HomeMy WebLinkAboutPEC100051 Pianning and Envirc�nmental �Co�nr��sson
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Project Name: CONDITIONAL USE PERMIT PEC Number: PEC100051
Project Description:
CONDITIONAL USE PERMIT FOR A BEAUIY & BARBER SHOP AT THE RITZ-CARLTON
RESIDENCES
Participants:
OWNER RCR LLC 11/16/2010
PO BOX 959
AVON
CO 81620
APPLICANT MAURIELLO PLANNING GROUP, LL 11/16/2010 Phone: 970-748-0920
PO BOX 1127
AVON
CO 81620
License: C000001697
Project Address: 728 W LIONSHEAD CR VAIL Location: RITZ CARLTON
Legal Description: Lot: 2 Block: Subdivision: WEST DAY SUBDIVISION
Parcel Number: 2101-072-1700-2
Comments: See conditions
BOARD/STAFF ACTION
Motion By: Viele Action: APPROVED
Second By: Kurz
Vote: 7-0-0 Date of Approval: 12/13/2010
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).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0011736
This conditional use permit approval is contingent upon the adoption of the
prescribed regulations amendments modifying the conditional use permit use specific
criteria for beauty and barber shops through the adoption of an ordinance by the
Vail Town Council.
Planner: Warren Campbell PEC Fee Paid: $650.00
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 18, 2011
ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2011, an ordinance amending
Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to allow for"beauty and barber shops with
exterior frontage on a public way, street, or walkway" as a conditional use outside of the
Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian
mall within the Lionshead Mixed Use 1 and 2 zone districts as defined by the Lionshead
Redevelopment Master Plan, and setting forth details in regard thereto. (PEC100051 and
0053)
PRESENTER(S): Warren Campbell; Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny the second reading of Ordinance No. 1, Series of 2011.
BACKGROUND: On December 13, 2010, the Planning and Environmental Commission held
a public hearing to discuss the proposed amendments to the Town's zoning regulations and a
conditional use permit application to allow for a "beauty and barber shop" within the Ritz-
Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning
regulation amendments to the Vail Town Council. Additionally, the Commission approved the
conditional use permit request for a beauty and barber shop in the Ritz-Carlton, on the
condition that the ordinance amending the regulations regarding the ability for the land use to
have exterior frontage on a public way, street. or walkway was adopted by the Town Council.
On January 4, 2010, the Vail Town Council approved the first reading of Ordinance No. 1,
Series of 2011, by unanimous vote. Staff was directed to examine the current definition of
beauty and barber shops and bring forward amendments which would address the differences
between a beauty and barber shop.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 1, Series of 2011, on second reading.
ATTACHMENTS:
Ordinance No. l, Series of 201 l, Second Reading
_ _ _
http://192.168.2.224/Intranet/Bluesheet.aspx?ItemID=1732&MeetingID=156 1/13/2011
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ORDINANCE NO. 1
Series of 2011
AN ORDINANCE AMENDING SECTIONS 12-2-2, DEFINITIONS OF WORDS AND TERMS,AND
12-16-7(A)(2), USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW
FOR BEAUTY AND BARBER SHOPS WITH EXTERIOR FRONTAGE ON A PUBLIC WAY,
STREET, OR WALKWAY AS A CONDITIONAL USE OUTSIDE OF THE COMMERCIAL CORE 1
AND 2 ZONE DISTRICTS AND OUTSIDE OF THE PRIMARY AND SECONDARY PEDESTRIAN
MALL WITHIN THE LIONSHEAD MIXED USE 1 AND 2 ZONE DISTRICTS AS DEFINED BY THE
LIONSHEAD REDEVELOPMENT MASTER PLAN,AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations estabiishing beauty and
barber shops as allowable first floor or street level conditional uses so long as they do not have any
exterior frontage on any public way, street,walkway, alley or mall area within the Commercial Core 1
and 2 zone districts; and,
WHEREAS,the Town adopted the Lionshead Redevelopment Master Plan on December 15,
1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the
Master Plan; and,
WHEREAS,the Town rezoned numerous properties from Commercial Core 2 zone district to
Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty
and barber shops on the first floor and street level; and,
WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and
barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous
properties to Lionshead Mixed Use 1 and 2; and,
WHEREAS, beauty and barber shops remain a conditional use in the Lionshead Mixed Use
1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian
mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon
established criteria for their appropriateness; and,
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on December 13, 2010 on the application to amend the Town's Zoning 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 of the request to amend
the Town's Zoning Regulations; and,
WHEREAS,the Vail Town Council finds and determines that the amendment to the Town's
Zoning 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
Zoning Regulations furthers the general and specific purposes of the sign regulations; and,
Ordinance No. 1,Series of 2011,second reading �
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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 estabiished 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 12-2-2, Definitions of Words and Terms, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in �+I�k►, text that is to be added is
bold, and sections of text that are not amended have been omitted):
�#9R� BEAUTY AND BARBER SHOPS: A facility where one or more
persons engage in barbering or the practice of cosmetology, including hair,
nail or a�d skin care.
SECTION 2. Section 12-16-7(A)(2), Use Specific Criteria and Standards,Vail Town Code,
is hereby amended in part as follows (text to be deleted is in c4riLo4hr�i,..h, text that is to be
added is bold, and sections of text that are not amended have been omitted):
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone districts beauty and barber shops shall have no �!e exterior
frontage on any public way, street, walkway, or mall area. +���e'�ed. Within the
Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districfs beaufy and
barber shops shall have no exterior fronfage on any primary or secondary
pedestrian mall as defined by the Lionshead Redevelopmenf Master Plan.
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.
Ordinance No. 1,Series of 2011,second reading 2
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SECTION 6. Ail 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�h day of January, 2011 and a
public hearing for second reading of this Ordinance set for the 18th day of January, 2011 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
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 18`h day of January, 2011.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 1,Series of 2011,second reading 3
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BARBER AND COSMETOLOGIST ACT
Title 12
Professions and Occupations
Article 8
Barbers and Cosmetologists
Effective July 1, 2006
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than 200 sections of C.R.S. (please see§2-5-118, C.R.S.).
LexisNexis Group customer support can be reached at 1-800-543-6862.
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BARBER AND COSMETOLOGIST ACT
Table of Contents
12-8-101. Short title.......................................................................................................................................1
12-8-102. Legislative declaration..................................................................................................................1
12-8-103. Definitions.....................................................................................................................................1
12-8-104. State board of barbers and cosmetologists. (Repealed)..............................................................3
12-8-105.Administrator-assistants. (Repealed).........................................................................................3
12-8-106. Meetings-quorum -rules. (Repealed).........................................................................................3
12-8-107. Books and records-report-publications.....................................................................................3
12-8-108. Powers and duties of the director-advisory committee-rules-repeal......................................3
12-8-109. Rules and orders adopted by the state board of barbers and cosmetologists under previous law
-persons licensed or registered under previous law.................................................................5
12-8-110. Examinations................................................................................................................................5
12-8-111.Application-form..........................................................................................................................5
12-8-112. Results of examinations. ..............................................................................................................5
12-8-113. When the director admits applicant..............................................................................................5
12-8-114. Qualifications of applicants-requirements. .................................................................................6
12-8-114.5. Registration for places of business. (Repealed)........................................................................6
12-8-115. Renewal and reinstatement of license. ........................................................................................6
12-8-116. Fees..............................................................................................................................................6
12-8-117. Disposition of fees. .......................................................................................................................7
12-8-118. Licensure by endorsement...........................................................................................................7
12-8-119. Issuance of license-display.........................................................................................................7
12-8-120. License required...........................................................................................................................7
12-8-121. Exemptions...................................................................................................................................7
12-8-122. Director may employ aid -compensation.....................................................................................8
12-8-123. Inspections....................................................................................................................................8
12-8-124.Approved educational program for barbers-requirements. (Repealed)......................................8
12-8-124.5. Instructors of barbering and cosmetology. (Repealed).............................................................8
12-8-125. License for beauty schooi-requirements. (Repealed).................................................................8
12-8-126. Beauty school operation. (Repealed)...........................................................................................8
12-8-127. Unauthorized practice-penalties.................................................................................................8
12-8-127.5. Cease and desist orders............................................................................................................8
12-8-128. Enforcement. ..............................................................................................................................10
12-8-129. Investigations..............................................................................................................................10
12-8-129.1. Immunity..................................................................................................................................10
12-8-130. Persons licensed or registered under previous law. (Repealed)................................................10
12-8-131. Disciplinary proceedings-administrative law judges-judicial review.......................................10
12-8-132. Grounds for denial, revocation, or suspension of license. .........................................................11
12-8-133. Repeal of article..........................................................................................................................11
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BARBER AND COSMETOLOGIST ACT
12-8-101. Short title.
This article shall be known and may be cited as the"Barber and Cosmetologist AcY'.
12-8-102. Legislative declaration.
The purpose of this article is to protect the public's health, safety, and welfare with respect to the
professional practice of barbers, hairstylists, cosmetologists, estheticians, and manicurists, and, therefore,
testing procedures and disciplinary actions are of the highest priority. Access of qualified professionals to
these professions shall not be unduly restricted. The director of the division of registrations in the
department of regulatory agencies is hereby directed to enforce this article to accomplish the purposes
set forth in this section.
12-8-103. Definitions.
As used in this article, unless the context othenvise requires:
(1)"Barber"means a person who engages in any of the practices of barbering.
(2) "Barbering" means any one or combination of the following practices when done upon the upper
part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental
ailments and when done for payment either directly or indirectly or when done without payment for the
public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or
treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical
appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders,
oils, clays, or lotions to the scalp, face, neck, or shoulders.
(3) "Barber school" means an establishment operated by a person for the purpose of teaching
barbering that is certified by the private occupational school division or the Colorado community college
system, or is an accredited technical school that teaches barbering.
(4)" rbershop"or"beauty salon" means a fixed establishment, temporary location, or place in which
one or more persons engage in e p actice of barbering or cosmetology. The term "temporary location"
includes a motor home as defined in section 42-1-102(57), C.R.S.
(5) "Beauty school" means an establishment operated by a person for the purpose of teaching
cosmetologists, estheticians, and manicurists that is certified by the private occupational school division
or the Colorado community college system, or is an accredited technical school that teaches
cosmetology.
(6)Repealed.
(7)(Deleted by amendment, L.2005, p. 560, §2, effective July 1, 2005.)
(8)"CosmetologisY'means a person who engages in any of the practices of cosmetology.
(9)"Cosmetology"means any one act or practice, or any combination of acts or practices,when done
for payment either directly or indirectly or when done without payment for the public generally, usually
performed by and included in or known as the profession of beauty culturists, beauty operators,
beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation,
or other legal entity holding itself out as practicing cosmetology by whatever designation and within the
meaning of this article. In particular, "cosmetology" includes, but is not limited to, any one or a
combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting,
singeing, bleaching, coloring, or similar work upon the hair of any person by any means and, with hands
or mechanical or electrical apparatus or appliances or by the use of cosmetic or chemical preparations,
manicuring or pedicuring the nails of any person; giving facials, applying makeup, giving skin care, or
applying eyelashes involving physical contact with any person; beautifying the face, neck, arms, bust, or
torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams;
massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of
Effective July 1,2006 Page 1 of 11
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BARBER AND COSMETOLOGIST ACT
antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of any person by the use
of depilatories or waxing or by the use of tweezers; and the trimming of the beard.
(9.3) "Director" means the director of the division of registrations in the department of regulatory
agencies.
(9.4)"Esthetician" means any person who engages in any one or more of the following practices:
(a) Giving facials, applying makeup, giving skin care, or applying eyelashes, involving physical
contact, to any person;
(b) Beautifying the face, neck, arms, bust, or torso of the human body by the use of cosmetic
preparations, antiseptics,tonics, lotions, or creams;
(c) Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body by
means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics,
tonics, lotions, or creams;
(d) Removing superfluous hair from the body of any person by the use of depilatories or waxing or by
the use of tweezers.
(9.5) "Free lance shop operator" means an individual who engages in barbering, hairsryling, or
cosmetology or practices as an esthetician or manicurist at locations other than fixed or mobile
barbershops or beauty shops.
(9.7) "Hairsryling" means providing one or more of the following hair care services upon the upper
part of the human body for cosmetic purposes for payment either directly or indirectly, or when done
without payment for the public generally:
(a) Cleansing, massaging, or stimulating the scalp with oils, creams, lotions, or other cosmetic or
chemical preparations, using the hands or with manual, mechanical, or electrical impiements or
appliances;
(b) Applying cosmetic or chemical preparations, antiseptics, powders, oils, clays, or lotions to the
scalp;
(c)Cutting, arranging, braiding, applying hair extensions to, or styling the hair by any means using the
hands or with manual, mechanical, or electrical implements or appliances;
(d) Cleansing, coloring, lightening, waving, or straightening the hair with cosmetic or chemical
preparations, using manual, mechanical, or electrical implements or appliances;
(e)Trimming the beard.
(9.8)"HairstylisY'means a person who engages in any of the practices of hairstyling.
(10) Repealed.
(10.5)"Manicuring" means any one act or practice, or combination of acts or practices,when done for
direct or indirect payment or when done without payment for the public generally. "Manicuring" includes,
but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering,
building, pushing, or trimming of nails or any other similar work upon the nails of any person by any
means, including the softening of the hands, arms, ankles, or feet of any person by use of hands,
mechanical or electrical apparatus or appliances, cosmetic or chemical preparations, antiseptics, lotions,
or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or
ankles of any person. Manicuring also includes waxing or the use of depilatories on the leg up to the
knee, and the waxing or the use of depilatories on the arm up to the elbow.
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BARBER AND COSMETOLOGIST ACT
(11) "ManicurisY' means a person who engages in the limited practices of cosmetology known as
manicuring. Unless otherwise licensed under this article, a manicurist shali not engage in the practice of
cosmetology, barbering, or hairstyling or practice as an esthetician.
(12)"Owner" includes any person who has a financial interest in a barbershop or beauty salon or any
other place of business entitling such person to participate in the promotion, management, or proceeds
thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place
of business entitles such person only to reasonable salary or wages for services actually rendered. The
owner of a place of business is the person responsible for registering such place of business with the
director.
(13) "Place of business" means a fixed establishment, temporary location, or place, including any
mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering,
hairstyling, or cosmetology or practice as a manicurist or an esthetician. The term "temporary location"
includes a motor home as defined in section 42-1-102(57), C.R.S.
12-8-104. State board of barbers and cosmetologists.(Repealed)
12-8-105.Administrator-assistants.(Repealed)
12-8-106. Meetings-quorum-rules. (Repealed)
12-8-107. Books and records-report-publications.
(1)The director shall keep a record of proceedings.The director shall keep a register of applicants for
licenses showing the name and address of each applicant and whether such applicant was granted or
refused a license. The director shall keep a register of places of business showing each owner's name
and the address of each such place of business. The books and records of the director shall be prima
facie evidence of matters contained therein and shall constitute public records.
(2)Repealed.
(3) Publications of the director circulated in quantity outside the executive branch shall be issued in
accordance with the provisions of section 24-1-136, C.R.S.
12-8-108. Powers and duties of the director-advisory committee-rules-repeal.
(1)The director has the following powers and duties:
(a) To promulgate, in accordance with article 4 of title 24, C.R.S., such rules and regulations as are
necessary for the administration of this article;
(b)To revoke, suspend, deny, or make probationary licenses upon proof of violation of the rules and
regulations established by the director or violation of the statutes of this state;
(c) To prescribe, with the approval of the department of public health and environment, such safery
and sanitary rules as the director may deem necessary to protect the health and safety of the public and
of employees;
(d) To supervise and regulate the industries of barbering, hairstyling, and cosmetology and the
practices of estheticians and manicurists of this state in accordance with this article, but nothing
contained in this article shall be construed to abrogate the status, force, or operation of any provisions of
any public health law of this state or any local health ordinance or regulation;
(e) To establish criteria for applicant eligibiliry for examination and to establish procedures for the
registration of places of business;
(fl (I) To investigate upon his or her own initiative or upon receiving a complaint all suspected or
alleged violations of this article, unless the director or his or her designee determines that a complaint or
Effective July 1,2006 Page 3 of 11
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BARBER AND COSMETOLOGIST ACT
alleged violation is without merit, and to enter premises in which viotations are alleged to have occurred
during business hours.
(II) The director or an administrative law judge shall have the power to administer oaths, take
affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the
production of all relevant papers, books, records, documentary evidence, and materials in any hearing,
investigation, accusation, or other matter coming before the director pursuant to this article. The director
may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take
evidence and to make findings and report them to the director.
(III) Upon failure of any witness to comply with such subpoena or process, the district court of the
county in which the subpoenaed person or licensee resides or conducts business, upon application by the
board or director with notice to the subpoenaed person or licensee, may issue to the person or licensee
an order requiring that person or licensee to appear before the director; to produce the relevant papers,
books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter
under investigation or in question. Failure to obey the order of the court may be punished by the court as
a contempt of court.
(g) By and through the attorney general of this state, to apply to a court of competent jurisdiction for
an order enjoining any act or practice which constitutes a violation of this article. Upon a showing to the
satisfaction of the court that a person is engaging or intends to engage in any such act or practice, an
injunction, temporary restraining order, or other appropriate order shall be granted by such court,
regardless of the existence of another remedy therefor. The requirements for notice, hearing, duration of
any injunction or temporary restraining order issued pursuant to this paragraph(g), or other similar matter
shall be in accordance with the Colorado rules of civil procedure.
(h) (I) To send letters of admonition. When a complaint or investigation discloses an instance of
misconduct that, in the opinion of the director, does not warrant formal action by the director but that
should not be dismissed as being without merit, a letter of admonition may be issued and sent, by
certified mail, to the licensee.
(II) When a letter of admonition is sent by the director, by certified mail, to a licensee, such licensee
shall be advised that he or she has the right to request in writing, within twenty days after receipt of the
letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon
which the letter of admonition is based.
(III) if the request for adjudication is timely made, the letter of admonition shall be deemed vacated
and the matter shall be processed by means of formal disciplinary proceedings.
(i)To issue cease and desist orders pursuant to section 12-8-127.5;
(j)To issue confidential letters of concern. When a complaint or investigation discloses an instance of
conduct that does not warrant formal action by the director and, in the opinion of the director, the
complaint should be dismissed, but the director has noticed indications of possible errant conduct by the
licensee or registrant that could lead to serious consequences if not corrected, a confidential letter of
concern may be issued and sent to the licensee or registrant.
(2) (a) The director shall appoint a five-member advisory committee to assist in the performance of
the director's duties. The advisory committee shall consist of at least three licensees who have expertise
in the area under review, a representative from a Colorado licensed school that provides training for
licensees in the industry, and a member of the public. Members of the advisory committee shall be
compensated for their services in accordance with the provisions of section 2434-102 (13), C.R.S. The
advisory committee shal� meet at least four times a year and prior to the adoption of rules, and at the
request of the director.
(b) This subsection (2) is repealed, effective July 1, 2015. Prior to such repeal, the advisory
committee shall be reviewed as provided for in section 2-3-1203, C.R.S.
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BARBER AND COSMETOLOGIST ACT
12-8-109. Rules and orders adopted by the state board of barbers and cosmetologists under
previous law-persons licensed or registered under previous law.
(1) All rules, regulations, rates, orders, and awards of the state board of barbers and cosmetologists
lawfully adopted prior to July 1, 2000, shall continue to be effective until revised, amended, repealed, or
nullified pursuant to law.
(2) All licenses issued by the state board of barbers and cosmetologists to practice barbering or
cosmetology prior to July 1, 2000, shall remain valid and shall be subject to renewal by the director
pursuant to section 12-8-115.
12-8-110. Examinations.
(1) For the benefit of applicants, the director shall hold examinations as often as necessary, subject to
appropriation constraints.
(2) The respective examinations of applicants for licenses to practice barbering, hairstyling, or
cosmetology under this article shall be conducted under rules prescribed by the director and shall include
practical demonstrations,written tests in reference to the practices to which a license is applied, and such
related studies or subjects as the director may determine necessary for the proper and efficient
performance of such practices, and such examinations shall not be confined to any specific system or
method. The practical demonstrations shall be conducted under conditions that are as similar to actual
operating conditions as possible. The director is authorized to rent adequate facilities in which to hold
such examinations.
(3) Such examinations shall be consistent with the practical and theoretical requirements of the
practices of barbering, hairstyling, cosmetology, manicurist services, or esthetician services as provided
by this article, and such examinations shall be reviewed, revised, and updated periodically on a
reasonable basis by the director in consultation with the advisory committee created pursuant to section
12-8-108. Examinations shall be graded promptly, and the results of the examinations shall be made
available to the applicants promptly.The examination shall emphasize health and safety issues.
(4)The director shall offer a separate and complete testing station and facility for each applicant, and
no oral examination shall be given in connection with practical demonstrations.
(5) No person shall be permitted to examine applicants in any of the practical portions for barbers,
hairstylists, cosmetologists, cosmeticians, or manicurists in which said person has not had practical
experience and received a license as provided in this article.
(6)Repealed.
12-8-111.Application-form.
(1) Each applicant for examination shall file with the director, or the director's designee, a written
application in such form as the director may require to set forth the qualifications of the applicant and shall
submit satisfactory proof of the required age and education.
(2) Each applicant for registration shall file with the director, or the director's designee, a written
application in such form as the director may require pursuant to section 12-8-114.5.
(3)All fees for examinations, registrations, and licenses shall be paid in advance, except as otherwise
provided in this a�ticle.
12-8-112. Results of examinations.
The results of examinations and the qualifications of applicants for admission to such examinations or
for licenses shall be determined by the director or by such person as the director shall designate.
12-8-113.When the director admits applicant.
Effective July 1, 2006 Page 5 of 11
BARBER AND COSMETOLOGIST ACT
if the director finds that the applicant meets the qualifications of sections 12-8-111 and 12-8-114 and
has submitted any other credentials required by the director for admission to the examination and has
paid the required fee,the director shall admit such applicant to examination.
