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HomeMy WebLinkAbout2003-10-21 Support Documentation Town Council Evening SessionEVENING MEETING AGENDA 6 P.M. TUESDAY, OCT. 21, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (5 min.) 2. ITEMROPIC: Consent Agenda re: Approval of Sept. 2 and Sept. 16 Evening Meeting Minutes (5 min.) 3. Sybill Navas ITEM/TOPIC: Appointments to Fill Two Vacancies on the Commission on Special Events (5 min.) 4. Gregg Barrie ITEM/TOPIC: Floodplain Review (10 min.) BACKGROUND RATIONALE: Proposed changes to Vail's flood plain map, including impacts to adjacent property owners, will be discussed during informational workshops on Oct. 22 and 29, hosted by the Town of Vail and the Federal Emergency Management Agency (FEMA). The new map is an update from the current 1983 version and will be used to determine flood insurance rates for the various flood hazard areas in the town. While every property owner has the option to purchase flood insurance regardless of the property's location, the map is used by insurance companies and mortgage brokers to determine who is required to carry flood insurance. 5. Rod Slifer ITEM/TOPIC: Conference Center Committee Update (20 min.) Scott Proper Russell Forrest 6. Russell Forrest ITEM/TOPIC: Overview of the Lionshead Submittal by Vail Resorts, Inc. Jack Hunn (30 min.) 7. Russell Forrest tTEM/TOPIC: Request for a Continuance on the Front Door Project Appeal from Nov. 4 to Dec. 2 (10 min..) 8. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 19, Series of 2003, an ordinance repealing and reenacting Title 11, Sign Regulations, Vail Town Code, to accomplish longstanding goals and objectives set forth by the Town, with input from the public, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28 the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The commission determined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at its regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7. A copy of staff's last memorandum to the PEC is attached for reference, as are other supplemental materials, including the latest draft of the proposed Title 11, intended to address the comments received from council at its last hearing. 9. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 26, Series of 2003, Parking Fine Ordinance re: Regulations, an Ordinance Amending Title 7, Chapter 3, Article D "Parking Infractions,"; and Amending Chapter 6 "Transportation Center," of the Municipal Code of the Town of Vail; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny BACKGROUND RATIONALE: An ordinance was requested by Town Council to increase parking fines. Additional amendments were also necessary to Title 7, Chapter 6 of the Vail Town Code to more effectively enforce Town of Vait parking regulations. 10. Matt Gennett ITEMlTOPIC: First Reading of Ordinance No. 27, Series of 2003, an ordinance amending Title 14, Section 10, Development Standards Handbook, to allow for the use of temporary, pliable, transparent sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 27, Series of 2003, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held a public meeting to consider this request on Aug. 25, at which the PEC forwarded a recommendation of approval to the Town Council after determining that the use of these enclosures, on an intermittent, seasonal basis, would be an asset to the vitality of Vail. A copy of staff's memo to the PEC from their Aug. 25 meeting has been attached for reference. The Summary section (Section 1) of the attached memo articulates the rationale behind staff's request. 11. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 28, Series of 2003, I-70 Joe Russell Engine Brake Noise Ordinance, an Ordinance Prohibiting the Use of Stan Zemler Dynamic Braking Devices on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny BACKGROUND RATIONALE: On Sept. 16, an ordinance was requested by Town Council to reduce noise on I-70 caused by dynamic braking devices. 12. Stan Zemler ITEMlTOPIC: Town Manager's Report (10 min.) 13. Adjournment (8:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. EVENING MEETING AGENDA 6 P.M. TUESDAY, OCT. 21, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (5 min.) 2. ITEM/TOPIC: Consent Agenda re: Approval of Sept. 2 and Sept. 16 Evening Meeting Minutes (5 min.) 3. Sybiil Navas ITEM/TOPIC: Appointments to Fill Two Vacancies on the Commission on Special Events (5 min.) 4. Gregg Barrie ITEM/TOPIC: Floodplain Review (10 min.) BACKGROUND RATIONALE: Proposed changes to Vail's flood plain map, including impacts to adjacent property owners, will be discussed during informational workshops on Oct. 22 and 29, hosted by the Town of Vail and the Federal Emergency Management Agency (FEMA). The new map is an update from the current 1983 version and will be used to determine flood insurance rates for the various flood hazard areas in the town. While every property owner has the option to purchase flood insurance regardless of the property's location, the map is used by insurance companies and mortgage brokers to determine who is required to carry flood insurance. 5. Rod Slifer ITEM/TOPIC: Conference Center Committee Update (20 min.) Scott Proper Russell Forrest 6. Russell Forrest ITEM/TOPIC: Overview of the Lionshead Submittal by Vail Resorts, Inc. Jack Hunn (30 min.) 7. Russell Forrest ITEMlTOPIC: Request for a Continuance on the Front Door Project Appeal from Nov. 4 to Dec. 2 (10 min.) 8. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 19, Series of 2003, an ordinance repealing and reenacting Title 11, Sign Regulations, Vail Town Code, to accomplish longstanding goals and objectives set forth by the Town, with input from the public, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28 the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The commission determined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at its regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7. A copy of staff's last memorandum to the PEC is attached for reference, as are other supplemental materials, including the latest draft of the proposed Title 11, intended to address the comments received from council at its last hearing. 9. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 26, Series of 2003, Parking Fine Ordinance re: Regulations, an Ordinance Amending Title 7, Chapter 3, Article D "Parking Infractions,"; and Amending Chapter 6 "Transportation Center," of the Municipal Code of the Town of Vail; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny BACKGROUND RATIONALE: An ordinance was requested by Town Council to increase parking fines. Additional amendments were also necessary to Title 7, Chapter 6 of the Vail Town Code to more effectively enforce Town of Vail parking regulations. 10. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 27, Series of 2003, an ordinance amending Title 14, Section 10, Development Standards Handbook, to allow for the use of temporary, pliable, transparent sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 27, Series of 2003, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held a public meeting to consider this request on Aug. 25, at which the PEC forwarded a recommendation of approval to the Town Council after determining that the use of these enclosures, on an intermittent, seasonal basis, would be an asset to the vitality of Vail. A copy of staff's memo to the PEC from their Aug. 25 meeting has been attached for reference. The Summary section (Section 1) of the attached memo articulates the rationale behind staff's request. 11. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 28, Series of 2003, I-70 Joe Russell Engine Brake Noise Ordinance, an Ordinance Prohibiting the Use of Stan Zemler Dynamic Braking Devices on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny BACKGROUND RATIONALE: On Sept. 16, an ordinance was requested by Town Council to reduce noise on I-70 caused by dynamic braking devices. 12. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 13. Adjournment (8:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL Evening Meeting Tuesday, September 2, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday September 2, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer,, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was a Legislative Update. State Senator Jack Taylor appeared before the Council and presented his position on two statewide ballot issues that will be before voters in November. Referendum A, which would authorize $2 billion of debt for associated water projects, has serious flaws, he said. He went on to describe those issues in detail, including the lack of mitigation protections and the lack of details outlining where the money would be spent. Taylor urged the Town Council to take a stand in opposition to the referendum. A second ballot measure, Amendment 23, also known as the Colorado Tourism Initiative, was described by Taylor, who endorses the measure. Under Amendment 23, voters will be asked to allow the state's Lottery Commission to implement video lottery terminals at existing racetracks and existing limited gambling establishments. Aportion of the proceeds would be used by the state for conservation, open space, state parks, tourism, and program costs, according to Taylor. Tourism promotion would receive an estimated $25 million boost in 2005, he said, which would give the economy a shot in the arm. In closing, Taylor asked Council to consider taking a stand in support of Amendment 23. The third item on the agenda was a Resolution Opposing Referendum A. Greg Moffet moved to approve the resolution stating the Town Council's opposition to Referendum A, the water measure that will come before Colorado voters in November. Rod Slifer seconded the motion. The Council voted 7-0 to approve the resolution, which was amended at the suggestion of Councilman Chuck Ogilby to add language offering an "expansion of Front Range groundwater opportunities" to a list of other solutions already available to the state that will produce results more quickly and at less financial risk than incurring approximately $2 billion of debt as contemplated by Referendum A. A second change suggested by Ogilby replaced the word "encouraging" with "exploring" as it relates to new reservoirs alternatives as additiona{ existing options. The fourth item on the agenda was 2003-04 Parking Program Recommendations by the Vail Parking Task Force. After reviewing recommendations from the Vail Parking Task Force, Greg Moffet moved to approve parking rates as presented with modifications. Bill Dewitt seconded the motion. The Council voted 4-3 (Kurz, Cleveland, Donovan against) to approve the motion. The modifications include the return of 90 minutes of free parking, an expansion from the 60 minute recommendation. Also, the cost of a Blue parking pass was reduced by the Council to $825, down from the Task Force recommendation of $875. Other components of the parking program accepted by the Council and as recommended by the Task Force include: free entry after 3; an increase in hourly parking structure rates with a $16 cap for a day of parking, up from $13 last season; continued use of short-term metered parking spaces in designated areas within the Vail Village and Lionshead structures; expansion of paid outlying parking options to include 200 new spaces at the Ford Park ballfield lot (pending development review approvals), and 200 new spaces at the Vaif Resorts-owned west day lot next to the Marriott; an increase in the parking pass rate for the Gold card, which will sell for $2,000, up from $1,750 last season; no change in debit card prices; continued use of the $50 Pink pass for permit-only employee parking at the Ford Park lot, plus the West day lot Monday through Thursday; retention of the $450 Green parking pass for employees, minus a $200 merchant pass voucher, formerly provided by Vail Resorts; and a recommendation to increase parking fines from $26 to $50 for violators of the short-term metered parking. During discussion, Councilman Bill Dewitt advocated a return to the 90-minute free parking policy, noting fairness issues associated with the Task Force recommendation to offer 90-minute free parking vouchers for patrons of the library and Dobson Arena, while leaving the business community with only 60-minutes of free parking for its customers. Dewitt also questioned whether the town will have enough short-term parking spaces to meet the demand. In response to a question raised by Councilman Greg Moffet about the price of parking for a day of skiing and its impact on the perception of value, Vail Resorts representative Bill Jensen, who also serves as a member of the Parking Task Force, noted that guests will have at least three pricing options from which to choose, including free outlying parking. Jensen went on to say that in his four years at Vail, he has yet to receive a complaint about the cost of parking. Councilman Chuck Ogilby inquired about restricting some of the spaces at the Spraddle Creek trailhead for users of the 10th Mountain Division but system, while Rod Slifer expressed concerns about the suggested increase in the parking fine as recommended by the business community, describing it as "stout." Other suggestions offered by the Council included more enforcement of vehicles that take up two spaces by parking over the lines, the possibility of using Vail Hosts to help park cars inside the structure, eliminating past practices of holding an inventory of available parking spaces for free entry after 3, asking the Vail Chamber and Business Association to develop a marketing plan to promote free entry after 3, and re- evaluating the program following the Christmas holiday. During the public comment period, Nichole Hoffman-Ewing, a member of the Task Force, asked for consideration of a reduction in the price of the Blue parking pass and the return of the hour-and-a-half free parking. Those suggestions were repeated by Kaye Ferry of the Vail Chamber and Business Association, who also suggested raising the price of the $20 late entry fee and expanding use of the Ford Park athletic fields for parking mid-week. Jonathan Staufer expressed his objection to using the Ford Park softball fields for parking. Instead, Staufer challenged the town to explore other avenues, such as more effective use of mass transit, carpooling and lower pricing rates for the parking structure during mid-week. Prior to the vote, Councilman Dick Cleveland-noted his interest in creating a merchant validation program for two hours of free parking, while Councilmember Diana Donovan said she was frustrated with the Ford Park Softball field scenario, noting a better solution would be to explore opportunities to make parking on the Frontage Road safer. Donovan also noted the 60 minute free parking policy was intended to satisfy the need for brief errands, not shopping or dining. Mayor Ludwig Kurz also weighed in, saying the Task Force worked hard to develop a recommendation knowing that not everyone would be happy. Kurz said the modifications by fellow Councilmembers was an attempt to make everyone happy and stood to compromise the town's fiscal responsibility. In voting to approve the parking program, Councilmembers turned down a suggestion by Chuck Ogilby to keep the Ford Park athletic fields open for parking during midweek, noting the use of Ford Park could dilute revenues in the parking structures, further eroding the town's revenue stream. In addition to Fridays, Saturdays and Sundays, the ballfields will be activated for parking as needed during overflow situations. The addition of the 400 new outlying parking spaces at Ford Park (pending approvals) and the west day lot is projected to reduce use of parking on the Frontage Road from 35 days last season to 15 days in 03-04, according to Public Works Director Greg Hall. The fifth item on the agenda was a Pro Cycling Tour 2004 Funding Request and Update. At the request of the Vail Valley Chamber and Tourism Bureau (WCTB), Greg Moffet moved to direct the staff to include $75,000 in the town's 2004 budget and to direct the Vail Local Marketing District Advisory Council to include $50,000 in its recommended 2004 marketing budget to bring the Pro Cycling Tour (PCT) to Vail as an annual icon event during Labor Day weekend beginning in 2004. Bill Jewitt seconded the motion, which was approved by the Council 7-0. The town and the Vail Local Marketing District had jointly awarded $100,000 in funding for 2003. An additional $275,000 must be raised within the community to cover site fee and marketing activation costs, representing 25 percent of the event budget, according to Frank Johnson, president of the WCTB, which is helping to coordinate the event. The PCT Rocky Mountain Classic will feature sanctioned cycling events over a three day period, attracting an estimated 20,000 spectators, according to organizers, adding more than $3 million to the local economy. The Pro Cycling Tour also sponsors events in Philadelphia, New York and San Francisco. Vail's kick-off will be announced at the San Francisco event next week. During an update on the local planning process, Johnson encouraged the local business community to become involved in the discussions. He also responded to a question about the status of Rick Chastain, the former special events manager for the WCTB, who has now formed his own special events business. Johnson said Chastain is under contract with the WCTB to help coordinate the Pro Cycling Tour. Councilmembers asked that the town's contribution be applied directly to the event's expenses and that a full accounting is provided. The goal of the event is to become 100 percent self-supporting by 2006. Johnson said he had originally intended to approach the Vail Commission on Special Events (CSE) to consider the $75,000 funding request. However, Councilman Bill Jewitt, who chairs the CSE, noted an earlier policy decision that requires icon event expenditures to be funded by the Town Council, given the CSE's budget limitations. Johnson said he would return to the Town Council in six weeks to provide another update. The sixth item on the agenda were Contribution Requests Funding Decisions for 2004. Bill Jewitt moved to approve the item. Greg Moffet seconded the motion. The Council voted 6-1 (Donovan against) to approve $1,535,346 in contribution requests reviewed during the afternoon work session. Prior to the vote, Councilman Greg Moffet provided an overview of the requests, which included $200,000 to the Vail Chamber and Business Association; $164,500 to the Vail Valley Chamber and Tourism Bureau; $565,000 to the Commission on Special Events; $160,000 for Vail's bid for the 2009 World Alpine Ski Championships; $95,000 for the New York Philharmonic performances sponsored by the Bravo! Colorado Music Festival; and $50,000 in operating support for the Vail Alpine Garden Foundation, plus another $25,000 for Alpine Garden debt repayment, among other awards. It was also noted that an approved request for ice time for the Vail Skating Club had been increased from 8 days to 9 days and costs for the Vail Valley Exchange program, budgeted at $5,000, will be distributed to the Council for additional review. In addition, requests for free use of the Donovan Pavilion have been placed on hold pending clarification of Council policies. The grant awards will be included in the 2004 budget, which will be considered on first reading by the Council on Sept. 16. The seventh item on the agenda was an Appeal of Design Review Board Decision Denying Staff Approval for Awning Replacement at Vail Das Schone Building. Dick Cleveland moved to overturn the Design Review Board (DRB) decision that denied staff approval of a request to replace the existing awning on the Vail Das Schone Building at 2111 North Frontage Road with an identical awning. Chuck Ogilby seconded the motion. The Council voted 6-0-1 (Moffet recused himself) to approve the motion. The DRB had asked for a solid color or a different stripped pattern to replace the existing red, white and green stripped design. In overturning the DRB decision, Councilmembers found that the standards and conditions of the zoning regulations and development standards had been enforced correctly by the staff approval. The eighth item on the agenda was an Appeal of Design Review Board Decision Denying Roof Replacement at Eiger Chalets. Diana Donovan moved to modify Design Review Board (DRB) denial of a request to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets, Unit 7, 1350 Sandstone Drive. Greg seconded the motion. The Council voted 6-1 (Ogilby against) in favor of the motion, which allows the roof to be painted grey and to require the applicant and the condominium association to, within 90 days, establish a standard for reroofing of units in the future. While the DRB had required the applicant to resurface the roof back to its original black color and install a washed gravel-ballast to match the gravel on the roof of another unit, Councilmembers found the conditions to be unreasonable, given the inconsistency of the other roof tops. The issue surfaced following complaints from adjacent property owners who alleged the reflectivity of the new white roof was a nuisance and not in accordance with the town's design guidelines. During the public comment period, Jonathan Staufer .presented a letter to the Town Council expressing frustration about a Design Review Board decision involving an application for a color change at the Vail Village Inn. The ninth item on the agenda was the First Reading, Sign Code Ordinance. Greg Moffet made a motion at staffs request, to table first reading of the ordinance, pending additional revisions. Rod Slifer seconded the motion. The Council voted 7-0 to table. In tabling the ordinance to a later date, Councilmembers discussed the need to address several issues. Among them is a decision on how best to regulate the size of signs. While the draft ordinance recommends a uniform size for signs in the commercial zone districts, Councilmember Diana Donovan, who expressed concerns about "one size fits ail," has suggested retaining aformula-based measurement that incorporates a shop's linear frontage. Councilman Bill Jewitt expressed a preference for a standard size approach, saying it would be easier to implement. He also emphasized the need for flexibility in the sign code to enable businesses to use, when appropriate, banners, flags, lights-even pink flamingos-to enliven the town. During the public comment period, Stephen Connelly of Vail Sports, asked that signs posting business operations be allowed at every major entrance to a business. Connelly also offered support for a companion ordinance regulating the outdoor display of goods from April 1 to December 1, annually. The tenth item on the agenda was a First Reading, Outdoor Display Ordinance. Greg Moffet moved to table first reading of the ordinance regulating the outdoor display of merchandise to September 16th, 2003. Dick Cleveland seconded the motion. The Council voted 6-1 (Jewitt against) to table to Sept. 16. The ordinance was tabled to clarify language within the ordinance which is intended to limit outdoor displays in the commercial areas of Vail to an eight month period from April 1 to December 1, annually. In voting against the motion to table the ordinance, Councilman Bill Jewitt said he preferred to approve the measure on first reading with modifications occurring at second reading. The eleventh item on the agenda was a First Reading, Rezoning Ordinance for Vail's Front Door Project. Greg Moffet moved to approve first reading of the ordinance to rezone Lots 1 and 2 in the Mill Creek Subdivision from Natural Area Preservation District to Ski Base Recreation-2 District and to rezone lots P3 and J, Block 5A, Vail Village 5th Filing, from Public Accommodation District to Parking District. Bill Jewitt seconded the motion. The Council voted 6-0-1 (Slifer recused himself) to approve. Chief Planner George Ruther stated the rezoning is one of 14 approvals necessary to complete the development review process for Vail's Front Door project submitted by Vail Resorts. Included in the application is a request to construct a Vail Park and a new 134-space private underground parking structure on Vail Resorts property north of the Christiania Lodge. Also, requests for improvements to the Vista Bahn ski yard, a new underground skier services area, construction of a new ski club, fractional fee units and a spa also are pending review by the town. During discussion, Councilmember Diana Donovan inquired about the status of a request by the Town Council to acquire the Vail Resorts-owned property which houses Pirateship Park. Jay Peterson, an attorney representing Vail Resorts, suggested that a deed transfer be part of the developer agreement process. Jim Lamont of the Vail Village Homeowners Association urged the Council to approve first reading of the rezoning action to move the review to the next step. He noted that progress is being made in addressing neighborhood concerns. The twelfth item on the agenda was an I-70 Programmatic Environmental Impact Study (PETS) Preferred Alternatives Discussion. Public Works Director Greg Hall presented an overview of the I-70 PETS which, upon approval, will be a legally binding document that will guide the Federal Highway Administration and the Colorado Department of Transportation in addressing issues along a 160-mile long stretch of I-70, from C-470 to Glenwood Springs through the year 2025. With the study nearing completion, Hall asked for Council's reaction to a list of proposed alternatives, which will be forwarded by Eagle County .Commissioner Michael Gallagher at a meeting on September 23. Possible alternatives, he said, include straightening the roadway at Dowd Junction, boring a tunnel through Dowd, creation of climbing lanes on Vail Pass as well as other stretches of the roadway. Councilmember Diana Donovan expressed concerns about six lanes on Vail Pass, saying it would destroy the very reason people come here. Councilman Bill Jewitt asked if the study addressed air rights over I-70, while Councilman Greg Moffet urged his colleagues to take steps to become a "bigger squeaky wheel" when it comes to 1-70.noise mitigation. Moffet suggested the town take aggressive steps, such as a lawsuit or asking to restrict truck traffic on Saturdays and Sundays, to get the attention of the state and federal transportation agencies. The thirteenth item on the agenda was the Town Manager's Report, re: Easement across the Northtrail Townhome property and New Years Eve Celebration for Youth. Greg Moffet moved and Bill Jewitt seconded to approve the easement. The council voted 7-0 in favor. As there was no further business, Greg Moffet motioned to adjourn. Bill Jewitt seconded the motion. A vote as taken and the motion passed unanimously, 7-0. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk VAIL TOWN COUNCIL Evening Meeting Tuesday, September 16, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday September 16, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pamela Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was approval of the August 5th and August 19th' 2003 evening minutes. Greg Moffet moved to approve the minutes. Rod Slifer seconded the motion. The Council voted 7-0 to approve the meeting minutes as presented. The third item on the agenda was a Design Review Board Appointment. Greg Moffet moved to appoint Scott Proper to the Design Review Board. Rod Slifer seconded the motion. The Council voted 7-0 in favor. The appointment will fill a vacated term to run from Oct. 1 through March 31, 2004. Mayor Ludwig Kurz thanked Proper and a second applicant for their interest in serving the town. The fourth item on the agenda was an Update on U.S. Forest Service Fuel Mitigation Efforts. Greg Moffet moved to enter into an agreement with the U.S. Forest Service, allowing the Forest Service to proceed with wildfire mitigation efforts in the Booth Creek prescribed burn area, known as unit six. Rod Slifer seconded the motion. The Council voted 7-0 to approve. During discussion, Phil Bowden, Forest Service Fire Management Officer and member of the Bureau of Land Management Interagency Fire Management Team, explained the Forest Service has set aside $20,000 to be used until September 2004 for hiring personnel to cut and pile logs for burning in the Booth Creek prescribed burn area. During the past year, the Forest Service, with help from Vail Fire Department student firefighters, has proceeded with a cut and pile defensible space project on 30 acres of town-owned land and 15 acres of Forest Service land, located, behind the Falls Condominium Complex in East Vail. Bowden explained the piles are ready to be burned when conditions become optimal either during the fall or early next spring. Because mitigation will be taking place on town-owned land, Bowden requested a signed participation agreement between the town and the Forest Service. In addition, Bowden requested Council approval for a broadcast burn on approximately 30 acres in the unit six area, 15 of which are on town-owned land. Bowden said the low-intensity broadcast burn would take approximately 45 minutes and improve the soil, wildlife habitat and will promote new vegetation growth in the area while reducing wildfire fuels. During the discussion, Chuck Ogilby asked for clarification on how the Booth Creek area mitigation efforts began. According to Bowden, mitigation efforts started as a wildlife project in 1998 to improve vegetation for area bighorn sheep. The focus then shifted to forest health issues and the need to reduce fire fuel in the area. Then, in 1999, an agreement was made between the Forest Service and the town, in which, Council approval was needed for any burning on private or town-owned land for wildfire mitigation. Diana Donovan expressed support for the cut, pile and burn projects, as well as the broadcast burn when conditions are favorable. Additionally, Vail Fire Chief John Gulick informed Council that property owners in the Vail Valley have been working with the Forest Service and town staff to improve defensible space around their properties. Donovan suggested the town create a policy for property owners, especially those who live in duplexes or condominiums, so that all parties are informed when trees are being removed to create defensible space. Jim Lamont, representing the Vail Village Homeowners Association, agreed with Donovan and expressed a need for the community at-large to be notified when mitigation efforts such as cutting or burning of wood piles, are taking place on private property. Additionally, Dick Cleveland directed Bowden and staff to research whether the $20,000 could be used to repay the town for use of Vail's student firefighters who worked for minimum wage on the mitigation efforts: In addition, Bowden said the Forest Service will continue to move forward with wildfire mitigation efforts on Forest Service lands surrounding Vail to include cut, pile and burn projects and broadcast burns. The fifth item on the agenda was Approval of Off-Season Hours and Signage for Vail Visitor Centers. Greg Moffet moved and Bill Jewitt seconded to approve a reduction in hours during the off-season at the Vail Visitor Centers, as well as a $200 funding expense for the production of associated information signs. The Council voted 6-1 in favor (Donovan against) of the motion. The reduced hours will be effective September 22 to November 26 and will run from 9 a.m. to 2 p.m. daily in the Vail Village Visitor Center and 12 noon to 5 p.m. daily in the Lionshead Visitor Center. In voting against the motion, Councilmember Diana Donovan said the town should not be responsible for the $200 sign cost. Also during the discussion, Greg Moffet moved to fund lighted, permanent exterior signs for the Visitor Centers. Chuck Ogilby seconded the motion. The Council voted 6-1 to approve with Jewitt against. Kelli McDonald with the Vail Valley Chamber and Tourism Bureau informed Council that a bid for $8,000 had been received to install the signs. Councilmembers encouraged McDonald to solicit further bids, including use of town staff, prior to purchasing and installing the signs. Council requested bids be no higher than $8,000. The sixth item on the agenda was I-70 Noise Mitigation. Greg Moffet moved and Chuck Olgilby seconded to direct the town staff to draft an ordinance to prohibit the use of truck engine brakes on I-70 from mile marker 181.5 in East Vail to 172 in Dowd Junction with penalties of $1,000 or more and to authorize an expenditure of $46,000 for enforcement to be administered by the Vail Police Department. The Council voted 6-1 (Donovan against) to approve the motion. A second motion was made by Chuck Ogilby and seconded by Greg Moffet to direct staff to explore construction of a pilot noise wall project to be built as soon as possible with a budget allocation of $500,000 to be used to leverage federal and state monies. The motion was approved unanimously by a vote of 7-0. In addition, the Council directed town staff to pursue reducing the speed limit for trucks on I-70 through Vail. The direction from Council followed an overview of Vail's I-70 noise issues presented by Public Works Director Greg Hall. During the discussion, Hall said the decibel level must be above 67 for the Federal Highway Administration (FHWA) to pay for noise mitigation along the interstate. In Vail's case, however, the FHWA only pays for mitigation when new highway improvements are constructed, according to Hall. Because Vail was mostly built-out before the FHWA noise standards were approved, the FHWA is not responsible for mitigating interstate noise issues within the majority of Vail, he said. In addition, the town is not allowed to construct noise berms or barriers on FHWA right-of-way without approval. According to Hall, interstate noise studies report 25 percent of Vail's parcels are located where noise levels exceed 67 decibels. The remaining areas are at 66 decibels or less. Examples of areas with noise levels above 67 decibels include elevated neighborhoods such as Red Sandstone and the Timber Ridge area, plus areas west of East Vail where a noise berm is currently being built. Hall also presented the possible actions for I-70 noise mitigation in Vail, which include: 