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HomeMy WebLinkAboutPEC100010Planning and Environmental Commisson ACTION FORM TOM 4YY41 UNITY DEVELOPMENT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: SOLARIS SIGN CODE AMENDMENTS PEC Number: PEC100010 Project Description: Participants: AMEND SIGN CODE TO ALLOW FOR ADDITIONAL SIGNAGE FOR MOVIE THERATER, BOWLING ALLEY AND PUBLIC PARKING ON PRIVATE PROPERTY OWNER SOLARIS PROPERTY OWNER LLC 03/15/2010 2211 N FRONTATGE RD STE A VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL 03/15/2010 Phone: 970 - 748 -0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL Location: SOLARIS Legal Description: Lot: P Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101 - 082 - 0100 -7 Comments: CLEVELAND AND DONOVAN OPPOSED BOARD /STAFF ACTION Motion By: NEWBURY Action: APPROVED Second By: T30SSEM Vote: 5 -2 -0 Date of Approval: 05/18/2010 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: Bill Gibson PEC Fee Paid: $1,300.00 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: Sign Code amendment to allow for additional signage for a movie theater, bowling alley, and pu blic parking on private property Physical Address: 143 E. Meadow Drive Parcel Number: 210108201001 Property Owner: Peter Knobel Mailing Address: 2211 North Frontage Road Vail, CO 81657 (Contact Eagle Co. Assessor at 970 -328 -8640 for parcel no.) Owner's Signature: Phone: 970- 479 -7566 Primary Contact/ Owner Representative: Mauriello Planning Group Mailing Address: PO Box 1127 Avon, CO 81620 E -Mail: dominic @mpgvail.com Fax: For Office Use Only: Cash_ CC Visa MC Last 4 CC # - I ! `f10 Au # y (J � check # Fee Paid: 1 d Received Fro g _� L j Carl K - 2.y[' Meeting Date: t PEC No.: 11 Planner: Project No: Zoning: Land Use: ` 1 Location of the Proposal: Lot: Block: Subdivision: PE�\JQC -000 Phone: 970- 748 -0920 MAR 15 2010 TOWN OF VAIL )I-Jan-10 Amendment to District Boundaries (Rezoning) or Zoning Ordinance Application for Review by the Planning and Environmental Commission TOWN OF VAIL, COLORADO Statement Statement Number: R100000187 Amount: $1,300.00 03/15/201012:22 PM Payment Method:Credit Crd Init: JLE Notation: ALLISON KENT ----------------------------------------------------------------------------- Permit No: PEC100010 Type: PEC- Zoning Code Amendmen Parcel No: 2101 - 082 - 0100 -7 Site Address: 143 E MEADOW DR VAIL Location: SOLARIS Total Fees: $1,300.00 This Payment: $1,300.00 Total ALL Pmts: $1,300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 1,300.00 ----------------------------------------------------- ------------------ - - - - -- S MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 18, 2010 V IVA SUBJECT: Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Peter Knobel, represented by Mauriello Planning Group Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Peter Knobel, represented by Mauriello Planning Group, is requesting a second reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor Ordinance No. 10, Series of 2010, (Attachment A) has been attached for review. II. BACKGROUND On April 12, 2010, the Planning and Environmental Commission voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. On May 4, 2010, the Vail Town Council approved, with modifications, the first reading of Ordinance No. 10, Series of 2010, by a vote of 5 -1 -0 (Donovan opposed). The modifications approved by the Vail Town Council on first reading were those specifically outlined in Section III, Recommendations, of the May 4, 2010, Staff memorandum to the Town Council as follows: • Modify Section 11- 6- 3 -A -1 -F to not address "businesses not on the first floor ", but to instead address "businesses not on the first floor or street level ". Staff believes the original intent of this regulation was to address non - street level businesses regardless of which story in the building they are located. • Establish a definition of first floor in the Sign Regulations that is consistent with the definition of the term "first floor or street level" found in Title 12, Zoning Regulations, Vail Town Code, currently used for implementing horizontal zoning. • Establish a definition of "Sign, Public Parking and Loading on Private Property" in the Sign Regulations that for consistency references the "public parking structure" and "public unstructured parking" land uses defined in Title 12, Zoning Regulations, Vail Town Code. • Modify proposed Section 11- 7 -15 -1 to allow more than one Public Parking and Loading Sign for Private Property at the discretion of the "Administrator", rather than at the discretion of the "Design Review Board." Staff believes this modification maintains the applicant's and Commission's intent to allow an expedited review process without the need for a variance. Staff believes the evaluation of impacts to public safety and traffic is not the role of the Design Review Board, but rather the Administrator. Modify proposed section 11- 7- 15 -A -3 by deleting the term "existing ". While this phrase is used elsewhere in the Sign Regulations, the phrase "existing grade" is a defined term in the Town's Zoning Regulations and refers to the historic grades of a site prior to any construction. The intent of the Sign Regulations is to ensure adequate sign clearance heights. These clearances are not related to pre - construction site grades. • Modify the term "available to the general public" in proposed Section 11- 7- 15 -8 -A to "for use by the public" for consistency with the "public parking structure" and "public unstructured parking" definition terminology of Title 12, Zoning Regulations, Vail Town Code. III. RECOMMENDATION The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for the first reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: 0 "The Town Council approves, on second reading, Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 10, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Town Council finds: 1. 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 the sign 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. " IV. ATTACHMENTS Attachment A: Ordinance No. 10, Series of 2010 3 ORDINANCE NO. 10 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE PROPERTY SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF CALCULATING ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations 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, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and WHEREAS, the Vail Town Council finds and determines 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethro gh text that is to be added is bold, and sections of text that are not amended have been omitted) FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the Administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY: A sign that is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays available for use by the public. These public parking spaces and loading bays Ordinance No. 10, Series of 2010, second reading must be above and beyond the requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. SECTION 2 . Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town Code, is hereby amended in part as follows (text to be deleted is in StFikethro gh , text that is to be added is bold, and sections of text that are not amended have been omitted) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On the First Floor or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. SECTION 3 . Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail Town Code, is hereby established as follows (text that is to be added is bold): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. 1. Number: One sign per public vehicular entrance, unless the Administrator determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. Ordinance No. 10, Series of 2010, second reading 2 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and/or symbols identifying parking and /or loading bays available for use by the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo c. Changeable copy may be allowed to identify the availability of parking spaces and /or loading bays. 