HomeMy WebLinkAboutPRJ08-0027 PEC080005Planning and Environmental Commisson
ACTION FORM
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COrAt1J`.1'r C~YELOPMENT
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name: TOV SEX BUSINESS ZONING CODE PEC Number: PEC080005
Project Description:
FINAL APPROVAL FOR A PEC ZONING CODE TEXT AMENDMENT TO ZONING REGULATIONS TO
ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN ONE ZONE
DISTRICT
Participants:
OWNER VAIL COLORADO MUNICIPAL BLDG 02/11/2008
75 S FRONTAGE RD
VAIL
CO 81657
APPLICANT VAIL COLORADO MUNICIPAL BLDG 02/11/2008
75 S FRONTAGE RD
VAIL
CO 81657
Project Address: 75 S FRONTAGE RD WEST VAIL Location:
Legal Description: Lot: Block: Subdivision:
Parcel Number: 2101-064-0000-3
Comments:
BOARD/STAFF ACTION
Motion By: Kjesbo
Second By: Proper
Vote: 6-0-0
Conditions:
Action: APPROVED
Date of Approval: 05/12/2008
Cond: 8
PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: RACHEL FRIEDE PEC Fee Paid: $0.00
Zoning Code Amendments
Application for Review by the
Planning and Environmental Commission
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Department of Community Development
f11 ~I 1'~~ ~ 75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2128 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
Rezoning 1300 Conditional Use Permit 650
Major Subdivision 1500 Floodplain Modification 400
Minor Subdivision 650 Minor Exterior Alteration 650
Exemption Plat 650 Major Exterior Alteration 800
Minor Amendment to an SDD 1000 Development Plan 1500
New Special Development District 6000 Amendment to a Development Plan 250
Major Amendment to an SDD 6000 Zoning Code Amendment 1300
Major Amendment to an SDD 1250 Variance 500
no exterior modifications)Sign Variance 200
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Location of the Proposal: Lot: Block:_ Subdivision:
Physical Address:
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Zoning:
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Mailing Address:
E-mail Address: Fax
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Fee Paid: heck N By:
Meeting Date: ? ~ ~ ~~ PEC No.:
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MEMORANDUM ~
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TO: Vail Town Council
FROM: Community Development Department
DATE: May 20, 2008
SUBJECT: First reading of Ordinance No. 13, Series of 2008, an Ordinance amending Chapter
12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14,
Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town
Code, to allow for sexually oriented businesses as a conditional use in the Heavy
Service District, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Rachel Friede
I. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 13, Series of
2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service
District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use
Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in
the Heavy Service District, and setting forth details in regard thereto.
The Vail Town Council can choose to approve, approve with modifications, or deny
Ordinance No. 13, Series of 2008, on first reading.
Based upon Staff's review of the criteria outlined in Section V of the Planning and
Environmental Commission memorandum dated May 12, 2008 and the evidence and
testimony presented, the Community Development Department recommends the Vail Town
Council approve Ordinance No. 13, Series of 2008, subject to the findings noted in Section
III of this memorandum.
II. BACKGROUND
On May 6, 2008, the Vail Town Council unanimously approved Ordinance No. 11, Series of
2008, upon first reading. Ordinance No. 11, Series of 2008 established licensing
requirements for sexually oriented businesses with amendments to Title 4, Business and
Licensing Regulations, Vail Town Code.
Ordinance No. 13, Series of 2008, includes proposed text amendments to Title 12, Zoning
Regulations, Vail Town Code, that establishes sexually oriented businesses as a conditional
use within the Heavy Service (HS) Zone District. On May 12, 2008, the Planning and
Environmental Commission voted unanimously to recommend approval of the proposed text
amendments to the Vail Town Council.
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III. STAFF IiECO~VIMENDATION
The Community Development Department recommends that the Vail Town Council approve
Ordinance No. 13 Series of 2008, an ordinance amending Chapter 12-2, Definitions, Article
12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-
16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria in Section V of the Planning
and Environmental Commission memorandum dated May 12, 2008, and the evidence and
testimony presented.