1) mitigate a 10-mile stretch on I-70 with noise berms or walls at a cost of $750,000 per 1,000 ft. of wall; 2) draft an ordinance restricting the use of engine brakes, making it illegal for trucks to apply engine brakes from East Vail to West Vail and include enforcement signage on the interstate; and 3) authorize $46,000 to hire an additional police officer or contract with the Colorado State Patrol to enforce the noise control. Vail Police Commander Steve Wright stated the department prefers adding an additional officer, which would allow the town more control over the officer's enforcement, plus the town. would keep revenues from noise enforcement fines. Councilmember Diana Donovan requested town staff provide Council with maps containing information where noise berms or barriers could be built. In making the motion to enact the engine brake restriction, Councilman Greg Moffet noted the need for Vail to look at "self help" solutions to get the attention of state and federal transportation agencies as well as the Colorado Motor Carriers Association. In voting against the first motion, Diana Donovan said she'd prefer to work to lower the speed limit on I-70 through Vail, saying an engine brake ordinance would be ineffective in reducing noise due to enforcement difficulties and its harsh approach. Councilmember Rod Slifer agreed the town should continue to pursue lowering the speed limit in addition to the other initiatives. In making the motion for a noise wall demonstration project, Councilman Chuck Ogilby said he hoped the town would be able to replicate glass noise walls that are in use in Switzerland. Ogilby stressed the urgency in getting the project underway, noting that two of his friends have left the valley due to the disturbances caused by the highway noise. Public Works Director Greg Hall said approval of a noise wall project could be delayed by the state until the I-70 Programmatic Environmental Impact Study (PETS) is complete and preferred alternatives have been adopted. Mayor Ludwig Kurz described the philosophical challenges in balancing noise issues with aesthetic issues. In Europe, he said, communities have learned to tolerate the loss of views in exchange for noise reduction, saying it has become the lesser of two evils. During public discussion, Jim Lamont of the Vail Village Homeowners Association urged the Council to keep the dialogue alive, saying the issue of I-70 noise has been a consistent complaint from his organization's constituents. Lastly, Greg Moffet explained the town was also exploring possible legal action against the state and federal highway agencies for noise violations. Town Attorney Matt Mire acknowledged similar efforts underway in Golden. The seventh item on the agenda was a Vail Ice Dome Funding Request. Greg Moffet moved to include the costs for set-up and tear-down of the Vail Ice Dome, estimated at $190,000, to be allocated from the town's 2003 and 2004 budgets. Chuck Ogilby seconded the motion. The Council voted 6-1 (Cleveland against) in favor. -The authorization will enable the bubble to be put into use for its fourth winter season at the Vail Golf Course driving range. In voting to approve the funding, Councilmembers did so reluctantly, expressing frustration with the lack of cost-share participation by the Vail Recreation District (VRD), Eagle County, Vail Junior Hockey and other skating groups. During the discussion, Peter Cook, a VRD board member, reminded Councilmembers of a meeting in April in which the VRD informed the town that it would not have funds to assist with set-up and tear-down, although VRD indicated it would absorb as much as a $30,000 loss in its operation. Cook went on to say the bubble had excess ice time last season with its use continuing to decline as the new ice rink in Eagle comes on line. In lieu of funding the bubble's annual construction costs, Cook proposed reducing the amount of concerts at Dobson Ice Arena during the hockey season to add more ice time for the facility. He also suggested the town donate some of its free ice days at Dobson to add additional flexibility. Cook said it was important for the Town Council to make a decision as soon as possible, given pressing deadlines. He also said that more than half of the Vail Junior Hockey participants live outside the Town of Vail. In response, Councilman Greg Moffet said Cook's proposal to expand use of Dobson would be ineffective in addressing community skating needs, noting there is a limited number of hours in the day when children should be skating. For example, 5:30 a.m. on a school day is unacceptable, he said. Councilmember Diana Donovan noted that guests, through the payment of sales taxes, make it possible for residents to have amenities, such as Dobson Arena. She said a desire to host hockey tournaments and other recreational activities that draw visitors to Vail should be embraced by the VRD. Cook responded that VRD shares in that philosophy. Donovan went on to say that she hoped the pending arrival of a new VRD director would help improve the district's ice programs, which she said have been poorly managed. Councilman Bill Jewitt, noting that the issue had become polarized, said it comes down to whether or not the Council is willing to fund the bubble. Councilman Rod Slifer inquired if use of the bubble would enable additional public skating opportunities to be programmed at Dobson Arena. He also suggested a discussion about who would operate the bubble. During the public comment period, the Council heard from Dawn Ristow, the skating director at Dobson, who noted the need for more. ice time, saying that for every special event programmed at Dobson, the skating program loses 9 of 22 hours of dedicated ice time a week. Holly Domke, an 11-year-old skating club member, also spoke about the need for a second sheet of ice in Vail as she described a typical week, which includes 6 a:m. practices at Dobson, or being driven to Breckenridge to skate when Dobson is programmed for special events. She. said she also practices in Denver twice a month. Next, Nino Licciardi, VRD chairman, noted that turndown times at Dobson will be quicker this season to get skaters back on the ice. Licciardi also expressed frustration upon hearing criticism of VRD programming by several members of the Town Council, suggesting the board should "educate before you evaluate." Other speakers included Amy Domke, president of the Skating Club of Vail, who urged the Council to retain the bubble, saying the group has a waiting list for skating lessons and a growing program. She also suggested the need for additional marketing of the skating programs. Next to speak was Lanie Coffey, who read a list of the names of the local businesses who have helped to support the Vail Junior Hockey programs. Saying she was stunned by the many skeletons in the closet and the deep scars associated with the recreational issues, she suggested the need for a matching grant from the sponsoring businesses to help move the issue forward. Louise Funk, also of the Vail Junior Hockey organization, suggested the need to organize a task force to work on the issue for the long-term. In making the motion to fund the bubble's construction costs, Councilman Greg Moffet suggested the mayor make another effort to contact Eagle County about a cost-share arrangement, noting the county's earlier interest was tied to a condition that the bubble be placed at amid-valley location. Councilman Chuck Ogilby noted the need to develop afive-year plan. In voting against the funding, Councilman Dick Cleveland said the allocation is not a good way to do business and that taxpayers have a right to expect better from the town. He said the town can no longer be everyone's savior. The eighth item on the agenda was- the 2004 Budget. Dick Cleveland moved to approve first reading of the 2004 budget. Bill Jewitt seconded the motion. The Council voted 6-1 (Moffet against) in favor. It was noted that a super majority vote (5 or more) was required due to an imbalance in the sales tax allocation to the general fund versus the capital fund. The Town Charter requires a 50-50 split unless approved by a super majority. As approved, the budget includes net revenue of $36.4 million and net expenditures of $37 million, which represents a 7.8 percent decrease in revenue from 2003 and an 11.1 percent decrease in expenditures. The split for the town's four percent sales tax is 60 percent of projected revenues to the general fund and 40 percent to the capital projects fund. During discussion, Councilman Greg Moffet reiterated comments made during the work session in which he said he objected to a line item expense in the capital budget for the Village streetscape project in which the town would fund 100 percent of the cost of snowmelt in selected areas in the public right-of--way. Moffet said he preferred those costs be shared proportionally, with adjacent property owners picking up two-thirds of the cost. In response, Councilman Dick Cleveland said he supported the town's budgeted expenditure, noting the opportunity for the Council to take a leadership position in setting the tone for others to upgrade their properties. In voting to approve the budget, Councilman Bill Jewitt said that while his opposition to snowmelt is well known, he didn't think it would be wise to hold up the budget for one item. Jewitt expressed his hope that in the future, the town could return to a 50-50 split in its allocation of sales tax revenues to the general fund and the capital fund. This, he said, would force the Council to make tough decisions in the operating budget. In response, Councilmember Diana Donovan said the 50-50 split required in the Town Charter was initiated at a time when Vail was being built. Today, she said, the needs have shifted somewhat. Donovan also said the proposed snowmelt plan will leave large areas of undisturbed snow pockets in selected spots, resulting in more snow than what exists today under the town's snow removal program. Donovan suggested discussing creation of a Business Improvement District for operation of the snowmelt system, while Greg Moffet noted that a town analysis shows operation of snowmelt to break even when compared to existing snow removal costs. Mayor Ludwig Kurz expressed his support for the Village snowmelt plan, noting that as Lionshead redevelops with its snowmelt areas, Vail Village could be at a disadvantage without it. Councilman Chuck Ogilby requested that second reading of the budget be modified to carry forward unspent monies from the 2003 budgets for key projects to include improvements to the whitewater park and replacement of the pedestrian bridge at the promenade; I-70 noise mitigation; streetscape; and monies toward an indoor recreation-gymnastics center. The ninth item on the agenda was Supplemental Appropriation to 2003 Budget. Greg Moffet moved to approve first reading of a supplemental budget ordinance authorizing the expenditure of an additional $2.9 million for 2003. Dick Cleveland seconded the motion. The Council voted 7-0 in favor. The expenditures will be offset by additional revenues of over $2.6 million. During discussion, Councilmember Diana Donovan suggested waiting until funds are committed from other agencies to proceed with the countywide computer-aided dispatch and records management system. Finance Director Judy Camp pointed out that funding for the 2003 appropriation was in place although completion of the project in 2004 is dependent upon appropriation of funds in the Eagle County capital budget. Other appropriations include $122,185 in additional expenses related to the Donovan Pavilion, costs associated with the I-70 sinkhole incident in June, renovations to the town manager's residence and a relocation loan to the Children's Garden of Learning. Councilmembers noted the lack of public comment for the 2003 and 2004 budget actions. The tenth item on the agenda was Vail Memorial Park. Greg Moffet moved to approve first reading of an ordinance to rezone a portion of town-owned open space to allow for construction of a memorial park. Rod Slifer seconded the motion. The Council voted 7-0 in favor. The land, an 11-acre portion of the Katsos Ranch property near the Golf Course in East Vail, is being rezoned from Natural Area Preservation District to Outdoor Recreation. After noting the irony of cemeteries as an approved use in the outdoor recreation zone district, Councilmembers, led by Rod Slifer, used the opportunity to thank Diana Donovan, Daphne Slevin and other members of a citizen task force for their perseverance in getting the project underway. Slifer said the cemetery issue had been the subject of discussion and debate in the community for decades. In describing the design of the memorial park, Daphne Slevin noted that only l natural materials will be used with the ability to place inscriptions on stone benches and boulders. No casket burials will be allowed; however, the burial or scattering of ashes will be permitted, she said. The eleventh item on the agenda was Outdoor Display of Goods. Biii Jewitt moved to approve first reading of an ordinance that defines and limits the outdoor display of goods in the commercial areas of Vail Village and Lionshead to an eight month period from April 1 to December 1, annually. Rod Slifer seconded the motion. The Council voted 4-3 to approve. Moffet, Ogilby and Cleveland voted against the motion. During the public comment period, Bob Walsh of Vail Resortwear and Charlie's T-shirts, expressed opposition to the ordinance, noting that 15 percent of his business is derived by people who are drawn into the stores by the outdoor displays. Walsh estimated a loss of $25,000 in annual sales taxes to the town if the displays are unable to be used during the peak season. Kaye Ferry of the Vail Chamber and Business Association provided an overview of the issue, which served as a catalyst in forming the Vail Village Merchants Association a decade ago. Ferry said the association decided it would self-regulate outdoor displays with a 6-month in, 6-month out schedule. However, because the agreements were voluntary, Ferry said enforcement became a problem which is why the town became involved. She said a survey of the business community showed support for continuing to regulate the outdoor displays. Jim Lamont of the Vail Village Homeowners Association suggested consideration of a sunset provision so the ordinance could be revisited once the Village streetscape improvements are completed. Michael Cacioppo suggested it was time for the town to deregulate and "let merchants be merchants," noting the need to produce sales tax revenues. In voting against the ordinance, Councilman Dick Cleveland said he questioned whether the regulation was a function of town government, especially in light of a changing retail atmosphere. Cleveland said he preferred to let business owners decide. Councilmember Diana Donovan suggested the need to brainstorm additional ideas between first and second reading to determine if guidelines for outdoor displays contained within the sign code would be more appropriate, noting that attractive outdoor displays are good for Vail. Councilman Rod Slifer suggested the need to have more merchants involved in the next discussion. The twelfth item on the agenda was Four Seasons Resort Special Development District. At the staff s request, Greg Moffet moved to table the second reading of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site. Dick Cleveland seconded the motion. The Council voted 7-0 to table. The ordinance was tabled to October 7, 2003 to finalize an agreement regarding additional parking spaces requested by 9 Vail Road to satisfy an arrangement that occurred when the two properties were built. The applicant, Nicollet Island Development, Inc., proposes to tear down the existing Chateau property and construct a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing units, retail and restaurant uses, conference and meeting rooms and a spa and health club. The ordinance was approved on first reading May 6. Prior to the vote to table the matter for the fourth time, Councilman Dick Cleveland expressed his continued frustration and said he would not vote. again to table the ordinance, saying it's time for the project to live or die. During public discussion, Richard Kent, president of the Scorpio Condominium Association, expressed concerns about the project's impacts to one of the residences, in particular, due to additional massing on the building's west side as required by the Planning and Environmental Commission. Also, Gwen Scalpello, representing 9 Vail Road, said it was not her intention to see the project tabled. But rather, the postponement was suggested by a group of attorneys who have been working to finalize a resolution. The thirteenth item on the agenda was Rezoning of Vail Amoco Property. Greg Moffet moved to table second reading of an ordinance to rezone the Vail Amoco site from the Heavy Service zone district to the Public Accommodations zone district. Dick Cleveland seconded the motion. The Council voted 7-0 to table. The ordinance was tabled to October 7, 2003 to accompany other approvals necessary for construction of the Four Seasons Resorts which will replace the Vail Amoco station and the Chateau at Vail near the Main Vail roundabout. The fourteenth item on the agenda was a Second Reading, Rezoning Ordinance for Vail's Front Door Project. Greg Moffet moved and Dick Cleveland seconded to approve second reading of an ordinance to rezone .lots 1 and 2 in the Mill Creek Subdivision from Natural Area Preservation District to Ski Base Recreation-2 District and to rezone lots P3 and J, Block 5A, Vail Village 5th Filing, from Public Accommodation District to Parking District. The Council voted 6-0-1 in favor, Slifer recused himself. The rezoning is one of 14 approvals necessary to complete the development review process for Vail's Front Door project submitted by Vail Resorts. Included in the application is a request to construct a Vail Park and a new 134-space private underground parking structure on Vail Resorts property north of the Christiania Lodge. Also, requests for improvements to the Vista Bahn ski yard, a new underground skier services area, construction of a new ski club, fractional fee units and a spa also are pending review by the town. The fifteenth item on the agenda was the Town Manager's Report After reviewing the town manager's report, Councilmembers agreed to authorize the acquisition of seven Ford Explorers for $183,400 which will be used to replace Saab leased patrol cars. The leases expire January 31, 2004 and will mark the end of a long era that began in the early 1970s when the department began leasing Saab police vehicles. Through the years, the low cost leases had been a cost saver for the town while serving as a valuable promotional tool for the company. The town was forced to look elsewhere, however, when Saab announced earlier in the summer that it was discontinuing the program. A subsequent proposal to increase the Saab lease from the current payment of $319 per month to $350 per month for the patrol cars was rejected by the town. Attempts to partner with other vehicle manufacturers, including VW, BMW and Land Rover, were unsuccessful in that the vehicles either did not meet patrol officer requirements or were too costly. Following aside-by-side analysis, the cost of the Ford Explorer was determined to be significantly less than the Saab 9.5 model. In addition to the new patrol cars, Councilmembers directed the town staff to continue researching the most cost-effective options in the replacement of five additional Saab vehicles currently used for administrative use. A sixth Saab lease will be replaced with an automobile allowance for the new town manager. On another matter, Councilman Dick Cleveland inquired about the status of a new sound system for the Town Council Chambers. Interim Town Manager Pam Brandmeyer said she'll provide an update at the October 7, 2003 meeting. Councilman Chuck Ogilby complimented Police Chief Dwight Henninger and his staff for preparing a comprehensive annual report for 2002 which details police activities and crime statistics. A motion was made by Greg Moffet to forgive $80,000 of a $317,000 loan awarded to the Vail Local Marketing District. The $80,000 will be used to market the Pro Cycling Tour and will reduce the balance of the loan. Dick Cleveland seconded the motion. The Council voted 7-0 in favor. Also, Interim Town Manager Pam Brandmeyer noted that a discussion on criteria for free use of the Donovan Pavilion had been scheduled for the October 7, 2003 meeting. In the interim, she inquired about use of the Pavilion for a Town Council candidate forum on October 20, 2003 to be sponsored by the Vail Chamber and Business Association. Councilmembers suggested use of the Council Chambers instead. Lastly, in reviewing terms of a draft lease with the Children's Garden of Learning, Councilmember Diana Donovan suggested adding an annual inspection by the town. The lease will be reviewed more fully at the October 7, 2003 meeting. As there was no further business, Greg Moffet moved and Bill Jewitt seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk TOWN OF VAIL (% Department of Public Works & Transportation 1309 Elkhorn Drive Yail, Colorado 81657 970-479-2158 Fax: 970-479-2166 www ci. vail. co. us IMPORTANT! THIS INFORMATION MAY AFFECT YOUR PROPERTY. DO NOT THROW AWAY WITHOUT READING! October 8, 2003 Dear Property Owner, The Town of Vail, in conjunction with Eagle County and the Federal Emergency Management Agency (FEMA), is in the process of adopting revised Flood Insurance Rate Maps. The new maps, which replace the currently adopted 1983 maps, will determine. the 100-year Floodplain, and the flood insurance rates for Vail property owners. You are being notified because your property is within 100 feet of the 100-Year Floodplain. Per the FEMA notification published on September 18 and 25, 2003 in the Vail Daily, a statutory 90-day appeal period runs from September 25 through December 25, 2003. This is the easiest period of time where property owners can file an appeal of the new maps with the. assistance of the Town of Vail. After this period, the process of changing the maps lies solely with the property owner. The Town strongly encourages you to review the enclosed information, and to use the available resources to help determine if you may be affected and what your options are as a property owner. Once appeals are settled, the new maps will be adopted by the Town Council as VaiPs official Floodplain Map. What do the Flood Insurance Rate Maps (FIRM) mean? The FIRMs are used for two purposes. First, they determine the location of the 100-year floodplain. Secondly, FIRMs are used by insurance companies and mortgage brokers to determine who must carry flood insurance, and what rates will be charged, in order to secure financing to buy, build, or improve structures in the floodplain. The revisions on the new mapping may require you to purchase flood insurance, or to allow you change your current insurance coverage. What is the/~"/100-year flood"? The t8~~ "IOC-year flood" iS mosleadirg. It ~s ^ot the flooi^'. tha ",~~ell occur o.^.~e eve~~ 1.00 ycorc. Rather, !t s$ the flood elevation that has a one. percent chance of being equaled or exceeded each year. (It is more correctly termed the 1%Annua! Chance Flood) -Thus, the 100-year flood could occur more than once in a relatively short period of time. The 100-year flood is the standard used by most Federal and state agencies for floodplain management. How can I determine if my property will be affected? 1. Find out if you are currently paying flood insurance. Look at your bill or-call your agent. If you are not currently required. to carry flood insurance then, most likely, the map revisions will not affect you. However, the 100-year flood elevations have changed in many locations. 2. Review the maps and find your property. The maps are available for review in the locations listed under the ASSISTANCE AND RESOURCES section on the back of this page. 3. Look for the shaded floodplain area. If it crosses yourproperty OR is close to your property, you may be affected and may need to purchase flood insurance. If it does not cross your property, you may no longer be required to purchase insurance,. or your rates may be lowered. 4. If you are not sure, or have questions, please plan to attend one of the work sessions or open houses listed under the ASSISTANCE AND RESOURCES section, and Town Staff can assist you. continued on bads ~~~ RECYCLED PAPER • How are flood insurance requirements determined? The difference between the lowest floor elevation (including basement) of your structure and the 1 % Annual Chance Flood elevation is used to determine the insurance rating. Note: Only buildings are insurable, other structures are not. Keep in mind that every property owner in Vail has the option to purchase flood insurance, regardless of the property's location. • If 1 disagree with the new maps... First, talk to the Town Staff, you may be misinterpreting the maps. The role of the Town of Vail in this process is to help ensure that the new maps are as accurate as possible. If there is legitimate evidence that they are incorrect, the Town of Vail will file an appeal to FEMA on behalf of the homeowner. Per FEMA regulations, only appeals backed by scientific or technical data can be accepted. It is the responsibility of the property owner to produce that data.. If you feel there are grounds for an appeal, contact Town Staff, and we will assist you in determining the type of information you will need to provide. iii a'9~i~~al$ ~in"ai'Sit ue siJ~3i lttirG- itP the ~i irb~ln a'Ii re`1ieSii ~i~ De~ci3i~ve:.~i~ ~^v~.~i. (f tli3 c'~. Ea'~fk~iii ~~ ~ar'oirvi vv met, several procedures are available for changing or correcting the maps after they have been adopted. ASSISTANCE AND RESOURCES o To Review the Maps Please review the maps before contacting the Town. The online version is likely the simplest way to do this. ONLINE: Town of Vail website www.vailgov.com Link: Current projecfs-~Floodglain Study LIBRARY: Vail Public Library Available at the Front Desk To call for hours: (970) 479-2184 BY APPOINTMENT: Mon thru Fri 8 am - 5pm, call (970) 479 2235: Department of Community Development 75 South Frontage Road, Vail Department of Public Works 1309 Elkhorn Drive, Vail o Daytime Open Houses Show up anytime during the hours indicated, and Town Staff will be available to work with you individually. ^ Wednesday, October 22 1 pm - 4 pm Vail Town Hall, Town Council Chambers ^ Thursday, October 23 11 am - 2 pm Vail Public Library Community Room ^ Friday, October 24 8 am - 14 am Vail Town Hall, Town Council Chambers o Floodplain Workshops Town Staff will present information about the map revision process, and about options available to property owners. After the presentation, Staff will be available to answer specific questions about your property. ^ October 22 and 29 6-8 pm Vail Town Halt, Town Council Chambers o By phone If you are not able to attend one of the Open Houses or Workshops, please the number below. Leave a message with your name, property address(es), and contact information. A Staff member will contact you within 24 hours. ^ . Town of Vail Flood Insurance Map Assistance Line (970) 479-2235 ^ -FEMA also has a MAP ASSISTANCE CENTER 1-877-FEMA-MAP (1-877-336-2627) o By email You may email your questions to floodolain@,vailgov.com o Internet Resources There is substantial information on Flood Insurance Mapping on the FEMA website, www.fema.gov. ^ Look for the link to "MitiQa6on and Flood Insurance" in the left-hand column. ^ Helpful links on that page include "Ask the Expert" and "National Flood Insurance Program". ^ These pages will describe, in detail, the process we are undergoing and why. TO: Vail Town Council FROM: Community Development DATE: October 16, 2003 SUBJECT: Sign Code Staff will be delivering the revised sign code Friday morning (10/17). We have had several outside editors review the document and we have received some very good input. We are taking several extra hours today (Thursday) to address their comments. Thank you for your understanding. ORDINANCE 26 SERIES 2003 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLED "PARKING INFRACTIONS,"; AND AMENDING CHAPTER 6 "TRANSPORTATION CENTER," OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town"} to increase parking fines for parking violations occurring within the Town; and WHEREAS, it is the Town Council's belief that certain "housekeeping" amendments are necessary in Title 7, Chapter 6, of the Vail Municipal Code to more effectively enforce the Town's parking regulations; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 3, Article D, of the Municipal Code of the Town of Vail is hereby amended as follows: (deletions are shown in strilEe-#1~eug#, additions are shown in bold) 7-3D-1: PENALTIES: Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation, shall be fined or penalized up to one hundred dollars ($100), with a fee schedule set by the Town of Vail Municipal Court. ~;.,+°°^ ~'^"~~° ~~ 7-3D-2: LATE FEES: Whenever enforcement is initiated by the issuance of a parking ticket and a fine or a penalty is not received by the Municipal Court, or the owner or driver does not appear in the Municipal Court to set a hearing on the allegation within twenty one (21) days of the date of issue, the fine or penalty as set forth in Section 7-3D-1 of this Article shall be increased by a late fee of five dollars ($5.00). Ordinance 26, Series of 2003 7-3D-3: TIME-LIMITED PARKING: It shall be unlawful for any person to park a vehicle in any time limited parking space for a consecutive period of time longer than that limit posted period of time for which parking is lawfully permitted, irrespective of the amount of money deposited into the parking management system. 7-3D-4: ABUSE OF PARKING FACILITIES: No person shall park a vehicle in a Town Parking Facility for a free period of time, exit the facility and re-enter the facility, and park for a second free period of time within three hours of the first entry into the facility. Section 2. Title 7, Chapter 6, of the Municipal Code of the Town of Vail is hereby amended as follows: (deletions are shown in c.+rilie 4hrn~.,,h additions are shown in bold) CHAPTER6 PARKING FACILITIES 7-6-1: DEFINITIONS: When used in this Title 7, the words and phrases contained in this Chapter shall have the specific meanings as defined in this Chapter. PARKING FACILITY: Any structure or surface, owned and/or operated by the Town of Vail, in or upon which vehicles are parked for a given duration of time. VEHICLE: " ", , ~sShall be defined as provided in the Model Traffic Code for Colorado Municipalities as adopted by the Vail Town Council. 7-6-2: PROHIBITED ACTIVITIES: A. Seasonal Or Parking Pass: It is unlawful for any holder of a Town of Vail seasonal or other parking pass to: 1. Park or leave one or more vehicles in the a Town of Vait Parking Facility, and while said vehicle or vehicles are in the ^~ facility, to use the Ordinance 26, Series of 2003 same parking pass to park another vehicle in a Parking Facility; 2. Lend or give a season parking pass or daily ticket to another person to use the same to remove the vehicle previously parked by that person in er~aidael:; a Parking Facility; 3. Use a parking pass to remove the vehicle of another from seater a Parking Facility ef=-paid-let that was previously parked in the center facility er let without use of a parking pass. B. Vehicle Used For Residential Purposes: No person may use a vehicle parked in a Parking Facility for residential purposes, including, but not limited to, cooking, sleeping, eating, or other similar activities. C. Vehicle Towing Trailer, Boat Or Other Vehicle: No vehicle towing a trailer of any size, other vehicle, or boat shall be parked in a Parking Facility. D. Size Of Vehicle Limited: No vehicles exceeding seven feet four inches (7'4") in height or seven feet (7') in width or fifteen feet (15') in length shall be parked in #~e-Vail a Parking Facility except in areas specifically designated therefor. E. Pressurized Tanks Prohibited; Exception: No vehicle carrying propane or other flammable material in pressurized tanks shall be parked in a Parking Facility except in areas designated therefor. 7-6-3: STORAGE PROHIBITED: It is unlawful for any owner, operator or other person having possession or control of a vehicle to store the same in a Parking Facility. A. Continuous Parking Limited; Accrued Fees: A vehicle which has been parked for a continuous period in a Parking Facility without being removed from the Parking Facility for a period of more than Ordinance 26, Series of 2003 fourteen (14) days shall be deemed to have been stored in the Parking Facility contrary to the provisions of this Section. Any person removing his or her vehicle from a Parking Facility shall pay all accrued fees for parking in the ^~ Facility, and failure to pay said fees shall be unlawful. B. Impoundment For Failure To Pay Accrued Fees: If a vehicle has been left in the a Parking Facility for a period in excess of fourteen (14) days without removal and payment of fees as required in subsection A above, then the Va+l parking supervisor, or a police officer of the Town, upon his or her request, shall cause the vehicle to be impounded in accordance with the provisions of the applicable Model Traffic Code as adopted by the Town. C. Vehicle Reclaimed: Any vehicle impounded in accordance with subsection B above may be reclaimed by the owner thereof, upon payment of those costs imposed by the Model Traffic Code, and in addition thereto, the parking fees and charges incurred for parking in a Parking. Facility. D. Impoundment Fee In Addition To Penalty: The impoundment of a vehicle shall not be deemed an exclusive penalty but shall be in addition to any penalties that may be imposed in accordance with Section 7-6-4 of this Chapter. 7-6-4: PENALTIES: A violation of this Chapter shall be punished by the revocation of the parking pass or the imposition of a fine not to exceed three hundred dollars ($300.00) or both such revocation and fine. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. Ordinance 26, Series of 2003 Section 4. 