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 Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 6. The amendment of any provision of the Town Code of Vail 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 4 th day of May, 2010 and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2010, second reading INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of May, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2010, second reading 4 TO: FROM DATE: Vail Town Council MEMORANDUM Z^ S �T,,oe— 1 U o�� ' S- /- a (04"o V4, arr°Sf &J, Community Development Department May 4, 2010 SUBJECT: Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Peter Knobel, represented by Mauriello Planning Group Planner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Peter Knobel, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor The proposed Ordinance No. 10, Series of 2010, (Attachment A), the April 12, 2010, Planning and Environmental Commission hearing results (Attachment B), the April 12, 2010, Staff memorandum to the Planning and Environmental Commission (Attachment C), and the applicant's public parking sign concept drawings (Attachment D) have been attached for review. II. BACKGROUND On April 12, 2010, the Planning and Environmental Commission reviewed the proposed Sign Regulations text amendments. The proposed regulation amendments were as follows (text to be deleted is in stFikethre gh text that is to be added is bold, and sections of text that are not amended have been omitted): 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12- 10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: Two signs per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 2 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public. b. Signs may identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. Changeable copy may be allowed to identify the status or availability of parking spaces and/or loading bays. On April 12, 2010, the Planning and Environmental Commission voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. The following Planning and Environmental Commission's recommended modifications to the Sign Regulation amendments have been incorporated into the attached Ordinance No. 10, Series of 2010: 1) Proposed section 11- 7- 15 -A -1, should be modified to read as follows: 1. Number: Two signs One sign per public entrance, unless the Design Review Board determines f°%9 additional signs are necessary to promote the safe and efficient flow of traffic. 2) Proposed Sections 11- 7- 15 -A -8 -a and 11- 7- 15 -A -8 -b should be modified to read as follows: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. Lip to fifty \ Rn) p eFGent of the total sign area III. RECOMMENDATION Since the Planning and Environmental Commission's April 12, 2010, hearing on the proposed Sign Regulation amendments, Staff has re- evaluated the specific text of the proposed amendments. The purpose of this re- evaluation was not to change the intent of the applicant's request or the Commission's recommendation, but to determine the most efficient and effective specific text to implement the proposed amendments. Based upon this re- evaluation, Staff recommends the following modifications to the proposed Sign Regulations amendments: Modify Section 11- 6- 3 -A -1 -F to not address "businesses not on the first floor", but to instead address "businesses not on the first floor or street level ". Staff believes the original intent of this regulation was to address non - street level businesses regardless of which story in the building they are located. • Establish a definition of first floor in the Sign Regulations that is consistent with the definition of the term "first floor or street level" found in Title 12, Zoning Regulations, Vail Town Code, currently used for implementing horizontal zoning. • Establish a definition of "Sign, Public Parking and Loading on Private Property" in the Sign Regulations that for consistency references the "public parking structure" and "public unstructured parking" land uses defined in Title 12, Zoning Regulations, Vail Town Code. • Modify proposed Section 11- 7 -15 -1 to allow more than one Public Parking and Loading Sign for Private Property at the discretion of the "Administrator ", rather than at the discretion of the "Design Review Board." Staff believes this modification maintains the applicant's and Commission's intent to allow an expedited review process without the need for a variance. Staff believes the evaluation of impacts to public safety and traffic is not the role of the Design Review Board, but rather the Administrator. • Modify proposed section 11- 7- 15 -A -3 by deleting the term "existing ". While this phrase is used elsewhere in the Sign Regulations, the phrase "existing grade" is a defined term in the Town's Zoning Regulations and refers to the historic grades of a site prior to any construction. The intent of the Sign Regulations is to ensure adequate sign clearance heights. These clearances are not related to pre - construction site grades. • Modify the term "available to the general public" in proposed Section 11- 7- 15 -8 -A to "for use by the public" for consistency with the "public parking structure" and "public unstructured parking" definition terminology of Title 12, Zoning Regulations, Vail Town Code. Staff recommends the Town Council approve Ordinance No. 10, Series of 2010, to read as follows (text to be deleted from the Planning and Environmental Commission's recommendation is in , text to be added to the Planning and Environmental Commission's recommendation is in bold italics): 11 -2 -1: Definitions Enumerated (in part) FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the Administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY. A sign that is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays available for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of Chapter 4 12 -10, Vail Town Code. 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On the First Floor or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. street level level to, and this n 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of Chapter 12 -10, Vail Town Code, and shall be avaelah-10- vu=EFFN5=%� fera publie short term basis. 1. Number: One sign per public vehicular entrance, unless the Administrator determines additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and/or symbols identifying parking and /or loading bays t th for use by the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. c. Changeable copy may be allowed to identify the availability of parking spaces and /or loading bays. The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for the first reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 10, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Town Council finds: 1. 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 the sign regulations; and '09 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. " IV. ATTACHMENTS Attachment A: Ordinance No. 10, Series of 2010 Attachment B: April 12, 2010, PEC hearing results Attachment C: April 12, 2010, Staff memorandum to the PEC Attachment D: Applicant's public parking sign concept drawings 7 ORDINANCE NO. 10 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE PROPERTY SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF CALCULATING ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations 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, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town Code, is hereby amended in part as follows (text to be deleted is in StFikethFeugh, text that is to be added is bold, and sections of text that are not amended have been omitted) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board Ordinance No. 10, Series of 2010, first reading to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. SECTION 2 . Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail Town Code, is hereby established as follows (text that is to be added is bold): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and/or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12 -10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: One sign per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend more than twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. Ordinance No. 10, Series of 2010, first reading c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. SECTION 3. 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 Vail 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 4. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 5. The amendment of any provision of the Town Code of Vail 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 6. 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 4 th day of May, 2010 and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2010, first reading Vail Town Council Attachment: B Planning and Environmental Commission 4/12/10 Public Hearing Results (in part) 3. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Peter Knobel, represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Recommendation of approval with modification(s) MOTION: Viele SECOND: Paladino VOTE: 6 -0 -0 MODIFICATIONS: 1. Proposed section 11- 7- 15 -A -1, should be modified to read as follows: 1. Number: Two signs One sign per public entrance, unless the Design Review Board determines fewer- eF additional signs are necessary to promote the safe and efficient flow of traffic. 