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HomeMy WebLinkAboutPEC100049 MEMOS• 1:> tw 1(1 /t.Jltr (ZO$) 111-1.{ 182­ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 22,2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. (PEC 100049) Applicant: CineBistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. SUMMARY The applicant CineBistro, represented by Rodney L. Sartain Architects, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for digital format entertainment signs for movie theaters and digital format menu box signs for movie theater restaurants. As this is a policy decision on whether to permit electronic signs. Staff recommends the Planning and Environmental Commission and the Town Council make the following policy decisions in reviewing this application: • Are signs with digital messaging compatible and complimentary to the "Vail" brand and the desired character of Vail's neighborhoods? • Do signs with digital messaging achieve the Town's development objectives of being a resort and residential community of the hjghest quality? • Are signs with digital messaging appropriate for use as movie theater entertainment signs (i.e. coming attraction/now showing posters)? • Are signs with digital messaging appropriate for use as restaurant menu boxes? • Are there restrictions or limitation that must be applied to signs with digital messaging to achieve the Town's development objectives? II. DESCRIPTION OF REQUEST CineBistro is a movie theater and restaurant located in the Solaris building at 141 East Meadow Drive. While CineBistro is the catalyst for this application, the proposed sign regulation amendments will affect all existing and future movie theaters and movie theater restaurants. The applicant is proposing to amend the Town's sign regulations to address the following: • Allow digital messaging on movie theater posters (Le. "entertainment signs") • Allow digital messaging on movie theater restaurant menu boxes 1 The applicant contends that "Cine Bistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant or retail space, in that it is an attraction and community amenity which would be atypical of most development projects. Cine Bistro is clearly a public amenity of Vail. " The applicant states " ... there is no additional allowance for the new digital poster technology that is essential to the customer experiencing the complete digital cinema experience." Additionally, "This amendment allows for movie theaters to have the latest high definition movie posters and provides the Town of Vail with a state of the art entertainment venue." The applicant identifies that CineBistro includes a full service restaurant which is allowed a menu box sign pursuant to the Town's existing sign regulations. The applicant is proposing that theater restaurant menu boxes also be digital since "the digital menu box allows all the exterior CimfiBistro signage to have the same look for a unified design and presentation. " A copy of the applicant's request has been attached for review (Attachment A). The applicant's proposed regulation amendments are as follows (text to be deleted is in strikethFOl:IgR, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-7-8: ENTERTAINMENT SIGNS: Theaters and Movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Theatre business will be allowed three (3) poster images in the front window at anyone time. Theater poster images in digital format with embedded movie trailers and matching digital menu box are allowed for theaters only. The allowable area of a business sign for a theater shall be fifteen (15) square feet and the design shall be subject to design review. III. BACKGROUND The Town of Vail's sign regulations were adopted for the following purpose: "These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. " The Town of Vail's current policies prohibit digital messaging on signs through the following provisions of the adopted sign regulations: 11-9-2: Prohibited Signs, Vail Town Code (in part) "A Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; 2 C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals." There are four exceptions to these prohibitions: government signs, public parking on private property signs, ski base area signs, and advertisement located further than three feet inside a store front window. The Town of Vail utilizes digital messaging on signs signs at the interstate highway exit ramps, along the frontage road, at the public parking structures, etc. for traffic control and other governmental purposes. On May 18, 2010 the Town of Vail adopted Ordinance No. 10, Series of 2010, to allow signage for public parking on private property uses. This ordinance formalized the allowance of digital messaging on signs at the Front Door loading dock, Arrabelle loading dock, and Solaris public parking structures. When adopting this ordinance, the Town of Vail determined that bowling alleys and movie theaters are unique land uses that should be allowed different signage than other businesses. This ordinance allows bowling alleys and movie theaters to install business identification signs up to 15 sq.ft. in area, rather than the standard 6 sq.ft maximum. On November 2, 2010 the Town of Vail adopted Ordinance No. 16, Series of 2010, amended the sign regulations to allow digital messaging on signs in the Golden Peak, Vail Village, Lionshead, and Cascade Village ski base areas, subject to approval of a seasonal sign program. Ordinance No. 16 defines any sign using a digital message or format as an "electronic sign" as follows: Sign, Electronic: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. The Town's sign regulations define a window sign as "a sign installed upon or within three feet (3J of a window ... ", so signs installed more than three feet inside a storefront window are not regulated by the Town Code. There are examples in Vail Village, Lionshead, and West Vail of businesses displaying advertisement with unregulated signs installed more than three feet inside their storefront windows. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (in part) 11-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the 3 coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 11-2: DEFINITIONS: (in part) MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side for the express purpose of displaying menus; allowed at eating and drinking establishments only. DISPLA Y BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side, for the express purpose of displaying real estate listings and current movie listing; allowed at real estate businesses and movie theaters only. SIGN, ELECTRONIC: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including, but not limited to, movies, television shows and audio CDs or records. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and The Town's sign regulations currently allow unique signage opportunities for unique land uses. For example, bowling alleys and movie theaters are allowed larger business identification signs than other land uses. In addition to a standard business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs". Similarly, real estate offices and movie theaters are allowed to erect "display box signs". Movie theaters and movie/media rental businesses are also allowed to erect "entertainment signs". And recently, "electronic signs" and "portable signs" have been allowed to be installed in the Golden Peak, Vail Village, Lionshead, and Cascade ski base areas. 4 \ ! ,I. Staff believes the applicant's proposal to allow movies theaters to utilize digital format entertainment signs is consistent with the following purposes of the Town's Sign Regulations: "2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. " In 2003 the Town of Vail amended the sign regulations in an effort to streamline the development review process and to create equity between businesses. Staff believes allowing a restaurant in a movie theater to utilize digital messaging on menu box sign, while prohibiting such menu box signs for restaurants in other locations, would be inconsistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail." 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 Every sign installed within the Town of Vail is subject to design review. The Town's sign design guidelines "exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. " Pursuant to Section 11-5-2, Design Guidelines, Vail Town Code, any signs erected in Vail should "be consistent with the scale and architecture already present in town" and "be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town." Additionally, signs should also be "compatible with the placement of surrounding signs." In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is harmonious with the town's character and furthers the Town's development objective of being a resort and residential community of the highest quality. The Town's sign design guidelines recommend the use of natural materials (wood, stone, metal, etc.) instead of plastics or synthetic materials and the use of natural colors; the guidelines also recommend the use of creative graphics and lettering. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. 5 The Town's sign design guidelines recommend the use of inconspicuous sign lighting. Pursuant to Section 11-5-2, Design Guidelines, Vail Town Code, "Ughting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged." In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if aI/owing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. While the provisions of Section 14-10-7, Outdoor Lighting, Vail Town Code, do not apply to signs; these provisions do apply to all other outdoor lighting in the community. The purpose of these outdoor lighting regulations is as follows: 'This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote 'dark sky' lighting fixtures and installation techniques to reduce light pollution. " While Section 14-10-7, Outdoor Lighting, Vail Town Code, does not apply to signs; this code section does articulate the Town's development objectives of ensuring safe and functional outdoor lighting while also ensuring that outdoor lighting is aesthetically pleasing and at minimum levels for the purpose of protecting neighbor privacy and reducing light pollution. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the Town's general development objectives related to lighting. 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 The use of digital format signs is not only the trend in the movie theater industry, but in the sign industry as a whole. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. In addition to traditional signage standards such as size, number, and location; communities are now evaluating how to appropriately regulate the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of text/graphics; static versus changing messages; rates of message change; display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.; display of animation and video; sound; etc.). The Planning and Environmental Commission and the Town Council should consider if specific restrictions or limitations are necessary to ensure that signs with digital messaging are installed in a manner that achieves the Town's development objectives. 6 Should the Planning and Environmental Commission and Town Council choose to approve the applicant's proposed amendments, Staff recommends the Commission and Council consider applying limitations to the brightness of digital messaging and the rate of message change displayed by those signs. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Every sign within the Town of Vail is subject to design review by the Community Development Department and the Design Review Board. A primary purpose of this review is to ensure signs are in keeping with the Town's development objectives through the application of the sign design guidelines and the sign design standards prescribed by the Town Code. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. To ensure the appropriateness of digital signs, other communities have established prescriptive standards not only limiting sign size; but also restricting the location and orientation of signs to certain zone districts, distances to certain land uses such as schools and residences, relationship to street intersections or scenic corridors, etc. Many communities also consider the impacts to neighboring uses when regulating the operational modes of digital signs. While every sign in Vail is subject to design review, the Planning and Environmental Commission and Town Council may choose to amend the Town's sign design guidelines and/or standards to more specifically regulate the use of electronic signs within the town. For example, the Commission and Council may choose to impose limitations on the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of text/graphics; static versus changing messages; rates of message change; display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.; display of animation and video; sound; etc.). 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. 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 Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, 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 7 proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omiHed): 1. Section 11-7-8, Entertainment Signs, Vail Town Code, should be amended as follows: ~-"iJENTERTAINMENT SIGNS: eaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Entertainment signs may be electronic signs. WJle" Ned as er,AinalRihtmt Silins.; RIpC"'''. ,J sit/ll!! sban Qll/~ displa,x, iii staUc ;mage.JlJlh811 usell 8S ellte.lsifJ",on' .... -=:Si';;:f;;::::=;;;::r~S;,:!!C~::;Z;: c/uc.e!!!!::!flequahrlJlSlBility. 2. Section 11-9-2, Prohibited Signs, Vail Town Code, (in part) should be amended as follows: ~:Prohibited Signs: Unless otherwise allowed by this title, the ~ng signs are prohibited within the Town of Vail:" Staff does not believe there is a distinction between a restaurant in a movie theater and a restaurant in any other location within Vail. Since there is no distinction between restaurants, Staff does not recommend amending the Town Code to allow digital format ~menu box signs for movie theater restaurants. Staff believes doing so would be _ .N-"ll1"'r inconsistent with the purpose of the sign code "To describe and enable the fair and II"·" consistent enforcement of signs in the Town of Vail."Jl-''l ' ;..,...J Should the Planning and Environmental Commission choose to forward a ~ A tt..