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HomeMy WebLinkAbout2009-11f . PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2009, on the Town of Vail's web site, www.vailciov.com, on the 6th day of May, Witness my hand and seal this ik day of J , J T y a own of Vail ty Clerk , 2009. ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail in order to promote community events; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in order to establish regulations for temporary building banner signs. Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is stkken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 11, Series of 2009, first reading Sign, Temporary Building Banner. A "banner -type" display attached to a building under construction that is composed of graphics and text elements to advertise community events Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established as follows (text to be deleted is in str&etr-ough, text that is to be added is bold): Section 11-7-15, Temporary Building Banner Signs A. Purpose: The purpose of this section is to provide regulations for temporary building banner signs, which may be erected on buildings under construction to provide advertisement for community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. B. Applicability: Temporary building banner signs may be allowed on buildings with a valid building permit for new construction or a demo/rebuild in commercial and business districts, as listed in Section 12-7, Vail Town Code, to advertise community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. C. Number: No more than one temporary building banner sign shall be permitted per structure. At any time, only five (5) signs may be permitted within the Town of Vail. D. Size: The total combined size of the temporary building banner signs shall not exceed 1500 square feet per development site. The maximum size of graphics and text associated with the building on which the sign is erected shall not exceed the allowable size of the building identification sign, as outlined in 11-6-4. The combined area of text associated with the community event and graphics and text associated with sponsors of the community event shall not exceed 30% of the area of each sign. E. Content: The temporary building banner sign may only include the following: Graphics and text associated with community event, including one (1) website address and one (1) contact phone number 2. Graphics and text associated with sponsors of the community event 3. Graphics and text associated with the building in which the sign is affixed, which shall not include any phone number or website F. Location: Temporary building banner signs shall be affixed parallel to the building fagade and attached to scaffolding, an exterior weatherization barrier, or to the exterior of the building. Temporary building banner signs shall not extend above the eave line of the building. G. Duration: The signs may be erected for up to ninety (90) days, and only while the building has an active building permit for new construction or a 2 Ordinance No. 11, Series of 2009, first reading demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs shall be removed within seven (7) calendar days of the completion of the advertised community event. H. Material: The temporary building banner sign shall be fire retardant material. Lighting: No lighting shall be allowed. Construction lighting shall not be directed to illuminate the temporary building banner signs. J. Termination Of Section: The authority granted pursuant to this section shall terminate on September 30, 2009, unless sooner extended or terminated by separate ordinance of the council. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 19th day of May, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 11, Series of 2009, first reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2009, on the Town of Vail's web site, www.vailoov.com, on the 20th day of May, 2009. Witness my hand and seal thi day of 2009. T SVail own eput(seal) ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail in order to promote community events; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds that the amendments should be approved on a temporary basis to provide a trial period for temporary building banner signs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in order to establish regulations for temporary building banner signs. Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is stdr-ken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No, 11, Series of 2009, first reading Sign, Temporary Building Banner: A "banner -type" display attached to a building under construction that is composed of graphics and text elements to advertise community events Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established as follows (text to be deleted is in str4ket#reugh, text that is to be added is bold): Section 11-7-15, Temporary Building Banner Signs A. Purpose: The purpose of this section is to provide regulations for temporary building banner signs, which may be erected on buildings under construction to provide advertisement for community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. B. Applicability: Temporary building banner signs may be allowed on buildings with a valid building permit for new construction or a demo/rebuild in commercial and business districts, as listed in Section 12-7, Vail Town Code, to advertise community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. C. Number. No more than one temporary building banner sign shall be permitted per structure. At any time, only five (5) signs may be permitted within the Town of Vail. D. Size: The total combined size of the temporary building banner signs shall not exceed 1,500 square feet per development site. The maximum size of graphics and text associated with the building on which the sign is erected shall not exceed the allowable size of the building identification sign, as outlined in 11-6-4. The combined area of text associated with the community event and graphics and text associated with sponsors of the community event shall not exceed 30% of the area of each sign. E. Content: The temporary building banner sign may only include the following: 1. Graphics and text associated with community event, including one (1) website address and one (1) contact phone number 2. Graphics and text associated with sponsors of the community event 3. Graphics and text associated with the building in which the sign is affixed, which shall not include any phone number or website F. Location: Temporary building banner signs shall be affixed parallel to the building fagade and attached to scaffolding, an exterior weatherization barrier, or to the exterior of the building. Temporary building banner signs shall not extend above the eave line of the building. G. Duration: The signs may be erected for up to ninety (90) days, and only while the building has an active building permit for new construction or a demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs shall be removed within seven (7) calendar days of the completion of the advertised community event. Signs affixed to the exterior of the building shall be removed prior to completion of the approved fagade. H. Material: The temporary building banner sign shall be fire retardant material. I. Lighting: No lighting shall be allowed. Construction lighting shall not be directed to illuminate the temporary building banner signs. J. Termination Of Section: The authority granted pursuant to this section shall terminate on September 30, 2009, unless sooner extended or terminated by separate ordinance of the council. 2 Ordinance No. 11, Series of 2009, first reading Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 191h day of May, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. Attest: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor 3 Ordinance No. 11, Series of 2009, first reading