HomeMy WebLinkAbout2011-01-04 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA "fi TOW VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JANUARY 4, 2011 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 (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report: Revenue Update; Attached - Kathleen Halloran (5 min.); Sales Tax Update /Short term rental -by- owners; verbal update - Judy Camp (5 min.); Comcast Franchise Renewal Update; verbal update - Matt Mire (5 min.) PRESENTER(S): Judy Camp, Kathleen Halloran and Matt Mire 3. ITEM /TOPIC: Resolution No. 1, Series of 2011, Posting of Notices for 2011 (5 min. ) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve Resolution No. 1, Series of 2011 BACKGROUND: Each year the town is required to desginatie official posting locations for public meetings. STAFF RECOMMENDATION: Approve Resolution No. 1, Series of 2011 4. ITEM /TOPIC: Annual appointment of Newspaper of Record for 2011 for the Town of Vail. (5 min. ) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint a newspaper of record for the year 2011. BACKGROUND: Each year the Town of Vail puts out a Request for Proposal (RFP) letters to local newspapers of interest so the town can appoint an official newspaper of record for the Town of Vail. The Town of Vail received one response from the Vail Daily. Staff requestes the town council appoint the Vail Daily as the newspaper of record for 2011. The proposed fee schedules are attached for the town council's consideration. 1/4/2011 The classified advertising and legal publications fees have stayed the same as 2010 and the display advertising fee has increased approximately 3% to 8% from the 2010 fees. STAFF RECOMMENDATION: Appoint the Vail Daily as the newspaper of record for the Town of Vail for 2011. 5. ITEM /TOPIC: Commission on Special Events and Vail Local Marketing District Advisory vacancy appointments. (10 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint three members to the CSE and appoint four members to the VLMDAC for two year terms each. Adam Sutner is currently the Vail Resorts Inc. representative on the VLMDAC and can be re- appointed for another two year term, leaving three additional vacancies to be filled on the VLMDAC. BACKGROUND: The council interviewed each applicant at the work session and should fill the vacancies at the evening session. STAFF RECOMMENDATION: Appoint three members to the CSE and four members to the VLMDAC to each board for two years. 6. ITEM /TOPIC: Ordinance No. 2, Series of 2011, an emergency ordinance amending Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency. (30 min.) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 2, Series of 2011. BACKGROUND: On December 7, 2010, Staff facilitated a discussion with the Vail Town Council regarding the Town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Vail Town Council instructed Staff to draft an emergency ordinance to allow directional signage for public parking on private property. STAFF RECOMMENDATION: Should the Vail Town Council wish to allow informational and directional signage for public parking on private property, Staff recommends that the Vail Town Council approve Ordinance No. 2, Series of 2011. 7. ITEM /TOPIC: Recommendation to Amend Village Camera Policy to Allow Recording. (30 minutes) 1/4/2011 PRESENTER(S): Craig Bettis, Dwight Henninger, Ron Braden ACTION REQUESTED OF COUNCIL: Approve as recommended, modify, or make no changes in the policy regarding recording of the cameras in Vail Village. BACKGROUND: Effective July 21st, 2009, six live -feed, non - recording cameras were put in place to help enhance the efficiency of loading and delivery in the Vail Village. The Vail Police Department considers this technology to be a vital crime fighting tool that will improve the Department's ability to create a safer community. This allows for the Department to prevent and detect public safety emergencies, criminal conduct, and assist investigations and legal proceedings. The Vail Police Department is committed these goals without compromising the publics right to privacy. STAFF RECOMMENDATION: Staff recommends to record and retain the camera feeds for a period of seven days, unless a criminal or Town liability incident is captured on the camera recordings, in which case the recordings will be retained as required by the Colorado Public Records laws. 8. ITEM /TOPIC: Second reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. (15 minutes) PRESENTER(S): Bill Gibson, Planner and David Kelley, Rodney Sartain Architects ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 22, Series of 2010. BACKGROUND: On December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6 -0 -0. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 22, Series of 2010, on second reading. 9. ITEM /TOPIC: First reading of Ordinance No. 1, Series of 2011, an ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for "beauty and barber shops with exterior frontage on a public way, street, or walkway" as a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrain mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC100051 and 0053) (30 min.) PRESENTER(S): Warren Campbell; Dominic Mauriello 1/4/2011 ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 1, Series of 2011. BACKGROUND: On December 13, 2010, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz - Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning regulation amendments to the Vail Town Council. Additionally, the Commission approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street. or walkway was adopted by the Town Council. Staff has attached the memorandum to the Planning and Environmental Commission for reference. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 1, Series of 2011, on first reading. 10. ITEM /TOPIC: Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (5 min.) PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled the second reading of Ordinance No. 15, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the second reading of Ordinance No. 15, Series of 2010, to its January 18, 2011 public hearing. 