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 5. 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 6. 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 21st day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 26, Series of 2003 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 26, Series of 2003 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 21, 2003 SUBJECT: A first reading of Ordinance 27, Series 2003, to amend Section 10, Title 14, Development Standards Handbook; and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to allow eating and drinking establishments with covered, outdoor dining decks and patios to employ the use of temporary, transparent, .pliable sidewalls during periods of inclement weather from April 1 through December 1, annually, and setting forth details in regard thereto. Applicant: The Town of Vail Planner: Matt Gennett I. BACKGROUND On July 1St, 2003, Larry Anderson appealed to Town Council a Design Review Board (DRB) decision of denial regarding his. proposal to use clear plastic sidewalls on the covered, outdoor dining deck at his eating and drinking establishment, the .Ore House, located at 232 Bridge Street. The Town Council moved to overturn the DRB's decision of denial, thereby allowing the Ore House to utilize clear, plastic sidewalls on its covered, outdoor dining deck. On August 25th, 2003, at the behest of council, staff brought forth to the Planning and. Environmental Commission (PEC) proposed text amendments to Section 10, Title 14, Development Standards Handbook; and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to allow for the use of temporary, transparent, pliable sidewalls on outdoor dining decks and patios during periods of inclement weather. The PEC forwarded a recommendation of approval to the Town Council. il. ATTACHMENTS A. Ordinance No. 27, Series of 2003 B. A copy of the August 25th, 2003, PEC Staff Memorandum C. Existing text from the Development Standards Handbook D. Existing text from the Vail Village Urban Design Guide Plan Attachment: A ORDINANCE NO. 27 Series of 2003 AN ORDINANCE AMENDING SECTION 10, TITLE 14, DEVELOPMENT STANDARDS HANDBOOK; AND THE VAIL VILLAGE DESIGN CONSIDERATIONS, VAIL VILLAGE URBAN DESIGN GUIDE PLAN, TO ALLOW FOR THE USE OF TEMPORARY ENCLOSURES ON COVERED OUTDOOR DINING DECKS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on August 25, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval ~_ ~: to the Town Council of the Town of Vail based on the criteria and findings presented in the staff _ memorandum; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves 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; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 20, Series 2003 Section 1. The following language, in bold, is to be added to: Town of Vail Development Standards, 70. C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: 7. Covered, outdoor dining decks and patios associated with eating and drinking establishments may employ the use of temporary, transparent, pliable sidewalls during periods of inclement weather from April 1 through December 1, annually. Section 2. The following language, in bold, is to be added to: Page 22, Vail Village Design Considerations, Vail Village Urban Design Guidelines: Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy streef making a richer pedestrian experience than if those streets were empty. (...) Decks and patios should be sited and designed with due consideration to: - sun -views -rainstorms - wind -pedestrian activify Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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. Ordinance No. 20, Series 2003 2 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 6. A{I 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. µ ~, INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ludwig Kurz, Mayor Ordinance No. 20, Series 2003 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21St day of October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2003 ,a, Attachment: B :MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 25, 2003 SUBJECT: A request for a recommendation to the Vail Town Council to allow for text amendments to Title 14, Section 10, Development Standards Handbook; and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to allow for the use of temporary enclosures of outdoor dining decks, and setting forth details in regard thereto. Applicant: The Town of Vail Planner: Matt Gennett SUMMARY The applicant, the Town of Vail, is proposing the text amendments contained in the next section of this memorandum so that eating and drinking establishments may employ the use of temporary enclosures -for outdoor dining decks. A number of Design Review Board applications have been submitted recently that have requested approval for the use of transparent fabric sidewalls to enclose covered outdoor dining areas during warm weather months when rainstorms are likely. The distinction between "warm weather months" as opposed to more narrowly stating "summer months" is meant to include months like May and October, when people might choose to dine outside if it is warm enough, and allow eating and drinking establishments to unfurl temporary sidewalls during intermittent periods of inclement weather. The proposed amendments are not, however, intended to allow eating and drinking establishments to keep the sidewalls unrolled during winter months in order to permit their outdoor dining facilities to remain operational. Staff is recommending approval of this request as it will further the purpose and intent of the Vail Comprehensive Plan. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting to amend Title 14 of the Vail Town Code. The proposed text amendments are meant to expand the utility of outdoor dining decks and patios by allowing for a means of temporary protection from inclement weather while diners are occupying those spaces. With these amendments, restaurant owners would be able to unroll the clear sidewalls during periods of rain and then roll them back up afterward, allowing diners to remain seated outside without having to be disturbed and scramble back indoors. Amendments to the Vail Town Code are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Vail Town Code. The proposed amendments are text amendments to Title 14, Section 10, Development Standards Handbook, and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to add language as follows: (deletions are shown in c+riLo +hrni ~nh/additions are shown bold) Town of Vail .Development Standards, 70. C. Architectural Projections, Decks, Balconies, Sfeps, Bay Windows, etc.: 7. Covered, outdoor dining decks and patios associated with eating and drinking establishments may employ the use of temporary, transparent, pliable sidewalls during periods of inclement weather from April 1 through December 1, annually. Page 22, Vail Village Design Considerations, Vail Village Urban Design Guidelines: Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look .and be looked at, and generally contribute to the liveliness of a busy street making a richer pedestrian. experience than if those streets were empty. (...) Decks and patios should be sited and designed with due .consideration to: - sun -views -rainstorms - wind -pedestrian activity III. BACKGROUND At present, the code and pertinent planning documents are ambiguous in terms of whether or not the temporary enclosure of outdoor dining decks and patios via transparent, pliable sidewalls is prohibited or permitted. On July 1, 2003, the Town Council overturned a Design Review Board decision of denial for a proposal to use transparent plastic sidewalls on the covered dining patio at the Ore House located at 232 Bridge Street, thus permitting their use. In overturning the DRB decision, the Council acknowledged the importance of outdoor dining decks throughout Vail and the distinct benefit of being able to use those spaces even when summer rainstorms roll through the valley. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission 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 2 purposes of the 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. 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment. Town Council Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can .uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; 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. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are .provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Title 14. Section 10. Development Standards Handbook The Development Standards Handbook contains language pertinent to the design and construction of decks associated with residential and commercial uses. While the text in this section does not specifically mention the temporary enclosure of outdoor dining decks, it does speak to the importance of proper design techniques and employing common sense to unique land use situations. Chapter 8. Architectural Design Guidelines. Lionshead Redevelopment Master Plan The vision statement at the beginning of this chapter contains the following sentence: "The pedestrian experience of the public spaces within Lionshead is the most critical issue for redevelopment. " Outdoor dining decks contribute significantly to the vibrant activity of the pedestrian ways throughout Vail and offer a link from the person on the street to the buildings themselves. Expanding the utility of these vital outdoor spaces is crucial to, maintain a human presence on the streets even during periods of inclement weather. Vail Village Design Considerations, Vail Village Urban Design Guide Plan As stated in Section II of this staff memorandum, the Vail Village Urban Design Guide Plan contains the following passage concerning outdoor dining decks and patios: "Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street making a richer pedestrian experience than if those streets were empty." An important component of a properly designed and sited outdoor dining deck or patio is the ability to temporarily enclose that space during intermittent periods of harsh weather conditions. Maintaining a busy street that offers a rich pedestrian experience means doing so no matter what the weather happens to be at any given moment. The proposed text amendments offer a method of keeping the streets alive even when the rain is being blown sideways by the wind. 4 VI. CRITERIA AND FINDINGS The review criteria and factors for consideration fora request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 12-1-2A, Purpose/General, states the following: 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. ~ 3: Staff has determined that the proposed text amendment will further "promote the coordinated and harmonious development of the Town ina manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." To effectively meet the demands for an outdoor dining experience in Vail during the warmer months when rainstorms roll through the valley, the provision of temporarily enclosed outdoor dining spaces is critical. 12-1-2B.8, Purpose/Specific, states the following: To safeguard and enhance the appearance of the Town. Staff is of the opinion that the proposed text amendments will work toward further safeguarding and enhancing the appearance of the Town of Vail by providing a viable alternative to the permanent enclosure of these aesthetically valuable outdoor dining spaces. In recommending approval of the proposed amendments, the PEC will ensure that restaurant owners will not come forth, en masse, to permanently enclose their outdoor dining decks in the interest of obtaining a greater seating capacity throughout the year. 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 Section 4.3, Chapter II of the Town of Vail Land Use Plan states: The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) Staff believes that by allowing outdoor dining decks to be enclosed during the warm weather months to protect customers from the weather, the ambiance so vital to the identity of Vail will be further preserved. Outdoor dining decks that can be temporarily enclosed, rather than permanently, are an essential element of the scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, and environmental quality in Vail to which the Comprehensive Plan speaks. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Since the adoption of the subject planning documents, outdoor dining decks have become an increasingly valuable asset for proprietors of restaurants and bars and diners alike. The proposed amendments are meant to safeguard and enhance the dining experience in Vail by accentuating a very popular feature in many of Vail's restaurants. Retaining a healthy, vibrant community that is active and alive is the purpose of these planning documents and the proposed text amendments. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed text amendment is intended to work in harmony with the existing regulations and guidelines that provide for eating and drinking establishments being able to provide outdoor dining. In order to permit restaurants to utilize outdoor dining decks and patios in a more efficient manner, the proposed amendments will allow restaurateurs to maintain outside seating during episodes of inclement weather. Instead of having to move a large group of people indoors during a rainstorm to inside seating that may already be full, the establishment may simply unroll the temporary enclosure walls to protect diners from the weather event. Again, this is seen as a common municipal development objective. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for a text amendment: 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 6 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the proposed text amendments to Title 14, Section 10, Development Standards Handbook; and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan. Staff's recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and estimony presented, subject to the following: 1. The proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purposes of the 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. 7 Attachment: C Totivn of Vail Development Standaf-ds Handbook 10. Design Review Standards and Guidelines. This section provides the design review standards and guidelines for development in the Town of Vail. Actions of the staff and the Design Review Board shall be guided by the objectives prescribed herein, the Vail Village Urban Design Considerations and Guide Plan and the Lionshead Redevelopment Master Plan, and by all of the applicable ordinances of the Town and by the following design guidelines: A. General Compatibility: 1. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. 2. Any building site in Vail is likely to have its own unique land forms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in away that leaves the .natural land forms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. B. Site Planning: 1. The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the ; `' existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed teiTain within the property boundary. 2. Building siting and access thereto shall be responsive to existing features of terrain :. rock outcroppings, drainage patterns, and vegetation. ~ `~ 3. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site or those identified as diseased. 4. All areas disturbed during construction shall be revegetated. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and 25 Town of Vail Development Standards Handbook flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (`/~) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (`/a) the .minimum required dimension into a required distance between buildings. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than .one-half (1/~) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (`/a) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 4. Fire escapes or exterior emergency exit stairways may project into any required ,= ~ , setback area or distance between buildings not more than four feet (4'). ~ 5. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (`/lo) the area of the wall surface fiom which it projects or extends. 6. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable. floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). D. Building Materials and Design: 1. Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features- .that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and color if used, however, exposed aggregate is more acceptable than raw concrete. Neither aluminum, steel, nor plastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. 26 r D~~~C~ ANI~ PA~~C~S Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street- making a richer ,pedestrian experience •than if those sheets were empty. . A review of successful decks/patios in Vail reveals several common char- acteristics: - direct sunlight from 71:00 - 3:00 increases use by many days/year and protects from wind - elevated feet~to give views into the pedestrian walk (and not the reverse) - physical separation from pedestrian walk of to (planter better than a wall) - overhang gives pedestrian scale/ shelter. Decks and patios should be sited and designed with due consideration to: - sun - views - wind - pedestrian activity Attachment: D .b~~c~n~ er bldg, ~va-d~ah~ - . ~~ encl~ ~,Pece • Urn~r~,~la ~r ~f~,er ~le~r~u~ ~r ~~ nor a-~~ ~~~~e C • Lsnd~Ga(~e en:1G"vre ~ ofreef )'~f{a- ,. ~ r~ ~ cl~ninQ~~r'fi -~ n o ' I 1 0 ~ J ~~ ~~ ~~~ IDf{ -~ 1.~~ 22 ~~ ~. To: Town Council From: Stan Zemler, Town Manager Greg Hall, Public Works_Director Dwight Henninger, Chief of Police Date: October 13, 2003 Subject: I-70 Noise Mitigation INTRODUCTION At the Sept. 16 meeting, Council directed staff to initiate the following actions: 1) Draft legislation to prohibit the use of engine brakes on large trucks along I-70 from East- Vail to Dowd Junction; 2) Authorize a budget allocation of $46,000 for enforcement of the engine brake restriction to be administered by the Vail Police Department; 3) Rollover unspent funds budgeted in 2003 for I-70 Noise to 2004 to provide additional funds to leverage federal and state monies for construction of a pilot noise wall in Vail; 4) Work with state and federal highway agencies to lower the speed limit through Vail for semi-trucks. The following is an update on the staff work, to date: ENGINE BRAKE RESTRICTION Per Council's request, a draft ordinance is attached that would make it a violation to operate any motor vehicle within the TOV limits with a dynamic braking device engaged on Interstate 70, unless the brakes are used to avoid an immediate and imminent danger. Violators would face a fine of up to $999. On Oct. 9, Mayor Kurz and town staff met with representatives from the Colorado Motor Carriers Association (CMCA) to hear their concerns about the proposed engine brake ordinance. In particular, safety concerns were raised by the industry representatives, similar to correspondence dated Oct. 3 by Greg Fulton, CMCA president. Should the Council agree to move forward with the ordinance, staff anticipates CMCA's participation during the public hearing process. As with most issues, there are pros and cons to consider: Pro • It's something the town can control without additional governmental approval. • It shows the trucking industry, plus state and federal highway agencies that Vail is serious about addressing the issue. • With compliance, it would reduce noise spikes caused by engine brakes. • Revenues from fines could be used to offset enforcement costs. • It could cause truckers to drive more safely on Vail Pass. • Similar legislation has been approved in Utah and other states. Con • It could face a legal challenge by the trucking industry. • It singles out trucks when other vehicles, such as motorcycles, could be considered equally noisy. • CDOT State policy restricts placement of engine brake restrictions on State Highways. • Estimated $46,000 in enforcement costs. • May be difficult to_hold_up in Municipal Court, due to safety-exemptions contained in ordinance. • Could result in increased use of engine brakes by truckers as backlash. • Could sour relationship with trucking industry and. cause loss of federal lobbying support for noise walls. PILOT DECIBEL REDUCTION PROJECT Also during discussions with the Colorado Motor Carriers Association, an alternative option was developed for consideration by the Town Council. This would involve a pilot demonstration project aimed at developing a maximum decibel standard for all vehicles passing through Vail. This would require approximately two months of research and collaboration with the trucking industry to identify an acceptable threshold with which the town's current noise ordinance could be modified. Currently, the Vail Town-Code prohibits commercial vehicles from emitting 90 decibels or more at a distance of 25 feet. Initial discussions indicate CMCA's willingness to support an 85 decibel level. In addition, the industry has offered to help supply the Town of Vail with noise meter monitoring equipment. Education efforts also have been offered by the industry. Lastly, the CMCA has volunteered to ask the state legislature to tighten the engine brake muffler requirement and lobby for additional enforcement at the ports of entry. Pros and cons to this approach are as follows: Pro • Enforcement would be applied equally to all vehicles. • It's something the town can control without additional governmental approval. • It shows the trucking industry, plus state and federal highway agencies that Vail is serious about .addressing the issue. • It creates a model program and additional partnership opportunities with the trucking industry to include enforcement assistance,. trucker education and federal lobbying for noise walls. Con It will take longer to research and implement than engine brake restriction. There could be disagreement with the trucking industry on an acceptable decibel level. • May result in minimal reduction in overall noise. NOISE WALLS One of the engineering options identified by the Town Council for implementation is a noise wall project. The Colorado Motor Carriers Association has indicated a willingness to approach congressional leaders for a federal appropriation to help leverage a local contribution of $391,000 allocated in the town's 2004 budget. Pros and cons include: Pro • Can be implemented with other regulatory measures. • Local match could serve as model for additional state and federal dollars. • Will help determine level of community support. • Will enable more precise cost-benefit analysis. • Has support from trucking industry. Con • Funding process could take time. • High cost, $5 Million per mile. • Implementation may be tied to completion of PEIS I-70 corridor study. • May be perceived by Colorado Department of Transportation as disregarding state federal highway funds request process. • Solution could be deemed as too urban. SPEED REDUCTION Lastly, Council has expressed interest in lowering the 65 mph posted speed limit through Vail. Examples of other speed reduction areas along the I-70 corridor include the Glenwood Springs and Idaho Springs. Speed studies conducted by the town indicate that speeds ranked in the 85~' percentile equate to approximately 70 mph on I-70 through Vail. If Council directs staff, CDOT can be requested to conduct a speed survey in the Town limits for potential reduction of the speed limit. Pros and Cons include: Pro • Provides overall noise reduction. • Improves safety; reduces accidents. Con Requires approval by other regulatory agencies beyond Town of Vail. There is a potential risk that a speed study could show the need to raise the speed limit. rather than lower it. Could sour relationship with trucking industry and cause loss of federal lobbying support for noise walls. ADDITIONAL OPTIONS In addition to the direction received by the Town Council in September, future noise mitigation considerations include the following: • Enforcement of existing speeds on I-70. • Removal of rumble strips (CDOT has agreed not to place rumble strips from milepost 180 to 182). • Education efforts by Colorado Motor Carriers Association. • Exhaust berm program to all possible locations. • Begin planning for cut and cover solution (burying I-70). STAFF RECOMMENDATION Staff recommends that council consider one of two options: Adopt engine brake restriction within the Town of Vail limits (I-70 from mile post 181.5 to 173), unless brakes are used to avoid an immediate and imminent danger. Violators would face a fine of up to $999. Direct the police staff to begin enforcement at the point of adoption. In addition, staff should pursue: 1. Speed reduction for all vehicles on I-70 passing through Vail. 2. Begin discussion with State and Federal officials to secure funding for noise walls. 3. Update the study for cut and cover solution (burying I-70) Pursue a pilot decibel reduction project in partnership with Colorado Motor Carriers Association (CMCA). Do Not Adogt an Engine Brake Restriction at this time. This project would involve a pilot demonstration project aimed at developing a maximum decibel standard of all. vehicles. This project would be evaluated after six months to determine its effectiveness and feasibility. If it is determined to be ineffective, council could re-consider the proposed engine brake regulation at such time. In addition to the noise reduction pilot project, staff recommends pursuing: Work with CMCA to tighten engine brake muffler requirements and increased enforcement at points of entry. 2. Work with CMCA to develop an education program for the trucking industry to minimize the utilization of engine brakes when passing through Vail. 3. Speed reduction for all vehicles on I-70 passing through Vail. 4. Begin discussions with State and Federal officials to secure funding for noise and mitigation strategies. 5. Update the study for cut and cover solution (burying I-70). Staff recommends option II. We believe pursuing the solution in cooperation with CMCA will ultimately produce better long term noise abatement solutions. ORDINANCE 28 SERIES 2003 AN ORDINANCE PROHIBITING THE USE OF DYNAMIC BRAKING DEVICES ON A CERTAIN SECTION OF INTERSTATE HIGHWAY 70 WITHIN THE TOWN OF VAIL AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to mitigate and reduce the making and creation of excessive, unnecessary and unusually loud noises caused by dynamic breaking devices on Interstate 70 within the Town of Vail; and WHEREAS, it is the Town Council's belief that the noise associated with the engagement of dynamic breaking devices is unreasonable in its time, place and manner, and that such noise is detrimental to the public health, welfare, comfort and safety of the residents of the Town of Vail; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 "DEFINITIONS:" of the Municipal Code of the Town of Vail is hereby amended by the addition of the following definition: DYNAMIC BRAKING DEVICE: A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. Section 2. Section 5-1-7 G "MOTOR VEHICLE NOISE:" of the Municipal Code. of the Town of Vail is hereby amended by the addition of sub-section four (4) as follows: 4. Operation of a Dynamic Breaking Device: Notwithstanding any other provision of this Title 5, it shall be unlawful to operate any motor vehicle on Interstate 70, between milepost 181.5 and milepost 173, within the town limits of the Town of Vail, Colorado, with a Dynamic Braking Device engaged, except for the aversion of immediate and imminent danger. Ordinance 28, Series of 2003 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any- reason- held to be invalid, such decision shall not 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 4. 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance 28, Series of 2003 i INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 28, Series of 2003 To: Town Council From: .Stan Zemler, Town Manager Greg Hall, Public Works Director Dwight Henninger, Chief of Police Date: October 13, 2003 Subject: I-70 Noise Mitigation INTRODUCTION At the Sept. 16 meeting, Council directed staff to initiate the following actions: 1) Draft legislation to prohibit the use of engine brakes on large trucks along I-70 from East Vail to Dowd Junction; 2) Authorize a budget allocation of $46,000 for enforcement of the engine brake restriction to be administered by the Vail Police Department; 3) Rollover unspent funds budgeted in 2003 for I-70 Noise to 2004 to provide additional funds to leverage federal and state monies for construction of a pilot noise wall in Vail; 4) Work with state and federal highway agencies to lower the speed limit through Vail for semi-trucks. The following is an update on the staff work, to date: ENGINE BRAKE RESTRICTION Per Council's request, a draft ordinance is attached that would make it a violation to operate any motor vehicle within the TOV limits with a dynamic braking device engaged on Interstate 70, unless the brakes are used to avoid an immediate and imminent danger. Violators would face a fine of up to $999. On Oct. 9, Mayor Kurz and town staff met with representatives from the Colorado Motor Carriers Association (CMCA) to hear their concerns about the proposed engine brake ordinance. In particular, safety concerns were raised by the industry representatives, similar to correspondence dated Oct. 3 by Greg Fulton, CMCA president. Should the Council agree to move forward with the ordinance, staff anticipates CMCA's participation during the public hearing process. As with most issues, there are pros and cons to consider: Pro • It's something the town can control without additional governmental approval. • It shows the trucking industry, plus state and federal highway agencies that Vail is serious about addressing the issue. • With compliance, it would reduce noise spikes caused by engine brakes. • Revenues from fines could be used to offset enforcement costs. • It could cause truckers to drive more safely on Vail Pass. • Similar legislation has been approved in Utah and other states. Con It could face a legal challenge by the trucking industry. It singles out trucks when other vehicles, such as motorcycles, could be considered equally noisy. • CDOT State policy restricts placement of engine brake restrictions on State Highways. • Estimated $46,000 in enforcement costs. • May be difficult to_ hold_up in Municipal-Court, due to safety exemptions contained in ordinance. • Could result in increased use of engine brakes by truckers as backlash. • Could sour relationship with trucking industry and cause loss of federal lobbying support for noise walls. PILOT DECIBEL REDUCTION PROJECT Also during discussions with the Colorado Motor Carriers Association, an alternative option was developed for consideration by the Town Council. This would involve a pilot demonstration project aimed at developing a maximum decibel standard for all vehicles passing through Vail. This would require approximately two months of research and collaboration with the trucking industry to identify an acceptable threshold with which the town's current noise ordinance could be modified. Currently, the Vail Town Code prohibits commercial vehicles from emitting 90 decibels or more at a distance of 25 feet. Initial discussions indicate CMCA's willingness to support an 85 decibel level. In addition, the industry has offered to help supply the Town of Vail with noise meter monitoring equipment. Education efforts also have been offered by the industry. Lastly, the CMCA has volunteered to ask the state legislature to tighten the engine brake muffler requirement and lobby for additional enforcement at the ports of entry. Pros and cons to this approach are as follows: Pro • Enforcement would be applied equally to all vehicles. • It's something the town can control without additional governmental approval. • It shows the trucking industry, plus state and federal highway agencies that Vail is serious. about addressing the issue. • It creates a model program and additional partnership opportunities with the trucking industry to include enforcement assistance, trucker education and federal lobbying for noise walls. Con It will take longer to research and implement than engine brake restriction. There could be disagreement with the trucking industry on an acceptable decibel level. May result in minimal reduction in overall noise. NOISE WALLS One of the engineering options identified by the Town Council for implementation is a noise wall project. The Colorado Motor Carriers Association has indicated a willingness to approach congressional leaders for a federal appropriation to help leverage a local contribution of $391,000 allocated in the town's 2004 budget. Pros and cons include: Pro • Can be implemented with .other regulatory measures. • Local match could serve as model for additional state and federal dollars. • Will help determine level of community support. • Will enable more precise cost-benefit analysis. • Has support from trucking industry. Con • Funding process could take time. • High cost, $5 Million per mile. • Implementation may be tied to completion of PETS 1-70 corridor study. • May be perceived by Colorado Department of Transportation as disregarding state federal highway funds request process. • Solution could be deemed as too urban. SPEED REDUCTION Lastly, Council has expressed interest in lowering the 65 mph posted speed limit through Vail. Examples of other speed reduction areas along the I-70 corridor include the Glenwood Springs and Idaho Springs. Speed studies conducted by the town indicate that speeds ranked in the 85th percentile equate to approximately 70 mph on I-70 through Vail. If Council directs staff, CDOT can be requested to conduct a speed survey in the Town limits for potential reduction of the speed limit. Pros and Cons include: Pro • Provides overall noise reduction. • Improves safety; reduces accidents. Con Requires approval by other regulatory agencies beyond Town of Vail. There is a potential risk that a speed study could show the need to raise the speed limit. rather than lower it. Could sour relationship with trucking industry and cause loss of federal lobbying support for noise walls. ADDITIONAL OPTIONS In addition to the direction received by the Town Council in September, future noise mitigation considerations include the following: • Enforcement of existing speeds on I-70. • Removal of rumble strips (CDOT has agreed not to place rumble strips from milepost 180 to 182). • Education efforts by Colorado Motor Carriers Association. • Exhaust berm program to all possible locations. • Begin planning for cut and cover solution (burying I-70). STAFF RECOMMENDATION Staff recommends that council consider one of two options: Adopt engine brake restriction within the Town of Vail limits (I-70 from mile post 181.5 to 173), unless brakes are used to avoid an immediate and imminent danger. Violators would face a fine of up to $999. Direct the police staff to begin enforcement at the point of adoption. In addition, staff should pursue: 1. Speed reduction for all vehicles on I-70 passing through Vail. 2. Begin discussion with State and Federal officials to secure funding for noise walls. 