HomeMy WebLinkAbout2003-11-18 Support Documentation Town Council Evening SessionAGENDA
EVENING MEETING
6 P.M. TUESDAY, NOVEMBER 18, 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. Lorelei Donaldson ITEM/TOPIC: Appointment of one member to the Building and
Fire Codes Appeals Board (B&FCA) (5 min.)
3. Pam Brandmeyer ITEMITOPIC: Authorization to Sign a Letter of Agreement to
Discuss and Study Consolidated Fire Services (15 min.)
4. Pam Brandmeyer ITEM/TOPIC: Park User Fee (10 min.)
Lorelei Donaldson
5. Cell Folz ITEMROPIC: Request for in-kind services to support December
Kurt Krieg 2003 Birds of Prey World Cup event in Beaver Creek (15 min.)
BACKGROUND: Since 1997 and the addition of the Birds of Prey
venue in Beaver Creek, the town has partnered with the WF, Town
of Avon, and Beaver Creek Resort Company to provide bus
transportation to the base of Birds of Prey. Notably, the most
critically important exposure came through the 1999 World Alpine
Ski Championships. The town has contributed annually "up to"
$10,000 in in-kind bus transportation each of these years. Based on
the scope of the annual event, the cost for providing this service has
varied from $14,000 to $24,000. The request for this funding will go
to the Commission on Special Events (CSE) Tuesday, November
18, at which time an endorsement from the CSE will possibly be
forwarded to Council for approval. This year in addition to the
above funding partners, ECO (Eagle County Regional
Transportation Authority) will also partner in this event.
STAFF RECOMMENDATION: Approve up to $10,000 in in-kind
bus transportation support.
6. Lynn Fritzlen ITEMITOPIC: Overview of a "multi-purposed recreational facility"
(20 min.)
7. Dwight Henninger ITEM/TOPIC: Resolution No.13, Series of 2003, First Reading
Approving The Law Enforcement Assistance Fund (LEAF) Contract
(5.min.)
8. Judy Camp ITEMITOPIC: First reading of Ordinance No.30, Series of 2003, an
ordinance making supplemental appropriations and budget
adjustments to the 2003 budget for the Town of Vail, Colorado and
authorizing the expenditures of said appropriations as set forth
herein; and setting for the details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, deny, or approve
with modifications supplemental appropriation No. 3 of 2003.
BACKGROUND RATIONALE: Certain items that could not be
contemplated at the time of the adoption of the original 2003 budget
have occurred and need to be recognized.
STAFF RECOMMENDATION: Approve/approve with
modifications the first reading of ordinance No. 30.
9. Judy Camp ITEMITOPIC: First Reading of Mill Levy Certification, Ordinance
No. 31. Series 2003 (10 min.)
BACKGROUND RATIONALE: Mill Levy assessments must be
certified to the County for collection annually; this ordinance
authorizes certification. Please note these numbers are only an
estimate. We are waiting for current information from Eagle County
for accurate numbers.
ACTION REQUESTED OF COUNCIL: approve first reading of
Ordinance No. 31.
10. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 32, Series of 2003
an ordinance providing for a major amendment of Special
Development District No. 6, Vail Village Inn, Phase I, to allow for
2,132 sq ft of GRFA for a new residence to be located above the
existing Alpenrose Restaurant. The proposal calls for taking a
portion of existing restaurant space, located on the second floor of
the restaurant, and making it part of the new proposed residence,
which will encompass a modified third floor as well, in accordance
with Chapter 12-9A-10, Vail Town Code, and setting forth details in
regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 32, Series of 2003, on first
reading.
BACKGROUND RATIONALE:
On June 9, 2003, the Planning and Environmental Commission
(PEC) unanimously approved the applicant's proposal, with one
condition related to parking for the new residential unit, which the
applicant has met. On July 15, 2003, the Design Review Board
unanimously approved the applicant's proposal.
STAFF RECOMMENDATION:
The Community Development Department recommends that the
Town Council approve Ordinance No. 32, Series of 2003, on first
reading.
11. Matt Gennet ITEMITOPIC: Second Reading of the new proposed draft of Title
11, Ordinance No. 19, Series of 2003, Sign Regulations, an
ordinance reflecting changes addressed at the Town Council's
first reading of the draft on Oct. 21 (30 min.)
Issues identified at the last meeting include, but are not limited to:
• The location and proximity of signs to surrounding signs is an
important issue and should be addressed;
• The text should not be the only aspect of a hanging/projecting
business sign that is measured;
• Window signs may be allowed up to 15 percent of the total
window area without further specification;
• Second-floor businesses should be allowed appropriately-sized
signs;
• The allowed size of business signs should not exceed that of
building signs;
• Joint directory signs should be allowed up to one square foot for
a business;
• The color of Private No-parking signs should not be regulated
strictly;
• A Temporary Site-Development sign should be removed prior to
the issuance of a TCO;
• A distinction should be made between "wind-induced movement"
and animation, in relation to prohibited signs;
• Any change in the ownership of a business should require that
non-conforming signs be brought into compliance.
ACTION REQUESTED OF COUNCIL:
A vote on the second reading of title 11, Sign Regulations, is
requested at this time.
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 previous
regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7.
The first reading of Title 11 took place on Oct. 21. Since first
reading, minor changes have been made according to the
comments solicited from Council.
12. Stan Zemler ITEM/TOPIC: Second Reading of Ordinance Series of 2003, I-70
Dwight Henninger Engine Brake Noise Ordinance No. 28, An Ordinance Prohibiting
Greg Hall the Use of Dynamic Braking Devises on a Certain Section of
Interstate Highway 70 within the Town of Vail and Setting Forth
Details in Regard Thereto. (30 min.)
ACTION REQUESTED:
• Approve/reject second reading of Ordinance No. 28.
• Provide direction to the Vail Police Department for I-70 traffic
education and enforcement to include authorization of up to
$46,000 for a one year pilot program.
• Direct the town manager to sign/modify/reject a
memorandum of understanding between the Town of Vail
and the Colorado Motor Carriers Association.
• Direct the town manager to pursue some/all of the
alternative approaches presented.
BACKGROUND RATIONALE: On Oct. 21, Council voted to '
approve first reading of Ordinance No. 28 with a provision for
second reading to be delayed to Nov. 18 to allow time for staff to
prepare and present a list of alternative approaches. Those options
include working with the Colorado Motor Carriers Association and
Colorado Department of Transportation on a series of education,
enforcement and engineering solutions, plus additional traffic
education and enforcement by the Vail Police Department.
STAFF RECOMMENDATION: Defeat second reading of Ordinance
No. 28 and direct staff to pursue alternative approaches.
13. Stan Zemler ITEMITOPIC: Town Manager's Report (10 min.)
14. Adjournment (9:00 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, DECEMBER 2, 2003, IN THE TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. ON TUESDAY, DECEMBER 2, 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.
TOWN OF VAIL
O}jtice of the Town Manager
75 South Frontage Road
Yail, Colorado 81657
970-479-2105/Fax 970-479-2157
October 29, 2003
RE: Fire Services discussion between the Town of Vail (TOV) and the Eagle River Fire
Protection District (ERFPD)
To Whom It May Concern:
The purpose of this letter is to confirm that the Town of Vail (TOV) and the Eagle River Fire
Protection District (ERFPD) agree to begin discussions concerning the viability of working
cooperatively to determine if consolidating into a single fire district is mutually beneficial. to both
entities and worthy of a future public vote for such authorization. As such, the first task before
the two entities will be to provide a service level model with cost estimates and performance
standards.
Specifically, the TOV and ERFPD will establish a process to draft and consider adoption of a fire
services agreement. This agreement would create a specific time period in which consolidated
fire services would be provided to the TOV contractually on a trial basis. This "pilot" project
would then be evaluated and both parties would determine whether to move forward with the next
step, the development of an Inclusion Agreement. Or, concurrently, the Inclusion Agreement
could be in process throughout this "pilot" project, thus allowing the TOV and ERFPD the time
and resources to explore thoroughly all aspects for consideration.
The TOV and ERFPD agree to begin immediately discussions to determine the economic
viability, level of service provided to TOV, and other pertinent issues related to this proposal.
Upon completion of these discussions, each entity shall. return to its respective .boards to
determine whether the Fire Service Agreement should be implemented. We look forward to
working cooperatively on an effort to determine the most effective and efficient manner to
provide emergency response in the upper Eagle and Gore Valleys.
Sincerely,
TOWN OF VAIL
Rod Slifer
Mayor
Stan Zemler
Town Manager
If the ERFPD agrees to the terms of this agreement, please acknowledge by signing below:
Bob McIlveen
Chairman, ERFPD
Charlie Moore
Chief, ERFPD
~,~~ RECYCLEDPAPER
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vauvnu~y
FOUNDATION
Providing leadership
in athletic, educational
and cultural endeavors
to enhance. and sustain
the quality of life in the
Vail Valley
Board of Directors
President Gerald Ford
Adam Aron
~udirh $erkowit<
Leon black
Marlene $011 -
$jorn Erik $orgen
Jame; Berry Craddock
Jack Crasby
Andrerv Daly "
Williatn Esrey
Harry Frampton, III
Stephen Friedman
Gerald Gallegos
John Garnsey
George Gillett, Jr.
Donna Giordano
Pepi Gramshmmer
Steve Habzr
Martha Head
William Hybi
Elaine Ke(run
Jack Kemp
Robert Lashhwok
Perer May "
Patricia Peeples
Fitzhugh Scott, Emeritus
George Shaeffer
Michael Shannon
Stanley Shuman
Rodney Slifer
Oscar Tang
Craig Taber -
Stewart Turley
Alberto Viler ,.
Jami?s UG'e~u
Cecilia Fol~
President
2001 Mountain Bike
World Championships'
1999 World Alpine
Ski Championships
1994 VG4rrld Mount~n
Bike Champianships
1989 World Alpine
Sk] Champumships
AE] World Forum
American Ski Classic
Citizen of ~tlie Year Awards
Edueanon Initiatives
F1S Alpine World Cup
Friends of Vai]
Gerold R. Fcn'd Amphitheater
Viler Pavilion
Jerry ~ Betty Ford ~rusens
Galf Classic
UCI Mt~unrnin Bika
World Cup
Vail Val[ey Frntndarion
Scholarship Program
Vai[ ]nternndonal
Dane¢ Fesriant
Viler Center For The Arts
P.O. Box 309
Vail, Colorado 81658
970-949.1999
Fax 970.949-9265
www.vvf,org
A Colorado 501 (c) (3)
Nonprofit Corporation
November 10, 2003
Rod Slifer
Town of Vail Councilmember
75 South Frontage Road
Vail,. CO 81657
Dear Rod:
I send you this letter per Pam's recommendation. The Vail Valley Foundation
applied via the Town Of Vail grant process for in-kind funding in the amount of
$12,OOb for the annual Birds of Prey World Cup race. We understand that in
these changing times the distribution of in-kind funding has moved from the
Town of Vail's grants to the Commission on Special Events,' and is still being
evaluated to find its appropriate channel.
With winter rapidly approaching, "the Vail Valley Foundation kindly submitted to
both the Town Of Vail and Commission On Special Events. We are not asking.
for dual grants, but are making sure that the information reaches the correct
decision making body.
Annual World Cup races further our common goal of bringing back the World
Championships in 2009. This year we are very pleased to have an amazing
television package showcasing the Vail-'Valley. Most notably, the one-hour
television show of the Men's Downhill race will air on NBC Sunday, Dec. 21St at
3pm Eastern Standard Time.
`The Town of Vail has generously granted this in-kind funding annually, and the
Town of Vail receives the appropriate associated benefits and exposure. This
donation of public transit and ADA transit service greatly benefits the
community and will help to continue the multi agency partnership between ECO
Transit, Town of Avon Transit, Beaver Creek Metro and Beaver Creek Resort
Company.
Thank you for your consideration of this grant.
Kind Regards,
~'~~-"~'
Kurt Kri
Vail Valley Foundation -
Cc: Pam Brandmeyer
R iL
November 12, 2003
To: The Town of Vail Town Council
From: Lynn Fritzlen
Re: Vail Gymnastics Facility
History of Project Development
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
The Vail Gymnastics program has been one of the Vail Recreation District's most successful
ventures. The program attracts students from Summit County to Edwards and has grown
significantly in the past five years.
FPA has been working with the Vail Recreation District on the site selection and design of a
new gymnastics facility since early 2001. This process was initiated due to the impending and
now completed sale of the Town of Vail Shops building, to the Upper Eagle Valley Water and
Sanitation District. The old Town of Vail Shops housed the Gymnastics program. The
Gymnastics program is currently located in Avon in a facility provided by Vail Resorts.
Over the course of the last three years numerous locations have been studied. The conclusion
of these studies is that the Gymnastics Center best fits on the Red Sandstone School site and
the school district is in support of this decision.
In June of this year Chuck Ogilby directed FPA to prepare schematic design for a Gymnastics
center of approximately 8600 sf over an enclosed parking structure on the Red Sandstone site.
Estimates for this facility came in between 2.1 m and 2.4m. In order to bring the construction
cost into line with available funding it was decided to eliminate the parking structure and
shrink the total square footage. In September of this year FPA revised the design and
presented the information to the Eagle County School Board. The proposal was received
favorably. Subsequently Karen Strakbein of the School District wrote a letter to the Town
Council expressing approval and a preliminary commitment of $150,000 to fund the project.
Building Program
The proposed gymnastics center is a free standing structure with an on-grade entry. The uses
are distributed between the levels as follows:
Lower Level -The lower level has an entry foyer and small reception desk for VRD to collect
fees and assist members of the public with information and forms.
Main Level -The main level has administrative offices, bathroom/changing rooms and the
gymnastics area itself.
Option Upper Level -The upper includes a viewing balcony and an exercise room for dance,
karate, aerobics or children's tumbling.
FRITZLEN
P I E R C E
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FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Traffic Impact and Parking
There are 26 existing parking spaces that are striped. Nancy Ricci, principal of Red Sandstone School
has identified 38 spaces for Red Sandstone needs. The Gymnastics Facility requires 12 parking spaces
and one drop off space. The proposed parking plan provides 57 spaces, 7 in excess of what is
required.
Red Sandstone Staff 28
Red Sandstone Visitor 10
Gymnastics Facility 12
Total Required 50
Total Proposed 57
The additional traffic impact from the Gymnastics facility on the Red Sandstone site is anticipated to be
negligible. Red Sandstone School peak traffic impact occurs in the morning and the afternoon during
student drop off. Peak impact for the gymnastics facility is anticipated to be offset from these times.
Mike Ortiz of the VRD, confirmed that 90% of their classes are scheduled from 3:00 to 9:OOpm
Monday through Thursday. Toddler classes are scheduled in the early morning from approximately
8:00 to 10:OOam. During the morning, toddlers are typically escorted by parents into the gym and
stay through the class. Mike has stated that parking needs for toddler parents is 6 to 8. Parking for staff
is 4. Parking requirements for after school hours (after 3:OOpm) will vary since most students will be
dropped off. VRD after school program parking needs are complimentary to Red Sandstone School
needs.
Funding
The following funding has been discussed to date:
$380,000 - UEVWS
$150,000 -Town of Vail
$100,000 -Town of Vail in kind contributions
$250,000 -Vail Resorts
$150,000 -Eagle County School District
$1,030,000 -Total Funding Anticipated
Other sources of funding that have been mentioned include private donations and the Vail
Recreation District.