Should the Vail Town Council choose to approve these proposed text amendments,
the Community Development Department recommends the Council make a motion
to approve Ordinance No 13, Series of 2008, with the following findings
incorporated:
1. Thaf the amendments are consistent with the applicable elements of fhe
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 purpose of Title 12, Zoning
Regulations, Vail Town Code; 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
A. Ordinance No. 13, Series of 2008
B. PEC memo dated May 12, 2008
C. PEC minutes dated May 12, 2008 (in part)
2
ATTACHMENT A
ORDINANCE NO. 13
SERIES OF 2008
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO
CHAPTER 12-2, DEFINITIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT,
CHAPTER 12-14, SUPPLEMENTAL REGULATIONS, AND CHAPTER 12-16,
CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR
SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE
HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town
of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the
proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance
with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations
of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that sexually oriented businesses
produce adverse secondary effects on the public health, safety and welfare; and
WHEREAS, such adverse secondary effects include increased rates of certain crimes,
including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the
spread of sexually transmitted diseases, the debasement of both men and women, a decrease
in property values for surrounding properties, and noise, parking and traffic problems; and
WHEREAS, such adverse secondary effects occur most often in the areas immediately
surrounding such businesses; and
WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the
findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City ofAurora, 136 F.3d 683
10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541
U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002),
concerning the adverse secondary effects of sexually oriented businesses on communities in
Colorado and elsewhere; and
WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the
findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535
U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485
U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on
surrounding areas; and
WHEREAS, to reduce the adverse secondary effects caused by sexually oriented
businesses in the Town, the Town Council deems it appropriate and necessary to amend its
current regulations and to adopt new regulations for sexually oriented businesses.
Ordinance No. 13, Series of 2008
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2, Vail Town Code, is hereby amended as follows:
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret,
adult motion picture theater or adult theater, except an establishment where a
medical practitioner, psychologist, psychiatrist or similar professional licensed
by the State of Colorado engages in approved and recognized sexual therapy.
Section 2. Section 12-7G-3, Vail Town Code, is hereby amended as follows
12-7G-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
Building materials stores.
Business offices.
Commercial laundry and cleaning services.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Ordinance No. 13, Series of 2008 2
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
Section 3. Section 12-16-7, Vail Town Code, is hereby amended to add new Section
12-16-7A-16, Vail Town Code, to read as follows:
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
12-16-7A-16: Sexually oriented businesses.
1. Sexually oriented businesses shall be located a minimum of
five hundred feet from any:
a. Religious Institution
b. Public park
c. Library
d. State-licensed day care facility;
e. School or educational facility serving persons under
eighteen years of age; or
f. Any other sexually oriented business.
2. The distance between any two sexually oriented businesses
shall be measured in a straight line, without regard to
intervening structures, from the closest exterior structural
wall of each business. Distance between any sexually
oriented business and any religious institution, school or
public park shall be measured in a straight line, without
regard to intervening structures, from the nearest portion of
the structure used for the sexually oriented business to the
nearest property line of the religious institution or school, or
the nearest boundary of the public park.
3. Sexually explicit advertisements or other promotional
displays for sexually oriented businesses that are harmful to
minors shall not be visible to minors from pedestrian ways,
walkways or other public areas.
4. Sexually oriented businesses shall obtain a license pursuant
to Title 4, Business and License Regulations, Vail Town Code,
as a condition of approval for a conditional use permit.
Ordinance No. 13, Series of 2008 3
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 and a public
hearing for second reading of this Ordinance set for the 3rd day of June, 2008, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelai Donaldson, Town Clerk
Ordinance No. 13, Series of 2008 4
ATTACHMENT B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 12, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation
amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District,
Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use
Permits, Vail Town Code, to allow for sexually oriented businesses as a
conditional use in the Heavy Service District, and setting forth details in regard
thereto. (PEC080005)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, Town of Vail, is requesting the Planning and Environmental Commission
forward a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-2,
Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental
Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for
sexually oriented businesses as a conditional use in the Heavy Service District, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the proposed text
amendments, subject to the findings noted in Section VI of this memorandum.
II. BACKGROUND
Sexually oriented businesses (SOBs) receive a number of protections under the First
Amendment of the United States Constitution and the corresponding provision of the
Colorado Constitution. Indeed, the First Amendment dictates that a municipality must
allow SOBs to locate somewhere within a Town's jurisdictional boundaries in order to
avoid a constitutional challenge. The Vail Town Code does not currently permit SOBs to
locate anywhere within the Town limits.
Nude dancing and similar sexually oriented conduct has been deemed to be expressive
conduct that is protected by the First Amendment. While such conduct is not considered
core" First Amendment speech, the regulations governing such businesses must be
content neutral and must take the form of time, place and manner restrictions.
On April 15, 2008, the Vail Town Council requested that Staff prepare an ordinance to
Ordinance No. 13, Series of 2008
address the lack of sexually oriented businesses being identified as a specific land use
in any of the zone districts within the Town's boundaries.