3. Update the study for cut and cover solution (burying I-70) Pursue a pilot decibel reduction project in partnership with Colorado Motor Carriers Association (CMCA). Do Not Adopt an Engine Brake Restriction at this time. This project would involve a pilot demonstration project aimed at developing a maximum decibel standard of all. vehicles. This project would be evaluated after six months to determine its effectiveness and feasibility. If it is determined to be ineffective, council could re-consider the proposed engine brake regulation at such time. In addition to the noise reduction pilot project, staff recommends pursuing: Work with CMCA to tighten engine brake muffler requirements and increased enforcement at points of entry. 2. Work with CMCA to develop an education program for the trucking industry to minimize the utilization of engine brakes when passing through Vail. 3. Speed reduction for all vehicles on I-70 passing through Vail. 4. Begin discussions with State and Federal officials to secure funding for noise and mitigation strategies. 5. Update the study for cut and cover solution (burying I-70). Staff recommends option II. We believe pursuing the solution in cooperation with CMCA will ultimately produce better long term noise abatement solutions. ORDINANCE 28 SERIES 2003 AN ORDINANCE PROHIBITING THE USE OF DYNAMIC BRAKING DEVICES ON A CERTAIN SECTION OF INTERSTATE HIGHWAY 70 WITHIN THE TOWN OF VAIL AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to mitigate and reduce the making and creation of excessive, unnecessary and unusually loud noises caused by dynamic breaking devices on Interstate 70 within the Town of Vail; and WHEREAS, it is the Town Council's belief that the noise associated with the engagement of dynamic breaking devices is unreasonable in its time, place and manner, and that such noise is detrimental to the public health, welfare, comfort and safety of the residents of the Town of Vail; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 "DEFINITIONS:" of the Municipal Code of the Town of Vail is hereby amended by the addition of the following definition: DYNAMIC BRAKING DEVICE: A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. Section 2. Section 5-1-7 G "MOTOR VEHICLE NOISE:" of the Municipal Code of the Town of Vail is hereby amended by the addition of sub-section four (4) as follows: 4. Operation of a Dynamic Breaking Device: Notwithstanding any other provision of this Title 5, it shall be unlawful to operate any motor vehicle on Interstate 70, between milepost 181.5 and milepost 173, within the town limits of the Town of Vail, Colorado, with a Dynamic Braking Device engaged, except for the aversion of immediate and imminent danger. Ordinance 28, Series of 2003 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shaii 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 4. 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance 28, Series of 2003 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 28, Series of 2003 TO: Vail Town Council FROM: Stan Zemler, Town Manager RE: Town Manager's Report DATE: October 21, 2003 BIO-DIESEL Todd Scholl, fleet maintenance, has supplied some information to consider: The town does not own its fuel tank. We would have to get Fred Collett to allow us to put the bio-diesel in his tanks and also he would have to sell us the bio-diesel. The other option would be to buy the tanks/fuel equipment from Collett; then we could purchase fuel from any source we chose. The cloud point (the temp that diesel fuel gels)rs higher with bio-diesel. Thus, we would have to utilize additives or use more #1 diesel in the winter which is more refined than #2 diesel. Because it has less BTU's, it would cost more to purchase and the vehicles would have less power. In recent winters cloud point has not been a problem because the winters have been mild. If we get a severe winter with sustained temps below -0, cloud point could be an issue. Collett sent a copy of the properties associated with bio-diesel and even using a mixture of 80% #1 diesel and 20%bio-diesel. The pour point is only -15 degrees as opposed to our standard winter mixture of 50% #1 diesel / 50% #2 diesel that has a pour point of -46 degrees. Again, you can put additives can be put in the fuel to lower the cloud/pour point, which is what Breckenridge does (1 gal. to every 1,000 gals. of fuel). But the question then azises, what are the emissions from the additives. that aze being added to the fuel? In the summer, additives aze not added. But a majority of our diesel fuel is used in the winter. We have one diesel. tank that serves all the diesel units in our fleet, which includes all the fire trucks, snow plows, buses and currently includes the ambulance district (EGAD) since we sell them fuel. We need to make these users aware of our intent to use bio- diesel, if that is the road we choose. Based on the costs Collett sent last year and the price Breckenridge is paying, the town would need to allocate an additional $24,000 for the fuel. The town had a pilot project with 6 buses back in 1994 (see attachments) and we didn't have any problems at that time. During the test period we had two diesel tanks so we were able to selectively fuel certain vehicles. Since that time, we moved the fuel islands and now have just one diesel tank. In talking with Breckenridge, they have not experienced any problems. If you read the report in the attachments, you can see from our own testing that bio-diesel probably has a slight reduction in emissions. If this is something you believe that the Town would like to pursue please direct staff to begin exploring options. VCBA FINANCIALS A revised balance sheet as of June 30, 2003 is attached. Steve Rosenthal explained that the balance sheet previously submitted was incorrect due to a changeover in software. The revised balance sheet indicates a cash balance of $77,637 at June 30, 2003, which is consistent with what would be expected based on the funds provided to VCBA by the Town less the expenditures reported previously. DONOVAN PAVILION "FREE" AND DISCOUNTED USE CRITERIA Attached you will find a proposal of criteria to be used for complimentary use of the Donovan Pavilion. In working w/the management team for the pavilion, we have attempted to establish priorities and high and low use timeframes that reflect the needs of the community and provide the greatest off-set revenue which ultimately will provide reasonable no cost use of the pavilion for the residents of the Town of Vail. With further Council direction, the pavilion committee would now be in a position to make recommendations as to proposed "free" use of the facility. Please note on the criteria page that we are still awaiting final estimates of hard costs, e.g., cleaning, utilities, extra staffing. The current cleaning fee for regular use of the facility (including kitchen and great room) is around $100/use. NEW YEAR'S EVE YOUTH CELEBRATION In recognition of a partner-wide parity, Vail Resorts, Inc., has volunteered to raise its share of this event to $5,000. THANK YOU FROM THE STAFF The staff would like to thank the Town Council for your hard work in getting some tough things accomplished over the summer. The project matrix contains many references to projects that are implemented because of the way you dug in your heels and made "it" happen, e.g., Donovan Park, Middle Creek Redevelopment, TimberRidge acquisition, Town Manager search, Vail Ice Dome, Vail Memorial Park, Vail Village streetscape, to name only a few. Thank you. UPCOMING AGENDA ITEMS Nov. 4, 2003 Work Session Agenda • Executive Session - C.R.S. 24-6-402(4)(a)(b) Conferences with Attorney and Negotiations re: Children's Garden of Learning Lease • Site Visit re: Front Door PEC Approval Call-up Nov. 4, 2003 Evening Session Agenda- START TIME 7 p.m. • Approval of October's Evening Meeting Minutes • Authorization to Sign Letter of Agreement to Discuss and Study Consolidated Fire Services • Front Door PEC Approval Call Up • Resolution to Create an Urban Renewal Authority • Resolution to Approve Streetscape Masterplan Addendum • Second Reading of Ordinance No. 26, Series 2003, Parking Fines • Second Reading of Ordinance No. 27, Series 2003, Enclosures of Outdoor Dining Decks • Second Reading of Ordinance No. 28, Series 2003, I-70 Engine Brake Noise ~ , May 3, 1994 Mr. Rick Thaemert Demonstrations director National soydiesel development board P.O. Box 104898 Jefferson city, Mo 65110-4898 Dear Mr. Thaemert: The Town of Vail :has completed using Biodiesel as a demonstration fuel on six buses that totalled 50,395 miles. As per our agreement I have enclosed a brief two page summary of the results from our. test. The results did eem to indicate that emissions were reduced slightly. The main issue now is to evaluate the cost benefit of using Biodiesel, and the long term affects that it has on the fuel system and the engines of the buses. Another concern I have is that the fuel be made available to our supplier (Amoco) at the terminal in Denver. As our budget process starts in July, !believe this will be an appropriate tirr the extra cost of using Biodiesel, in 1995, if all the results stay positive and wishes to do so, Feel free to call me with any questions you may have at (303) 479-2162. Best regards, w PERCENT OPACITY 61ODIESEL PREMIER DIESEL Bus # En ine Cold idle Hot idle Hot sna Hot full Cold idle Hot idle Hot sna Hot full 156 8.2L 13 17 45 25 19 32 48 37 157 8.2L 7 1 28 10 5 6 20 8 158 8.2L 21 15 16 21 13 31 32 31 186 6V92 2 1 14 7 3 4 25 20 187 6V92 2 5 16 8 2 3 15 18 188 6V92 16 24 22 24 19 18 17 15 Aver e o aci adin s era e o a i readin 8.2L 13.67 11.00 29.67 18.67 12.33 23.00 33.33 25.33 6V92 6.67 10.00 17.33 13.00 8.00 8.33 19.00 17.67 PERC ENT INCREASE/DECREASE IN OPACITY USING BIODI Cold idle Hot idle Hot sna Hot full 8.2L +10% -11 % -11 % -26% 6V92 -17% +17% -9% -26% ESEL Figure 1 HIODIESSL TEST JAN.- MAR. 94 The Town of Vail (TOV) conducted a test using Biodiesel mixed with premier diesel in an effort to reduce emissions from bus exhaust. The goal of the test is to achieve reduced emissions in a cost effective manner while not sacrificing durability and. reliability of the buses. The town of Vail has limited capabilities to conduct tests of this nature as the facilities and the staff are set up to repair vehicles, not to analyze emissions being produced by buses. The tests were performed on six TOV buses. Three of the coaches were 1981 TMC T-30 citycruisers equipped as follows; 1. 1985 8.2L Detroit diesels 2. 643 Allison automatic transmissions 3. 30 ft. 33 passengers Three of the coaches were. 1989 Orions equipped as follows; 1. 6V92 Detroit diesels with DDEC II (electronic governors) 2. HTB 748 Allison automatic transmissions 3. 35 ft. 39 passengers Bus emissions were measured with an opacity meter prior to any Biodiesel being added. These measurements were used as a baseline to compare readings to be taken at a later date. Premier diesel fuel. was then mixed with 20 percent biodiesel. The mixing was performed in a three thousand gallon storage tank by dumping eleven 55 gallon drums in to the tank and then filling the tank with diesel. The six buses were then run for a total of 50,395 miles over a three month period. The opacity was then measured again in a similar manner. The Emissions test was a measurable test with definitive numbers, but the durability and reliability of using biodiesel in the buses is unknown. The were no mechanical problems associated with using Biodiesel during the test, . w' t but this was a short term test with no way to measrelo~:'`g term affects. The baseline and ending opacity meter readings were compared as shown in figure 1. The results show some inconsistencies but an overall reduction in emissions. Since opacity measures the visible amount of smoke emitted from the exhaust, there is a slight reduction in visible particulate matter. Overall the test produced the following results; 1. Opacity was reduced slightly 2. No mechanical problems 3. No cold weather fuel problems with an 80/20 mix 4. Exhaust odor changed to a ~~french fry" aroma 5. Engine oil samples remained unchanged 6. 100 °s Biodiesel needs to be stored above freezing temperature as a barrel that was left out in February gelled and was unusable until thawed 7. No noticeable engine power loss To summarize the overall test, while Biodiesel does seem to reduce opacity slightly, is the estimated $.30 a gallon more in fuel costs justifiable. Long term effects on the engines are not known and availability of the fuel premixed at the terminal is unknown. As stated before, it is difficult for the Town to answer all the questions with the limited resources available to us. 11:a1 AM Vail Chamber ~ Business Association ,a,ao3 Balance Sheet Accrual seals AS of June 30, 2003 Jun 30, 03 ASSETS Curcent Assets CheckinglSavings Checking 77,636.58 Total CheckinglSavings 77,636.58 Total Current Assets 77,636.58 TOTAL ASSETS 77,636,58 LIABILITIES b EQUITY Equity Opening Bel Equity 48,744.85 Net Income 28,891.73 Total Equity 77,636.58 TOTAL LAABILITIE3 d~ EQUITY 77,636.58 Page 1 7nu~tncuen 17 AUGUST 2003 VAIL .BUSINESS REVIEW October 16, 2003 Overall August sales tax decreased 7.4% with Retail decreasing 4.3%, Lodging decreased 11.7%, Food and Beverage decreased 8.6% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) decreased 6.2%. Town of Vail'sales tax forms and the Vail Business Review are available on the Internet at www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125. Sincerely, Sally Lorton Sales Tax Administrator August 2003 SALES TAX VAIL VILLAGE L1ONSHEAD August August August 2002 2003 Collections Collections Chan e Retail ~ ,, ~~ ;~ ~~~ , , Lodging ~~~ ~~~~~ ~*~ ~~'` ~~ ~~ '~ ~ ~ ,~ '~*~ Food 8 ` ~x ~` _' ~~`~~' . ~~~-~ a ~~~5 ~ ~ ~ c~y~r';~ !k . Beverage ~~ "`~~~~i~ ~"~'~`,~'~'~~'~~` a~'~.r`~"-'f~ +~ ~ x by'~a~.;;sxw'°4P'x`iCS`~"4~!~5~~"'`T``m's t~~- Other ~ Kos ~e ~'~i-i~ ~L ~ ~~~9~ ~~~FgfraP~~ ~t,s #i x~(' /1 t E,~Si{~'3"~,F x > Yvl~ x~ ~ , ±r ~ n ~~~ b-~g{,ty~"f~rt&'~~'n~y-~'f~'.. .~ t,.~x ,l - 6~. ~Y,~', r~ "'s t '~. E4" Y ' t`w ~^f S $ 1 .'~ J U y S F Total ~ ~'~~~ ~~,~5~ ~'~~~~y~~ ~ ~~~ ~~' _, ~ '~_ y, fis^ yd~ *°-4"> s~c-x" T r'~x" p~n~'ty ~ ~~~'$';, t August 2003 SALES TAX CASCADE VILLAGE/EAST VAIUSANDSTONEM/EST VAIL August August August 2002 2003 Collections Collections Chan e ~ Retail _~ 'fi ~ -, ~~ ~t, °_-~" ~~ . _ , x Lodging Food & Beverage ~: 4 r~~ ~ . rtik~rc «, Other ~~ ~ `, ~xF ~ Total tC 4 _ our of rowN August 2003 SALES TAX TOTAt August August August 2002 2003 Collections Collections Chan e ,~ ~ ~ ~ > Retail ~~ ~, ~ A ~_ Lodging ~ Y ~~ y.~~ ~~~~~~~ x~ ~ ~n ~}S ~ Food & ~ . _~ 3 Beverage ~~ ~ ~ ~ ~ ~ ~ ' ~~ ¢ 4l~ldi- S~ t~R F~. ~ Y!' ~ +~' R ~ Utilities 8~ ~ ~ ° ~ ~ Other w .,t, ~<,~- ~ ~~ ~ ~ , ~,, ~ ~. ~ ~. "s '~ a Total =~<e. ~ ~ ~ ~"' ~+ ~~ • ~ RETAIL SUMMARY August 2002 Collections August 2003 Collections August Chan e FOOD 120,153 106,909 ~ -11.0% LIQUOR 19,760 20,036 1.4% APPAREL 57,223 57,715 .9% SPORT 96,435 95,859 -.6% JEWELRY 35,463 31,089 -12.3% GIFT 16,721 13,153 -21.3% GALLERY 4,970 14,869 199.2% OTHER 67,987 61,260 -9.9% HOME 526 504 -4.2% OCCUPATION TOTAL 419,238 401,394 -4.3% 2003 Project Matrix Today's Date: 10/16/03 No. of remaining VTC meeting days: 1 A= The buck R= For moving C= Have info 1= Who else stops here forward responsible needs to people need know? to move forward PROJECT/ TARGETED .CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW 2003 BALLOT Review of community survey findings Done Suzanne Suzanne Pam Community Review of 5-Year Capital Projects lists, Done VTC Greg, Judy Pam, dheads Community i.e election needs Election ballot go/no-go Review of 2 ballot options (mill levy Done; No-Go VTC Pam, Greg, Judy, Matt Community decision by 6/1/03 transfer & GO bond) decided Suzanne, Matt Fire Service Consolidation Negotiate service contract with Eagle 10/21--Letter VTC Matt, Pam, Judy JP, John Community River Fire effective 1/1/04; plan for of agreement consolidation election in 5/04 2004 BUDGET Council direction needed on Done VTC Pam Judy Community VCBANVCTB future funding Preparation of budget timetable Done Judy Judy Pam dheads BUSINESS Executive session discussion with town Done Matt Matt Pam, Judy VCBA IMPROVEMENT attorney DISTRICT Council direction on $15,000 funding Done VTC Matt Business business request community community Council direction on business license fee Done VTC Pam, Judy business community Council direction on Commission on Done VTC Pam, Judy, CSE Community Special Events PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABLE RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW CONFERENCE CENTER Need Council site selection Done VTC Pam, Russ, Greg Judy, Matt Community decision/direction; report-out on parking charette Appointment of Oversight Committee Done VTC VTC Pam Community Need Council decision/direction on Recommend a VTC Oversight Russ, Greg, Community project manager the end of Committee, Pam Matt, Judy phase 1 Review RFP for business plan and Done VTC Russ Forrest Oversight update of market analysis (program Committee verification) Council review of recommended Done VTC Russ Forrest Oversight candidate to award a contract to for the - Committee business plan Design-build RFP December, VTC Oversight Judy, Matt Community 2003 Committee, Pam, Russ, Greg DONOVAN PARK Approve contract for pavilion operation; Done VTC Greg Pam, Matt Community set rates Discussion of soccer field VTC-VRD scheduling/lawn care/ irrigation subcommittee TBD 9/1/03 Complete construction Done Greg Greg VTC Community EAGLE COUNTY Facilitate independent audit of county VTC Ludwig, Pam partner community CONSOLIDATION & and towns to identify areas of duplication agencies COST-SHARE and revenue sharing FIRE SERVICES Independent analysis of existing studies Done Pam Pam VTC Community 6/3/03 6/2/03 RFQ for architectural services Done Pam Pam John, Greg, Russ, Matt Council decision on fire service levels Done VTC Pam John, Greg Community and related facilities 6/17/03 RFP for architectural services On hold VTC Staff John, Greg Community PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABLE RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW FIREWISE CODE Determine how to integrate Firewise 1st quarter, VTC Russ Bill Carlson CHANGES principles into DRB regulations 2004 GRFA Proposal on reforms to GRFA October, 2003 VTC Russ, PEC Bill Gibson Community regulations 1-70 NOISE MITIGATION Completion of East Vail berms, 5-year Ongoing Greg Greg CDOT Community project Jersey barriers Greg Greg CDOT Community Noise wall demonstration Ongoing Greg Greg CDOT Community Lobby to reduce speed limit Ongoing VTC Stan, Greg, CDOT, FHW, Motor Dwight, VTC Motor Carriers, Carriers Assn Community Draft Ordinance on Engine Brake First Reading, VTC Matt CDOT, FHW, Motor Restrictions 10/21 Motor Carriers, Carriers Assn. Community Speed/ noise enforcement State Patrol VTC Dwight Greg, CDOT Community, truck Motor inspections, Carriers August 4/5- Done New Signs on I-70-Done LIONSHEAD Community parking agreements To be VTC Pam, Greg, Russ Dwight Community REDEVELOPMENT negotiated Final recommendation from Task Force Done VTC Pam, Russ Judy, Greg, Community on a petition and creation of the Matt Authority Review of public projects to include Done VTC Greg, Russ Judy, Pam Community transit center Formation of URA/Implementation of TIF 11/4/03 VTC Russ Pam, Matt, Community Greg, Judy PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW CDOT cost-share agreement Greg Greg Pam, Russ, VTC Judy VRI/Com Dev Staffing agreements Prior to 1st Russ Russ, Greg, John Pam, Matt, VTC meeting with Judy, JP PEC MIDDLE CREEK Construction to begin 7/01/03 Construction Russ Nina VTC, DEVELOPMENT underway Community PROJECT PARKING Review of 02-03 season; modifications Done VTC Greg, Parking Community Community for 03-04 Task Force Explore seasonal parking on Ford Park Done VTC Greg, Parking Community Community ball fields Task Force, Vail Resorts Expansion of community parking Done VTC Greg, Russ, Community Community capacity; parking charette report-out Parking Task Force RED SANDSTONE Cost-share request to Eagle County Underway VTC Pam VRD Community INDOOR MULTI- School District to augment $150K + in- PURPOSE REC FACILITY kind from TOV, $400K from Water District, $250K from Vail Resorts, $600K from RE50J Identify interim location options for Lease VTC Pam, Greg, Russ VRD Community gymnastics post 8-04 lease extended Determine if parking improvements at Underway Greg Greg, Russ, Pam VTC, RES, Community Red Sandstone School are needed VRD ROLE OF TOWN Recreation philosophy discussion, re: TOV-VRD VTC Pam dheads, VRD Community GOVERNMENT Ice Dome, Skate Park, Indoor subcommittee Recreation work (Recreation, Culture, What businesses are we in? VTC Pam dheads Community Education, Economic Development - as part of overall roles discussion for VRD) PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABLE RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW STEPHENS PARK PILOT Schedule review of pilot program and VTC, 2/17/04 PROGRAM (Dog Park) determine if off leash policy is to be News release 2/18/04 allowed permanently 5/12/03 SIGN CODE REVISION Develop a revised sign code that is 1st Reading, VTC Russ DRB, Business easier to understand and enforce 10/21/03 Business community Community TIMBER RIDGE Friendly condemnation action in District Done Pam, Russ Nina, Judy, Matt Steve Jeffers VTC, Court for acquisition Community TOWN MANAGER Applications due May 23 Done; 164 VTC Search firm JP Community SEARCH applicants Fall 2003 Candidate screening June 17 Done; 5 VTC Search firm JP Community finalists Final selection, Stan Zemler Starts VTC VTC JP Community 10/6/2003 VAIL ICE DOME Cost-share request to Eagle County Letter sent VTC Pam Vail Jr. user groups Commissioners for set-up/tear-down 5/9/03 Hockey, VRD Vail Jr. Hockey fund-raising campaign 0 raised Vail Jr. Hockey Vail Jr. Hockey VTC, VRD user groups Council decision to budget set-up and Done VTC Greg VRD user groups tear-down costs, $190,000 Recreation philosophy discussion Done VTC Pam VRD Community VAIL MEMORIAL PARK DRB Application Done 2004 Opening Development review process, DRB Done. Task Force Russ dheads Community Creation of 501c-3 Done VTC Task Force Matt Community Rezoning Done Task Force Russ Community VAIL VILLAGE Need Council direction on snowmelt . Done VTC Greg Pam Community STREETSCAPE PEC review of Master Plan Done PROJECTI TARGETED COMPLETION DATE CURRENT STATUSI DIRECTION NEXT REVIEW ACCOUNTABLE RESPONSIBLE CONSULTED INFORME Preparation of phased construction schedule with input from Water District, adjacent property owners, business community Underway Greg Greg adjacent property owners, Water District, VCBA Community Exploration of Downtown Development Authority/TIF No followup scheduled VTC Russ Pam, Russ, Matt, Judy Community VILLAGE REDEVELOPMENT PROJECTS Loading and delivery Greg Greg Pam, Russ, Dwight, Matt affected properties, Community VR integrating off-site streetscape into their plans ~ Greg and George Greg and George Pam, Russ, Judy, Matt PERMANENT SKATEPARK Evaluation by TOV-VRD Committee TM Report 10/21 VTC Diana, Greg M., Nino, Julie TOV, VRD Community ~t October 7, 2003 2312 Meandering Way Arlington, Texas 76011 Town of Vail: Attn: Members of Town Council 75 S. Frontage Road Vail, CO 81657 Dear Sirs: My wife and I are owners of Townhouse T19 in the landmark Building and have been owners since 1991. We have been aware of Vail Associates desire to renovate the Lionshead core for many years and have recently been presented with the current redevelopment proposals. We are very pleased with most of the new proposals, especially the lee rink and five star hotel. These developments, along with the conversion of the tennis courts and Marriott parking area, are certainly the best set of ideas we have seen over the Y~~ Our only concerns are with the conversion of the North Day Lot into a transportation center and employee- housing unit. The bedrooms of the townhouses face to the north and will duectly face such a struchue. At the present time the noise from I 70 is loud enough. We cannot imagine the decibel level created by the town, county, ski and hotel shuttles stopping fifty feet from our bedroom! We suggest the council members camp out fifty feet from the current Vail Transportation Center and try to get a good night's sleep. The height of the structure will also obstruct our view to the north and create a canyon effect between the townhouse entrances and the employee building. Granted we are not talking about New York tenements, we still doubt this will enhance the desirability of the townhouse units. There are also concerns about the exhaust fumes from the buses, as well as security and noise from the units themselves. We have always loved Landmark and know the families who rent the units there have had a very positive experience. Our concerns are that the North Day Lot proposal will make the units less desirable and have a negative impact on our properly value that will far offset the positive effect of the other redevelopment projects. Sincerely ,C~ar~la and W/il~liam~Bjriggs t , ~~~ • r Cc: Geoff Wright, General Manager, Landmark-Vail Condominium Assoc., Inc. THEODORE M. CETRON P.O. BOX 740, BONDVILLE, VERMONT 05340 802-297-1550 October 7, 2003 Town of Vail Attn: Members of Town Council 75 S. Frontage Road Vail, CO 81657 RE: Lions Head Redevelopment Dear Town Council, I have had the opportunity to review the submissions to the Town of Vail of the Lions Head Redevelopment Plan. The vision and commitment to Lions Head by Vail Resorts should be commended and I feel it will benefit all parties concerned (resort guests, homeowners, local business owners & certainly Vail Resorts). I have been an owner at Landmark Condominiums for the past 18 + years and see the redevelopment as a positive step for the future. The plan was well conceived and you have my full support. However, I must strongly OBJECT TO THE PLAN FOR THE NORTH DAY LOT. Far the following reasons: 1) The ongoing ability to access our front desk at Landmark, which is marginal activity now and will totally be removed with the new plan. 2} Green Issuers; noise, security and exhaust fumes from the many buses. Any of these issues represents a challenge in my estimation. 3} Employee housing - I live in a winter resort area in Vermont and understand the needs and the importance to provide employee housing. However, to use an important parcel of real estate for this purpose and mix it with offices, resort guests and homeowners seems to be an easy fix for a difl=icult problem and not well thought out solutiott. I understand there have been some very early considerations of moving the transportation center to above the existing parking structure at Lions Head. I would think that this location has a lot of obvious and logical benefits and would suggest that various parties pursue this location in more detail. Thank you for your consideration. Sincerely yours, Theodore M'.'Cetron Landmark Tower 302 Linda and Donald Sage 14 Evergreen Row Armonk, New York 10504 914/273-3967 -phone 914-273-5689 -fax October 7, 2003 Mayor and Members of the Town Council Town of Vail 75 W. Frontage Rd. Vail, CO 81657 Dear Mayor and Members of the Town Council: Our family bought a condominium in the Landmark (601.) because we were hoping_to make Vail our future permanent residence. We see Vail as our investment in apiece of heaven on earth. A little corny perhaps, but truly the way we feel. We have been encouraged by our management to do our part improving our unit and making Vail a first class resort. Justifiably, someone who pays top dollar for a vacation deserves first class accommodations. Thus, we remodeled our kitchen and bathrooms with a cost of close to $70,000 to upgrade our condo in Vail where we spend 2 weeks of the year as opposed to our home in Armonk where we spend 50 weeks of the year. A little crazy to justify perhaps, but we are crazy about Vail. I think we've done our part! We are writing now because we know that you too want to do your part in making Vail the best it can be. We can't help but wonder, however, when we hear some of what is being considered, if our property is being devalued, not enhanced. We invite you to go into our condo now, and tell us that after building what amounts to a high rise in front of it, and a transportation center behind it, that you personally would be interested in renting it --- let alone buying it. Consider also the noise our renters,. if there were any, or we would have to bear during the entire time both these projects are being completed.. If it's because the fmal outcome will be better, that's one thing; it's worth it. If it's going to be worse, that's something quite different. We'd like to address several items more specifically, which we believe you are now in the midst of considering.. First of all, we'd like to discuss your consideration of using the North Lot as a transportation center. One member of your council once told me that the reason for creating a transportation center in the North Lot was to get people to walk through all of Lionshead and frequent its stores. Those people staying in Lionshead are aware of the stores there. Those people who come in from the village know that many of these stores are duplicates of what is in the village -even the General Store has the same owners and similar merchandise as Rucksack. If there were more unique stores people would certainly be willing to walk the extra block. Also, at what cost would this be to the residents and renters in this area? Please consider the fact that you will increase the noise, congestion and pollution to residents of the Landmark, the Westwind as well as other residents in the area. We will hear buses coming in and out day and night. In addition, what will become of our entrance? We're not suggesting that you not utilize the North Lot for something that could be profitable. Why not have additional condos, offices, a health club, or a conference center and have a circular driveway for both entrances down the middle. Flowerbeds could be added and this could be made into an attractive and useful area. If you really believe that noise and pollution is not a factor then why not require the builder of the new hotel to create an attractive transportation port behind his hotel and next to the mountain. It could be used to better service his hotel and of course be utilized by the rest of Lionshead. It would also be less disruptive to the rest of Lionshead during the hotel's construction since building supplies, etc. could be delivered to the back area of the planned hotel. We really, however, don't understand why the buses can not remain where they are now, at both ends of Lionshead. We've never heard one complaint from anyone. Most people tell us the free bus service is wonderful and convenient. Maybe you need to be an outsider to see how much this service is appreciated. Why, we wonder, fix something that's not broken? Especially when your own town survey gave the bus system a high approval rate by Vail's citizens. Second of all, we now have road noise and the noise of garbage pickup trucks in the morning. If you add employee housing, we'd have noise in the middle of the night too. We would hate it and I am sure our renters would too. Would you say that would enhance our property value? Finally, commuting to work is a fact of life -just ask anyone living in a suburb of New York City, Washington, D.C. or Boston. We have done it for years. We don't think asking an employee to commute up to a half-hour each way is too much to expect. The idea of using prime real estate land on the North Day Lot for employee housing makes no sense. Having a beach or mountain view has always warranted the highest real estate prices. Having the convenience of being nearby is the next best thing. Do you really feel employees should have this luxury that many other condo owners in Vail pay dearly for or don't have because it is too expensive? Again, what is wrong with using it for office space, a conference center or a health club? We bought in Lionshead because it had a real family quality to it. It's true that some of it is old and needs some updating. In fact, changing the railings on the terraces to something with curved lines like you might see in Austria would soften up the facade of our building. Also, I don't know how the name Lionshead came about but using a `lionshead' as a central theme for all of Lionshead would be great. Consider a sculpture of a lion at the center of Lionshead with a mane of ski trails! (a creative friend's contribution.) We feel that every decision that is made and every penny that is spent should ultimately have one thing in mind and one thing only- making Vail better- not busier, not noisier, not more congested and polluted. Not only won't your residents like it, but also your visitors won't either. People love the pedestrian only plazas of Vail. We hope you will give all of our comments and feelings some consideration. We know you too want what is best for Vail. Thanks for all your efforts. `" _ .-- ~~ Linda and Don Sage cc: Mr. Jack Hunn, Mrs. Russell Forest, Mr. Geoff Wright, Landmark Condominium Association v~~ ~7~-~•'x- ~. ~ CEO 3 UGt-a~ iJ i= i/ /--~ i G. /}7 L-7rJ,~3E7t'S C>F ! 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Cow~+.~-° ~ ~ t ~~,¢,~ t~~d~ ~C ~ ~, ~, ~p~?d9~c~ ~ ~~ ~ o ~ ~. ~~ ~ ~'~'~'~` ' ,r.ye~ c~,~+w~ ~ Vat l ~ravn~ • Cow cSo a-~~ ©a ~ ~~.