~ ,. recommendation of approval, with modifications, to the Vail Town Council for the oJJI"' rv -II "'~ proposed text amendment, the Community Development Department recommends the . (.,v /JII" Commission makes the following findings: ~ "Based upon the review of the criteria outlined in Section V of Staff's November 22, 2010 memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its 8 . , .... 'll Cobb Cinebistro Solaris Vail, Colorado Page 6 of6 Policy 2.7.1: The development afnew speciaJ event venues and improvements to existing venues shall be strongly encouraged to reinforce the important role that special events play in the promoting a year-round economy in Vail Village. As the above goals, objectives, and policies indicate. the Town recognizes the importance of successful commercial uses in Vail Village and has structures its policies and regulations to reflect this. One policy from the list above which is particularly noteworthy is Policy 2.4.2, which states: Activity that provides night life and evening entertainment for both the guest and community shall be encouraged The movie theater clearly falls under this policy. and due to the fact that it is both an attraction and a community amenity, indicates that special sign allowances should be considered for these uses. 3. The extent to which the tnt amendment demonstrates bow conditions bave substantially changed sinee the adoption of the snbjed regulation and how tbe existing ngulation i8 no longer appropriate or is inQllplicabJe; and Our Analysis: Due to the unique and evolving nature of digital movie theaters, digital movie posters with embedded movie trailers and menu box are necessary to present current movie products in the most entertaining medium. This digital presentation is part of the complete Cine'Bistro experience. Cobb 'Theatres' extraordinary premium movie and dinning experience captured in one unique entertainment venue. 6 $114'-0" 1S"H. ·CINEBISTRO" SIGNAGElEVEL 2 () I () $100'-0" lEVEL I POLISHED STAINLESS STEEL LETTERS (PRISMATIC FACE) HALO·L1T. 3"H. "A COBB MOVIE THEATRE EXPERIENCE" POLISHED STAINLESS STEEL (FLAT FACE) STAND-OFF MOUNT LCD MOVIE POSTERS fOfAl) 4 LCD MENU BOARD HI STONE SURROUND STOREFRONT DOORS ST-05 BRON7F MONUMFNT AL ENTRANCF CUSTOM PUll (T.BDJ / l::>"_n" SYSTEM (EQUAL TO DA~SON CUSTOM SERrES DOORS, FRAMES. AND HARDY-lARE: 11464 NAVAL BRASS HI #4 SATIN 6RAININ6 AND DARK OXIDIZED) STOREFRONT ENTRANCE 'G' SCALE 1/4" = 1'-0" CineBistro Solaris Vail, Colorado 07-822 Submittal to the Town of Vail for a Sig.. Regldations Text AlQ.endment Rodney L. Sartain, Architect 1909 Courtney Ddve Birmingba.m, AL 35209 Office: (205) 379-5453 Fax: (20S) 879-5~ Cobb Cinebistro Salaris Vail, Colorado Page 2 of6 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re-write of Chapter 11: Sign Regulations. This re­ write was highly successful and generaUy greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is a need to revisit some issues that were either nOt considered at the time of adoption, or conditions have changed which would make additional tweaking necessary. Based on input :from the ToVv'll Staff,the· SoIaris project, represented by Rodney L. Sartain, An:hltects. is submitting a text amendment to the Chapter 11: Sign Regulations. to meet the unique needs ofCineBistro. These amendments can be characterized by the unique needs of a movie theatre. A Movie Theater In general, commercial uses are treated equally in the Sign Regulations. However, there are certain uses that, due totbeir unique characteristics, are deserving of special conSideration for signage. CineBistro is unique within. the rest of Vail: the Mo.ie Theater is different from a typical restaurant or retail space,. in that it is an attractiOn and community amenity which would be·atypical of most development projects. Cin6Bistro is clearly identified as public amenity of Vail. Currently, the Sign Regulations provides a definition for "Entertainment Signs" as follows: SIGN. ENI'ERTAlNMENT: A sign that serves to advertise a visual or audio media formal. -.~..~.~...-.-..-----includingJutnot limited 10, movies. teJel'isiJ)l'lS.hoJilS and audio Cl)LQll.e...Cf)rcisL __ . Then Section 11-7-8: Entertainment Signs. provides additional allowable signage for movie posters, stating the following with regard to signage for movie ttteaters: J1-7-8: ENI'ERTNNMENT SIGNS: Theaters and movie/media rental business wilt be allowed three (3) poster images in the front window at any one lime. The allowable area ofa business sign for a theater shall be fifteen (15) square feet and the design shall be subjeCt to design review, However, there is no additional allowance for the new digital poster technology that is essential to the customer experiencmg the complete digital cinema experience .. " ", . Section 11-1-8 is proposed to be amended as f~llows (text to be added. is show in bol4 ittili.c): 11-7-8: ENTERTAINMENT SIGNS: Media rental. business will be allowed three (3) poster images in .the front window at any one hine. Tluil¥/:u business will. be aJ1uwed three (3) poSter imagis ii. the frotrtwilldow at any one tim~·Theater posiu images in tJigWd /orlfUll with eiltbeddd ~trailer' and matching digito1 mttnN bax ani alluwfldfor thealltr$ only; The. allowable area ofa business sign for a theater shall be ftjf£en (15) square feet and the design shall be subject to design review. This amendment allows for movie theaters 10 have the. latest high definition digital movie posters and provides the Town of Vail with a state of the art entertainment venue. The fact that the Cine'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 1l...()-3: 2 Cobb Cinebistro Solaris Vail, Colorado Page 3 of6 BUSINESS SIGNS; the digital menu box allows all the exterior Cine'Bistro signage to have the same look for a unified design and presentation. II. Review Criteria for Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the sign code. For the purposes oftbis application, each criterion will be addressed below; 1. The utent to wbkh tile tut amendment furtben the general and spedf"1C purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12-1-2: Purpose, describes the geneIal purpose of the regulations as follows: ]2·1-2: PURPOSE: A General: These regulations are enacted for tire purpose of promoting the health, saftty, morals, and general welfare of the town, and to pramote the coordinated and harmonious development of the town in a manner thai will conserve and enhance its natural environment and its established character as a resort and resitkntial community ofhigh quality. Section 12-1-2 also provides the specific purposes of the regulations as follows: 1. To provide for atktJUOte light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire. panic, flood, avalanche, accumulation ofsnow, and other dangerous conditions. 3. To promote saft and effiCient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located offsJreet parking and loading facilities. s. To conserve and maintain established community qualities and economic values. 6. To encourage a harmoniOUS, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population tknsities and overcrowding of tire land wI"th structures. 8. To safeguard and enhance the appearance ofthe town. 9. To conserve and protect wi/d1ifo. streams, woods, hillSides, and other desirable natural ftatures. 10. To assure adequate open space, recreating opportunities. and other amenities andfacilities conducive to desired living quarters. 3 Cobb Cinebistro Solaris Vail, Colorado Page 2 of6 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re-'write of Chapter 11: Sign Regulations. This re­ write 'was highly sUC(;essful and generally greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is a need to revisit some issues that were either not considered at the time of adoption., or conditions have changed which would make additional tweaking necessary. Based on input from the TOft'll Staff, the Solaris project, represented by Rodney L. Sartain, Atchitects, is submitting a text amendment to the Chapter 11: Sign Regulations, to meet the unique needs of Cin6Bistro. These amendments can be characterized by the unique needs of a movie theatre. In general, commercial uses are treated equally in the Sign Regulations. However, there are certain uses that, due to their unique characteristics, are deserving of special. consideration for signage. Cin6Bistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant or retail space, in that it is an attraction and community amenity which would be atypical of most development projects. Cin6Bistro is clearly identifred as public amenity of Vail. Currently, the Sign Regulations provides a definition for "Entertainment Signs" as follows: SIGN. ENTERTAINMENT: A sign that serves to advertise a visual or audio mediafonnat, including, but not limited to, mOVies, television shows and audio CDs or records. Then Section 11-7-8: Entertainment Signs. provides additional allowable signage for movie posters, stating the following with regard to signage for movie theaters: 11-7-8: ENTERTAINMENT SIGNS: Theaters and movfe/media rental business will be allowed three (3) poster images in the front window at arry one time. The allowable area ofa business sign for a theater shall be fifteen (15) square foet and the design shall be subject to design review. However, there is no additional allowance for the new digital poster technology that is essential to the customer ex-periencing the complete digital cinema experience. Section 11-7-8 is proposed to be amended as follows (text to be added is show in boltlitalic): 11-7-8: ENTERTAINMENT SIGNS: Media rental business will be allowed three (3) poster images in the front window at arry one tiIM. Theatre business wiI/. be allowed three (3) poster imager in the frollt window at lUI! one time. Theater poslu images in digit4l format with embeddd movie tToile,s and matelting digit4lmetn. box are aUuwed for theaters only. The allowable area ofa business sign for a theater shall be fljteen (15) square foet and the design shall be subject to design review. This amendment allows for movie theaters to have the ,latest high definition digital mm·ic posters and provides the Town of Vail with a state of the art entertainment '\<-enue. The fact that the Cine'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 11-6-3: 2 Cobb Cinebistro Solaris Vail, Colorado Page 4 of6 11, To otherll:ise provide for the growth o/an orderly an(i viable community. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community, such as protecting economic values, enhancing the appearance of Vail, and providing for the gro~1.h of an orderly and viable community. Specifically, this text amendment will enhance the Town's established character of a resort and residential conimunity of high quality. In addition to the purpose statements of the Zoning Regulations, Title 11-1-2, Sign Regulations, also provides the purpose statements ofthe Sign Regulations. 11-1-2: PURPOSE: A. General Purpose: These regulations are eooctedfor the purpose ofpromotion tM health. saftly, morals, and general welfare of the town of Vail and to promote the coordinoted and harmonious design and placement ofsigns in the town in a manner that will conserve and enhance its nmuraJ el'lVironment and its established character as a resort and residential community ofthe highest quality. B. Specific Purpose: TMse regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement ofsigns in the 2. To encoutage the establishment of welJ designed, creative signs that enhance the unique character ofVall 's village atmosphere. 3. To preserve a succe..,sjUl and high quality business environment that is aided by signs that identifY, direct, and inform. 4. To aid in providing for the growth ofan orderly, safe, beaulifoJ, and viable communily. The proposed text amendment also furthers the putp(lse statements of the Vail Sign Regulations. Each of the purpose statements is clearly enhanced'by the proposed statement. 2. Tbe extent to which the text amendment would better implement and better aebieve the appIkable elements of tbe ado,.. go~objectives, and polities oUtlined in the Vail comprehensive plan and is compatibJe' with the development objectives of the townj and Our Analysis: There are no adopted goals, objectives, or policies that directly relate to signage. However, the following goak from the Vail Village Master Plan are applicable: 4 .' . Cobb Cinebistro Solans Vail. Colorado Page 5 of6 GOAL #1 ENCOURAGE HIGH QUAU'Tt REDEVELOPMENT WHILE PRESE'RVING UNIQUE ARCHlTECTCJRAL SCALE OF THE VILLA.GE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDEN11TY. Objective 1.2: Encourage the upgrading and redevelopment afresidential and commercial jilcilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. Policy 1.3.1: Public improvements shall be developed with the participation ofthe private sec/or working within the Town. Objective 1.4: Recognize the "historic" importance ofthe architecture. structures, landmarks, plazas andfeatures in preserving the character ofVail Village. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation ofits regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR­ AROUND ECONOMIC HEAL11I AND VIABILITY FOR 11IE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety ofland uses found in the 11 sub-areas throughout the Villoge and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance ofVail Village as a mixed use center ofactivities for our guests, visitors, and residents. Objective 2.4: Encourage the development ofa variety ofnew commercial activilywhere compatible with existing land uses. Policy 2.4.1: Commercial Inftll development consistent with established honzontal zoning regulations shall be encourage to provide activity ge1Ulrators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network througlwul the Village. PoIiq 2.4.2: Activity that proVide,.. night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading. renovatiOn. and maintenance ofexisting lodging and commercial facilities to better serve the needs ofour guests. Policy 2.5.1: Recreating amenities, common areas, meelingfacilities and other amenilies shall be preserved and enhanced as a part ofany redevelopment oflodging properties. Objective 2. 7: Encourage the development ofmulti-use special events venues and infra<;tructure (ie, publicly resiroom.r, power and utilJtes, etc.) within Vail Village in cooperation with the private sector. 5 Cobb Cinebistro Solaris Vail, Colorado Page 4 of6 11. To otherwise provide for the growth ofan orderly and viable community. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community, such as protecting economic values, enhancing the appearance of Vail, and providing for the growth of an orderly and viable commwtity. Specifically, this text amendment will enhance the Town's established character of a resort and residential community ofhigh quality. In addition to the purpose statements of the Zoning Regulations, Title 11-1-2, Sign Regulations, also provides the purpose statements ofthe Sign Regulations. 11-]-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose ofpromotion the health. safety, morals. and general welfare of the town of Vail and to promote the coordinated and hornwnious design and placement ofsigns in the town in a manner that will conserve and enhance ils natural environment and its established character as a resort and residential community ofthe highest quality. B. Specific Purpose: These regula/ions are intended to achieve the follOWing specijic;r,urposes: 1. To describe and enable the fair and consistent enforcement ofsigns in the town DfVail. 2. To encourage the establishment of well designed, creative signs that enhonce the unique character ofVail'svilloge atmosphere. 3. To preserve a successfol and high quality business environment thot is aided by signs that identiJY. direct, and inform. 4. To aid in providing for the growth ofan orderly, soft, beautiful, and viable community. The proposed text amendment also furthers the purpose statements of the Vail Sign Regulations. Each of the purpose statements is clearly enhanced by the proposed statement. 2. Tbe extent to which the text amendment would better Implement and better achieve the applicable elements of the adopted goals, objedives, and polities outlined in the Vail comprehenJive plan and is compatible with the development objeetives of the town; and Our Analysis: There are no adopted goals. objectives. or policies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: 4 ...~ . Cobb Cinebistro Solaris Vail, Colorado Page 6 of6 Policy 2. 7. I: The deveiopment ofnew special event venUeS .and improvements to existing venues slwl/ be strongly encouraged to reinforce the important role that special evems play in the promoting a year-round economy in Vail Village. As tile above goals, obje.;tives, and policies indicate, the Town re.;ognizes the importance of successful commercial uses in Vail ViUage and.has structures its policies and regulations to reflect this. One policy from tile list above which is particularly noteworthy is Policy 2.4.2, which states: . Activity that provides night life and evening entertainment for both the guest and community shall be encouraged . The movie tileater clearly falls under this policy. and due to tile fact tllat it is both an attraction and a·community· amenity, indicates tllat. speCial sign allowances should be considered for these uses. 3. The extent to wbidl the text amendment. demonstrates how conditions have substantially changed since the adoption·· of thembject ~n .and bow the existing regulation is no longer appropriate or is hlapplicable; and Our An.a!.Ysis: Due to tile unique and evolving nature of digital mo~tl1eaters. digital movie posters witil -.. ---..--..~------em1:5eOded moviettai1ersawlmenu OOX arnlecessary-mpre~:nt eiil'fefiTmi)vreprodticts-hc----~---·· tile most entertaining inedi~, This digilarpresentationis part of'the complete Cine'Bistro experience.CobbThea1res'extraordinary premium movie and dinning experience captured in one unique entertainm:ent venue. 6 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 7,2010 \ I. I I lOn November 22, 2010 the Planning and Environmental Commission held a public fhearing on the proposed Sign Regulations amendments. At that hearing, the Planning and Environmental Commission voted 4-2-0 (Pierce and Rediker opposed) to forward a recommendation to the Vail Town Council that entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters should be allowed to be electronic signs. The Planning and Environmental Commission also forwarded a recommendation that the Vail Town Council, the Planning and Environmental Commission, and the Design Review Board should hold a joint work session to discuss general policies and additional SUB ...IECT: Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. (PEC100049) Applicant: CineBistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, CineBistro, represented by Rodney L. Sartain Architects, is requesting a first reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. The proposed Ordinance No. 22, Series of 2010, (Attachment A), November 22, 2010 Staff memorandum to the Planning and Environmental Commission (Attachment B), and the November 22, 2010 Planning and Environmental Commission hearing results (Attachment C), have been attached for review. II. BACKGROUND regulations for all electronic signs. However, the Planning and Environmental Commission did not want these broader electronic sign policy discussions to delay the adoption of the applicant's request. Commissioners Pierce and Rediker were not opposed to the electronic signs installed at Cinebistro; however, both commissioners voted against the motion to forward a recommendation of approval for the proposed amendments. Both commissioners 1 expressed their concern that the applicant's proposed amendments did not address electronic sign brightness, electronic sign hours of operation, entertainment sign size, and signs emitting audio advertisement. III. RECOMMENDATION The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for the first reading of Ordinance No. 22, Series of 2010, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs. Based upon the concerns expressed by the Planning and Environmental Commission at their November 22, 2010 hearing; Staff recommends the Vail Town Council consider adopting modifications to Ordinance No. 22, Series of 2010, to address electronic sign brightness, electronic sign hours of operation, entertainment sign size, and signs emitting audio advertisement. Communities typically regulate the brightness of electronic signs by either establishing a prescriptive standards such as a maximum nit level (nit is the unit of measurement for luminance: total light emitted by a sign divided by the sign surface area) or by establishing design guidelines such as signs being allowed to be "no brighter than is necessary for clear and adequate visibility." At this time, Staff recommends the Town of Vail adopt a general design guideline rather than a prescriptive standard to control the brightness of electronic entertainment signs and electronic menu boxes. The Planning and Environmental Commission identified hours of operation for electronic signs as an issue that could affect adjacent property owners if left unregulated. Electronic signs could become a public nuisance if allowed to emit light or produce glare onto adjacent streets and private properties during nighttime hours. Additionally, the use of electronic signs during nighttime hours could be counter productive to the Town's dark sky policies and goals of reducing light pollution. To address these concerns, Staff recommends limiting the hours of operation for electronic entertainment signs and menu boxes. As a point of reference, the Town's adopted nuisance regulations more strictly limit the levels of noise and amplified sound in town during nighttime hours. Those nighttime hours are identified by the Vail Town Code as 11 :OOpm to 7:00am the following morning. Staff recommends not allowing the operation of electronic entertainment signs and electronic menu boxes during these hours. The Planning and Environmental Commission noted concern that the Town's adopted sign regulations do not limit the size of entertainment signs with a quantified measurement, but only with the phrase "poster image". Industry standard paper movie posters measure both 27x40 inches and 27x41 inches in size (7.7 square feet in area). Staff recommends limiting the size of each entertainment sign to a maximum size of 8 square feet, subject to design review approval. The Town's adopted sign regulations currently prohibit signs that "emit any sound which is intended to attract attention". Due to the vagueness of the phrase "which is intended to attract attention," Staff recommends simply prohibiting signs that "emit any sound." The Town's adopted sign regulations include a list of prohibited signs. Staff recommends clarifying at the beginning of this list that some signs typically prohibited 2 may be allowed by other provisions of the sign regulations. For example, the adopted sign regulations have been interpreted to allow "government signs" installed by the Town of Vail for traffic control and other regulatory purposes to be exempted from the prohibited signs standards of the Town Code. While the Town's adopted sign regulations have specific signage allowances for theaters and movie/media rental businesses, neither the Town's adopted sign regulations nor the adopted zoning regulations define these land uses. Staff recommends defining theaters and movie/media rental businesses as part of this ordinance. Should the Vail Town Council choose to adopt Ordinance No. 22, Series of 2010, on first reading, Staff recommends the Council adopt the following modifications (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): SECTION 1. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 2. Section 11-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Movie/media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 3. Section 11-6-3-C, Menu Box (SD1 and SD2), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. I 4. Location: Menu boxes shall be displayed on the business frontage. f, 5. Special Provisions: Menu boxes are allowed only at eating and drinking I establishments for the exclusive display of menus. f ~ i j ¥ I f 3 Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 4. Section 11-7-8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 5. Section 11-9-2, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-9-2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6. Sub-section 11-9-2-D, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): D. Signs that incorporate projected images, emit any sound 'Nhich is intended to attract attention, or involve the use of live animals. Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. " 4 Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, on first reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 22, 2010 memorandum and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 22, Series of 2010 Attachment B: November 22, 2010 Staff memorandum to the PEC Attachment C: November 22, 2010 PEC hearing results 5 Vail Town Council Attachment: A ORDINANCE NO. 22 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendmentto the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specifiC purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 2. Section 11-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Movie/media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. Ordinance No. 22, Series of 2010. first reading 1 I I I t I I ~ I f SECTION 3. Section 11-6-3-C, Menu Box (S01 and S02), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. 4. Location: rv1enu boxes shall be displayed on the business frontage. 5. Special Provisions: Menu boxes are allowed only at eating and drinking establishments for the exclusive display of menus. Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 4. Section 11-7-8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 5. Section 11-9-2, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-9-2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6. Sub-section 11-9-2-0. Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): O. Signs that incorporate projected images, emit any sound 'Nhich is intended to attract attention, or involve the use of live animals. Ordinance No. 22. Series of 2010. first reading 2 I SECTION 7. 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 anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8. 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 9. 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 10. All bylaws. orders, resolutions and ordinances, or parts thereof. inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this t h day of December, 2010 and a public hearing for second reading of this Ordinance set for the 21 st day of December, 2010 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series of 2010, first reading 3 Vail Town Council Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 22,2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. (PEC100049) Applicant: Cim3Bistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. SUMMARY The applicant CineBistro, represented by Rodney L. Sartain Architects, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for digital format entertainment signs for movie theaters and digital format menu box signs for movie theater restaurants. As this is a policy decision on whether to permit electronic signs. Staff recommends the Planning and Environmental Commission and the Town Council make the following policy decisions in reviewing this application: • Are signs with digital messaging compatible and complimentary to the "Vail" brand and the desired character of Vail's neighborhoods? • Do signs with digital messaging achieve the Town's development objectives of being a resort and residential community of the highest quality? • Are signs with digital messaging appropriate for use as movie theater entertainment signs (Le. coming attraction/now showing posters)? • Are signs with digital messaging appropriate for use as restaurant menu boxes? • Are there restrictions or limitation that must be applied to signs with digital messaging to achieve the Town's development objectives? II. DESCRIPTION OF REQUEST CineBistro is a movie theater and restaurant located in the Solaris building at 141 East Meadow Drive. While Cine Bistro is the catalyst for this application, the proposed sign regulation amendments will affect all existing and future movie theaters and movie theater restaurants. The applicant is proposing to amend the Town's sign regulations to address the following: • Allow digital messaging on movie theater posters (Le. "entertainment signs") • Allow digital messaging on movie theater restaurant menu boxes 1 The applicant contends that "CineBistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant or retail space, in that it is an attraction and community amenity which would be atypical of most development projects. CineBistro is clearly a public amenity of Vail. " The applicant states It.. .there is no additional allowance for the new digital poster technology that is essential to the customer experiencing the complete digital cinema experience." Additionally, "This amendment allows for movie theaters to have the latest high definition movie posters and provides the Town of Vail with a state of the art entertainment venue. 