FRITZLEN I
PIERCE
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Construction Cost
Earlier this year Fritzlen Pierce Architects requested preliminary pricing proposals from three
contractors; Viele Construction of Vail, Beck Construction of Denver and Arco Construction of
Missouri. Viele construction recently finished the Donovan Park pavilion, Beck completed the
Cancer Center in Edwards and Arco had been suggested by Rod Slifer as a reputable
prefabricated building supplier who had done work in the area. All of their proposals came in
very close to each other at about $135 per square foot. Based on that information FPA, at the
direction of Chuck Ogilby, reduced the size of the facility to meet the projected funding.
Lower Level 333 sf
Main Level 6,905 sf
Total 7,238 sf
$977,130 -Total Construction Cost 7050sf @ $135/sf:
Optional Upper Level 1540sf
$207,900 =Additional Cost 1540sf at $135sf
$1,185,030 Total Construction Cost with the optional upper level.
Construction Cost Exclusions:
Architectural and Engineering Design
Equipment and special flooring and wall finishes to be provided by VRD
Landscaping to be provided by the Town of Vail
Earth haul away to be provided by the Town of Vail
Permits and Tap Fees to be provided by UEVWS and the Town of Vail
Parking improvements to be provided by Eagle County School District
Schedule
It is recommended that he construction of the building envelope occur during the summer
months when school is not in session in order to minimize conflict with student traffic and
parking. A tentative schedule would be:
10/22/03 to 12/01/03: Finalize Design and Funding
12/01/03 to 12/30/03: Town of Vail Approvals
01/01/04 to 04/01/04: Construction Documentation
04/01/04 to 05/01/04: Construction Bidding and Negotiation
05/01/04 to 06/01/04: Pre-Construction Planning
06/01/04 to 09/01/04: Construction Exterior,Envelope
09/01/04 to 12/01/04: Construction Interior Finishes
FRITZLEN ,
P I E R C E
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FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Ownership
It is assumed at this time that the Town of Vail will build the facility and own it. An operating
agreement with the Vail Recreation District for the use of the facility will be executed upon
completion. The school district has requested a joint use agreement to address a number of
issues including parking.
FRITZLEN
P I E R C E
Action Items for the Town Council
• Approve the proposed funding, budget and schedule for the Gymnastics Facility Construction.
• Inform other contributing entities of the project status.
• Allow the Gymnastics facility as proposed to proceed through the planning and design review
process.
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RESOLUTION N0.13
Series of 2003
A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF)
CONTRACT #L-48-04
WHEREAS, the Town of Vail, on behalf of the Vail Police Department, has
submitted an application to the Colorado Department of Transportation, Office of
Transportation Safety for funding a LEAF project for the enforcement of laws pertaining to
driving under the influence of alcohol or other drugs, pursuant to § 43-4-401 through 404,
CRS and to LEAF Rules at 2 CCR 602.1; and
WHEREAS, the State has approved an application and has prepared a LEAF
Contract which provides $22,000; and
WHEREAS, the Town of Vail has the authority and responsibility to fund the Vail
Police Department and to sign contracts on behalf of the Vail Police Department; and
WHEREAS, a resolution by the Town of Vail formally approving the LEAF Contract
and authorizing the proper signature to be affixed to the Contract indicating such approval
is required by the State of Colorado.
NOW, THERFORE, BE IT RESOLVED by the Town Council of the Town of Vail,
that:
1. the Town Manager of the Town of Vail is hereby authorized to enter into an
agreement that provides for cone-year LEAF contract that provides $22,000.00 to be used
for labor and equipment to enforce the laws pertaining to driving under the influence of
alcohol or other drugs on behalf of the Town of Vail.
INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of November,
2003.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 13, Series of 2003
MEMORANDUM
To: Town Council
From: Judy Camp
Date: November 13, 2003
Subject: Supplemental Appropriation #3 of 2003
I am attaching detail for the third supplemental appropriation of 2003 that you will be
asked to approve on first reading on Tuesday. Most of the expenditures are funded from
unbudgeted revenue or expenditure reductions in other areas. Overall the revenue budget
is increased by $328,768 and the expenditures budget is increased by $437,529.
The four items without other funding are 1.) new Ford Explorers for the Police Chief and
Town Attorney to replace the existing leased SAAB's (police patrol vehicles were
included in the second supplemental); 2.) new vehicles for admin 'and community
development to replace existing SAAB's; 3.) the assessment for capital repairs and
improvements on town-owned office space at Village Inn Condominiums; and 4.) the
renovation of the Council Chamber Sound System.
Sales from Resale Fees
In the 2"d supplemental, funds were reduced in the Buy Down program to fund Middle
Creek plan review fees. These funds have been returned to the Buy Down program by
recognizing the collections of Resale Fees. These fees also offset additional Middle
Creek plan review fees and design fees for the temporary facility for the Children's
Garden of Learning.
Vail Resorts Development Review Process Agreement
This agreement provides funding for additional resources during the high-volume time
period of the Lionshead redevelopment. Two employees, a partially funded project
engineer in the Capital Projects Fund and a Community Development Intern in the
General Fund, have been hired to date and will be funded from this agreement in 2003.
Upon approval of this supplemental, we will sign this agreement.
Console Equipment and Furniture for 911 Up rg ade
This item was included in the Dispatch Services Fund in the second supplemental. It has
now been moved to the Capital Projects Fund because it is an improvement to a TOV-
owned facility for which the Dispatch Services user agencies pay rent. The salary and
benefits budget for the Police Department has been reduced by a corresponding amount,
which will be realized from keeping budgeted positions open during the year. These
positions were kept open for cadets attending the Police Corps Academy in Golden,
which is paid for by the Federal Government. Finally, the salaries and benefits line in
Dispatch Services has been restored to the amount that should have been budgeted
originally to include the systems engineer that is fully-funded by the E-911 Authority
Board.. The net impact on the supplemental appropriation is zero, but funds have been
shifted from the General Fund to the Capital Projects Fund to support this expenditure.
Police Department Grants
Grant revenue and related expenditures for four police department grants are recognized.
They include a Drug Task Force Grant that was renewed for an additional year in July; a
pass-through grant for a TOV officer who is currently providing training at the Police
Academy in Golden; the 2003 portion of the CDOT Underage Drinking Grant; and the
2003 portion of a $2,000 grant for youth activities.
Police Volunteer Program
The Vail Police Department has a long history of using volunteers who are considered to
be either episodic, e.g., available for only a certain time of the year or a certain event, or
long-term. Long-term volunteers contribute 20 hours or more a month on a regular basis.
It is difficult to recruit and retain volunteers to this program when we compete directly
with other organizations that are able to provide volunteer incentives. Joe Russell,
Administrative Commander of the Vail Police Department, would like to formalize a
program to provide recognition, professional development, uniforms, etc. for the Vail
Police Volunteer Program. Funding of approximately $3,000 is available from the
proceeds of the annual police auction, which is organized by the volunteers to dispose of
unclaimed lost and stolen goods. Since the volunteers have taken over the annual police
auction, revenues from the auction have increased significantly. Auction revenue and
volunteer program expenditures are included in the supplemental appropriation.
Manhole Covers
Neither the .revenue nor costs associated with the sale of Vail's signature manhole covers
has: been included in the budget previously. This .supplemental recognizes both with the
net amount budgeted as an expenditure for the Art in Public Places Program.
Staff Version 1
Proposed Supplemental Appropriations and Badget Adjustments #3 of 2003
Revenue Expenditure
Increase Increase
Description (Decrease) (Decrease) Reason
Capital Projects Fond
Project Budgets Amended 2003
Shared Project Reimbursements 51,787 Timber Ridge costs reimbursed from bond proceeds
Professional fees 36,787 Timber Ridge costs reimbursed from bond proceeds - $15K budgeted
Shared Project Reimbursements
Streetscape Salaries & Benefits
Sales-Resale Fees
Buy-Down Program
Middle Creek Plan Reviews
Childrens Garden of Learning
Communications Equipment
Building Repairs & Maintenance
Capital Outlay-vehicles
Captial Outlay-vehicles
Captial Outlay-equipment
Subtotal Capital Projects Fond
RETT Projects Fond
Manhole Cover Sales
Shipping Revenue
Shipping Expenses
Manhole Cover Expenses
AIPP Special Programs & Events
.Subtotal RETT Projects Fend
General Fend
Shared Project Reimbursements
Com Dev Salary & Benefits
7,425 Reimbursement from VRI for redevelopment project resources
7,425 Project Engineer position to relieve Greg Hall for redevelopment activities
35,500
27,000 Return funds from Supp #2 to fund Middle Creek Plan Review Fees
3,500 Add'1 charges for Middle Creek Plan Review Fees
5,000 Design fees for temporary facility
69,500 Console equipment for 911 upgrade
10,200 Capital improvement assessment on Village Inn Condo
45,300 Replace Police Chief & Town Attorney SAAB's with Ford Explorers
45,300 Replace Admin &Com Dev SAAB's
17,000 Council Chamber Sound System Renovation
,-
94,712 267,012
45,000 Record revenue of manhole cover sales in '03
. 1,700 Record revenue of manhole cover shipments
1,700 Cost s to send out manhole covers
18,000 Costs for manhole covers, special petinas, and ebay sales
27,000 for additional AIPP programs, pieces & events
46,700 46,700
10,000 Reimbursement from VRI for redevelopment project resources
10,294 Intern position to relieve other staff from redevelopment projects
Supp 3 of 2003 031118 S-1 11 /13/03 1:40 PM
Proposed Supplemental Appropriations and Budget Adjustments #3 of 2003
Staff Version 1
Revenue ~ Eapenditare
Increase Increase
Description (Decrease) (Decrease) Reason
Reimbursed Shared Costs 27,674 Collections of outsourcing project reviews
Planning Reimburseable Fees 27,674 Outsourcing Project Reviews
Plan Check Fees 36,933 Plan Review Fees Vail Mtn school
Professional Fees 36,933 Hougland & Assoc, plan review Vail Mtn School
Intergovt Revenue -Fed Grants :8,000 . Funded position for Drug Task Force -second half of year
Police Investigations Salaries & Benefits 18,000 Funded position for Drug Task Force -second half of year
Intergovt Revenue -Fed Grants 12,554 CDOT Underage Drinking Program
CDOT Underage Program Costs 12,554
Project Reimbursement 75,745 Robyn Sedersen -Fetterolf funded position at Police Academy
Patrol salaries and benefits 75,745 Robyn Sedersen -Fetterolf funded position at Police Academy
Police Auction Revenue 3,000 Revenue from auction to fund volunteer program expenses
Police Volunteer Program 3,000 Revenue from auction to fund volunteer program expenses
Police Salary Savings (69,500) Salary savings from open positions to fund console equipment
Project reimbusrements/shared Costs 3,450 VRD fund raising for Skate Park
Contributions 9,117 Skate Park set up and tear down
Subtotal General Fend 187,356 123,817
Dispatch Service Farad
Salaries and Benefits 69,500 Correct budget error
Capital Outlay (69,500) Correct budget error
Subtotal Dispatch Service Fond 0 0
Total All Funds
328,768 437,529
Supp 3 of 2003 031 1 18 S-2 11 /13/03 1:40 PM
ORDINANCE N0.30
SERIES OF 2003
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL
GENERAL FUND, CAPITAL PROJECTS FUND, RETT PROJECTS FUND, AND DISPATCH
SERVICES FUND OF THE 2003 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2003 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance
No.30, Series of 2002, adopting the 2003 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain supplemental appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado,. the Town
Council hereby makes the following supplemental appropriations and budget adjustments for the
2003 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or
(reduction) of said appropriations as follows:
General Fund $ 123,817
Capital Projects Fund 267,012
RETT Projects Fund 46,700
Dispatch Service Fund 0
Total $ 437,529
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any
Ordinance 30, Series of 2003
reason he{d 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.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 18th day of November, 2003, and a public hearing shall be held on this
Ordinance on the 2nd day of December, 2003, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED
PUBLISHED in full this 2nd day of December, 2003.
Rod Slifer, Mayor
Ordinance 30, Series of 2003
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance 30, Series of 2003
ORDINANCE N0.31
SERIES OF 2003
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2003 TAX YEAR AND
PAYABLE IN THE 2004 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2003 year and payable in the 2004
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2004 fiscal year, the Town Council hereby levies a property
tax of 4.704 mills upon each dollar of the total assessed valuation of $526,797,420 for the 2003
tax year of all taxable property within the Town, which will result in a gross tax levy of
$2,478,055 calculated as follows:
Base mill levy 4.690 $2,470,680
Abatement levy .014 7,375
Total mill levy 4.704 2 478 055
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. 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.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
Ordinance 31, Series of 2003
f ~
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. 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.
F,
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 18th day of November, 2003. A public hearing shall be
held hereon on the 2nd day of December, 2003, at the regular meeting of the Town Council of
the Town of Vail, Colorado, in the Municipal Building of the Town. .
ATTEST:
Lorelei Donaldson, Town Clerk
Rod Slifer, Mayor
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
ONCE IN FULL this 2nd day of December, 2003.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance 31, Series of 2003
Rod Slifer, Mayor
2
,s~
ORDINANCE NO. 32
Series of 2003
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR
MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT
ABOVE THE RESTAURANT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, amendments to a Special Development District are permitted pursuant to
parameters set forth for such in Section 12-9A-10 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 June 9, 2003, to consider the proposed amendment in accordance with the
provisions of the Town Code of the Town of Vail and forwarded a unanimous 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 Design Review Board of the Town of Vail held a public hearing on July
15, 2003, to consider the related design review application in accordance with the provisions of
the Town Code of the Town of Vail and voted unanimously to approve the application; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, Vail Village Inn, Phase 1, complies with the review criteria outlined in
Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any
adverse effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the
appropriate parties; and
Ordinance No. 32, Series 2003
~1t
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the proposed amendments to Special Development District No. 6,
Vail Village Inn, Phase 1.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 32, Series of 2003, is to amend the Approved Development Plan for
Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of
Chapter 12-9A-10 of the Vail Town Code. The "underlying" zone district for Special Development
District No. 6 shall remain as the Public Accommodation (PA) zone district.
Section 2. Establishment Procedures Fulfilled, Planning Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been
fulfilled and the Vail Town Council has received the recommendation of approval from the
Planning & Environmental Commission for the major amendment to Special Development
District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development
district follow the procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 6
Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure
comprehensive development and use of the area in a manner that would be harmonious with the
general character of the Town, provide adequate open space and recreation amenities, and
promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special
Ordinance No. 32, Series 2003 2
t '
Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been amended because there are significant aspects of the Special Development District that
cannot be satisfied through the imposition of the standard Public Accommodation zone district
requirements.
Section 4. Development Standards, Special Development No. 6 Vail Village Inn, Phase 1
Development Plan -
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1,
shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated May 27,
2003, and stamped approved by the Town of Vail, dated June 9, 2003:
a. A200. Lower Level Plan
b. A201. Levels 1 & 2, Floor Plan
c. A202. Level 3 Floor Plan
d. A203. Levels 4 & 5 Floor Plan
e. A204. Roof Plan
f. A301. North & South Building Elevations
g. A302. East & West Building Elevations
h. A401. Longitudinal Building Sections
Ordinance No. 32, Series 2003 3
.,.
Density-Number of Units -
The number of units permitted in Special Development District No. 6, Vail Village {nn, Phase 1, shalt
not exceed the following:
Dwelling Units - 2
Density -Gross Residential Floor Area -
The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the
following:
GRFA - 6,100 Square Feet
Density -Commercial Floor Area -
The total commercial square footage units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, shall not exceed the following:
Commercial Square Footage - 15,430 Square Feet
Parking and Loading -
The total number of parking spaces required in Special Development District No. 6, Vail Village Inn,
Phase 1, shall include two, off-site, deed restricted parking spaces for the new residential dwelling
unit located on the levels four and five above the restaurant use, as shown on the plans.
Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not 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 6. The amendment of any provision of the Town Code as provided in this ordinance
Ordinance No. 32, Series 2003 4
. 1
s
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of November, 2003 and a public
hearing for second reading of this Ordinance set for the 2nd day of December, 2003, in-the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
Ordinance No. 32, Series 2003 cJ
.~
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED thlS 2"d day of
December, 2003.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 32, Series 2003 6
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 9, 2003
SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to
Special Development District No. 6 (SDD No. 6), pursuant to Section 12-9A-10, Vail
Town Code, to allow for an addition and alteration to the Alpenrose restaurant that
includes the addition of 2,132 sq ft of residential GRFA to Special Development
District No. 6, located at 100 E. Meadow Drive, Lot 0, Block 5E, Vail Village 1St Filing.
Applicant: Ted Leach, represented by David Baum of Fritzlen Pierce
Planner: Matt Gennett
I. SUMMARY
The applicant's proposal is to convert 700 sq ft of commercial, restaurant space into GRFA,
and add an additional 1,432 of GRFA and gross square footage to SDD No. 6 to create a
residential dwelling unit above the Alpenrose restaurant space (totaling 2,132 sq ft of new
GRFA). SDD No. 6 is comprised of 3.45 acres and consists of five phases of development
in the form of the Vail Village Inn. Staff is recommending approval with conditions of the
applicant's proposal, based on the criteria established in section IX of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Ted Leach, represented by David Baum of Fritzlen Pierce, is requesting a
major amendment to SDD No. 6, Vail Village Inn, Phase I, to allow for 2,132 sq ft of GRFA
for a new residence to be located above the existing Alpenrose Restaurant. The proposal
calls for taking a portion of existing restaurant space, located on the second floor of the
restaurant, and making it part of the new proposed residence, which will encompass a
modified third floor as well. The applicant is proposing an increase in dwelling units (DU)
per acre for SDD No. 6 from an existing 12.75 DU per acre to 13 DU per acre. If approved,
the total GRFA of SDD No. 6 would increase 2,132 sq ft, from 182,325 square feet to
184,457 square feet, in the form of Unit 5, the proposed new residence. The total GRFA for
Phase I, with the approval of this proposal, would increase from 3,927 sq ft to 6,059 sq ft.
All other zoning standards, such as setbacks and site coverage, are proposed to remain the
same as existing. With the reduction of approximately 700 sq ft of restaurant space while
retaining the same seating capacity, and the addition of a 2,132 sq ft residence that is
nonexistent today, the location and number of parking spaces must be enumerated.
III. BACKGROUND
In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing
Special Development District No. 6 (SDD No. 6), Vail Village Inn. The purpose of SDD No.
6 is to assure the comprehensive development and use of an area of land in a manner that
would be harmonious with the general character of the town, provide adequate open space
and recreation amenities, and promote the objectives of the zoning ordinance of the town.
Ordinarily, a special development district will be created only when the development is
regarded as complementary to the town by the Town Council, Planning and Environmental
Commission, and Design Review Board, and there are significant aspects of the
development which cannot be satisfied under the existing zoning.
Project History
The following is a summary of the existing phases and development for the Vail
Village Inn Special Development District (SDD No. 6):
Phase I -This phase consists of the buildings located at the southeast corner of the
District. Phase I includes one residential dwelling unit approximately 3,927 square
feet in size and nine commercial/retail spaces. The original development plan for
Phase I called for 16,128 square feet of commercial space, and no GRFA. The.
Alpenrose Restaurant is part of Phase I.
Phase II -This phase consists of three residential dwelling units totaling
approximately 3,492 square feet in size and three commercial/retail spaces. Phase
II is generally located in the center of the District.
Phase III -This Phase consists of twenty-nine residential dwelling units totaling
approximately 44,830 square feet in size and six commercial/retail spaces. Phase III
is located at the northeast corner of the District.
Phase IV -This is the original and oldest Phase in the District. This Phase consists
of one residential dwelling unit approximately 5,000 square feet in size and seventy-
two accommodation units comprising approximately 16,585 square feet of floor area.
Phase IV is generally located in the northwest corner of the District.
Phase V -This Phase consists of eleven residential dwelling units and three
accommodation units totaling approximately 9,972 square feet offloor area and four
commercial/retail spaces. Phase V is located in the southwest corner of the District
at the intersection of Vail Road and East Meadow Drive.
Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to
SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs)
and 72,400 square feet of GRFA, devoted entirely to AUs in Phase IV.
Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The
amendment allowed Phase IV to be broken into two distinct and separate phases, which
were called Phase IV and Phase V. This ordinance also set the maximum GRFA for the
SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and
67,367 square feet of GRFA devoted to AUs in Phases IV and V.
Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD
No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of
124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail
Village Plaza Condominiums to be converted from commercial to residential use. The
space consists of 3,927 square feet of GRFA, and the conversion to residential use
has been completed. This ordinance also maintained the approval for a minimum of 148
AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases IV and V of SDD No. 6.
In 2000, a major amendment to Special Development District No. 6 was approved to allow
for the redevelopment of the Vail Village Inn.
Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase
II, which brought the total allowable GRFA for the entire SDD No. 6 to 121 %, or 182,325
square feet.
Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase
IV, and did not specify, in the form of a revised Approved Development Plan, the total
allowable GRFA for the entirety of SDD No. 6.
lV. ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB for compliance of proposed buildings and site planning,
and final approval by the Town Council.
Planning and Environmental Commission:
Action: The PEC is advisoN to the Town Council.
The PEC shall review the proposal for and make a recommendation to the Town Council on
the following:
^ Permitted, accessory, and conditional uses
^ Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Recommendation on development standards including, lot area, site dimensions,
setbacks, height, density control, site coverages, landscaping and parking.
Design Review Board:
Action: The DRB has NO review authority on a SDD proposal, but must review any
accompanying DRB application The DRB review of an SDD prior to Town Council approval
is purely advisory in nature.
The DRB is responsible for evaluating the DRB proposal:
- Architectural compatibility with other structures, the land and surroundings
- Fitting buildings into landscape
- Configuration of building and grading of a site which respects the topography
- Removal/Preservation of trees and native vegetation
- Adequate provision for snow storage on-site
- Acceptability of building materials and colors
- Acceptability of roof elements, eaves, overhangs, and other building forms
- Provision of landscape and drainage
- Provision of fencing, walls, and accessory structures
- .Circulation and access to a site including parking, and site distances
- Location and design of satellite dishes
- Provision of outdoor lighting
- Compliance with the architectural design guidelines of applicable master plans.
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.
Town Council:
4
Action: The Town Council is responsible for final approval/denial of an SDD.
The Town Council shall review the proposal for the following:
Permitted, accessory, and conditional uses
Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements as outlined in
Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in orderto optimize
and preserve natural features, recreation, views and function.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special development district.
- Approval of development standards including, lot area, site dimensions, setbacks,
height, density control, site coverages, landscaping and parking.
Town Council:
Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town
Council evaluates whether or not the PEC or DRB erred with approvals or denials and can
uphold, uphold with modifications, or overturn the board's decision.
V. APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18,
1986. The plan is intended to serve as a basis from which future decisions maybe
made regarding land use within the valley. The primary focus of the Vail Land Use
Plan is to address the long-term needs and desires of the Town as it matures. The
Town of Vail has evolved from a small ski resort founded in 1962 with approximately
190,000 annual skier visits and virtually no permanent residents to a community with
4,500 permanent residents. The Town is faced with the challenge of creatively
accommodating the increase in permanent residency as well as the increase in skier
visits, while preserving the important qualities that have made Vail successful. This
is a considerable challenge, given the fact that land within the valley is awell-defined
finite resource, with much of the land already developed at this juncture. The Vail
Land Use Plan was undertaken with the goal of addressing this challenge in mind.
A secondary purpose of the Vail Land Use Plan was to analyze a series of properties
owned by the Town of Vail, to determine their suitability for various types of
community facilities.
The goals articulated in the plan reflect the desires of the citizenry. The goal
statements that were developed reflect a general consensus of the comments
shared at public meetings. The goals contained in the Vail Land Use Plan are to be
used as the Town's adopted policy guidelines in the review process for new
development proposals. Staff has reviewed the Vail Land Use Plan and believes the
following policies are relevant to the review of this proposal:
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
6
2.3 The ski area owner, the business community and the Town leaders
should work together to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core /Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the
Core areas needs to be carefully controlled to facilitate access and
delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail 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.)
4.4 The connection between the Village Core and .Lionshead should be
enhanced through:
a. Installation of a new type of people mover
b. Improving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to limit commercial uses.
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.2 Quality time-share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision to the adopted Town of
Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give
guidance to the overall physical development for the Village. in addition to providing
broad design guidelines, the Guide Plan suggested specific physical improvements.
for the Village. Improvements such as new plazas, new landscape area, etc. Along
with the construction of these public improvements included proposals to complete
numerous private sector improvements. Improvements such as building additions
outdoor deck expansions, and fagade improvements. The Streetscape Master Plan
was written in part to provide clear design direction for coordinated public/private
improvements. According to the Master Plan, the purpose of the plan is to provide a
comprehensive and coordinated conceptual design for streetscape improvements
that:
1. is supported by the community;
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order
to create an excellent pedestrian experience.
Town of Vail Zoning Regulations
Staff has reviewed the Town of Vaii Zoning Regulations (Title 12, Vail Town Code).
We believe the following code sections are relevant to the review of the applicant's
request:
Section 12-2-2 DEFINITIONS:
DWELLING UNIT.• Any room or group of rooms in atwo-family ormultiple-
familybuilding with kitchen facilities designed for or used by one family as an
independent housekeeping unit. A dwelling unit in amultiple-family building
may include one attached accommodation unit no largerthanone-third (7/3)
of the total floor area of the dwelling.
Article 12-7A, PUBLIC ACCOMMODATION (PA) DISTRICT
12-7A-1: PURPOSE.•
The Public Accommodation District is intended to provide sites for lodges
and residential accommodations for visitors, together with such public and
semipublic facilities and limited professional offices, medical facilities, private
recreation, commercial/retail and related visitor-oriented uses as may
appropriately be located wifhin the same district and compatible with
adjacent land uses. The Public Accommodation District is intended to ensure
adequate light, air, open space, and other amenities commensurate with
lodge uses, and to maintain the desirable resort qualities of the District by
establishing appropriate site development standards. Additional
nonresidential uses are permitted as conditional uses which enhance the
nature of Vail as a vacation community, and where permitted uses are
intended to function compatibly with the high density lodging characterofthe
District.
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA District:
Lodges, including accessory eating, drinking, orretail establishments located
wifhin the principal use and not occupying more than ten percent (10%) of
the total gross residential floorarea of the main structure orstrucfures on the
site; additional accessory dining areas maybe located on an outdoordeck,
porch, or terrace.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA District, subject to
issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast, as further regulated by Section 12-14-18 of this
Title.
Churches.
Fractional fee club as further regulated by subsection 12-16-6A7 of
this Title.
Hospitals, medical and dental clinics, and medical centers.
Major arcade, so long as it does not have any exterior frontage on
any public way, street, walkway, or mall area.
Private clubs and civic, cultural and fraternal organizations.
Professional and business offices.
Public buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public or private schools.
Public park and recreational facilities.
Public transportation terminals.
Public utility and public service uses.
Ski lifts and tows.
Theaters and convention facilities.
Type 111 employee housing units as provided in Chapter 13 of this
Title.
12-7A-4: ACCESSORY USES:
The following accessory uses shall be permitted in the PA District:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-14-12 of this Title.
Meeting rooms.
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities
customarily incidental to permitted lodge uses.
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
12-7A-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten Thousand (10, 000) square feet of
buildable area and each site shall have a minimum frontage of thirty. feet
(30). Each site shall be of a size and shape capable of enclosing a square
area eighty feet (80) on each side within its boundaries.
12-7A-6: SETBACKS:
In the PA District, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be twenty feet (20), and the minimum rear
setback shall be twenty feet (20). At the discretion of the Planning and
Environmental Commission and/or the Design Review Board, variations to
the setback standards outlined above may be approved during the review of
exterior alternations or modifications (Section 12-7A-12 of this Article)
subject to the applicant demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation
between buildings and riparian areas, geologically sensitive
areas and other environmentally sensitive areas.
B. Proposed building setbacks comply with applicable elements
of the Vail Village Urban Design Guide Plan and Design
Considerations.
C. Proposed building setbacks will provide adequate availability
of light, air and open space.
D. Proposed building setbacks will provide a compatible
relationship with buildings and uses on adjacent properties.
E. Proposed building setbacks will result in creative design
solutions or other public benefits that could not otherwise be
achieved by conformance with prescribed setback standards.
12-7A-7: HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty
five feet (45). For a sloping roof, the height of buildings shall not exceed forty
eight feet (48).
12-7A-8: DENSITY CONTROL:
10
Up fo one hundred fifty (150) square feet of gross residential floor area
(GRFA) may be permitted for each one hundred (100) square feet of
buildable site area. Final determination of allowable gross residential floor
area shall be made by the Planning and Environmental Commission in
accordance with Section 12-7A-12 of this Article. Specifically, in determining
allowable gross residential floor area the Planning and Environmental
Commission shall make a finding that proposed gross residential floorarea is
in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations. Total density shall not exceed
twenty five (25) dwelling units per acre of buildable site area. For the
purposes of calculating density, employee housing units, accommodation
units and fractional fee club units shall not be counted towards density.
12-7A-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (65%) of the total site area.
Final determination of al/owab/e site coverage shall be made by the Planning
and Environmental Commission and/or the Design Review Board in
accordance with Section 12-7A-12 of this Article. Specifically, in determining
allowable site coverage the Planning and Environmental Commission and/or
the Design Review Board shall make a finding That proposed site coverage is
in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations.
12-7A-10: LANDSCAPING AND SITE DEVELOPMENT.
At least thirty percent (30%) of the total site area shall be landscaped. The
minimum width and length of any area qualifying as landscaping shall be
fifteen feet (15) with a minimum area not less than three hundred (300)
square feet.
12-7A-11: PARKING AND LOADING:
Off-street parking and loading shall be provided in accordance with Chapter
10 of this Title. At least seventy five percent (75%) of the required parking
shall be located within the main building or buildings and hidden from public
view. No at grade or above grade surface parking or loading area shall be
located in any required front setback area. Below grade underground
structured parking and short-term guest loading and drop-off shall be
permitted in the required front setback subject to the approval of the
Planning and Environmental Commission and/orthe Design Review Board.
12-7A-12: EXTERIOR ALTERNATIONS OR MODIFICATIONS:
A. Review Required: The construction of a new building or the alteration
of an existing building shall be reviewed by the Design Review Board in
accordance with Chapter 11 of this Title. However, any project which adds
additional dwelling units, accommodation units, fractional fee club units, any
project which adds more than one thousand (1,000) square feet of
commercial floor area or common space, or any project which has
substantial off-site impacts (as determined by the Administrator) shall be
reviewed by the Planning and Environmental Commission as a majorexterior
alteration in accordance with this Chapter and Section 12-3-6 of this Title.
11
Complete applications for major exterior alterations shall be submitted in
accordance with administrative schedules developed by the Department of
Community Development for Planning and Environmental Commission and
Design Review Board review. The following submittal items are required:
12-7A-13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Planning and Environmental Commission and the
Design Review Board that the proposed exterior alteration or new
development is in compliance with the purposes of the Public
Accommodation Zone District, that the proposal is consistent with applicable
elements of the Vail Village Master Plan, the Vail Village Urban Design
Guide Plan and the Vail Streetscape Master Plan, and that the proposal
does not otherwise have a significant negative effect on the character of the
neighborhood, and that the proposal substantially complies with other
applicable elements of the Vail Comprehensive Plan.