2. Proposed Sections 11- 7- 15 -A -8 -a and 11- 7- 15 -A -8 -b should be modified to read as follows: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the public on no less than fifty percent (509"o) of the total sign area. b. Signs may identify the owner or the project name and logo. up to fifty (50) peFGeRt ef the total sign area. Bill Gibson presented an overview of the proposal and the staff memorandum. Commissioner Pierce stated that from the memorandum it appeared Staff had thought about the topic very thoroughly. He had no further questions. Commissioner Kurz noted that the based upon the site visit the proposed sign size changes were appropriate. He inquired as to the design standards that controlled sign lighting. Bill Gibson explained the Sign Code lighting regulations Commissioner Cartin inquired with an example of a concern about second floor spaces just building a single access and being considered first floor. Bill Gibson explained that the language, "pedestrian way" was included to prohibit a single stair case qualifying as a first floor level structure. He continued by presenting the final element of the applicant's request. Commissioner Kurz inquired as to the location of the public parking signs in the right -of -way. He suggested that it may only be appropriate in a median. He further inquired as to how the size of the sign was measured. Did it include the base of the structure? He felt the sign should be restricted to six square feet. 1 Bill Gibson explained how signage is measured and it does not include the base. Commissioner Pierce pointed out that the proposed amendment to put signage in the right -of- way would be at the discretion of the Town. Commissioner Cartin suggested the proposal for the public parking signage be reversed to require a minimum of 50% of the sign face be used to identify the public parking. Dominic Mauriello, representing the applicant, presented a summary of the proposal. Commissioner Viele noted his support for a recommendation of approval to the Town Council, and complimented Staff on the concise code language addressing complex issues. Commissioner Cartin stated that his concerns were expressed earlier. Commissioner Pratt recommended the number of remaining available parking spaces be identified on public parking signs. Commissioners Kurz, Paladino, and Pierce had no further comment. Commissioner Pierce noted that the proposed amendments were well written. There was no public comment. %i Vail Town Council Attachment: C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Pete Knobel, represented by Mauriello Planning Group Planner: Bill Gibson SUMMARY A request for a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for additional movie theater and bowling alley signage, to create regulations allowing signage for public parking on private property, and to clarify the allowable signage for businesses not located on the first floor of a building. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forwards a recommendation of approval, with modifications, subject to the findings noted in Section VI of this memorandum. Photographs of existing parking signs (Attachment A) and the applicant's request has been attached for reference (Attachment B). II. DESCRIPTION OF REQUEST Solaris is located within Special Development District No. 39 and includes a movie theater, bowling alley, public parking, and a second story outdoor pedestrian promenade, among other residential and commercial uses. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor The applicant contends that movie theaters and bowling alleys have unique land use characteristics and should have unique consideration for signage. The applicant is requesting Sign Regulations amendments to allow, at the discretion of the Design Review Board, movie theaters and bowling alleys located in Sign District 1 (all areas except West Vail and Cascade Crossing) to install business identification signs up to 15 sq. ft. in area. The current Sign Regulations allow business identification signs up to 6 sq. ft. in area for all business types. Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations pursuant to Section 11 -9 -1, Exempt Signs, Vail Town Code. The Town has also interpreted the signs for the public loading bays at the Front Door in Vail Village, the public loading bays at the Arrabelle in Lionshead, and public parking at Golden Peak under this same exemption, even though these properties are privately owned. As required by its special development district, Solaris will offer short term parking available to the general public. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. The Solaris development project includes a public plaza and skating rink adjacent to East Meadow Drive. The first floor of the Solaris building adjacent to the public plaza will be occupied by a variety of commercial uses including retail, restaurant, movie theater, bowling alley, etc. The Solaris development will also entail a second story of commercial tenant spaces, located above the first floor commercial spaces, over looking the public plaza. These second floor commercial spaces are accessed by the public along an outdoor second story pedestrian promenade that connects to East Meadow Drive and the public plaza at both the west and east ends of the building. These second story commercial spaces function as street level businesses with pedestrian scale storefronts and individual entrances along the outdoor promenade. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. From a Zoning Regulation perspective, these second story commercial spaces on the pedestrian promenade could be considered "first floor or street level "; however, due to the lack of similar definitions the Sign Regulations do not make this same distinction. The current Sign Regulations limit the allowable business identification sign area for "businesses not on the first floor" to 4 sq. ft., rather than 6 sq. ft. for first floor businesses. The applicant contends the Solaris second story commercial spaces along the pedestrian promenade have the same function and characteristics as the Solaris first floor commercial spaces along the pedestrian plaza and should be allowed the same sign area. A copy of the applicant's request has been attached for reference (Attachment B). Since the initial submittal of this proposal, the applicant and Staff have collaborated to draft the following proposed Sign Regulation amendment text. The following text supersedes the proposed text outlined in the applicant's attached April 7, 2010, proposal. 2 The proposed regulation amendments are as follows (text to be deleted is in stFiketh ni gh text that is to be added is bold, and sections of text that are not amended have been omitted) 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12- 10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: Two signs per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend move that twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public. b. Signs may identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. BACKGROUND This applicant, Pete Knobel, represented by Mauriello Planning Group, has submitted the proposed sign code amendments based upon the built conditions at the Solaris development project at 141 East Meadow Drive. Solaris is located within a special development district and includes the unique land uses of a movie theater, bowling alley, and public parking. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Specific types of businesses, for example restaurants, were granted additional advertising opportunities by the 2003 code amendments. In addition to the standard business identification signs, restaurants are allowed to install menu display boxes and daily special boards. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (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 M 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. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and Bowling alley and movie theater signs The Town's Sign Regulations currently allow unique signage opportunities for unique land uses. For example, in addition to the standard 6 sq. ft. business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ". Similarly, real estate offices and movie theaters are allowed to erect "display box signs ". Movie theaters and movie /media rental businesses are also allowed to erect "entertainment signs ". The Town's Sign Regulations do not currently grant display box or entertainment sign opportunities for bowling alleys. Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. As noted above, movie theaters are currently allowed a display box and entertainment signs to show movie listings and movie posters. The applicant is proposing that the business identification signs for bowling alleys and movies theaters should be allowed to be larger than the business identification signs for other business types in Sign District 1. Staff recognizes that bowling alleys and movie theaters are typically larger commercial tenants with more business frontage than other commercial uses in the same building. Additionally, bowling alleys and movies theaters are public assembly type uses intended to draw large numbers of people and often serve as an anchor tenants within a commercial or mixed use building. The desired side effect of an anchor tenant is to increase the potential customer traffic to the smaller commercial uses. 5 From a community -wide guest service perspective, Staff sees value in distinguishing tend uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes any amendment to increase the business identification signs area standards must be constrained by the Sign Regulation design guidelines. Staff does not believe an increase the business identification signs area standards should create a scenario in which a sign is disproportional to the scale of the business or building upon which they are erected. The applicant has agreed to revise the proposed amendment to allow larger signs for bowling alleys and movie theaters at the discretion of the Design Review Board. Therefore, Staff believes the applicant's proposal to allow bowling alleys and movies theaters up to 15 sq. ft. of business sign area, at the discretion of the Design Review Board is consistent with the following purposes of the Town's Sign Regulations: "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." In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq.ft. of sign area for every businesses in Vail Village and Lionshead regardless of type or frontage of the business. Prior to these amendments, the allowable business identification sign area was proportional to the size of the business frontage. So, larger anchor type businesses were allowed larger signs than smaller non - anchor businesses. This proportional sign calculation method is currently applied to businesses in West Vail and Cascade Crossing. As noted above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. However, movie theaters have unique signage considerations and are currently allowed a display box and entertainment signs to show movie listings and movie posters. Staff is concerned that allowing the business identification signs for bowling alleys and movie theaters to be 2.5 times larger than other business uses in Sign District 1 is not consistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the town of Vail." Therefore, Staff does not recommend Section 11- 6- 3- A -1 -b, Area, Vail Town Code, be amended as part of this approval. Al Public parking on private property Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above. Staff supports the proposed text amendments to this section of the Town Code, but recommends only one sign, rather than two signs, are allowed for each public vehicular entrance. Staff supports the proposal to allow the Design Review Board the authority to allow more than one sign should the Board determine the additional sign(s) are necessary for the safe and expedient flow of traffic. Businesses not located on the first floor The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor' and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulation, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above and Staff supports the proposed text amendments to this section of the Town Code. 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 Bowling alley and movie theater signs As described above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. Staff sees value in distinguishing land uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes allowing signage unique to bowling alley and movie theaters uses such as display boxes and entertainment signs are consistent with the Town's development objectives. However, in 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. 7 Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parkinq on private propert At its February 16, 2010 work session on parking policies, the Vail Town Council identified public parking on private property as a development objective of the Town. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the Town's development objective to facilitate and encourage public parking on private property. Businesses not located on the first floor The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulations, as proposed by the applicant, is consistent with the development objectives of the Town. 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 Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private propert The Town's Sign Regulations currently do not address public parking on private property. The Vail Town Council has identified public parking on private property as a development objective of the Town. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development obje> and Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property The Town's Sign Regulations currently d o property. Therefore, Staff believes the consistent with this criterion. not address public parking on private proposed regulation amendments are Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this request Community Development Department recommends the Commission pass the following motion: 9 " "Based upon a review of Section V of the Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications: "1. That Section 11- 6- 3- A -1 -b, Area, Vail Town Code, shall not be amended to allow for an increase in business identification sign area for bowling alleys and movie theaters. 2. That proposed Section 11- 7- 15 -A -1 shall be modified to allow one, not two, signs per public entrance, unless the Design Review Board determines additional signs are necessary to promote the safe and expedient flow of traffic. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's April 12, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 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 sign 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. " VII. ATTACHMENTS A. Photographs of Existing Parking Signs B. Applicant's Request dated April 7, 2010 10 Attachment A 11 1� 13 no Garage Sign on Willow Road = 6.25 sq.ft pp 4� A r t to � 14 15 16 17 Attachment B 1 � ® ® Submittal to the Town of Vail for a ■ C 1 . Cian Roaiilntinnc Tnvt Amnnrlmpnt Mauriello Planning Group March 15, 2010 Revised March 23, 2010 Revised April 7, 2010 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re -write of Chapter 11: Sign Regulations. This re -write was highly successful and generally greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is a need to revisit some issues that were either not considered at the time of adoption, or conditions have changed which would make additional tweaking necessary. As opening day of Solaris approaches and tenant spaces are leased, issues with the sign code have surfaced. Based on input from the Town Staff, the Solaris project, represented by Mauriello Planning Group, is submitting a text amendment to the Chapter 11: Sign Regulations, to meet the unique needs of Solaris. These amendments can be characterized by three subjects: (A.) promenade -level retailing needs; (B.) unique needs of a movie theater; and (C.) significant amounts of public parking on private property. A. Promenade Level Retail Section 11 -6 -3: Business Signs outlines the allowable size for business signs as follows: A. Business Identification Signs: 1. Business identification signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business identification sign shall extend more than twenty five feet (25') above existing grade. d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Based on the above sections, the signs on the promenade level of Solaris are only allowed four (4) square feet. When this code section was written, the intent was likely to limit the size of signs for businesses that lack frontage on pedestrian way. However, in the case of Solaris, there is a pedestrian promenade along the commercial spaces located at the second story. In addition, contrary to the way this regulation was written, the spaces that are not located on the first floor are more visually challenged, and therefore should have larger signage allowances. Section 11 -6 -3 is proposed to be amended as follows (text to be added is shown in bold italic): f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Businesses located above the first floor and located on a pedestrian promenade shall have an allowable area of each business identification sign up to six (6) square feet. This amendment allows for the signs that are located above the first floor, but on a pedestrian promenade to be up to 6 sq. ft., consistent with the allowable signage elsewhere. B. Movie Theater & Bowling Alley Section 11 -7 -8: Entertainment Signs, states the following with regard to signage for movie theaters: 11 -7 -8: ENTERTAINMENT SIGNS: Solaris Sign Regulations Amendment 2 Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. In addition to Section 11 -6 -3, which would limit the movie theater to 6 sq. ft., Section 11 -7 -8 includes additional qualifications for a movie theater, limiting the number of movie posters to a total of three, but does not provide any additional allowance for sign size. Six square feet is an inappropriately sized sign for any sort of movie theater sign that is common in the industry. Section 11 -7 -8 is proposed to be amended as follows (text to be added is shown in bold italic): 11 -7 -8: ENTERTAINMENT SIGNS: Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. Due to the unique nature of a movie theater as a place of public assembly, the allowable area of a sign for a theater shall be limited to fifteen (15) square feet and the design shall be subject to design review. This amendment allows for movie theaters