12-8-114. Qualifications of applicants-requirements.
(1) An applicant for any license provided in this article or for examination shall be at least sixteen
years of age.
(2) An applicant for examination shall furnish proof of graduation from a barber school or beaury
school approved by the private occupational school division pursuant to article 59 of this title and part 7 of
article 60 of title 23, C.R.S.; approved by the state board for community colleges and occupational
education pursuant to article 60 of title 23, C.R.S.; or, if the school is located in another state or country,
approved by the governmental agency responsible for approving such schools in that state or country.
The applicant shall also furnish proof that the applicant has successfully completed educational
requirements equal to those set by the director. If the applicant has graduated from a school located
outside Colorado, the applicant shall furnish proof that the applicant has successfully completed
educational requirements substantially equal to those set by the director.
(3)An applicant for examination shall furnish proof of training of not less than the number of hours of
course completion in the subject area in which the applicant seeks licensure as follows:
(a)Sixry credit hours for a cosmetologist;
(b)Fifty credit hours for a barber;
(c)Twenty credit hours for an esthetician;
(d)Twenty credit hours for a manicurist;
(e)Forty credit hours for a hairstylist.
(4) Every person desiring to obtain a license to practice the occupation of a barber, cosmetologist,
esthetician, hairstylist, or manicurist in this state shall apply therefor and pay to the director an
examination fee. Applicants who successfully pass such examination and who otherwise qualify shall be
issued a license upon the payment of the required fee.
(5) Notwithstanding any law to the contrary, no examinations for a hairstylist license and no hairstylist
licenses shall be issued until on or after January 15, 2001.
12-8-114.5. Registration for places of business. (Repealed)
12-8-115. Renewal and reinstatement of license.
All licenses shall expire pursuant to a schedule established by the director and shall be renewed or
reinstated pursuant to section 24-34-102 (8), C.R.S. The director may establish renewal fees and
delinquency fees for reinstatement pursuant to section 24-34-105, C.R.S. If a person fails to renew his or
her license pursuant to the schedule established by the director of the division of registrations, such
license shall expire. Any person whose license has expired shall be subject to the penalties provided in
this article or section 24-34-102(8), C.R.S.
12-8-116. Fees.
(1)Fees shall be as established pursuant to section 24-34-105, C.R.S.
(2)No fees shall be refunded.
(3)The executive director of the department of regulatory agencies shall determine the length of time
for licensing periods and for license renewal periods, not to exceed three years.
Effective July 1,2006 Page 6 of 11
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BARBER AND COSMETOLOGIST ACT
12-8-117. Disposition of fees.
All fees shall be collected by the director and transmitted to the state treasurer, who shall credit the
same pursuant to section 24-34-105, C.R.S., and the general assembly shall make annual appropriations
pursuant to said section for expenditures of the director incurred in the performance of the director's
duties under this article,which expenditures shall be made out of such appropriations upon vouchers and
warrants drawn pursuant to law.
12-8-118. Licensure by endorsement.
(1) The director shall issue a license by endorsement to engage in the practice of barbering,
cosmetology, hairstyling, manicuring, or esthetician services in this state to an individual who possesses
an active license in good standing to practice in that profession in another state or territory of the United
States or in a foreign country if the applicant presents proof that is satisfactory to the director, that the
applicant:
(a) Possesses a valid license from another state or jurisdiction that is substantially equivalent to the
requirements in Colorado for licensure and meets all other requirements for licensure pursuant to this
article. The director may specify by rule what shall constitute substantially equivalent licensure and
qualifications;and
(b)Has paid the prescribed licensure fees.
12-8-119. Issuance of license-display.
If an applicant for examination to practice barbering, hairstyling, or cosmetology or to provide
esthetician or manicurist services passes such examination and has paid the required fee and complies
with the requirements of this article, the director shall issue a license to that effect. Such license shall be
evidence that the person to whom it is issued is entitled to engage in the practices, occupation, or
occupations stipulated therein. Such license shall be conspicuously displayed in such licensee's principal
office or place of business or employment.
12-8-120. License required.
It is unlawful for any person to engage in, or attempt to engage in, the occupation of barbering,
hairstyling, or cosmetology or to provide esthetician or manicurist services in this state unless such
person first obtains a license as provided in this article.
12-8-121. Exemptions.
(1)Nothing in this article shall prohibit services by:
(a) Persons authorized under the laws of this state to practice medicine, surgery, dentistry, podiatry,
osteopathy, or chiropractic nor services by employees, agents, or volunteers of a health care facility when
performing duties incidental to patient care;
(b) Licensed or unlicensed volunteers in the performance of charitable services for washing and
setting the hair of:
(I) Patients confined to hospitals or nursing, convalescent, or boarding homes;
(II) Persons confined to their homes by reason of age, physical or mental infirmity, or physical
disabiliry;
(c)Therapists permitted to practice their occupations under the laws of this state;
(d) A student of a barbering, hairstyling, or cosmetology school or of esthetician or manicurist
services who has received more than twenry percent of the hours of instruction required in section 12-8-
114 (3) and who is rendering services at such school under supervision of a licensee within the school
setting.
Effective July 1,2006 Page 7 of 11
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BARBER AND COSMETOLOGIST ACT
(2)and (3)Repealed.
(4) Lectures and demonstrations on beauty culture, hairdressing, and the use of beauty preparations
in retail stores performed without compensation shall not constitute the practice of cosmetology, and
nothing in this artic►e shall prevent the giving of such lectures to and demonstrations on any person in
retail stores.
12-8-122. Director may employ aid -compensation.
The director may employ any person licensed pursuant to this article for the purpose of conducting
examinations. Such persons shall not be connected with any school teaching barbering, hairstyling, or
cosmetology or esthetician or manicurist students. Any person so employed by the director may receive
compensation for services for each day employed in the actual discharge of such person's official duties
and actual and necessary expenses incurred, to be set by the director upon the approval of the executive
director of the department of regulatory agencies.
12-8-123. I nspections.
Upon written complaint, inspections under section 12-8-108 (1) (� of barbershops, beauty salons,
places of business, and booths rented therein operated by independent licensees may be conducted by
the director, or the director may contract for such inspections. The director shall maintain detailed records
of all complaints and responses to such complaints.
12-8-124.Approved educational program for barbers-requirements. (Repealed)
12-8-124.5. Instructors of barbering and cosmetology.(Repealed)
12-8-125. License for beauty school-requirements. (Repealed)
12-8-126. Beauty school operation.(Repealed)
12-8-127. Unauthorized practice-penalties.
(1) Any person who practices or offers or attempts to practice barbering, hairstyling, esthetics,
manicuring, or cosmetology without an active license issued under this article commits a class 2
misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and,
for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as
provided in section 18-1.3-401, C.R.S.
(2) In addition to any other penalty, any person who violates the provisions of this article or the rules
and regulations of the director promulgated under this article may be penalized by the director upon a
finding of a violation pursuant to article 4 of title 24, C.R.S., as follows:
(a) In the first administrative proceeding against any person, a fine of not less than one hundred
dollars but not more than five hundred dollars per day per violation;
(b) In any subsequent administrative proceeding against any person for transactions occurring after a
final agency action determining that a violation of this article has occurred, a fine of not less than one
thousand dollars but not more than two thousand dollars per day per violation.
(3)Repealed.
(4) All fines collected pursuant to this article shall be transferred to the state treasurer, who shall
credit such moneys to the general fund.
12-8-127.5. Cease and desist orders.
(1)(a) If it appears to the director, based upon credible evidence as presented in a written complaint
by any person, that a licensee or registrant is acting in a manner that is an imminent threat to the health
and safety of the public, or a person is acting or has acted without the required license or registration, the
Effective July 1,2006 Page 8 of 11
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BARBER AND COSMETOLOGIST ACT
director may issue an order to cease and desist such activiry. The order shail set forth the statutes and
rules alleged to have been violated, the facts alleged to have constituted the violation, and the
requirement that all unlawful acts or unlicensed or unregistered practices immediately cease.
(b) Within ten days after service of the order to cease and desist pursuant to paragraph (a) of this
subsection (1), the respondent may request a hearing on the question of whether acts or practices in
violation of this article have occurred. Such hearing shall be conducted pursuant to sections 24-4-104 and
24-4-105, C.R.S.
(2)(a) If it appears to the director, based upon credible evidence as presented in a written complaint
by any person, that a person has violated any other portion of this article, then, in addition to any specific
powers granted pursuant to this article, the director may issue to such person an order to show cause as
to why the director should not issue a final order directing such person to cease and desist from the
unlawful act or unlicensed or unregistered practice.
(b)A person against whom an order to show cause has been issued pursuant to paragraph (a)of this
subsection (2) shall be promptly notified by the director of the issuance of the order, along with a copy of
the order, the factual and legal basis for the order, and the date set by the director for a hearing on the
order. Such notice may be served by personal service, by first-class United States mail, postage prepaid,
or as may be practicable upon any person against whom such order is issued. Personal service or
mailing of an order or document pursuant to this subsection (2) shall constitute notice thereof to the
person.
(c) (I) The hearing on an order to show cause shall be commenced no sooner than ten and no later
than forty-five calendar days after the date of transmission or service of the notification by the director as
provided in paragraph (b) of this subsection (2). The hearing may be continued by agreement of all
parties based upon the complexity of the matter, number of parties to the matter, and legal issues
presented in the matter, but in no event shall the hearing commence later than sixty calendar days after
the date of transmission or service of the notification.
(II) If a person against whom an order to show cause has been issued pursuant to paragraph (a) of
this subsection(2)does not appear at the hearing, the director may present evidence that notification was
properly sent or served upon such person pursuant to paragraph (b)of this subsection (2)and such other
evidence related to the matter as the director deems appropriate. The director shall issue the order within
ten days after the director's determination related to reasonable attempts to notify the respondent, and the
order shall become final as to that person by operation of law. Such hearing shall be conducted pursuant
to sections 24-4-104 and 24-4-105, C.R.S.
(III) If the director reasonably finds that the person against whom the order to show cause was issued
is acting or has acted without the required license or registration, or has or is about to engage in acts or
practices constituting violations of this article, a final cease and desist order may be issued, directing such
person to cease and desist from further unlawful acts or unlicensed or unregistered practices.
(IV)The director shall provide notice, in the manner set forth in paragraph(b)of this subsection(2), of
the final cease and desist order within ten calendar days after the hearing conducted pursuant to this
paragraph (c) to each person against whom the final order has been issued. The final order issued
pursuant to subparagraph (III) of this paragraph (c) shall be effective when issued and shall be a final
order for purposes of judicial review.
(3) If it appears to the director, based upon credible evidence presented to the director, that a person
has engaged in or is about to engage in any unlicensed or unregistered act or practice, any act or
practice constituting a violation of this article, any rule promulgated pursuant to this article, any order
issued pursuant to this article, or any act or practice constituting grounds for administrative sanction
pursuant to this article, the director may enter into a stipulation with such person.
(4) If any person fails to comply with a final cease and desist order or a stipulation, the director may
request the attorney general or the district attorney for the judicial district in which the alleged violation
Effective July 1, 2006 Page 9 of 11
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BARBER AND COSMETOLOGIST ACT
exists to bring, and if so requested such attorney shall bring, suit for a temporary restraining order and for
injunctive relief to prevent any further or continued violation of the final order.
(5)A person aggrieved by the final cease and desist order may seek judicial review of the director's
determination or of the director's final order as provided in section 12-8-131 (7).
12-8-128. Enforcement.
It is the duty of the district attorneys of each judicial district of this state and the attorney general of
this state to prosecute all persons charged with the violation of any of the provisions of this article. It is the
duty of the director to aid said attorneys in the enforcement of this article.
12-8-129. I nvestigations.
The practice and procedure of the director with respect to any investigation by the director authorized
by this article shall be in accordance with rules and regulations promulgated by the director, which rules
and regulations shall provide for, but need not be limited to, investigation powers, including the right to
enter the premises of any place of business registered or subject to registration under this article at any
time said business is open or has members of the public present on the premises.
12-8-129.1. I m m u n i ty.
The director, the director's staff, any person acting as a witness or consultant to the director, any
witness testifying in a proceeding authorized under this article, and any person who lodges a complaint
pursuant to this article shall be immune from liability in any civil action brought against him or her for acts
occurring while acting in his or her capacity as director, staff, consultant, or witness, respectively, if such
individual was acting in good faith within the scope of his or her respective capacity, made a reasonable
effort to obtain the facts of the matter as to which he or she acted, and acted in the reasonable belief that
the action taken by him or her was warranted by the facts. Any person participating in good faith in
lodging a complaint or participating in any investigative or administrative proceeding pursuant to this
article shall be immune from any civil or criminal liability that may result from such participation.
12-8-130. Persons licensed or registered under previous law.(Repealed)
12-8-131. Disciplinary proceedings-administrative law judges-judicial review.
(1) The director may, through the department of regulatory agencies, employ administrative law
judges to conduct hearings as provided by this section or on any matter within the director's jurisdiction
upon such conditions and terms as the director may determine.
(2) A proceeding for discipline of a licensee shall be commenced when the director has reasonable
grounds to believe that a licensee has committed acts which may violate the provisions of this article.
Such grounds may be established by an investigation begun by the director on the director's own motion
or by an investigation pursuant to a written complaint.
(3) Notice of the commencement of disciplinary proceedings pursuant to this section shall be given to
the licensee or applicant in the manner prescribed by section 24-4-105, C.R.S.
(4) Any hearing on the revocation or suspension of a license, or on the denial of an application for a
new license, or for renewal of a previously issued license shall be conducted by an administrative law
judge, and such administrative law judge shall be vested with all powers and authority prescribed by
article 4 of title 24, C.R.S.
(5) The administrative law judge shall make an initial decision, which shall include a statement of
findings and conclusions upon all the material issues of fact and law presented by the record and the
appropriate order, sanction, or relief. In the absence of an appeal to the director or a review upon motion
of the director within thirty days after service of the initial decision of the administrative law judge, the
initial decision shall become the decision of the director.
Effective July 1,2006 Page 10 of 11
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BARBER AND COSMETOLOGIST ACT
(6) Review by the director of the initial decision of the administrative law judge upon appeal or upon
the director's own motion shall be conducted in accordance with section 24-4-105, C.R.S. The findings of
fact made by the administrative law judge shall not be set aside by the director on review unless such
findings are contrary to the weight of the evidence. The director may remand the matter to the
administrative law judge for such further proceedings as the director may direct, or the director may
affirm, set aside, or modify the order, sanction, or relief entered, in conformity with the facts and the law.
Each decision shall be served as prescribed by section 24-4-105, C.R.S.
(7) Final action by the director may be judicially reviewed. The court of appeals shall have initial
jurisdiction to review all final actions and orders that are subject to judicial review. Such proceedings shall
be conducted in accordance with section 24-4-106(11), C.R.S.
(8) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of
the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action,
judgment, or prosecution.
12-8-132. Grounds for denial, revocation, or suspension of license.
(1) The director may deny, revoke, suspend, or make probationary any license issued under the
director's authority pursuant to this article upon proof that the licensee:
(a) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the
conviction of or such plea to any such crime, the director shall be governed by the provisions of section
24-5-101, C.R.S.
(b) Has made any misstatement on his or her application for licensure to practice as a barber,
hairsrylist, cosmetologist, esthetician, or manicurist;
(c) Is incompetent to practice a profession licensed under this article, which shall include performing
services outside of the person's area of training, experience, or competence;
(d) Excessively or habitually uses or abuses alcohol or controlled substances;
(e)Has violated any of the provisions of this article or any valid order of the director;
(fl Is guilty of unprofessional or dishonest conduct;
(g)Advertises by means of false or deceptive statement;
(h)Fails to display the license as provided in section 12-8-119;
(i) Fails to comply with the rules promulgated by the director as provided in section 12-8-108 (1) (a);
or
(j)Is guilry of willful misrepresentation.
12-8-133. Repeal of article.
This article is repealed, effective July 1, 2015. Prior to such repeal, the licensing functions of the
director shall be reviewed as provided for in section 24-34-104, C.R.S.
Effective July 1,2006 Page 11 of 11
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 4, 2011
ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2011, an ordinance amending
Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to allow for"beauty and barber shops with
exterior frontage on a public way, street, or walkway" as a conditional use outside of the
Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrain
mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead
Redevelopment Master Plan, and setting forth details in regard thereto. (PEC100051 and
0053)
PRESENTER(S): Warren Campbell; Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny the first reading of Ordinance No. 1, Series of 2011.
BACKGROUND: On December 13, 2010, the Planning and Environmental Commission held
a public hearing to discuss the proposed amendments to the Town's zoning regulations and a
conditional use permit application to allow for a "beauty and barber shop"within the Ritz-
Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning
regulation amendments to the Vail Town Council. Additionally, the Commission approved the
conditional use permit request for a beauty and barber shop in the Ritz-Carlton, on the
condition that the ordinance amending the regulations regarding the ability for the land use to
have exterior frontage on a public way, street. or walkway was adopted by the Town Council.
Staff has attached the memorandum to the Planning and Environmental Commission for
reference.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 1, Series of 2011, on first reading.
ATTACHMENTS:
Ordinance No. l, Series of 2011 First Reading Draft
Planning and Enviromental Commission Memoradum 121310
http://192.168.2.224/Agenda/Preview.aspx?ItemID=1706&MeetingID=110 12/29/2010
ORDINANCE NO. 1
Series of 2011
AN ORDINANCE AMENDING SECTION 12-16-7(A)(2), USE SPECIFIC CRITERIA AND
STANDARDS, VAIL TOWN CODE, TO ALLOW FOR BEAUTY AND BARBER SHOPS WITH
EXTERIOR FRONTAGE ON A PUBLIC WAY, STREET, OR WALKWAY AS A CONDITIONAL
USE OUTSIDE OF THE COMMERCIAL CORE 1 AND 2 ZONE DISTRICTS AND OUTSIDE OF
THE PRIMARY AND SECONDARY PEDESTRIAN MALL WITHIN THE LIONSHEAD MIXED USE
1 AND 2 ZONE DISTRICTS AS DEFINED BY THE LIONSHEAD REDEVELOPMENT MASTER
PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations establishing beauty and
barber shops as allowable first floor or street level conditional uses so long as they do not have any
exterior frontage on any public way,street,walkway, alley or mall area within the Commercial Core 1
and 2 zone districts; and,
WHEREAS,the Town adopted the Lionshead Redevelopment Master Plan on December 15,
1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the
Master Plan; and,
, ,
WHEREAS,the Town rezoned numerous properties from Commercial Core 2 zone district to
Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty
and barber shops on the first floor and street level; and,
WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and
barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous
properties to Lionshead Mixed Use 1 and 2; and,
WHEREAS, beauty and barber shops remain a conditional use in the Lionshead Mixed Use
1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian
mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon
established criteria for their appropriateness; and,
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on December 13, 2010 on the application to amend the Town's Zoning 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 of the request to amend
the Town's Zoning Regulations; and,
WHEREAS,the Vail Town Council finds and determines that the amendment to the Town's
Zoning 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
Zoning Regulations furthers the general and specific purposes of the sign regulations; and,
Ordinance No. 1,Series of 2011,first reading �
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general weifare 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 12-16-7(A)(2), Use Specific Criteria and Standards,Vail Town Code,
is hereby amended in part as follows (text to be deleted is in�+IFe�#�a�g#�, text that is to be
added is bold, and sections of text that are not amended have been omitted):
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone districts beaufy and barber shops shall have no �11e exterior
frontage on any public way, sfreet, walkway, ormall area. is-�er�ed. Within fhe
Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and
barber shops shall have no�exterior fronfage on any primary or secondary
pedestrian mall as defined by the Lionshead Redevelopment Master Plan.
SECTION 2. 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 3. 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 4. 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 5. 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.
Ordinance No. 1,Series of 2011,first reading 2
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of January, 2011 and a
public hearing for second reading of this Ordinance set for the 18th day of January, 2011 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. 1,Series of 2011,first reading 3
-
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 13, 2010
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section
12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to
Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to
develop criteria to allow for beauty and barber shops with exterior frontage on a
public way, street, walkway, or mall area, and a request for the review of a
conditional use permit, pursuant to Section 12-7H-3, Permitted And Conditional
Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber
shops, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and
setting forth details in regard thereto. (PEC100051 and PEC100053)
Applicant: RCR Vail, LLC, represented by the M auriello Planning Group, LLC
Planner: Warren Campbell
I. SUMMARY
The applicant RCR Vail, LLC, represented by the Mauriello Planning Group, LLC, is
requesting a recommendation to the Vail Town Council for prescribed regulations
amendments to Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town
Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a
public way, street, walkway, or mall area, and a request for the review of a conditional
use permit, pursuant to Section 12-7H-3, Permitted And Conditional Uses; First Floor Or
Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West
Lionshead Circle. Staff is recommending the Planning and Environmental Commission
forwards a recommendation of approval, with modifications of the applicanYs
proposed prescribed regulations amendment pursuant to Section V of the staff
memorandum. If policy amendments are recommended to Council that will permit
beauty and barber shops to be located within Lionshead Mixed Use 1 when not located
on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment
Master Plan staff is recommending approval, with a condition of a conditional use
permit located at 728 West Lionshead Circle pursuant to Section VI of the staff
memorandum.
11. DESCRIPTION OF REQUEST
A beauty shop would like to locate their business in the commercial space located in the
northeast corner of the Ritz-Carlton structure. The beauty shop is proposed to occupy a
space of approximately 786 square feet with approximately 500 square feet devoted to
greeting guest, waiting area, and retail. While the current application is the catalyst for
this application, the proposed amendments to Section 12-16-7(A)(2), Use Specific
Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and
barber shops with exterior frontage on a public way, street, walkway, or mall area need
to be reviewed with regard to their impact within the whole of Vail. The applicant is
1
proposing to amend Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail
Town Code, and is requesting a subsequent conditional use permit to allow for a beauty
shop with exterior frontage on a public way, street, walkway, or mall area.