12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct
impacts of their development on public infrastructure and in all cases
mitigation shall bear a reasonable relation to the development impacts.
Impacts may be determined based on reports prepared by qualified
consultants. The extent of mitigation and public amenity improvements shall
be balanced with the goals of redevelopment and will be determined by the
Planning and Environmental Commission in review of development projects
and conditional use permits. Substantial off-site impacts may include, but are
not limited to, the following: deed restricted employee housing, roadway
improvements, pedestrian walkway improvements, streetscape
improvements, stream tract/bank restoration, loading/delivery, public art
improvements, and similar improvements. The intent of this Section is to only
require mitigation forlarge scale redevelopment/development projects which
produce substantial off-site impacts.
12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO
EXISTING PA PROPERTIES:
For any gross residential floor area added to a Public Accommodation zoned
property following the effective date hereof, a minimum of seventy percent
(70%) of the added gross residential floor area shall be devoted to
accommodation units, orfractional fee club units subject to the issuance ofa
conditional use permit. This limitation shall not apply to gross residential floor
area being added in accordance with Sections 12-15-4 and 12-15-5 of this
Title.
12-9A-1: PURPOSE:
The purpose of the Special Development District is to encourage flexibility and
creativity in the development of land in orderto promote its most appropriate use; to
improve the design character and quality of the new development with the Town; to
facilitate the adequate and economical provision of streets and utilities; to preserve
the natural and scenic features of open space areas; and to further the overall goals
12
of the community as stated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with the
property's underlying zone district, shall establish the requirements for guiding
development and uses of property included in the Special Development District. The
Special Development District does not apply to and is not available in the following
zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The
elements of the development plan shall be as outlined in Section 12-9A-6 of this
Article.
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverages, landscaping and parking shall be determined by the Town
Council as part of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse effects of such deviation. This determination is to be
made based on evaluation of the proposed special development district's
compliance with the design criteria outlined in Section 12-9A-8 of this Article.
12-9A-10: AMENDMENT PROCEDURES:
A. Minor Amendments:
1. Minor modifications consistent with the design criteria outlined in subsection 12-
9A-2 (definition of "minor amendment") of this Article, may be approved by the
Department of Community Development. All minor modifications shall be indicated
on a completely revised development plan. Approved changes shall be noted,
signed, dated and filed by the Department of Community Development.
2. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within or adjacent to the special
development district that may be affected by the amendment. Affected properties
shall be as determined by the Department of Community Development. Notifications
shall be postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement describing the amendment
and the time and date of when the Planning and Environmental Commission will be
informed of. the staff decision. In all cases the report to the Planning and
Environmental Commission shall be made within twenty (20) days from the date of
the staffs decision on the requested amendment.
3. Appeals of staff decisions may be filed by adjacent property owners, owners of
property within the special development district, the applicant, Planning and
Environmental Commission members or members of the Town Council as outlined
in Section 12-3-3 of this Title.
B. Major Amendments:
1. Requests for major amendments to an approved special development district shall
be reviewed in accordance with the procedures described in Section 12-9A-4 of this
Article.
2. Owners of all property requesting the amendment, or their agents or authorized
representatives, shall sign the application. Notification of the proposed amendment
shall be made to owners of all property adjacent to the property requesting the
proposed amendment, owners of all property adjacent to the special development
13
district, and owners of all property within the special development district that maybe
affected by the proposed amendment (as determined by the Department of
Community Development). Notification procedures shall be as outlined in subsection
12-3-6C of this Title.
VI.
THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW
PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of
a Special Development District is,
"To encourage flexibility and creativity in the development of land, in order to
promote its most appropriate use; to improve the design character and quality of
the new development within fhe Town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a Special
Development District, in conjunction with the properties underlying zone district,
shall establish the requirements for guiding development and uses of property
included in the Special Development District."
VII.
An approved development plan is the principal document in guiding the development,
uses, and activities of the Special Development District. The development plan shall
contain all relevant material and information necessary to establish the parameters with
which the Special Development District shall adhere. The development plan may consist
of, but not be limited to: the approved site plan; floor plans, building sections, and
elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities;
and permitted, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall
be limited to those permitted, conditional and accessory uses in the property's underlying
zone district.
The Town Code provides nine design criteria, which shall be used as the principal criteria
in evaluating the merits of the proposed major amendment to a Special Development
District. It shall be the burden of the applicant to demonstrate that submittal material and
the proposed development plan comply with each of the following standards, or
demonstrate that one or more of them is not applicable, or that a practical solution
consistent with the public interest has been achieved.
SURROUNDING LAND USES AND ZONING
Land Use Zonin
North: Mixed Use Special Development District No. 6
South: Mixed Use Public Accommodation (PA)
T4
East: Mixed Use Special Development District No. 6
West: Mixed Use Special Development District No. 6
VIII. ZONING ANALYSIS
Legal Description: Lot 0, Block 5E, Vail Village 1St Filing
Zoning: SDD No. 6, Public Accommodation (PA) District
Lot Size: 3.45 acres / 150,282 square feet
Development Standard
Density (dwelling units/acre):
Gross Residential Floor Area
Retail Area (25% of GRFA)
Site Coverage (max.):
Allowed Proposed
12.75 DUs per acre 13 DUs per acre
182,325 sq. ft. (75%) 184,708 sq. ft.
45,228 sq. ft. 44,724 sq. ft
92,036 sq. ft. or 61 % 92,036 sq. ft. or 61
Landscape Area (min.):
hardscape (20%)
softscape (80%)
Setbacks:
Front -
Side -
Rear -
Gore Creek Setback:
Parking:
Loading:
Height:
36,433 sq. ft. or 30% 36,433 sq. ft. or 30%
7,287 sq. ft (max.) 12,715 sq. ft. or 35%
29,146 sq. ft.(min.) 23,718 sq. ft. or 65%
0.4'
5'
5'
n/a
291 spaces
5 berths
77.25'
IX. CRITERIA AND FINDINGS FOR REVIEW
no change
no change
no change
no change
no change
no change
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
The applicant is proposing minor changes to the exterior of the Alpenrose that staff
believes will enhance its visual appeal and complement the architectural aesthetics of
adjacent properties. The design of the exterior modifications is sensitive to the
immediate environment and is compatible with the neighborhood surrounding the
Alpenrose. As the height, scale, bulk and mass, and architectural design of the building
will remain the same, the Design Review Board had no further comments at the
conceptual review held on May 21, 2003, other than a statement concerning the railings
15
being too thick and outdated.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Special Development District No. 6 was approved by the Town of Vail in 1976, pursuant
to Ordinance No. 7, Series of 1976. According to the Official Zoning Map of the Town of
Vail, the underlying zoning of the Vail Village Inn development site is Public
Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of
the Public Accommodation Zone District is:
to provide sites for lodges and residential accommodations for visitors, together
with such public and semipublic facilities and limited professional offices, medical
facilities, private recreation, commercial/retail and related visitor-oriented uses as
may appropriately be located within the same district and compatible with
adjacent land uses. The Public Accommodation District is intended to ensure
adequate light, air, open space, and other amenities commensurate with lodge
uses, and to maintain the desirable resort qualities of the District by establishing
appropriate site development standards. Additional nonresidential uses are
permitted as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly with
the high density lodging character of the District.
Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states,
The following uses shall be permitted in the PA District:
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
Total gross residential floor area of the main structure or structures on the site;
additional accessory dining areas maybe located on an outdoor deck, porch, or
terrace.
The applicant is not proposing any changes of use that deviate from the intentions of the
Special Development District or the PA zone district. The slight increase in density with
this proposal will not have any negative impact on the functions of the surrounding uses
and activities, provided that adequate parking is established for the residence.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
The total number of parking spaces for the entire Vail Village Inn is presently 291. At a
present total of approximately 2,540 square feet of seating floor area, the Alpenrose
Restaurant must have 21 parking spaces designated for its customers. With the
reduction of 700 square feet of seating floor area, the number of required parking spaces
for the Alpenrose is reduced to 15. Since the proposed dwelling unit is over 2,000
square feet, three (3) parking spaces are required in accordance with off-street parking
standards, bringing the total number of parking spaces for both the restaurant and
residence to 18. The applicant will be required to demonstrate the adequacy of their
parking plan.
16
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies are
relevant to the review of this proposal:
1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff believes the uses and activities proposed are in compliance with the policies, goals,
and objectives identified in the Vail Land Use Plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Vail Village Inn
development site is not located in any geologically sensitive areas or within the 100-year
floodplain.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposal does not call for any modifications that would impact natural features or
vegetation. Staff believes that the overall aesthetic quality of the community would be
enhanced by the proposed exterior changes.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The applicant is not proposing any changes that will impact vehicle or pedestrian
circulatory patterns. Staff does not believe that this criterion is relevant to this applicant's
proposal in its present form.
17
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
Staff does not believe that this criterion is relevant to this application since no changes to
the site itself or the building's footprint are proposed.
I. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
Staff does not believe that this criterion is relevant to this application as the proposal will
only affect a portion of Phase I of the Vail Village Inn development plan and does not
require any further phasing or subdividing.
X. STAFF RECOMMENDATION
Staff recommends approval with conditions of the applicant's request for a
recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6 (SDD No. 6), pursuant to Section 12-9A-10, Vail Town Code,
and the criteria listed in section IX of this memorandum, with the following condition:
1. That the applicant provides a parking plan depicting where Alpenrose's parking
spaces are on site, as well as two (2) of those required by the new residence, at the
time of the first reading of the amending ordinance to the Vail Town Council.
XI. ATTACHMENTS
A. Ordinance No. 21, Series of 2001
8. Ordinance No. 15, Series of 2000 (& Exhibit A)
C. Section 9. D. of Ordinance No. 44, Series of 1983
D. Vail Village Inn, Chapter 18.50, Special Development District 6 (SDD6)
E. Public Notice
F. Applicant's Letter of Request
G. Reduced Floor Plan & Elevations
18
Attachment: A
ORDINANCE N0.21
SERIES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW
FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an
application for a revised major amendment to Special Development District No. 6, Vail Village Inn,
Phase IV; and
WHEREAS, Daymer Corporation has submitted this new application for a major amendment
to Special Development District No. 6 in response to an alleged error in the public notification of a
previously held public hearing, and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development District, Phase IV to allow for the construction of the
Vail Plaza Hotel; and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development objectives as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application;
and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and
1
Ordinance No. 21, Series of 2001
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT: -
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 21, Series of 2001, is to adopt a revised Approved Development Plan
for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. The Approved
Development Plans for Phases I, III ~ V remain approved and unchanged for the development of -
Special Development District No. 6 within the Town of Vail, unless they have otherwise expired.
Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled, Plannin4 Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Special Develoament District No. 6
The Special Development District and the major amendment to the Approved Development Plan for
Phase IV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the -
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards -Special Development District No. 6, Yail Village Inn,
Phase IV, Vail Plaza Hotel
Development Plan-
The Approved Development Plan for Special Development Distract No. 6, Vail Village Inn, Phase IV,
Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates.
Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
A. Site Illustrative Plan
B. Site Vignettes Key Plan (noted "for illustrationyurposes only'
C. Site Vignettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
I. Level One & 1/2
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
F2. Plaza Sections (South Plaza Elevation/East Plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heights/Interpolated Contours)
X. Building Height Plan 2 (Maximum Height Above Gradellnterpofated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
3
Ordinance No. 21, Series of 2001
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvements Plan
EE. Off-site Improvements Plan
Permitted Uses-
The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section
12-7 of the Vail Town Code.
Conditional Uses-
Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning -
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
Density-- Units per Acre -Dwelling Units, Accommodation Units, & Fractional Fee Club Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units -1
Accommodation Units - 99
Fractional Fee Club Units - 50
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Density- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Setbacks--
Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'.
Height-- .
The maximum building height for Phase IV shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage--
4
Ordinance No. 21, Series of 2001
The maximum allowable site coverage for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping--
The minimum landscape area requirement for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading--
The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance.
In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other
than a tenant, occupant or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to
the approval of the Town of Vail.
Section 5. Approval Agreements for Special Development District No. 6 Phase IV, Vail
Plaza Hotel
1. That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements,
Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan
to the Town of Vail Public Works Department for review and approval, prior to application for a
building permit.
2. That the Developer submits a detailed final landscape plan and final architectural elevations for
review and approval of the Town of Vail Design Review Board; prior to application for a building
permit.
3. The SDD approval time requirements and limitations of Section 12-9A-12 shall apply to
Ordinance No. 21, Series of 2001. In addition, the phasing of the construction of the hotel shall
not be permitted.
4. That the Developer submits the following plans to the Department of Community Development,
for review and approval, as a part of the building permit application for the hotel:
a. An Erosion Control and Sedimentation Plan;
b. A Construction Staging and Phasing Plan;
5
Ordinance No. 21, Series of 2001
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
5. That the Developer receives a conditional use permit to allow for the construction of 18, Type III
Employee Housing Units in Phase IV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of
floor area.
6. That the Developer submits a complete set of plans to the Colorado Department of
Transportation for review and approval of a revised access permit, prior to application for a
building permit.
7. That the Developer meets with the Town staff to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
.second reading of an ordinance approving the major amendment.
8. That the Developer submits a complete set of plans responding to the design concerns
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12/13/99. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Review Board approval.
9. That the developer records a public pedestrian easement between the hotel and the Phase III
Condominiums and between the Phase V Building property lines. The easement shall be
prepared by the developer and submitted for review and approval of the Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy.
10. That the Developer record adeed-restriction, which the Town is a party to, on the Phase IV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked
if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions
for vehicle parking have been made to accommodate the public use of the spa. The restriction
shall be recorded prior to the issuance of a building permit.
11. That the Developer submits a final exterior building materials list, a typical wall-section and
complete color rendering for review and approval of the Design Review Board, prior to making
an application for a building permit.
6
Ordinance No. 21. Series. of 2001
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
Certificate of Occupancy.
13. That the Developer submits aroof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design of the hotel and enclosed and screened
from public view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125%
of the total cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a building permit.
15. That the Developer installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts between
pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.
16. That the Developer studies and redesigns the entrance on the north side of the hotel across from
the entrance to the Gateway Building to create a more inviting entrance or a design that redirects
pedestrians to another entrance. The final design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below
ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached
the Developer shall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight
elevator access to the lowest level of the parking structure. The revised plans shall be submitted
to the Town of Vail Community Development Department for review and approval prior to the
issuance of a building permit.
19. That the Developer, in cooperation with the Town of Vail Public Works Department design and
construct alert-turn lane on Vail Road and reconfigure the landscape island in the South
Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certificate of Occupancy.
20. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facility shall not be
7
Ordinance No. 21, Series of 2001
unduly restricted for Special Development District No. 6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facility shall only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The final determination of the use of the facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer Improvement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit.
23. That the Developer record Type III deed-restrictions of each of the required employee housing
units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary
Certificate of Occupancy.
24. That the required Type III deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership transfer with the deed
to the hotel property.