There are two parts to the regulations being proposed that will regulate SOBs. The first
is the licensing regulations that place content neutral requirements on time, place and
manner of SOBs. Part 1 amends Title 4 of the Code by the addition of a new Chapter 12
governing business licenses for SOBs. This part was in an ordinance that was passed
by the Vail Town Council upon first reading on May 6, 2008, provided as Attachment A.
The section that is being presented to the PEC is the amendments to the Zoning
Regulations in order to allow for SOBS as a conditional use in the Heavy Service District.
The amendments also place specific criteria on SOBs as a conditional use, more
specifically to where SOBs may be placed in relation to schools, churches, state
licensed day care facilities, and other sexually oriented businesses. The proposed text
amendments will require a 500 foot buffer between SOBs and these uses. Requiring a
buffer between two SOBs will ensure that multiple SOBs do not create an agglomeration
economy, which is when an area becomes a haven for a specific type of use, thus
generating more traffic and potentially negative impacts. Five hundred feet was
specifically chosen because this distance has been tested in multiple municipalities and
is considered an adequate distance to buffer uses.
According to legal advice on SOBs based on regional and federal court decisions, SOBs
must be a permitted or conditional use in at least one zone district in order to allow for
the use somewhere within a jurisdiction. After reviewing the purpose statements of all of
the zone districts, SOBs fit best with the industrial uses of the Heavy Service District.
HS District is comprised of the three gas station properties within Vail and is specifically
intended as a district for uses not appropriate elsewhere. A map showing Heavy Service
District locations is provided in Attachment B.
DESCRIPTION OF THE REQUEST
Staff is requesting that the following changes be made to Title 12:
TITLE 12: ZONING REGULATIONS
CHAPTER 2: DEFINITIONS:
12-2-2: DEFINITIONS, ENUMERATED:
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret,
adult motion picture theater or adult theater, except an establishment where a
medical practitioner, psychologist, psychiatrist or similar professional licensed
by the State of Colorado engages in approved and recognized sexual therapy.
12-7G: HEAVY SERVICE DISTRICT
12-7G-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
Building materials stores.
Ordinance No. 13, Series of 2008 2
Business offices.
Commercial laundry and cleaning services.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. USES AND CRITERIA:
12-16-7A-16: SEXUALLY ORIENTED BUSINESSES.
1. Sexually oriented businesses shall be located a minimum of
five hundred feet from any:
a. Church, public park or library;
b. State-licensed day care facility;
c. School or educational facility serving persons under
eighteen years of age; or
d. Any other sexually oriented business.
2. The distance between any two sexually oriented businesses
shall be measured in a straight line, without regard to
intervening structures, from the closest exterior structural
wall of each business. Distance between any sexually
oriented business and any church, school or public park shall
be measured in a straight line, without regard to intervening
structures, from the nearest portion of the structure used for
the sexually oriented business to the nearest property line of
the church or school, or the nearest boundary of the public
park.
3. Sexually explicit advertisements or other promotional
displays for sexually oriented businesses that are harmful to
minors shall not be visible to minors from pedestrian ways,
Ordinance No. 13, Series of 2008 3
walkways or other public areas.
4. Sexually oriented businesses shall obtain a license per Title
4, Vail Town Code, as a condition of approval for a
conditional use permit.
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part)
12-1-2: PURPOSE
A. General. These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
12-7G: HEAVY SERVICE (HS) DISTRICT
12-7G-1: PURPOSE:
The heavy service district is intended to provide sites for automotive oriented uses and
for commercial service uses which are not appropriate in other commercial districts.
Because of the nature of the uses permitted and their operating characteristics,
appearance and potential for generating automotive and truck traffic, all uses in the
heavy service district are subject to the conditional use permit procedure. In granting a
conditional use permit, the planning and environmental commission or the town council
may prescribe more restrictive development standards than the standards prescribed for
the zone district in order to protect adjoining uses from adverse influences.
12-3-7: AMENDMENT.'
C. Criteria and Findings:
2. Prescribed Regulations Amendment:
Ordinance No. 13, Series of 2008 4
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
1) The extent to which the text amendment furthers the general and specific purposes
of fhe zoning regulations; and
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
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
4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
5) Such other factors and criteria the commission and/or council deem applicable to the
proposed text amendment.
12-23-1: PURPOSE AND APPLICABILITY
A. The purpose of this chapter is to ensure that new commercial development and
redevelopment in the town provide for a reasonable amount of employee housing to
mitigate the impact on employee housing caused by such commercial development and
redevelopment.
12-24-1: PURPOSE AND APPLICABILITY.
A. The purpose of this chapter is to ensure that new residential development and
redevelopment in the town of Vail provide for a reasonable amount of employee housing
to mitigate the impact on employee housing caused by such residential development
and redevelopment.
