HomeMy WebLinkAbout1987-01-20 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JANUARY 20, 1987
7:30 p.m.
AGENDA
1. Consent Agenda
A. Ordinance No. 3, Series of 1987, second reading, an ordinance imposing
zoning districts on parcels of property in the recently reannexed West Vail
area including but not limited to Vail Heights, Vail das Schone Filings No.
1 and No. 2 and Vail Ridge subdivisions as well as certain unplatted
parcels.
B. Ordinance No. 1, Series of 1987, second reading, an ordinance zoning
certain parcels of property legally described as a resubdivision of Tract
D, a resubdivision of Vail das Schone, Filing No. 1, Town of Vail, Eagle
County, Colorado, heretofore annexed to the Town of Vail, designating said
zoning districts for the annexed property; setting forth details relating
thereto; and amending the official zoning map in relation to the annexed
property.
C. Ordinance No. 2, Series of 1987, second reading, an ordinance rezoning
certain parcels of property described as Parcel B and Parcel C, a
resubdivision of Lots 14 and 17, Block 7, Vail Village, First Filing, Town
of Vail, Eagle County, Colorado; designating said zoning districts for the
subject property; setting forth details relating thereto; and amending the
official zoning map in relation to the subject property.
2. Colorado Department of Highways Presentation and Public Meeting regarding the
I-70 West Corridor Study
3. Total Beauty Centre Sign Variance Request
CITIZEN PARTICIPATION
4. Town Manager's Report
5. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, JANUARY 20, 1987
7:30 p.m.
EXPANDED AGENDA
7:30 1. Consent Agenda
Rick Pylman A. Ordinance No. 3, Series of 1987, second reading,
pertaining to zoning for Vail das Schone, Vail Heights,
and Vail Ridge area of West Vail
Action Requested of Council: Approve/deny Ordinance
No. 3, Series of 1987, on second reading.
Background Rationale: Zoning proposed is identical to
the zoning in place prior to the deannexation of this
area with two exceptions: 1) Parcel A of Tract D
(adjacent to the Texaco Station), and 2) the Ulbrich
parcel. These parcels are to be zoned under separate
action.
Staff Recommendation: Approve Ordinance No. 3, Series
of 1987, on second reading.
Rick Pylman B. Ordinance No. 1, Series of 1987, second reading, to
zone Parcel A west of the Texaco Station
Action Requested of Council: Approve/deny Ordinance
No. 1, Series of 1987, on second reading.
Background Rationale: The Wend Group Partnership has
received approval from the PEC for minor subdivision
and zoning of Tract D as commercial. Town Council
approval is required for the zoning request. Tract D
is located just west of the West Vail Texaco Station.
Staff Recommendation: Approve Ordinance No. 1, Series
of 1987, on second reading.
Rick Pylman C. Ordinance No. 2, Series of 1987, second reading, a
request to rezone two lots in Vail Village First Filing
tot create one primary/secondary lot and two single
family lots
Action Requested of Council: Approve/deny Ordinance
No. 2, Series of 1987, on second reading.
Background Rationale: The applicant has applied for
and received conditional approval for subdivision and
zoning of Lots 14 and 18, Block 7, Vail Village First
Filing to create three lots, one primary and two single
family. The zoning request requires final approval by
the Town Council.
Staff Recommendation: Approve Ordinance No. 2, Series
of 1987, on second reading.
7:40 2. Colorado Department of Highways Presentation and Public
Stan Berryman Meeting regarding the I-70 West Corridor Study
Action Requested of Council: None. Presentation by
Colorado Dept. of Highways personnel to update the Town
Council and receive public input regarding the I-70 West
Corridor study.
Background Rationale: Since June, 1986, the Colorado Dept.
of Highways, in conjunction with local governments, has been
studying the I-70 west corridor from the Clear Creek County
line to the Eagle County Airport to determine possible
short-term and long-term transportation solutions for
recreational related transportation impacts. A
transportation computer model has been developed to estimate
future travel. The Highway Dept. would like to receive
Council and public input regarding desired transportation
improvements and solutions to the corridor.
8:10 3. Total Beauty Centre Sign Variance Request
Kristan Pritz
Action Requested of Council: Review the sign variance
request and determine if the variance should be approved or
denied.