Section 6. Approval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
1, 2003, and continue diligently toward the completion of the project. If the Developer does not begin
initial construction and diligently work toward the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not 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:
8
Ordinance No. 21, Series of 2001
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any
bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 215` day of August, 2001, and a public hearing for second
reading of this Ordinance set for the 4`h day of September, 2001, 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 4`" day of
September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
9
Ordinance No. 21, Series of 2001
Attachment: B
ORDINANCE NO. 15
SERIES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE II, TO
ALLOW FOR THE CONSOLIDATION OF TWO EXISTING RESIDENTIAL DWELLING
UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Patricia and Gerardo Schroeder, as owners of the subject Phase II
property, have submitted an application for a major amendment to Special Development District
No. 6, Vail Village Inn, Phase II; and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development
Plan for the Vail Village Inn Special Development District, Phase II to allow for the consolidation
of two existing residential dwelling units; and
WHEREAS, the revised major amendment to the Special Development District is in the
best interest of the town as it meets the Town's development objectives as identified in the
Town of Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment
application; and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed
criteria for a major amendment and has submitted its recommendation of approval to the Vail
Town Council; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase II; and
1
Whereas, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase II and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
Whereas, the Vail Town Council finds that the proposed major amendment to Special
Development District #6, Vail Village Inn, complies with the nine design criteria outlined in
Section 12-gA-8 of the Town of Vail Municipal Code. The applicant, as required, has
demonstrated to the satisfaction of the Council that any adverse effects of the requested
deviations from the development standards of the underlying zoning are outweighed by the
public benefits provided or has demonstrated that one or more of the development standards is
not applicable, or that a practical solution consistent with the public interest has been achieved.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 4, Series of 2000, is to adopt a revised Approved Development
Plan for Special Development District No. 6, Vail Village Inn, Phase II. The Approved
Development Plans for Phases I, III, IV & V remain approved and unchanged for the
development of Special Development District No. 6 within the Town of Vail, unless they have
otherwise expired. Only the Approved Development Plan for Phase II is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled. Planning Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission of approval for a major amendment to the Approved Development
Plan for Special Development District No. 6, Vail Village Inn, Phase II. Requests for amendments
to the Approved Development Plan shall follow the procedures outlined in Section 12-gA of the
Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the Major Amendment to the Approved Development Plan
for Phase II are established to assure comprehensive development and use of the area in a
manner that would be harmonious with the general character of the Town, provide adequate open
space and recreation amenities, and promote the goals, objectives and policies of the Town of
2
Vail Comprehensive Plan. Special Development District No. 6 is regarded as being
complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental
Commission, and has been established since there are significant aspects of the Special
Development District that cannot be satisfied through the imposition of the standard Public
Accommodation zone district requirements.
Section 4. Development Standards -Special Development District No. 6, Vail Village
Inn, Phase II
Development Plan--
The Approved Development Plan for Special Development District No. 6, Vail Village Inn,
Phase II, prepared by Royston, Hanamoto, Back and Abey on February 12, 1976, shall be
hereby amended to include the following plan amendments prepared by Fritzlen Pierce
Architects, Inc., dated May 25, 2001 and stamped approved by the Town of Vail, dated
August 7, 2001:
A. Proposed Entry Plan;
B. Proposed Second Level Plan;
C. Proposed Third Level Plan; -
D. Proposed Roof Plan;
E. Proposed South Elevation;
F. Proposed North Elevation;
G. Proposed West Elevation.
Permitted Uses --
The permitted uses in Phase II of Special Development District No. 6 shall be as set forth in the
development plans referenced in Section 4 of this ordinance.
Conditional Uses --
Conditional uses for Phase II shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
Density- Units per Acre -Dwelling Units
The number of units permitted in Phase II shall not exceed the following:
Dwelling Units -Two
3
Density-- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage permitted
for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of
this ordinance.
Specifically:
Gross Residential Floor Area: 4,098 square feet
Commercial Floor Area: 6,473 square feet
Setbacks--
Required setbacks for Phase II shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance.
Height--
The maximum building height for Phase II shall be as set forth in the Approved Development
Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase II,
calculations of height shall mean the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or
mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved
Development Plans.
Site Coverage-
The maximum allowable site coverage for Phase II shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping--
The minimum landscape area requirement for Phase II shall be as set forth in the Approved
Development Plans referenced in Section 4 of this .ordinance.
Parking and Loading--
The required number of off-street parking spaces and loading/delivery berths for Phase II shall
be provided as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance. In no instance shall Vail Road or the South Frontage Road be used for
loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail.
The required parking spaces shall not be individually sold, transferred, leased, conveyed,
rented or restricted to any person other than a tenant, occupant or user of the building for which
the space, spaces or area are required to be provided by the Zoning Regulations or ordinances
4
"_~ _
of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces
for events or uses outside of the building, subject to the approval of the Town of Vail.
Section 5. Approval Agreements for Soecial Development District No 6 Phase II
1. The applicant shall submit a revised condominium map to reflect the approved
amendment for review and approval by town staff by no later than June 25, 2002.
Section 6.
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 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 8.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
5
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 10`" day of July, 2001, and a public
hearing for second reading of this Ordinance set for the 7" day of August, 2001, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
r' ~;it~i ~ ~.
SE~L~
<:~ ~-
~ Ludwig Kurz, Mayor
1'
ATTEST: '"~%~.`n_oRP~'~;,s>}`
'A$W:Y.uli~A4
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7`" day of
August, 2001. ~-~ +~T'""n'rfi;-c:.
~. ~
b E t~ d, Ludwig Kurz, Mayor
ATTEST:
JI~ 1~ 1~~ ,~t~
Donaldson, Town Clerk
6
-5-
subject to the issuance of a conditional use permit in accordance with
the provisions of Chapter 1S.G0 of the hfunicipal Code of the Town of
Vail.
Section 8. Accessory uses in the special district. All accessory
uses as defined in the public accommodation district, Chapter 18..22
of the I,lunicipal Code of the Town of Vail.
Section 9. Development standards. The following development
standards are minimum development standards in special districts: .
A. Lot area and site dimension.
The special district shall consist of an area totaling
4.005 .acres.
B. Setbacks
The required setbacks shall vary as indicated in the
development plan providing space for planting and an acceptable
relationship to adjacent property owners. Portions of commercial
space may abutt the south property line.
C. IIci6ht
It is the intent of the Town Council that the height limits
and ranges of the buildings constructed within special development
district #6 should be as low as possible and as outlined on development
plan and model of Gordon R. Pierce, Architect. In no event shall the
average height of the buildings constructed in special development
#G exceed 45 feet. At the level of detail presently available to the
Town Council, it is not realistic to tie down a precise maximum
elevation. The final designs with regard to elevation will depend upon
further detailed study and projection of the building mass on to photos
of the actual site condition. It is the intent of this ordin-ante that
the height massing of the building developed in special development
district #G maintain the quality and feeling of Vail Village along );a.st
A4eadow Drive and that two story elevations are the predominent height.
This two story elevation height can vary upward or downward by half a
level.
D. Density Control. The gross residential floor area devoted
to accommodation units shall exceed the gross residential floor area
devoted to dwelling units. For all phases of the development, the
following standards shall apply:
-1
Attachment: C
Phase
II
III
IV
V
-G-
Dwelling or ,
Accommodation Units GRFA
4 3,315
29 dwelling 44,830
185 accommodation 74,470
3 employee units .2,700
10 dwelling 16,585
3 employee units .1,000
Pha.~e Commercial space/square feet
I 1G,128 square feet
II 6,473 " "
III 10,G00 "
IV 19,800 " „
V 6,850 "
Total commercial space 54,851 "
Convention space = Total 1G,G11 square feet.
E. Building Bulls Control. Building bulls control maximum wall
length, maximum dimensions for building elements requirements for wall
offsets and vertical stepping of roof lines shall be indicated on the
model of the approved development plan, by Gordon R. Pierce, Architect.
F. Site Coverage. The site area to be covered by the buildings
shall be as generally indicated on .the development plan, but in no case
shall it exceed 55 percent of the total site area,
G. Usable open space. Usable open space shall be provided as
required in public accomrodation district Chapter 18.22 of the Vail
Municipal Code.
ft. Landscaping and site development. At least thirty percent
of the total site area shall be landscaped a.nd plaza area. Landscaping
and other site developments shall observe the landscaping concept as
indicated in the approved development plan.
I0. Parking and loading.
1. Parking and loading shall be provided as set forth on
the approved development plan. There shall be no less -than 350 spaces
withi^ the main building or buildings.
Attachment: D
VAIL VILLAGE INN
Chapter 18.50
SPECIAL DEVELOPMENT DISTRICT 6 (SDD6)
Sections:
18.50.010 Established
18.50.020 Purpose
18.50.030 Development Plan--Approval Procedure
18.50.040 Development Plan--Contents
18.50.050 Permitted Uses
18.50.060 Conditional Uses
18.50.070 Accessory Uses
18.50.080 Development Standards
18.50.090 Lot Area and Site Dimensions
18.50.100 Setbacks
18.50.110 Distance Between Buildings
18.50.120 Height
18.50.130 Density
18.50.140 Building Bulk
18.50.150 Coverage
18.50.160 Open Space
18.50.170 Landscaping and Site Development
18.50.180 Parking and Loading
18.50.190 Fireplaces
18.50.200 Conservation Controls
18.50.210 Recreational Amenities Tax
18.50.220 Limitation on Existence
18.50.230 Amenities
18.50.010 Established
Pursuant to the provisions of Chapters 18.02, 18.40 and 18.66,
as amended, Special Development District 6 (SDD6), a Special
Development zone district, is established for the development
on a certain parcel of land comprising 3.455 acres in the Vail
Village area of the town, and the zoning ordinance and the
official zoning map are amended by the addition of this
chapter, which shall become. Chapter 18.50, the caption of which
shall be "Special Development District 6" and a map which shall
become an addition to the official zoning map.
(Ord 7, 1976; Ord 8, 1973)
18.50.020 Purpose
A Special Development District is established to assure
comprehensive development and use of an area in a manner that
would be harmonious with the general character of the Town,
provide adequate open space and recreation amenities, and
SDD6
promote the objectives of the zoning ordinance of the town.
Ordinarily, a special development district will be created only
when the development is regarded as complementary to the town
by the Town Council, Planning and Environmental Commission, and
Design Review Board, and there are significant aspects of the
development which cannot be satisfied under the existing
zoning. (Ord 14, 1987; Ord 7, 1976; Ord 8, 1973)
18.50.030 Development Plan--Approval Procedure
A. The development plan for the Vail Village Inn, which is
part of its application, shall be incorporated by
reference, and made a part of Special Development District
6 and constitutes a general plan and guide for development
within the special development district.
B. Amendments to the approved development plan which do not
change its substance and which are fully recommended in a
report of the Planning Commission may be approved by the
Town Council by resolution.
C. The environmental impact report and a supplemental report
for each phase of construction which shall be submitted to
the zoning administrator in accordance with Chapter 18.56,
prior to the commencement of site preparation, building
construction, or other improvements of open space. Each
phase of the development shall require review and
recommendations of the Planning Commission and approval by
the Town Council.
D. Each phase of the development shall require the prior
approval of the Design Review Board in accordance with the
applicable provisions of Chapter 18.54. Each phase shall
be reviewed by an outside consultant at the expense of the
developer, who shall give their recommendations to the
Design Review Board. The development plan shall be
amended to reflect architectural detail of each phase.
(Ord 7, 1976; Ord 8, 1973)
18.50.040 Development Plan--Contents
The proposed development plan shall include, but is not limited
to, the following data as amended by exhibits provided by
consultants Roystson, Hanamoto, Beck and Abey, on February 12,
1976:
A. Existing and proposed contours after grading and site
development having contour intervals of not more than two
feet and preliminary drainage plan. Supplemental
documentation of proposed contours and drainage shall be
submitted to the zoning administrator with the plans for
each phase of the development.
SDD6
B. A site plan, at a scale of one inch equals forty feet or
larger, showing the locations and dimensions of all
buildings and structures, uses in the buildings, and all
principal site development features such as landscaped
areas, recreational facilities, pedestrian plazas and
walkways, service areas, driveways, and off-street parking
and loading areas.
C. A preliminary landscape plan, at a scale of one inch
equals forty feet or larger, showing existing landscape
features to be retained or removed, and showing proposed
landscaping and landscaped site development features such
as outdoor recreational facilities, bicycle paths, trails,
pedestrian plazas and walkways, water features, and other
elements.
D. Schematic building elevations, sections and floor plans,.
at appropriate scales, in sufficient detail to determine
floor area, general circulation and use location, and
general scale and bulk of the .proposed development.
.Specific detail for these items and the appearance shall
be submitted on a phase basis.
E. For Phases I, II, and III, a volumetric model as amended
by consultants Royston, Hanamoto, Beck and Abey on
February 12, 1976 of the site and proposed development
documented by photographs at a scale of 1 inch equals 16
feet or larger, portraying the scale and relationship of
those phases of the development to the site and
illustrating the form and mass of structures in said
phases of the development. For Phases IV and V, a
volumetric model as amended by Gordon Pierce, Architect,
of the site and the proposed development at a scale of 1
inch equals 20 feet, portraying the scale and relationship
of the development of Phases IV and V, to the site and
illustrating the form of mass of structures in said phase.
F. A phasing plan of the proposed development indicating
order and general timing of construction phases, amenities
and proposed interim development. (Ord 14, 1987; Ord 7,
1976; Ord 8, 1973)
18.50.050 Permitted Uses
The permitted uses in Phases I, II, III, IV and V of Special
Development District 6 shall be in accordance with the approved
development plans on file in the Town of Vail Community
Development Department. (Ord 14, 1987, Ord 7, 1976, Ord 8, 1973
S DD6
18.50.060 Conditional Uses
Conditional uses for Phases I, II, .III, IV and V of S e '
Development District 6 shall be as found in Section 18.22x030
of the Vail Zoning Code and as below:
A• A popcorn outside vending wagon that conforms in
appearance with those existing in Commercial Core I and
Commercial Core II. Except, no office uses except those
clearly accessory to a principal use will be allowed on
the Plaza level of Phases IV and V. (Ord 14, 1987; Ord 22,
1983; Ord 7, 1976; Ord 8, 1973)
18.50.070. Accessory Uses
All accessory uses as defined in the Public Accommodation zone
district, Section 18.22.040, shall be permitted in SDD6. (Ord
7, 1976; Ord 8, 1973)
18.50.080 Development Standards
The development standards set out in Sections 18.50.090
18.50.230 are minimum development standards in Special through
Development District 6. (Ord 7, 1976; Ord 8, 1973)
18.50.090 Lot Area and Site Dimensions
i
F.
f:
T e special district shall consist of an area totalling 3.455
acres as specified in Section 18.50.010. (Ord 7 ~
1973) f
1976; Ord 8, [
18.50.100 Setbacks
The re r
gaited setbacks shall vary as indicated in the II'
development plan, providing space for planting and an I
acceptable relationship to adjacent properties. Portions of
the commercial space may abut the south property line. (Ord 7,
1976; Ord 8, 1973)
i
18.50.110 Distance Between Buildings
f
For Phases I, II, and III the minimum distance between f
buildings on adjacent sites shall be as indicated in the
development plan, but in no case shall be less than 50 feet.
For Phases IV and V, the minimum distance between buildin s o
adjacent sites shall be as indicated in the development plan as
submitted by Gordon Pierce, Architect,
1987, revised April 14 and April 17, 198d~ted February 19, i
(Ord 14, 1987; Ord 7, 1976; Ord 8, 1973) ~
SDD6
18.50.120 Height
A. For Phases I, II, and III the allowable heights shall be
as found on the development plan, specifically the site
plan and height plan dated 3/12/76.
B. For Phases IV and V, the maximum building height shall be
as set forth in the approved development plan by Gordon
Pierce, Architect (dated February 19, 1987, revised April
14, and April 17, 1987).
(Ord 14, 1987; Ord 7, 1976; Ord 8, 1973)
18.50.130 Density
The Gross Residential Floor Area (GRFA) of all districts in the
Special Development District shall not exceed 120,600 square
feet. There shall be a minimum of 148 accommodation units and
67,367 square feet of GRFA devoted to accommodation units in
Phases IV and V of Special Development District 6.
