HomeMy WebLinkAboutPEC100053Planning and Environmental Commisson
ACTION FORM
Department of Community Development
A� V 75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
c0&"aNJT'YC vrLrPti +r1*- web: www.vailgov.com
Project Name: ZONING CODE AMENDMENT PEC Number: PEC100053
Project Description:
TEXT AMENDMENT TO CHAPTER 12 -16 -7; USE SPECIFIC CRITERIA & STANDARDS TO ALLOW
FOR BEAUTY AND BARBER SHOPS OUTSIDE OF THE PEDESTRIAN VILLAGE CORES.
Participants:
OWNER RCR LLC 11/18/2010
PO BOX 959
AVON
CO 81620
APPLICANT MAURIELLO PLANNING GROUP, LL 11/18/2010 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).
Planner: Warren Campbell PEC Fee Paid: $1,300.00
Community Development
75 South Frontage Road
Vail, Colorado 81657
Tel: 970- 479 - 2128
Fax: 970- 479 -2452
Web: www.vailgov.com
ment Review Coordinator
Amendment to District Boundaries (Rezoning) or Zoning Ordinance
Application for Review by the
Planning and Environmental Commission
General Information: An amendment of the zoning regulations or change in zone district boundaries may be initi-
ated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner
in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12 -3 -7C, Vail
Town Code. Relevant sections of the Vail Town Code can be found on the Town's website at www.vailgov.com. The
proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town
Council.
Fee: $1300
Description of the Request: Text amendment to Chapter 12 -16 -7: Use Specific Criteria and Standards
Physical Address: NA
Parcel Number: NA
(Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner: RCR Vail, LLC
Mailing Address: PO Box 959
Avon, CO 81620
Owner's Signature:
Primary Contact/ Owner Representative:
Mailing Address: P B 1127
Avon, CO 81620
E -Mail: dominic @mpgvail.com
Fax:
For Office Use Only: Cash_ CC: Visa / MC Las 4 CC # �� Au # Check #
Fee Paid: /,3-00 — ( S ) Ia Received Fr 9p .H ��ISJ� Yu a
Meeting Date: PEC No.: FA,10c Y) 3
Planner: Project No:
Zoning: Land Use: 11
Location of the Proposal: Lot: A Block: Subdivision: (N-e
F �C_" FE � W 1%
NOV 18 2010
TOWN OF VAIL
Phone:
Mauriello Planning Group
Phone: 970- 748 -0920
10
�t
Text Amendment
Chapter 12 -16 -7: Use Specific Criteria and Standards
Beauty and Barber Shops
Submitted: November 17, 2010
u I ;L
Mourdello Planning Group
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 stFi + gn ):
per-mitte&
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 - Beauty and Barbershop 2
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 Analysis 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.
B. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
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 Analysis: 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 / 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 community should improve non -skier recreational options to improve year -round
tourism.
I3.4. Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
uvnbneau neueveiuurnent iviaster rian:
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more
vibrant enviromnent for guests and residents. Lionshead needs an appealing and
coherent identity. a sense of place, a personality, a ptupose, and an unproved 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 substantially
changed since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable
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 Analysis: 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.
S. Such other factors and criteria the planning and environmental commission and /or council
deem applicable to the proposed text amendment
Applicant 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
ORDINANCE #18
(Series of 1981)
AN ORDINANCE AMENDING SECTION 1 8.24.030 75 s. irantape road
PERMITTED AND CONDITIONAL USES - FIRST Vail. Colorado 81657
FLOOR OR STREET LEVEL - OF THE MUNICIPAL olficc of ; :;n c72r9c
CODE Of THE TOWN OF VAIL, COLORADO: MAKING
BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS
FIRST 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 FORTH
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 in any public way, street, walkway, alley or mall area;
and,
WHEREA they believe such an amendment to the zoning
ordinance w i I 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:
18.24.030 C. 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 pro-
visions of Chapter 18.60:
(1) Liquor stores;
(2) Banks and financial institutions;
(3) Household appliance stores;
(4) Radio and TV stores and repair shops;
(5) Time -share estate units, fractional fee units, and
time -share license units;
I' (6)
u
i
A
75 s. frontage road
Vail, Colorado 81657
�. office of town clerk
Barber shops, beauty shops and beauty parlors so
long as they do not have any exterior frontage on
any public way, street, walkway, or mall area.
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 finds, determines and declares that
this ordinance is necessary and proper for the health, safety and welfare
of the Town of Vail and the inhabitants thereof.
Section 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.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
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 TCWIN COUNCIL OF
THE XMN OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981.
Mayor
ATTEST :
TownZl�
I
INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of
April, 1981, and ordered published by title only.
i
Q
ATTEST:
14 �14
Town Aerk
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TOWN OF VAIL, COLORADO Statement
Statement Number: R100001869 Amount: $1,300.00 11/18/201002:53 PM
Payment Method:Credit Crd Init: SAB
Notation: VISA - ALLISON
KENT
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Permit No: PEC100053 Type: PEC- Zoning Code Amendmen
Parcel No: 2101- 072 - 1700 -2
Site Address: 728 W LIONSHEAD CR VAIL
Location: RITZ CARLTON
Total Fees: $1,300.00
This Payment: $1,300.00 Total ALL Pmts: $1,300.00
Balance: $0.00
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ACCOUNT ITEM LIST:
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