The applicant is proposing to remove the single Use Specific Criteria and Standard
which is applied to beauty and barber shops in addition to the standard conditional use
permit review criteria. The applicant is suggesting that the standard conditional use
permit criteria are more than adequate to provide the ability for the Town's reviewing
authorities to select appropriate locations for this land use. The applicanYs proposed
regulation amendments are as follows: (text to be deleted is in �+���°��", text that is
to be added is bold, and sections of text that are not amended have been omitted):
Chapter 12-16: Conditional Uses
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
The following critena and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
. . , ,
, •
A copy of the applicanYs proposed text amendment and conditional use permit requests
have been attached for review(Attachments A and B).
Staff recommends that the proposed regulations be amended to maintain the intent of
the adopted language, but provide for greater focus on the portions of the village cores
that the existing regulation was believed to be addressing when adopted. Staff
recommends the prescribed regulation be amended as follows:
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
The following criteria and standards shal! be applicable to fhe uses listed below
in consideration of a conditional use permit. These criteria and standards sha!!be
in addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone disfricts beauty and barber shops shall have no Ale exterior
frontage on any public way, streef, walkway, or mall area. ;�-^°���. Within
the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts
beauty and barber shops shall have nof exterior frontage on any primary or
secondary pedestrian mall as defined by the Lionshead Redevelopment
Master Plan.
Additionally staff recommends deletion of the definition for barber shop within Chapter
12-2-2, Definitions of Words and Terms, Vail Town Code as there is a definition for
2
beauty and barber shops which identify the text used throughout the Zoning Code to
identify this land use. Having a separate definition for a barber shop solely has caused
confusion and is redundant.
Chapter 12-2-2: Definitions of Words and Terms (in part)
��TrcvE/ivt-ft7r. Yt-vvmmc-rn�•�,l o F•-,F�l' 1-�rrc�-�it 4ti���n m�r�i {�.r ic� fh
111. BACKGROUND
On February 19, 1981, an application to amend the Commercial Core 1 Zone District to
allow beauty and barber shops as a conditional use on the first floor or street level was
reviewed by the Planning and Environmental Commission. The application was the
result of a commerciat property owner desiring to locate a beauty salon on the first floor
of a structure on Bridge Street. The regulations identified beauty and barber shops on
any floor of a structure with the exception of the first floor or street level. The staff
memorandum identified that the restriction of beauty and barber shops to floors other
than the first floor was the result of the intent to limit the first floor to retail, tourist
oriented shops.
Two questions were considered during this application's review. Those were:
1) Was a beauty shop an appropriate use on street level in the CC1 Zone
District? Should there be a reconsideration of this and other issues regarding
horizontal zoning in both Cores?
2) Is there a difference in the impact and appropriateness of a use when one
differentiates between direct street frontage space and off-street, interior
space wifh no frontage?
The Planning and Environmental Commission recommended approval of changes to the
Commercial Core 1 Zone District to allow for beauty and barber shops on the first floor in
situations were the commercial space did not have exterior frontage on a major
pedestrian or vehicular way or public mall.
The Town Council subsequently adopted Ordinance No. 18, Series of 1981, which
allowed for beauty and barber shops as conditional uses on the first floor in Commercial
Core 1 and 2 so long as they do not have any exterior frontage on any public way,
street, walkway, alley or mall.
On June 22, 1998, The Planning and Environmental Commission forwarded a
recommendation on multiple Zoning Code amendments reorganizing the Conditional
Use chapter. The result of this recommendation was the adoption of Ordinance No. 10,
Series of 1998 which consolidated land use specific criteria for multiple listed conditional
uses into a single section of the Cod e which is the existing Section 12-16-7, Use Specific
Criteria and Standards, Vail Town Code.
IV. APPLICABLE DOCUMENTS
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Title 12, Zoninq Requlations, Vail Town Code
Chapter 12-1: Title, Purpose, Applicability (in part)
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance
its natural environment and its established character as a resort and residential
community of high quality.
8. Specific: These regulations are intended to achieve the follow ing more specific
purposes:
9. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulati on of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestr ian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriatefy 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 relafionship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance fhe appear ance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10.To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive fo desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
12-1-3:Applicability:
The regulations prescribed by this title app/icable to various districts and uses shall be
minimum regulations and shall apply uniformly to each class or kind of land, structure, or
use. Except as provided elsewhere in this title, the use of any land, the size or shape or
4
placement of/ots, the construction or location of structures, the provision of yards and
other open spaces, and the provision of off street parking and loading space shall be in
compliance with all of the regulations specified in this title.
Chapter 12-2-2: Definitions of Words and Terms (in part)
BARBERSHOP: A commercial establishment whose primary business is the cutting
and/or styling of human hair.
SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the
practice of cosmetology, including hair, nail and skin care.
Chapter 12-7H: Lionshead Mixed Use-1 (in part)
12-7H-1: Purpose:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-
family dwellings, lodges, hotels, fractional fee clubs, fimeshares, lodge dwelling units,
restaurants, offices, skier services, and commercial establishments in a clustered,
unified development. Lionshead mixed use 1 district, in accordance with the Lionshead
redevelopment master plan, is intended to ensure adequate light, air, open space and
other amenities appropriate to the permitted types of bui/dings and uses and to maintain
the desirable qualities of the zone disfrict by establishing appropriate site development
standards. This zone district is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incenfives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
increases in allowable gross residential floor area, building heighf, and density over the
previously established zoning in the Lionshead redevelopment masfer plan study area.
The primary goal of the incentives is to create economic conditions favorable to inducing
private redevelopment consistent with the Lionshead redevelopment master plan.
Additionally, the incentives are created to help finance public off site improvements
adjacent to redevelopment projects. With any development/redevelopment proposal
taking advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopmenf, public art, roadway improvements, and similar improvements.
12-7H-3:Permitted and Conditional Uses; First Floor or Street Level:
A. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
Banks, with walk-up te/ler facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retai!stores and establishments.
Skier ticketing, ski school and skier services.
5
Travel and ticket agencies.
Additional uses determined to be similar to pe�mitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
8. Conditional Uses: The following uses shall be permitted on the first floor or street level
floor within a structure, subject to issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other fhan banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge
dwelling units.
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
Chapter 12-16: Conditional Uses Permits (in part)
Secfion 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditronal uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve tf►ese objectives, applications for conditional use permits shall be denied.
12-16-5: Planning and Environmental Commission Action:
A. Possible Range OfAction: �thin thirty(30) days of the application for a public
hearing on a conditiona! use permit, the planning and environmental commission shall
act on the application. The commission may approve the application as submitted or
may approve the application subject to such modifications or conditions as it deems
necessary to accomplish the purposes of this title, or the commission may deny the
application. A conditional use permit may be revocable, may be granted for a limited
6
time perrod, or may be granted subject to such other conditions as the commission
may prescribe. Conditions may include, but shall not be limited to, requiring specia!
setbacks, open spaces, fences or walls, landscaping or screening, and street
dedication and improvement;regulation of vehicular access and parking, signs,
illumination, and hours and methods of operatron; control of potential nuisances;
prescription of standards for maintenance of buildi ngs and grounds; and pr escription
of development schedules.
8. Variances:A conditional use permif shall not grant variances, but action on a variance
may be considered concurrently with a conditional use permit application on the same
site. Variances shall be granted in accordance with the procedure prescribed in
chapter 17 of this title.
12-16-7: Use Specific Criteria and Standards:
The following criferia and standards shall be applicable to the uses listed below in
consrderation of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
2. Beauty and barber shops: No exterior frontage on any p ublic way, street,
walkway, or mall area is permitted.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the Town of Vail Zoning Code regulations; and
The Town's land use regulations in the Commercial Core 1, Commercial Core 2,
Lionshead Mixed Use 1, and Lionshead Mixed Use 2 Zone Districts have incorporated
horizontal zoning since there creation. The majority of the land area currentty zoned
Lionshead Mixed Use-1 was previously zoned Commercial Core 2. The primary
purpose of establishing horizontal zoning was to ensure that street and economic
vibrancy would occur at the pedestrian level.
Staff believes the applicanYs proposal to eliminate the use specific criterion for beauty
and barber shops would be contrary to the intent of the regulation that was adopted in
1981 which staff believes is still valid today. In reviewing the history of this regulation
the Planning and Environmental Commission and Town Council enacted this regulations
to respect a long entrenched goal of keep the pedestrian street level active and vibrant
thus resulting in energy and positive economic impacts. Staff believes the regulation, if
modified as proposed by staff will support the following goals of the Town of Vail Zoning
Code
"5. To conserve and maintain established community qualities and economic
values.
7
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipa!development objectives."
Staff believes the prescribe regulations amendment as modified by staff retains the
intent, goals, and objectives of the existing regulation and furthers the general and
specific purposes of the Town of Vail Zoning Code horizontal land use regulations.
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
As stated in the previous criterion the goals and objections of horizontal zoning
regulations within the Town of Vail have been a mainstay since the adoption of the Town
of Vail Zoning Code. Staff believes the 1981 public hearings which resulted in the
adoption of Ordinance No. 18, Series of 1981 furthered this goal. Staff believes that
over the years with the creation of the Lionshead Mixed Use zone districts which
replaced Commercial Core II and the extension zoning of properties to Lionshead Mixed
Use zoning that the intent behind the existing use specific criterion for beauty and barber
shops was lost. Staff believes the intent was to restricted beauty and barber shops in
the cores of the two villages not prohibit the use on peripheral properties. Staff has
attached copies of the staff memorandum, Planning and Environmental Commission
minutes, and Ordinance No. 18, Series of 1981 for review(Attachment C)
Staff believes that the proposed prescribed regulations amend as modified by staff
complies with this criterion.
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 approp�iate or is inapplicable; and
Since the adoption of Ordinance No, 18, Series of 1981 the Town has adopted the
Lionshead Redevelopment Master Plan and the associated Lionshead Mixed Use 1 and
Lionshead Mixed Use 2 which incorporated beauty and barber shops as a conditional
use on the first floor or street level. The Lionshead Mixed use zone districts were then
extensively implemented and encompass properties not within defined village cores.
Staff believes the changes since 1981 demonstrate that conditions have changed and
the existing regulations are no longer appropriate for an outlying property such as the
Ritz-Carlton.
Staff believes the proposed prescribed regulations amendments as modified by staff will
comply 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
The intent of the existing regulations restricting beauty and barber shops on the first floor
or street level was to result in a harmonious, convenient and workable relationship
among the horizontal land use in the village cores. Staff believes that these goals are
protected and furthered in the proposed prescribed regulations amendment as modified
8
by staff. Properties not located on a primary or secondary pedestrian mall as defined by
the Lionshead Redevelopment Master Plan have a much different relationships between
adjacent properties and land uses than those properties in the village cores. Staff has
attached a copy of Map P from the Lionshead Redevelopment Master Plan identifying
those areas that are Primary and Secondary Pedestrian Malls (Attachment D).
Staff believes the proposed prescribed regulations amendments as modified by staff will
comply with this criterion.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following criteria. Staff's recommendation is based upon
the assumption that the Planning and Environmental Commission have made a
recommendation of approval to the Vail own Council and that those recommendations
are adopted through ordinance by the Town Council.
1. Relationship and impact of the use on the development objectives of the Town.
Should the Town Code be amended as modified, staff believes the operation of a beauty
and barber shop wilt comply with the development objectives of the Town. The location
of the proposed beauty and barber shop within the Ritz-Carlton is currently at the
terminus of the pedestrian network of sidewalks leading to the Lionshead pedestrian
mall and thus does not have the characteristics of the locations within the Lionshead
core.
It should be considered that the space proposed for occupancy by the beauty shop was
located not only to comply with the Lionshead Mixed use 1 zone district, but with the
thought in mind that the land are to the west would likely redevelop in the future.
Currently the Town is reviewing proposals to construct a mixed use development called
Ever Vail on the property to the west. Ever Vail has evolved from having in excess of
100,000 square feet of commercial making it a destination commercial village core to a
proposal containing approximately 50,000 square feet of.commercial largely to serve the
hotel and condominium occupants in the development. The Commission may wish to
place a time limitation on the proposed beauty shop land use in order to provide
flexibility into the future with regard to the tenant space land use.
Staff does not believe there will be any negative impact on the development objectives
of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences.
9
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences. Those utilizing the
beauty shop will either be walking to the location, staying at he Ritz-Carlton Residences,
or arriving by vehicle which will be valeted upon entering the port cohere. The proposed
tenant space was assessed the required parking for the proposed use during the review
of the major exterior alteration for the project.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences.
VII. STAFF RECOMMENDATION
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, of this request to the Vail Town
Council; the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, with modifications, to the Vail Town Council on prescribed regulation
amendments to Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail
Town Code, to develop criteria to allow for beauty and barber shops with exterior
frontage on a public way, street, walkway, or mall area, and setting forth details
in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed text amendment, the Community Development Department recommends the
Commission recommends the following modifications (text to be deleted is in
°+�'�°��, text that is to be added is bold, and sections of text that are not amended
have been om itted):
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
2. Beauty and barber shops: Witi►in the Commercial Core 1 and Commercial
Core 2 zone districts beauty and barber shops shall have no �Ale exterior
frontage on any public way, street, walkway, or mall area. is-��. Within
the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts
beauty and barber shops shall have not exterior frontage on any primary or
secondary pedestrian mall as de�ned by the Lionshead Redevelopment
Master Plan.
10
Chapter 12-2-2: Definitions of Words and Terms (in part)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, 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 December
13, 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
goa/s, objectives and policies outlined in the Vai! comprehensive plan and is
compatible with the development ob jectives 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."
The Community Development Department recommends the Planning and Environmental
Commission approves, with a condition the request for a conditional use permit. This
recommendation is based upon the review of the criteria described in Section VI of this
memorandum and the evidence and testi mony presented.
Should the Planning and Environmental Commission choose to approve, with a
condition, this conditional use permit request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditiona! use permit, pursuant to Section 12-7H-3, Permitted And Conditional
Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber
shops, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and
setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with a
condition, this conditional use permit request, the Community Development Department
recommends the Commission applies the following condition:
"1. This conditional use permit approval is contingent upon the adoption of the
prescribed regulations amendments modifying the conditronal use permit use
11
specific criteria for beauty and barber shops through the adoption of an
ordinance by the Vail Town Council."
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission makes the following findings:
"Based upon tf►e review of the criteria outlined in Section VI of the Staff
memorandum to the Planning and Environmental Commission dated December
13, 2010, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permit is in accordance with the purposes of
the Zoning Regulations and the Lionshead M ixed Use 1 zone disfrict.
2. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
VIII. ATTACHMENTS
A. ApplicanYs request entitled Text Amendment dated Nove mber 17, 2010
B. ApplicanYs request entitled Conditional Use P ermit dated November 15, 2010
C. Staff memorandum, Planning and Environmental Commission Minutes, and
Ordinance No. 18, S eries of 1981
D. Lionshead Redevelopm ent Master Pan Map P identifying the Primary and Secondary
Pedestrian Malls
12
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Text Amendment
Chapter 12-16-7: Use Specific Criteria and Standards
Beauty and Barber Shops
Submitted: November 17, 2010
�.._.�u_. . _ ' �/ I ��
t�ke��ari�s�Pa€�#e:s�a;s��su°:��r
Attachment A
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Introduction
RCR Vail, LLC, herein referred to as "The Applicant;' represented by Mauriello Planning Group is
requesting a text amendment to modify the language of Chapter 12-16-7: Use Specific Criterio and
Standard. 5pecifically,the language regarding "Beauty and earber Shops"which states:
eeauty and barber shops: No exterior frontage on any public way, street walkway, or mall area is
permitted.
Chapter 12-2: Definitions of the Vail Town Code provides multiple definitions of a barbershop and one for
a beauty shop as follows:
BARBERSHOP:A commercio! establishment whose primary business is the cutting and/or styling of
human hair.
SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of
cosmetology, including hair, nail and skin care.
The use specific criteria that no beauty shop can have exterior frontage on any pub�ic way, street,
walkway, or mall area, and yet is a conditional use on the first floor creates a challenging situation. This
would clearly limit the ability to have an entrance at all. This specific provision of the code was originally
adopted in 1981 by Ordinance No. 18, Series of 1981, and moved into the Use Specific Criteria in 1998.
The provision was only applicable to the Commercial Core 1 district but as a consequence of it being move
to chapter 16 was that it is not applicable in other districts. Additionally, the business model of a beauty
shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to
stations for cutting hair. Now, substantial area is devoted to sales of products, ranging from hair care
products to clothing, and the line between beauty shop and retail store has blurred. As a result of this
shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a !
beauty shop from any visible frontage. ��
The use still requires a conditional use permit on the first floor, so the PEC still has the ability to evaluate
the location and layout of the use if there are those concerns with an application. ;..'.
The proposed text amendment is to eliminate the use specific criteria associated with Beauty and Barber
shops,as indicated below(text to be eliminated is indicted in=�-�!����!���_o�):
. . , , ,
�::
�� sz,`.
No other changes are proposed at this time. A Beauty and Barber Shop remains a Conditional Use in the
following zone districts: ��
• Commercial Core 1 �„
• Commercial Core 2 '
• Lionshead Mixed Use 1 ��
• Lionshead Mixed Use 2
A "Beaury and Barber Shop" is a permitted use in the following zone districts, and are not subject to the ;`'
use specific requirements. �:��
• Commercial Core 3 ��'
• Commercial Service Center =�
r�
• Arterial Business District �
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Text Amendment-Beauty and Baibershop 2 ' '
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Criteria for Review
�
The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The =
Applicant's analysis of conformance with the criteria follows: �
A. Factors Enumerated: Before acting on an application for an amendment to the regulations >�
prescribed in this title,the planning and environmental commission and town council shall consider �
the following factors with respect to the requested text amendment: �
1. The extent to which the text amendment furthers the general and specific purposes of the �
zoning regulations ;;�
�
Applicant Analvsis: Chapter 12-1-2: provides the general and specific purposes of the Zoning °�
Regulations: , °
,�
.x
�
A. General: These regulations are enacted for the purpose of promoting the health,safety, �
morals, and general welfare of the town, ond to promote the coordinated and �
harmonious development of the town in a manner that will conserve and enhance its �
natural environment and its established choracter os a resort and residentia! '�
community of high quality. �
B. Specific:These regulations are intended fo achieve the fo!lowing more specific purposes: �
1. To provide for adequate light, air, sanitation, droinage, 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 streeis.
4. To promote adequate and appropriately located off srreei porking and loading �
facilities. �
5. To conserve and maintain estoblished community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent wrth municipal development objectives. ='�
7. To prevent excessive population densities and overcrowdinq 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 orher desirable
natural features. `�
10. To assure adequate open space, recreation opportunities, ond other amenities and
facilities conducive to desired living quarters. �
11. To otherwise provide for the growth of an orderly and viable community. �
�
�
While not all of the purpose statements are applicable to this applicant, this text amendment �
furthers many of the above statements, specifically the following:
.°:�
�g
S. To conserve ond maintain established community qualities and economic values. 4�
��
��
��
Text Amendment-Beauty and Barbershop 3
�`:
3_,�
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The proposed amendment encourages additional sales-tax revenue generating businesses to
occur in locations where they are most desired - in the commercial areas of Town. These
businesses provide much needed services to many vacationers, encouraging visitors to stay and
spend money in Vail_ In addition to visitors, these are services that have largely moved from
Vail and many locals are forced to get their hair done and buy hair products outside of the
Town.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
This amendment allows for the business community in Vail to create better synergy among
land uses. Beauty shops keep people in Vaii, and a hair cut is often followed by additional
shopping or eating. This creates a harmonious, convenient, and workable relationship among
land uses. €;
8. To safeguard and enhance the appearance of the town.
Finally, the review of the conditional use permit allows the Planning and Environmental
Commission to ensure that the appearance of the Town is enhanced by this activity, as it has
ultimate review authority on a conditional use permit, and can set appropriate conditions on
any proposed beauty shop.
2. The extent to which the text amendment would better implement and better achieve the A
applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compafible with the development objectives of the town
��
Aqplicant Analvsis: The various master plans that make up the Vail Comprehensive Plan have
been reviewed and the following goals and policies are applicable from these documents: �"
�`
Vail Village Master Plan: �;
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.
Vail Land Use Plan:
1. General Growth 1 Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident_
��
.-i:
TextAmendment-Beauty and Barbe�shop 4
. �
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;:�
2. Skier(Tourist Concems `�'
.3
�:
2.1. The community shouid emphasize its role as a destination resort while accommodating `
day visitors.
,�
'„�
,�
2.5. The community should improve non-skier recreational options to improve year-round
tourism. 'j�
3.4. Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
Lionshead Redevelopment Master Plan: �
E°�
��
2.3.1 Renewal and Redevelopment -_'
Liovshead can and s}�ould be renewed and redeveloped to become a �a�anner, rnore ��
vibrant environmeut for guests and residents. Li�nsl�ead needs an appealiug and s�
coherent identity, a sense of place, a personality. a puipose, aud an improved aesthetic �
�character.