18.50.140 Building Bulk
Building bulk, maximum wall lengths, maximum dimensions for
building elements, requirements for wall offsets and vertical
stepping of roof lines for Phases I, II and III shall be
indicated on the development plan submitted by consultants,
Royston, Hanamoto, Beck and Abey on February 12, 1975. For
Phases IV and V, building bulk, maximum wall lengths, maximum
dimensions for building elements,.requirements for wall offsets
and vertical stepping of roof lines shall be as indicated as
per the approved development plans submitted by Gordon R.
Pierce, architect (dated February 19, 1987, revised april 14
and April 22, 1987). (Ord 14, 1987; Ord 7, 1976; Ord 8, 1973).
18.50.150 Coverage
The site area to be covered by buildings shall be as generally
indicated on the development plan, but in no case shall exceed
fifty-five percent of the total site area. (Ord 7, 1976; Ord 8,
1973)
18.50.160 Open Space
Useable open space shall be provided as required in the public
accommodation district, Section 18.22.120. (Ord 7, 1976; Ord
8, 1973)
18.50.170 Landscaping and site development
At least thirty percent of the total site area shall be
landscape and plaza area. Landscaping and other site
development shall observe the landscaping concept as indicated
in the approved development plan. (Ord 7, 1976; Ord 8, 1973)
18.50.180 Parking and Loading
Following the completion of Phases IV and V, there shall be not
less than 12 surface parking spaces, 324 underground parking
spaces, and 37 underground valet parking spaces as are existing
and as provided on the development plan submitted by Gordon R.
Pierce, Architect (dated February 19, 1987). The proposed site
plan dated February 19, 1987 reflects the interim parking plans
between the development of Phases IV and V.
(Ord 14, 1987; Ord 7, 1976; Ord 8, 1973)
18.50.190 Fireplaces
Fireplaces shall not be permitted in individual accommodation
units. (Ord 7, 1976; Ord 8, 1973)
18.50.200 Conservation Controls
Developer shall include in the building construction, energy
and water conservation controls as general technology exists at
the time of construction. (Ord 7, 1976; Ord 8, 1973)
18.50.210 Recreational Amenities Tax
The recreational amenities tax due for the development within
SDD6 under Chapter 3.20 shall be assessed at a rate not to
exceed seventy-five cents per square foot of floor area and
shall be paid in conjunction with construction phases and prior
to the issuance of a building permit. (Ord 7, 1976; Ord 8,
1973)
18.50.220 Limitation on existence
Prior to the adoption of the approved development plan, the
Town Council reserves to the Town the right to abrogate or
modify Special Development District 6 for good cause through.
the enactment of an ordinance; provided, however, that in the
event the Town Council finds it to be appropriate to consider
whether to abrogate or modify SDD6, the procedures shall be in
accordance with Chapter 18.66. (Ord 7, 1976; Ord 8, 1973)
J
SDD 6
18.50.230 Amenities
A. The developer shall provide in its approved development
plan a bus shelter of a design and location mutually
agreeable to the developer and the Town Council. The
shelter to serve the area generally.
Attachment: E
Lynn Fritzlcn, r~l:~\, Archil.e=c:1.
tiVilliarn F. Pit:recr; ,~rcF~ite.~cr
Thomas 11.. C).a Bois, -\a:iiiLircl
Ste~:harti~~ Lord-Jol~tnson,An:hitecC
David BawYt,:~,rclr,Lf:c't
Kathy I-ifslin a, Business ;~,~lart~:it;~~r
March 18, 2003
Unit 5
Vail Village Plaza Condominium
(Alpenrose Restaurant)
Adjacent Property Owners:
Josef Staufer
702 Sandy Lane
Vail, CO 81657
Luke Meyer
813 Potato Patch Dr.
Vail, CO 81657
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Hanlon Family Partnership
385 Gore Creek Drive
Vail, CO 81657
Bill Rey
c/o Clagett Rey Gallery
100 E. Meadow Dr.
Vail CO 81657
Waldir Prado
950 Red Sandstone Road
Vail, CO 81657
Johanas Faessler
do Sonnenalp Hotel
82 E. Meadow Dr.
Vail, CO 81657
Village lnn Plaza Condominium Association
c/o Peak Properties
100 Lionsridge Loop, Suite 3A
Vail, CO 81657
Talisman Condominium Association
62 E. Meadow Dr.
Vail, CO 81657
Red Sands Corporation
C/o Vail Home Rentals, Inc.
143 East Meadow Drive. Suite 397
Vail, CO 81657
FRITZLEN I t'>50 Last: Vail Vailley Drive, Fallridgc (:~-1,
PIERCE Frail, CUIGR]CIC) ~i l (i57
r-: ~~-t~.~-E~.-~~tc,l
[: inft~(:;~~•ailarrhite:cas.c,om
-•°~,-.<-• w'.4'~~.vailarchile~cts.c:z>rn
Attachment: ~
FRITZLEN
PIERCE
E
March 18, 2003
Unit 5
Vail Village Plaza Condominium
(Alpenrose Restaurant)
Description of Request
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
This Proposal involves an addition and alteration to the existing Alpenrose Restaurant in the Vail
Village Plaza Condominium. Additional enclosed dining space will be created on the west portion of
the south deck. The majority of the south deck will be maintained for outdoor dining while the north
deck remain for outdoor dining.
The south expansion of the restaurant will be primarily glass providing a strong street presence on a
year round basis.
The upper level dining space (above the bar and pastry counter) will be converted to a two story
residential dwelling unit containing 2383 sq. ft. of GRFA. This space has never been successful as a
restaurant space (or retail space for that matter) due to the fact it is two stories above the kitchen,
access is difficult for customers and staff, and the space feels isolated from the restaurant and the
street.
The Apenrose currently seats 71 customers. A redesign and expansion of the restaurant will provide
the same number of seats on the lower levels as exists now within the restaurant's three levels.
The Proposal does not deviate from the development standards of the underlying zone district.
Zoning Analysis (based on SDD #6, and Ordinance No. 15 Series of 2001 (Units 335 337))
Existi n~ Proposed
Lot Area 150,282 sq. ft. no change
Total GRFA 182,325 sq. ft. 184,708 sq. ft.
Unit 5 GRFA none 2383 sq. ft.
DU per acre 12.75 13
Site Coverage 61 % or 92036 sq. ft. 61 % or 92,212 sq. ft.
Setbacks:
Front ,4' .1
Sides 5' no change
Rear 5' no change
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Unit 5 Vail Village Condominium Zoning_Analysis Continued
Height
Parking
Loading
Commercial Area
77.25' (site max)
30.8 ' (existing Unit 5) 36.8' (proposed unit 5)
291 spaces no change in number of spaces but
conversion of restaurant space should
reduce parking requirement
5 berths
no change
25% of GRFA, or 45,228 sq. ft. 44,724 sq. ft.
FRITZLEN
PIERCE -
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s
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: November 18, 2003
SUBJECT: Second reading of Ordinance No. 19, Series of 2003, an ordinance
repealing and reenacting Title 11, Sign Regulations, and setting forth
details in regard thereto.
Applicant:
Planners:
BACKGROUND
The Town of Vail
Matt Gennett
Elisabeth Eckel
At the first reading of Title 11, Sign Regulations, held by the Vail Town Council on
October 21St, 2003, Staff was directed to return for second reading having addressed
several remaining issues, which are outlined below.
ATTACHMENTS
Ordinance No. 19
A. Draft of the proposed, amended Title 11, Sign Regulations
ADDRESSED ISSUES
At the most recent work sessions held with the Town Council on September 2"d, September
16th, and October 7th, as well as the first reading, held on October 21 St and the brief evening
session held on November 4th, 2003, a number of issues and concerns were raised by members
of the Council in relation to the format and content of the new, proposed draft of Title 11, Sign
Regulations. In previous memorandums, a comprehensive list of different issues and their
resolutions as formed by Council and Staff was included. For the sake of clarity, only the issues
addressed at the first reading on October 21St and the most recent session, on November 4th
2003 are listed below. Please note that the first issue lacks resolution.
Issue: Certain businesses in Sign District 1 lack frontage on a major
pedestrian/vehicular way. Should special provisions be made within the Code that allow
for additional orspecifically-placed signage? The following three options may be
considered as a resolution:
1. Increase the allowable area for tenant spaces in Joint Directory Signs
from one square foot to two square feet. One secfion of the Code will
need to be changed, Chapter 6, Business and Building ID Signs, to reflect
any resolution that is chosen regarding this issue.
2. Provide language that would allow businesses without frontage or
exposure to lease a small portion of wall space from the landlord/property
owner in order to place a small business (wall or projecting/hanging) sign
on a wall parallel to the major pedestrian/vehicular way that directs
people to the hidden business. A coordinated Sign Program would be
required with this alternative. Specific design criteria addressing location,
size, appropriateness, etc, would be drafted to ensure that the new policy
is not abused and will only be utilized when no other alternative is
available. Two sections of the Code will need to be changed, Chapter 6,
Business and Building ID Signs, and Chapter 8, Sign Programs, to reflect
any resolution that is chosen regarding this issue.
3. No action. One section of the Code will need to be changed, Chapter 6,
Business and Building lD Signs, to reflect any resolution that is chosen
regarding this issue. Due to this unresolved issue, no mention is made in
the attached draft of businesses without a frontage
• Resolution: ??
• Issue: The location and proximity of signs to surrounding signs is an important
issue.
• Resolution: The issue has now been addressed through an additional paragraph in
Chapter 5, Design Guidelines and Standards, that emphasizes design review;
• Issue: The text (numbers and letters) is the only aspect of a hanging/projecting
business sign in Sign District 1 that is measured (in the draft code).
• Resolution: The entire projecting/hanging business sign in Sign District 1 (excluding
three-dimensional projections, which are addressed in Chapter 5 as being subject to
Staff review) will be calculated as sign area.
• Issue: Window signs may become too large or pervasive if their size is not
regulated by more than the percentage of the total window area of a business.
• Resolution: Window signs will be allowed up to 15% of each window area (as defined
by 12" mullions) and may not be larger than six square feet per sign, per window area;
• Issue: The regulation of signage for second-floor and below-grade businesses is
unclear.
• Resolution: The sign area of second-floor and below-grade businesses will be limited
to 4 square feet, regardless of frontage, public entrances, or any other variable.
• Issue: According to current wording, joint directory signs will be required to have
one square foot of signage for each business that is represented.
• Resolution: Joint directory signs will be allowed (not required) up to one square foot
of signage per represented business;
• Issue: The regulation of the color of Private No-parking signs seems
superfluous.
• Resolution: The color of Private No-parking signs will not be regulated strictly and will
instead be regulated according to the Design Guidelines (natural colors);
2
• Issue: According to the charts in the draft code, the size of a business sign could
actually exceed that of a building identification sign.
• Resolution: The allowed size of business signs no longer exceeds that of building
signs and is limited to 50 cumulative square feet in Sign District 1;
• Issue: A Temporary Site-Development sign is not necessary after a Certificate of
Occupancy has been issued.
• Resolution: A Temporary Site-Development sign must be removed prior to the
issuance of a TCO;
• Issue: Regarding prohibited signs, a drastic difference exists between animation
and natural movement.
• Resolution: A distinction has been made between "wind-induced movement" and
animation, in relation to prohibited signs;
• Issue: According to the language regarding non-conforming signs, their
existence would be assured regardless of any change in the ownership of a business.
• Resolution: Any change in the ownership of a business that includes a change in the
name of a business or the services it offers, will require that non-conforming signs be
brought into compliance.
• Issue: The definitions section is unclear regarding the measurement of sign
area.
• Resolution: The definition of sign area now refers the reader directly to Chapter 6,
which comprehensively describes the many variables related to the. measurement of
sign area.
ORDINANCE NO. 19
Series of 2003
AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS, VAIL
TOWN CODE, TO ACCOMPLISH LONGSTANDING GOALS AND OBJECTIVES
ESTABLISHED BY THE TOWN, AND SETTING FORTH DETAILS IN REGARDS THERETO.
WHEREAS, in recent years, the sign code has been identified as being too complicated
to follow, difficult to enforce, and lacking a purpose statement; and
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 Design Review Board of the Town of Vail has held public hearings to
review the proposed amendments and has recommended approval for their adoption; and
WHEREAS, the staff of the Community Development Department of the Town of Vail
has held focus group meetings with local merchants and sign contractors, who have responded
favorably to the proposed text amendments; and
WHEREAS, the Planning and Environmental Commission of the Town of Vaii has held
public hearings on the proposed amendment in accordance with the provisions. of the Town
Code of the Town of Vail and finds that the amendment meets the following four goals:
1. Develop a clear purpose statement for the sign code.
2. Develop a new sign code, complete with graphics, for the Town of Vail that contributes to
the Town's vision statement of being the "Premier Resort Community. " Signage and
display elements should add something to the Vail experience...not detract from it.
3. Make the code easier to understand and implement.
4. Make the code easier to enforce by the Town, and;
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this text amendment at its April 28, 2003, meeting, and has submitted
its recommendation to the Town Council of the Town of Vail; and
Ordinance No. 19, Series 2003
WHEREAS, the Town Council of the Town of Vail finds that the proposed text
amendment furthers the general and specific purposes of the Sign 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; and
WHEREAS, the amendments demonstrate how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no longer
appropriate; and provide a harmonious, convenient, workable relationship among land use
regulations consistent with municipal development objectives; and
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:
Section 1. The purpose of this ordinance is to repeal and reenact TITLE 11, SIGN
REGULATIONS, VAIL TOWN CODE. TITLE 11, SIGN REGULATIONS, is hereby repealed and
reenacted as follows in ATTACHMENT A (attached).
Section 2. 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Ordinance No. 19, Series 2003 2
Section 4. 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 5. .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.
READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON SECOND READING this 18th day of November, 2003 in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 19, Series 2003 3
Attachment: A
TOWN OF VAIL
~ ~ k °~' ~,
4a Au
TITLE 11: SIGN REGULATIONS
TITLE 11
SIGN REGULATIONS
Subject
Page
Description, Purpose, and Appficabifity ....................................................................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
CHAPTER1
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:
To describe and enable the fair
and consistent enforcement of
signs in the Town of Vail.
2. To encourage the
establishment of well-
designed, creative signs that
enhance the unique character
of Vail's village atmosphere.
3. To preserve a successful and
high-quality business
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.
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.
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.
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)
Varies according to type of sign: see
Chapter 6, Business and Building
Identification Signs
AREA, SIGN (SD 2)
Varies according to type of sign: see
Chapter 6, Business and Building
Identification Signs
BANNER, PENNANT, or BUNTING
Any temporary decorative cloth or
material 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.
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
3
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 location,
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. The promotion of any
product, political candidate, religious
leader, or commercial goods or services
secondary to the permitted event, shall
be prohibited.
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
public entrance upon a major vehicular
or pedestrian way or other major
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 first story, second story, or
other above grade business that has a
usable public entrance upon a major
vehicular or pedestrian way or other
major 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.
4
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 existing 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
Alight 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
#o 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
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, real estate listings,
entertainment options, or items related
to the advertised business: allowed at
restaurants, real estate businesses and
movie theaters only.
5
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 approved by the Town of Vail, and
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, French doors that open onto a
patio but are not used as a primary
entrance, 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
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.
6
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.
TEXT
Words and/or numbers, when used on a
sign (as defined in this title) for the
purpose of identifying or advertising a
business or location. Corporately-
registered trademarks shall count as
text, regardless of their size, location, or
any other variables.