to be up to 15 sq. ft., which is more appropriate for a specialized use such as a theater. Similarly, a bowling alley is a unique use, which also needs special consideration. As a result, the following section is proposed to be added (text to be added is shown in bold italic): 11 -7 -15: BOWLINGALLEYSIGNS: The allowable area of a business sign for a bowling alley shall be fifteen (15) square feet. C. Public Parking on Private Property Unlike many other projects in Vail Village, Solaris will be providing a significant amount of parking available to the public. As a result, there are special circumstances related to this project that necessitate vehicular- oriented signage, identifying that public parking is available. Currently, the Sign Regulations is silent to this sort of signage, instead only allowing for limited signage for "Traffic Control Signs" which are defined as: TRAFFIC CONTROL SIGN (For Private Property): A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. Chapter 11 -7: Other Signs, is proposed to be amended to add the following section (text to be added is shown in bold italic): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking sign is permitted for private property which provides a minimum of 25 parking spaces available to the public. These 25 spaces must be above and beyond the requirements of Chapter 12 -10 and shall be available to the general public. A public loading sign is permitted for private property which provides facilities for loading and delivery available to the public. 1. Size: For private property owners providing a minimum of 25 public parking spaces and up to 200 public parking spaces, a public parking sign shall not exceed ten (10) square feet. For private property owners providing more than 200 public parking spaces, a public parking sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. For private property owners providing access to loading and delivery bays to the public (i.e.. businesses other than those located in the building in which the facility is located), a public loading sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. Solaris Sign Regulations Amendment 3 2. Number: A maximum total of two (2) signs permitted per entrance to the facility. Additional signage may be permitted, subject to Design Review. 3. Height, Design, Lighting, and Landscaping: Subject to Design Review. 4. Location: Subject to Design Review, but may be permitted in the Town's Right -of -Way, subject to approval by the Town Engineer. S. Special Provisions: a. May be either freestanding or wall- mounted. b. May identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. May be a variable message sign, indicating status or availability of parking spaces and /or loading bays, subject to Design Review. Allowing for additional signage for property owners who provide significant amounts of public parking is an important benefit to the Town. These signs need to be visible to direct people in vehicles, and therefore need to be larger than the typical 6 ft. pedestrian sign. II. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the sign code. For the purposes of this application, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 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. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 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. S. 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. Z 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. Solaris Sign Regulations Amendment 4 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. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community, such as protecting economic values, enhancing the appearance of Vail, and providing for the growth of an orderly and viable community. Specifically, this text amendment will enhance the Town's established character of a resort and residential community of high quality. In addition to the purpose statements of the Zoning Regulations, Title 11 -1 -2, Sign Regulations, also provides the purpose statements of the Sign Regulations. 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. The proposed text amendment also furthers the purpose statements of the Vail Sign Regulations. Each of the purpose statements is clearly enhanced by the proposed amendment. 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 Our Analysis: There are no adopted goals, objectives, or policies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: 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. Objective 13: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. Solaris Sign Regulations Amendment 5 Policy 1.3.1: Public improvements shall be developed with the participation of the private sector working with the Town. Objective 1.4: Recognize the "historic' importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITYAS A 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. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 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. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Objective 2.7: Encourage the development of multi-use special events venues and infrastructure (i.e., publicly accessible restrooms, power and utilities, etc.) within Vail Village in cooperation with the private sector. Policy 2.7.1: The development of new special event venues and improvements to existing venues shall be strongly encouraged to reinforce the important role that special events play in the promoting a year -round economy in Vail Village. As the above goals, objectives, and policies indicate, the Town recognizes the importance of successful commercial uses in Vail Village and has structured its policies and regulations to reflect this. 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 Our Analysis: The existing regulation which limits the size of signs on all levels other than the first level is clearly in error. Businesses and signs on the first level of a structure are clearly the most visible to pedestrians. Four square feet is inadequate to serve the needs of the retailers on the promenade level, and this should be increased to six (6) square feet. It also provides consistency and fairness for commercial uses. The code is also in error because.it diidnot anticipate the existence of a second floor promenade type retail experience in Vail. Solaris Sign Regulations Amendment 6 In addition, due to the unique nature of movie theaters and bowling alleys, a larger business identification sign for these uses is necessary. Because a movie theater needs to be identifiable to a large mass of people, a larger sign is appropriate. Finally, it is uncommon for a private property owner to provide significant amounts of public parking, and as a result, the regulations clearly do not apply to this sort of use. The proposed regulations is intended to serve a public purpose by directing vehicles into publicly available parking spaces. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: This amendment is limited to upper level businesses that are also on a pedestrian promenade. This was done specifically to limit the amendment to businesses that rely on walk -by pedestrian traffic for success. For example, an office that was located on a second story would not be allowed a larger sign unless on a pedestrian promenade, because they do not rely on pedestrian visibility, and are instead more of a destination. The theater, bowling alley, and public parking are important benefits to the Town, and the proposed amendments are key to providing locational information to the public. As a result, the proposed amendment is consistent with municipal development objectives, and provides for a harmonious, convenient, and workable relationship among the Sign Regulations. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Solaris Sign Regulations Amendment 7 Vail Town Council Attachment: D r ZING Z12-6 7L; �r r le S f DEC 64f y�l « ,S f�nG 6� s� ry atir6 i 44if aAi roil "4z oA a sl�n v*z ew� , �Dlg , zikv, btw. �-.Ai rk W.4/ � e / 4&-s ( /0 7 iv V� fir J tll7� G p ti s�.r�i��.ra..04 MEMORANDUM 116k: (,_cJ_ o TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. (PEC100010) Applicant: Pete Knobel, represented by Mauriello Planning Group Planner: Bill Gibson SUMMARY A request for a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for additional movie theater and bowling alley signage, to create regulations allowing signage for public parking on private property, and to clarify the allowable signage for businesses not located on the first floor of a building. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forwards a recommendation of approval, with modifications, subject to the findings noted in Section VI of this memorandum. Photographs of existing parking signs (Attachment A) and the applicant's request has been attached for reference (Attachment B). II. DESCRIPTION OF REQUEST Solaris is located within Special Development District No. 39 and includes a movie theater, bowling alley, public parking, and a second story outdoor pedestrian promenade, among other residential and commercial uses. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. The applicant is proposing to amend the Town's Sign Regulations to address the following: • Additional bowling alley business identification signage • Additional movie theater signs business identification signage • Establishing public parking on private property sign regulations • Clarifying the sign area regulations for businesses not on the first floor The applicant contends that movie theaters and bowling alleys have unique land use characteristics and should have unique consideration for signage. The applicant is requesting Sign Regulations amendments to allow, at the discretion of the Design Review Board, movie theaters and bowling alleys located in Sign District 1 (all areas except West Vail and Cascade Crossing) to install business identification signs up to 15 sq. ft. in area. The current Sign Regulations allow business identification signs up to 6 sq. ft. in area for all business types. Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations pursuant to Section 11 -9 -1, Exempt Signs, Vail Town Code. The Town has also interpreted the signs for the public loading bays at the Front Door in Vail Village, the public loading bays at the Arrabelle in Lionshead, and public parking at Golden Peak under this same exemption, even though these properties are privately owned. As required by its special development district, Solaris will offer short term parking available to the general public. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. The Solaris development project includes a public plaza and skating rink adjacent to East Meadow Drive. The first floor of the Solaris building adjacent to the public plaza will be occupied by a variety of commercial uses including retail, restaurant, movie theater, bowling alley, etc. The Solaris development will also entail a second story of commercial tenant spaces, located above the first floor commercial spaces, over looking the public plaza. These second floor commercial spaces are accessed by the public along an outdoor second story pedestrian promenade that connects to East Meadow Drive and the public plaza at both the west and east ends of the building. These second story commercial spaces function as street level businesses with pedestrian scale storefronts and individual entrances along the outdoor promenade. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. From a Zoning Regulation perspective, these second story commercial spaces on the pedestrian promenade could be considered "first floor or street level "; however, due to the lack of similar definitions the Sign Regulations do not make this same distinction. The current Sign Regulations limit the allowable business identification sign area for "businesses not on the first floor" to 4 sq. ft., rather than 6 sq. ft. for first floor businesses. The applicant contends the Solaris second story commercial spaces along the pedestrian promenade have the same function and characteristics as the Solaris first floor commercial spaces along the pedestrian plaza and should be allowed the same sign area. A copy of the applicant's request has been attached for reference (Attachment B). Since the initial submittal of this proposal, the applicant and Staff have collaborated to draft the following proposed Sign Regulation amendment text. The following text supersedes the proposed text outlined in the applicant's attached April 7, 2010, proposal. 2 The proposed regulation amendments are as follows (text to be deleted is in stF gh text that is to be added is bold, and sections of text that are not amended have been omitted) 11- 6- 3 -A -1: Business Identification Signs in Sign District 1 (in part) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. Businesses located above or below the first floor and determined by the administrator or the Design Review Board to function as a street level business are exempt from this provision. For example, a basement or second floor business located along, level to, and individually accessed from an outdoor pedestrian way with eye level storefront windows and doors may be exempt from this provision. 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provides a minimum of 25 parking spaces available to the general public and /or loading bays available to the general public. These parking spaces must be above and beyond the requirements of Chapter 12- 10, Vail Town Code, and shall be available to the general public on a short term basis. 1. Number: per public vehicular entrance, unless the Design Review Board determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the Design Review Board determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any public parking or loading signs shall extend move that twenty five feet (25') above existing grade. 4. Location: Subject to design review. Signs may be permitted in the Town's street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 3 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and symbols identifying parking and loading bays available to the general public. ovL " less files►. +1 percc'i (O%) a �L 4461 4� "e"• b. Signs may identify the owner or the project name and logo, up to c. Changeable copy may be allowed to identify the status or availability of parking spaces and /or loading bays. BACKGROUND This applicant, Pete Knobel, represented by Mauriello Planning Group, has submitted the proposed sign code amendments based upon the built conditions at the Solaris development project at 141 East Meadow Drive. Solaris is located within a special development district and includes the unique land uses of a movie theater, bowling alley, and public parking. While the Solaris development project is the catalyst for this application, the proposed Sign Regulation amendments will affect all properties and other future development projects. Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Specific types of businesses, for example restaurants, were granted additional advertising opportunities by the 2003 code amendments. In addition to the standard business identification signs, restaurants are allowed to install menu display boxes and daily special boards. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (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 rd 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. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and Bowling alley and movie theater signs The Town's Sign Regulations currently allow unique signage opportunities for unique land uses. For example, in addition to the standard 6 sq. ft. business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ". Similarly, real estate offices and movie theaters are allowed to erect "display box signs ". Movie theaters and movie /media rental businesses are also allowed to erect "entertainment signs ". The Town's Sign Regulations do not currently grant display box or entertainment sign opportunities for bowling alleys. Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. As noted above, movie theaters are currently allowed a display box and entertainment signs to show movie listings and movie posters. The applicant is proposing that the business identification signs for bowling alleys and movies theaters should be allowed to be larger than the business identification signs for other business types in Sign District 1. Staff recognizes that bowling alleys and movie theaters are typically larger commercial tenants with more business frontage than other commercial uses in the same building. Additionally, bowling alleys and movies theaters are public assembly type uses intended to draw large numbers of people and often serve as an anchor tenants within a commercial or mixed use building. The desired side effect of an anchor tenant is to increase the potential customer traffic to the smaller commercial uses. 5 From a community -wide guest service perspective, Staff sees value in distinguishing land uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes any amendment to increase the business identification signs area standards must be constrained by the Sign Regulation design guidelines. Staff does not believe an increase the business identification signs area standards should create a scenario in which a sign is disproportional to the scale of the business or building upon which they are erected. The applicant has agreed to revise the proposed amendment to allow larger signs for bowling alleys and movie theaters at the discretion of the Design Review Board. Therefore, Staff believes the applicant's proposal to allow bowling alleys and movies theaters up to 15 sq. ft. of business sign area, at the discretion of the Design Review Board is consistent with the following purposes of the Town's Sign Regulations: "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." In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq.ft. of sign area for every businesses in Vail Village and Lionshead regardless of type or frontage of the business. Prior to these amendments, the allowable business identification sign area was proportional to the size of the business frontage. So, larger anchor type businesses were allowed larger signs than smaller non - anchor businesses. This proportional sign calculation method is currently applied to businesses in West Vail and Cascade Crossing. As noted above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. However, movie theaters have unique signage considerations and are currently allowed a display box and entertainment signs to show movie listings and movie posters. Staff is concerned that allowing the business identification signs for bowling alleys and movie theaters to be 2.5 times larger than other business uses in Sign District 1 is not consistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. " Therefore, Staff does not recommend Section 11- 6- 3- A -1 -b, Area, Vail Town Code, be amended as part of this approval. 