�
As each of these plans state, Vail should offer additional activities for guests and residents. ��
This amendment furthers the stated goals of the Vail Comprehensive Plan. ;
��
3. The extent to which the text amendment demonstrates how conditions have substanfially �
changed since the adoption of the subject regulation and how the existing regulation is no �
longer appropriate or is inapplicable
�
Applicant Analvsis: This specific provision of the code was originally adopted in1981, and �
moved into the Use Specific Criteria in 1998. In such time, the business model of a beauty
shop has dramatically changed. In the past, the area of a beauty shop was almost entirely �
devoted to stations for cutting
hair. Now, substantial area is
devoted to sales of products, �� �� �r � ,�.-�. , �� ,,,�
ranging from hair care products '""� � � ����� '�"�_;.�� ''�"°" � ��'Y��-
to clothing,and the line between '� '�
' ��_� � �.� � ���
�,� ,�
beauty shop and retail store has �. ., �` � � ;�_ � .� .�e, � � e;�
blurred. As a result of this shift �� � � - ���"
� � �- �� � � �
in the business of beauty shops, � �= �9' �' � `� �� � � _��
it is now time for an amendment ��� � � ��� �� ��'��
i��-= �
to this criteria which prohibits a ���� �� �
g'`� �;: �i � �-��
beauty shop from any visible ����-��� � �-a`� "' ' � � � °�� �" ��
frontage. �� tl�. � J���� ,s�., � *
�t , � :��
In addition to changing trends in ' ` �
the business model of a beauty
�
shop, it is important to note that m -
�
:�
the desires of visitors to Vail have ��
�:�
also changed. As the skiing population ages, many visitors to Vail are looking for alternative ��
activities to include in their ski vacation. Spa services, including hair services, manicures, �
..�
:�
��
Text Amendment-Beauty and Sarbershop 5 �
�
�
�;,
pedicures, facials, and body waxing, have become expected activities for vacationers, rather
than relying on these services to occur at their primary residence.
A "beauty and barbershop" is a conditional use on the first level in the Commercial Core and
Lionshead Mixed Use zone districts. This allows the Town, through the review of the
conditional use permit, to ensure that the proposed location within a project and/or site is
appropriate for this use.
Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a
"beauty and barbershop;' limiting its location to the following:
Beauty and barber shops: No exterior frontage on any public way, street, walkway, or
mall area is permitted. ^'
r.
Eliminating this language allows the Planning and Environmental Commission, through the
review of a Conditional Use Permit to determine if the use and location is appropriate. It also
allows the Planning and Environmental Commission to set certain restrictions on the use,
including but not limited to the following: �,
• Require a substantial retail presence along the Frontage z'
• Place a limit the number and area of stations
• Require that the stations be set back a minimum distance from display windows
Any modifications to an approved plan would require an amendment to the conditional use
permit, and would therefore be reviewed by the Planning and Environmental Commission (or
staff when applicable.)
4'.+`
t:;'?.
4. The extent to which the text amendment provides a harmonious, convenient, workable
relationship among land use regulations consistent with municipal development objectives
Applicant Analvsis: This amendment allows for the business community in Vail to create better
synergy among land uses. Beauty shops keep people in Vail,and a hair cut is often followed by
additional shopping or eating. This creates a harmonious, convenient, and workable
relationship among land uses. �<<
F;F
5. Such other factors and criteria the planning and environmental commission and/or council ,;
deem applicable to the proposed text amendment ��
Applicant Analvsis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings �°
before granting a conditional use permit:
i. 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
�;
Text Ame�dment-Beauty and Barbershop 6
�°'
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2. That the amendment furthers the general and specific purposes of the zoning regufations;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 �Y
conserves and enhances its natural environment and its established character as a resort and �=
residential community of the highest quality.
:.;
�
�
��
�
Text Amendment-Beauty and Sarbershop 7
- � � -
� '� . � • �
; . �-,
ORDINANCE �18 _w',' t,.
(Series of 1951) r, r 1�._ �
�•� /
t�by4'�� �� 1:r]��✓
AN ORDINANCE AA�(ENDING SECTION I 8.24.030 �5 s.i:ont,��e road
PERMfTTED AND CONDITiONAL USES - FIRST va+l.coloradn F31557
. FLOOR OR STREET LEVEL - OF THE MUNfCIPAL �'��r,:�t�;;;;,,cl,;r9c
CODE OF THE 70WN OF VAIL, COLORADO: MAKING
BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS
' rIRST FLOOR OR STREET LEVEL CONDiT10NAL USES
1 N COMMERC[AL CORE I AND COMMERCIAL CORE I I
ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE
ANY EXTERIOR PRONTAGE ON ANY PUBL[C WAY, STREET,
. WALKWAY, ALLEY OR MALL AREA; AND SETT(NG FORTI]
' DETAILS THERETO.
, WHEREAS, the Town Council believes that barber shops, beauty
shops and beauty parlors are acceptable first- floor or s[reet
level conditional uses so long as they do not have any exterior
frontage in any public way, street, walkway, atley or mall area;
and,
WHEREAS, they believe such an amendment to the zoning
, ordinance will benefit the public health, safety and welfare of
i the inhabitants of the Town of Vail.
� . BE 1T THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE 71�WN
�
�
j OF VAIL, COLORADO,THAT:
Section 1_ 18.24.030, C is hereby repealed and reenacted as
; follows:
,: _�
! 18.24.030 C. The following uses shall be permitted on the
first ffoor or street level floor within a structure, subject to
i
+
issuance of a conditional use permit in accordance with the pro-
! visions of Chapter 18.60:
I� (1) Liquor stores;
I
(2) Banks and financial institutions;
I
�: (3) Household appliance stores;
I. (4) Radio and TV stores and repair shops;
! (5) Time-share estate units, fractional fee units, and
Itime-share license units;
!` (6) Barber shops, beauty shops and beauty parlors so
i
'� long as they do not have any exterior fronta�e on
i
�: any public �vay, streel:, walkway, or mall arc.a.
I• 1�
� '��d�i �� �F�C�.���
' 75 s.frontage road
;_ vail,colo�ado 81657
o!f;ce o.`t�wn clerk
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;
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�Section 2.
If any part, section, sub-sec[ion, sentence, clause or phrase
� of this ordinance is for any reason held to be invalid, such decisions -
«'.
shall not effect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordinance, _�
. �
and each part, section, sub-section, sentence, clause or phrase thereof, �
-„�
t�
regardless of the fact that any one or more parts, sections, sub-sections,
sentences, clauses, or phrases be declared invalid. �
Section 3. ,�
The Town Council hereby finds, determines and declares that
i
. this ordinance is necessary and proper for the health, safety and welfare �
� of the Town of Vail and the inhabitants thereof. ��
Sec[ion 4.
� The repeal or the repeal and reenactment of any provision of �
�
• the Vail Municipal Code as provided in this ordinance shall not affect ;�
any right which has accrued, any duty imposed, any violation that occurred �
_�
�
'' prior to the effective date hereof, any prosecution commended, nor any �.
i:
other action or proceeding has comme�ced under or by virtue of the
`�
=`i
! provisions repealed or repealed and reenacted. The repeal of any �
� provision hereby shall no[ revive any provision or any ordinance "�
_�
, previously repealed or superceded unless expressly stated herein. :�
`,�
INiRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED °�
i ONCE IN FLJI.L THIS 7IH DAY OF APRIL, 1981, AND A PUBLIC HEARING ON THIS �
f �
�c ORDINANCE SFiALL BE HELD A7� THE REGULAR MEETING OF THE 'Ii3JvIV COUNCfL OF
i a�
'. 'II-lE 7�Jv1V OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981. ��
i. _ „ / ' r �
;:;,�.-�.-l �� l� �
�� Mayor "�� �` �
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I. ATTEST : ��
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INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of
April, 1981, and ordered published by title only.
. _ ,� � ` � ` i
t.fayor ��
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ATTEST :
� CL[.��� /���:vt[.f'
, ✓ T�
Town lerk
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I Permit �
Con ifiona Use
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. �
Bout�que and Beauty Shop in LMU-1 �
Ritz Carlton Residences �
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November 15, 2010 �
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Attachment B �
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' � �
Introduction
RCR Vail, LLC, herein referred to as "The Applicant;' represented by Mauriello Planning Group is
requesting a conditional use permit to allow for a "Beauty and Barbershop" on the first level of a
building in the Lionshead Mixed Use-1 zone district, in accordance with Sections 12-7H-3 and 12-16-7
of the Vail Town Code.
The Town of Vail provides a definition of a "barbershop" as follows:
€;
BARBERSHOP:A commercial establishment whose primary business is rhe cutfing and/or styling of
human hair.
The Applicant is proposing a combination of a boutique and beauty shop. The majority of the space
will be dedicated the retail sales of beauty supplies, make-up and skin care products, along with
clothing and lingerie. The entire space is approximately 786 sf. The floor plan of the space is provided
below:
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Ritz Carlton Residences-CUP for Beauty and Barbershop Z
�
�
. �
P�d
Criteria for Review p
��
A "Beauty and Barbershop" is listed as a conditional use listed in the �ionshead Mixed Use-1 zone
district. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town
Code. The purpose of this chapter is as follows: �
;
12-16-1:PURPOSE,•LIMITATIONS: �
In order to provide the t]exibility necessary to achieve the objectives of this title, specified uses are �
permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual �
or special characteristics, conditional uses require review and evaluation so that they may be located �
�:
properly with respect to the purposes of this title and with respect to their effects on surrounding ::
properties. The review process presc�ibed in rhis chapte� is intended to assure compatibility and ���,
harmonious development between conditional uses and surrounding properties and the iown at large. 3
Uses listed as conditional uses in the various districts may be permitted subject to such conditions and �
limitations as the town may prescribe to ensure that the location and operation of the conditional uses �
will be in accordance with development objectives of the town and will not be defrimental to other uses
or properties. Where conditions cannot be devised to achieve these objectives, applications for
conditional use permits shal!be denied. �
The review criteria for a conditional use permit are provided in Section 12-16-6 and are listed below.
The Applicant's analysis of conformance with the criteria follows:
A. Factors Enumerated: Before actin on a conditional use ermit a lication, the lannin and
g P Pp P g
environmental commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on development ohjectives of the town.
Applicant Analvsis: A "beauty :�
and barbershop" is a `" - '
conditional use on the first level
in the Lionshead Mixed Use-1 �
zone district. This allows the -=�-°��•�°�F5��-•�°�~~ �-x-w°°�-•°_ -
Town, through the review of ,
the conditional wse permit, to - - �m
ensure that the proposed '
location within a project is
� �� Q,
appropriate for this use. The ` ���� '� � �� ,;, ��,��'` 1�� �: �
s�a�� �-�� — r
proposed use is a combination N ���. ` �° � ��` ��
of a retail space, with �
approximately 500 sf dedicated � � � �
to the sale of beauty suppl�es, � �
make-up and skin care � , � _ �
products, clothing, and lingerie; _ Stutions �
and a beauty shop of �
approximately 286 sf dedicated ~ �
_
to the cutting and/or styling of �"� �
;,.
�s
human hair, as indicated in the �
plan. �
�
L>
Ritt Carlton Residences-CUP for Beauty and Barbershop 3 �
�
�i
�
�
Section 12-16-7: USE SPECIFIC CRITERlA AND STANDARDS, provides additional restrictions on
a "beauty and barbershop;' limiting its location to the following:
Beauty and barber shops:No exterior frontage on any public way, street, walkway, or
mall area is permitted.
As proposed, the area dedicated to the retail portion of the business will be located on
along the frontage of West Lionshead Circle, while the actual service of styling hair will
occur off of any exterior frontage on any public way, street, walkway, or mall area. The code
provision was likely developed to prevent services uses like a beauty shop from taking over
vital retail locafions in the Lionshead core area. The Ritz is located in an area with very little
pedestrian traffic and therefore such a location will rely more on destination visitors to the �
proposed space within the Ritz Carleton. As shown on the elevation below, there is very
�,':
little window exposure of this space to the pedestrian and the entry to the space is located
five steps above grade with separation of a ramp railing and a landscape plantec That said,
the space has been designed so that the primary use as a retail store (selling beauty �:
products, make-up and skin care products, clothing, and lingerie) is located along the
frontage of the space implementing the goal of this provision. The proposed space is
indicated in the plan below:
,
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Ritz Carlton Residences-CUP for Beauty and Barbershop 4
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From the exterior, the space appears as provided below: �
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Any modifications to the approved plan would require an amendment to the conditional use �
permit, and would therefore be reviewed by the Planning and Environmental Commission.
2. Effect of the use on light and air, distribution of population, transportation facilities, �
utilities, 5chools, parks and recreation facilities, and other public facilities and public
facilities needs.
Applicant Analvsis: The proposed use has no impact on the above-referenced criteria. This �
space was previously assessed for parking at a rate of 2.3 spaces per 1,000 sf of net floor �
area. As a result, the parking requirements for this use have been met and will have no
effect on public parking needs.
3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian
�
safety and conveniente, traffic flow and control, access, maneuverability, and removal of �
snow from the streets and parking areas. �
c:
Applicant Analvsis: In the review of the Ritz Carlton Residences, this space was idenfified as
a commercial use, and as a result, it was factored into the traffic counts and impacts of the =_
entire project. �
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Ritr Carlton Residences-CUP for Beauty and Barbershop 5 ��
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4. Effect upon the character of the area in which the proposed use is to be located, including
the scale and bulk of the proposed use in relation to surrounding uses.
Applicant Analvsis: No modifications to the exisfing Ritz Carlton Residences is necessary for
the proposed "beauty and barbershop." The proposed use has no impact on the scale and
bulk of the building. The use itself will provide a service to residents and visitors to the Ritz
Carlton Residences, along with those staying in the general vicinity.
, 5. Such other factors and criteria as the commission deems applicable to the proposed use.
Applicant Analvsis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
6. The environmental impact report concerning the proposed use, if an environmental impact
report is required by chapter 12 of this title.
Applicant Analvsis: An environmental impact report is not required for this application.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit:
1. That the proposed locafion of the use is in accordance with the purposes of this title and the
purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be operated or �
maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
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Ritz Carlton Residences-CUP for Beauty and Barbershop 6
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Ad'acents CAREY, ROBERT 8. ;;
1 6912 E HUMMINGBIRD LN �
2101-072-13-001 PARADISE VALLEY,AZ 85253 �
,
VAIL CORP
THE FIXED.�SSETS DEPARTMENT 210107222007 �
390 INTERLOCKEN CRESCENT STE 1000 SHARE SYNDICATE XIII LLC �
BROOMFIELD,CO 80021 ALISON BUCHHOLTZ �
675 LIONSHEAD PL �
210107216001 000846 FOREST RD VAIL,CO 81657 �
EAGLE RIVER WATER&SANITATION DIST
846FOREST RD 210107222008 �
VAIL,CO 81657 JANICE SAUVAGE TRUST NO 1 �
8650 W TROPICANA AVE 208 �
210107217002 000728 LIONSHEAD CIR LAS VEGAS,NV 89147
VAIL CORP
PO BOX 7 210107222006 �
VAIL,CO 81658 SCHICIANO,KENNETH �
43 HIGHGATE RD
000710 LIONSHEAD CIR WELLESLEY,MA 02481
�
VAIL SPA CONDOMINIUM ASSOC �
710 W LIONSHEAD CIR 210107222005 �
VAIL,CO 81657 5 GCP INC �A
AV CHAPULTEPEC 18 COL DOCTORES �
DANN PETER -Registered Agent MEXICO DF
PO BOX 5480 MEXICO
AVON,CO 81620
2103-014-01-068
210107217002 TELIEEN,DANIEL E.
RCR Vail LLC 122 E MEADOW DR
390 INTERLOCKEN CRESCENT STE 1000 VAIL,CO 81657 �
BROOMFIELD,CO 80021
2101-063-03-015 �
210107222004 JOSEPH O.BROUGHTON TESTAMENTARY TRUST
JPSSE VAIL IMMOBILIERE LLC 240 ASH ST
RUBEN DARI0115 TORRE 2 DENVER,CO 80220 �
�
602 MEXICO D.F.CP 11580 �
M EXICO 2101-063-03-016
BROUGHTON,JOSEPH O.,JR&LINDA K. �
210107222003 240 ASH ST
3 GCP INC DENVER,CO 80220
AV CHAPULTEPEC 18
MEXICO DF06640 2101-063-03-014
MEXICO RICHARD E.&MARTHA GRIfFITH DEAN TRUST,RICHARD E. �
&MARTHA GRIFFITH DEAN TRUSTEES �
210107222002 PO BOX 970 -��'
MARK GREENHILL REV TRUST-ELIZABETH GREENHILL REV TONGANOXIE,KS 66086 �
TRUST-MARK GREENHILL FAMILY DESCENDANTS TRUST �
153 SHERIDAN RD MAURIELLO PLANNING GROUP,LLC �
WINNETKA,IL 60093 POST OFFICE BOX 1127 �
AVON,CO 81620 �
210107222001
�
, � • •
2101-072-11-032 2101-072-21-003
VAIL RESORTS DEV ARKW FUNSKI LLC
7HE FIXED ASSETS DEPARTMENT 3600 N CAPITAL OF TX HWY
39a INTERLOCKEN CRESCENT STE 1000 BUIIDING B STE 320
BROOMFIELD,CO 80021 AUSTIN,TX 78746
2101-072-23-001 2101-072-21-002
WDLVAIL CONDOMiNIUM ASSOCIATION,INC. ROCALLOSAS LLC
GRAHAM FRANK MARGARITAS433
POSTOFFICE BOX 959, COC.EX HACIENDA CHIMALISTAC
AVON,CO 81620 MEXICO DF CP 10150
MEXICO
THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION
728 W.LIONSHEAD CIRCLE 2101-072-21-006
VAIL,CO 81657 THOMAS J.KLUTZNICK TRUST
380 GILPIN ST
GORE CREEK PLACE,LLC DENVER,CO 80218
3901NTERLOCKEN CRESCENT,
BROOMFIELD,CO 80021
2101-072-21-004 ��
2101-072-14-004 MIDDLETON,JOHN S.&LEIGH P. ��
INTERVEST 8183 LLC Owner Address 343 AVON RD
1133 E 33 PL BRYN MAWR,PA 19010
TULSA,OK 74105
2101-072-21-005 ��
ORTEGA,JOSE&LETICIA �'�
�!'=�
2101-072-14-003 CAMPOS ELISEOS 223 °
::.,�
NIELDS,MORGAN W. COL POLANCO MEXICO DF 11560
4 SUNRISE DR MEXICO
ENGLEWOOD,CO 80110
2101-072-21-007
2101-072-14-002 SEPIC GORE CREEK PROPERTIES LLC ��
KIEKHAEFER,FRED 2500 CHERRY CREEK DR S 203 }'
t�:
N 7480 COUNIY RD UU DENVER,CO 80209 �;
FOND DU LAC,WI 54937 ��
2101-072-21-008 :s�
2101-072-17-001 JAYDEN DEVELOPMENT LLC
DIAMONDROCK VAII OWNER LLC 1031 EXCHANGE EXPERTS
DIAMONDROCK HOSPITALITY CO 5600 GREENWOOD PLAZA BLVD STE 200 }.
6903 ROCKLEDGE DR STE 800 GREENWOOD VILLAGE,CO 80111 �
�;:r
BET}iESDA,MD 20817 ��
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Vail Marriott�Mountain Resort&Spa
715 West Lionshead Circle
Vail,Colorado 81657 USA
2101-072-21-001
SMITH,ROBERT&MICHELLE
934 GOLDENROD LN
LAKE FOREST,IL 60045
Ritz Carlton Residences-CUP for Beauty and Barbershop 8
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MEMORANDUM �
� T0: Planning and Environmentai CoIDmission
FROM: Department of Couanunity Development/Peter Patten
DATE: . 1/19/81 .(shoul,d be 2/19/81)
SUBJECT: Karl Hoevelma.nn request for an amendrnent to the Conditional Use Section {�
or t e ommercial Core._I Zone District to allow.barber shops�.,and beauty 's
shops as permitted uses, subject to a C�dztional iIse Permit. ;
.�
BACKGROUND OF REQUEST ,�
This request stems directly fxom Mr. Hoevelmaitnis wzsh to convert a stnall, circular x,�
retail space near the street level entrance of the Gold. Peak House to a beauty salcm.
Presently, beauty and l�arber shops are allowed on any floor except street level, as �
per Ordinance 8 of 1973. �
�
A review of the permitted uses in CCI clearly indicates the intent to limit this level
to retail, tourist-oriented shops. Personal service and office uses were purposely ���
�.eft out of the permitted uses for street level. The request is to allow the beauty �
:"�
and barber shop use on street level with the issuance of a Conditional Use Permzt. ��
.�
Qn Janua.ry 12, 1981, Karl Hoeveln�nn appeared before the PEC to discuss the issue of �
the Planning Department's disapproval of his request to have a beauty shop in �he space �
formerly occupied by the Sugar Aaddy.in the Gold Peak House. It was stated at that �
Stime, that the only way for Mr. Hoevelmann to be allowed his beauty shop in that space ;,
was to have the zoning code amended for street ievel uses in Commer.cial Core I. � 1�,vo �
issues were focussed on during that PEC discussion:
�
1. Was a beauty shop an appropriate use on street level in the CCI Zone District? �
Should there be a reconsideration of this and other issues regarding hoxizontal �
zoning in both Cores?
2. Is there a difference in the impact and appropra.a.teness o£ a use when one differen-
tiates between direct street frontage space and off-street, in.teriox space with �
no stxeet fz�ontage?
�,
Discussion of these ztems produced no dsfinite direction or decisions. The PEC felt
that these issues should be discussed at the joint PEC and Town Counci� work session
which took place the £ollowing day. The opinions at that. meeting were basi.cally that �
no major changes in the horizontal zoning regulations should be made at that time, �
but that a 90-day period be set aside to study it to explore the possiblit�es £or change.
Also, no request was made to direct the Staff to change the code so that beauty shops �
wouJ.d be permitted on street level in CCI and CCZI. . �
Ohviously, we are being asked to act on this request before tha.t overall review can �
take place. Thus, the followzng represents the staf£ position on the issue at hand <;
at this time. �
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Attachment C �
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Hoevelmann - 2 - 2/18/81
RECOt�vDATION
. We feel there is merit in examining the differentiation of impact of a use when it
does not have direct stree.t frontage on a major pedestrian way. A beauty shop may
be detrimental to the goals of the original horizontal zoning ordinance if it would
� appear, for example, in the space that now occupies the Mug Shop or Bxidge Street Inn.