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 wil! 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. The Design Guidelines make use
of the word "should", to allow for subjectivity
and creativity, whereas the Design
Standards make use of the word "shall",
signifying strict interpretation and
enforcement.
11-5-2: DESIGN GUIDELINES
Any sign erected within the Town of Vail
should:
A. Be consistent with the scale and
architecture already present in the Town:
sign location, configuration, design, and
size should be aesthetically harmonious
with the mountain setting and the alpine
village atmosphere of the Town.
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.
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B. Be compatible with the placement of
surrounding signs: similar signs should not
be placed within close proximity of each
other, but should instead incorporate
variety and visual interest within the "view
corridor" that they are placed. The Staff
shall review all proposed signs in the
context of adjacent signage to verify that
the sign is appropriately-placed.
C. Be composed of predominately
natural materials which may include,
but are not limited to:
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.
13
E. Use creative graphics and lettering:
the creative use of depth, relief, shading,
three-dimensional projections and other
pleasing textural qualities is generally
encouraged. The guidelines that apply to
general sign colors likewise apply to
graphics and lettering. Three-
dimensional projections shall not be
calculated as part of total sign area, but the
size, placement, and style of the projections
shall be subject to design review.
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landscaping, when appropriate, should be
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14
G. 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.
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11-5-3: DESIGN STANDARDS
Any sign erected within the Town of Vail
shall conform to the following standards:
A. Compatibility: signs shall be visually
compatible with the size of surrounding
structures and other signage and shall not
visually dominate the structure or business
to which they belong. The Staff shall review
all proposed signs in the context of adjacent
signage to verify that the sign is
appropriately-sized.
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B. Colors: fluorescent, Day-glo®
and neon colors are prohibited.
Both of these signs portray the creative
use of graphics
C. Reflective surfaces: sign surfaces
that reflect light are prohibited and
shall instead be comprised of matte or
flat finishes.
D. 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. All lighting shall be
subject to design review.
E. Sign maintenance: all signs, including
their support structures and related fix-
tures, shall be kept in good repair; this
includes replacement of lighting, re-
painting when appropriate, and other
actions that contribute to attractive
signage. The display surfaces and hard-
ware of all signs shall be properly painted,
finished, or posted at all times.The glass
surfaces on which window signs are
affixed shall be well-maintained.
Attractive and well-maintained
support system
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. 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 by the most recent
building code (IBC) at the time of
construction, as adopted by the Town of Vail
and determined by the Chief Building
Official.
H. Moving parts: signs that have, or
appear to have, moving parts (aside from
natural wind-induced movement) are
prohibited.
I. Placement on public property: 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.
J. Sign inspection: each sign for which
a permit is required shall.be subject to
inspection by the Staff.
15
CHAPTER 6
BUSINESS 8~ BUILDING IDENTIFICATION SIGNS
SECTION:
1. Sign District 1 (SD 1): Number,
11-6-1: Purpose and Description area, height, and special provisions of
11-6-2: Sign Districts Business Signs
11-6-3: Business Signs a. Projecting/Hanging and Wall Signs
11-6-4: Building Identification 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 or language that represent the business.
3
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Business Sign
16
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Attractive projecting/hanging sign
Number -one sign per public entrance.
Area -the allowable sign area of each
allowed projecting/hanging and wall sign
shall be up to six square feet and shall be
measured according to the total area of
the sign, as described in Figure 1.
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, in number and placement, for
one of the projecting/hanging signs
allowed a business, and shall be
measured according to the total size of
the text as shown in Figure 2, by a
maximum of two imaginary polygons.
Figure 1
c. Sale Signs
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Attractive sale signage
Total width = 24"
x
Total height = 18"
Total sign area = 432"
(or 3 square feet)
b. Menu Boxes (also known as Display
Boards, Display Boxes, or Special
Boards
Menu box displaying daily restaurant specials
Number -one display 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 menu box shall not extend more than
six feet from existing grade.
Special provisions -allowed at restaurants,
real estate businesses, and movie theaters
only: for the exclusive display of materials
associated with such businesses.
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 area of any window sign shall
not exceed 15% of the area of the window
in which it is placed, with a maximum size
per window sign of six square feet (6 sq.
ft.). Mullions that are more than 12" wide
shall be considered window separators,
thereby signifying a separate "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 -each sign may contain up to 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 shall be allowed only at the
public entrance of a business. Business
operation signs are intended to provide
information such as affiliations, hours of
operation, and accepted credit cards or forms
of payment.
18
f. Open/Closed signs
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A discreet two-sided open/closed sign
Number -one sign per public entrance of
a business.
Area - each open/closed sign may con-
tain up to 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. Below-grade and second-floor
businesses
Below-grade and second-floor businesses
shall be allowed one projecting/hanging
sign with a maximum area of 4 square feet
(4 sq. ft. ); location shall be subject to
design review.
Business operation sign including hours of
operation and accepted forms of payment
2. Sign District 2 (SD 2): Number,
area, height, and special provisions of
Business Signs
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 combined allowable total sign
area of projecting/hanging and wall signs
shall be based on total lineal frontage as
described in Section 11-6-3, Total
Allowable Sign Area for Business Signs.
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 measured
using a maximum of two polygonal
shapes, see 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 menu box 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 restaurants,
real estate businesses and movie theaters
only: for the exclusive display of materials
associated with such businesses.
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 - the area of any window sign shall
not exceed 15% of the area of the
window in which it is placed, with a
maximum size per window sign of six.
square feet (6 sq. ft.). Mullions that are
more than 12" wide shall be considered
window separators, thereby signifying a
separate "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.
19
e. Business Operation Signs
Number -one sign per public entrance of a
business.
Area -each sign may contain up to 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 -business operation signs
shall be allowed only at the public entrance
of a business. 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 - each sign may contain up to 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. Below-grade and second-floor
businesses
Below-grade and second-floor businesses
shall be allowed one projecting/hanging
sign with a maximum area of 4 square feet
(4 sq. ft. ); location shall be subject to design
review.
3. Sign District 2 (SD 2) Total allowable
sign area for Business Signs
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 following table;
please note that "total sign area" includes
the combined sign area of the total
number of business signs (total sign area
of projecting/hanging and wall signs) of
any one business, but does not include
sale signs, open/closed signs, window
signs, menu boxes, or business operaion
signs.
Curvilinear, circular, organic, and other
unique shapes that incorporate graphics
are encouraged.
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' 30 sq. ft.
75' - 99.99' 40 sq. ft.
100' + 50 sq. ft.
4. -Sign District 2 (SD 2): measuring
business frontage for Business Signs
Figure 3 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 3 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 3
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5. Sign District 3 (SD 3): Business Signs
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 this Title.
21
11-6-4:BUILDING IDENTIFICATION
SIGNS
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A Building Identification Sign using text only
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 in both Sign District 1
and Sign District 2 includes the total number
of its building signs, each measured
differently, according to the type of building
identification sign, and varies according to
building frontage (see following tables).
1. Sign District 1 (SD 1): Allowable Building
Identification Sign area
The linear frontage of a building shall be mea-
sured in the same manner as that of a business
(see Figure 3), 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 vehicu-
larway.
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. Sign District 2 (SD 2): Allowable Building
Identification Sign area
The linear frontage of a building shall be mea-
sured in the same manner as that of a business
(see Figure 3), 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 vehicu-
lar 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
3. Sign Districts 1 and 2: Types of Build-
ing Identification Signs
a. Freestanding Signs
Number -one freestanding sign per building
frontage on a major pedestrian or vehicular
way, with a maximum of two freestanding
signs per building.
Area -freestanding Building Identification
Signs shall be subject to the total sign area
requirements of the Building Frontage charts
listed previously and shall be measured
according to the total sign area, as shown in
Figure 1, earlier in this chapter.
Height - no part of a freestanding Building
Identification Sign shall be higher than eight
feet above existing grade.
Special provisions -Free-standing signs shall
be placed on two separate building facades
facing pedestrian 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 freestanding signs allowed.
b. Wall-mounted Signs
Number-one sign per building frontage
on a major pedestrian or vehicular way.
A maximum of two wall-mounted Build-
ing Identification signs 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 are~`tequirements of the Building
Frontage charts listed previously, and
shall be measured according to the size
of the text only, as shown in Figure 2,
earlier in this chapter.
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
Wall -mounted building identification sign
Free-standing Building Identification Sign
c. Joint Directory Signs
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Joint Directory Building Identification Sign
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, other than a
joint directory sign, shall be allowed for the
side of a building that houses a joint direc-
tory sign.
Area -each joint directory sign may contain
signage of up to one square foot per busi-
ness 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. However, the area
of the joint directory sign shall be included
in the total building identification area
allowed according to building frontage. All
joint directory signs shall be kept current
according to business turnover.
4. Sign District 3 (SD 3): Types of Building
Identification signs
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 this
Title.
24
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 special
events permit, 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
be composed of natural colors
according to Section 11-5-1-D, Design
Guidelines and Standards. Private No
Parking signs 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
25
boards and kiosks shall be constructed,
erected, and maintained by the Town of
Vail or with the permission thereof.
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
directory nameplate signs shall
be kept current.
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 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 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
26
2. Height: the top of a sign shall be 3. Number: subject to design
no higher than eight feet from review.
grade.
4. Location: location shall be
3. Number: one sign per site. subject to design review, with
approval from the Town
4. Location: awall-mounted sign Engineer for any sign placed
shall be placed parallel to the adjacent to a public street or
exterior wall adjacent to the way.
street or major pedestrian-way
which the building abuts and 5. Design: subject to design
shall be subject to design review. review.
5. Design: subject to design 6. Lighting: subject to design
review. review.
6. Lighting: not permitted. 7. Landscaping: subject to design
review.
7. Special Provisions: Temporary
Site-Development Signs shall be
removed prior to the issuance of
a temporary certificate of
occupancy.
8. Special provisions:
a. may be either freestanding or
wall-mounted, with same size
requirements.
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.
b. 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
directional sign off-site.
27
c. Area: the maximum area of 11-7-11: BALLOONS
any single sign shall not exceed All balloons, regardless of their size,
one and one-half (1'/2) square shall be subject to a special events
feet. permit.
d. Height: the height of the sign
shall not exceed five feet
from the grade at the base of the
sign.
e. The allowed signs shall only
be displayed within twenty-four
hours prior to the start of the sale
and during the period of time that
the garage or yard sale is in
progress.
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.
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.
28
CHAPTER 8
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 ordemolished/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, dedication plaques,
or tablets;
2. Notices posted by governmental
officers in the performance of their
official duties;
7. Signage and decorations related and
subject to a Special Event permit
through the Town of Vail;
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;
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);
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;
9. Signs in the I-70 right-of-way, which
are regulated by the Colorado
Department of Transportation
(CDOT); and
10. Ail 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
Animated signs that incorporate the
use of movement (aside from natural
wind-induced 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;
30
annexed territory, shall be
4. Signs that incorporate projected designated as non-conforming.
images, emit any sound which is
intended to attract attention, or
involve the use of live animals; 2. CONTINUATION OF A NON-
CONFORMING SIGN
5. Any sign advertising a business or Any sign which has been determined
service having been vacated. for 90 to be non-conforming may continue
or more days. This provision does in use and operation as a non-
not apply to permanent signs conforming sign pending the
accessory to seasonal businesses, following provisions:
provided there is clear intent to
continue operation of the business; a. Any non-conforming sign that is
not maintained, at the discretion
6. Any sign or structure that is unsafe of the Administrator and
or constitutes a hazard to safety for according to Section 11-2-1,
any reason; shall be removed by the
Administrator (Section 11-11-3)
7. Any gas-filled, illuminated or fiber and shall be replaced as a
optic sign that is visible from any conforming sign, in accordance
part of any pedestrian or vehicle with the regulations in this Title.
passageway or walkway;
b. All non-conforming signs shall be
8. Any sign or structure that obstructs brought into conformance with
ingress to or egress from a required the regulations in this Title at the
exit way, that obstructs the view of time that the represented
vehicular traffic entering or exiting a business changes ownership,
public roadway, or that creates an provided that the business
unsafe distraction for motor vehicle changes its name and/or offered
operators; services.
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 and in
accord with the Town of Vail
approval process, that does not
conform to the provisions set forth
herein (as determined by the
administrative procedure listed
below), or is located in newly
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 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
FROM: Stan Zemler, Town Manager
RE: Town Manager's Report
DATE: November 18, 2003
DONOVAN PAVILION COMMUNITY USE
The Donovan Pavilion management group and staff have met to discuss
requests for expanded community use. Please review the attached
recommended criteria for complimentary use of the facility. It is the .
staff/management recommendation that this criteria be used through December
2004 with requests evaluated on a case-by-case basis by staff/management
during this period.
UPCOMING ITEMS:
DECEMBER 2 COUNCIL AGENDAS
Work Session Agenda
^ Employee Anniversaries (30 min.)
^ Gross Residential Floor Area Discussion (45 min.)
^ DRB/PEC Update, George Ruther (10 min.)
^ Information Update (10 min.)
^ Matters from Mayor/Council. (5 min.)
Evening Session Agenda
^ Citizen Participation (5 min.)
^ First Reading of 2003 Supplemental Appropriation Budget
Adjustments, Judy Camp (10 min.)
^ ERWSD- 1st Reading, Rezoning ERWSD Property (15 min.)
^ Znd Reading, Mil! Levy Certification
^ Town Manager's Report (10 min.)
f•
~-Z10~''~~ ~'~~~1~t~~'1
v ~ ~ ~.
Criteria for Complimentary Usage
• The Pavilion will be open for community use every Monday-
Thursday from 7 am until 12 am. Friday from 7a.m. - 12 noon.
The only exception to the weekly availability for community use is
if there is a paid booking on a weekday.
Community use is identified as the following:
A) Any Vail-based non-profit organization
B) Eagle County based non-profit organization which
benefit the Vail community
C) Special consideration for US Government, State of
Colorado and government departments
D) Charitable organizations in the conduct of their
regular charitable functions and activities
E) Schools, other than schools held or conducted for
private or corporate profit
• Requests will be evaluated on a case-by-case basis
Community organizations may request usage on "Peak" days
(i.e. Friday -Sunday) These requests will be evaluated on the
Facility availability and the. date of the request (Peak season vs.
Non-Peak season). Council has previously considered a scenario
similar to Dobson.Arena, where, up to 10 Comp Days are granted
during Peak Season and up to 20 Comp days are granted during
Non-Peak Season.
For these usage days, the following fee schedule is recommended,
depending on group usage size:
Option A: Client pays $150 fee for full Facility cleaning/utilities
Option B: Client pays $75 fee for light Facility cleaning/utilities
(i.e. restrooms cleaned and floor swept)
Option C: Town of Vail absorbs all cleaning fees. There will be a
weekly fee of $125 to have the Pavilion lightly cleaned
nightly Monday-Thursday and Friday at noon.
.a
• All groups will be required to adhere to the Facility booking policies
including security deposits, catering requirements and Facility
cleaning requirements.
• Recommendation for Religious Organization use:
Incorporation of a policy of use as suggested above with caveat that
the Facility is not for denominational services. It is understood
that ample structures for religious practice are provided by the Vail
Interfaith Chapel and Beaver Creek Chapel.
• It is the staff/ management recommendation that this proposal be
used through December, 2004. Application for special Council
grants will be handled by staff/management with outcomes
reported to Council based on the above criteria until we formally
enter the budget grant cycle in summer, 2004 for 2005 allocations.
At this time, complimentary use of the Donovan Pavilion will be
included in the Council. Contributions packet for 2005.