11 The applicant identifies that CineBistro includes a full service restaurant which is allowed a menu box sign pursuant to the Town's existing sign regulations. The applicant is proposing that theater restaurant menu boxes also be digital since "the digital menu box allows all the exterior Cine Bistro signage to have the same look for a unified design and presentation." A copy of the applicant's request has been attached for review (Attachment A). The applicant's proposed regulation amendments are as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-7-8: ENTERTAINMENT SIGNS: Theaters and Movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Theatre business will be allowed three (3) poster images in the front window at anyone time. Theater poster images in digital format with embedded movie trailers and matching digital menu box are allowed for theaters only. The allowable area of a business sign for a theater shall be fifteen (15) square feet and the design shall be subject to design review. III. BACKGROUND The Town of Vail's sign regulations were adopted for the following purpose: "These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. " The Town of Vail's current policies prohibit digital messaging on signs through the following provisions of the adopted sign regUlations: 11-9-2: Prohibited Signs, Vail Town Code (in part) "A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; 2 C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals. " There are four exceptions to these prohibitions: government signs, public parking on private property signs, ski base area signs, and advertisement located further than three feet inside a store front window. The Town of Vail utilizes digital messaging on signs signs at the interstate highway exit ramps, along the frontage road, at the public parking structures, etc. for traffic control and other governmental purposes. On May 18, 2010 the Town of Vail adopted Ordinance No. 10, Series of 2010, to allow signage for public parking on private property uses. This ordinance formalized the allowance of digital messaging on signs at the Front Door loading dock, Arrabelle loading dock, and Solaris public parking structures. When adopting this ordinance, the Town of Vail determined that bowling alleys and movie theaters are unique land uses that should be allowed different signage than other businesses. This ordinance allows bowling alleys and movie theaters to install business identification signs up to 15 sq.ft. in area, rather than the standard 6 sq.ft maximum. On November 2, 2010 the Town of Vail adopted Ordinance No. 16, Series of 2010, amended the sign regulations to allow digital messaging on signs in the Golden Peak, Vail Village, Lionshead, and Cascade Village ski base areas, subject to approval of a seasonal sign program. Ordinance No. 16 defines any sign using a digital message or format as an "electronic sign" as follows: Sign, Electronic: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. The Town's sign regulations define a window sign as "a sign installed upon or within three feet (3') of a window ... ", so signs installed more than three feet inside a storefront window are not regulated by the Town Code. There are examples in Vail Village, Lionshead, and West Vail of businesses displaying advertisement with unregulated signs installed more than three feet inside their storefront windows. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (in part) 11-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the 3 coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 11-2: DEFINITIONS: (in part) MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side for the express purpose of displaying menus; allowed at eating and drinking establishments only. DISPLA Y BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side, for the express purpose of displaying real estate listings and current movie listing; allowed at real estate businesses and movie theaters only. SIGN, ELECTRONIC: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including, but not limited to, movies, television shows and audio CDs or records. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and The Town's sign regulations currently allow unique signage opportunities for unique land uses. For example. bowling alleys and movie theaters are allowed larger business identification signs than other land uses. In addition to a standard business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs". Similarly, real estate offices and movie theaters are allowed to erect "display box signs". Movie theaters and movie/media rental businesses are also allowed to erect "entertainment signs". And recently, "electronic signs" and "portable signs" have been allowed to be installed in the Golden Peak, Vail Village, Lionshead. and Cascade ski base areas. 4 Staff believes the applicant's proposal to allow movies theaters to utilize digital format entertainment signs is consistent with the following purposes of the Town's Sign Regulations: "2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's vii/age atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. " In 2003 the Town of Vail amended the sign regulations in an effort to streamline the development review process and to create equity between businesses. Staff believes allowing a restaurant in a movie theater to utilize digital messaging on menu box sign, while prohibiting such menu box signs for restaurants in other locations, would be inconsistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail." 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 Every sign installed within the Town of Vail is subject to design review. The Town's sign design guidelines "exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. " Pursuant to Section 11-5-2, Design Guidelines, Vail Town Code, any signs erected in Vail should "be consistent with the scale and architecture already present in town" and "be aesthetically harmonious with the mountain setting and the alpine vii/age atmosphere of the town." Additionally, signs should also be "compatible with the placement of surrounding signs." In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is harmonious with the town's character and furthers the Town's development objective of being a resort and residential community of the highest quality. The Town's sign design guidelines recommend the use of natural materials (wood, stone, metal, etc.) instead of plastics or synthetic materials and the use of natural colors; the guidelines also recommend the use of creative graphics and lettering. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. 5 The Town's sign design guidelines recommend the use of inconspicuous sign lighting. Pursuant to Section 11-5-2, Design Guidelines, Vail Town Code, "Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged." In reviewing this proposed regulation amendment. the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. While the provisions of Section 14-10-7, Outdoor Lighting, Vail Town Code, do not apply to signs; these provisions do apply to all other outdoor lighting in the community. The purpose of these outdoor lighting regulations is as follows: "This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote 'dark sky' lighting fixtures and installation techniques to reduce light pollution. " While Section 14-10-7. Outdoor Lighting, Vail Town Code, does not apply to signs; this code section does articulate the Town's development objectives of ensuring safe and functional outdoor lighting while also ensuring that outdoor lighting is aesthetically pleasing and at minimum levels for the purpose of protecting neighbor privacy and reducing light pollution. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if aI/owing digital messaging on signs at movie theaters is consistent with the Town's general development objectives related to lighting. 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 The use of digital format signs is not only the trend in the movie theater industry, but in the sign industry as a whole. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. In addition to traditional signage standards such as size. number, and location; communities are now evaluating how to appropriately regulate the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of text/graphics; static versus changing messages; rates of message change; display effects such as scrolling. flashing, spinning. zooming. dissolving, fading, etc.; display of animation and video; sound; etc.). The Planning and Environmental Commission and the Town Council should consider if specific restrictions or limitations are necessary to ensure that signs with digital messaging are installed in a manner that achieves the Town's development objectives. 6 Should the Planning and Environmental Commission and Town Council choose to approve the applicant's proposed amendments, Staff recommends the Commission and Council consider applying limitations to the brightness of digital messaging and the rate of message change displayed by those signs. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Every sign within the Town of Vail is subject to design review by the Community Development Department and the Design Review Board. A primary purpose of this review is to ensure signs are in keeping with the Town's development objectives through the application of the sign design guidelines and the sign design standards prescribed by the Town Code. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. To ensure the appropriateness of digital signs, other communities have established prescriptive standards not only limiting sign size; but also restricting the location and orientation of signs to certain zone districts, distances to certain land uses such as schools and residences, relationship to street intersections or scenic corridors, etc. Many communities also consider the impacts to neighboring uses when regulating the operational modes of digital signs. While every sign in Vail is subject to design review, the Planning and Environmental Commission and Town Council may choose to amend the Town's sign design guidelines and/or standards to more specifically regulate the use of electronic signs within the town. For example, the Commission and Council may choose to impose limitations on the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of text/graphics; static versus changing messages; rates of message change; display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.; display of animation and video; sound; etc.). 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. 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 Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, 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 7 proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Section 11-7-8, Entertainment Signs, Vail Town Code, should be amended as follows: 11-7-8: ENTERTAINMENT SIGNS: Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Entertainment signs may be electronic signs. When used as entertainment signs, electronic signs shall only display a static image. When used as entertainment signs, the illumination levels of an electronic sign must adjust to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. 2. Section 11-9-2, Prohibited Signs, Vail Town Code, (in part) should be amended as follows: 11-9-2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail:" Staff does not believe there is a distinction between a restaurant in a movie theater and a restaurant in any other location within Vail. Since there is no distinction between restaurants, Staff does not recommend amending the Town Code to allow digital format menu box signs for movie theater restaurants. Staff believes doing so would be inconsistent with the purpose of the sign code "To describe and enable the fair and consistent enforcement of signs in the Town of Vail. " 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 November 22, 2010 memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its 8 established character as a resort and residential community of the highest quality_ " VII. ATTACHMENTS A. Applicant's Request B. Electronic Sign Example 9 I CineBistro Solaris Vail, Colorado 07-822 Submittal to the Town of Vail for a Sign Regulations Text Amendment Rodney L. Sartain, Architect 1909 Courtney Drive Birmiagbam., AI.. 35209 Offu:e: (205) 879~5458 Fax: (205) 879-S460 Cobb Cine bistro Solads Vail, Colorado Page 2 of6 I. Introduction to the Sign Code Amendment In 2003, the Tovt'Jl of Vail undertook a major re-write of Chapter II: Sign Regulations. This re­ "write was highly successful and generally greatly simplified the regulations pertaining to signage. However, as is typical with any new or modified regulations, there is 8 need to re,isit some issues that were either not considered at the time of adoption, or conditions have changed which would make additional tweaking necessat)'. Based on input from the Town Staff, the Solaris project, represented by Rodney L. Sartain, Architects, is submitting a text amendment to the Chapter 11; Sign Regulations, to meet the unique needs of CineBistro. These amendments can be charactem.ed by the unique needs of a movie theatre. A. Mmie Theater In general, commercial uses are treated equally in the Sign Regulations. However, there are certain uses that, due to their unique characteristics, are deserving of special consideration for signage. CiniBistro is unique within the rest of Vail; the Movie Theater is different from a typical restaurant or retail space, in that it is an attraction and community amenity which would be atypical of most development projects. CineBistro is clearly identified as public amenity of VaiL Currently, the Sign Regulations provides a defmition for "Entertainment Signs" as follows: ,')JGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format. including, but not limited to, movies, lelevi.w·on shows and audio CDs 01' record... Then Section 11·7-8: Entertainment Signs. provides additional allowable &ignage for movie posters, stating the following with regard to signage for mo,"ie theaters: 11-7-8: ENTERTAINMENT SIGNS: Theaters and muvielmedia rental business will be allowed three (3) poster images in [he from window at Q10I one time. The allowable area ofa busint:S$ sign for a thealer _ ..hall be fifteen (15) square