� However, if a.t occurs on an interiar lobby spac� of the Lodge at Vail, the negative
� effects are si
gnificantly reduced or eliminated and no.compromising of the objectives
: of the regulation are xeali.zed. The underlyang premise here .is that major pedestrzan
, ways should be fronted with retail tourist-oriented shops because. they draw and attrac
interest and sales �volumes - they must be highly visibl.e:•�•: Interior, unobvious spaces
within hotei lobbies or interior arcades are nat draw.i�g people to them on their owri--
the people usually have a specific reason ox purpose other tha.n sightseeing to eriter
these areas. Tilus, certain uses �ay be appropriate for these spaces wherein they woul
. not be appropriate for highly vi.sible major street frontage spaces.
Addressing the other issue of whether or not the beauty shop use was appropri.ate for
• street level, we feel it would be if it met the locational criteria of being off-stree
interior space. .. The requirement would be that the proposed. space wo�ld not contain
any street frontage on a major pedestrian way or outdoor mall .area. The space me.�t
have access only from an interior lobby or arcade-type axea. tiYe would propose tha.t
the Conditzonal Use Pezmit Factors be amended so that barber and beauty shops requesti
a Conditonal Use Permit in CCI and CCII, be required to meet these locational criteria
before the permit could be granted.
We feel that this may not be the only use to fall within this new l.ocational criteria
and look £oxward to a more complete review of other uses which may be in a similar
, � situation. This review is upcoming soon, when we take a total looic at horizontal
zoning.
� In conclusion, we would recommend the approval of the Hoevelmann request with the cond
tion that Secta.on 18.60.fl50 Criteria-Findings-for Conditional.11se Permits be amended
so that under paragraph A, a number 8 would be added to read:
8. No Canditional Use Permit will be agproved for barber or beauty shops on fzrst .
or street level in wither Co�excial Core I o.r Gouunercial Core II unless the
. applicant has demonstrated, to the Community Developmen� Department's satisfact.
that the space in question contains no exterior frontage on� a major pedestrian
or vehicular way or public mal]. area.
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WEINSHIENK, MILLER, BORUS & PERMUT `�
ATTOF2NEY5 AT LAW
� 2200 LINCOLN CENTER BUIID�NG
HUBERT T.VfEIN5HIENK
H_MICNAEl141llER 1660 LINCOIN STREET VA�L OFfICE
J04EPH 9.BORU9 DENVEI�,COLdRADO 8026-4 VAII NATR 0.80%75�pUI�D�NO
BAFHY PERMUT vw��,COLORADO e�067
EDWAAO w.grERN TELEPNdN E 130 31 8 61--a56S TCLCPNONE(]O�S78-1060
JAME3 A.JAGa850N
January 26, 1981
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Mr. Dick Ryan ��
Director of Community q
�
Development h
Town of Vail ���
Vail, CO 81657 �
Re: Karl Hoevelmann - Condominium Unit No. 103 ��
Golden Peak House Building `'
�
Dear Mr. Ryan: �
��
In connection with the problem encountered by Karl _�
Hoevelmann in establishing his barber and beauty shop in the �`�
��
Golden Peak House Bnilding and following our discussion of this �
matter, I believe that the most efficient way to propose an
arnendraent to the Zoni.ng code which would allow Carl to use the �
' condominium space for his beauty anc� barber shop is to create ��
two additional categories of conditional uses in the "CC-1" y
district for barber shops and beauty shops. Karl could then ��
apply for the necessary conditional use permit if the amendment
were passed.
;.
By making barber shops and beauty shops conditional +
nses, the town can continue to maintain control over street �-
level uses, and avoid having these types of uses proliferate as �
a matter of riqht. Furthermore, the amendment to the zoning }
code reguired to make this change is_ simple and free of the �
danger of having unknown future ramifications. Karl, however,
would be permitted to use his space as he desires if he can
satisfy this criteria for a conditional use. �
�
Consequently, I suggest that an amendment be prepared ��
to Chapter 18.24.030(c) of the Town of Vail Zoning Ordinance £`�
adding the followinq subsections 5 and 6: �
"S. Barber 5hops. '
�?
6 . Beauty Shops. " �
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� WEINSHIENK,MILLER,BORUS & PERMUT
� Mr. Dick Ryan - 2 - January 26, 1981
�
If I can provide any assistance in preparing or
processing the proposed amendment to the Zoning code, please do
not hesitate to cotnmunicate with me.
Ver truly yours �
Gt � Q, .
Hubert T. Weinshienk
HTW:tjw
cc: Mr. Karl Hoevelmann
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4207 East Colwnbine brive No. 5
Vail, Colorado 81657
. . �
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Deo�nber 23, 1980 �
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Mr. C'�sry Whi.te � �
(�ai�l of Planning and k�vir�s►tal Co�mission �
Vail Municipal Building =`
75 South FYantage Tmad �=
Vail, Colozado 81657 3�
. ��
Dear Mr. White: � �*
�
As owner o£ Unit No. 103 in the Golden Peak House Bui.lding (Lodge Ir�bby) , £�
I am suL-mitti.ng this letter for your aonsideratio� in granfing me the zoning �
permit for license needed to open my a�rn Barber and Beauty Shop in the n::
aY�ove mentioned space. � �
� ;�
Sare time back I visited with Zoning Aciministrator, Mr. Jim ��ben, and
explained to him the remodeling I wished to do in this space for t11e
purpose of opening up a Barber and Beauty Shc�. This r�iode�zng consisted �
of pltanbing wor3c necessary f.or my shap, close and move sane of tlze small
windows, and other carpenter wr�rk. Mr. Rubin was familiar with the space,
whirh had been occupied by t-he business, °The Sugar Daddy." I asked him for �
advice a�ncerning reg�ulations, pe.rmits etc, and I asswned he wr�uJ.d have � ;�
givpn me ali the infoxmation I needed to knaw for this type of change.
He �ld me that I did not need a permit for changes such as this since they �
w�xe being dca�e inside the buildinq, and that he could see nothing that ��
wvuld prevent my apening a shop. �
After iny visit to Mr. Ruben's, I proceeded with the rgnode�ing of my prope.rty. �
I �n naw ocxmnitted t�o approximately $20,000 which includes the x�ciodeling plus �
new furnitwre, light fixtures, and �,ipment. Feeling canfident that bec�,ause �
I had follaaed Mr. ftk.�bin`s instxuctions, I went to the Zbwn Hall two wee�cs '
ago to obtain my taan license for apening rny shap and was tot�lly shocked �
when I was told by Mr. Peter Patten, the new president of The Zbwn of Vail
Planning and �virormnntal Car�nission, that it was prohibitive for me to
obtain my ]icense due to technical reasaning that the shap would be street
level. ��
:;�
Aiong with the above informatianal material, I w�uld Like to cite the �
£ollaaing facts that I believe constitute valid reasons f�r my being granted ;
� �
zx
� ML". �;2Y'r'}r t'�ll� .
' D�cember 23, I980 '
Page 2 �
a t,own license for opening my shop. :
T. The c�nercial space is approxi�nately 24 feet as�ray fran the street
. line, inside the ('�olden Peak Hrnase Builciing (Lodae TAhby) and the
spaae has its own separate entrance.
II. Due to the �fact that the space is rounii and consists of only 150 , �
square feet, it is not suitable for rrost businesses categorized '
as street level. .
:�
III. CQnditional uses--Fact�ors applicable (see Page 350 of C�crmercial
Core 1 (CCI) District. My property car�lies with � restrictions.
N. Since the time this building was ca�leted and occ,~u�pancy was .
granted, there has been a beauty shop housed �n it. The shap
moved ca�ly 24 tronths age. (Lady Vail)
V. There is a definite n� for a facility such as ray proposed one,
since there is not caze on the south side of Gore CYeek. La Coiffure
in the Sitzmark Lodge was street level.
�f :
VI. The Colden Peak House CXmdaninium Associatian has giv�-► their �,
appraval for such a shop. �
VII. The Stat� Baard of �sretology has granted me licen.se for a shap. �s,
My faini.ly and T have lived in Vail for seven and ane-half years, and this
is a critical point for tzs. Much of our future depends L� y�r decisian.
I would deeply appreciate every oonsideration given me.
Sir►cereXY�
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Icarl Hoevel.znann �
cc: Gaynar Miller
Dan Corooran
Roger Tilkgrieir
Duane Piper
Jim Morgan . �:-
Scott Edwards
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January 6, I981
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Mr. Gerry White �"
Chairman of Planning and Enviranmental Commission �.x
Town of Vail
75 South Frontage Road West F�
Vail, Colorado 81657 ��
Dear Gerry: �
��
I would 2ike to respond to the December 23, �980 letter from ��'
Karl Hoevelmann.
.;
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R�
�iy recollection of my visit with him is considerably different �`�
from what is stated in his letter. N1y recollection is that he
asked me if he could put plumba.ng i.n the Sugar Daddy Boutique, �`
but at no time mentioned that he intended to change its use into �
a bar e�r and beauty shop. I even remember asking him what the x
plwnbing was for, and remember his answer to be that }�e was planning ��
on putting a sink in the boutique. �_
�
This meeting did happen a while ago, and I don't completely.re- �a
member the visit. This is, however, my best xeeollection of what ��
Karl and T discussed. �;
_>_
� 5incerely,
��
,-�.�.�,y�;:��.��..�
. ;�
�=-
.AMES A RUBIN fi�
Former Zoning Administrator ��
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JAR:bpr
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Duane Piper requested that the staff check a motion made by Dan Corcoran concexning
the exterior alteration and modification and hezght variance.�•of the Sitzmark building,
to see whether or not it included the condition,of. .rarticipating in the Vail Village
improvement district.
Dan Corcoran moved to approve the minutes subject to the correction above, and
� Scott seconded the motion. The vote was 7-0, unanimous.
2. Weinshienk-Hoevelmann request to allow barber and beauty shops on street level
in ��i Lone District.
•---- - �i:
Peter Patten descxibed the expansion of the issue from the original xequest on 1/12/81,
as stated in the memo of 1/19/81. ('I'he correc� date on the most recent memo should -
have read 2/19/81) . He added that interior spaces do not perform the same functions
as those directly on the street. He recommended a�proval nf the Hoevelmann request
with the amendment of Section 18.060, paragraph A to add:
�
8. No Conditional Use permit will be .approved for barber or beauty shops on first
or street level in either Cormnercial Core I or Comanercial Core II unless the applica�
has demonstrated, to the Community Development Departanent.'s satisfacti.on, that
the space in question contains no exterior frontage on a major pedestrian or vehi-- �a
cular way or public mall. !`'
Barry Permut represent�.ng Mr. Hoevelmaren, stated that iNr. Hoevelmann agrees with the �:
staff on the wording of the amendment. He added that he £elt there was also a hardship '
in this case. �'``
�,
Discussion followed concerning whether .or not the amencinent should cover a broadex use. �
Finally, Jim Morgan moved, and Roger seconded to recommend to the Gouncil an amendment �`
. to Conditional Uses on street level in�CCI and CCII to allow personal services as define� �:
in the Code as conditional uses with the added provi�ian .of No. 8 as defa.ned i.n the �t
memo dated 1/19/81. The vote was 5-2, with Dan and Gaynor voting against. Motion
passed. ��
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ORDINE1iYCE #18 \ .�,' �
(Series of 1981) �.'����`-- . „
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AI3 ORDINANCE Ai�fENDING SECTION ls.24.030 75 �. �-onta�e ro: �
PERIv1ITTED AND CONDITIONAL USES - FIRST vail, color��� 8]
FLOOR OR STRE�T I,EVEL - OF THE MUNICIPAL �`'�c�' �4 !�;,;��c;2 '''
CODE OF THE TO`YN OF VA7L, COLORADO; �fAKI�1G �
BARBER SHOPS , BEAUTY SHOPS AND BEAUTY PARLORS
� . rIRST FLOOR OR STR�ET LEVEL CONDITIONAL USES �
IN COMMERCIAL CORE I AND COMMERCIAL CORE II �'
ZONED DISTRICTS , SO LONG AS THEY DO NOT HAVE �
ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET ,
WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTII �
DETAILS THERETO. �
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WHEREAS, the Town Council believes that barber shops , beauty �
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shops and beauty parlors are acceptable �irst-floor or street ��
level conditional uses so long as they do nat have any exterior ��
frontage in any public way, street , t�talkway , alley or mall area; 9�
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and, �
WHE_REAS, they believe such an amendment to the zoning
ordinance will benefit the public health, safety and welfare of �
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the inhabi.tarits of the Town of Vail . �'
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If any part , section , sub-section , sentence, clause or phrase
o� this ordinance is for any reason held to be invalid, such decisions
shall not effect the validity of the remaining portions o� this ordinance;
and the Town Council hereby declares it would have passed this ordinance ,
�;�
and each part , section, sub-section, sentence , c�ause or phrase thereof ,
regardless of the fact that any one or more parts, sections, sub-sections,
sentences, clauses, or phrases be dec�.ared invalid. �-
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S ec t i.o;m 3. �4
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The Town Council hereby iinds, determines and declares that ��
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this ordinance is necessary and proper for the health, safety and wel�are ��
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af the Town of Vail and the inhabitants thereof_ at
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Section 4.
The repeal or the repeal and reenactment of any provi.sion of �
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the Vail 9�iunicipal Code as provided in this ordinance shall not affect
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any rzght which has accrued, any duty imposed, any vio].ation that occurred
prior to the effective date hereof, any prosecution commended, nor any
other action .or proceeding 3aas commenced under or by virtue of the
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provisions repealed or repealed and reenacted. The repeal. of any �,,;
proviszon her.eby shall not revive any provision or any ordinance T�.
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previously repealed or superceded unless expressly stated herein.
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INTRODUCED, READ ON FIRST READING, APPROVED AND ORDEItED PUBLISHED
ONCE IN FULL THiS 7TH DAY OF APRIL, 1981, AND A PUBLIC IiEARING ON THIS �
ORDINANCE SHALL BE HELD AT THE REGULAR b4EETING OF THE TOWN COUNCIL OF
TH� TOWN OF VAIL, COLOftADO ON TH� 21ST DAY OI' APRIL, 1981.
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INTRODUCLD, R�AD 11ND PASSED ON SECONll R�t1DING this 21st day of .�`
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April, 1981, and ordered published by tiLle only. =
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�WN OF YAI� '
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on December 13, 2010, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter
12-26, Exactions and Dedications, Vail Town Code, to allow for the creation of
regulations for mitigation of development impacts, and setting forth details in regard
thereto. (PEC100050)
Applicant: Town of Vail
Planner: Rachel Dimond
A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Section 12-16-
�7, Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for
� � beauty and barber shops with exterior frontage on a public way, street, walkway, or mall
�� area, and a request for the review of a conditional use permit, pursuant to Section 12-
7H-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a
` beauty and barber shops, located at 728 West Lionshead Circle/Lot 2, West Day
� Subdivision, and setting forth details in regard thereto. (PEC100051)
Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published November 26, 2010, in the Vail Daily.
.�
�
THE RITZ-CARLTON�
THE RITL-CARLTON RFSIDEI�ICES,VAII,
THE RITZ-CARLTON GZUB,VAIL
December 8, 2010
Rebecca Green
Director of Commercial Properties
Vail Resorts Development Company
PO Box 959
137 Benchmark Road
Avon,CO 81620
Dear Mrs. Green,
As the Area General Manager of the Ritz-Carlton Club and Residences, Vaii, I am very
pleased to learn that POSH Salon Studio is interested in occupying one of our street front
commercial spaces. Both local patrons as well as Ritz-Carlton residential owners will
greatly benefit from the services of an upscale salon. I am confident that POSH's services
will complement the community's services and amenities as West Lionshead takes shape
over the next several years.
Sincerely,
ohn ntanie o �
eneral Manager
,. ._�.,.
Naaonal
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Award Ty
�'tsvsetvn
Recipitnt
728 WEST LIONSHEAD CIRCLE,VAIL,COLORADO 81657 • (970)477-3700• FAX(970)477-3711
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 13, 2010
SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section
12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to
Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to
develop criteria to allow for beauty and barber shops with exterior frontage on a
public way, street, walkway, or mall area, and a request for the review of a
conditional use permit, pursuant to Section 12-7H-3, Permitted And Conditional
Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber
shops, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and
setting forth details in regard thereto. (PEC100051 and PEC100053)
Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
I. SUMMARY
The applicant RCR Vail, LLC, represented by the Mauriello Planning Group, LLC, is
requesting a recommendation to the Vail Town Council for prescribed regulations
amendments to Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town
Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a
public way, street, walkway, or mall area, and a request for the review of a conditional
use permit, pursuant to Section 12-7H-3, Permitted And Conditional Uses; First Floor Or
Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West
Lionshead Circle. Staff is recommending the Planning and Environmental Commission
forwards a recommendation of approval, with modifications of the applicant's
proposed prescribed regulations amendment pursuant to Section V of the staff
memorandum. If policy amendments are recommended to Council that will permit
beauty and barber shops to be located within Lionshead Mixed Use 1 when not located
on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment
Master Plan staff is recommending approval, with a condition of a conditional use
permit located at 728 West Lionshead Circle pursuant to Section VI of the staff
memorandum.
II. DESCRIPTION OF REQUEST
A beauty shop would like to locate their business in the commercial space located in the
northeast corner of the Ritz-Carlton structure. The proposed beauty shop is proposed to
occupy a space of approximately 786 square feet with approximately 500 square feet
devoted to greeting guest, waiting area, and retail. While the current application is the is
the catalyst for this application, the proposed amendments to Section 12-16-7(A)(2), Use
Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty
and barber shops with exterior frontage on a public way, street, walkway, or mall area
need to be reviewed with regard to their impact within the whole of Vail. The applicant is
1
proposing to amend Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail
Town Code, and is requesting a subsequent conditional use permit to allow for a beauty
shop with exterior frontage on a public way, street, walkway, or mall area.
The applicant is proposing to remove the single Use Specific Criteria and Standard
which is applied to beauty and barber shops in addition to the standard conditional use
permit review criteria. The applicant is suggesting that with beauty and barber shops
being identified as a conditional use within certain zone districts and as a permitted use
in other zone districts within the Town's regulations that the standard conditional use
permit criteria are more than adequate to provide the ability for the Town's reviewing
authorities to select appropriate locations for this land use. The applicant's proposed
regulation amendments are as follows (text to be deleted is in �+���o�gY�, text that is
to be added is bold, and sections of text that are not amended have been omitted):
Chapter 12-16: Conditional Uses
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
. . > >
� .
A copy of the applicant's proposed text amendment and conditional use permit requests
have been attached for review (Attachments A and B).
Staff would recommend that the proposed regulations be amended to maintain the intent
of the adopted language, but provide for greater focus on the portions of the village
cores that the existing regulation was believed to be addressing when adopted. Staff
recommends the prescribed regulation be amended as follows:
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone districts beauty and barber shops shal/ have no �le exterior
frontage on any public way, street, walkway, or mall area. +���er-�ed. Within
the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts
beauty and barber shops shall have not exterior frontage on any primary or
secondary pedestrian mall as defined by the Lionshead Redevelopment
Master Plan.
2
Additionally staff would recommend deletion of the definition for barber shop within
Chapter 12-2-2, Definitions of Words and Terms, Vail Town Code as there is a definition
for beauty and barber shops which identify the text used throughout the Zoning Code to
identify this land use. Having a separate definition for a barber shop solely has caused
confusion and is redundant.
Chapter 12-2-2: Definitions of Words and Terms (in part)
III. BACKGROUND
On February 19, 1981, an application to amend the Commercial Core 1 Zone District to
allow beauty and barber shops as a conditional use on the first floor or street level was
reviewed by the Planning and Environmental Commission. The application was the
result of a commercial property owner desiring to locate a beauty salon on the first floor
of a structure on Bridge Street. The regulations identified beauty and barber shops on
any floor of a structure with the exception of the first floor or street level. The staff
memorandum identified that the restriction of beauty and barber shops to floors other
than the first floor was the result of the intent to limit the first floor to retail, tourist
oriented shops.
Two questions were considered during this application's review. Those were:
1) Was a beauty shop an appropriate use on street level in the CC1 Zone
District? Should there be a reconsideration of this and other issues regarding
horizontal zoning in both Cores?
2) Is there a difference in the impact and appropriateness of a use when one
differentiates between direct street frontage space and off-street, interior
space with no frontage?
The Planning and Environmental Commission recommended approval of changes to the
Commercial Core 1 Zone District to allow for beauty and barber shops on the first floor in
situations were the commercial space did not have exterior frontage on a major
pedestrian or vehicular way or public mall.
The Town Council subsequently adopted Ordinance No. 18, Series of 1981, which
allowed for beauty and barber shops as conditional uses on the first floor in Commercial
Core 1 and 2 so long as they do not have any exterior frontage on any public way,
street, walkway, alley or mall.
On June 22, 1998, The Planning and Environmental Commission forwarded a
recommendation on multiple Zoning Code amendments reorganizing the Conditional
Use chapter. The result of this recommendation was the adoption of Ordinance No. 10,
Series of 1998 which consolidated land use specific criteria for multiple listed conditional
uses into a single section of the Code which is the existing Section 12-16-7, Use Specific
Criteria and Standards, Vail Town Code.
3
IV. APPLICABLE DOCUMENTS
Title 12, Zoninq Requlations, Vail Town Code
Chapter 12-1: Title, Purpose, Applicability (in part)
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance
its natural environment and its established character as a resort and residential
community of high quality.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, ava/anche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10.To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
12-1-3: Applicability:
The regulations prescribed by this title applicable to various districts and uses shall be
4
minimum regulations and shall apply uniformly to each c/ass or kind of land, structure, or
use. Except as provided elsewhere in this title, the use of any land, the size or shape or
placement of lots, the construction or location of structures, the provision of yards and
other open spaces, and the provision of off street parking and loading space shall be in
compliance with all of the regulations specified in this title.