Background Rationale: Total Beauty Centre is located on the
second floor above Alpine Gold in Vail Village Inn Phase
II. The applicant is requesting to have three signs (two on
the awning and one wooden sign in the covered entry) with a
total square footage of 7.3 sq. ft. Under the sign code, a
second story business is allowed one sign of 3 sq. ft. at
the entry point into the building. The applicant is
requesting two additional signs beyond the one sign that is
allowed as well as an additional 4.3 sq. ft. of signage for
the business. On January 7, 1987, the Design Review Board
recommended to Town Council to approve the two signs on the
awning but to deny the wooden sign. The vote was 5-0 in
support of the motion. The variance for the awning was
considered reasonable as Total Beauty has a visibility
problem due to: 1) a second floor location, 2) the entrance
is'located on the second tier of shops, and 3) a covered
walkway blocks the visibility of the awning signage and
entry, particularly from East Meadow Drive.
Staff Recommendation: The staff supports the variance for
the awning and recommends denial of the request for the
additional wooden sign in the covered entry way. At this
time, the applicant is requesting approval for the entire
variance. For this reason, staff must recommend denial of
the proposal as a whole. Please note that the Council may
approve the application "subject to such modifications
as it deems necessary to accomplish the purpose of this
title." Section 16.36.080
CITIZEN PARTICIPATION
4. Town Manager's Report
5. Adjournment
-2-
ORDINANCE NO. 3
Series of 1987
AN ORDINANCE IMPOSING ZONING DISTRICTS ON PARCELS
OF PROPERTY IN THE RECENTLY RE-ANNEXED WEST VAIL AREA
INCLUDING BUT NOT LIMITED TO VAIL HEIGHTS, VAIL DAS
SCHONE FILINGS NO. 1 AND NO. 2 AND VAIL RIDGE SUBDIVISIONS
AS WELL AS CERTAIN UNPLATTED PARCELS
WHEREAS, The Town of Vail, Colorado recently re-annexed a portion of the West
Vail area, County of Eagle, State of Colorado, effective on October 29, 1986 as
depicted in the attached Exhibit A; and
WHEREAS, Chapter 18.68 of the Vail Municipal code sets forth procedures for the
imposition of zoning districts and recently annexed areas; and
WHEREAS, Section 31-12-115 (S) CRS, 1973, as amended, requires the Town to
bring newly annexed areas under a zoning ordinance within 90 days after the
effective date of annexation; and
WHEREAS, whereas, the Town of Vail and John Ulbrich have entered into an
agreement extending the time period within which zoning must be applied to 180
days (agreement dated June 16, 1986); and
WHEREAS, there is an application from the property owner of a portion of Tract
D, Vail das Schone Filing No. 1 for a minor subdivision and rezoning which
shall remove said parcel from the jurisdiction of this ordinance; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
considered the zoning to be imposed on the re-annexed area at a public hearing
and has made a recommendation to the Town Council to adopt zoning as proposed
in this ordinance; and
WHEREAS, the Town Council considers it is in the best interest of the public
health, safety and welfare to so zone said property.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Procedures Fulfilled,
The procedures for the determination of the zoning districts to be imposed on
the recently re-annexed West Vail area as set forth in Chapter 18.68 of the
Vail Municipal Code have been fulfilled.
Section 2.
A part of Tract D, Vail das Schone Filing #1 as generally shown on the attached
Exhibit A shall be exempt from this ordinance.
Section 3.
Lot 21, Section 14, an unplatted parcel known as the Ulbrich property as shown
on the attached Exhibit A shall also be exempt from the jurisdiction of this
ordinance.
Section 4.
As provided in Section 18.080.030 of the Vail Municipal Code, the Zoning
Administrator is hereby directed to properly modify and amend the official
zoning map to indicate the zoning specified herein.
Section 5.
If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect 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 6.
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 7.
The repeal or the repeal and reenactment of any provisions of the Vail
Municipal Code as provided in this ordinance shall not affect any right which
has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed and
reenacted. The repeal of any provision hereby shall not revive any provision
or any ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th DAY OF January
1987, and a public hearing shall be held on this ordinance on the 6th day
of January , 1987 at'7:30 P.M. in the Council Chambers of the
Vail Municipal Building in Vail, Colorado.