~~~r °~~`~' ,~~, 'n t-r~. ~ r-. -~. o~.~ Gee ~d~ ~'~ ~~~~e -~.-~, , ~ • 11 ~~ tit o ~ '"" ' ~ ~ ~ ~ ~ ~ ~~ ~ ~ -~- '~',~ ~ . - TOWN OF VAIL ~~~~ ~ r ~.~ E, TITLE 11: SIGN REGULATIONS ,~ TITLE 11 SIGN REGULATIONS Subject Page Description, Purpose, and Applicability ....................................................................2 Definitions ......................................................................................................... 3 Administration ....................................................................................................9 Sign Application Procedures ................................................................................11 Design Guidelines and Standards .........................................................................13 Business and Building Identification Signs ...............................................................16 Other Signs ................................................................. ..................................25 Sign Programs ...................................................................................................29 Exempt, Prohibited, and Non-Conforming Signs .............................. .......................30 Variances and Appeals .......................................................................................32 Violations and Enforcement ..................................................................................33 CHAPTER 1 DESCRIPTION, PURPOSE, AND APPLICABILITY SECTION: environment that is aided by signs that identify, direct, and 11-1-1: Description inform. 11-1-2: Purpose 11-1-3: Applicability 4. To aid in providing for the growth of an orderly, safe, 11-1-1: DESCRIPTION beautiful, and viable community. This Title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as Title 11 of the Vail Town Code. 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 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. 11-1-3: APPLICABILITY Except as provided elsewhere in this Title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this Title. All signs in the Town of Vail are subject to the Design Guidelines and Standards (Section 11-5-1) and review by the Design Review Board (DRB). 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 environment. 3. To preserve a successful and high-quality business 2 CHAPTER2 DEFINITIONS SECTION: 11-2-1: DEFINITIONS ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. Sign area does not include support brackets, support posts, or the use of rock, stone, wood, meta, or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. ADMINISTRATOR A member or members of the Town of Vail Staff appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 11: Sign Regulations. AGGR{EVED PERSON Any person as defined in Section 12-3- 3-6-2 the Town of Vail Zoning Regulations. ANIMATED SIGN Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation: prohibited in the Town of Vail. ARCHITECTURAL PROJECTION Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and the like, but not including signs. AREA, SIGN (SD 1) For Business Signs: the entire size of the surface to which graphic elements such as lettering, symbols, diagrams, or similar representations are applied. For Building Identification Signs: the entire size of the surface described by the smallest polygon that can surround the letters and graphics that comprise the sign. AREA, SIGN (SD 2) For Business and Building Identification Signs: the entire size of the surface described by the smallest polygon that. can surround the letters and graphics that comprise the sign. Sign area does not include support brackets, support posts, or the use of rock, stone, wood, metal, or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. AWNING For the purposes of this Title, the roof- like cover that is temporary in nature and projects from the exterior of a building, typically over windows, walkways, doorways, or outdoor eating areas. BANNER, PENNANT, or BUNTING Any temporary decorative cloth or material affixed to poles, wires, or ropes, that is related to the announcement or promotion of community events or activities or to the decoration of the Town for special holidays. BILLBOARD A permanent outdoor advertising sign that advertises goods, products, or services that are not related to the premises on which the sign is located: prohibited in the Town of Vail. 3 BUSINESS OPERATION SIGN A sign that conveys information about a business; this may include the hours of operation and the listings of accepted credit cards, organizational affiliations or slogans, and notable awards. BUSINESS SIGN Any sign that displays the name of the business upon which site it is located including any graphics and language that represent the business. BUILDING IDENTIFICATION SIGN Any sign that displays the name of the building upon which site it is located including any graphics and language that represent the building. CHANGEABLE COPY A manually operated sign that displays graphical or word content that can be easily changed or altered: prohibited in the Town of Vail. CLEARANCE The vertical distance from existing grade to the lowest-hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN (see Temporary Site Development Sign) DESIGN Including but not limited to the shape, dimensions, color, symbols, letters, material, and luminosity that comprise a sign. DIRECTIONAL SIGN A sign that serves to direct pedestrian or vehicular traffic. DISPLAY BOARD (see Menu Box) ELECTRONIC DISPLAY TERMINAL Any monitor or electronic device used to provide public information or to promote a special event: allowed for Town of Vail public information purposes only. ERECT To build, construct, attach, hang, place, mount, suspend, or affix a sign: this also includes the painting of wall signs, murals or supergraphics. EVENT, SPECIAL A public event that is of interest to the community as a whole and has been approved and given a permit by the Town Manager, excluding the promotion of any product, political candidate, religious leader, or commercial goods or services, except in relation to the permitted event. FIBER OPTIC SIGN A sign of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction that transmits light throughout its length through internal reflections: prohibited in the Town of Vail. FINE ART Sculpture, fountains, or similar objects possessing form and beauty, including paintings or drawings. FLAG Any city, county, state, national, organizational, or institutional symbol or insignia applied to a piece of fabric. FLASHING SIGN Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever: prohibited in the Town of Vail. FREESTANDING SIGN A single or multi-faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. FRONTAGE, BUILDING The horizontal, lineal dimension of any side of a building that has a usable 4 public entrance upon a major vehicular or pedestrian way or other circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own business frontage. FRONTAGE, BUSINESS The horizontal, lineal dimension of any side of a business that has a usable public entrance upon a major vehicular or pedestrian way or other circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own business frontage. GRADE, EXISTING The existing level of a property after any development or construction activity and prior to the erection of a sign. HANGING SIGN (see Projecting/Hanging Sign) HEIGHT For the purposes of this Title, the height above grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, INDIRECT A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source shall not be visible to the viewer. ILLUMINATION, INTERNAL Illumination by means of a light source that is within a sign that has a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are made of a translucent material: prohibited in the Town of Vail, excluding signs used by the Town of Vail for public information purposes. ILLUMINATION, NEON A light source in which a colorless, odorless, inert gaseous element known as neon is found: prohibited in the Town of Vail. ILLUMINATION, PAN-CHANNELED An indirect, concealed light source which is recessed into any element of a sign and is attached directly to the face of the sign: each element to be lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements but through the front face only. ILLUMINATION, RECESSED A source of light that is directed upon a sign and placed inside of an architectural element, such as an eaves a preferred type of sign lighting within the Town of Vail. INSCRIPTION, MASONRY The name andior date of a building etched into masonry. JOINT DIRECTORY SIGN A type of Building Identification and Business Sign that displays the name of a building, complex, or center and the names and addresses of two or more businesses within. KIOSK A small structure, typically located within a pedestrian walkway or similar circulation area that is used as a display space for posters, notices, exhibits, and 5 similar displays: for public information use by the Town of Vail. MAINTENANCE, SIGN The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. MENU BOX (also known as a display board or display box) A freestanding or wall sign enclosed in .glass for the express purpose of displaying menus, entertainment options, real-estate listings, or items related to the advertised business. MURAL A work of art or a painting that is applied to and made an integral part of an exterior wall and which shall receive approval either by the Town of Vail's Art in Public Places or Design Review Board prior to application. A mural shall be considered a wall sign, and regulated as such, if it contains words, logos, trademarks, or graphic representations of any person, product or service that identifies or advertises a business. Signatures shall be allowed but limited to a maximum of two square feet in size. NON-CONFORMING SIGN (may also be known as a legally non-conforming sign) Any advertising structure or sign that was lawfully erected and maintained prior to the enactment of this Title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this Title. OFF-PREMISES SIGN Any sign that relates to or advertises products, services, or uses, or directs persons to a different premise than that upon which the sign is located. OPEN/CLOSED SIGN A type of window sign that may be two- sided and displays the words "open" or "closed" on one or both sides of the sign. OPEN HOUSE SIGN A temporary sign advertising areal- estate showing. PERSON For the purposes of this Title, any individual, firm, partnership, association, corporation, company, or organization of any kind. POLITICAL SIGN A temporary sign that announces, promotes, or draws attention to any candidate(s) seeking public office in an election; also any sign announcing political issues. PORTABLE SIGN A sign that is not attached to the ground, a building, or a structure: this does not include avehicle-mounted sign as defined in this Title. PREMISE Land and the buildings that are owned or rented thereupon. PROJECTING SIGN A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. PUBLIC INFORMATION SIGN An informational sign that relays directions to the public regarding 6 resources, restrooms, or any other similar public amenity. QUANTITY The number of signs allowed a business or building. REFLECTIVE SURFACE Any material or device that has the effect of intensifying .reflected light, such as Scotchlite®, Day-glo®, glass and luminous paint: when pertaining to signage, prohibited in the Town of Vail. RESIDENTIAL NAMEPLATE SIGN A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, and/or the house name or address, that shall not contain advertising of any kind. SIGN A surface or space as identified in these guidelines, whether continuous or not, that identifies a business, building, or any related products and services by means of letters, numbers, figures, or other symbols, devices, or representations. SIGN DISTRICT Any one of three areas designated by the Town of Vail in Title 11: Sign Regulations, each of which is subject to different standards. SIGN POSTS AND POLES Any vertical upright(s) that support a freestanding sign, that are not attached to or braced by any other structure. SIGN PROGRAM A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE The supports, uprights, braces, hanging devices, and framework of a sign. SITE The property that provides a location for and justifies the area of a sign. SIZE (see Area, Sign) STAFF A member or members of the Town of Vail Community Development Department, appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 11: Sign Regulations. STAINED GLASS Multi-colored pieces of translucent material held together by foil or lead canes with various joints soldered together. SUBDIVISION ENTRANCE SIGN A sign that identifies a subdivision. or condominium complex or group of apartment buildings having at least one hundred lineal feet of frontage along a vehicular or pedestrian way. TEMPORARY SIGN A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. TEMPORARY SITE-DEVELOPMENT SIGN A sign permitted to identify a project under construction and the associated hazardous conditions that may include the project name and address; a temporary site-development sign may not include the name of the general contractor, architect, real estate agent, or other persons inherently associated with the development. TRAFFIC-CONTROL SIGN (for private property) A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. 7 VEHICLE SIGN Any temporary sign, logo, or advertisement that is placed, painted, attached, or displayed on a vehicle. WALL SIGN A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. WINDOW SIGN A sign installed upon or within three feet of a window, that is visible from the nearest pedestrian or vehicular way and is used for the purpose of display or advertising: this term does not include merchandise displays. YARD SALE SIGN (also known as a garage sale sign) A temporary sign that announces a garage sale, open house, or similar event. ZONE A zoning district as described in Title 12, Zoning Regulations, Vail Town Code (e.g., ABD or CC3). A "zone" is not the equivalent of a sign "district'; as described in this Title. 8 CHAPTER 3 ADMINISTRATION SECTION: 11-3-1: Administration 11-3-2: Liability 11-3-1: ADMINISTRATION A. ADMINISTRATOR 1. Appointment The Town Manager shall appoint an Administrator, who shall administer and enforce this Title. This position may be combined with another position in the Town of Vail. 2. Responsibilities The Administrator/Staff shall be responsible for the duties prescribed in this Title, which entail the enforcement of the sign regulations. 3. Enforcement The Administrator/Staff may serve notice of violation and carry out removal of any sign in violation of this Title. The Administrator/Staff may call upon the Town Attorney to institute necessary legal proceedings and the Chief of Police and/or authorized agents to assist in the enforcement of this Title. B. DESIGN REVIEW BOARD 1. Appointment The Design Review Board shall be appointed according to Title 4, Chapter 3 of the Vail Town Code. 2. Responsibilities The Design Review Board shall be responsible for the duties prescribed in this Title, which entail the review of sign applications. 9 C. AMENDMENTS The regulations prescribed in this Title may be amended or repealed according to Section 12-3-7, Amendment, of the Vail Town Code. 11-3-2: LIABILITY The provisions of this Title shall not limit the liability of any person who erects or owns any sign from .personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Title. The provisions of this Title shall not impose upon the Town of Vail, its officers, employees, or the Design Review Board, any responsibility or liability by reason of the approval of any sign. 10 CHAPTER 4 SIGN APPLICATION PROCEDURES SECTION: 11-4-1: Submittal Requirements 11-4-2: Sign Application Review 11-4-1: SUBMITTAL REQUIREMENTS 1. Staff Review: The Community Any sign erected within the Town of Vail Development Department of the .shall be regulated by this Title and is subject Town of Vail shall accept for review to design review by the Staff and/or Design the properly completed sign Review Board of the Town of Vail. The application. following application requirements must be met for any sign that is to be erected within a. If the Staff determines that the the Town of Vail. sign application unquestionably meets the standards of this Title, A. SIGN APPLICATION: including the Design Guidelines A sign application for the erection of and Standards as they are an individual sign consists of an stated in Chapter 5 and the "Application for Design Review" technical requirements as they which must be obtained from the are stated in Chapter 6, Staff Town of Vail's Community shall then approve the Development Department, properly application. All applications completed per the instructions, and approved by the Staff shall be returned with the appropriate listed on the next publicly-.posted materials to the Staff in order to agenda of the Design Review begin the two-phase review process Board. listed in Section 11-4-2 of this Chapter. b. If the Staff determines that the sign application meets the B. APPLICATION FEE: standards of this Title, but does A reasonable application filing fee not unquestionably meet the shall be set by the Vail Town Council Design Guidelines and to include the cost of the Town of Standards as they are stated in Vail administration time and other Chapter 5 and the technical expenses involved in the review of requirements as they are stated the application. The fee shall be in Chapter 6, Staff will schedule paid at the time that the application the application for review by the is submitted and shall not be Design Review Board at their refundable. next hearing, held the first and third Wednesdays of each 11-4-2: SIGN APPLICATION REVIEW month. A. CRITERIA FOR DECISION: c. If the Staff determines that the Each sign application is subject to sign application does not meet the following two levels of review: the standards outlined in this Staff review and Design Review Title, including the Design Board (DRB) review. Guidelines and Standards as they are stated in Chapter 5 and 11 the technical requirements of this Title as they are stated in Chapter 6, Staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this Title, the applicant will be notified of the denial in writing and may submit a new application to the Staff, file an appeal of the Staff. decision to the Design Review Board, or file an application for a variance in accordance with Chapter 10 of this Title, Variances and Appeals. 2. Design Review Board review: The Design Review Board will review all sign applications scheduled on their agenda by Staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the Design Guidelines and Standards as listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title. a. Upon determination of compliance with the Design Guidelines and Standards listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title, the Design Review Board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and. any conditions placed on the approval, and may then erect the sign according to the approved application. b. Upon Design Review Board denial of the application based on the Design Guidelines and Standards listed in Chapter 5 andlor the technical requirements listed in Chapter 6 of this Title, the applicant will be notified in writing of the reasons for denial and may submit a new application to Staff according to the recommendations from the Design Review Board. The applicant may file an appeal to the Town Council if he/she chooses not to submit a new application to Staff (see chapter 10 of this Title, Variances and Appeals). 12 CHAPTER 5 DESIGN GUIDELINES AND STANDARDS SECTION: 11-5-1: Purpose 11-5-2: Design Guidelines 11-5-3: Design Standards 11-5-1: PURPOSE The Design Guidelines and Standards 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. The guidelines and standards are intended to encourage expression and creativity. 11-5-2: DESIGN GUIDELINES Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present within the Town: sign location, configuration, design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town B. Be compatible with the size of surrounding structures: signs should not visually dominate the structure or business to which they belong. The Staff will review all proposed signs in the context of adjacent signage to verify that the sign is appropriately-sized. ~~~' >x, , r~ i ~~~ Q -~ ~' ~ is 1~~ ~ _~ ~ ., ~: ~~ r ~, ~~` ~~ ~ ~ ~ Y ~~ 'r. ~ ~I Appropriate sign size 13 C. Be composed of predominately natural materials which may include, but are not limited to: painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; non-reflective glass and stained glass; other naturally-textured building materials. Plastic and other synthetic materials that are not naturally-textured, such as sign foam, vinyl or Plexiglass® are discouraged. __; .~~ `VAfbruriu wooden D. Use natural colors: earth tones: full spectrum of soil, clay, and metallic colors; neutrals: off-whites to deep browns and blacks; Bright colors should be used only as accents. E. Be surrounded by landscaping: landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants. (xeriscaping). r ~.: _. ~~-0~ ~~ ~ '~ ; i ~~ .i f d t i' t ti ek 11~ s ~ ~ a f. ~ ~ 7t ~~. ~ '`,, e to 3~`l ~jj'~ ~ t'. r ~ .. E ~_ f,a. ~ fW~.~`Y~1'. a Natural landscaping F. Use appropriate support structures: all signs and sign support structures, together with all of their braces, guys, and anchors, should be kept in good repair. The display surfaces and hardware of all signs should be properly painted, finished, or posted at all times. G. Use creative graphics and lettering: the creative use of depth, relief, shading, and other pleasing textural qualities is generally encouraged. The guidelines that apply to general sign colors likewise apply to graphics and lettering. H. Use inconspicuous lighting: 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. 11-5-3: DESIGN STANDARDS Any sign erected within the Town of Vail shall conform to the foilowing standards: A. Colors: fluorescent, Day-glo® and neon colors are prohibited. B. Reflective surfaces: sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. C. Lighting fixtures: lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. 14 Attractive support system Both of these signs portray the creative Aftractive visible light fixture D. Wind pressure and dead load requirements: any sign, as defined throughout this Title, shall be designed to withstand wind pressures and shall support dead loads as required at the time of construction in the most recent building code (IBC), as adopted by the Town of Vail and determined by the Chief Building Official E. Sign inspection: each sign for which a permit is required shall be subject to inspection by the Staff. F. Electrical wiring: electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Location: signs shall be constructed on private property outside of the Town right-of-way and shall not project onto the Town right-of-way except when permitted under a licensing agreement or a revocable right-of-way permit issued from the Town of Vail. H. Moving parts: signs that have, or appear to have, moving parts (aside from natural wind-induced movement) are prohibited. I. Sign maintenance: all signs shall be kept in good repair; this includes replace- ment of lighting, re-painting when appro- priate, and other actions that contribute to attractive signage. The glass surfaces on which window signs are affixed shall be well-maintained. 15 CHAPTER b BUSINESS & BUILDING IDENTIFICATION SIGNS SECTION: 1. Number, area, height, and special provisions of Business Signs in Sign 11-6-1: Purpose and Description District 1 (SD 1) 11-6-2: Sign Districts 11-6-3: Business Signs 11-6-4: Building Identification Signs a. Projecting/Hanging and Wall Signs 11-6-1: PURPOSE AND DESCRIPTION Business & Building Identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language perti- nent to the advertised enterprise. The follow- ing chapter covers all of the technical infor- mation related to Business and Building Identification Signs. All Business and Build- ing Identification Signs shall comply to the standards outlined in this chapter and shall be subject to design review. 11-6-2: SIGN DISTRICTS Sign District 1 (SD 1): All of Vail except for property zoned ABD and CC3 Sign .District 2 (SD 2): All property zoned ABD and CC3 (West Vail and Cascade Crossing) Sign District 3 (SD 3): West Vail Interchange (COOT right-of-way) 11-6-3:BUSINESS SIGNS Business Signs are those that display the name of the business and include any graph- ics or language that represent the business. ~' ?~ >~ i T' ~ _r~1' :~'~`~ ~~ .~~, - m ~,~ ,j~,~ ,. 4 .,. ;~ Jam,.' ~~. %~ ` ` ~~,,,.. ~~ ice' . ~~ ~K ~.~ )i ~t<~- ate`. Business Sign 16 _:------=:~= t _ ~1 ~ ~ ~ ~~ ~ ~ti< . _ ~'~.,, -;_.~e~as~~~a ~~ __ TOUCH - ,~ ~_, _, Attractive projecting/hanging sign: Number -one sign per,public entrance. Area -the allowable sign area of projecting/hanging and wall signs shall be up to six square feet. Hei ht -projecting/hanging signs shall have a minimum clearance of eight feet above pedestrian ways and a minimum clearance of 15 feet above vehicular ways. No part of any projecting/hanging or wall sign shall extend more than 25 feet above existing grade. Special provisions - an awning may substitute for one of the projecting/ hanging signs allowed a business, and is subject to the same requirements as all. other projecting/hanging sings in SD 1. The size of the signage conveyed on the awning will be calculated according to the total area of the text, as described in Figure 1. Figure 1 c. Sale Signs Attractive sale signage 18" x 6" area of thick rectangle (108") (.75 square feet) 12"x6" area of thin rectangle (72") (.5 square feet) 180" ,(1.25 square feet) b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards Menu box displaying daily restaurant specials Number -one dislay box or special board per business. Area - the combined area shall not exceed six square feet (6 sq. ft.). Height -the height of the highest part of the board or display box shall not extend more than six feet from existing grade. Special provisions -allowed at restaurant and real estate businesses only. Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -the area of the allowed sale sign shall not exceed 1.5 square feet. Height -the top of any sale sign shall not extend more than 10 feet above existing grade. Special provisions - if located outside, the sale sign shall be placed on a display rack only. Sale sign permits authorizing sale signs of up to seven square feet maybe obtained by completing an application from the Community Development Department. Sale sign permits authorize the use of larger sale signs between the dates of April 1 st and December 1 st for two periods of up to 15 days each. d. Window Signs 17 Attractive window signage (window signs, cont.) Number -not regulated as long as area requirements are met. Area -the combined area of all window signs shall not exceed 15% of total window .area. Height -the top of any window sign shall not extend more than 25 feet above existing grade. Special provisions -signs placed inside of a business, within three feet of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (for each public entrance). Height - the top of any business operation sign shall not exceed five feet from the floorplate of the business. Special provisions/purpose -business operation signs are intended to provide information such as affiliations, hours of operation, and accepted credit cards or forms of payment. f. Open/Closed signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (per public entrance). Height -the top of any open/closed sign shall not exceed five feet from the floorplate of the business. Special provisions- the one open/closed sign allowed per public entrance may be two-sided for convenience. The area shall be calculated according to one side only. g. Second-floor and below-grade spaces Second-floor businesses are subject to the same sign standards, zoning regulations, and property owner approval as all other business signs within Sign District 1. Businesses that are below-grade or are without a frontage shall be allowed one sign with a maximum of four square feet (4 sq. ft. ). 18 A discreet, two-sided open/closed sign Business operation sign including hours of operation and accepted forms of payment 2. Number, area, height, and special provisions of Business Signs in Sign District 2 (SD 2) a. Wall and Projecting/Hanging Signs Number - one per business frontage on a major pedestrian or vehicular way with a maximum of three per business. Area -the allowable sign area of projecting/hanging and wall signs shall be based on total lineal frontage as described in Section 11-6-3-3. Height -projecting/hanging signs shall have a minimum clearance of eight feet above pedestrian ways and a minimum clearance of 15 feet above vehicular ways. No part of a projecting/hanging or wall sign shall extend over 25 feet above existing grade. Special provisions - an awning may substitute for one of the three projecting/ hanging and wall signs allowed a business and shall be measured according to the total text area on the awning (as in Figure 2). Figure 2 18" x 6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards) Number -one display box or special board per business. Area - the combined area may not exceed six square feet (6 sq. ft. ). Hei ht -the height of the highest part of the board or display box shall not extend more than six feet from existing grade. Special provisions -allowed at restaurant and real estate businesses only. c. Sale Signs Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -shall not exceed 1:5 square feet. Height -the top of any sale sign shall not extend more than 25 feet above existing grade. Special provisions - if located outside, shall be placed on a display rack only. d. Window Signs Number- not regulated as long as area requirements are met. Area -shall not exceed 15% of total window area. Height -the top of any window sign shall not extend more than 25 feet above existing grade. Special provisions -Signs placed inside of a business, within three feet of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per public entrance of a business. Area -two square feet of window signage only. Height - the top of any business operation sign may not exceed five feet from the floorplate of the business. Special provisions - a business operation sign may include affiliations, hours of operation, and credit cards accepted. 19 f. Open/Closed signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (per public entrance). Height -the top of any open/closed sign shall not exceed five feet from the floorplate of the business. Special provisions- the one open/closed sign allowed per public entrance may be two-sided for convenience. The area shall be calculated according to one side only. 3. Allowable Sign area for Business Signs within Sign District 2 (SD 2) The allowable sign area of any Business Sign in Sign District 2 shall be based upon the length of the linear frontage(s) of the space occupied by the business, as detailed in the table below; please note that "total sign area" includes the combined sign area of the total number of business signs (projecting/hanging and wall signs) of any one business. The total number does not include sale signs, open/closed signs, window signs, menu boxes, or business operation signs. Business Fronfage Total Sign Area 0' -12.99' 10 sq. ft. 13' - 24.99' 14 sq. ft. 25' - 49.99' 20 sq. ft. 50' - 74.99' 40 sq. ft. 75' - 99.99' 50 sq. ft. 100' - 149.99' 60 sq. ft. 150' - 199.99' 70 sq. ft. 200' + 80 sq. ft. Business Sign area in Sign District 2 shall be calculated by adding the combined area of two imaginary rectangles placed over the form of the text only, as depicted in Figure 3. Curvilinear, circular, organic, and other unique shapes are encouraged and the text shall be measured in the same manner, as shown. Figure 3 ;~_ ~' -~' ^~~,'~ 1 ~~ ,,-. ~ 6' _~ 1 ~„ ; ® ,~~ ~;~ - o~ ~, ' 18" x 6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) 4. Measuring business frontage for Business Signs within Sign District 2 (SD 2) Figure 4 illustrates how to measure the frontage of a business. Note: In order to be considered a frontage, that side of a building or business shall have a major public entrance that opens onto a major vehicular or pedestrian way. 20 Figure 4 contains three separate businesses, each sharing portions of a frontage with one or more other businesses. Business A has one frontage upon which signs may be placed, frontage A, which is defined as a frontage .because it parallels a major pedestrian/ vehicular way and contains a public entrance. Business B also has only one frontage (B) upon which a sign may be placed. Though the other side of the business parallels a major pedestrian/vehicular way, only the side with an entrance may be considered a frontage. Business C has one frontage (C) upon which a sign may be placed. All three businesses share portions of frontage D, which parallels a major pedestrian/vehicular way. Lengths A, B, and C each contain an entrance, which qualifies them as frontages. Figure 4 5. Business Signs within Sign District 3 (SD 3) All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and are not regulated by the requirements set forth in Chapter 6 of this Title. Second-floor and below-grade spaces Second-floor businesses shall be subject to the same lineal sign regulations, frontage standards, zoning regulations, and property owner approval as all other signs within Sign District 2. Businesses that are below-grade or are without a frontage shall be allowed one sign with a maximum of four square feet (4 sq. ft.). 21 11-6-4:BUILDING IDENTIFICATION SIGNS Description; A Building Sign indicates the name of a building, which, in some cases, (such as a hotel or lodge) may be the same as the primary business and building owner. All Building Signs shall comply with the regulations listed herein and shall also be subject to review by the Design Review Board, which reviews signage based on the criteria in Chapter 5 of this Title. The total area allowed for Building Identification signage includes the total text and graphics of the total number of its building signs (see Figure 4) and varies with each building frontage (see following tables). 