Chapter 12-2-2: Definitions of Words and Terms (in part)
BARBERSHOP: A commercial establishment whose primary business is the cutting
and/or styling of human hair.
SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the
practice of cosmetology, including hair, nail and skin care.
Chapter 12-7H: Lionshead Mixed Use-1 (in part)
12-7H-1: Purpose:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-
family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units,
restaurants, offices, skier services, and commercial establishments in a clustered,
unified development. Lionshead mixed use 1 district, in accordance with the Lionshead
redevelopment master plan, is intended to ensure adequate light, air, open space and
other amenities appropriate to the permitted types of buildings and uses and to maintain
the desirable qualities of the zone district by establishing appropriate site development
standards. This zone district is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
increases in allowable gross residential floor area, building height, and density over the
previously established zoning in the Lionshead redevelopment master plan study area.
The primary goa/of the incentives is to create economic conditions favorable to inducing
private redevelopment consistent with the Lionshead redevelopment master plan.
Additionally, the incentives are created to help finance public off site improvements
adjacent to redevelopment projects. With any development/redevelopment proposal
taking advanfage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
12-7H-3: Permitted and Conditional Uses; First Floor or Street Level:
A. Permitted Uses: The following uses shall be permitted on fhe first floor or street level
within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
5
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted on the first floor or street level
floor within a structure, subject to issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beautv and barber shops.
Conference facilities and meeting rooms.
Electronics sa/es and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge
dwelling units.
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
Chapter 12-16: Conditional Uses Permits (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
12-16-5: Planning and Environmental Commission Action:
A. Possible Range Of Action: Within fhirty(30) days of the application for a public
hearing on a conditional use permit, the planning and environmental commission shall
act on the application. The commission may approve the application as submitted or
may approve the application subject to such modifications or conditions as it deems
6
necessary to accomplish the purposes of this title, or the commission may deny the
application. A conditional use permit may be revocable, may be granted for a limited
time period, or may be granted subject to such other conditions as the commission
may prescribe. Conditions may include, but shall not be limited to, requiring specia/
setbacks, open spaces, fences or walls, landscaping or screening, and street
dedication and improvement; regulation of vehicular access and parking, signs,
illumination, and hours and methods of operation; control of potential nuisances;
prescription of standards for maintenance of buildings and grounds; and prescription
of development schedules.
8. Variances: A conditional use permit shall not grant variances, but action on a variance
may be considered concurrently with a conditional use permit application on the same
site. Variances shall be granted in accordance with the procedure prescribed in
chapter 17 of this title.
12-16-7: Use Specific Criteria and Standards:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
2. Beauty and barber shops: No exterior frontage on any public way, street,
walkway, or mall area is permitfed.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the Town of Vail Zoning Code regulations; and
The Town's land use regulations in the Commercial Core 1, Commercial Core 2,
Lionshead Mixed Use 1, and Lionshead Mixed Use 2 Zone Districts have incorporated
horizontal zoning since there creation. The majority of the land area currently zoned
Lionshead Mixed Use-1 was previously zoned Commercial Core 2. The primary
purpose of establishing horizontal zoning was to ensure that street and economic
vibrancy would occur at the pedestrian level.
Staff believes the applicanYs proposal to eliminate the use specific criterion for beauty
and barber shops would be contrary to the intent of the regulation that was adopted in
1981 which staff believes is still valid today. In reviewing the history of this regulation
the Planning and Environmental Commission and Town Council enacted this regulations
to respect a long entrenched goal of keep the pedestrian street level active and vibrant
thus resulting in energy and positive economic impacts. Staff believes the regulation, if
modified as proposed by staff will support the following goals of the Town of Vail Zoning
Code
"5. To conserve and maintain established communify qualities and economic
values.
7
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives."
Staff believes the prescribe regulations amendment as modified by staff retains the
intent, goals, and objectives of the existing regulation and furthers the general and
specific purposes of the Town of Vail Zoning Code horizontal land use regulations.
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
As stated in the previous criterion the goals and objections of horizontal zoning
regulations within the Town of Vail have been a mainstay since the adoption of the Town
of Vail Zoning Code. Staff believes the 1981 public hearings which resulted in the
adoption of Ordinance No. 18, Series of 1981 furthered this goal. Staff believes that
over the years with the creation of the Lionshead Mixed Use zone districts which
replaced Commercial Core II and the extension zoning of properties to Lionshead Mixed
Use zoning that the intent behind the existing use specific criterion for beauty and barber
shops was lost. Staff believes the intent was to restricted beauty and barber shops in
the cores of the two villages not prohibit the use on peripheral properties. Staff has
attached copies of the staff memorandum, Planning and Environmental Commission
minutes, and Ordinance No. 18, Series of 1981 for review (Attachment C)
Staff believes that the proposed prescribed regulations amend as modified by staff
complies with this criterion.
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
Since the adoption of Ordinance No, 18, Series of 1981 the Town has adopted the
Lionshead Redevelopment Master Plan and the associated Lionshead Mixed Use 1 and
Lionshead Mixed Use 2 which incorporated beauty and barber shops as a conditional
use on the first floor or street level. The Lionshead Mixed use zone districts were then
extensively implemented and encompass properties not within defined village cores.
Staff believes the changes since 1981 demonstrate that conditions have changed and
the existing regulations are no longer appropriate for an outlying property such as the
Ritz-Carlton.
Staff believes the proposed prescribed regulations amendments as modified by staff will
comply 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
The intent of the existing regulations restricting beauty and barber shops on the first floor
or street level was to result in a harmonious, convenient and workable relationship
among the horizontal land use in the village cores. Staff believes that these goals are
protected and furthered in the proposed prescribed regulations amendment as modified
8
by staff. Properties not located on a primary or secondary pedestrian mall as defined by
the Lionshead Redevelopment Master Plan have a much different relationships between
adjacent properties and land uses than those properties in the village cores. Staff has
attached a copy of Map P from the Lionshead Redevelopment Master Plan identifying
those areas that are Primary and Secondary Pedestrian Malls (Attachment D).
Staff believes the proposed prescribed regulations amendments as modified by staff will
comply with this criterion.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following criteria. Staff's recommendation is based upon
the assumption that the Planning and Environmental Commission have made a
recommendation of approval to the Vail own Council and that those recommendations
are adopted through ordinance by the Town Council.
1. Relationship and impact of the use on the development objectives of the Town.
Should the Town Code be amended as modified, staff believes the operation of a beauty
and barber shop will comply with the development objectives of the Town. The location
of the proposed beauty and barber shop within the Ritz-Carlton is currently at the
terminus of the pedestrian network of sidewalks leading to the Lionshead pedestrian
mall and thus does not have the characteristics of the locations within the Lionshead
core.
It should be considered that the space proposed for occupancy by the beauty shop was
located not only to comply with the Lionshead Mixed use 1 zone district, but with the
thought in mind that the land are to the west would likely redevelop in the future.
Currently the Town is reviewing proposals to construct a mixed use development called
Ever Vail on the property to the west. Ever Vail has evolved from having in excess of
100,000 square feet of commercial making it a destination commercial village core to a
proposal containing approximately 50,000 square feet of commercial largely to serve the
hotel and condominium occupants in the development. The Commission may wish to
place a time limitation on the proposed beauty shop land use in order to provide
flexibility into the future with regard to the tenant space land use.
Staff does not believe there will be any negative impact on the development objectives
of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences.
9
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences. Those utilizing the
beauty shop will either be walking to the location, staying at he Ritz-Carlton Residences,
or arriving by vehicle which will be valeted upon entering the port cohere. The proposed
tenant space was assessed the required parking for the proposed use during the review
of the major exterior alteration for the project.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Staff does not believe there will be any negative effect on the parameters identified in
the above criterion caused by the proposed beauty shop. The beauty shop is proposed
to go into a fully constructed structure with no new impacts that were not already
considered in the construction of the Ritz-Carlton Residences.
VII. STAFF RECOMMENDATION
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, of this request to the Vail Town
Council; the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, with modifications, to the Vail Town Council on prescribed regulation
amendments to Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail
Town Code, to develop criteria to allow for beauty and barber shops with exterior
frontage on a public way, street, walkway, or mall area, and setting forth details
in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed text amendment, the Community Development Department recommends the
Commission recommends the following modifications (text to be deleted is in
c4riLo+hrn�,,.h, text that is to be added is bold, and sections of text that are not amended
have been omitted):
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: (in part)
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone districts beauty and barber shops shall have no �le exterior
frontage on any public way, street, walkway, or mall area. is-�er�t�ed. Within
the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts
beauty and barber shops shal/have not exterior frontage on any primary or
secondary pedestrian mall as defined by the Lionshead Redevelopment
Master P/an.
10
Chapter 12-2-2: Definitions of Words and Terms (in part)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, 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 December
13, 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
goa/s, 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 healfh, 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."
The Community Development Department recommends the Planning and Environmental
Commission approves, with a condition the request for a conditional use permit. This
recommendation is based upon the review of the criteria described in Section VI of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve, with a
condition, this conditional use permit request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit, pursuant to Section 12-7H-3, Permitted And Conditional
Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber
shops, /ocated at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and
setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve, with a
condition, this conditional use permit request, the Community Development Department
recommends the Commission applies the following condition:
"1. This conditional use permit approval is contingent upon the adoption of the
prescribed regulations amendments modifying the conditional use permit use
11
specific criteria for beauty and barber shops through the adoption of an
ordinance by the Vail Town Council."
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of the Staff
memorandum to the Planning and Environmental Commission dated December
13, 2010, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permit is in accordance with the purposes of
the Zoning Regulations and the Lionshead Mixed Use 1 zone district.
2. The proposed conditional use permit and the conditions under which it will be
operated or mainfained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
VIII. ATTACHMENTS
A. ApplicanYs request entitled Text Amendment dated November 17, 2010
B. ApplicanYs request entitled Conditional Use Permit dated November 15, 2010
C. Staff memorandum, Planning and Environmental Commission Minutes, and
Ordinance No. 18, Series of 1981
D. Lionshead Redevelopment Master Pan Map P identifying the Primary and Secondary
Pedestrian Malls
12
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Text Amen ment
Chapter 12-16-7: Use Specific Criteria and Standards
eeauty and Barber Shops
Submitted: November 17, Z010
� .
u
Mauriello Planning Group
Attachment A
,
Introduction
RCR Vail, LLC, herein referred to as "The Applicant," represented by Mauriello Planning Group is
requesting a text amendment to modify the language of Chapter 12-16-7: Use Specific Criteria and
Standard. Specifically,the language regarding "Beauty and Barber Shops" which states:
Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is
permitted.
Chapter 12-2: Definitions of the Vail Town Code provides multiple definitions of a barbershop and one for
a beauty shop as follows:
BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of
human hair.
SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of
cosmetology, including hair, nail and skin care.
The use specific criteria that no beauty shop can have exterior frontage on any public way, street,
walkway, or mall area, and yet is a conditional use on the first floor creates a challenging situation. This
would clearly limit the ability to have an entrance at all. This specific provision of the code was originally
adopted in 1981 by Ordinance No. 18, Series of 1981, and moved into the Use Specific Criteria in 1998.
The provision was only applicable to the Commercial Core 1 district but as a consequence of it being move
to chapter 16 was that it is not applicable in other districts. Additionally, the business model of a beauty
shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to
stations for cutting hair. Now, substantial area is devoted to sales of products, ranging from hair care
products to clothing, and the line between beauty shop and retail store has blurred. As a result of this
shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a
beauty shop from any visible frontage.
The use still requires a conditional use permit on the first floor, so the PEC still has the ability to evaluate
the location and layout of the use if there are those concerns with an application.
The proposed text amendment is to eliminate the use specific criteria associated with Beauty and Barber
shops, as indicated below (text to be eliminated is indicted in s�+lEe-t�e�g�):
. . , , ,
��
No other changes are proposed at this time. A Beauty and Barber Shop remains a Conditional Use in the
following zone districts:
• Commercial Core 1
• Commercial Core 2
• Lionshead Mixed Use 1
• Lionshead Mixed Use 2
A "Beauty and Barber Shop" is a permitted use in the following zone districts, and are not subject to the
use specific requirements.
• Commercial Core 3
• Commercial Service Center
• Arterial Business District
Text Amendment-eeauty and earbershop Z
Criteria for Review
The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The
Applicant's analysis of conformance with the criteria follows:
A. Factors Enumerated: Before acting on an application for an amendment to the regulations
prescribed in this title, the planning and environmental commission and town council shall consider
the following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific purposes of the
zoning regulations
Applicant Analvsis: Chapter 12-1-2: provides the general and specific purposes of the Zoning
Regulations:
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.
8. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic,flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance rhe appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
naturalfeatures.
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.
While not all of the purpose statements are applicable to this applicant, this text amendment
furthers many of the above statements, specifically the following:
5. To conserve and maintain established community qualities and economic values.
Text Amendment-Beauty and Barbershop 3
The proposed amendment encourages additional sales-tax revenue generating businesses to
occur in locations where they are most desired - in the commercial areas of Town. These
businesses provide much needed services to many vacationers, encouraging visitors to stay and
spend money in Vail. In addition to visitors, these are services that have largely moved from
Vail and many locals are forced to get their hair done and buy hair products outside of the
Town.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
This amendment allows for the business community in Vail to create better synergy among
land uses. Beauty shops keep people in Vail, and a hair cut is often followed by additional
shopping or eating. This creates a harmonious, convenient, and workable relationship among
land uses.
8. To safeguard and enhance the appearance of the town.
Finally, the review of the conditional use permit allows the Planning and Environmental
Commission to ensure that the appearance of the Town is enhanced by this activity, as it has
ultimate review authority on a conditional use permit, and can set appropriate conditions on
any proposed beauty shop.
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
Applicant Analvsis: The various master plans that make up the Vail Comprehensive Plan have
been reviewed and the following goals and policies are applicable from these documents:
Vail Village Master Plan:
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 WHULE.
Vail Land Use Plan:
1. General Growth! Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
Text Amendment-Beauty and Barbershop 4
2. Skier/Tourist Concerns
2.1. The community should emphasize its role as a destination resort while accommodating
day visitors.
2.5. The cammunity shouid improve non-skier recreational options ta improve year-round
tourism.
3.4. Commerciai growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
Lionshead Redevelopment Master Plan:
2.3.1 Rene�ti�al ancl Recie�elopment
Lionshead can and should be rene«red t1IlCI redeveloped ta becoitie a war7ner, inore
vibra�it en�-iroimieut for �iests aud residents. Lioi7sheacl neecls a� appealuig aiid
eoherent icientity. a sefise of place, a personaliry. a piupose, anci a2i improveci aestlietic
character.
As each of these plans state, Vail should offer additional activities for guests and residents.
This amendment furthers the stated goals of the Vail Comprehensive Plan.
3. The extent to which the text amendment demonstrates how conditions have substanfially
changed since the adoption of the subject regulation and how the existing regulafion is no
longer appropriate or is inapplicable
A�plicant Analvsis: This specific provision of the code was originally adopted in1981, and
moved into the Use Specific Criteria in 1998. In such time, the business model of a beauty
shop has dramatically changed. In the past, the area of a beauty shop was almost entirely
devoted to stations for cutting
._ ..
hair. Now, substantial area is ��'��� :� ��� � ��� ��� ��� �� �
devoted to sales of products,
`
ranging from hair care products ``�'�� • �'�� � . "� �_� .
to clothing, and the line between `��� � "��� � � ��.
beauty shop and retail store has � ��, �1 ��� � :: � �-� � ��
blurred. As a result of this shift -- _ '� �'
'� �- �;� ��' �, =--�.
in the business of beauty shops, ��, �` t� �� , �° '�
it is now time for an amendment ���� � � �� �� �
��. . �s � � �
to this criteria which prohibits a �°u' � � ��� ����
k� �� ,
beauty shop from any visible °��`" -�� ' �, � ��_�� �.�;:,�`� �
frontage. � � ` � �
4 { �.
In addition to changing trends in
the business model of a beauty � , ..�_ . _.,... _ .,, �,� .
shop, it is important to note that � �
the desires of visitors to Vail have
also changed. As the skiing population ages, many visitors to Vail are looking for alternative
activities to include in their ski vacation. Spa services, including hair services, manicures,
Text Amendment-Beauty and Barbershop 5
pedicures, facials, and body waxing, have become expected activities for vacationers, rather
than relying on these services to occur at their primary residence.
A "beauty and barbershop" is a conditional use on the first level in the Commercial Core and
Lionshead Mixed Use zone districts. This allows the Town, through the review of the
conditional use permit, to ensure that the proposed location within a project and/or site is
appropriate for this use.
Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a
"beauty and barbershop;' limiting its location to the following:
Beauty and barber shops: No exterior frontage on any public way, street, walkway, or
mall area is permitted.
Eliminating this language allows the Planning and Environmental Commission, through the
review of a Conditional Use Permit to determine if the use and location is appropriate. It also
allows the Planning and Environmental Commission to set certain restrictions on the use,
including but not limited to the following:
• Require a substantial retail presence along the Frontage
• Place a limit the number and area of stations
• Require that the stations be set back a minimum distance from display windows
Any modifications to an approved plan would require an amendment to the conditional use
permit, and would therefore be reviewed by the Planning and Environmental Commission (or
staff when applicable.)
4. The extent to which the text amendment provides a harmonious, convenient, workable
relationship among land use regulations consistent with municipal development objectives
Applicant Analvsis: This amendment allows for the business community in Vail to create better
synergy among land uses. Beauty shops keep people in Vail, and a hair cut is often followed by
additional shopping or eating. This creates a harmonious, convenient, and workable
relationship among land uses.
5. Such other factors and criteria the planning and environmental commission and/or council
deem applicable to the proposed text amendment
A�plicant Analysis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit:
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
Text Amendment-Beauty and Barbershop 6
2. That the amendment furthers the general and specific purposes of the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort and
residential community of the highest quality.
Text Amendment-Beauty and Barbershop 7
�:•
- ;� • (a ;• �
� ���
ORDIIdANCE #18 `�-'�.r'"`' �,'
(Series of 1981) r 1_�._.. �
.•��p;-��,! �
k�.b�ii�� t:l� �u'ei�u'
AN ORDINANCE AMENDING SECTION 1 8.24.030 75 s.���nta�*e road
PERMITTED AND CONDITIONAL USES - F[RST vail,colorado II1657
FLOOR OR STREET LEVEL - OF THE MUNICIPAL ;;'��c:: of!;;;n c;zr9c
CODE OF THE TOWN OF VAIL, COLORADO: MAKING
' BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS
P'IRST FLOOR OR STREET LEVEL CONDITIONAL USES
I N COMMERCIAL CORE I AND COMMERCIAL CORE I I
ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE
ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET,
WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTII
DETAILS THERETO.
WHEREAS, the Town Council believes that barber shops, beauty
shops and beauty parlors are acceptable first- floor or street
level conditional uses so long as they do not have any exterior
frontage i n any public way, street, walkway, alley or m a I 1 area;
and,
WHEREAS, they believe such an amendment to the zoning
ordinance w i 1 I benefit the public health, safety and welfare of
the inhabitants of the Town of Vail.
BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN
; OF VAIL, COLORADO,THAT:
� Section 1. 18.24.030, C is hereby repealed and reenacted as
; follows:
f 18.24.030 C. The following uses shall be permitted on the
�.
first floor or street level floor within a structure, subject to
I
j issuanCe of a condi[ional use permit in accordance with the pro-
visions of Chapter 18.60:
��` (1) Liquor stores;
I
� (2) Banks and financial institutions;
�: (3) Household appliance stores;
I, (4) Radio and TV stores and repair shops;
I
(5) Time-share estate units, fractional fee units, and
1
4
itime-share license units;
i' (6) Barber shops, beauty shops and beauty parlors so
; long as they do not have any ehterior franta�e oti
j t�ny public way, street, W1IICWAy, or mall area.
I
�: ,�hA
i e i`,�p�� �1
; �:��� a� ����y t
� 75 s.frontage road
vail,ca!orado 82657
j. o!fic�c�town derk
�
� � �
�
Section 2.
' If any part, section, sub-section, sentence, clause or phrase
of this ordinance is for any reason held to be invalid, such decisions
shall not effect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordinance,
and each part, section, sub-section, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, sub-sections,
sentences, clauses, or phrases be declared invalid.
Section 3.
The Town Council hereby iinds, determines and declares that
this ordinance is necessary and proper for the health, safety and welfare
of the Town of Vail and the inhabitants thereof.
Section 4.
The repeal or the repeal and reenactment of any provision of
the Vail Municipal Code as provided in this ordinance shall not affect
any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commended, nor any
other action or proceeding has commenced under or by virtue of the
� provisions repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance
. previously repealed or superceded unless expressly stated herein.
INTTZODUCED, RFAD ON FIRST READING, APPROVID AND ORDERED PUBLISHED
i
;
ONCE IN FULL THIS 7TH DAY OF APRIL, 1981, AND A PUBLIC HEARING ON THIS
!- ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE 'I�JI�N COUNCIL OF
i;
i
' 'II-IE 'IaJI�I OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981.
(
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ATTEST .
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INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of
April, 1981, and ordered published by title only.
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ATTEST :
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on ifiona se Perm � t
Bout►'que and BeautyShop in LMU-1
Ritz Carlton Residences
November 15, 2010
Vi4I L R E RT�� � �
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- ` �-'� � r� r- �. ; - �,�<. -� h ., , . �
' ` ' Mauriello Planning Group
Attachment B
Introduction
RCR Vail, LLC, herein referred to as "The Applicant;' represented by Mauriello Planning Group is
requesting a conditional use permit to allow for a "Beauty and Barbershop" on the first level of a
building in the Lionshead Mixed Use-1 zone district, in accordance with Sections 12-7H-3 and 12-16-7
of the Vail Town Code.