Ordered published in full this 6th day of January 1987.
Paul R. Johnston, Mayor
ATTEST
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
ORDINANCE NO. 1
Series of 1987
AN ORDINANCE ZONING CERTAIN PARCELS OF PROPERTY
LEGALLY DESCRIBED AS A RESUBDIVISION OF TRACT D,
A RESUBDIVISION OF VAIL DAS SCHONE, FILING NO. 1,
TOWN OF VAIL, EAGLE COUNTY, COLORADO, HERETOFORE
ANNEXED TO THE TOWN OF VAIL, DESIGNATING SAID ZONING
DISTRICTS FOR THE ANNEXED PROPERTY; SETTING FORTH DETAILS
RELATING THERETO; AND AMENDING THE OFFICIAL ZONING MAP
IN RELATION TO THE ANNEXED PROPERTY.
WHEREAS, the property to be zoned hereby has been recently annexed to the
Town of Vail; and
WHEREAS, the Planning and Environmental Commission has considered the
appropriate zoning for the recently annexed property and has unanimously
recommended that the Town Council zone the parcel Commercial Core III; and
WHEREAS, the Town Council considers it in the public interest to zone said
annexed property as soon as possible.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.
The Town Council finds that the procedures for the provision of zoning
districts for property recently annexed to the Town of Vail have been
fulfilled, and the Town Council hereby received the report of recommendation of
the Planning and Environmental Commission recommending the zoning of the
annexed property.
Section 2.
Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property
described as a resubdivision of Tract D, a resubdivision of Vail das Schone
Filing No. 1, Town of Vail, Eagle County, Colorado is rezoned as Commercial
Core III (CCIII).
Section 3.
As provided in the ordinances of the Town of Vail, the zoning administrator is
hereby directed to modify and amend the official zoning map to include the
zoning specified in Section Two (2) above.
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 affect 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 repeal or the repeal and reenactment of any provisions of the Vail
Municipal Code as provided in this ordinance shall not affect any right which
has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed and
reenacted. The repeal of any provision hereby shall not revive any provision
or any ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th DAY OF January
1987, and a public hearing shall be held on this ordinance on the 6th day
of January 1987 at 7:30 p.m. in the Council Chambers of the
Vail Municipal Building in Vail, Colorado.
Ordered published in full this 6th day of January 1987.
Paul R. Johnston, Mayor
ATTEST
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
ORDINANCE NO. 2
Series of 1987
AN ORDINANCE REZONING CERTAIN PARCELS OF PROPERTY
DESCRIBED AS PARCEL B AND PARCEL C, A RESUBDIVISION
OF LOTS 14 AND 17, BLOCK 7, VAIL VILLAGE, FIRST FILING,
TOWN OF VAIL, EAGLE COUNTY, COLORADO; DESIGNATING SAID
ZONING DISTRICTS FOR THE SUBJECT PROPERTY; SETTING FORTH
DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL ZONING
MAP IN RELATION TO THE SUBJECT PROPERTY
WHEREAS, the property to be rezoned hereby lies within the jurisdiction of
the Town of Vail; and
WHEREAS, the Planning and Environmental Commission has considered the
appropriate zoning for the subject property and unanimously recommended to the
Town Council rezone Parcels B and C Single Family Residential; and
WHEREAS, the Town Council considers it in the public interest to zone said
property Single Family Residential.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.
The Town Council finds that the procedures for the provision of rezoning
property have been fulfilled, and that the Town Council hereby receives the
report of the recommendation of the Planning and Environmental Commission
recommending the rezoning of the subject property.
Section 2.
Pursuant to Section 18.66.100 of the Vail Municipal Code, parcels of
property described as Parcel B and Parcel C, a resubdivison of Lots 14 and 17,
Block 7, Vail Village First Filing, Town of Vail, Eagle County, Colorado, are
rezoned to Single Family Resident.ial (SFR).
Section 3.
As provided in the ordinances of the Town of Vail, the zoning
administrator is hereby directed to modify and amend the official zoning map to
include the zoning specified in Section Two (2) above.