~+ 's
DONOVAN PAVILION RATES
970-477-3699
Dates
Peak Season
Winter November 26, 2003 -April 4, 2004
Summer June 11, 2004 -September 7, 2004
Off-Peak Season
Fall September 2, 2003 -November 25, 2003
Spring April 5, 2004 -June 10, 2004
Hours
All Day Sam -12 am
Half-Day AM lam - 3pm
Half-Day PM 4pm -12 am
AM lam -11 am
Rates
Peak '03 & '04
Standard Vail Resident Eagle County Resident
Full Day (Fri-Sun) $2,525 $1,950 $2,295
Full Day (Mon-Thurs) -$1,725 $1,350 $1,575
Half-Day (Fri-Sun) $1,525 $1,175 $1,385
Half-Day (Mon-Thurs) $975 $765 $890
AM (Mon-Thurs) $450 $350 $410
Off-Peak '03&'04
Standard Vail Resident Eagle County Resident
Full Day (Fri-Sun) $2,065 $1,605 $1,881
Full Day (Mon-Thurs) $1,425 $1,125 $1,305
Half-Day (Fri-Sun) $1,245 $965 $1,133
Half-Day (Mon-Thurs) $805 $635 $740
AM(Mon-Thurs) $370 $290 $340
Prices are subject to 4.5% Town of Vail Sales Tax
EXTRA HOURS
Based on availability 14 days prior to your event, you can request an extension to your booking.
One 2 hour block can be arranged for $225. This block can be requested for either an early
start or late close.
DEPOSITS
Reservation Deposit
Security Deposit
Final Payment
50% of Usage Fee Applied towards rental and non-refundable
$500 -All Day
$300 -Half Day
$175 - AM
Due in Full 30 Days Prior to Event
11 /13/2003
TO: Town Council
FROM: Stan Zemler, Town Manager
Dwight Henninger, Chief of Police
Greg Hall, Public Works Director
Suzanne Silverthorn, Community Information Officer
DATE: November 18, 2003
SUBJECT: I-70 Impacts
1. INTRODUCTION
At the October 21 Vail Town Council meeting, a vote was taken to approve first reading
of an ordinance restricting the use of compressed engine brakes on trucks between
milepost 181.5 and 173 in Vail, except for the aversion of immediate and imminent
danger. Violators would face a fine of up to $999. The motion to approve first reading of
the ordinance also included a provision to table second reading to Nov. 18 to allow time
for town staff to prepare and present a list of alternative approaches, which is outlined
below.
2. ALTERNATIVE APPROACHES
Staff has developed a series of alternative approaches to mitigate I-70 impacts on a
short-term and long-term basis as follows:
A. Memorandum of Understanding with Colorado Motor Carriers Association
Since our last discussion, staff has met with representatives from the Colorado
Motor Carriers Association (CMCA) to draft an agreement in which the town and
the CMCA would work collaboratively on a series of education, enforcement and
engineering items to reduce noise and improve safe travel along I-70. The draft
agreement outlines 10 actions, including an overall noise monitoring program,
implementation of a temporary noise barrier program, a pilot decibel reduction
project and education. The CMCA Board supports the draft MOU and awaits
Council's consideration. A draft of the proposal is attached.
B. Traffic Education and Enforcement
With Council's support, the Vail Police Department is prepared to implement a
traffic education and enforcement program on I-70 with assistance from the
Colorado State Patrol and other parties. While current policies discourage I-70
traffic patrols by Vail officers, an analysis by Chief Henninger and his staff show
that a proactive enforcement effort will not only contribute to the overall safety of
the traveling public, but will also have a positive effect on reducing highway
noise. The impact is significant in that the Vail Police Department was called to
investigate over 95 traffic accidents involving commercial vehicles on I-70 since
1998 at an estimated cost of $30,000 in personnel time.
Therefore, staff proposes aone-year pilot program from December 1, 2003
through December 1, 2004 in which the police department would conduct traffic
enforcement on I-70 with a focus on speed and noise reduction. The program
would be funded using the $46,000 requested previously by the police
department. It would begin with a public information campaign coordinated by the
town with assistance from the Colorado Department of Transportation, Colorado
State Patrol and the Colorado Motor Carriers Association. After the media
campaign, the police department would begin conducting traffic stops on I-70
with an educational component consisting of the issuance of warnings (primarily)
coupled with a flyer distributed to the violators outlining Vail's revised
enforcement philosophy. After a period of approximately four months, the police
department would transition to a more restrictive phase whereby penalty
assessment citations would become more common. It is important to note, the
police department invests significant discretion in its officers and does not stress
the issuance of citations. The officer is given the decision-making authority as to
the most effective manner in educating the individual violator, whether by
warning or citation.
Additionally, there exists a unique enforcement opportunity regarding large
commercial vehicles within the town which deserves exploration. There is a one-
half mile section of I-70 at the base of Vail Pass within the town limits where the
speed limit for commercial vehicles (with a gross vehicle weight exceeding
30,000 pounds) is currently 35 miles per hour. The speed limit will likely change
to 45 miles per hour after I-70 construction projects cease for the winter. This
creates an opportunity to conduct speed enforcement for all vehicles entering the
jurisdiction from Vail Pass prior to reaching the more heavily populated areas of
the town.
There have been concerns as to whether Vail officers have the capability to
conduct traffic stops on commercial vehicles. Officers are currently receiving
training on how to effectively conduct these stops and enforce muffler laws.
Additionally, the department, recruits officers with good communication skills who
would have little trouble interacting with drivers of commercial vehicles.
According to Chief Henninger, officers currently make contacts with persons of
diverse cultures and backgrounds. Therefore, the department would not have to
break with its guiding philosophy of community policing or alter its recruiting
efforts to accomplish this new mission. In short, the department would not have
to recruit a "different kind" of police officer.
The effectiveness of this program would be evaluated by the reduction in noise
coming from the interstate as measured by an independent testing organization,
baseline traffic speed comparisons and by the number of traffic accidents within
the Town limits, with quarterly reports presented to the Town Council.
C. Nose Mitigation EnQineering
Staff is working on a series of activities as they relate to engineering so{utions:
• Transportation Commission Meeting, re: Locally-Funded Noise Walls
The Town of Vail will be represented during this meeting on Nov. 19. The
Transportation Commission is working to establish a policy directive for
the review, evaluation and approval of requests for the construction of
locally funded noise walls on state highways. The town's position is to
support the proposed changes.
• Noise Monitoring Technica/Assistance
2
Staff is prepared to retain third party technical assistance to develop a
baseline and ongoing monitoring program to determine and implement an
enforceable maximum noise decibel standard for all highway generated
- noise. The noise monitoring will also determine the effectiveness of the
education and enforcement approaches to noise mitigation.
• Temporary Sound Wall
Implementation of a pilot program to determine the effectiveness of noise
walls in a mountainous environment is also proposed by town staff. The
temporary demonstration program would allow the community to evaluate
the impacts and tradeoffs associated with future noise walls to determine
the overall cost-benefit prior to construction.
• Glass Wall Demonstration Project
The Town of Vail will also develop and seek federal funding and approval
for the use of European translucent sound wall technology for use in the
United States.
• 1-70 Speed Assessment
The Town of Vail is prepared to ask the Colorado of Transportation to
conduct a speed study along I-70 from mile marker 171 to 182 to begin
the process to request a reduction in the overall speed limit for all
vehicles through the Town of Vail.
• Air Rights Lease Agreement
To provide additional options for along-term noise mitigation solution,
staff recommends negotiation of a memorandum of understanding
between the Federal Highway Administration and the Colorado
Department of Transportation on the compensation of use of I-70 air
rights to determine the financial implications of a cut and cover.
3. STAFF RECOMMENDATION
Staff recommends consideration of two approaches:
A. Defeat second readinp of the engine brake restriction and direct staff to pursue
alternative approaches to include a memorandum of understanding with the
Colorado Motor Carriers Association, ayear-long pilot traffic education and
enforcement program administered by the Vail Police Department and the
Colorado Motor Carriers along with a series of steps involving noise mitigation
engineering. Should these efforts fail to meet Town Council and community
expectations, staff would then recommend reconsideration of the engine brake
restriction at a later date.
--or--
B. Approve second readinp of the engine brake restriction within the Town of Vail
limits and direct the police staff to begin enforcement at the point of adoption. Also,
pursue alternative approaches as described, where applicable.
Upon evaluation, staff recommends O tion A due to its multi-faceted and collaborative
approach in leveraging behavioral changes as well as engineering solutions to address
I-70 noise and safety issues in a methodical and comprehensive way involving all
relevant agencies. The year-long program would result in the following actions:
• Better enforcement of existing muffler law
3
• Lower speeds by all vehicles due to education and enforcement
• Opportunity to modify existing noise ordinance
• Installation of "your speed is" radar displays at mile marker 177 and 173
• Increased driver education and awareness
• Implementation of comprehensive sound monitoring program
• Completion of temporary sound wall demonstration project
• Decision on local control policies for installation of local noise walls by
Transportation Commission
• Pursuit of demonstration money for European noise wall technology with
help from state Congressional delegation
• Greater enforcement of speed reduction for all vehicles on I-70
• Coordination of decision on air lease rights with Colorado Department of
Transportation and Federal Highway Administration, re: burying I-70
4. SUMMARY
Specifically, staff will be asking the Town Council for direction on the following actions:
1) Approve/reject second reading of Ordinance No. 28, Series 2003 re:
restricting the use of engine brakes in Vail.
2) Provide direction to the Vail Police Department for I-70 traffic education
and enforcement to include authorization of up to $46,000 for cone-year
pilot.
3) Direct the Vail town manager to sign/modify/reject a memorandum of
understanding with the Colorado Motor Carriers Association.
4) Direct the town manager to pursue some/all of the alternative approaches
outlined in this overview.
Attachments
--Ordinance No. 28, Series 2003
--Draft Memorandum of Understanding between Town of Vail, Colorado Motor Carriers
--I-70 Accident Stats
4
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
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
~. N
Memorandum of Understanding
T between the Town of Vail and
the Colorado Motor Carriers Association
This Memorandum of Understanding is entered into on this day of
2003, by the TOWN OF VAIL, a Colorado municipal corporation,
hereinafter referred to as ("the TOV"), and the COLORADO MOTOR CARRIERS
Association, a Colorado non-profit corporation, hereinafter referred to as ("the CMCA").
WITNESSETH
WHEREAS, the TOV and the CMCA recognize that there are quality of life and
economic issues for Town residents and guests due to the proximity of the TOV to
Interstate 70; and
WHEREAS, the TOV and the CMCA believe it is prudent to take amulti-faceted
approach to mitigate noise and other issues through a partnership; and
WHEREAS, the TOV and the CMCA agree to move forward in the areas of
education, .enforcement and engineering to the best of their abilities and in a spirit of
collaboration and cooperation toward mitigating noise on the I-70 corridor through Vail;
and
WHEREAS, the TOV and the CMCA, working together, can employ their
combined resources to leverage Federal and State assistance toward that end.
NOW THEREFORE, the parties agree as follows:
Education
Mountain Driving Education Program
CMCA and the TOV will cooperatively work on an information program with trucking
companies utilizing the I-70 corridor to ensure safe driving. The program will emphasize
the importance of speed compliance, use of chains and the appropriate use of engine
brakes. Additional involvement by the Colorado State Patrol and Colorado Department
of Transportation will be encouraged and efforts to add a "your speed is" radar display
component to the variable message signs at mile marker 177 and 173. will be pursued by
both parties. CMCA will work with the TOV to expand its trucker education program to
include brochures, CDs and other materials which will better inform drivers on how to
safely operate through the mountains. The CMCA will assist toward the education
component and will join the TOV in working with state and federal agencies to procure
additional funding for this effort, if needed.
Enforcement
Increased Speed Enforcement
CMCA and the TOV will work together and advocate greater enforcement of existing
speed limits by the State Patrol and the Vail Police Department for all vehicles on I-70
through the area. Both parties shall make a formal request to the State Patrol for greater
enforcement activities.
Increased Enforcement of Current State Law Requiring Mufflers on Vehicles with ~ '' "
Engine Brakes
CMCA and the TOV will seek greater enforcement of the existing state law which
requires that trucks with engine brakes (fake brakes) have mufflers. This law provides a
$500 fine for any truck with an engine brake and not having a muffler. Both agencies will
ask the Ports of Entry staff at the Dumont and Loma (near Grand Junction on I-70) Ports
of Entry to strictly enforce this law. As part of this effort, town officials will seek to
effectively enforce the state law on local roadways and job sites within the TOV.
Further, CMCA and TOV will ask that roadside safety inspectors include a check of the
muffler as part of their safety reviews on trucks.
Engine Brake Muffler Legislation in Other States
The Colorado Legislature with the assistance of CMCA was the first state in the country
to pass a tough measure citing trucks without a muffler and possessing an engine brake.
CMCA has worked with its affiliates in other states for passage of a similar measure
which will further reduce the numbers of loud trucks passing through our state. Already,
Montana and Nevada have passed the same law and several other states are
considering it. As part of this agreement, CMCA agrees to work with its affiliates in other
states for the passage of this measure requiring mufflers on trucks with engine brakes.
Investigate Legislation Regarding Failure to Maintain or Alter a Muffler
Current state law provides a nominal ($15) fine for vehicles which may not possess a
muffler or have a faulty muffler, both contributing to significantly high noise levels. Under
this MOU, CMCA in conjunction with the TOV will explore the development of state
legislation which could provide for increased penalties for failure to maintain or alter a
muffler. This legislation would apply to all vehicles (automobiles, motorcycles, trucks,
etc.).
Engineering
Noise Monitoring
CMCA will seek to obtain a noise meter for the TOV to measure noise levels on I-70 as
well as within the community. TOV, with the consent of CMCA, will seek third party
technical assistance to establish baseline measurements for noise levels associated with
various types of vehicles with the intent to develop an enforceable maximum decibel
standard. The third party will also work with the TOV to ensure that staff is trained in the
proper use of such meters. In addition, the third party shall conduct scheduled noise
tests to evaluate the ongoing effectiveness of all mitigation efforts. CMCA and the TOV
agree to work on this effort and will meet with the third party to agree on the scope of
work and the duration of measurements.
Pilot Decibel Reduction Project
Using the research identified above, CMCA and TOV will jointly evaluate whether a
maximum decibel standard for all vehicles passing through Vail could be developed
based on noise standards for trucks and other vehicles. Any decibel-oriented ordinance
would apply to all vehicles on the corridor.
Temporary Noise Barriers
TOV and CMCA will explore the use of temporary noise barriers (trailers) as a 30-day
experimental program to measure noise reduction impacts prior to construction of
permanent noise barriers. This program will use the T-Rex noise abatement actions as a
model. CMCA will seek the necessary trailers for this project. The TOV will assume
liability for these trailers while in use during the experiment.
2
Noise Wall Funding
CMCA will work with TOV to begin discussions with state and federal officials to seek
funding for a phased noise wall program. CMCA along with TOV officials will meet with
state and federal officials to explore various avenues for funding.
National Research
CMCA agrees to pursue with the American Trucking Associations a study on overall
noise levels associated with trucks and measures that may be taken to mitigate such
noise.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be made the day and year first above written.
Colorado Motor Carriers Association
A Colorado non-profit corporation
TOWN OF VAIL, a Colorado
municipal corporation
Gregory D. Fulton, President
Stan Zemler, Town Manager
3
I-70 Accidents (mm 172 -1821
~ _ _..
# o€Accidents
ou I-70
# of In'uri~s~ ~
#af E'atalities
Total Accidents
itt VaiY~
I-78 Accidents.
Bfo of'T~tBI
1998 125 39 1 702 18
1999 l0I 25 3 631 16
2000 121 27 0 658 18
2001 112 21 1 650 17
2002 107 20 2 638 17
2003 104 7 1 448 23