The Town of Vail provides a definition of a "barbershop" as follows:
BARBERSHOP:A commercial establishmen[whose primary business is the cutting and/or styling of
human hair.
The Applicant is proposing a combination of a boutique and beauty shop. The majority of the space
will be dedicated the retail sales of beauty supplies, make-up and skin care products, along with
clothing and lingerie. The entire space is approximately 786 sf. The floor plan of the space is provided
below:
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Ritz Carlton Residences-CUP for Beauty and Barbershop 2
Criteria for Review
A "Beauty and Barbershop" is listed as a conditional use listed in the Lionshead Mixed Use-1 zone
district. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town
Code. The purpose of this chapter is as follows:
12-16-1:PURPOSE;LIMITATIONS:
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are
permitted in certain districts subject to the granting of a conditional use permit. eecause of their unusual
or special characteristics, conditional uses require review and evaluation so that they may be located
properly with respect to the purposes of this title and with respect to their effects on surrounding
properfies. The review process prescribed in this chapter is intended to assure compatibility and
harmonious development between conditional uses and surrounding properties and the town at large.
Uses listed as conditional uses in the various districts may be permitted subject to such conditions and
limitations as the town may prescribe to ensure that the location and operation of the conditional uses
will be in accordance with development objecfives of the town and will not be detrimental to other uses
or properfies. Where conditions cannot be devised to achieve these objectives, applications for
conditional use permits shall be denied.
The review criteria for a condifional use permit are provided in Section 12-16-6 and are listed below.
The Applicant's analysis of conformance with the criteria follows:
A. Factors Enumerated: Before acting on a conditional use permit application, the planning and
environmental commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objecfives of the town.
Applicant Analvsis: A "beauty
and barbershop" is a -
conditional use on the first level
in the Lionshead Mixed Use-1
zone district. This allows the -
Town, through the review of
the conditional use permit, to �
ensure that the proposed
location within a project is
appropriate for this use. The
proposed use is a combination � ��. _ ,
of a retail space, with �� _ _ �I� �
approximately 500 sf dedicated � � Retail
to the sale of beauty supplies, � �
make-up and skin care ,
products, clothing, and lingerie; Stafions
and a beauty shop of �
approximately 286 sf dedicated �
to the cutting and/or styling of
human hair, as indicated in the
plan.
Ritz Carlton Residences-CUP for Beauty and Barbershop 3
Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on
a "beauty and barbershop;' limiting its location to the following:
Beauty and barber shops: No exterior frontage on any public way, street, walkway, or
mall area is permitted.
As proposed, the area dedicated to the retail portion of the business will be located on
along the frontage of West Lionshead Circle, while the actual service of styling hair will
occur off of any exterior frontage on any public way, street, walkway, or mall area. The code
provision was likely developed to prevent services uses like a beauty shop from taking over
vital retail locations in the Lionshead core area. The Ritz is located in an area with very little
pedestrian traffic and therefore such a location will rely more on destinafion visitors to the
proposed space within the Ritz Carleton. As shown on the elevation below, there is very
little window exposure of this space to the pedestrian and the entry to the space is located
five steps above grade with separation of a ramp railing and a landscape planter. That said,
the space has been designed so that the primary use as a retail store (selling beauty
products, make-up and skin care products, clothing, and lingerie) is located along the
frontage of the space implementing the goal of this provision. The proposed space is
indicated in the plan below:
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Ritz Carlton Residences-CUP for Beauty and Barbershop 4
From the exterior, the space appears as provided below:
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Any modifications to the approved plan would require an amendment to the conditional use
permit, and would therefore be reviewed by the Planning and Environmental Commission.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
Applicant Analvsis: The proposed use has no impact on the above-referenced criteria. This
space was previously assessed for parking at a rate of 2.3 spaces per 1,000 sf of net floor
area. As a result, the parking requirements for this use have been met and will have no
effect on public parking needs.
3. Effect upon traffic, with parficular reference to congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal of
snow from the streets and parking areas.
Applicant Analvsis: In the review of the Ritz Carlton Residences, this space was identified as
a commercial use, and as a result, it was factored into the traffic counts and impacts of the
entire project.
Ritz Carlton Residences-CUP for Beauty and Barbershop S
4. Effect upon the character of the area in which the proposed use is to be located, including
the scale and bulk of the proposed use in relation to surrounding uses.
Applicant Analvsis: No modifications to the existing Ritz Carlton Residences is necessary for
the proposed "beauty and barbershop:' The proposed use has no impact on the scale and
bulk of the building. The use itself will provide a service to residents and visitors to the Ritz
Carlton Residences, along with those staying in the general vicinity.
5. Such other factors and criteria as the commission deems applicable to the proposed use.
Applicant Analvsis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
6. The environmental impact report concerning the proposed use, if an environmental impact
report is required by chapter 12 of this fitle.
Applicant Analvsis: An environmental impact report is not required for this application.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title and the
purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
,
Ritz Carlton Residences-CUP for Beauty and Barbershop 6
Ad'acents CAREY, ROBERT B.
1 6912 E HUMMINGBIRD LN
2101-072-13-001 PARADISE VALLEY,AZ 85253
VAIL CORP
THE FIXED ASSETS DEPARTMENT 210107222007
390 INTERLOCKEN CRESCENT STE 1000 SHARE SYNDICATE XIII LLC
BROOMFIELD,CO 80021 ALISON BUCHHOLTZ
675 LIONSHEAD PL
210107216001 000846 FOREST RD VAIL,CO 81657
EAGLE RIVER WATER&SANITATION DIST
846FOREST RD 210107222008
VAIL,CO 81657 JANICE SAUVAGE TRUST NO 1
8650 W TROPICANA AVE 208
210107217002 000728 LIONSHEAD CIR LAS VEGAS,NV 89147
VAIL CORP
PO BOX 7 210107222006
VAIL,CO 81658 SCHICIANO, KENNETH
43 HIGHGATE RD
000710 LIONSHEAD CIR WELLESLEY, MA 02481
VAIL SPA CONDOMINIUM ASSOC
710 W LIONSHEAD CIR 210107222005
VAIL,CO 81657 5 GCP INC
AV CHAPULTEPEC 18 COL DOCTORES
DANN PETER -Registered Agent MEXICO DF
PO BOX 5480 MEXICO
AVON,CO 81620
2103-014-01-068
210107217002 TELLEEN,DANIEL E.
RCR Vail LLC 122 E MEADOW DR
390 INTERLOCKEN CRESCENT STE 1000 VAIL,CO 81657
BROOMFIELD,CO 80021
2101-063-03-015
210107222004 JOSEPH 0. BROUGHTON TESTAMENTARY TRUST
JPSSE VAIL IMMOBILIERE LLC 240 ASH ST
RUBEN DARIO 115 TORRE 2 DENVER,CO 80220
602 MEXICO D.F.CP 11580
M EXI CO 2101-063-03-016
BROUGHTON,JOSEPH 0.,JR&LINDA K.
210107222003 240 ASH ST
3 GCP INC DENVER,CO 80220
AV CHAPULTEPEC 18
MEXICO DF 06640 2101-063-03-014
MEXICO RICHARD E. &MARTHA GRIFFITH OEAN TRUST, RICHARD E.
&MARTHA GRIFFITH DEAN TRUSTEES
210107222002 PO BOX 970
MARK GREENHILL REV TRUST- ELIZABETH GREENHILL REV TONGANOXIE, KS 66086
TRUST-MARK GREENHILL FAMILY DESCENDANTS TRUST
153 SHERIDAN RD MAURIELLO PLANNING GROUP, LLC
WINNETKA,IL 60093 POST OFFICE BOX 1127
AVON,CO 81620
210107222001
� r
2101-072-11-032 2101-072-21-003
VAIL RESORTS DEV ARKW FUNSKI LLC
THE FIXED ASSETS DEPARTMENT 3600 N CAPITAL OF TX HWY
390 INTERLOCKEN CRESCENT STE 1000 BUILDING B STE 320
BROOMFIELD,CO 80021 AUSTIN,TX 78746
2101-072-23-001 2101-072-21-002
WDL VAII CONDOMINIUM ASSOCIATION, INC. ROCALLOSAS LLC
GRAHAM FRANK MARGARITAS 433
POST OFFICE BOX 959, COC. EX HACIENDA CHIMALISTAC
AVON,CO 81620 MEXICO DF CP 10150
MEXICO
THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION
728 W. LIONSHEAD CIRCLE 2101-072-21-006
VAIL,CO 81657 THOMAS J. KLUTZNICK TRUST
380 GILPIN ST
GORE CREEK PLACE,LLC DENVER,CO 80218
390 INTERLOCKEN CRESCENT,
BROOMFIELD,CO 80021
2101-072-21-004
2101-072-14-004 MIDDLETON,JOHN S.&LEIGH P.
INTERVEST 8183 LLC Owner Address 343 AVON RD
1133 E 33 PL BRYN MAWR, PA 19010
TULSA,OK 74105
2101-072-21-005
ORTEGA,JOSE&LETICIA
2101-072-14-003 CAMPOS ELISEOS 223
NIELDS,MORGAN W. COL POLANCO MEXICO DF 11560
4 SUNRISE DR MEXICO
ENGLEWOOD,CO 80110
2101-072-21-007
2101-072-14-002 SEPIC GORE CREEK PROPERTIES LLC
KIEKHAEFER,FRED 2500 CHERRY CREEK DR S 203
N 7480 COUNTY RD UU DENVER,CO 80209
FOND DU LAC,WI 54937
2101-072-21-008
2101-072-17-001 JAYDEN DEVELOPMENT LLC
DIAMONDROCK VAIL OWNER LLC 1031 EXCHANGE EXPERTS
DIAMONDROCK HOSPITALITY CO 5600 GREENWOOD PLAZA BLVD STE 200
6903 ROCKLEDGE DR STE 800 GREENWOOD VILLAGE,CO 80111
BETHESDA, MD 20817
Vail Marriott�Mountain Resort&Spa
715 West Lionshead Circle
Vail,Colorado 81657 USA
2101-072-21-001
SMITH, ROBERT&MICHELLE
934 GOLDENROD LN
LAKE FOREST, IL 60045
Ritz Cariton Residences-CUP for Beauty and Barbershop 8
MEMORANDUM
� 'F`0: Planning and Environmen�al Comrni.ssion
FROM: Department of Co�nunity Development/Peter Patten
DAT'�: . 1/19/81 .(shoul.d be 2/19/81)
SUBJECT: Kar1 Hoevelmann request for an amendment to the Condxtional Use Section
of t e�C-ommercial Core_.._I Zone Distri.ct to a11ow. barber shops...�.nd beauty
shops as permitted use�, subject to a Condztional iIse Permit.
BACKGROUND OF REQUEST
This request stems directly from Mr. Hoevelma.nn's wish to conver� a small, circular
retail space neax the street J.evel entrance of the Gold Peak House to a beauty salon.
Presently, beauty and baxber shops are aiiowed on any floor except street leveZ, as
per Ordinance 8 of 1973.
A revi.ew of the pexmit�Ced uses in CCI clearly indicates the intent to 1�nit thi.s level
to retail, taurist-oriented shops. Personal service and affice uses were purposely
l.eft out of the permitted uses for street leve3.. The request is to allaw �he beauty
and barber shop use on street 3.eve1 with the a.ssuance of a Conditional Use Permit.
On Janua.ry I2, 1981, Karl Hoevelmann appeared be£ore the PEC to discuss the issue o£
t�e Planning Department's disa�proval of his request to ha.ve a beauty shop in the space
� formerly occupied by the Sugar Aaddy. irz �the Gold Peak Housa. It was stated at that
time, that the only way �or Mr. Hoevelmann to be allowed his beauty shop i.n that space
was to have �he zoning code amended for street 1eve1 uses in Cammerca.al Core I. Two
issues were focussed on during that PEC discussion:
1. Was a beauty shop an appropxiate use on street level in the CCI Zone Distric�?
Should there be a reconsideration of tha.s and other issues xegarding harizontal
zoning in both Cores?
2. Ts there a diffexence in the irnpact and agpropra.ateness of a use when one differen-
tiates between direct street frontage space and off-street, interior space with
no s�reet frontage?
Discussion o� these ztems produced no defin.ite da.rection or decisions. The PEC felt
that these issues should be discussed at the joint P�C arid Town Council work session
which took placa the followxng day. T12e opinions at that meeting were basically that
no major changes in the horizontal zoning regul.atians shauld be made a�C th.at t�me,
but that a 90--day period be set aside �Co study it to explore the possiblaties for cY�ange.
Alsd, no request was made to direct the Stiaff to change the code so that beauty shops
wouxd be permitted on street level in CCI and CCZI.
Obviously, we are being asked to act on rhis request befoxe tha.t overall review can
take place. Thus, the following represents the staff position on �he issue at hand
at this time.
'
Attachment C
Hoevelmann - 2 � 2/I8/81
RECON�IENDATION
• We feel there is merit in examining �he differentiation of impact of a use when it
does not nave direct s�reeti £rontage on a major ped.estrian way. A beauty shop may
be detrimental to the gaals of the original horixontal zoning ordinance if it would
� appear, for example, in the space that now occupies the Mug Shop or Bxidge Street Inn.
! However, iF i.t occurs �n an interior lobby spac� of the Lodge at Vazl, the negative
� effects are significantly reduced or eliminated and no. compromising of the objectives
; of �he regulation are xealized. The underlying premise here :is that major pedestrian
ways should be fronted wi�h reta�.l. tourist-oriented shops �ecause. they draw and attrac
interest and sales "vbltimes - they must be highly visible:�,-; Interior, ta�obvious spaces
within hotei lobbi.es ar interior arcades are not drawing people to them on their awn--
the people usually ha.ve a specific reason or purgose ather than sightseeing to enter
these areas. T'hus, certain uses may be appropriate for these s,paces wherein they woul
not be appropriate for highly visible major street frontage spaces.
Addressing the other issue of whether ox not the beauty shop use was apprapriate for
street level, we feel it would be if it met the locational cr�.teria of being o£f-stree
interior space. .. The requirement would be that the proposed. space would not contain
any street frontage on a majax pedestrian way or outdoar mall area. The space must
have access only from an intexa.ox lobby or arcade-type area. We would propose that
the Conditzonal Use Permit Factors be amended so that barber anc3 beauty shops requesti
a Conditonal Use Permi� in CCZ and CCII, be requixed to meet these locational criteria
before the permit c�uld be granted.
We feel that this may no� be tlte only use to fa11 within this new locational criteria
� and look £orward �o a more complete review of other uses which ma.y be in a similar
� situation. This rev�.ew is upcoming soon, when we take a tota]. look at horizontal
zoning.
• In conclusion, we would recommend the approval of the Hoevelmann request with the cond
tion that Section 18.60.060 Criteria-Findings -for Conditional Use Permits be amended
so that under paragraph A, a number 8 would be added to read:
. 8. No Conditional Use Permit wiZl be approved for barber ox beauty shops on first .
or s'treet level in wi�her Commercial Core T ar Comt�ercial Core TT unless the
; applicant has demonstrated, to the Community Develvpmen� Department's satisfact.
that the space in question contains no exterior frontage on a major pedestrian
or vehicu].ar way or public ma11 area.
�
W�INSHIENit, MlLLER, BORUS & PERMU'r
ATTOF2tdEY5 AT I.AW
M 2200 LINGOLN CENTER BUILDING
HUBERT T.WEINSHIENK
H.MICHAEL MILLER 1660 LINCOLN STRHET vp��,OFFICE
J49EPH 3�BORU9 D�NVER,COLORADO 802F� VA�L NA710NAL BAMK BU�lUtNO
BARRY PERMUT . P.O.90x 35t0
VA1��COLOqA00 51057
EOwAlio w.gTERN TELEAHONE(3035 86t-4555 T�LEpHONEp0�476-106C
JAMEB A.JACOSSON
January 26 � 1981
Mr. Dick Ryan
Director of Community
Development
Town of �Tail
Vail, CO 81657
Re: Karl Hoevelmann - Condominium Unit No. 103
Golden Peak House Building
Dear Mr. Ryan:
Tn connection with the prab].em encountexed by Karl
Hoevelmann in establishing his barber and beauty shap in �he
Golden Peak Hause Building anc3 £ollowing our discussion of this
matter, I believe that the most efficzent way �o propose an
amendment to the Zoni.ng code which would al�ow Carl to use the
' condominium space for his beauty anc� barber shop is to create
two additional categories oE conditiona3. uses i.n the "CC-1"
dis�rict for barber shops anc� beauty shops. Rarl could then
apply �or the necessary conditional use pexmit if the amendmen�
were passed.
By maki.ng barber shops and beaUty shops conditional
uses, the town can continue to maintain control over street
level uses, and avoid having these types of uses proliferate as
a matter of right. Furthermore, the amendment to the zoni:ng
code requirec� to make this change is simple and �ree of the
danger of having unknown futtare ramifications. TCar�, however,
would be permitted to use his space as he desires if he can
satisfy this criteria for a conditional u5e.
Consequently, I suggest �hat an amendment be pxepared
to Chapter 18.24.030(c) of the Town o� VaiJ. 2oning Ordinance
adding �he �ollowing subsections 5 and 6 :
"5. Barber Shops.
6. Beauty Shops. "
'
.
� W�INSHIENf(,MILLER, BORUS & PERMUT
, Mr. Dick Ryan - 2 - January 26 , 1981
I€ I can proviae any a�sistance in preparing or
processing the proposed amendment to the Zoning code, please c3o
not hesi�ate to communicate with me.
Ver trul.y yours
G��f �P
Hubert T. Weinshienk
HTW:tjw
cc: Mr. Kar1 Hoevelmann
,
�
, L/��y� z-- ��{..`� ;'`�'� �
� 4207 East Columbine Drive No. 5 ' �
Vail., Colorado 81657
Deoe�nber 23, 1980
Mr. Gerry Whi.te . �
C.�airn�ui af Planning and Enviro�mental Coffrmission
Vail Municipal Building
75 South Fro�ntage I2pad
Vail, Colorado 81657
Dear Mr. White:
As owner of Unit No. 103 in the Golden Peak House Bu.i�lding (Lodge Lobby} ,
I arn suLrr�tti.ng this lettex for yaur aonsideraticrn in granting me the zon.ing
permit for licesLSe needed �to apen my aan Barb�x and Beaut� Shop in fhe
above rn�n'tioned space.
� Sa�ne time back I visited with Zani.n_q �3ministrator, Mr. Jim �zben, and
explained to him the remadeling � wished to do in this spaoe for the
pu�ase of op�ing Up a Baxber and Beauty Shop. This remodelina consisted
o£ plunbing wor]c necessary �ar my shop, clase and mave sane of the snall
windaws, and other carpenter work. Mr. Rubin was familiar with the space,
which had been occ.-�ied by the business, "The Sugar Daddy." I asked him for
advice concernina reg�ulati.ons, perrnits etc, and T assu¢ned he w�u1d have
given rr� all the infoxmation I needed to ]ffiow for this type ot change.
He to�d me that 2 did not need a permit for changes such as this since they
waere being �e inside the btzi.lding, and that he could see nothing that
wcruld prevent my apening a shop.
After my vi.sit to Mr. Rubcn's, I proceeded wi�h �-he reqrx.x�el.ing of my property.
I �n now aoanni.tted t�o approximately $20,000 which includes t-he re�nadeling plus
new furnitwre, light fa.xtures, and equipment. Feeling confident that bec,ause
Z had follawed Mr. Rubin's instxuctions, I w�nt to the Taan Hall twc� w�eks
ago to ob�in my town licpa�se for apening my shap and was to#:ally sYrxked
when I was told by Mr. Peter Patten, the new president of Th.e Zbwn of Vail
Planning and Environme.ntal Oa�unission, that it was prohibitive for me to
obtain my license due to technical reascming tha� the shap would be st�ceet
level.
Aiong with the above infox7natianal material, 2 would Like to cite the
£ollawing facts that I believe cansti�ute valid reasons ��r my being granted
�
� Mr. Gerry White . .
Decernber 23, I980 '
Page 2
a t�awn license far openang my shop. :
I. The c�rcial space is approximately 24 fee� away fran �he street
].ine, inside the C�olden Peak House Building (Lodae IAhby) and the
space has its own separa�.e entrance.
TI. Due to the �fact that the space is round and consists of only 150 ,
squ,are feet, it is nat suitable for �nost busi.nesses cafiegorize�l '
as street level. .
III. GonditionaJ. uses--Factors applicable (see Page 350 of Corm�rcial
Core 3. (CCI) Distric�. My propPxty ca�Iies with th�e restrictions.
IV. Since the time this building was cc�npleted and accimancy Was .
granted, there has bee.n a beauty shop housed �.n it. The shap
moved anly 24 months age. (Lady Vai1)
V. There is a definite need for a facili.ty such as my proposed �e,
since there is not one on the sQUth side of Gore cYeek. La Coiffure
in the Sitzmark Loc3ge was street leve]..
�� VI. The Golden Peak House Condaminitam Association has given fiheir
appraval for such a shop.
VII. T'he State Baard of Oos�tAlogy has gz'anted me license for a shap.
My fami.ly and I hav+e lived in Vail for seven and one-half years, and this
is a critical point far us. Much of oux future depends upan yo�r decision.
I w�uld deeply apprecia�e every aonsideration given me.
Sincerely,
Karl Hoevelmann
cc: Gaynar Miller
Dan Coro�ran
Roger Til.kgneir
Duane Piper
Jim Morgan .
Scott Edwards
i
January 6, 1981
�
Mr. Gerry Wl�ite
Chairman of Planning and Environmental Commission
Town a� Vail
7S South Frontage Road West
Vail, Colorado 81657
Dear Gexry:
I would �ike to respond to the December 23, J.980 J.etter £xom
Karl Hoeveimanrt.