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 affect 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 repeal or the repeal and reenactment of any provisions of the Vail
Municipal Code as provided in this ordinance shall not affect any right which
has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed and
reenacted. The repeal of any provision hereby shall not revive any provision
or any ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th DAY OF January
1987, and a public hearing shall be held on this ordinance on the 6th day
of January , 1987 at 7:30 p.m. in the Council Chambers of the
Vail Municipal Building in Vail, Colorado.
Ordered published in full this 6th day of January 1987.
Paul R. Johnston, Mayor
ATTEST
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1987.
Paul R. Johnston, Mayor
ATTEST:
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TO: Design Review Board
FROM: Community Development Department
DATE: December 17, 1986
SUBJECT: Sign variance request for the Total Beauty Centre
APPLICANT: Total Beauty Centre: Brenda Le Grange
I. REQUEST
On November 19, 1986 the applicant tabled the variance until the
December 17, 1986 meeting. The request has. not been changed from the
original proposal. In general, members favored the variance for the
awning but did not support the additional sign in the covered walkway
off of Meadow Drive.
Total Beauty Centre is in Phase I & II of Vail Village Inn. The
business is located on the second floor above Alpine Gold. To reach
Total Beauty, a pedestrian enters off of East Meadow Drive, passes
through an outside covered stairway between Alpine Gold and Vail Village
Inn Sports, and goes through a common door at the top of the stairway.
The applicant is requesting variances from the following section of the
Town of Vail sign code:
Section 16.20.090 Projecting and Hanging Signs--Individual
business within a multi-tenant building.
I. Special Provisions
3. In a case where a business or organization located
above or below street level fronts directly onto an
exterior balcony, deck, walkway or stairway which is
utilized as the business' own entrance and for
unrestricted public access and use, the allowable sign
area for any sign to be located at the building level
shall be based upon the portion of the business
frontage which abuts directly upon the balcony deck,
walkway or stairway with a maximum size allowed not to
exceed 5 square feet. A sign of a maximum area of 3
square feet shall be allowed for businesses having
insufficient frontage
The applicant is requesting approval for the following signs:
1. A black and white awning which has one sign on the front of
the awning and one on the side.
Side signage: 8" x 2' = 1.3 sq ft
Front signage: 1' x 3' = 3.0 sq ft
2. A hanging black and white wooden sign located in the covered
walkway leading up to the entrance. This sign is 1'x 3' = 3
sq ft.
At this time, Total Beauty Centre has three signs (two on the awning)
with a total square footage of 7.3 square feet. Under the sign code, a
second story business is allowed 3 square feet at the entry point into
the building. Therefore, the applicant is requesting two additional
signs beyond the one sign that is allowed as well as an additional 4.3
square feet of signage for the business.
The applicant has submitted the following statement as to why she feels
the sign variance is warranted:
"Total Beauty Centre has over the past 5 years had 2 entrances
--our main entrance being-where Goods' main entrance is now and
our back entrance was just west of Alpenrose' back patio. We now
have only one entrance--that being the back entrance which is now
our main entrance. The visibility to the entrance is difficult,
having to walk under a covered walkway and then upstairs.
The signage used now is without a doubt a lot more tasteful than
what was originally being used--a bright yellow and green sun
shaped sign also larger than what we have now. The old sign was
in a more strategic position--on the front corner of the
building. We have now moved our new sign further back off the
street.
With regard to the awning, we basically replaced the old Polo
colours--green with orange stripes--with our colours--black and
white. The sign next to our entrance was removed when the new
awning was installed. Both the sign and awning have our logo and
are a vast improvement to what was previously there.
As we have decreased the signage and done a more subtle and
tasteful job on our new signs, I am sure you will agree and thus
approve the new sign and awning."
II. FINDINGS AND STAFF RESPONSES
Before the board acts on a variance application, the applicant must
prove physical hardship and the board must find that:
A. There are special circumstances or conditions applying to the
land, buildings, topoqraphy, veqetation, siqn structures or other
matters on adjacent lots or within the adjacent riaht-of-way which
would substantiallv restrict the effectiveness of the siqn in
question; provided, however, that such special circumstances or
conditions are unique to the particular business or enterprise to
which the applicant desires to draw attention, and do not apply
generally to all businesses or enterprises.