2 Public parkino on private propert Currently the Town's Sign Regulations do not specifically address signage for public parking on private property. The existing signs for the Vail Village parking structure, the Lionshead parking structures, Ford Park, and other Town of Vail owned properties have historically been interpreted as "government signs, including directional signs to control traffic or for other regulatory purposes" that are exempt from the Sign Regulations. Rather than deferring to the government sign exemption, the applicant is proposing specific sign regulations to address public parking and loading on private property. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above. Staff supports the proposed text amendments to this section of the Town Code, but recommends only one sign, rather than two signs, are allowed for each public vehicular entrance. Staff supports the proposal to allow the Design Review Board the authority to allow more than one sign should the Board determine the additional sign(s) are necessary for the safe and expedient flow of traffic. Businesses not located on the first floor The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor' and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulation, as proposed by the applicant, is consistent with the purposes of the Sign Regulations as outlined in Section IV above and Staff supports the proposed text amendments to this section of the Town Code. 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 Bowling alley and movie theater signs As described above, Staff believes bowling alleys and movie theaters have unique land use characteristics and should have unique consideration for signage. Staff sees value in distinguishing land uses like bowling alleys and movie theaters, and creating ways to aid guests in finding such uses. Staff believes allowing signage unique to bowling alley and movie theaters uses such as display boxes and entertainment signs are consistent with the Town's development objectives. However, in 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. 7 Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property At its February 16, 2010 work session on parking policies, the Vail Town Council identified public parking on private property as a development objective of the Town. Staff believes specifically addressing signage for public parking on private property, as proposed by the applicant, is consistent with the Town's development objective to facilitate and encourage public parking on private property. Businesses not located on the fi The Town's Sign Regulations allow for smaller business identification signs for those businesses not located on the first floor. Unlike the Town's Zoning Regulations, the Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor due to changing grades, locations of street and pedestrian ways, etc. Staff believes clarifying the intent of this regulations, as proposed by the applicant, is consistent with the development objectives of the Town. 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 Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public oarkino on private orooert The Town's Sign Regulations currently do not address public parking on private property. The Vail Town Council has identified public parking on private property as a development objective of the Town. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing n . grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Bowling alley and movie theater signs Prior to 2003, the Town's Sign Regulations determined the allowable sign area for businesses in Vail Village and Lionshead based upon the length of the business frontage. The larger the business frontage, the more sign area allowed. In 2003, in an effort to streamline the development review process, to create equity between businesses, and to create design consistency, the Town's Sign Regulations were amended to allow up to 6 sq. ft. of sign area for every business in Vail Village and Lionshead regardless of type or size of the business. Therefore, Staff does not believe the proposed regulation amendments are consistent with this criterion. Public parking on private property The Town's Sign Regulations currently do not address public parking on private property. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. Businesses not located on the first floor The Town's Sign Regulations do not define "first floor" and do not address circumstances where buildings may have more than one first floor do to changing grades, locations of street and pedestrian ways, etc. Therefore, Staff believes the proposed regulation amendments are consistent with this criterion. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this request; Community Development Department recommends the Commission pass the following motion: Z " "Based upon a review of Section V of the Staff's April 12, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications: "1. That Section 11- 6- 3- A -1 -b, Area, Vail Town Code, shall not be amended to allow for an increase in business identification sign area for bowling alleys and movie theaters. 2. That proposed Section 11- 7- 15 -A -1 shall be modified to allow one, not two, signs per public entrance, unless the Design Review Board determines additional signs are necessary to promote the safe and expedient flow of traffic. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staffs April 12, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 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 sign 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. " VII. ATTACHMENTS A. Photographs of Existing Parking Signs B. Applicant's Request dated April 7, 2010 10 Attachment A 11 1 -) 13 14 15 16 17 1 - n I Submittal to the Town of Vail for a Sign Regulations Text Amendment March 15, 2010 Revised March 23, 2010 Revised April 7, 2010 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re -write of Chapter 11: Sign Regulations. This re -write was highly successful and generally greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is a need to revisit some issues that were either not considered at the time of adoption, or conditions have changed which would make additional tweaking necessary. As opening day of Solaris approaches and tenant spaces are leased, issues with the sign code have surfaced. Based on input from the Town Staff, the Solaris project, represented by Mauriello Planning Group, is submitting a text amendment to the Chapter 11: Sign Regulations, to meet the unique needs of Solaris. These amendments can be characterized by three subjects: (A.) promenade -level retailing needs; (B.) unique needs of a movie theater; and (C.) significant amounts of public parking on private property. A. Promenade Level Retail Section 11 -6 -3: Business Signs outlines the allowable size for business signs as follows: A. Business Identification Signs: 1. Business identification signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrionways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business identification sign shall extend more than twenty five feet (25') above existing grade. d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Based on the above sections, the signs on the promenade level of Solaris are only allowed four (4) square feet. When this code section was written, the intent was likely to limit the size of signs for businesses that lack frontage on pedestrian way. However, in the case of Solaris, there is a pedestrian promenade along the commercial spaces located at the second story. In addition, contrary to the way this regulation was written, the spaces that are not located on the first floor are more visually challenged, and therefore should have larger signage allowances. Section 11 -6 -3 is proposed to be amended as follows (text to be added is shown in bold italic): f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of four (4) square feet, location shall be subject to design review. Businesses located above the first floor and located on a pedestrian promenade shall have an allowable area of each business identification sign up to six (6) square feet. This amendment allows for the signs that are located above the first