My recollection of my visit with him is considerably differen-C
from what is stated in ha�s Iettex. A9y recollection is that he
asked me if he cou2d put plumbi.ng a.n the Sugar Daddy Boutique,
but at no time mentioned that he intended to change its use inta
a barber and beauty shop. I even remember asking him what the
plumbing was for, and remember his answer to be that he was planning
on putting a sink in the boutit{ue.
This meeting did happen a while ago, and I don't completely. re-
member the visit. This is, however, my best reeollection of what
Karl and I discussed.
�, Sincerely,
,�.�.��r�.;'7/�-G� !"�,�
AMES A RUBIN
Former Zoning Administratax
JAR:bpr
Duane Piper requested tha� the staff check a motion made by Dan Corcoran concerning
the exterior altera�ion and modification and height variance;of the Sitzmark building,
to see whether or not it included the condition.of. .�articipating in the Vail Village
improvement district.
• Dan Corcoran moved to approve the minutes subject to the correction above, and
Scott seconded the motion. The vote was 7-0, unanimous.
2. Weinshienk-Hoevelmann re uest to allaw barbcr and beaut shops on street level
in CCI Zone District.
Pe�er Patten descxibed the expansion o£ the iss.ue from the original xequest on l/12/81,
as stated in the memo of 1/19/81. (The correct date on the most recent memo should
have read 2/19/81) . He added that interior spaces do nor per�orm the same functions
as those directly on the street. He recommended approval n£ the Hoevelmann request
with the amendment of Section I8.060, paragraph A to add:
8. No Conditional Use permit wi11 be approved for barber or beauty shops on firs�
or street level in either Commercial Core I or Comaaerczal Core II unless the applic�
has demonstrated, �o tho Cammun�ty Development Department.'s satisfactxon, that
the space in ques�ion contains no exterior frontage an a ma.jor pedestrian or vehi-
cular way or public mall.
Barry Permut representa.ng Mr. Hoevelmann, stated that Mr. Hoevelmann agrees with the
staff on the wording of the amendment. He added that he felt there was also a hardship
in this case.
Discussion fo2lowed concerning whether or not the amencinent should cover a broader use.
Finally, Jim Morgan moved, and Roger seconded to reco�mnend to the CounciJ. an amendment
� to Conditiona� Uses on street le�e1 in CCI and CCII to allow personal services as define�
in the Code as condita.onal uses with the added provi�i�n of No. 8 as defined in the
memo dated 1/19/81. The vote was 5-2, with Dan and Gaynox voti,ng against. Motion
passed.
�- -� ,
• � �
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ORDINEINCE #18 '�.. �s
(Series of 198�) �!,,,e7�.��.._.. : ,
kfah���� �:{� �L'<.��u '�
AN ORDINANCE A�iENDING SECTION 18.24.030 75 s. �-�nt<j�e ro;
PERIviITTED AND CONDITIONAL USES -- FTRST '��i�• colorado 8]
FLOOR OR STREF'�,T LF.�,Vk',L - �F THE MU�IICIPAL �������� ?�f F�����f�.Cic?
CODE OF THE TO�YN OF VAIL , COLORADO; 1�AKING
BARBER SHOPS , BEAUTY SHOPS AND BEAUTY PARLORS
I`IRST FLOOR OR STREET LEVEL CONDITIONAL USES
IN COMMERCIAL CORE I AND COMMERCIAL CORE II
ZONED DISTRICTS , SO LONG AS THEY DO NOT HAVE
ANY EXT�RI�R FRONTAGE ON ANY PUBLIC WAY, STREET ,
WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTTI
DETAILS THERETO.
WHEREAS, the Town Council be�ieves that barber shops , beauty
shops and beau�y parloxs are acceptable �irst-floor or street
level conditional uses so long as -�h�y da not have any exterior
frontage in any public way, street , walkway, alley or maJ.l area;
and,
WHEREAS, they believe such a.n amendment to the zaning
4rdinance wi11 benefit the public health, safety and we�fare of
the inhaba.tants of the Town of Vail.
� `. �
�
Section Z.
If any part , section , sub-section , sentence, clause or phrase
o� this ordinance is for any reason held to be invalid , such decisions
shall not effect the validity of the remainin� portions o� this ordinance;
and the Town Council hereby declares it would have passed this ordinance ,
and each part , section, sub-section , sentence , c�ause or phrase thereof ,
regardless o� the fa.et that any one or more parts, sections , sub-sections ,
sentences , clauses, or phrases be dec�.ared invalid .
Secti.o;�. 3.
The Town Council hereby finds , determines and declares that
�his ordinance is necessary and proper �or the health, safety and wel�are
of the Town of Vai.l and the inhabitants therea�.
Secti.on 4.
The repeal or the repeal and reenactment o� any provision o�
the Vai1 �iunicipa� Code as provided in this ordinance shall nat affect
any right which has accrued, anq duty innposed, any vxolation �hat occurred
prior to the e�fective date hereof , any prosecution commended, nor any
other action or praeeeding has co�runenced under or by virtue of 1;he
provisions repealed or repea.led and reenacted. The xepeal of any
provision hereby shall not revive an� provision ar any ordinance
previously repealed or superceded unless expressly stated h�rein .
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL THTS 7TH DAY OF APRIL, 1981, AND A PUBLIC IiEARING ON THIS
ORDTNANCE SHALL BE HELD AT THE REGULAR 144EETING OF THE TOtiYN COUNCIL �F
TH� TOWN OF VAIL, COL�RADO ON THE 21ST DAY OI' APRIL, 1981 .
i
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Ivlayor �"—;;- _ p�i ,
ATTEST :
n :�I / , //�
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INTRODUCLD, R�AD 11ND PASSED ON SECOND R�ADING this 21st day of
April, 1981, and ordered published by tiLle on].y.
. _, . .
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P.iayor � �'
ATTEST :
C����
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Town lerk
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Attachment: D -
� �� � , � 'a " Department af Community De�elopmen�
'_ *,� ,• ' � ' _ .T �t r, 75 South Frontage Road
�`"�� �'��� � ����.� '�. ,� Vail, Colarado 81657
� � '� � ,� .- � ,: � � � : +•-"'' Tel: 970-479-2'i 28
�
�:°:�, �F ��a. . .�.�� . °��+ r Fax: 97U-479-2452
��,�'+!�"-_ � � Web: www.vailgov.com
,' �'�.'��.�:
'� ' , - _ Deveiopmer�t Review Coordinator
������ " � ��=;`
Conditional Use Permit
Application for review by the
Planning and Environmental Commission
Generai Information: A conditianaf use permit fs required for any use classified as"conditional"in any of the Town's
zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Tawn may prescribe
to ensure that the location and operation of the conditional uses will be in accordance with de�elopment abjecti�es of
the Town and will not be detrimental to other uses or pro�erties. The proposed project may also require other permits
or applications and/or re�iew by the Design Re�iew Board and/or Town Council. All PEC appro�als shall lapse if eon-
structian is not commenced within two years of the date of appro�al and diligently pursued to completion, or if the use
for which the appro�al is granted is nat commenced within two years.
Fee: $650
Description of the Request: Conditional Use Permit for a Beauty and Sarbership at the Ritz Carlton Residences
Physical Address: 72$West Lionshead Circle
Parcel Number: 210107223Qp1 (Contact �agle Co. Assessar at 970-328-8b40 for parcel no.}
Property Owner: RCR Vail, LLC, represented by Becca Green
Mailing Address: PO Box 959
Avon, CO 81620 Phone: 970-754-25fi6
Owner`s Signature:
Primary Contact� O ner Rep esen � ; Maurielio Pla ning Graup
Mailing Address: P Bax 112
A�on, CO 81620 970-748-0920
Phone:
E-Mail: allison@mpgvail.com Fax:
For Office llse Only: Cash_ CC: Visa/ MC Last 4 CC # Auth # Check #
Fee Paid: Received From:
Meeting Date: P�C No.:
Pianner: Project No:
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision:
Q1-dan-lU
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�. � � � t�+�parim,�i��c��.�om�t+unity�?�i�re�o�men�-
,� `� ��� �� ��:.. ��. �" ��,� � �`V'� � 6�5 South Fr�ntage
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Conditional Use Permit
Application for review by the
Planning and Environmental Commission
General Information: A conditional use permit is required for any use classified as°conditional"in any of the Town's
zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe
to ensure that the location and operation of the conditional uses will be in accordance with development objectives of
the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits
or applications and/or review by the Design Review Board and/or Town Council. All PEC approvals shall lapse if con-
struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use
for which the approval is granted is not commenced within two years.
Fee: $650
Description of the Request• Conditional Use Permit for a Beaury and Barbership at the Ritz Carlton Residences
Physical Address• 728 West Lionshead Circle
Parcel Number: 210107223001 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner• RCR Vail, LLC, represented by Becca Green
Mailing Address: PO Box 959
Avon, CO 81620 Phone: 970-754-2566
Owner's Signature:
Primary Contact/ Owner Representative: Mauriello Planning Group
Mailing Address: PO Box 1127
Avon, CO 81620 Phone: 970-748-0920
E-Mail• allison@mpgvail.com Fax•
For OfFce Use Only: Cash_ CC: Visa/ MC ,�}st 4 CC# Auth #��)�((o� Check#
Fee Paid: L��� � °��a Received From: �lli,,San ron-�
Meeting Date: J�� PEC No.: ��GC�th�s J
Planner: (,���.�n Project No:�r'�/�l•�� 1 r?P��c� •C�7�
Zoning: Land Use:
Location of the Proposal: Lot:�_Block: Subdivision: .t 0•�- �G.�
O 1-7an-l 0
**�****r***************************�************�*******************************************
TOWN OF VAIL, COLORADO Statement
*****.**�****�++***�*************r*********�*********++***********************+*�+*******�**
Statement Number: R100001846 Amount: $650.00 11/16/201011:21 AM
Payment Method:Credit Crd Init: SAB
Notation: VISA - ALLISON
KENT
-----------------------------------------------------------------------------
Permit No: PEC100051 Type: PEC - Conditional Use
Parcel No: 2101-072-1700-2
Site Address: 728 W LIONSHEAD CR VAIL
Location: RITZ CARLTON
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $0.00
**********************************************************��*********************+**********
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 650.00
----------------------------------------------------------------------------- `
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on it� ona se erm it
Bout�'que and Beauty Shop in LMU-1
Ritz Carlton Residences
November 15, 2010
_ � �
Vi41L K �SU� _ . �
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D E V E LO P M E N T C 0 M P� Mp�r�eiia Piann�ng �ra�P
Introduction
RCR Vail, LLC, herein referred to as "The Applicant;' represented by Mauriello Planning Group is
requesting a conditional use permit to allow for a "Beauty and Barbershop" on the first level of a
building in the Lionshead Mixed Use-1 zone district, in accordance with Sections 12-7H-3 and 12-16-7
of the Vail Town Code.
The Town of Vail provides a definition of a "barbershop" as follows:
BARBERSHOP:A commercial establishment whose primary business is the cutting and/or styling of
human hair.
The Applicant is proposing a combination of a boutique and beauty shop. The majority of the space
will be dedicated the retail sales of beauty supplies, make-up and skin care products, along with
clothing and lingerie. The entire space is approximately 786 sf. The floor plan of the space is provided
below:
;'
�. ----_------------------------
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Ritz Carlton Residences-CUP for Boutique and Beauty Shop 2
Criteria for Review
A "Beauty and Barbershop" is listed as a conditional use listed in the Lionshead Mixed Use-1 zone
district. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town
Code. The purpose of this chapter is as follows:
12-16-1:PURPOSE;L/M/TAT/ONS:
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are
permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual
or special characteristics, conditional uses require review and evaluation so that they may be located
properly with respect to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure compatibility and
harmonious development between conditional uses and surrounding properties and the town at large.
Uses listed as conditional uses in the various districts may be permitted subject to such conditions and
limitations as the town may prescribe to ensure that the location and operation of the conditional uses
will be in accordance with development objectives of the town and will not be detrimental to other uses
or properties. Where conditions cannot be devised to achieve these objectives, applications for
conditional use permits shall be denied.
The review criteria for a conditional use permit are provided in Section 12-16-6 and are listed below.
The Applicant's analysis of conformance with the criteria follows:
A. Factors Enumerated: Before acting on a conditional use permit application, the planning and
environmental commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objectives of the town.
Applicant Analvsis: A "beauty
and barbershop" is a -- _-- -
conditional use on the first level �i' �� ��,�,
in the Lionshead Mixed Use-1 ��� ��
zone district. This allows the
Town, through the review of
the conditional use permit, to
ensure that the proposed
location within a project is
appropriate for this use. The
proposed use is a combination � �
of a retail space, with � �
approximately 500 sf dedicated � � Retail
to the sale of beauty supplies, �
make-up and skin care / 1
products, clothing, and lingerie; StpfiOnS
and a beauty shop of � �
approximately 286 sf dedicated �
to the cutting and/or styling of � l
human hair, as indicated in the
plan.
Ritz Carlton Residences-CUP for Boutique and Beauty Shop 3
Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on
a "beauty and barbershop;' limiting its location to the following:
Beauty and barber shops: No exterior frontage on any public way, street, walkway, or
mall area is permitted.
As proposed, the area dedicated to the retail portion of the business will be located on
along the frontage of West Lionshead Circle, while the actual service of styling hair will
occur off of any exterior frontage on any public way, street, walkway, or mall area. The code
provision was likely developed to prevent services uses like a beauty shop from taking over
vital retail locations in the Lionshead core area. The Ritz is located in an area with very little
pedestrian trafFic and therefore such a location will rely more on destination visitors to the
proposed space within the Ritz Carleton. As shown on the elevation below, there is very
little window exposure of this space to the pedestrian and the entry to the space is located
five steps above grade with separation of a ramp railing and a landscape planter. That said,
the space has been designed so that the primary use as a retail store (selling beauty
products, make-up and skin care products, clothing, and lingerie) is located along the
frontage of the space implementing the goal of this provision. The proposed space is
indicated in the plan below:
�
� �., � .
_ -�,� � _ � - —
, , � . � _�--� .� � _�
'�1� �` � :�� r� � — — ati
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. �� ,�, �_r � :� . �,.�--,,, -�
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. -�-- � J 4 � � ' � l� f'S'
_ '�� � . � '� � _i
❑, ,�=�' f � ;�
�
i � � � —
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` i � �� �� �- � ' r.���~ ^ �k� i ��'�T � �
•� �� f
- �-- .r� � � - � - � � _ , � � s� gr _
� ��F� �J' — �� •F 1
� �i`� t� 1__,_,�. 1 . � � �°I c� � --
i ������ �� � �. I��, ...��-. r•��•'��-.rrw I
-���.,;- '-{!d� -��,�,- � � i.. k ,� �. .
� � �,
�'�3 �"� � ` �T.- _r . i
I�.��� _ ..� . „ � i • _ ` -
� �' 'o _ � .
Ritz Carlton Residences-CUP for Boutique and Beauty Shop 4
From the exterior, the space appears as provided below:
_�l L , �
�
�
�A �.
`^. '`^r s ❑� f I
l �l
� � � � �
� �
x�x ,�;�=� �5;5,,�;�;,�,�;�5,;�r.�;;5,�.;�.�;,5,� =
s ��� � � �� �, ,� ,� 1! ,'� �, �' '� �� � -
�t �� ,t �� �; �
�; r
� � � , _._
� �
� ! �
I
� �
T� ���
� -�__- - __ I
� _ _r._ ._..___— ------�rr
�
Any modifications to the approved plan would require an amendment to the conditional use
permit, and would therefore be reviewed by the Planning and Environmental Commission.
2. EfFect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
Applicant Analvsis: The proposed use has no impact on the above-referenced criteria. This
space was previously assessed for parking at a rate of 2.3 spaces per 1,000 sf of net floor
area. As a result, the parking requirements for this use have been met and will have no
effect on public parking needs.
3. EfFect upon trafFic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal of
snow from the streets and parking areas.
Applicant Analvsis: In the review of the Ritz Carlton Residences, this space was identified as
a commercial use, and as a result, it was factored into the trafFic counts and impacts of the
entire project.
Ritz Carlton Residences-CUP for Boutique and Beauty Shop 5
4. Effect upon the character of the area in which the proposed use is to be located, including
the scale and bulk of the proposed use in relation to surrounding uses.
Applicant Analvsis: No modifications to the existing Ritz Carlton Residences is necessary for
the proposed "beauty and barbershop:' The proposed use has no impact on the scale and
bulk of the building. The use itself will provide a service to residents and visitors to the Ritz
Carlton Residences, along with those staying in the general vicinity.
5. Such other factors and criteria as the commission deems applicable to the proposed use.
Applicant Analvsis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
6. The environmental impact report concerning the proposed use, if an environmental impact
report is required by chapter 12 of this title.
Applicant Analvsis: An environmental impact report is not required for this application.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title and the
purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
Ritz Carlton Residences-CUP for Boutique and Beauty Shop 6
Ad jacents 210107222001
CAREY, ROBERT B.
2101-072-13-001 6912 E HUMMINGBIRD LN
VAIL CORP PARADISE VALLEY,AZ 85253
THE FIXED ASSETS DEPARTMENT
390 INTERLOCKEN CRESCENTSTE 1000 210107222007
BROOMFIELD,CO 80021 SHARE SYNDICATE XIII LLC
ALISON BUCHHOLTZ
210107216001 000846 FOREST RD 675 LIONSHEAD PL
EAGLE RIVER WATER&SANITATION DIST VAIL,CO 81657
846 FOREST RD
VAIL,CO 81657 210107222008
JANICE SAUVAGE TRUST NO 1
210107217002 000728 LIONSHEAD CIR 8650 W TROPICANA AVE 208
VAIL CORP LAS VEGAS, NV 89147
PO BOX 7
VAIL,CO 81658 210107222006
SCHICIANO, KENNETH
000710 LIONSHEAD CIR 43 HIGHGATE RD
VAIL SPA CONDOMINIUM ASSOC WELLESLEY, MA 02481
710 W LIONSHEAD CIR
VAIL,CO 81657 210107222005
5 GCP INC
DANN PETER - Registered Agent AV CHAPULTEPEC 18 COL DOCTORES
PO BOX 5480 MEXICO DF
AVON,CO 81620 MEXICO
210107217002 2103-014-01-068
RCR Vail LLC TELLEEN, DANIEL E.
390 INTERLOCKEN CRESCENTSTE 1000 122 E MEADOW DR
BROOMFIELD,CO 80021 VAIL,CO 81657
210107222004 2101-063-03-015
JPSSE VAIL IMMOBILIERE LLC JOSEPH O. BROUGHTON TESTAMENTARYTRUST
RUBEN DARIO 115 TORRE 2 240 ASH ST
602 MEXICO D.F. CP 11580 DENVER,CO 80220
M EXICO
2101-063-03-016
210107222003 BROUGHTON,JOSEPH O.,JR& LINDA K.
3 GCP INC 240 ASH ST
AV CHAPULTEPEC 18 DENVER,CO 80220
MEXICO DF 06640
M EXICO 2101-063-03-014
RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E.
210107222002 & MARTHA GRIFFITH DEAN TRUSTEES
MARK GREENHILL REV TRUST- ELIZABETH GREENHILL REV PO BOX 970
TRUST- MARK GREENHILL FAMILY DESCENDANTS TRUST TONGANOXIE, KS 66086
153 SHERIDAN RD
WINNETKA, IL 60093 MAURIELLO PLANNING GROUP, LLC
POST OFFICE BOX 1127
AVON,CO 81620
2101-072-21-003
2101-072-11-032 ARKW FUNSKI LLC
VAIL RESORTS DEV 3600 N CAPITAL OF TX HWY
THE FIXED ASSETS DEPARTMENT BUILDING B STE 320
390 INTERLOCKEN CRESCENT STE 1000 AUSTIN,TX 78746
BROOMFIELD,CO 80021
2101-072-21-002
2101-072-23-001 ROCALLOSAS LLC
WDL VAIL CONDOMINIUM ASSOCIATION, INC. MARGARITAS 433
GRAHAM FRANK COC. EX HACIENDA CHIMALISTAC
POST OFFICE BOX 959, MEXICO DF CP 10150
AVON,CO 81620 MEXICO
THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION 2101-072-21-006
728 W. LIONSHEAD CIRCLE THOMAS J. KLUTZNICKTRUST
VAIL,CO 81657 380 GILPIN ST
DENVER,CO 80218
GORE CREEK PLACE, LLC
390 INTERLOCKEN CRESCENT,
BROOMFIELD,CO 80021 2101-072-21-004
MIDDLETON,JOHN S.& LEIGH P.
2101-072-14-004 Owner Address 343 AVON RD
INTERVEST 8183 LLC BRYN MAWR, PA 19010
1133E33PL
TU LSA,OK 74105 2101-072-21-005
ORTEGA,JOSE& LETICIA
2101-072-14-003 CAMPOS ELISEOS 223
NIELDS, MORGAN W. COL POLANCO MEXICO DF 11560
4 SUNRISE DR MEXICO
ENGLEWOOD,CO 80110
2101-072-21-007
2101-072-14-002 SEPIC GORE CREEK PROPERTIES LLC
KIEKHAEFER, FRED 2500 CHERRY CREEK DR S 203
N 7480 COUNTY RD UU DENVER,CO 80209
FOND DU LAC,WI 54937
2101-072-21-008
2101-072-17-001 JAYDEN DEVELOPMENT LLC
DIAMONDROCKVAILOWNER LLC 1031 EXCHANGE EXPERTS
DIAMONDROCK HOSPITALITY CO 5600 GREENWOOD PLAZA BLVD STE 200
6903 ROCKLEDGE DR STE 800 GREENWOOD VILLAGE,CO 80111
BETHESDA, MD 20817
Vail Marriott° Mountain Resort&Spa
715 West Lionshead Circle
Vail,Colorado 81657 USA
2101-072-21-001
SMITH, ROBERT& MICHELLE
934 GOLDENROD LN
LAKE FOREST, IL 60045
Ritz Carlton Residences-CUP for Boutique and Beauty Shop 8