flet and the design shall be subject to design review. However, there is no additional allowance for the new digital poster technology that is essential to the customer experiencing the complete digital cinema experience. Section 11-7-8 is proposed to be amended as follows (text to be added is show in bold itIllic): 11-7-8: ENTERTAINMENT SIGNS: Media rental business will be oJ/owed three (3) posler images in the front window 01 an)! one time. Theo:lr~ busbrns will be tdlowe4 tit," (3) po6Ier images in tlte front window at tilly o"e time. Theater poster images in digital format wiJh embedded movie fJ'tliJers (1114 mcclting digital men" bax are alJOWIfdfor tltellten only. The aJJawab/e area ofa business Sign for a theater shoJI be fifteen (I j) square feet and the design sholl be subject to design review. This amendment allows for movie theaters to have the latest high derwOOn digital movie posters and provides the Town of Vail with a state of the art entertainment venue. The fact that the Cine'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 11-6--3: 2 " ' .. Cobb Cinebistro Solaris VaH, Colorado Page 3 of6 BUSINESS SIGNS; the digital menu box allows all the exterior Cine' Bistro signage to have the same look for a unified design and presentation. II. Review Criteria for Text Amendment The Town of Vail Zoning Regulations pro\ide the criteria for review of a text amendment to the sign code. For the purposes ofthis application, each criterion will be addressed below: 1. The extent to wbidl the text amendment furthers the general and spedfk parposes of the zoning regulations; and Our anaLYsis: The Town of Vail Zoning Resutations. in Section }2·1-2: Purpose. describes the general purpose of the regulations as follows: 12-/-2: PURPOSE: A. General: These regulations are enat:ted for the purpose. of promoting the health. safety, morals, and general welfare of the. town, and 10 promote Ihe coordinated and harmon/orlS development of the town in a manner that will consef'V(! and enhance ils natural environment and its established character as a resort and residential community ofhigh quality. Section 12-1-2 also provides the specific purposes of the regulations as follows: I. To provide for adequate lighl, oil', sanitation, drainage. andpublic fac-ililies, 2. To secure sqfoty from fire. panic,}lood. avalanche, occumuJt1Iion ofsnow, and other dangerous conditions. 3. Ta promote safe and effiCient pedestrian and vehicular tralJU: circult1lion and ta lessen congestion in the streets, 4. To promote adequate and appropriately located ojJSl1'eet parking and loading facilities. 5. To consef'V(! and maintain established community qualities and economic valtles. 6. To encourage Q harmonious, convenient, workoble relationship among land uses, consistem with municipal development objectives. 7. To prevent excessive population densities and overcrowding ofthe land with s/J'UCtures. 8. To saflguard and enhance the appearance ofthe lawn. 9. To conserve am:l protect wild/ifo. streams, woods, hillsides, and other desirable natural foaMes. 10. Ta assure adequate open space, recreating opportunilies, and other amenities ant/facilities conducive [0 ,les/red living quarters. 3 ',' . Cobb Cinebistro Solaris Vail, Colorado Page 4 of6 11. To otherwise provide for the growth ofan order{v and viable community. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furthering the qualities important to the community. such as protecting economic values, enhancing the appearance of Vail, and providing for the growth of an orderl1 and viable community. Specifically, this text amendment wiD enhance the Town's established character of a resort and residential community ofhigh quality. In addition to the purpose statemeDls of the Zoning Regulations. Title 11-1-2, Sign Regulations, also provides the purpose statements ofthe Sign Regulations. J1-/-2: PURPOSE: A. Getreral Purpose: These regulalions are enacted for 1M purpose ofpromotion the Mallh. safely, morals. and general welfare of the lawn of Vail and to promote the coordinated and harmonious design and placement of:r;gns in the town in a manner thai will conserve and enhance its natural environment and its established character as a resort and residential community ofthe highest quality. B. Specific Purpose: These regulations are intended to OG'hieve the folJowing specific purposes: 1. To describe and enable the fair and consistent enforcement ofsigns in the town ofVail. 2. To encourage the establishment of well designed. creative signs that enhance the 1m/que character of Vail's Village atmosphere. 3. To preserve a successfol and high quality business environment thai is aitied by signs thai identifY. direct, and inform. 4. To aid in proViding for the growth ofan orderly, safe, beautiful. and viable community. The proposed text amendment also furthers the purpose statem.ents of the Vail Sign Regulations. Each ofthe purpose statements is clearly enhanced by the proposed statement. 2. The extent to wbkb the text amendment would better implement and better adlieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis; There are no adopted goals, objectives, or policies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: 4 ,.' . Cobb Cinebistro Solaris Vail, Colorado Page 5 of6 C,oAI: til ENCOURAGE HIGH QUAllTY, REDEVELOPMENT WHILE PRESF.RVING UNIQUE ARCHiTECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSIAIN ITS SENSE OF COMMUNITT AND lDEN11TY. Objective 1.2: Encourage the upgrading and redevelopmenJ ofresidential and commercial faci/itie,v. Objective 1.3: Enhance new development and redevelopment through puhlic imp~'ermmts done by private developers working in cooperation with the town. Policy 1.3.1: Public improvements shall be dewloped with the participation ofthe private sector working within the Town. Objective 1.4: Recognize: the "historic" importance afthe architecture, structures, landmarks. plazas and features In preserving the character ofVail Vii/age. Policy 1.4.2: The Town may grant flexibility In the interpretation and implementation ofits regulations and design pidelines 10 help protect and maintain the existing character ofVail Vii/age. GOAL #2 TO FOSI'F.R A STRONG TOURJSI'INDUSTRY AND PROMOTE YEAR· AROUND ECONOMIC HEALTH AND TI1ABIUTY FOR THE YlLLAGE AND FOR THE COMMUNITY ASA WHOlE Objectiw! 1.1: Recogniu the variety ofland uses found in the I J sub-areas throughout the Village and allow for development that is cfJmpatible with these established land use pa/lerns. Objectille 2.2: Recogniu the importance afVail Village as a mixed use center ofactivities for our guests, visitors, and residen/s. Objective 2.4: Encourage the developmen/ ofa variety ofnew commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial injill development consistent with established horizontal zoning regulations shall be encourage to provide activity generators, accessible greem;paces. publiC plazas. and slreelscape improvements to the pedestrian network throughout the Village. Pblicy 2.4.2: Activity that provides nightlife and evening entertainment for both the guest and the community shall be encouraged. Objec::tWe 1.5: Encourage the continued upgrading. renovation, and mainienance ofexisting lodging and commercial facilities to beller serve the needs ofour guests. Policy 2.5.1: Re<.'nating amenities, common areas. meetingjacilities and other amenities shall be preserved and enhanced as a part ofany redevelopment oJ lodging properties. Ob)ectWe1.7: Encourage the development ofmulti-use :I,peefal events lIemleS and infrastructure (ie, publicly restrooms, ptJWer and utilites, etc.) within Voil Village in cooperation with the privale sector. 5 Cobb Cinebistro Solaris Vail. Colorado Page 6 of6 Policy 2. 7.J: The development a/new special even] venu£s and improvements to existing venues shall be strongly encouraged to reinforce the importanl role that special events play In the promoting ayear-rmmd economy in Yail Yilla/?}!. As the above goals. objectives, and policies indicate. the Town recognizes the importance ofsuccessful commercial uses in Vail Village and has structures its policies and regulations to reflect this. One policy from the list above which is particularly noteworthy is Policy 2.4.2. which states: Activity that provides night life and evening entertainment for both the guest and community shaJl he encouraged The movie theater clearly falls under this policy. and due to the fact that it is both all attraction and a community amenity. indicates that special sign allowances should be considered for these uses. 3. The extent to whkb the text amendment demonstrates how conditions have substantially cbanged since the adoption of the subject regulation and how tbe existing regulation is no longer appropriate or is inapplicable; and Our Analysis: Due to the unique and evolving nature of digital movie theaters, digital movie posters with embedded movie trailers and menu box are necessary to present current movie products in the most entertaining medium. This digital presentation is part of the complete Cine'Bistro experience, Cobb Theatres' extraordinary premium movie and dinning experience captured in one unique entertainment venue. 6 18"H. "CINEBISTRO" SIGNAGE$114'-0" LEVEL 2 POLISHED STAINLESS STEEL LETTERS (PRISMATIC FACE) HALO-LIT. 3"H. "A COBB MOVIE THEATRE EXPERIENCE" POLISHED STAINLESS STEEL (FLAT FACE) STAND-OFF MOUNT LCD MOVIE POSTERS (3 fOfAL) 4 LCD MENU() I BOARD HI STONE () SURROUND STOREFRONT DOORS ST-05 $100'-0" LEVEL I BRON7F MONUMENTAL ENTRANCF. CUSTOM PULL (T.BD.J / 13'-0" l SYSTEM (EQUAL TO DAHSCN A WSTOM SERIES DOORS, FRAMES. AND HARDHARE: #464 NAVAL BRASS HI #4 SATIN GRAINING AND DARK OXIDIZED) STOREFRONT ENTRANCE 'G' SCALE: 1/4" = 1'-0" Vail Town Council Attachment: C PLANNING ANU t:NVIKUNMt:N I AL \'VIVIIVlI~~IVI" November 22, 2010 1:00pm TOWN COUNCIL CHAMBERS I PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Henry Pratt Micheal Kurz Bill Pierce John Rediker Tyler Schneidman David Viele Site Visits: 1. CineBistro -141 East Meadow Drive 45 minutes 1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. (PEC100049) Applicant: CineBistro, represented by David Kelley, Rodney L Sartain Architects Planner: Bill Gibson ACTION: Recommendation of approval with condition(s) MOTION: Kurz SECOND: Viele VOTE: 4-2-0 (Rediker and Pierce opposed) Bill Gibson made a presentation per the staff memorandum. Bill gave an overview of the staff recommendation. David Kelley, of Rodney L Sartain Architects, representing CineBistro, stated that he works with movie theaters on signage around the country and in most communities there are unique types of signs allowed for movie theaters. He felt there was a way to permit movie theaters the ability to have digital signs without opening a "box of worms". Peter Knobel, spoke about other businesses in Vail installing video screens three feet inside their store windows so they won't be regulated as signs by the Town of Vail. He expressed that a better policy would be to allow for electronic signs than to continue avoiding the issue. Commissioner Pierce identified several aspects for discussion about electronic signs. George Ruther reminded the Commission of their adviSOry role to the Town Council and that Staff wanted to accurately forward their recommendation, so he asked the Commissioners to also answer the five policy questions outlined in the Staff memorandum. Commissioner Kurz stated that he felt that the electronic signs installed at Cinebistro were appropriate, and Commission's conversation should focus on size requirements and the brightness of signs. He disagreed with Staff recommendation to in preventing motion on the signs. He felt motion and changing message was the primary reason for using electronic signs. He generally felt that electronic signs were appropriate throughout the Town, so long as size is regulated. Page 1 Commissioner Rediker noted his initial concerns about allowing electronic signs, but seeing the sign installed at Cine bistro changed his thoughts about allowing electronic movie theater signs. He generally felt that the proposed amendments were too broad and that electronic signs in general were not appropriate in Vail and did not believe that allowing electronic signs supported criterion #1 identified in the staff memorandum. He noted concern about providing a competitive advantage to a singular business type by allowing a theater restaurant to have a digital menu board. Commissioner Schneid man felt that the electronic entertainment signs were appropriate, but needed to have further regulations. Commissioner Cartin felt the installed movie theater signs were done very well and tastefully. He was concerned about a digital menu board. He felt that a variance may be more appropriate. He felt that the Commission and Design Review Board need to dive into the issue as the sign would not be a static sign. Things like brightness and sound need to be addressed. He learns more towards a variance for this proposal. He was not opposed to allowing digital signage, but wants to make sure the code is amended appropriately the first time. Commissioner Viele stated that he agreed with Commissioners Cartin and Rediker. He inquired as to the ability to apply and grant a variance for this type of signage. George Ruther and Bill Gibson explained that what was being requested would not be eligible for a variance as this type of signage was prohibited. Commissioner Pierce inquired as to Staffs research on other ski communities and how they address these types of signs. Bill Gibson went through the research he has done and how there were differences it how jurisdictions address these things. Commissioner Kurz stated that while there were several Commissioners who had concerns about electronic signs, there were no concerns with the signs at Cinebistro. He saw no need to hold up the applicant to have a joint meeting with the ORB and Town Council to discuss this change in policy. George Ruther explained that Staff focused on soley on movie theater in response to the submitted application. Staff did not review this proposal for allowing other types of electronic signs throughout the community. Commissioner Rediker inquired as to how to prevent other businesses from doing less tasteful signs. Kurz made a motion to forward a recommendation to the Town Council to allow electronic movie theater entertainment signs and menu box signs. As part of the motion, he recommended the Commission, Town Council and the Design Review Board hold a joint meeting to discuss the broader policy issues about electronic signs such as brightness, motion, etc. Rediker and Pierce opposed the motion as they felt the specific recommendations should be made to Town Council regarding size, brightness, hours of operation, audio and motion. 