floor, but on a pedestrian promenade to be up to 6 sq. ft., consistent with the allowable signage elsewhere. B. Movie Theater & Bowling Alley Section 11 -7 -8: Entertainment Signs, states the following with regard to signage for movie theaters: 11 -7 -8: ENTERTAINMENT SIGNS: Solaris Sign Regulations Amendment Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. In addition to Section 11 -6 -3 which would limit the movie theater to 6 sq. ft., Section 11 -7 -8 includes additional qualifications for a movie theater, limiting the number of movie posters to a total of three, but does not provide any additional allowance for sign size. Six square feet is aninappropriately sized sign for any sort of movie theater sign that is common in the industry. Section 11 -7 -8 is proposed to be amended as follows (text to be added is shown in bold italic): I1 -7 -8: ENTERTAINMENT SIGNS: Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. Due to the unique nature of a movie theater as a place of public assembly, the allowable area of a sign for a theater shall be limited to fifteen (15) square feet and the design shall be subject to design review. This amendment allows for movie theaters to be up to 15 sq. ft., which is more appropriate for a specialized use such as a theater. Similarly, a bowling alley is a unique use, which also needs special consideration. As a result, the following section is proposed to be added (text to be added is shown in bold italic): 11 -7 -15: BOWLING ALLEY SIGNS: The allowable area of a business sign for a bowling alley shall be fifteen (15) square feet. C. Public Parking on Private Property Unlike many other projects in Vail Village, Solaris will be providing a significant amount of parking available to the public. As a result, there are special circumstances related to this project that necessitate vehicular- oriented signage, identifying that public parking is available. Currently, the Sign Regulations is silent to this sort of signage, instead only allowing for limited signage for "Traffic Control Signs" which are defined as: TRAFFIC CONTROL SIGN (For Private Property): A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. Chapter 11 -7: Other Signs, is proposed to be amended to add the following section (text to be added is shown in bold italic): 11 -7 -15: Public Parking and Loading Signs for Private Property: A. Description: A public parking sign is permitted for private property which provides a minimum of 25 parking spaces available to the public. These 25 spaces must be above and beyond the requirements of Chapter 12 -10 and shall be available to the general public. A public loading sign is permitted for private property which provides facilities for loading and delivery available to the public. 1. Size: For private property owners providing a minimum of 25 public parking spaces and up to 200 public parking spaces, a public parking sign shall not exceed ten (10) square feet. For private property owners providing more than 200 public parking spaces, a public parking sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. For private property owners providing access to loading and delivery bays to the public (i.e.. businesses other than those located in the building in which the facility is located), a public loading sign shall not exceed fifteen (15) square feet, unless the Town of Vail determines that larger signage is appropriate, subject to design review. Solaris Sign Regulations Amendment 3 2. Number: A maximum total of two (2) signs permitted per entrance to the facility. Additional signage may be permitted, subject to Design Review. 3. Height, Design, Lighting, and Landscaping: Subject to Design Review. 4. Location: Subject to Design Review, but may be permitted in the Town's Right -of -Way, subject to approval by the Town Engineer. 5. Special Provisions: a. May be either freestanding or wall- mounted. b. May identify the owner or the project name and logo, up to fifty (50) percent of the total sign area. c. May be a variable message sign, indicating status or availability of parking spaces and /or loading bays, subject to Design Review. Allowing for additional signage for property owners who provide significant amounts of public parking is an important benefit to the Town. These signs need to be visible to direct people in vehicles, and therefore need to be larger than the typical 6 ft. pedestrian sign. II. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the sign code. For the purposes of this application, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 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. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 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. Z 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. Solaris Sign Regulations Amendment 4 I 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. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community, such as protecting economic values, enhancing the appearance of Vail, and providing for the growth of an orderly and viable community. Specifically, this text amendment will enhance the Town's established character of a resort and residential community of high quality. In addition to the purpose statements of the Zoning Regulations, Title 11 -1 -2, Sign Regulations, also provides the purpose statements of the Sign Regulations. 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. The proposed text amendment also furthers the purpose statements of the Vail Sign Regulations. Each of the purpose statements is clearly enhanced by the proposed amendment. 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 Our Analysis: There are no adopted goals, objectives, or policies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: 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. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. Solaris Sign Regulations Amendment 5 t. Policy 1.3.1: Public improvements shall be developed with the participation of the private sector working with the Town. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A 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. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 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. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Objective 2.7: Encourage the development of multi-use special events venues and infrastructure (i.e., publicly accessible restrooms, power and utilities, etc.) within Vail Village in cooperation with the private sector. Policy 2.7.1: The development of new special event venues and improvements to existing venues shall be strongly encouraged to reinforce the important role that special events play in the promoting a year -round economy in Vail Village. As the above goals, objectives, and policies indicate, the Town recognizes the importance of successful commercial uses in Vail Village and has structured its policies and regulations to reflect this. 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 Our Analysis: The existing regulation which limits the size of signs on all levels other than the first level is clearly in error. Businesses and signs on the first level of a structure are clearly the most visible to pedestrians. Four square feet is inadequate to serve the needs of the retailers on the promenade level, and this should be increased to six (6) square feet. It also provides consistency and fairness for commercial uses. The code is also in error because it did not anticipate the existence of a second floor promenade type retail experience in Vail. Solaris Sign Regulations Amendment 6 In addition, due to the unique nature of movie theaters and bowling alleys, a larger business identification sign for these uses is necessary. Because a movie theater needs to be identifiable to a large mass of people, a larger sign is appropriate. Finally, it is uncommon for a private property owner to provide significant amounts of public parking, and as a result, the regulations clearly do not apply to this sort of use. The proposed regulations is intended to serve a public purpose by directing vehicles into publicly available parking spaces. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: This amendment is limited to upper level businesses that are also on a pedestrian promenade. This was done specifically to limit the amendment to businesses that rely on walk -by pedestrian traffic for success. For example, an office that was located on a second story would not be allowed a larger sign unless on a pedestrian promenade, because they do not rely on pedestrian visibility, and are instead more of a destination. The theater, bowling alley, and public parking are important benefits to the Town, and the proposed amendments are key to providing locational information to the public. As a result, the proposed amendment is consistent with municipal development objectives, and provides for a harmonious, convenient, and workable relationship among the Sign Regulations. S. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Solaris Sign Regulations Amendment 7