1. Allowable Building Identification Sign area in Sign District 1 (SD 1) The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building Identification Signs, unlike Business Signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' - 149.99' 50sq ft 150' - 199.99' 50sq ft 200'+ 60sq ft 2. Allowable Building Identification Sign area in Sign District 2 (SD 2) The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building Identification signs, unlike Business Signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' -149.99' 50sq ft 150' - 199.99' 50sq ft 200' - 249.99' 60sq ft 250' - 299.99' 60sq ft 300' - 399.99' 70sq ft 400+ 80sq ft 22 A Building Identification Sign using text only 3. Types of Building Identification Signs in Sign Districts 1 and 2 a. Freestanding Signs Number -one freestanding sign per building frontage on a major pedestrian or vehicular way. Area -freestanding Building Identification Signs shall be subject to the total sign area requirements of the Building Frontage charts listed previously. Height - no part of a freestanding Building Identification Sign shall be higher than eight feet above existing grade. Special provisions - if using two signs, no more than one sign may be a freestanding sign. Free-standing signs shall be placed on two separate building facades facing pedes- trian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestand- ing signs allowed (1). b. Wall-mounted Signs ;~~0. r ~..g~tl~Gre 'T ~,~, Jr~7 I .~~~y 'ry :,,. ~~.. ~ ~ 3i.4. i. ~ f' ~ ~ ~ 4 [g J~ l l~. ~ ~ 5.: "1j1~~ -wi. .w#w ~.`SW ~ n y~~ja r ~f~D~y~ ~. ~ Ib V~ i n s 3 `~ ~ ~ ~ t~` Wall mounted building identification sign Number -one sign per building frontage on a major pedestrian or vehicular way. A maximum of two signs (wall or free- standing) shall be allowed if a building has two frontages as defined. in these regulations. Area -wall-mounted Building Identifica- tion signs shall be subject to the total sign area requirements of the Building Frontage charts listed previously. Height - no part of awall-mounted building identification sign shall be higher than 25 feet above existing grade. Special provisions - if using two signs, signs shall be placed on two separate frontages: subject to design review. 23 Free-standing Building Identification Sign c. Joint Directory Signs Number-one joint directory sign per building unless the building has more than one frontage (see Chapter 2, Definitions) with a combined linear frontage that ex- ceeds 150 feet, in which case that building shall be entitled to two joint directory signs. No Building Identification Sign shall be allowed for the side of a building that houses a joint directory sign. Area -each joint directory sign shall contain one square foot per business tenant in a building, and up to three square feet for the name of the building, placed atop the joint directory sign. Height - no part of a joint directory sign shall be higher than eight feet above existing grade. Special Provisions - a joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of free- standing signs allowed (1). All joint directory signs shall be kept current according to business turnover. 4. Types of Building Identification signs within Sign District 3 (SD 3) All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and shall not be regulated by the requirements set forth in Chapter 6 of this Title.. 24 Joint Directory Building Identification Sign CHAPTER 7 OTHER SIGNS 11-7-1: Flags, Pennants, Banners, and Bunting 11-7-2: Private No-Parking Signs 11-7-3: Public Information Signs 11-7-4: Residential Nameplate Signs 11-7-5:Subdivision Entrance Signs 11-7-6:Temporary Site-Development Signs 11-7-7:Traffic-Control Signs for Private Property 11-7-8: Entertainment Signs 11-7-9: Garage and Yard Sale Signs 11-7-10: Open House Signs 11-7-11: Balloons 11-7-12: Vehicu{ar Signs a. Granting of a special events permit that involves signage shall be preceded by staff review. b. Removal: in the event that pennants, banners, or bunting are not removed by the owner on the date specified on the sign application, written notice will be sent by certified mail to the owner and the item(s) will be removed by the Town of Vail at the owner's expense. 11-7-1: FLAGS, PENNANTS, BANNERS, AND BUNTING Description: flags, pennants, banners, and bunting shall be subject to design review and placed appropriately within the Town in order to add color and vitality to the Town of Vail. Clearance: flags, pennants, banners, and bunting shall have a minimum clearance of eight feet when projecting over public walkways and a minimum clearance of 15 feet when projecting over vehicular streets. 2. Special Events: banners, pennants, bunting, or decorations of a temporary nature used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this Title and shall instead be subject to the requirements associated with acquiring a special events permit from the Town of Vail. 3. Pennants, banners, and bunting that are not associated with community events or activities but are for the purpose of advertising a business or product only are not allowed. 11-7-2: PRIVATE NO-PARKING SIGNS Size: Private No-Parking signs shall not exceed two square feet in size and shall have a brown background with white lettering that shall read as follows: PRIVATE PARKING UNAUTHORIZED VEHICLES WILL BE TOWED BY OWNER 11-7-3: PUBLIC INFORMATION SIGNS Description: all public information signs shall be subject to design review and include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. All display boards and kiosks shall be constructed, erected, and maintained by the Town of Vail or with the permission thereof. 25 11-7-4: RESIDENTIAL NAMEPLATE SIGNS .Description: a residential nameplate sign identifies a house by displaying the family name and/or the home name and the address. 1. Size: size shall not exceed one- 11-7-5: SUBDIVISION ENTRANCE SIGNS Description: a subdivision entrance sign identifies the entrance to a major subdivision, condominium complex, or group of apartment buildings that have at least 100 linear feet of frontage along a vehicular pedestrian-way. half square foot per single family 1. Size: combined size of all faces or duplex structure or one-half of amulti-sided sign may not square foot for each multi-family exceed 20 square feet. unit. 2. Height: no part of the sign shall 2. Height: no part of the sign shall extend more than eight feet from extend above eight feet from existing grade. existing grade. 3. Number: limited to a maximum 3. Number: one sign for each of one sign per major entry dwelling unit. providing access to a subdivision. Final decision as to 4. Location: subject to design the determination of a major review. entry shall be at the discretion of the Staff, subject to design 5. Design: wall-mounted or review. projecting/hanging, subject to design review. A freestanding 4. Design: subject to design sign may be used for a single- review. family or duplex dwelling structure. 5. Lighting: indirect orpan- channeled. 6. Lighting: indirect. 6. Landscaping: subject to design 7. Landscaping: subject to design review review. 11-7-6: TEMPORARY SITE- 8. Special Provisions: DEVELOPMENT SIGNS nameplate signs in HDMF, Description: a Temporary Site- LDMF, MDMF zones shall be Development Sign includes any sign restricted to one wall-mounted that indicates or identifies development sign per living unit in structures of real property under construction. having two or more living units. Further, such structures may 1. Size: any site development sign have one exterior wall-mounted shall not exceed 20 square feet, nameplate directory, provided with a horizontal dimension no that the individual nameplates of greater than 10 feet. the directory are of a standard design and size. All joint 2. Height: the top of a sign shall be directory nameplate signs shall no higher than eight feet from be kept current. grade. 26 3. Number: one sign per site. 4. Location: awall-mounted. sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrian-way which the building abuts and shall be subject to design review. 5. Design: subject to design review. 6. Lighting: not permitted. 7. Special Provisions: Temporary Site-Development Signs shall be removed within 10 days of the issuance of a temporary certificate of occupancy. 11-7-7: TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY Description: a Traffic Control Sign shall be placed in order to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property. Size: all vehicular traffic-control signs shall not exceed one square foot except for multi- purpose signs which shall not exceed four square feet and except for private parking signs which shall not exceed two square feet. All pedestrian traffic-control signs shall not exceed one square foot, except multi-purpose signs, which shall not exceed four square feet, subject to design review. 2. Height: no part of the sign shall extend above six feet from existing grade. 3. Number: subject to design review. 4. Location: location shall be subject to design review, with approval from the Town Engineer for any sign placed adjacent to a public street or way. 5. Design: subject to design review. 6. Lighting: subject to design review. 7. Landscaping: subject to design review. 8. Special provisions: a. may be either freestanding or wall-mounted, with same size requirements. b. No individual sign will be approved unless it conforms to an overall sign program for the entire site, submitted by the applicant. c. No sign shall contain any advertising, but may identify the owner by name. 11-7-8: ENTERTAINMENT SIGNS Theatres and movie/media rental business will be allowed three poster images in the front window at any one time. 11-7-9: GARAGE AND YARD SALE SIGNS Garage Sale and Yard Sale Signs temporarily erected on residential property are subject to the following: a. Type: Garage and Yard Sale Signs may be freestanding or wall signs. b. Quantity: there shall be a maximum of one (1) sign upon the advertised property and one 27 directional sign off-site. c. Area: the maximum area of any single sign shall not exceed one and one-half (1'/2) square feet. d. Height: the height of the sign shall not exceed five feet from the grade at the base of the sign. e. The sign shall only be displayed during the period of time that the garage or yard sale is in progress. 11-7-10: OPEN HOUSE SIGNS Open House Signs advertising an open house or a showing of the property upon which the sign is located will be subject to the following: a. Type: the sign may be freestanding or a wall sign. b. Quantity: there shall be a maximum of one sign on the property where the open house is being conducted and one directional sign off-site. c. Area: the maximum sign area of any single sign shall not exceed one and one-half (1'/2 ) square feet. d. Height: the height of the sign shall not exceed five feet as measured from the grade at the base of the sign. e. The temporary sign shall be displayed only during the open house presentation or three days, whichever period of time is shorter. 11-7-11: BALLOONS All balloons, regardless of their size, shall be subject to a special events permit. 11-7-12: VEHICULAR SIGNAGE Any vehicles displaying the name of the business associated with said vehicle shall be used on a regular basis for service and delivery or other vehicular needs related to that business activity. Vehicular signs shall not be used for the sole purpose of advertising a business, as determined by the Administrator. 28 CHAPTER8 SIGN PROGRAMS SECTION: 11-8-1: Sign Program Description 11-8-2: Criteria 11-8-3: Sign Program Review 11-8-1: DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new ordemolished/rebuilt multi- family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the Staff. Existing multi-tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in Chapter 4, Sign Application Procedures of this Title. 29 CHAPTERS EXEMPT, PROHIBITED, AND NON-CONFORMING SIGNS SECTION: 11-9-1: Exempt Signs 11-9-2: Prohibited Signs 11-9-3: Nonconforming Signs 11-9-1: EXEMPT SIGNS The following signs are exempt from the requirements of this code, but remain subject to the Design Standards and Guidelines listed in Section 11-5-1 and the maintenance requirements listed in Section 11-11-3 of this Title: Memorial signs or tablets; 2. Notices .posted by governmental officers in the performance of their official duties; 3. Government signs, including directional signs, to control traffic or for other regulatory purposes; 4. Works of "fine art", including murals, which do not advertise a product or business and which have been approved by the Town of Vail's Art in Public Places Board (AIPP); 8. The inscription of names (or dates) of buildings, when etched into masonry in one location on any business or premise, and in conformity with Chapter 6, Business and Building Identification Signs. Each letter of an inscription may not exceed two inches (2") in height and the total engraved area may not occupy more than three square feet of the surface of the building;. 9. Signs in the I-70 right-of-way, which are regulated by the Colorado Department of Transportation (CDOT); and 10. All political signs, as defined in Chapter 2 of this Title. 11-9-2: PROHIBITED SIGNS The following signs are prohibited within the Town of Vail: 5. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday: however, such holiday decorations shall be removed once their condition has deteriorated such that they are no longer attractive; 6. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; 7. Signage and decorations related and subject to a Special Event permit through the Town of Vail; Animated signs that incorporate the use of movement through revolving, rotating, or otherwise moving parts; 2. Signs with the illusion of movement or changeable copy; 3. Signs (or the illumination thereof), that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; 4. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals; 30 5. Any sign advertising a business or service having been vacated for 90 or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; 6. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; 7. Any gas-filled, illuminated or fiber optic sign that is visible from any part of any pedestrian or vehicle passageway or walkway; 8. Any sign or structure that obstructs ingress to or egress from a required exit way, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; 9. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; 10. Any off-premises sign that is not otherwise regulated by this Title; and 11. All billboards. 11-9-3: NONCONFORMING SIGNS DEFINITION: Any sign erected prior to the enactment of this Title, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as non-conforming. 2. ADMINISTRATIVE PROCEDURE Within one year after the effective date of this Title or the effective date of the annexation to the Town of any area, the Staff shall compile a list of the existing non-conforming signs. The enforcement and appeals procedure regarding a non- conforming sign is listed in Chapter 11, Violations and Enforcement, of this Title. 3. CONTINUATION OF A NON- CONFORMING SIGN Any sign which has been determined to be non-conforming may continue in use and operation as a non- conforming sign. 31 CHAPTER 10 VARIANCES AND APPEALS 11-10-1: Variances 11-10-2: Appeal of a Variance 11-10-1: VARIANCES A. Purpose A variance from the Sign Regulations constitutes relief from the strict interpretation of the standards and may be granted by the Planning and Environmental Commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of Title 11. B. Application Procedure An application for a variance from the Sign Regulations may be obtained from the Community Development Department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the Town Council as set forth by town ordinances. The Staff shall set a date for a hearing before the Planning and Environmental Commission once the complete application has been received. C. Criteria for Approval 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the. purposes of this Title. 11-10-2: APPEAL OF A VARIANCE An appeal to the Town Council of a Planning and Environmental Commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (Section 12-3-3 of Title 12, Zoning Regulations, Vail Town Code). 32 CHAPTER 11 VIOLATIONS AND ENFORCEMENT SECTION: 11-11-1: Violations 11-11-2: Procedure and Enforcement 11-11-3: Sign Maintenance and Repair Enforcement 11-11-1: VIOLATIONS 1. General Violations: Any sign that is deemed by the Administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this Title, is in violation of this Title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the Administrator, is in violation of this Chapter and shall also be subject to the Procedure listed in Section 11- 11-2 of this Title. 2. Sign Violations on Public Property It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right-of-way or on any property belonging to the Town of Vail without the express permission of the Town. The Administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of the Vail Town Code and be subject to the provisions of the Penalty and Costs Sections (11-11- 2) of this Title. 11-11-2: PROCEDURE AND ENFORCEMENT Notice of Violation The Administrator shall .give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premise at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. The written notice shall include the reason for violation, the time frame in which the sign in violation must come into compliance, the possible costs associated with the sign repair or removal, and the procedure for compliance that applies to the sign in violation. In addition to physical delivery via the Administrator, the written notice shall also be mailed via certified mail to the business or owner at the address noted on the business license for that business or premise. 33 2. Penalty The business, building or premise at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to a minimum fine of $75.00 for each calendar day after written notice is received that-such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this Title may not restrain imposition of these penalties. 3. Failure To Comply and Town Abatement If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this Title within the time frame specified in the notice, the Administrator shall cause a sign in violation of the provisions of this Title to be altered or removed at the. expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the Director of Finance of the Town of Vail. 4. Costs The amount certified by the Director of Finance to the County Treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT All signs in the Town shall be properly maintained (as defined in Section 11-2-1) at all times to the satisfaction of the Administrator or they will be repaired or removed (as defined in Section 11-2-1) by the Administrator. 2. The Administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign 1) has been found to constitute a violation of this Title; 2) is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3) has been damaged beyond fifty percent of its total area and deemed poorly-maintained by the Administrator. The procedure for .removal of a sign in violation is detailed in Section 11-11-2-3 of this Title. The Administrator's decision shall be subject to review by the Planning and Environmental Commission in accordance with the provisions of the Zoning Ordinance (Section 12-3-3-B of this Code) and may be appealed by any "aggrieved or adversely affected person" (as defined in 12-3-3-B-2 of this Code). 34 -. ` a ~_ ~~;_ . ~; TOWN OF VAIL ~~ ~~ °~~ "~~~~:~~; '-~ TITLE 11: SIGN REGULATIONS TITLE 11 SIGN REGULATIONS Subject Page Description, Purpose, and Applicability ....................................................................2 Definitions ......................................................................................................... 3 Administration ....................................................................................................9 Sign Application Procedures ................................................................................11 Design Guidelines and Standards .........................................................................13 Business and Building Identification Signs ...............................................................16 Other Signs ......................................................................................................25 Sign Programs ...................................................................................................29 Exempt, Prohibited, and Non-Conforming Signs .............................. .......................30 Variances and Appeals .......................................................................................32 Violations and Enforcement ..................................................................................33 CHAPTER 1 DESCRIPTION, PURPOSE, AND APPLICABILITY SECTION: environment that is aided by signs that identify, direct, and 11-1-1: Description inform. 11-1-2: Purpose 11-1-3: Applicability 4. To aid in providing for the growth of an orderly, safe, 11-1-1: DESCRIPTION beautiful, and viable community. This Title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as Title 11 of the Vail Town Code. 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 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. 11-1-3: APPLICABILITY Except as provided elsewhere in this Title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this Title. All signs in the Town of Vail are subject to the Design Guidelines and Standards (Section 11-5-1) and .review by the Design Review Board (DRB). 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 environment. 3. To preserve a successful and high-quality business 2 CHAPTER 2 DEFINITIONS SECTION: 11-2-1: DEFINITIONS ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. Sign area does not include support brackets, support posts, or the use of rock, stone, wood, meta, or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. ADMINISTRATOR A member or members of the Town of Vail Staff appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 71: Sign Regulations. AGGRIEVED PERSON Any person as defined in Section 12-3- 3-6-2 the Town of Vail Zoning Regulations. ANIMATED SIGN Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation: prohibited in the Town of Vail. ARCHITECTURAL PROJECTION Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and the like, but not including signs. AREA, SIGN (SD 1) For Business Signs: the entire size of the surface to which graphic elements such as lettering, symbols, diagrams, or similar representations are applied. For Building Identification Signs: the entire size of the surface described by the smallest polygon that can surround the letters and graphics that comprise the sign. AREA, SIGN (SD 2) For Business and Building Identification Signs: the entire size of the surface described by the smallest polygon that can surround the letters and graphics that comprise the sign. Sign area does not include support brackets, support posts, or the use of rock, .stone, wood, metal, or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. AWNING For the purposes of this Title, the roof- like cover that is temporary in nature and projects from the exterior of a building, typically over windows, walkways, doorways, or outdoor eating areas. BANNER, PENNANT, or BUNTING Any temporary decorative cloth or material affixed to poles, wires, or ropes, that is related to the announcement or promotion of community events or activities or to the decoration of the Town for special holidays. BILLBOARD A permanent outdoor advertising sign that advertises goods, products, or services that are not related to the premises on which the sign is located: prohibited in the Town of Vail 3 BUSINESS OPERATION SIGN A sign that conveys information about a business; this may include the hours of operation and the listings of accepted credit cards, organizational affiliations or slogans, and notable awards. BUSINESS SIGN Any sign that displays the name of the business upon which site it is located including any graphics and language that represent the business. BUILDING IDENTIFICATION SIGN Any sign that displays the name of the building upon which site it is located including any graphics and language that represent the building. CHANGEABLE COPY A manually operated sign that displays graphical or word content that can be easily changed or altered: prohibited in the Town of Vail. CLEARANCE The vertical distance from existing grade to the lowest-hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN (see Temporary Site Development Sign) DESIGN Including but not limited to the shape, dimensions, color, symbols, letters, material, and luminosity that comprise a sign. DIRECTIONAL SIGN A sign that serves to direct pedestrian or vehicular traffic. DISPLAY BOARD (see Menu Box) ELECTRONIC DISPLAY TERMINAL Any monitor or electronic device used to provide public information or to ,promote a special event: allowed for Town of Vail public information purposes only. ERECT To build, construct, attach, hang, place, mount, suspend, or affix a sign: this also includes the painting of wall signs, murals or supergraphics. EVENT, SPECIAL A public event that is of interest to the community as a whole and has been approved and given a permit by the Town Manager, excluding the promotion of any product, political candidate, religious leader, or commercial goods or services, except in relation to the permitted event. FIBER OPTIC SIGN A sign of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower .index of refraction that transmits light throughout its length through internal reflections: prohibited in the Town of Vail. FINE ART Sculpture, fountains, or similar objects possessing form and beauty, including paintings or drawings. FLAG Any city, county, state, national, organizational, or institutional symbol or insignia applied to a piece of fabric. FLASHING SIGN Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever: prohibited in the Town of Vail. FREESTANDING SIGN A single or multi-faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. FRONTAGE, BUILDING The horizontal, lineal dimension of any side of a building that has a usable 4 public entrance upon a major vehicular or pedestrian way or other circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own business frontage. FRONTAGE, BUSINESS The horizontal, lineal dimension of any side of a business that has a usable public entrance upon a major vehicular or pedestrian way or other circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own business frontage. GRADE, EXISTING The existing level of a property after any development or construction activity and prior to the erection of a sign. HANGING SIGN (see Projecting/Hanging Sign) HEIGHT For the purposes of this Title, the height above grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, INDIRECT A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source shall not be visible to the viewer. ILLUMINATION, INTERNAL Illumination by means of a light source that is within a sign that has a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are made of a translucent material: prohibited in the Town of Vail, excluding signs used by the Town of Vail for public information purposes. ILLUMINATION, NEON A light source in which a colorless, odorless, inert gaseous element known as neon is found: prohibited in the Town of Vail ILLUMINATION, PAN-CHANNELED An indirect, concealed light source which is recessed into any element of a sign and is attached directly to the face of the sign: each element to be lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements but through the front face only. ILLUMINATION, RECESSED A source of light that is directed upon a sign and placed inside of an architectural element, such as an eaves a preferred type of sign lighting within the Town of Vail INSCRIPTION, MASONRY The name and/or date of a building etched into masonry. JOINT DIRECTORY SIGN A type of Building Identification and Business Sign that displays the name of a building, complex, or center and the names and addresses of two or more businesses within. KIOSK A small structure, typically located within a pedestrian walkway or similar circulation area that is used as a display space for posters, notices, exhibits, and 5 similar displays: for public information use by the Town of Vail. MAINTENANCE, SIGN The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. MENU BOX (also known as a display board or display box) A freestanding or wall sign enclosed in .glass for the express purpose of displaying menus, entertainment options, real-estate listings, or items related to the advertised business. MURAL A work of art or a painting that is applied to and made an integral part of an exterior wall and which shall receive approval either by the Town of Vail's Art in Public Places or Design Review Board prior to application. A mural shall be considered a wall sign, and regulated as such, if it contains words, logos, trademarks, or graphic representations of any person, product or service that identifies or advertises a business. Signatures shall be allowed but limited to a maximum of two square feet in size. NON-CONFORMING SIGN (may also be known as a legally non-conforming sign) Any advertising structure or sign that was lawfully erected and maintained prior to the enactment of this Title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this Title. OFF-PREMISES SIGN Any sign that relates to or advertises products, services, or uses, or directs persons to a different premise than that upon which the sign is located. OPEN/CLOSED SIGN A type of window sign that may be two- sided and displays the words "open" or "closed" on one or both sides of the sign. OPEN HOUSE SIGN A temporary sign advertising areal- estate showing. PERSON For the purposes of this Title, any individual, firm, partnership, association, corporation, company, or organization of any kind. POLITICAL SIGN A temporary sign that announces, promotes, or draws attention to any candidate(s) seeking public office in an election; also any sign announcing political issues. PORTABLE SIGN A sign that is not attached to the ground, a building, or a structure: this does not include avehicle-mounted sign as defined in this Title. PREMISE Land and the buildings that are owned or rented thereupon. PROJECTING SIGN A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE An entrance to a building or business that is customarily used. or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. PUBLIC INFORMATION SIGN An informational sign that relays directions to the public regarding 6 resources, restrooms, or any other similar public amenity. QUANTITY The number of signs allowed a business or building. REFLECTIVE SURFACE Any material or device that has the effect of intensifying reflected light, such as Scotchlite®, Day-glo®, glass and luminous paint: when pertaining to signage, prohibited in the Town of Vail. RESIDENTIAL NAMEPLATE SIGN A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, and/or the house name or address, that shall not contain advertising of any kind. SIGN A surface or space as identified in these guidelines, whether continuous or not, that identifies a business, building, or any related products and services by means of letters, numbers, figures, or other symbols, devices, or representations. SIGN DISTRICT Any one of three areas designated by the Town of Vail in Title 11: Sign Regulations, each of which is subject to different standards. SIGN POSTS AND POLES Any vertical upright(s) that support a freestanding sign, that are not attached to or braced by any other structure. SIGN PROGRAM A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE The supports, uprights, braces, hanging devices, and framework of a sign. SITE The property that provides a location for and justifies the area of a sign. SIZE (see Area, Sign) STAFF A member or members of the Town of Vail Community Development Department, appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 11: Sign Regulations. STAINED GLASS Multi-colored pieces of translucent material held together by foil or lead canes with various joints soldered together. SUBDIVISION ENTRANCE SIGN A sign that identifies a subdivision or condominium complex or group of apartment buildings having at least one hundred lineal feet of frontage along a vehicular or pedestrian way. TEMPORARY SIGN A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. TEMPORARY SITE-DEVELOPMENT SIGN A sign permitted to identify a project under construction and the associated hazardous conditions that may include the project name and address; a temporary site-development sign may not include the name of the general contractor, architect, real estate agent, or other persons inherently associated with the development. TRAFFIC-CONTROL SIGN (for private property) A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. VEHICLE SIGN Any temporary sign, logo, or advertisement that is placed, painted, attached, or displayed on a vehicle. WALL SIGN A sign that is attached to, painted onto,. or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to-the face of the wall. WINDOW SIGN A sign installed upon or within three feet of a window, that is visible from the nearest pedestrian or vehicular way and is used for the purpose of display or advertising: this term does not include merchandise displays. YARD SALE SIGN (also known as a garage sale sign) A temporary sign that announces a garage sale, open house, or similar event. ZONE A zoning district as described in Title 12, Zoning Regulations, Vail Town Code (e.g., ABD or CC3). A "zone" is not the equivalent of a sign "district'; as described in this Title. 8 CHAPTER 3 ADMINISTRATION SECTION: 11-3-1: Administration 11-3-2: Liability 11-3-1: ADMINISTRATION A. ADMINISTRATOR 1. Appointment The Town Manager shall appoint an Administrator, who shall administer and enforce this Title. This position may be combined with another position in the Town of Vail. 2. Responsibilities The Administrator/Staff shall be responsible for the duties prescribed in this Title, which entail the enforcement of the sign regulations. 