5 minutes 2. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Page 2 Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to January 10, 2011 MOTION: Viele SECOND: Kurz VOTE: 6-0-0 3. Approval of November 8, 2010 minutes MOTION: Viele SECOND: Kurz VOTE: 6-0-0 4. Information Update Commissioner Rediker informed the Commission about the State of the Watershed report that will be presented at the Town Council's next hearing. Commissioner Viele provided additional information about the report from his perspective as a water board member. 5. Adjournment MOTION: Kurz SECOND: Viele VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the 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. Community Development Department Published November 19, 2010, in the Vail Daily. Page 3 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 21,2010 SUBJECT: Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. (PEC100049) Applicant: CineBistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, CineBistro, represented by Rodney L. Sartain Architects, is requesting a first reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. The proposed Ordinance No. 22, Series of 2010, (Attachment A), November 22, 2010 Staff memorandum to the Planning and Environmental Commission (Attachment B), and the November 22, 2010 Planning and Environmental Commission hearing results (Attachment C), have been attached for review. II. BACKGROUND On November 22, 2010 the Planning and Environmental Commission held a public hearing on the proposed Sign Regulations amendments. At that hearing, the Planning and Environmental Commission voted 4-2-0 (Pierce and Rediker opposed) to forward a recommendation to the Vail Town Council that entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters should be allowed to be electronic signs. The Planning and Environmental Commission also forwarded a recommendation that the Vail Town Council, the Planning and Environmental Commission, and the Design Review Board should hold a joint work session to discuss general policies and additional regulations for all electronic signs. However, the Planning and Environmental Commission did not want these broader electronic sign policy discussions to delay the adoption of the applicant's request. Commissioners Pierce and Rediker were not opposed to the electronic signs installed at Cinebistro; however, both commissioners voted against the motion to forward a recommendation of approval for the proposed amendments. Both commissioners expressed their concern that the applicant's proposed amendments did not address electronic sign brightness, electronic sign hours of operation, entertainment sign size, and signs emitting audio advertisement. III. RECOMMENDATION The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for the first reading of Ordinance No. 22, Series of 2010, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs. Based upon the concerns expressed by the Planning and Environmental Commission at their November 22, 2010 hearing; Staff recommends the Vail Town Council consider adopting modifications to Ordinance No. 22, Series of 2010, to address electronic sign brightness, electronic sign hours of operation, entertainment sign size, and signs emitting audio advertisement. Communities typically regulate the brightness of electronic signs by either establishing a prescriptive standards such as a maximum nit level (nit is the unit of measurement for luminance: total light emitted by a sign divided by the sign surface area) or by establishing design guidelines such as signs being allowed to be "no brighter than is necessary for clear and adequate visibility." At this time, Staff recommends the Town of Vail adopt a general design guideline rather than a prescriptive standard to control the brightness of electronic entertainment signs and electronic menu boxes. The Planning and Environmental Commission identified hours of operation for electronic signs as an issue that could affect adjacent property owners if left unregulated. Electronic signs could become a public nuisance if allowed to emit light or produce glare onto adjacent streets and private properties during nighttime hours. Additionally, the use of electronic signs during nighttime hours could be counter to the Town's dark sky policies and goals of reducing light pollution. To address these concerns, Staff recommends limiting the hours of operation for electronic entertainment signs and menu boxes. As a point of reference, the Town's adopted nuisance regulations more strictly limit the levels of noise and amplified sound in town during nighttime hours. Those nighttime hours are identified by the Vail Town Code as 11 :OOpm to 7:00am the following morning. Staff recommends not allowing the operation of electronic entertainment signs and electronic menu boxes during these hours. The Planning and Environmental Commission noted concern that the Town's adopted sign regulations do not limit the size of entertainment signs with a quantified measurement, but only with the phrase "poster image". Industry standard paper movie posters measure both 27x40 inches and 27x41 inches in size (7.7 square feet in area). Staff recommends limiting the size of each entertainment sign to a maximum size of 8 square feet, subject to design review approval. The Town's adopted sign regulations currently prohibit signs that "emit any sound which is intended to attract attention". Due to the vagueness of the phrase "which is intended to attract attention," Staff recommends simply prohibiting signs that "emit any sound." The Town's adopted sign regulations include a list of prohibited signs. Staff recommends clarifying at the beginning of this list that some signs typically prohibited 2 may be allowed by other provisions of the sign regulations. For example, the adopted sign regulations have been interpreted to allow "government signs" installed by the Town of Vail for traffic control and other regulatory purposes to be exempted from the prohibited signs standards of the Town Code. While the Town's adopted sign regulations have specific signage allowances for theaters and movie/media rental businesses, neither the Town's adopted sign regulations nor the adopted zoning regulations define these land uses. Staff recommends defining theaters and movie/media rental businesses as part of this ordinance. Should the Vail Town Council choose to adopt Ordinance No. 22, Series of 2010, on first reading, Staff recommends the Council adopt the following modifications (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): SECTION 1. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 2. Section 11-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Movie/media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 3. Section 11-6-3-C, Menu Box (SD1 and SD2), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikothrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. 4. Location: Menu boxes shall be displayed on the business frontage. 5. Special Provisions: Menu boxes are allowed only at eating and drinking establishments for the exclusive display of menus. 3 Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 4. Section 11-7-8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 5. Section 11-9-2, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-9-2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6. Sub-section 11-9-2-D, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): D. Signs that incorporate projected images, emit any sound • ....hioh is intended to attraot attention, or involve the use of live animals. Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, the Community Development Department recommends the Town Council pass the following motion: 'The Town Council approves, on first reading, Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. " 4 Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, on first reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 22, 2010 memorandum and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. AITACHMENTS Attachment A: Ordinance No. 22, Series of 2010 Attachment B: November 22,2010 Staff memorandum to the PEC Attachment C: November 22, 2010 PEC hearing results 5 ORDINANCE NO. 22 Series of 201 0 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, technology has evolved and the use of electronic signs has become the industry standard for movie theaters; and, WHEREAS, Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and, WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Sign Regulations; and, WHEREAS, the Vail Town Council finds and determines thatthe amendmentto the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendmentto the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. !'JOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 2. Section 11-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Movie/media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Ordinance No. 22, Series of 2010, first reading Theater: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. SECTION 3. Section 11-6-3-C, Menu Box (S01 and S02), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection CS of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. 4. Location: Menu boxes shall be displayed on the business frontage. 5. Special Provisions: Menu boxes are allowed only at eating and drinking establishments for the exclusive display of menus. Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 4. Section 11-7-8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11 :00) PM and seven o'clock (7:00) AM the following day. SECTION 5. Section 11-9-2, Prohibited Signs, Vail Town Code, is hereby amended in.part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 11-9-2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6. Sub-section 11-9-2-0, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 22, Series of 2010, first reading 2 D. Signs that incorporate projected images, emit any sound !.·.·hieh is intended to attraet attention, or involve the use of live animals. SECTION 7. 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 anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8. 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 9. 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 10. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 it day of December, 2010 and a public hearing for second reading of this Ordinance set for the 4th 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. 22, Series 012010, lirst reading 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 22,2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. (PEC100049) Applicant: Cine Bistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. SUMMARY The applicant CineBistro, represented by Rodney L. Sartain Architects, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to allow for digital format entertainment signs for movie theaters and digital format menu box signs for movie theater restaurants. As this is a policy decision on whether to permit electronic signs. Staff recommends the Planning and Environmental Commission and the Town Council make the following policy decisions in reviewing this application: • Are signs with digital messaging compatible and complimentary to the "Vail" brand and the desired character of Vail's neighborhoods? • Do signs with digital messaging achieve the Town's development objectives of being a resort and residential community of the highest quality? • Are signs with digital messaging appropriate for use as movie theater entertainment signs (Le. coming attraction/now showing posters)? • Are signs with digital messaging appropriate for use as restaurant menu boxes? • Are there restrictions or limitation that must be applied to signs with digital messaging to achieve the Town's development objectives? II. DESCRIPTION OF REQUEST CineBistro is a movie theater and restaurant located in the Solaris building at 141 East Meadow Drive. While CineBistro is the catalyst for this application, the proposed sign regulation amendments will affect all existing and futUre movie theaters and movie theater restaurants. The applicant is proposing to amend the Town's sign regulations to address the following: • Allow digital messaging on movie theater posters (Le. "entertainment signs") • Allow digital messaging on movie theater restaurant menu boxes 1 The applicant contends that "CineBistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant or retail space, in that it is an attraction and community amenity which would be atypical of most development projects. CineBistro is clearly a public amenity of Vail ... The applicant states " ... there is no additional allowance for the new digital poster technology that is essential to the customer experiencing the complete digital cinema experience. " Additionally, 'This amendment allows for movie theaters to have the latest high definition movie posters and provides the Town of Vail with a state of the art entertainment venue. " The applicant identifies that Cine Bistro includes a full service restaurant which is allowed a menu box sign pursuant to the Town's existing sign regulations. The applicant is proposing that theater restaurant menu boxes also be digital since "the digital menu box allows all the exterior CineBistro signage to have the same look for a unified design and presentation. " A copy of the applicant's request has been attached for review (Attachment A). The applicant's proposed regulation amendments are as follows {text to be deleted is in strikethFOugh, text that is to be added is bold, and sections of text that are not amended have been omitted}: 11-7-8: ENTERTAINMENT SIGNS: ThoatefS and Movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Theatre business will be allowed three (3) poster images in the front window at anyone time. Theater poster images in digital format with embedded movie trailers and matching digital menu box are allowed for theaters only. The allowable area of a business sign for a theater shall be fifteen (15) square feet and the design shall be subject to design review. III. BACKGROUND The Town of Vail's sign regulations were adopted for the following purpose: "These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. " The Town of Vail's current policies prohibit digital messaging on signs through the following provisions of the adopted sign regulations: 11-9-2: Prohibited Signs, Vail Town Code (in part) '~. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; 2 C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals. " There are four exceptions to these prohibitions: government signs, public parking on private property signs, ski base area signs, and advertisement located further than three feet inside a store front window. The Town of Vail utilizes digital messaging on signs signs at the interstate highway exit ramps, along the frontage road, at the public parking structures, etc. for traffic control and other governmental purposes. On May 18, 2010 the Town of Vail adopted Ordinance No. 10, Series of 2010, to allow signage for public parking on private property uses. This ordinance formalized the allowance of digital messaging on signs at the Front Door loading dock, Arrabelle loading dock, and Solaris public parking structures. When adopting this ordinance, the Town of Vail determined that bowling alleys and movie theaters are unique land uses that should be allowed different signage than other businesses. This ordinance allows bowling alleys and movie theaters to install business identification signs up to 15 sq.ft. in area, rather than the standard 6 sq.ft maximum. On November 2, 2010 the Town of Vail adopted Ordinance No. 16, Series of 2010, amended the sign regulations to allow digital messaging on signs in the Golden Peak, Vail Village, Lionshead, and Cascade Village ski base areas, subject to approval of a seasonal sign program. Ordinance No. 16 defines any sign using a digital message or format as an "electronic sign" as follows: Sign, Electronic: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. The Town's sign regulations define a window sign as "a sign installed upon or within three feet (3J of a window ... ", so signs installed more than three feet inside a storefront window are not regulated by the Town Code. There are examples in Vail Village, Lionshead, and West Vail of businesses displaying advertisement with unregulated signs installed more than three feet inside their storefront windows. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11 : SIGN REGULATIONS (in part) 11-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety. morals. and general welfare of the town of Vail and to promote the 3 coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. . B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 11-2: DEFINITIONS: (in part) MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side for the express purpose of displaying menus; allowed at eating and drinking establishments only. DISPLA Y BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side, for the express purpose of displaying real estate listings and current movie listing; allowed at real estate businesses and movie theaters only. SIGN, ELECTRONIC: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including, but not limited to, movies, television shows and audio CDs or records. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and The Town's sign regulations currently allow unique signage opportunities for unique land uses. For example, bowling alleys and movie theaters are allowed larger business identification signs than other land uses. In addition to a standard business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs". Similarly, real estate offices and movie theaters are allowed to erect "display box signs". Movie theaters and movie/media rental businesses are also allowed to erect "entertainment signs". And recently. "electronic signs" and "portable signs" have been allowed to be installed in the Golden Peak, Vail Village, Lionshead, and Cascade ski base areas. 4 Staff believes the applicant's proposal to allow movies theaters to utilize digital format entertainment signs is consistent with the following purposes of the Town's Sign Regulations: "2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. " In 2003 the Town of Vail amended the sign regulations in an effort to streamline the development review process and to create equity between businesses. Staff believes allowing a restaurant in a movie theater to utilize digital messaging on menu box sign, while prohibiting such menu box signs for restaurants in other locations, would be inconsistent with the following purpose of the sign code: "1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail." 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 Every sign installed within the Town of Vail is subject to design review. The Town's sign design guidelines "exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. " PIJrsuant to Section 11-5-2, Design Guidelines, Vail Town Code, any signs erected in Vail should "be consistent with the scale and architecture already present in town" and "be aesthetically harmonious with the mountain setting and the alpine vii/age atmosphere of the town." Additionally, signs should also be "compatible with the placement of surrounding signs." In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is harmonious with the town's character and furthers the Town's development objective of being a resort and residential community of the highest quality. The Town's sign design guidelines recommend the use of natural materials (wood, stone, metal, etc.) instead of plastics or synthetic materials and the use of natural colors; the guidelines also recommend the use of creative graphics and lettering. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. 5 The Town's sign design guidelines recommend the use of inconspicuous sign lighting. Pursuant to Section 11-5-2, Design Guidelines, Vail Town Code, "Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged." In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the intent of these guidelines. While the provisions of Section 14-10-7, Outdoor Lighting, Vail Town Code, do not apply to signs; these provisions do apply to all other outdoor lighting in the community. The purpose of these outdoor lighting regulations is as follows: 'This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to aI/ow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote 'dark sky' lighting fixtures and installation techniques to reduce light pollution. " While Section 14-10-7, Outdoor Lighting, Vail Town Code, does not apply to signs; this code section does articulate the Town's development objectives of ensuring safe and functional outdoor lighting while also ensuring that outdoor lighting is aesthetically pleasing and at minimum levels for the purpose of protecting neighbor privacy and reducing light pollution. In reviewing this proposed regulation amendment, the Planning and Environmental Commission and the Town Council should consider if allowing digital messaging on signs at movie theaters is consistent with the Town's general development objectives related to lighting. 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 The use of digital format signs is not only the trend in the movie theater industry, but in the sign industry as a whole. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. In addition to traditional signage standards such as size, number, and location; communities are now evaluating how to appropriately regulate the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of texVgraphics; static versus changing messages; rates of message change; display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.; display of animation and video; sound; etc.). The Planning and Environmental Commission and the Town Council should consider if specific restrictions or limitations are necessary to ensure that signs with digital messaging are installed in a manner that achieves the Town's development objectives. 6 Should the Planning and Environmental Commission and Town Council choose to approve the applicant's proposed amendments, Staff recommends the Commission and Council consider applying limitations to the brightness of digital messaging and the rate of message change displayed by those signs. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Every sign within the Town of Vail is subject to design review by the Community Development Department and the Design Review Board. A primary purpose of this review is to ensure signs are in keeping with the Town's development objectives through the application of the sign design guidelines and the sign design standards prescribed by the Town Code. Many communities are currently deliberating how to appropriately regulate digital technology as it relates to signs. To ensure the appropriateness of digital signs, other communities have established prescriptive standards not only limiting sign size; but also restricting the location and orientation of signs to certain zone districts, distances to certain land uses such as schools and residences, relationship to street intersections or scenic corridors, etc. Many communities also consider the impacts to neighboring uses when regulating the operational modes of digital signs. While every sign in Vail is subject to design review, the Planning and Environmental Commission and Town Council may choose to amend the Town's sign design guidelines and/or standards to more specifically regulate the use of electronic signs within the town. For example, the Commission and Council may choose to impose limitations on the operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes and colors of text/graphics; static versus changing messages; rates of message change; display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.; display of animation and video; sound; etc.). 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. 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 Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to aI/ow for digital format entertainment signs and menu box signs for theaters, 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 7 proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Section 11-7-8, Entertainment Signs, Vail Town Code, should be amended as follows: 11-7-8: ENTERTAINMENT SIGNS: Theaters and movie/media rental business will be allowed three (3) poster images in the front window at anyone time. Entertainment signs may be electronic signs. When used as entertainment signs, electronic signs shall only display a static Image. When used as entertainment signs, the Illumination levels of an electronic sign must adjust to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. 2. Section 11-9-2, Prohibited Signs, Vail Town Code, (in part) should be amended as follows: 11-9-2: Prohibited Signs: Unless othelWise allowed by this title, the following signs are prohibited within the Town of Vail:" Staff does not believe there is a distinction between a restaurant in a movie theater and a restaurant in any other location within Vail. Since there is no distinction between restaurants, Staff does not recommend amending the Town Code to allow digital format menu box signs for movie theater restaurants. Staff believes doing so would be inconsistent with the purpose of the sign code "To describe and enable the fair and consistent enforcement of signs in the Town of Vail." 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: IlBased upon the review of the criteria outlined in Section V of Staff's November 22,2010 memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its 8 established character as a resort and residential community of the highest quality. " VII. ATTACHMENTS A. Applicant's Request B. Electronic Sign Example 9 · ' CineBistro Solaris Vail, Colorado 07-822 Submittal to the Town of Vail for a Sign Regulations Text Amendment Rodney L. Sartain, Architect 1909 Com:t:ney Drive Birmiag1i!Jm" At 3S209 Oftlce: (lOS) 879-5458 Fax; (205) 879-S460 Cobb Cinebistro SoIaris Vail. Colorado Page 2 of6 I. Introduction to the Sign Code Amendment In 2003, the Town of Vail undertook a major re-write of Chapter 11: Sign RegulatiOns. This re­ write was highly successful and generally greatly simplified the regulations pertaining to signage. However. as is typical with any new Of modified regulations, there is a need to revisit some issues that were either not considered at the time of adoption. or conditions have changed which would make additional tweaking necessary. Based on input ftom the Town S~ the S«>1aris project, represented by Rodney L. Sartain, Architects, is submitting. a text amendment to the Chapter 11: Sign Regulations, to meet the unique needs of CineBistro. These amendments can be characterized by the unique needs ofa movie theatre. A Movie Theater In general. commereW uses are treated equally in the Sign Regulations. However, there are certain uses that, due to their unique characteristics, are deserving of special oOIisid~tion for signage. CineBistro is unique within 1he rest of Vail: the Movie Theater is different ftmn a tYPical restaurant or retail space. in that it is an attraction and community amenity whiohwould be atypical of most development projects. CinCBistro is clearly identified as public amenity ofVaiJ. Currently, the Sign Regulations provides a dCImition for "Entertainment Signs" as follows: SIGN. ENTERTAINMENT: A sign that serves to advertise a visual or audio media format, including, but no/limited to, movies, television slwws andaudio CDs or records. Then Section 11-7-8: Entertainment Signs. provides additional allowable signage for movie posters, stating the following wi1h regard to signage for movie theaters: 11-7-8: ENTERT.AINMENT SIGNS: Theaters I1nd movItlmedJa rental businen will b~ ai/awed three (3) poSter images in the front window 01 any one lime. The allowable area ofa business sign for a theater shall be fifteen (1 S) square feet and the design shall be subject to design review. . However, there is no additional allowance for the new digital poster technology that is essential to the customer experiencing the complete digital cinema experience. Section 11-7-8 is proposed to be amended as follows (text to be added is show in bold it4lic): 11-7-8: ENrERTAlNMENTSlGNS: Media rental business will be allowed three (3)poster images in the front window at any one time. neotre""1:$8 Will ~al10wed tIIus (3)postei~in tilefro"t wbuJmv at llIIy oni tim&. .neater poaIefintilges in dlgltal/urliult With snbdihd IJIOrie tnJiIen IlIId mlltclting digittd ",DIII. box lire rilIowtul/OI' the4lsn 011(,. The allowable area ofa bUsiness sign for a theater shoJI be fifteen (1 S) square feet and the design sluzllbe subject to design review. This amendment allows for movie theaters tobave the 1atest high definition digital movie posters and provides the Town of Vail with a state of the art entertainment venue. The fact lhat the Cine 'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 11-6-3: 2 , ',' ; Cobb Cin6bistro Solaris Vail, Colorado Page 3 of6 BUSINESS SIGNS; the digital menu box. allows all the exterior Cine'Bistro signage to have the same look for 8 unified design and presentation. II. Review Criteria for Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the sign code. For the purposes ofthis application, each criterion will be addressed below: I. The exteJrt to whim the tat amendment furthers the general and specific purposes of the zoRinE rquiatiOIU; and Our Analysis; The Town of Vail Zoning Regulations. in Section 12~1~2: Purpose. descu'bes the general purpose of the regulations as follows: 12~J-2: PURPOSE: A General: These regulations are enacted for the purpose of promoting the health. safety, morals. and general welfare of the lown, and to promote the coord/noted and harmonious development of the town in a tnaI1Itel' that wjl/ conserve. and enhance its natural enviT"Onmenl and its established character as a resort and rent!ential community afhigh quality. Section 12~1-2 also provides the specific purposes of the regulations as fonows: I. To pf'Ol'lde for adequate IIghJ, air, sanitation. drainage, andpublic facilities. 