Staff Response:
Total Beauty Centre has a visibility problem due to several
factors: 1) The salon is located on the second floor of the
-2-
building, 2) the entrance is located off East Meadow Drive on the
second (or rear) tier of shops, and 3) in order to get to Total
Beauty Centre, you must walk through a covered walkway which
blocks the visibility of the awning signage and entry. Staff
believes that this is a special circumstance which warrants some
additional signage to identify the business. Our opinion is that
the awning signage which includes one sign of 1.3 square feet and
one sign of 3 square feet is warranted. We do not feel that it is
necessary for Total Beauty Centre to have a separate sign at the
entrance to the covered walkway off East Meadow Drive. If Total
Beauty Centre is allowed this sign, then all the businesses on the
second tier of shops in the Vail Village Inn commercial area
should be allowed to have a sign at this entrance. To allow the
approximate ten retail spaces to have signs at this entrance would
create unnecessary sign clutter. For this reason, it is felt that
a variance is warranted for the awning signage, but not for the
hanging sign.
B. That special circumstances were not created by the applicant or
anyone in privy to the applicant:
Special circumstances were not created by the applicant.
C. That the qrantinq of the variance will be in qeneral harmony with
the purposes of this title, and will not be materially detrimental
to the persons residinq or working in the vicinity, to adjacent
property, to the neighborhood, or to the public welfare in
general.
Staff Response:
Generally, the proposed signage is in harmony with the purposes of
this title which state in Section 16.16.010, that "sign location,
configuration, design, materials and colors should be harmonious
with the majestic mountain setting and the alpine village scale of
the town." Staff agrees that the signage is very tastefully done,
however there is concern with the 3 square foot sign being located
in the covered entry way into the second level of shops. Our
opinion is that signage should be located in the area of the
business and should not be scattered throughout a project to
direct a pedestrian to the business. A variance is warranted for
the awning, which is a request that will still be in compliance
with the sign code in the sense that the signage is located at the
entrance to the shop. Staff cannot support the request for the
sign in the covered entry way of the Vail Village Inn Phase II
commercial area.
-3-
D. The variance applied for does not depart from the provisions of
this title any more than is required to identify the applicant's
business or use.
Staff Response:
In respect to the awning, it is felt that the requested signage is
necessary to identify the applicant's business. However, the sign
in the covered entryway does go beyond the amount of signage that
is really necessary to identify the business.
III. Such other factors and criteria as the Design Review Board deems
applicable to the proposed-variance.
IV. STAFF RECOMMENDATION
The staff supports the variance for the awning, however, we are unable
to support the request for the additional sign in the covered entryway.
For this reason, the staff recommends denial of the variance request.
We would recommend to the applicant that a joint use directory be placed
adjacent to the covered entryway up to the second level of shops at Vail
Village Inn to direct pedestrians into this area. The purpose of this
type of sign is "to list all tenants within a multi-tenant building and
to guide the pedestrian to an individual tenant within the building."
(Section 16.20.040) This approach to the visibility problems for the
businesses on the second level of the Vail Village Inn commercial area
will provide additional signage for all the shops on the second level in
a manner that will not create sign clutter. The staff prefers this
approach to the alternative of allowing many of these businesses to
locate individual signs out on the East Meadow Drive entryway.
-4-
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TEXAS TOWNHOUSE HOMEOWNER'S ASSOCIATION RECD JAN 1 5 1987
Vail, Colorado
c/o 650 S. Cherry St., Suite 1000
Denver, Colorado 80222
(303) 321-1000
January 8, 1987
Mr. Larry A. Esquith
Town Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Larry:
You and I have been working away at the Texas Townhouse
parking situation for a number of years and I would. like to
convey my appreciation to you for being an excellent city
attorney, mediator, and facilitator in finalizing this matter
for us all.
We are appreciative for the Town's approach, although I
know their preference is not to convey property. I honestly
feel that it is in everyone's best interest that the matter
was resolved in the fashion that it was. I will talk with
Peter Patton in order to resolve the signage matter.
I hope you had a very pleasant holiday season and I
look forward to seeing you in Vail soon again.
Persona egards,
Peyt Perry
PFP/vw