3. Enforcement The Administrator/Staff may serve notice of violation and carry out removal of any sign in violation of this Title. The Administrator/Staff may call upon the Town Attorney to institute necessary legal .proceedings and the Chief of Police and/or authorized agents to assist in the enforcement of this Title. B. DESIGN REVIEW BOARD 1. Appointment The Design Review Board shall be appointed according to Title 4, Chapter 3 of the Vail Town Code. 2. Responsibilities The Design Review Board shall be responsible for the duties prescribed in this Title, which entail the review of sign applications. 9 C. AMENDMENTS The regulations prescribed in this Title may be amended or repealed according to Section 12-3-7, Amendment, of the Vail Town Code. 11-3-2: LIABILITY The provisions of this Title shall not limit the liability of any person who erects or owns any sign from .personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Title. The provisions of this Title shall not impose upon the Town of Vail, its officers, employees, or the Design Review Board, any responsibility or liability by reason of the approval of any sign. 10 CHAPTER 4 SIGN APPLICATION PROCEDURES SECTION: 11-4-1: Submittal Requirements 11-4-2: Sign Application Review 11-4-1: SUBMITTAL REQUIREMENTS 1. Staff Review: The Community Any sign erected within the Town of Vail Development Department of the shall be regulated by this Title and is subject Town of Vail shall accept for review to design review by the Staff and/or Design the properly completed sign Review Board of the Town of Vail. The application. following application requirements must be met for any sign that is to be erected within a. If the Staff determines that the the Town of Vail. sign application unquestionably meets the standards of this Title, A. SIGN APPLICATION: including the Design Guidelines A sign application for the erection of and Standards as they are an individual sign consists of an stated in Chapter 5 and the "Application for Design Review" technical requirements as they which must be obtained from the are stated in Chapter 6, Staff Town of Vail's Community shall then approve the Development Department, properly application. All applications completed per the instructions, and approved by the Staff shall be returned with the appropriate listed on the next publicly-.posted materials to the Staff in order to agenda of the Design Review begin the two-phase review process Board. listed in Section 11-4-2 of this Chapter. b. If the Staff determines that the sign application meets the B. APPLICATION FEE: standards of this Title, but does A reasonable application filing fee not unquestionably meet the shall be set by the Vail Town Council Design Guidelines and to include the cost of the Town of Standards as they are stated in Vail administration time and other Chapter 5 and the technical expenses involved in the review of requirements as they are stated the application. The fee shall be in Chapter 6, Staff will schedule paid at the time that the application the application for review by the is submitted and shall not be Design Review Board at their refundable. next hearing, held the first and third Wednesdays of each 11-4-2: SIGN APPLICATION REVIEW month. A. CRITERIA FOR DECISION: c. If the Staff determines that the Each sign application is subject to sign application does not meet the following two levels of review: the standards outlined in this Staff review and Design Review Title, including the Design Board (DRB) review. Guidelines and Standards as they are stated in Chapter 5 and 11 the technical requirements of this Title as they are stated in Chapter 6, Staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this Title, the applicant will be notified of the denial in writing and may submit a new application to the Staff, file an appeal of the Staff decision to the Design Review Board, or file an application for a variance in accordance with Chapter 10 of this Title, Variances and Appeals. 2. Design Review Board review: The Design Review .Board will review all sign applications scheduled on their agenda by Staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the Design Guidelines and Standards as listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title. a. Upon determination of compliance with the Design Guidelines and Standards listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title, the Design Review Board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. b. Upon Design Review Board denial of the application based on the Design Guidelines and Standards listed in Chapter 5 and/or the technical requirements listed in Chapter 6 of this Title, the applicant will be notified in writing of the reasons for denial and may submit a new application to Staff according to the recommendations -from the Design Review Board. The applicant may file an appeal to the Town Council if he/she chooses not to submit a new application to Staff (see chapter 10 of this Title, Variances and Appeals). 12 CHAPTER 5 DESIGN GUIDELINES AND STANDARDS SECTION: 11-5-1: Purpose 11-5-2: Design Guidelines 11-5-3: Design Standards 11-5-1: PURPOSE The Design Guidelines and Standards 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. The guidelines and standards are intended to encourage expression and creativity. 11-5-2: DESIGN GUIDELINES Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present within the Town: sign location, configuration, design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town. B. Be compatible with the size of surrounding structures: signs should not visually dominate the structure or business to which they belong. The Staff will review all proposed signs in the context of adjacent signage to verify that the sign is appropriately-sized. ~• +Y f. r ~ "f ~ 4'R+. ~~` ~' ~. ~.. ,~ ~i k ~l ~ .~ ~k :H. ~" m r~r'! ~ ~ ~ .~"'{ ~~ ~ ~ . ' ~ t sv ~ ~ ~ } ~F _..~„~,. Appropriate sign size C. Be composed of predominately natural materials which may include, but are not limited to: painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; non-reflective glass and stained glass; other naturally-textured building materials. Plastic and other synthetic materials that are not naturally-textured, such as sign foam, vinyl or Plexiglass® are discouraged. T~_ _ _~--~`, ~:~.,: 'L'aC~~na ».,a;,».rt~,r~.~YSw ~, Attractive wooden sign D. Use natural colors: earth tones: full spectrum of soil, clay, and metallic colors; neutrals: off-whites to deep browns and blacks; Bright colors should be used only as accents. E. Be surrounded by landscaping: landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). ~.• ~ ~ #5~ r' ~=>4 ~~. ~,,~~, 'i c~ ~ . .~ ~~,;~~ t. yr l .Sr l ~ ~~~ il T ~ ,~^' .air Natural landscaping 13 F. Use appropriate support structures: all signs and sign support structures, together with all of their braces, guys, and anchors, should be kept in good repair. The display surfaces and hardware of all signs should be properly painted, finished, or posted at all times. G. Use creative graphics and lettering: the creative use of depth, relief, shading, and other pleasing textural qualities is generally encouraged. The guidelines that apply to general sign colors likewise apply to graphics and lettering. H. Use inconspicuous lighting: 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. 11-5-3: DESIGN STANDARDS Any sign erected within the Town of Vail shall conform to the following standards: A. Colors: fluorescent, Day-glo® and neon colors are prohibited. B. Reflective surfaces: sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. C. Lighting fixtures: lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. 14 Attractive support system Both of these signs portray the creative Attractive visible light fixture D. Wind pressure and dead load requirements: any sign, as defined throughout this Title, shall be designed to withstand wind pressures and shall support dead loads as required at the time of construction in the most recent building code (IBC), as adopted by the Town of Vail and determined by the Chief Building Official. E. Sign inspection: each sign for which a permit is required shall be subject to inspection by the Staff. F. Electrical wiring: electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Location: signs shall be constructed on private property outside of the Town right-of-way and shall not project onto the Town right-of-way except when permitted under a licensing agreement or a revocable right-of-way permit issued from the Town of Vail. H. Moving parts: signs that have, or appear to have, moving parts (aside from natural wind-induced movement) are prohibited. I. Sign maintenance: all signs shall be kept in good repair; this includes replace- ment of lighting, re-painting when appro- priate, and other actions that contribute to attractive signage. The glass surfaces on which window signs are affixed shall be well-maintained. 15 CHAPTER 6 BUSINESS & BUILDING IDENTIFICATION SIGNS SECTION: 1. Number, area, height, and special provisions of Business Signs in Sign 11-6-1: Purpose and Description District 1 (SD 1) 11-6-2: Sign Districts 11-6-3: Business Signs 11-6-4: Building Identification Signs a. Projecting/Hanging and Wall Signs 11-6-1: PURPOSE AND DESCRIPTION Business & Building Identification signs are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language perti- nent to the advertised enterprise. The follow- ing chapter covers all of the technical infor- mation related to Business and Building Identification Signs. All Business and Build- ing Identification Signs shall comply to the standards outlined in this chapter and shall be subject to design review. 11-6-2:SIGN DISTRICTS Sign District 1 (SD 1): All of Vail except for property zoned ABD and CC3 Sign District 2 (SD 2): All property zoned ABD and CC3 (West Vail and Cascade Crossing) Sign .District 3 (SD 3): West Vail Interchange (CDOT right-of-way) 11-6-3: BUSINESS SIGNS Business Signs are those that display the name of the business and include any graph- ics o r language tnat represent the r Business Sign ~usmess. / i'- _ _-__- r t ~...~_^ ~" tbc. c__~.~~~s~i^>b ,__-T~.UCH _. -,°~---_ ~.:~ ~ _ - Attractive projecting/hanging sign:: Number -one sign per public entrance. Area -the allowable sign area of projecting/hanging and wall signs shall be up to six square feet. Height -projecting/hanging signs shall have a minimum clearance of eight feet above pedestrian ways and a minimum clearance of 15 feet above vehicular ways. No part of any projecting/hanging or wall sign shall extend more than 25 feet above existing grade. Special provisions - an awning may substitute for one of the projecting/ hanging signs allowed a business, and is subject to the same requirements as all other projecting/hanging sings in SD 1. The size of the signage conveyed on the awning wilt be calculated according to the total area of the text, as described in Figure 1. 16 Figure 1 ~ ~ ~~~ ~\ ~ \', i I ,.,~ i J l ~i'~ % ~~~- I A. ~ / l v ~ _~-' ~, d ~ 17» := 18" x 6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards Menu box displaying daily restaurant specials Number -one dislay box or special board per business. Area - the combined area shall not exceed six square feet (6 sq. ft. ). Height -the height of the highest part of the board or display box shall not extend more than six feet from existing grade. Special provisions -allowed at restaurant and real estate businesses only. c. Sale Signs ' 3 ~~ ~,~. , ~ `; i7~r i',' r ~ ~ ; ~ K, re 1 r ~ h' ; ~q1~ , r ~ ~` r' F , { t 1 ~{i~ ~ r O , '~, , r :R ~ ~ ~ ~{, ,~ ' y . > ' i '_.r, : ~ ; rt ~ ~ ~ .t ' ~_ _ . Attractive sale signage Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -the area of the allowed sale sign shall not exceed 1.5 square feet. Height -the top of any sale sign shall not extend more than 10 feet above existing grade. Special provisions - if located outside, the sale sign shall be placed on a display rack only. Sale sign permits authorizing sale signs of up to seven square feet maybe obtained by completing an application from the Community Development Department. Sale sign permits authorize the use of larger sale signs between the dates ofApril 9st and December 9st for two periods of up to 75 days each. d. Window Signs 17 Attractive window signage (window signs, cont.) Number -not regulated as long as area requirements are met. Area -the combined area of all window signs shall not exceed 15% of total window .area. Height -the top of any window sign shall not extend more than 25 feet above existing grade. Special provisions -signs placed inside of a business, within three feet of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (for each public entrance). Height - the top of any business operation sign .shall not exceed five feet from the floorplate of the business. Special provisions/purpose -business operation signs are intended to provide information such as affiliations, hours of operation, and accepted credit cards or forms of payment. f. Open/Closed signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (per public entrance). Hei ht -the top of any open/closed sign shall not exceed five feet from the floorplate of the business. Special provisions- the one open/closed sign allowed per public entrance may be two-sided for convenience. The area shall be calculated according to one side only. g. Second-floor and below-grade spaces Second-floor businesses are subject to the same sign standards, zoning regulations, and property owner approval as all other business signs within Sign District 1. Businesses that are below-grade or are without a frontage shall be allowed one sign with a maximum of four square feet (4 sq. ft. ). 18 A discreet, two-sided open/closed sign Business operation sign including hours of operation and accepted forms of payment 2. Number, area, height, and special provisions of Business Signs in Sign District 2 (SD 2) a. Wall and Projecting/Hanging Signs Number - one per business frontage on a major pedestrian or vehicular way with a maximum of three per business. Area -the allowable sign area of projecting/hanging and wall signs shall be based on total lineal frontage as described in Section 11-6-3-3. Height -projecting/hanging signs shall have a minimum clearance of eight feet above .pedestrian ways and a minimum clearance of 15 feet above vehicular ways. No part of a projecting/hanging or wall sign shall extend over 25 feet above existing grade. Special provisions - an awning may substitute for one of the three projecting/ hanging and wall signs allowed a business and shall be measured according to the total text area on the awning (as in Figure 2). Figure 2 18" x 6" area of thick rectangle (108") (.75 square feet) 12"x6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards) Number -one display box or special .board per business. Area - the combined area may not exceed six square feet (6 sq. ft.). Height -the height of the highest part of the board or display box shall not extend more than six feet from existing grade. Special provisions -allowed at restaurant and real estate businesses only. c. Sale Signs Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -shall not exceed 1.5 square feet. Height -the top of any sale sign shall .not extend more than 25 feet above existing grade. Special provisions - if located outside, shall be placed on a display rack only. d. Window Signs Number- not regulated as long as area requirements are met. Area -shall not exceed 15% of total window area. Height -the top of any window sign shall not extend more than 25 feet above existing grade. Special provisions -Signs placed inside of a business, within three feet of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per public entrance of a business. Area -two square feet of window signage only. Height - the top of any business operation sign may not exceed five feet from the floorplate of the business. Special provisions - a business operation sign may include affiliations, hours of operation, and credit cards accepted. 19 f. Open/Closed signs Number -one sign per public entrance of a business. Area - 1.5 square feet of window signage only (per public entrance). Height -the top of any open/closed sign shall not exceed five feet from the floorplate of the business. Special provisions- the one open/closed sign allowed per public entrance may be two-sided for convenience. The area shall be calculated according to one side only. 3. Allowable Sign area for Business Signs within Sign District 2 (SD 2) The allowable sign area of any Business Sign in Sign District 2 shall be based upon the length of the linear frontage(s) of the space occupied by the business, as detailed in the table below; please note that "total sign area" includes the combined sign area of the total number of business signs (projecting/hanging and wall signs) of any one business. The total number does not include sale signs, open/closed signs, window signs, menu boxes, or business operation signs. Business Frontage Total Sign Area 0' -12.99' 10 sq. ft. 13' - 24.99' 14 sq. ft. 25' - 49.99' 20 sq. ft. 50' - 74.99' 40 sq. ft. 75' - 99.99' S0 sq. ft. 100' - 149.99' 60 sq. ft. 150' - 199.99' 70 sq. ft. 200' + 80 sq. ft. Business Sign area in Sign District 2 shall be calculated by adding the combined area of two imaginary rectangles placed over the form of the text only, as depicted in Figure 3. Curvilinear, circular, organic, and other unique shapes are encouraged and the text shall be measured in the same manner, as shown. Figure 3 r )+' ~\ 1:, .~ 6' ,_ ,; -s'' =~~ l ~" - ~, e _ ,! o. l\ ~ e ___ _ 12, ~ ,. 18"x6" area of thick rectangle (1Q8") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) 4. Measuring business frontage for Business Signs within Sign District 2 (SD 2) Figure 4 illustrates how to measure the frontage of a business. Note: In order to be considered a frontage, that side of a building or business shall have a major public entrance that opens onto a major vehicular or pedestrian way. 20 Figure 4 contains three separate businesses, each sharing portions of a frontage with one or more other businesses. Business A has one frontage upon which signs may be placed, frontage A, which is defined as a frontage .because it parallels a major pedestrian/ vehicular way and contains a public entrance. Business B also has only one frontage (B) upon which a sign may be placed. Though the other side of the business parallels a major pedestrian/vehicular way, only the side with an entrance may be considered a frontage. Business C has one frontage (C) upon which a sign may be placed. All three businesses share portions of frontage D, which parallels a major pedestrian/vehicular way. Lengths A, B, and C each contain an entrance, which qualifies them as frontages. Figure 4 5. Business Signs within Sign District 3 (SD 3) All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and are not regulated by the requirements set forth in Chapter 6 of this Title. Second-floor and below-grade spaces Second-floor businesses shall be subject to the same lineal sign regulations, frontage standards, zoning regulations, and property owner approval as all other signs within Sign District 2. Businesses that are below-grade or are without a frontage shall be allowed one sign with a maximum of four square feet (4 sq. ft.). 21 11-6-4: BUILDING IDENTIFICATION SIGNS Description: A Building Sign indicates the name of a building, which, in some cases, (such as a hotel or lodge) may be the same as the primary business and building owner. All Building Signs shall comply with the regulations listed herein and shall also be subject to review by the Design Review Board, which reviews signage based on the criteria in Chapter 5 of this Title. The total area allowed for Building Identification signage includes the total text and graphics of the total number of its building signs (see Figure 4) and varies with each building frontage (see following tables). 1. Allowable Building Identification Sign area in Sign District 1 (SD 1) The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building Identification Signs, unlike Business Signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' - 149.99' 50sq ft 150' - 199.99' 50sq ft 200'+ 60sq ft 2. Allowable Building Identification Sign area in Sign District 2 (SD 2) The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building Identification signs, unlike Business Signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' -149.99' 50sq ft 150' -199.99' 50sq ft 200' - 249.99' 60sq ft 250' - 299.99' 60sq ft 300' - 399.99' 70sq ft 400+ 80sq ft 22 A Building Identification Sign using text only 3. Types of Building Identification Signs in Sign Districts 1 and 2 a. Freestanding Signs b. Wall-mounted Signs '= a Number -one freestanding sign per building frontage on a major pedestrian or vehicular way. Area -freestanding Building Identification Signs shall be subject to the total sign area requirements of the Building Frontage charts listed previously. Height - no part of a freestanding Building Identification Sign shall be higher than eight feet above existing grade. Special provisions - if using two signs, no more than one sign may be a freestanding sign. Free-standing signs shall be placed on two separate building facades facing pedes- trian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestand- ing signs allowed (1 ). Wall mounted building identification sign Number -one sign. per building frontage on a major pedestrian or vehicular way. A maximum of two signs (wall or free-- standing) shall be allowed if a building has two frontages as defined in these regulations. Area -wall-mounted Building Identifica- tion signs shall be subject to the total sign area requirements of the Building Frontage charts listed previously. Height - no part of awall-mounted building identification sign shall be higher than 25 feet above existing grade. Special provisions - if using two signs, signs shall be placed on two separate frontages: subject to design review. 23 Free-standing Building Identification Sign c. Joint Directory Signs Number-one joint directory sign per building unless the building has more than one frontage (see Chapter 2, Definitions) with a combined linear frontage that ex- ceeds 150 feet, in which case that building shall be entitled to two joint directory signs. No Building Identification Sign shall be allowed for the side of a building that houses a joint directory sign. Area -each joint directory sign shall contain one square foot per business tenant in a building, and up to three square feet for the name of the building, placed atop the joint directory sign. Height - no part of a joint directory sign shall be higher than eight feet above existing grade. Special Provisions - a joint directory sign, though a type of freestanding sign, shall not count toward the tots! quantity of free- standing signs allowed (1). All joint directory signs shall be kept current according to business turnover. 4. Types of Building Identification signs within Sign District 3 (SD 3) All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and shall not be regulated by the requirements set forth in Chapter 6 of this Title. 24 Joint Directory Building Identification Sign CHAPTER 7 OTHER SIGNS 11-7-1: Flags, Pennants, Banners, and Bunting 11-7-2: Private No-Parking Signs 11-7-3: Public Information Signs 11-7-4: Residential Nameplate Signs 11-7-5:Subdivision Entrance Signs 11-7-6: Temporary Site-Development Signs 11-7-7:Traffic-Control Signs for Private Property 11-7-8: Entertainment Signs 11-7-9:Garage and Yard Sale Signs 11-7-10: Open House Signs 11-7-11: Balloons 11-7-12: Vehicular Signs a. Granting of a special events permit that involves signage shall be preceded by staff review. b. Removal: in the event that pennants, banners, or bunting are not removed by the owner on the date specified on the sign application, written notice will be sent by certified mail to the owner and the item(s) will be removed by the Town of Vail at the owner's expense. 11-7-1: FLAGS, PENNANTS, BANNERS, AND BUNTING Description: flags, pennants, banners, and bunting shall be subject to design review and placed appropriately within the Town in order to add color and vitality to the Town of Vail. Clearance: flags, pennants, banners, and bunting shall have a minimum clearance of eight feet when projecting over public walkways and a minimum clearance of 15 feet when projecting over vehicular streets. 2. Special Events: banners, pennants, bunting, or decorations of a temporary nature used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this Title and shall instead be subject to the requirements associated with acquiring a special events permit from the Town of Vail. 3. Pennants, banners, and bunting that are not associated with community events or activities but are for the purpose of advertising a business or product only are not allowed. 11-7-2: PRIVATE NO-PARKING SIGNS Size: Private No-Parking signs shall not exceed two square feet in size and shall have a brown background with white lettering that shall read as follows: PRIVATE PARKING UNAUTHORIZED VEHICLES WILL BE TOWED BY OWNER 11-7-3: PUBLIC INFORMATION SIGNS Description: all public information signs shall be subject to design review and include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. All display boards and kiosks shall be constructed, erected, and maintained by the Town of Vail or with the permission thereof. 25 11-7-4: RESIDENTIAL NAMEPLATE SIGNS .Description: a residential nameplate sign identifies a house by displaying the family name and/or the home name and the address. 1. Size: size shall not exceed one- 11-7-5: SUBDIVISION ENTRANCE SIGNS Description: a subdivision entrance sign identifies the entrance to a major subdivision, condominium complex, or group of apartment buildings that have at least 100 linear feet of frontage along a vehicular pedestrian-way. half square foot per single family 1. Size: combined size of all faces or duplex structure or one-half of a multi-sided sign may not square foot for each multi-family exceed 20 square feet. unit. 2. Height: no part of the sign shall 2. .Height: no part of the sign shaft extend more than eight feet from extend above eight feet from existing grade. existing grade. 3. Number: limited to a maximum 3. Number: one sign for each of one sign per major entry dwelling unit. .providing access to a subdivision. Final decision as to 4. Location: subject to design the determination of a major review. entry shall be at the discretion of the Staff, subject to design 5. Design: wall-mounted or review. projecting/hanging, subject to design review. A freestanding 4. Design: subject to design sign may be used for asingle- review. family or duplex dwelling structure. 5. Lighting: indirect or pan- channeled. 6. Lighting: indirect. 6. Landscaping: subject to design 7. Landscaping: subject to design review review. 11-7-6: TEMPORARY SITE- 8. Special Provisions: DEVELOPMENT SIGNS nameplate signs in HDMF, Description: a Temporary Site- LDMF, MDMF zones shall be Development Sign includes any sign restricted to one wall-mounted that indicates or identifies development sign per living unit in structures of real property under construction. having two or more living units. Further, such structures may 1. Size: any site development sign have one exterior wall-mounted shall not exceed 20 square feet, nameplate directory, provided with a horizontal dimension no that the individual nameplates of greater than 10 feet. the directory are of a standard design and size. All joint 2. Height: the top of a sign shall be directory nameplate signs shall no higher than eight feet from be kept current. grade. 26 3. Number: one sign per site. 4. Location: awall-mounted sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrian-way which the building abuts and shall be subject to design review. 5. Design: subject to design review. 6. Lighting: not permitted. 7. Special Provisions: Temporary Site-Development Signs shall be removed within 10 days of the issuance of a temporary certificate of occupancy. 11-7-7: TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY Description: a Traffic Control Sign shall be placed in order to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property Size: all vehicular traffic-control signs shall not exceed one square foot except for multi- purpose signs which shall not exceed four square feet and except for private parking signs which shall not exceed two square feet. All pedestrian traffic-control signs shall not exceed one square foot, except multi-purpose signs, which shall not exceed four square feet, subject to design review. 2. Height: no part of the sign shall extend above six feet from existing grade. 3. Number: subject to design review. 4. Location: location shall be subject to design review, with approval from the Town Engineer for any sign placed adjacent to a public street or way. 5. Design: subject to design review. 6. Lighting: subject to design review. 7. Landscaping: subject to design review. 8. Special provisions: a. may be either freestanding or wall-mounted, with same size requirements. b. No individual sign will be approved unless it conforms to an overall sign program for-the entire site, submitted by the applicant. c. No sign shall contain any advertising, but may identify the owner by name. 11-7-8: ENTERTAINMENT SIGNS Theatres and movie/media rental business will be allowed three poster images in the front window at any one time. 11-7-9: GARAGE AND YARD SALE SIGNS Garage Sale and Yard Sale Signs temporarily erected on residential property are subject to the following: a. Type: Garage and Yard Sale Signs may be freestanding or wall signs. b. Quantity: there shall be a maximum of one (1) sign upon the advertised property and one 27 directional sign off-site. c. Area: the maximum area of any single sign shall not exceed one and one-half (1'/z) square feet. d. Height: the height of the sign shall not exceed five feet from the grade at the base of the sign. e. The sign shall only be displayed during the period of time that the garage or yard sale is in progress. 11-7-10: OPEN HOUSE SIGNS Open House Signs advertising an open house or a showing of the property upon which the sign is located will be subject to the following: a. Type: the sign may be freestanding or a wall sign. b. Quantity: there shall be a maximum of one sign on the property where the open house is being conducted and one directional sign off-site. c. Area: the maximum sign area of any single sign shall not exceed one and one-half (1'/z ) square feet. d. Height: the height of the sign shall not exceed five feet as measured from the grade at the base of the sign. e. The temporary sign shall be displayed only during the open house presentation or three days, whichever period of time is shorter. 11-7-11: BALLOONS All balloons, regardless of their size, shall be subject to a special events permit. 11-7-12: VEHICULAR SIGNAGE Any vehicles displaying the name of the business associated with said vehicle shall be used on a regular basis for service and delivery or other vehicular needs related to that business activity. Vehicular signs shall not be used for the sole purpose of advertising a business, as determined by the Administrator. 28 CHAPTER8 SIGN PROGRAMS SECTION: 11-8-1: Sign Program Description 11-8-2: Criteria 11-8-3: Sign Program Review 11-8-1: DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi- family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the Staff. Existing multi-tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in Chapter 4, Sign Application Procedures of this Title. 29 CHAPTER 9 EXEMPT, PROHIBITED, AND NON-CONFORMING SIGNS SECTION: 11-9-1: Exempt Signs 11-9-2: Prohibited Signs 11-9-3: Nonconforming Signs 11-9-1: EXEMPT SIGNS The following signs are exempt from the requirements of this code, but remain subject to the Design Standards and Guidelines listed in Section 11-5-1 and the maintenance requirements listed in Section 11-11-3 of this Title: Memorial signs or tablets; 2. Notices .posted by governmental officers in the performance of their official duties; 3. Government signs, including directional signs, to control traffic or for other regulatory purposes; 4. Works of "fine art", including murals, which do not advertise a product or business and which have been approved by the Town of Vail's Art in Public Places Board (AIPP); 8. The inscription of names (or dates) of buildings, when etched into masonry in one location on any business or premise, and in conformity with Chapter 6, Business and Building Identification Signs. Each letter of an inscription may not exceed two inches (2") in height and the total engraved area may not occupy more than three square feet of the surface of the building;. 9. Signs in the I-70 right-of-way, which are regulated by the Colorado Department of Transportation (CDOT); and 10. All political signs, as defined in Chapter 2 of this Title.. 11-9-2: PROHIBITED SIGNS The following signs are prohibited within the Town of Vail: 5. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday: however, such holiday decorations shall be removed once their condition has deteriorated such that they are no longer attractive; 6. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; 7. Signage and decorations related and subject to a Special Event permit through the Town of Vail; 1. Animated signs that incorporate the use of movement through revolving, rotating, or otherwise moving parts; 2. Signs with the illusion of movement or changeable copy; 3. Signs (or the illumination thereof), that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; 4. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals; 30 5. Any sign advertising a business or service having -been vacated for 90 or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; 6. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; 7. Any gas-filled, illuminated or fiber optic sign that is visible from any part of any pedestrian or vehicle passageway or walkway; 8. Any sign or structure that obstructs ingress to or egress from a required exit way, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; 9. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; 10. Any off-premises sign that is not otherwise regulated by this Title; and 11. All billboards. 11-9-3: NONCONFORMING SIGNS 1. DEFINITION: Any sign erected prior to the enactment of this Title, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as non-conforming. 