V. REVIEW CRITERIA
Staff believes these text amendments are in accordance with the purpose and intent of
Titles 12, Zoning Regulations, and are in the public interest and serve to improve the
Code. The review criteria and factors for consideration for a request of a text
amendment to Title 12, are established in accordance with the provisions of Chapter 12-
3, Vail Town Code.
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and,
Staff believes the proposed text amendments further the general and specific
purposes of the Zoning Regulations by conserving and maintaining established
community qualities, and ensuring a workable relationship among land uses. By
specifying a zone district for SOBs, the Town is assured that SOBs will not occur
in the general commercial zone districts, specifically in the commercial cores
where a family oriented mixed use theme exists today. With SOBs in Heavy
Service only, the use is isolated among industrial uses where an SOB will have
Ordinance No. 13, Series of 2008 5
limited negative effects.
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,
Staff believes the proposed text amendments further the goals of the Vail Village
Master Plan and the Lionshead Redevelopment Master Plan generally by not
allowing SOBs as a use in those subareas. It is essential to the character of the
commercial cores that they remain free of SOBs. It is also furthering the goals
within the Vail Land Use Plan to retain the original character of the commercial
cores.
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 text amendments reflect the changing legal environment surrounding SOBs.
A recent court battle occurred in Frisco, Colorado when an applicant challenged
the Town over a sudden SOB moratorium after he attempted to apply for an SOB
in the downtown historic district. Ultimately, Frisco won and the SOB was
denied, but the court battle was costly and embarrassing, and shed light on the
need for other municipalities to regulate SOBs.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes the proposed text amendments provide a workable relationship
among land uses because the amendments seek to isolate SOBs within one
zone district rather than allow them throughout the town in zone districts that are
inappropriate for this use.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council,
pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation
amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter
12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail
Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy
Service District, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to recommend approval of
these text amendments, Staff recommends the Commission pass the following motion:
The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for the Town of Vail's request for a prescribed
regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy
Ordinance No. 13, Series of 2008 6
Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16,
Conditional Use Permits, Vail Town Code, to allow for sexually oriented
businesses as a conditional use in the Heavy Service District, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to recommend approval of
these text amendments, the Department of Community Development recommends the
Commission makes the following findings part of the motion:
Based upon the review of the criteria outlined in Section V of this Staff
memorandum to the Planning and Environmental Commission dated May 12,
2008, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendments are consistent with the applicable elements of the
adopfed 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 Zoning
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."
VII. ATTACHMENTS
A. Ordinance No. 11, Series of 2008 (Omitted for Town Council Packets)
B. Heavy Service District Map
Ordinance No. 13, Series of 2008 7
Attachment
B
Ordinance
No.
13,
Series
of
2008
ATTACHMENT C
o~ ~ `,
PLANNING AND ENVIRONMENTAL COMMISSION RESULTS (IN PART)
May 12, 2008 1:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT
Rollie Kjesbo
Michael Kurz
Bill Pierce
Sara Robinson-Paladino
Scott Proper
Susie Tjossem
MEMBERS ABSENT
David Viele
30 Minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2,
Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations,
and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented
businesses as a conditional use in the Heavy Service District, and setting forth details in
regard thereto. (PEC080005)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Recommendation of approval
MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0
Rachel Friede made a presentation per the Staff memorandum.
Commissioner Pierce asked whether the three lots in Heavy Service are at least 500 feet
from each other, per the proposed requirements.
Rachel Friede answered that the lot on the south side of the highway is more than 500 feet
from the other two lots, while the two lots next to the West Vail North roundabout could
potentially have businesses within 500 feet of each other.
Commissioner Kurz asked if the licensing regulations were boiler plate and had been tested
for accuracy. Town Attorney Matt Mire stated that the licensing requirements had been
tested by the court system. He further asked if this regulation change resulted in a de facto
ban on SOBs as the properties are currently gas stations and highly utilized.
Matt Mire, Town Attorney, stated that the courts have required that at least one lot exist that
meets the criteria, but that this lot does not necessarily have to be vacant for immediate use.
Commissioner Tjossem asked about the proximity of the Heavy Service District to properties
zoned residential.
Rachel Friede explained that because of existing conditions within the Town, it was difficult
to regulate the distance between SOBs and residential uses, because even a short distance
could preclude any of the lots from being available for SOBs.
Commissioner Robinson-Paladino asked if the 500 foot distance could be increased.
Matt Mire said he would look into whether or not it could be increased, but that the 500 feet
was a tested distance by the courts.
Ordinance No. 13, Series of 2008