2. To secure sqte.ty from fire, panic. flood. avalanche, accumulation ofsnow, and other dangerous conditions. 3. To promote saft and efficient peikstrlan and vehicular traffic circulation and to /usen congestion in the streets. 4. To promote adequate and appropriately located offstreet parking and loading facilities. 5. To conserve and maintain established community qualities and economiC YO/lies. 6. To encourage a harmonious, convenient, workable relationship among /and uses, consistent with municipal development Objectives. 7. To prevent en:essive population densities and overcrowding of/he land with structures. 8. To safeguard and enhonce the appearance a/the lqwn. 9. To conserve. and protect Wildlife.. slreOitlS, woods. hillsides, and other desirable natural ftatures. 10. To ,,<;sure odequole open space, recreaJing opportuniUes. and other omenities andfocllities conducive to desired living quarters. 3 Cobb Cinebistro Solaris Vail, Colorado Page 4 of6 11. To otherwise provide for tire growth ofan orderly and viable community. The text amendment to the Sign Regulations furthers the purposes of the zoning regulations by furtberingthe qualities important to the conmtunity, such as protecting economic values, enhancing the appearance of Vail. and providinJ for the growth of an orderly and viable community. Specifically, this text amendment will enhance the Town's established character of a resort and residential community of high quality. In addition to the purpose statements of the Zoning Regulations. Tide 11-1-2, Sign Regulations, also provides the purpose statements ofthe Sign Regulations. J/-/-2: PURPOSE: A. General Purpose: These regulations are enactedfor the purpose ofpromotion the health. saftty, morals, aIId general welfare of 1M town of Vail and to promote the coordinated and harmonious design and placement ofsigns In the town in a manner /hal will conserve and enhance ils natural etwironment and its establislred character as a res01'l and residential community ofthe highest quality. B. Specific Purpose: These regulations are intended to achieve the following ...peeijie purposes: 1. To describe and enable the fair and consistent enforcemenl ofsigns In the town o/Yail. 2. To encourage the establishment of well designed, creative signs that enhmce the unique character afYail's village atmosphere. 3. To preserve a successftd and high quality bUSiness environment thut is aided by signs that identi./Y. direct, and inform. 4. To aid in providing for the growth 0/an orderly, safe. beautifid, and viable community. The proposed text amendment also furthers the purpose statements of the Vail Sign Regulations. Each of the purpose statements is clearly ebhanced by the proposed statement 2. The eltent to wbkh the text amendment would better implement and better. achieve the appJkable dementi of the adopted pis. objectives, and policies outlined ill the Vail comprehensive plan and hi compatible With the deftlopment objectives of the town; and Our Analysis; There are no adopted goals, objectives, or polieies that directly relate to signage. However, the following goals from the Vail Village Master Plan are applicable: 4 " . Cobb Cin6bistro Solaris Vail, Colorado Page 5 of6 GOAL #/ ENCOURAGE HIGH QUAU1Y. REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHrrECTURAL SCALE OF mE JlILLAGE IN ORDER TO SUSIAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage. the upgrading and redevelopment ofresidential and commercial facilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the town. Policy /.3.1: Public improvements shall be developed with the participaJion afthe. private sector working within the Town. Objective 1.4: Recognize the "historic'" imparlance ofthe architecture, structures, landmarks. plazas and[eatures in preserving the character ofVail Vl1lage. Policy 1.4.2: The Town may grant jkxibility in the inhfrpretation and implementation ofils regulations and design guidelines to help pro/eet and maintain the. existing character o{Vaii Village. GOAL #2 TO FOSIER It stRONG TOURIst INDUSTRY AND PROMOTE lEAR­ AROUND ECONO}.l[C llEALm AND JlIABILITY FOR mE VllJ..A.GE AND FOR mE COMMUNIrT ASA WHOLE. Objective 2.1: Recognize the VOI'iety ofland uses found in the 11 sub-areas throughout the Village and allow for de.tJe/opmen/ thai is compatible with these established land use patterns. Objective 22: Recognize the importance ofVail Vii/age as a mixed use center ofactivities for oUl' guests. visitors, and residents. Objective 2.4: Encourage the development ofa variety ofnew commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial inflll development consistent with established horizontal zoning regulations shall be encourage to provide activity generators, accessible greenspaces. public plazas. and slreeiscape Improvements to the pedestrian network throughout the Pillage. Policy 2.4.2: ActIvfty that provfdes night life. and evening entertainment for both the guest and the community shall be encouraged Objective 2.5: Encourage the continued upgrading. renovation, and mainte1U1l1Ce ofexisting lodging and commercial faCilities to belrer serve the needs ofour guests. PoIk:y 2.5.1: Recreating amenities, common areas, meetingfacilities and other amen/lies ~'hall be preserved am:J enhanced as a pari ofany redevelopment oflodging properties. Objective 2. 7: Encourage the development ofmulti-use special events vemles and infi'ustructure (ie, publlcl)l restrooms, power andulflites. etc.) within YaU Vii/age in cooperation with the private sector. 5 . .," .. Cobb Cin6bistro Solaris Vail, Colorado Page 60f6 Policy 2.7.1: The development ofnew special event venues and improvements to existing venues ~'hall be strongly encouraged ta reinforce the important role that special events play in the promoting a year~round economy in Vail Vii/age. As Ihe above goals. objectives. and policies indicate, the Town recognizes 1he importance ofswx:ess1bl commercial use$ in Vail Village and has strUctures its policies and regulations to reflect this. One policy from the list above which is particularly noteworthy is Policy 2.4.2, which states: Activity that provides night life and evening entertainment for both the guest and community shaU be encouraged The movie 1heater clearly falls under this policy. and due to the fact that it is both an attraction and II community amenity. indicates that special sign allowances should be considered for these uses. 3. The es:tent to whicb the text amendment demonstrates how conditions have substantially tbanged siDee the adoption of the. subject regulation and bow 1be existing regulation is no longer appropriate or is inapplicable; and Our Analxsis: Due to the unique and evolving nature of digital movie theaters, digital movie posters with embedded movie trailers and menu box are necessary to present current movie products in the most entertaining mediu:m. This digital presentation is part ofthe complete Cine'Bistro experience, Cobb Theatres' extraordimuy premium movie and dinning experience captured in one unique entertainment venue. 6 18"H. ·CINEBISTRO· SIGNAGE$114'-0" LEVEL 2 POLISHED STAINLESS STEEL lETTERS (PRISMATIC FACE) HALO-LIT. 3"H. "A COBB MOVIE THEATRE EXPERIENCE" POLISHED STAINLESS STEEL (FlAT FACE) STAND-OFF MOUNT LCD MOVIE POSTERS (3 ro rAL) 4 LCD MENU() _I BOARD W STONE () SURROUND STOREFRONT DOORS ST-05 $100'-0" LEVEL I BRON7F MONUMENTAL ENTRANCf. CUSTOM PULL (T.B.D.) / 13'-0" L SYSTEM (EQUAL TO DAWSON .. GlJSTOM SERIES DOORS, FRAMES, AND HARDWARE: '*464 NAVAL BRASS W #4 SATIN 6RAININ6 AND DARK OXIDIZED) STOREFRONT ENTRANCE 'G' SCALE: = 1'-0" PLANNING AND ENVIRONMENTAL COMMISSION November 22, 2010 1:00pm TOWN COUNCIL CHAMBERS I PUBLIC WELCOME 75 S. Frontage Road· Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Henry Pratt Micheal Kurz Bill Pierce John Rediker Tyler Schneid man David Viele Site Visits: 1. CineBistro -141 East Meadow Drive 45 minutes 1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. (PEC100049) Applicant: Cine Bistro, represented by David Kelley, Rodney L Sartain Architects Planner: Bill Gibson ACTION: Recommendation of approval with condition(s) MOTION: Kurz SECOND: Viele VOTE: 4·2·0 (Rediker and Pierce opposed) Bill Gibson made a presentation per the staff memorandum. Bill gave an overview of the staff recommendation. David Kelley, of Rodney L Sartain Architects, representing CineBistro, stated that he works with movie theaters on signage around the country and in most communities there are unique types of signs allowed for movie theaters. He felt there was a way to permit movie theaters the ability to have digital signs without opening a "box of worms". Peter Knobel, spoke about other businesses in Vail installing video screens three feet inside their store windows so they won't be regulated as signs by the Town of Vail. He expressed that a better policy would be to allow for electronic signs than to continue avoiding the issue. Commissioner Pierce identified several aspects for discussion about electronic signs. George Ruther reminded the Commission of their advisory role to the Town Council and that Staff wanted to accurately forward their recommendation, so he asked the Commissioners to also answer the five policy questions outlined in the Staff memorandum. Commissioner Kurz stated that he felt that the electronic signs installed at Cinebistro were appropriate, and Commission's conversation should focus on size requirements and the brightness of signs. He disagreed with Staff recommendation to in preventing motion on the signs. He felt motion and changing message was the primary reason for using electronic signs. He generally felt that electronic signs were appropriate throughout the Town, so long as size is regulated. Page 1 Commissioner Rediker noted his initial concerns about allowing electronic signs, but seeing the sign installed at Cinebistro changed his thoughts about allowing electronic movie theater signs. He generally felt that the proposed amendments were too broad and that electronic signs in general were not appropriate in Vail and did not believe that allowing electronic signs supported criterion #1 identified in the staff memorandum. He noted concern about providing a competitive advantage to a singular business type by allowing a theater restaurant to have a digital menu board. Commissioner Schneidman felt that the electronic entertainment signs were appropriate, but needed to have further regulations. Commissioner Cartin felt the installed movie theater signs were done very well and tastefully. He was concerned about a digital menu board. He felt that a variance may be more appropriate. He felt that the Commission and Design Review Board need to dive into the issue as the sign would not be a static sign. Things like brightness and sound need to be addressed. He learns more towards a variance for this proposal. He was not opposed to allowing digital signage, but wants to make sure the code is amended appropriately the first time. Commissioner Viele stated that he agreed with Commissioners Cartin and Rediker. He inquired as to the ability to apply and grant a variance for this type of signage. George Ruther and Bill Gibson explained that what was being requested would not be eligible for a variance as this type of signage was prohibited. Commissioner Pierce inquired as to Staff's research on other ski communities and how they address these types of signs. Bill Gibson went through the research he has done and how there were differences it how jurisdictions address these things. Commissioner Kurz stated that while there were several Commissioners who had concerns about electronic signs, there were no concerns with the signs at Cinebistro. He saw no need to hold up the applicant to have a joint meeting with the DRB and Town Council to discuss this change in policy. George Ruther explained that Staff focused on soley on movie theater in response to the submitted application. Staff did not review this proposal for allowing other types of electronic signs throughout the community. Commissioner Rediker inquired as to how to prevent other businesses from doing less tasteful signs. Kurz made a motion to forward a recommendation to the Town Council to allow electronic movie theater entertainment signs and menu box signs. As part of the motion, he recommended the Commission, Town Council and the Design Review Board hold a joint meeting to discuss the broader policy issues about electronic signs such as brightness, motion, etc. Rediker and Pierce opposed the motion as they felt the specific recommendations should be made to Town Council regarding size, brightness, hours of operation, audio and motion. 5 minutes 2. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Page 2 Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to January 10, 2011 MOTION: Viele SECOND: Kurz VOTE: 6-0-0 3. Approval of November 8, 2010 minutes MOTION: Viele SECOND: Kurz VOTE: 6-0-0 4. Information Update Commissioner Rediker informed the Commission about the State of the Watershed report that will be presented at the Town Council's next hearing. Commissioner Viele provided additional information about the report from his perspective as a water board member. 5. Adjournment MOTION: Kurz SECOND: Viele VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the 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. Community Development Department Published November 19, 2010, in the Vail Daily. Page 3