2. ADMINISTRATIVE PROCEDURE Within one year after the effective date of this Title or the effective date of the annexation to the Town of any area, the Staff shall compile a list of the existing non-conforming signs. The enforcement and appeals procedure regarding a non- conforming sign is listed in Chapter 11, Violations and Enforcement, of this Title. 3. CONTINUATION OF A NON- CONFORMING SIGN Any sign which has been determined to be non-conforming may continue in use and operation as a non- conforming sign. 31 CHAPTER 10 VARIANCES AND APPEALS 11-10-1: Variances 11-10-2: Appeal of a Variance 11-10-1: VARIANCES A. Purpose A variance from the Sign Regulations constitutes relief from the strict interpretation of the standards and may be granted by the Planning and Environmental Commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of Title 11. B. Application Procedure An application for a variance from the Sign Regulations may be obtained from the Community Development Department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the Town Council as set forth by town ordinances. The Staff shall set a date for a hearing before the Planning and Environmental Commission once the complete application has been received. C. Criteria for Approval 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this Title. 11-10-2: APPEAL OF A VARIANCE An appeal to the Town Council of a Planning and Environmental Commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (Section 12-3-3 of Title 12, Zoning Regulations, Vail Town Code). 32 CHAPTER 11 VIOLATIONS AND ENFORCEMENT SECTION: 11-11-1: Violations 11-11-2: Procedure and Enforcement 11-11-3: Sign Maintenance and Repair Enforcement 11-11-1: VIOLATIONS General Violations: Any sign that is deemed by the Administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this Title, is in violation of this Title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the Administrator, is in violation of this Chapter and shall also be subject to the Procedure fisted in Section 11- 11-2 of this Title. 2. Sign Violations on Public Property It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right-of-way or on any property belonging to the Town of Vail without the express permission of the Town. The Administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of the Vail Town Code and be subject to the provisions of the Penalty and Costs Sections (11-11- 2) of this Title. 11-11-2: PROCEDURE AND ENFORCEMENT 1. Notice of Violation The Administrator shall .give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premise at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. The written notice shall include the reason for violation, the time frame in which the sign in violation must come into compliance, the possible costs associated with the sign repair or removal, and the procedure for compliance that applies to the sign in violation. In addition to physical delivery via the Administrator, the written notice shall also be mailed via certified mail to the business or owner at the address noted on the business license for that business or premise. 33 2. Penalty The business, building or premise at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to a minimum fine of $75.00 for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this Title may not restrain imposition of these penalties. 3. Failure To Comply and Town Abatement If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this Title within the time frame specified in the notice, the Administrator shall cause a sign in violation of the provisions of this Title to be altered or removed at the. expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the Director of Finance of the Town of Vail. 4. Costs The amount certified by the Director of Finance to the County Treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT All signs in the Town shall be properly maintained (as defined in Section 11-2-1) at all times to the satisfaction of the Administrator or they will be repaired or removed (as defined in Section 11-2-1) by the Administrator. 2. The Administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign 1) has been found to constitute a violation of this Title; 2) is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3) has been damaged beyond fifty percent of its total area and deemed poorly-maintained by the Administrator. The procedure for .removal of a sign in violation is detailed in Section 11-11-2-3 of this Title. The Administrator's decision shall be subject to review by the Planning and Environmental Commission in accordance with the provisions of the Zoning Ordinance (Section 12-3-3-B of this Code) and may be appealed by any "aggrieved or adversely affected person" (as defined in 12-3-3-B-2 of this Code). 34 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS 1313 Sherman Street, Suite 521 Denver, Colorado 80203 Phone: (303) 866-2771 FAX: (303) 866-4819 TDD: (303) 866-5300 September 24, 2003 The Honorable Ludwig Kurz, Mayor Town of Vail 75 S. Frontage Rd. West Vail, CO 81657 Dear Mayor Kurz: oF•co~ e o # ** * X876 ~ Bill Owens Governor Michael L. Beasley Executive Director The Town of Eagle is hosting a "Planning 101" course, designed for planning commissioners, elected officials, and. staff, presented by the Colorado Department of Local Affairs. Eagle County and the Towns of Avon, Basalt, Gypsum, Minturn, Red Cliff and Vail are all invited in the spirit of regional planning and sharing of ideas and opportunities. The brief planning course is set to begin at 7 p.m. and end no later than 9:30 p.m. on Tuesday, October 21, at the Eagle Town Hall (200 Broadway). We hope you are able to send as many board members and planning commission members as possible, and all staff members who work on planning issues are also invited to attend. DOLA is providing the training for free. Please see the enclosed agenda for details, and bring your specific questions and issues for discussion. Please RSVP to Andy Hill, 303-866-3785 with a count from your local government by Tuesday, October 14tH We look forward to seeing you there! Sincerely, Eric H. Bergman, Director C~~~ Office of Smart Growth cc: .Stan Zemler, Manager Lorelei Donaldson, Clerk enc: Agenda, map ~f~ J,i,, f _ D OF LOCAL AFFAIRS ~~ ~~~~ OFFICE OF SMART GROWTH E;s~'ui'~.'~~ti a ~utt~i~. Planning 101 Workshop October 21, 2003, 7 p.m. Eagle Town Hall 200 Broadway AGENDA 1. Introductions and topics identification Be prepared to identify specific topics and issues you would like to discuss 2. Role of planning commission, elected board and planning staff 3. Short review of statutory planning authority and enabling legislation • Local control/state role in planning • Land use powers: home rule vs. statutory jurisdictions • Planning tools o Master/comprehensive plan o Zoning o Subdivision regulations o PUD 0 1034 & 1041 powers o Extraterritorial powers and IGAs 4. Tips on how to conduct meetings and decision-making 5. "How to stay out of trouble" - a brief discussion of legal and ethical issues 6. Issues discussion, follow-up, questions 7. Adjourn Office of Smart Growth 1313 Sherman St. Rm. 521 Denver, CO 80203 303.866.2156 www.dola.state.co.us/smartgrowth MapQuest: Maps: print i Send To_. Printer Back t~_Ma~ 200 Broadway St Eagle CO 81631 US Notes: Page 1 of 1 °~~} r'~ ~,d K ~, ~" ^'~ b ~~ ,' Boak a Hotel: Save up to 7G°!o on Orbitz Savers Nationr~vide! ~OOI: NC1'1N! qty ~_ ~--~ „~.r s r ~ ~. r~ at ~,qt ~~+ 41~lap~il'Rd ,~',,' d~ I e i'' Gr ~ ,. ~ f ,_ ...~ ~ ' a~4- Q '~V`J -lth `'t E 4th 'fit ~ ~ WYt~Ifing.Fid _~' ...__ :c ~._..~--._, ,;- _ `~ }~ '~~ 5th Et E 5~fih 5t ~'? ._.~` ~.~. r ~. .. .... ,~j ~ ..,.,:..<...,. ~% E ~.', b"J 6th St ~.. E uth ~t :, .. ___ ~ ~ fi Vu T ~ ~ _ ;~, ~[v 1 r .+ S~:buuiu`"ptub:t 4~ VS 9 ~,a. , '{'.rf ~y1o'~ s U`~~'' `s Cap _, ~,-"` ''~ ''k ri ~ a ~ti,,.'' , _ _,~ ~4 , ~,,fC~ti k~,~ ~i ' °w~ x~ ,y r\ ,. :;r• ~f` C>2003 Mapquast.cx~m, Inc.; X2003 GDT, Inc. y __ _ _.. All righ reserved. Use.$ub'e LS~~Coovright r~~,1v~' ~'f'':#~'#-'~ This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Private Policy & Legal Notices ©2003 MapQuest.com, Inc. All rights reserved. http://www.mapquest.com/maps/print. adp?mapdata=hPOurGiog%2bfcx9VrNwgZvS 8pWwWxpGSq... 9/23/03 X ~ : CQiuuttt, University of Colorado at Denver ~~~ Institute for Policy Research and Implementation Graduate School of Public Affairs Campus Box 133, P.O. Box 173364 ~ ~ ~ f ~ ~,~~~ ~,_. ~_ Denver, Colorado 80217-3364 ~ ` ~ ' .~ . b ~~ Phone: 303-352-3764 Fax: 303-352-3819 September 12, 2003 Bob Armour Mayor City of Vail 75 S. Frontage Rd. West Vail, CO 81657 Dear Bob: You have received a "Save the Date" card to the University of Colorado's Investment in Excellence Dinner on December 4, 2003 at the Downtown Marriott Hotel. The Dinner will be a gala event. It honors one of Denver's finest citizens, Marvin Levy. Marvin has been a leader in the Greater Denver Chamber of Commerce. He now is Chairman of the Board of Directors of the Colorado Association of Commerce and Industry. Marvin has been and is now on the Board of several nonprofit groups including Channel 6 and the Foundation for Educational Excellence. He has made a difference. When we sent out the initial announcement, we indicated that we would have a surprise important provocative speaker. We are now able to tell you that Walter Isaacson is our speaker for the Dinner. Walter follows the line of great speakers we have had in the past like Ambassador Abba Eban, Vice President Gore, Senator Hank Brown, Congressperson Barbara Jordan, Secretary of Commerce Philip Klutznick, among others. Walter is presently President and CEO of the Aspen Institute. He was CEO of CNN and Managing Editor of Time Magazine. Walter just authored a best selling book on Benjamin Franklin. He is a thoughtful, articulate, funny and wise person. You will enjoy his remarks at the Dinner. He will help make the evening a memorable one. Please reserve your table new. Early table purchasers will be invited to the. pre-dinner private reception and to a private colloquium with Walter Isaacson in the afternoon. The colloquium will focus on what Benjamin Franklin might advise President Bush and Congress concerning America's current problems and opportunities. The University needs your support. We hope you will respond. Sincerely, ° ~~ Marshall Kaplan Executive Director Institute for Public Policy and the. Wirth Chair ,, X G' ~ ®~,~ t ~` 51~ IL isn't all about the`botto one ;. busin~,sses new watch waistlines ,~ By Kate Zerniice Programs that nudge people to move 'i Tne Plew vork Times more or eat better are responding to; ~, OVERLAND PARK, Kan: -Like oth- ' growing public health crisis: The federal, Department of Health and Human Service; has ad- er Sprint employees, Kent Turner justed to the company's new office park ~ -Put the cost of overweight and obese ~ 117 billio 2000 i - here on a former soybean field in a sub- anc n n Americans at $ said that being overweight resulted in' 1 urb of Kansas City, but he does wonder 30U 000 deaths a year. why the elevators are so pokey when the "There are times when we as a nation . buildings are so new. feel that personal responsibility is not "We believe," he confided, smiling, getting the job done, and so we have to "that it's a sinister plot to get us to take take action," said Kelly Brownell, direr the stairs." for of the Yale Center for Eating and Sinister, no; plot, yes. Weight Disorders. :$point planned its 200-acre world head- Obesity surpassed smoking as a public quarters with an eye to fitness. It banned. health concern in a poll commissioned in cars; forcing employees to park in garag- May by the Harvard School of Public. es ou .the .far side of a road ,ringing the Health, with 79 percent saying it was a campus and walk between buildings as .major issue. much as a half-mile-apart. - At Union Pacific, 54 .percent of the It"put in slow elevators and wide, win- ' 48,000 employees are overweight. Look- doomed staircases to encourage people to ing at.injuryclaims and illness records, walk. the .company estimated that reducing Across the country, companies, states that percentage by 1 point would save $8.5 million. r;1:7 million; 5 points .,'and schools are taking more aggressive increasingly over- measures to get an , Sprint and other companies say they . weight .society do move more and eat have not put a dollar figure on getting employees to lose weight; they are react- less. ing to research that shows that pedestri- I Thk .new methods go beyond putting an-friendly places tend to promote gyms in office buildings or teaching ,the healthier weights. i virtues of broccoli. om`it's, if you will, a forced wellness pro- Union Pacific Railroad has begun, of- gram ~ said Dan Jeakins, an architect in fering some employees the latest }ire- Dallas who has designed office buildings scrption weight-loss drugs as part of a 'that encourage walking and stair~clirnb- -study to determine, how, best to get its Wig, "We've had. fitness centers; but that workers to slim down. varies on who really uses those things. T~-IE DENVER POST .w. .,~ ,; ,: <: ~~~ ~~ ~ - ~~ ~ qty, ~'L 4~ 1 J s ;t ~ t~ ', ~ 31 ~P ~` i SIDS. ~ 7 i~ { '_. ..~ ~ ~ ~@ ~ }.A ,~:~:a ~ cchhyy ...!'~. 1 a f ,The Denver Post /Larry Pierce Steamboat skiers and snowboarders start their day at the Gond®la Square base area. The resort's skier visits are down slightly, but, unlike its peers, its sales tax has risen 10 percent in the past five seasons. Ski resort towr~~' tax revenues sink RESORT FROM PAGE 1C Breckenridge has seen a moder- ate increase in skier visits and flat sales tax. The advent of the discounted sea- son-pass war four seasons ago trig- gered the leaps in visitation, but those visits that once yielded big-spending vacationers are now attributed to the crowds of Front Range skiers that flock to the hills every weekend.. It's not that the Front Range ski- ers don't spend. It's that they don't spend like .vacationers. The money they do spend has at least stopped resort towns like .Breckenridge, Vail and Winter Park from losing revenue. "In spite of it all, we've re- mainedflat," said Steve Rosenthal, owner of Colorado Footwear in Vail Village. "I think Vail and the marketing department should be complimented for. changing their demographics based on what is happening in the world's economy, and the terror situation and the air- line situation. It's kept us afloat." For the urban cities, declining or stagnant sales tax revenues have prompted spending cuts across the state. Denver is planning fora $70 million budget shortfall in 2004; Colorado Springs is looking to bridge a $22 million budget gap; and Aurora is looking to cut $3.6 million, according to a recent Colo- rado Municipal League survey. Those declines come from a stag- nant economy that has seen layoffs and uncertainty, prompting less spending and less sales tax reve- nue. In a recent survey of 21 cities, the Colorado Association of Munici- pal Tax Auditors showed $87.7 mil- lion in sales tax collected in June 2002 compared with $87.4 million in June 2003. For destination resorts, it's espe- cially tough. Crested Butte has seen a staggering 25 percent de- cline in visitation in the past five seasons. The town of Crested Butte has watched .its sales tax dwindle by almost 13 percent. The past five years has galva- nized the community. In Novem- ber, Crested Butte voters approved a pair of new taxes to promote tourism and establish a regional transportation authority that could establish consistent airline service into the local airport. "Those votes were a direct re- sponse by the community to our waning sales," said Jim Schmidt, mayor pro tem in Crested Butte. iVith few exceptions, sales tax revenue suffered last year. Most re- sorts were tracking for solid years in terms of sales tax revenue until the war in Iraq burst the. vacation bubble in March. Every resort town posted steep downturns in revenue in March and April. An exception is Steamboat Springs. The destination resort re- lies heavily on out-of-state visitors, yet it has not endured the declines of its destination peer resorts. Ski- er visits at the ski area are down slightly, and its sales tax has in- creased 10 percent in the last five seasons. Sandy Evans Hall, executive da- rector at the Steamboat Springs Chamber Resort Association, says the marginal declines and in- creased spending are a result of the airline program that has the community and resort company paying $1.8 million to make sure airlines continue flying into the lo- cal airport. "We've also seen increasing di- versity in our economy," Evans Hall said. "But we are seeing what every other resort is seeing, and that's that people's stays. are getting shorter and. they are spending less when they are here." BUSINESS xc: ~ www.delnverpost.com/business * ~ DENVER PosT ~ Section C - `~~' • :1.11. r n x v u n r w Resort towns struggle for tax revenues A decline in destination visitors to the state's ski areas is mirrored by declining sales tax revenues, while some resorts closer to the Front. Range have stemmed revenue loss by attracting more day-tripping visitors. 1998-99 to 2002-03 2001 -02 to 2002-03 change % change °'o change °o change skier visits ?tax revenues ~ skier visits ,tax revenues Aspen - 5.4 i - 52 i + 1.5 + 0.1 Breckenridge + 2 6 + 0,87 - 2.6 ~ - 2.4 Crested Butte - 25.0 i 12.6 Snowmass Village -15.0 i - 9.9 ~ Steamboat Springs' -1.2 i +.10.0. Telluride 3 9 i 5 5 Winter Park + 6.2 ~ + 13:0 Vail + 16.0 - 0.921 + 1.8 - 4.4 - 3.4 3.4 - _..... _.... _ 0 ~ ', + 1.0 + 7.6 - 4.8 + 2.6 ', + 6.8 + 4.8 - 2.6 Source: Denver Post research The Denver Post /Joe Watt Da skiers y stem los es By Jason Blevins Denver Post Business Writer Ski .resort towns across the state are enduring painful de- clines in sales tax revenue, as visi- tors who sustain their economies curtail travel and spending. Not only have the overnight visi- tors not been coming, those who do are spending less. In the last five seasons, destiria- tion visitation to Colorado's ski re- sorts has fallen 10 percent to 15 percent. For towns like Snow- mass :Village and Crested Butte, the declines have crippled local budgets, with double-digit drops in revenue. prompting deep cuts in .municipal spending.. For resort towns closer to the b'ront "Range, day-tripping skiers have been able to stem the finan- cial bleeding caused by fewer va- cationers. The Denver Post studied ski sea- son sales tax revenues for eight resort towns during the past five seasons. The outlying. destination resorts such as Aspen, Crested Butte; Tel- luride and Snowmass Village have seen significant dips in sales tax revenue. Those dips mirror de- clines in visitation to local ski ar- eas. "For us, the answer is volume," said David Perry, chief operating officer at Aspen Skiing Go., which has joined resort developer In- trawest in the development of a giant new village at the base of Snowmass. Village. Snowmass has seen steadily de- clining visitation since 1998, fall- ing 15 percent in five seasons. The town's sales tax has dwindled by' 10 percent in that time, falling from $917,263 during the 1998-99 season to $777,8ti6 last season. Hope for arresting the decline is found in a new village. Snowmass residents, business leaders and Aspen SkiCo officials are looking to a 635-unit, 1 mil- lion-square-foot village mixing commercial and residential as the. key to ferrying Snowmass back to. its. glory days of nearly $1 million in wintertime sales tax revenue. "The decline i.n Snowmass is not due to snow or other anomalies," Perry said. "We need to attract more visitors, and we are looking at how we can present opportune- ties to our customers to enhance their experience a little bit and maybe getthem to loosen up their wallets." Simply attracting the hordes doesn't mean big spending.. Vail has seen a 16 percent increase in skier. visits in the past five sea- sons, while sales tax revenue has remained relatively flat. SEE RESORT ON 3G City officials cut services, but not staff .Denver seeks to avoid layoffs despite growth of government By Mark P. Couch and Karen E. Crummy Denver Post Staff Writers Denver Mayor John Hickenlooper wants city gov- ernment to "do more with less" - a mantra from his election campaign and first months in office. But in one key way, Denver could soon be doing less -with more. Compared with other similar cities, the number of 'workers in ..,Denver government .boomed during the past decade. Now,.city leaders are doing everything) they can to prevent layoffs. The budget and subsequent recommendations from- City .Council members call for slashing services, post- poning projects, increasing fines .and forcing city workers to take a week off without pay. But no city officials are. calling for a major cut in -the number of workers at city hall -even. as cities across the country make painful job cuts. Those decisions beg the question: Can Denver af- ford its government? Denver leaders are swimming in a sea of red ink, yet they want to avoid pink slips. "There is always a demand to expand services," said Margaret Browne, Denver's director of finance. "People want more police, for example. As long as the city can afford them, they're going to want some more:" During Mayor Wellington Webb's 12 years in office, the. size of Denver's government grew sharply.. Between 1991 and 2003, the...city's total workforce .increased. by 23 percent, according to figures ~om- piled by the Denver Finance Department. The: city added 1,438 full-time workers during the period to a .total of 6,251 in 1991. Data from the U.S. Census. Bureau show that: Den- ver's per-capita workforce grew 8 percent - fester than in most other cities with comparable forjYes of government. In 2000, Denver employed 274 workers for 'every 10,000 residents; according to the Census Bureau: eom- .pared with 254 workers per 10,000 residents in 1990. Two other cities that combine the functions:' of city and county government -Baltimore and Nas~ttville - grew faster, but their governments include city-op- • XC. SEE WORKERS ON 10A ~N u~~ ~ _ ~ yr,,.; ~. :t v~r11111~11t WOrOrCE'. Denver's ,growing workforce During the past 12 years, the number of city workers paid with general-fund tax dollars has jumped 23 percent. An ® analysis by the city's finance department found that 1,438 jobs were added during the period -after adjusting for jobs ~ ~l ed dur~n 1990s .that were covered by other funding sources, such as enterprise funds. The total number of jobs added during the period was 1,575. WORKERS FROM PAGE 1A ,crated elementary and high schools. When Hickenlooper unveiled his initial city budget last month, he .said he would balance the budget while averting 1,000 layoffs. The city plans to eliminate 325 jobs -most of .which- were al- ready vacant because of workea•s retiring or taking jobs outside city government. The choice to avoid layoffs is a strategic attempt to avoid prob- lems in the future, said Hickenloop- er's chief of staff, Michael Bennet. Nearly one-third of city workers are expected to retire within the r-ext five years. "If wedid layoffs now, the peo- ple we would be losing are the jun- ior people, and we would lose their institutional knowledge," Bennet said. "Then, in three to five years we would lose the institutional ..knowledge of those people who are retiring." Meanwhile, cities across the country are cutting jobs, according" to publfshed accounts. Pittsburgh Mayor Tom Mur- phy announced that 731 workers .citywide would be cut to help bal- ance a $40 million shortfall this .year and $81 million next year. Of that total, 551 employees have a1- ready been given pink slips ®Baltimore's budget calls -for :.laying off 40 city workers 'and 16 police officers. The .city also tri- pled the amount workers pay for health insurance while freezing ;pay raises. If Philadelphia has been fore- casting the elimination of 600 jobs. -Mayor John Street cut 50 senior po- sitions from the mayor's and other offices -same through attrition - to save about $4:2 million. ®San Francisco eliminated 400 positions --100 ihrough layoffs. For Hickenlooper, the Denver budget crisis offers a critical ex- aanple of how running government requires different skills than those he honed as a restaurant owner and entrepreneur. When times are tight, most busi- ness owners cut all costs to deal with falling revenues. For the past three years, Denver's tax revenues have been flat or falling: But as mayor, Hickenlooper wants to protect Denver's econo- my by keeping city workers on the payroll. The Denver metro area has been buffeted by private-sector job. toss- es. Through August 2003, the Den- ver area lost 16,200 nonfarm jobs - a 1.2 percent decrease, accord- ing to a recent report by the Den- ver Metro Chamber of Commerce. "This is not an easy time to be out of work," Bennet said. Hickenlooper began looking for other ways to save money on the city payroll. He asked for and won conces- sions from the unionized firefight- ers and sheriff's deputies. He encouraged workers to offer cost-saving ideas in individual de- partments and praised workers who took voluntary pay cuts to save fellow workers' jobs. He pushed for a change in the city's pay-setting system after tak- ing office last summer. The cur- rent method provides nearly auto- matic raises for most city workers. Hickenlooper wants the power to give raises shifted to the City Coun- cil, so that it can suspend pay in- creases in tough budgetary times. Under the current system, about 75 percent of all .workers eligible .for merit raises receive them'annu- ally for work ranked above satis- factory, according to the city bud- get office, An average city worker who re- ceives both merit and cost-of-Iav- ing raises gets a 7 percent to 8 per- cent bump in pay each year - about twice that in the private sec- tor, city budget officials estimated. Earlier this year, officials pro- How Denver stacks up During the 1990s, Denver added workers faster than other cities witH' a' comparable form of government • ` ` Full-time employees per 10,000 residents lb City 1990 2000 change.. Jacksonville 154 140 -9:09 Indianapolis 171 161 -5.$~ , Honolulu 110 104 -545 Philadelphia 201 209 3,98 San Francisco 356 371 4:21° Denver 254 274 7.87.:x+ Nashville" 347- 385 10:95 - --------------------------------;-- Baltimore" 395 452 14:4x3 `Includes city-operated. elementary ~~ t"a and secondary schools. Source: Census Bureau The Denver Pcis4 ~~ €; Caldara said Hickenlooper de-; serves credit for tackling the i siie of pay raises for city workers and for winning pay and benefits con< cessions from unions representing, firefighters and sheriff's deputies; but the mayor should push fore oth- er changes to save money. "All that is very admirable, ,but it is the tiniest of starts in terms; of contracting out services and sav- ing money," Caldara said. Cutting service is not as easy, fdb government as it is for private': companies, said Michael Pagano, ;a public administration expert who; teaches at the University of I11~- nois at Chicago. ~~ Residents expect certain basics, such as police to keep the streets, safe or inspectors to ensure°clea~f restaurants. " ~ '' "A business can decide to do~+q,' size or eliminate products," said;. Pagano, who compiles an- annum survey of fiscal conditions in cities; for the National League of Ci ie"s: `'' For .example, Denver-based Qwest Communications Interns= tional this year sold its phone-dir¢C-` tory business to deal with the b~lr- dens of its debt load. ~' ' "Cities are not in a position to'd~o` that," Pagano said. "We have lie- come accustomed to certain pt`o= tections, and we forget that they don't come free." Net Percent increase/ increase/ City department 1991 1997 2003 Change Adjustments' decrease decrease General administration . 215 301 .324 109 -56 53 25% ..- - ~ - --- - -- - .....- -..: -- Independent agencies - - -~ ._ 224 - - - .... 238 -- - ... 264 ... - ~ - - ~ - 40 - - -- h-- ...- - - 0 - - -...- - - .... 40 ... .:........ .. 18% Finance 36 35 44 8___ ... ...... _ _ ___ 0_ .... .. .. 8 -- ... o 22 /° Planning and Development - -~- - -~ -- --~ -- - ~ - ...- --~~-- -- - 50 --------- ------ -- 50 --... - 235 - ~ - - 185 - -- -- ._. - -132 - - ~- - - 53 106% Revenue 279 299 311 32 - - - ~ - 0 - -- - -... -.. ~3 .. -....-- --o --~ 12 /° General Services 160 163 ~ 183 23 0 23 14% Information Technology 0 0 124 124 -38 86 N.A. Safety ... .. 3,057 3,554 3,717 660 _ _ -27 __ 633 21 . y ... .... . -- ~-- Other safet ~- --. . - 393 - 431 434 41 0 _ 41 10% Parks and Recreation ... ................. .... 543 .~~-- ~-- .... .. 689 ..... . 747 . ... .. .. - - -- _ 204 -16 -- --- _ 188 ..... ... .. ,.35% ... . Culturals 325 440 480 155 0 155 o 48 /° Public Works 806 .846 838 32 120 152 19% Health 164 i01 125 ,._ .. -39 .... . ...... 12 ~ ._.. _ __ ..__ -27 _______.__ -16% Total 6,252 7,147. 7,826 1,575 -137 1,438 23% Note: About half of the genera( fund co mes from sales taxes colle cted by the ci ty; the rest comes from property and lod gers'taxes and other fees for services, licenses, permits and fines . * City officials revise total employment to reflect the tra nsfer of fun ding from ge neral-fund tax do llars to other revenue sources. Other adj ustments account for shifting jobs between departments. Source: Denver Finance Department The Denver Post jected that 308 city workers would earn more than $90,000 in 2003; more than double the 119 workers who made more than that amount in 1999. Denver residents will vote on Hickenlooper's plan to shift the pay-setting power in November. . Many of Hickenlooper's efforts to save money. and avoid layoffs reflect good management princi- ples; said Sam Marnick, an employ- ee communications consultant in the Denver office of Mercer Hu- man Resource Consulting. "In the short term, employees re- ally do appreciate being involved," said Marnick, who does not work for the city. . "There can be nagging doubts in the back of their mind: `Are these cuts, enough? Are these the right choice? Am I next?' " Marnick said. "But it usaally works well if the employees are inriuded in the cost cutting." But, changing the way the cty sets pay fails to address the size': of the government itself. The boom in city workers during the '90s doesn't shock anti-tax cru- sader Jon Caldara. "I'm not surprised," said Cal- dara, president of the Indepen- dente Institute in Golden. "During that time, we had a government high on cronyism and big on pork. Denver's government is unmanage- ably largo." In terms of the number of work- ers, Denver ranks as one of the fastest-growing city govermments of its kind in the country. Between 1990 and 2000, the per-capita workforce in Denver grew 8 percent - an increase that outpaced mast other rr~jor cities that combine services provided by city and county governments. The rapid growth stemmed from population increase and a. rising de- mand for services, said Browne, the city's director of finance. Denver's population jumped from 467,610 in 1990 to 554,636 in 2000 - an 18 percent increase. All those people expected more from city government. Denver boosted parks workers to match Webb's commitment to ex- tending the park system. The crowded jail requires ahigh- er staffing level to ensure the safe- ty of sheriff's deputies working there. The building department added inspectors to keep up with new con- stru~tion. To improve relations with po- lice; the city added officers to area high schools after the "Summer of Violence" in 1993, when gang shoot- ings prompted concern. The city built a new library in downtown and added branches throughout the city -prompting extra costs of hiring people to staff those branches. "The key question is, what's the appropriate level of staffing fora city?" Browne said. "No city is ap- ple-to-apple in terms of the servic- es they provide and in what the community requires." „c,. ~~, THE YA______~ pA~LY_970.949.0555/vaildaily.co St~ref - -. __ .......::runt continues Multiple shops leaving Aspen Grove building; plans in works fior replacements By Naomi Havlen S~eciAr ro r~ne Dane It's the time of year when businesses are is flux in Aspen, clearing out or arriving in time for the winter season, and swap- ping ' storefronts in the blink of an e shuffle in ------- ~ "It's the time of year when businesses play musical chairs:" Karen Setterfreld Co-OWNER. ASPEN LUGGAGE CO. ye. Nowhere. is that mor works for the empty stores: e apparent this season than i in the former Hyde Park location, the sho 's fo n a building called the Aspen Grovc on Cooper p rmer manager, Robin Snuth, will o . Avenue. Italian eatery Trattoria Poscana l pen Meridian jewelers, along with husband Kecmy c osed for good a week ago, leav- i and flspen second-home owners Laurence Finn a d ng a large empty space in n Donald Drapkin one comer of the build- ing's cou t d . And the former r yar . Around the corner, Hyde Park Chocolate Factory foca- i jewelers have cleared out t on will house an Enstrom's Almond T ff their storefront in order to e o ee shop. It will be only th s t up shop in Phoeni>c- The Rocky Mountain e fourth storefront in the ., Chocolate Factory is state for the Grand Junction-based cand a d about to leave its corner y n ic e location after 21 years for ane e cr am company. "It's the time of year w space on the Cooper Avenue mall when "businesses play . :But there are plans in the musical chairs," said Karen Setterfreld; who has Aspen worked with. local com- _ mercia] real estate for years: .She should know about musical- chairs. Asa co- .owner with the Aspen .Luggage Co.; she and part- ner Galen Bright recently closed their storefront in -the Stein_Eriksen_building next door to Aspen Grove to run a business office 9n an upstairs unit. Aspen Luggage's for= mer location on Cooper Avenue is next door to the newly emptied-out shops in Aspen Grove, though soon it will become the new location for Joan Boyce jewelers. Smith said it bothers her that many businesses cannot afford to stay in storefronts due to high rent - especially when she sees her neighbors closing or moving. Aspen Grove building- owner Frank Woods could not be reached for comment "There's no question that rents are. high, and 1'l] really utiss Toscana;' she said. "You have to make a lot of money to stay }sere, but it's the,best real-estate . in town." Friday, :October 10 2003 -Page. 613