11. ITEM /TOPIC: Continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010. (5 min.) PRESENTER(S): Bill Gibson, Planner 1/4/2011 ACTION REQUESTED OF COUNCIL: Table Resolution 23, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables Resolution 23, Series of 2010, to its January 18, 2011 public hearing. 12. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a conditional use permit pursuant to Section 12 -9C- 3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, grant a continuance of this item to the Vail Town Council's January 18, 2011 public hearing to allow the parties additional time to obtain information. BACKGROUND: On December 21, 2010 the Vail Town Coucil granted a continuance this item to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have been negotiating an alternative location for the proposed golf course lightning shelter. Both the applicant and the appellant are requesting additional time to continue their negotiations. STAFF RECOMMENDATION: Staff recommends the Vail Town Council grants a continuance of this item to the January 18, 2011 Town Council public hearing to allow the parties additional time to obtain information. 13. ITEM /TOPIC: Adjournment (approximately 8:50 p.m.) 1/4/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Citizen Participation PRESENTER(S): Public 1/4/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Town Manager's Report: Revenue Update; Attached - Kathleen Halloran (5 min.); Sales Tax Update /Short term rental -by- owners; verbal update - Judy Camp (5 min.); Comcast Franchise Renewal Update; verbal update - Matt Mire (5 min.) PRESENTER(S): Judy Camp, Kathleen Halloran and Matt Mire ATTACHMENTS: Revenue Highlights 1/4/2011 TOWN OF VAIL REVENUE HIGHLIGHTS December 29, 2010 Sales Tax Sales tax collection data through November 30 is not yet available. Staff will provide the latest information for the report to Council on Tuesday, January 4 th Construction Permit Fee Revenue Construction permit revenue through December 29 totals $687,660, down 13% from last year. The 2010 budget for construction permit fees assumed a decrease of 21%, with annual revenues at $625,000. Major redevelopment projects account for $231,051 compared with $379,211 in 2009 (down 39 %). Revenue from non -major projects is up 10% from 2009. Use Tax Use tax collections as of December 29, 2010 total $1,112,193 compared with $714,785 at this time last year and a full year budget of $1,050,000. Major redevelopment projects including First Chair, Lodge Tower, and Ramshorn contributed $425,660 or 38% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, Vail Point and the Vail Valley Medical Center also paid use tax in 2010. Real Estate Transfer Tax (RETT) RETT collections through December 29, 2010 total $6,876,467, compared with $2,485,854 at this time last year. Approximately $4,195,164, or 61 % of the 2010 RETT collected is from major redevelopment projects including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and Vail Plaza Hotel. Collections not related to major redevelopment projects total $2,681,303 compared with $1,715,095 through 2009, a 56% increase. The full - year budget for RETT is $6,083,000 and we have surpassed that by over $793,000. Summary Across all funds and revenue accounts through November 30, 2010, total revenue of $44.7 million is up 20.9% year -to -date from this time last year and up 13.7% from the budget. 1/4/2011 2 -1 -I ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Resolution No. 1, Series of 2011, Posting of Notices for 2011 PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve Resolution No. 1, Series of 2011 BACKGROUND: Each year the town is required to desginatie official posting locations for public meetings. STAFF RECOMMENDATION: Approve Resolution No. 1, Series of 2011 ATTACHMENTS: Resolution No. 1, Series of 2011 1/4/2011 RESOLUTION NO. 1 SERIES OF 2011 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24- 6- 402(2)(c), C.R. S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of January, 2011. Richard D. Cleveland„ Mayor ATTEST: Lorelei Donaldson, Town Clerk 1/4/2011 3 -1 -1 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Annual appointment of Newspaper of Record for 2011 for the Town of Vail. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint a newspaper of record for the year 2011. BACKGROUND: Each year the Town of Vail puts out a Request for Proposal (RFP) letters to local newspapers of interest so the town can appoint an official newspaper of record for the Town of Vail. The Town of Vail received one response from the Vail Daily. Staff requestes the town council appoint the Vail Daily as the newspaper of record for 2011. The proposed fee schedules are attached for the town council's consideration. The classified advertising and legal publications fees have stayed the same as 2010 and the display advertising fee has increased approximately 3% to 8% from the 2010 fees. STAFF RECOMMENDATION: Appoint the Vail Daily as the newspaper of record for the Town of Vail for 2011. ATTACHMENTS: Vail Daily Newspaper Bid 2011 1/4/2011 L o r elei Donaldson From: Patrick Connolly <pconnolly @vaildaily.com> Sent: Monday, December 27, 2014 4:58 PM To: Lorelei Donaldson Cc: Don Rogers; Beth McKenzie Subject: RE: Newspaper of Record Bid letter for 2011 Attachments: VD Bid for TOV.doc Lorelei, attached you will find our response to the TOV's RFP. Attached are the proposed rates moving into 2011. ti In your request below you rioted one price for all advertising types. In the past we have extended a discount for display advertising and we have done so this year. If the TOV must only accept one price please use the classified pricing of $3 -80- if you have any questions please let us know- Thank you for your consideration of our 2011 proposal - Patrick Connolly I Ad Director - Vail Doily oconnolly@lvolldolly.com From: Lorelei Donaldson [mailto:LDonaldson @vailgov,com] Sent: Wednesday, December 15, 2010 5:03 PM To: Patrick Connolly Subject: RE: Newspaper of Record Bid letter for 2011 Thanks for your response! Here is the letter.—the deadline is Monday, December 27, 2010 at 5:00 p.m. Dear Mr. Connolly: The Town of Vail is seeking a request for proposal from the local newspapers in the Vail Valley to provide publication of the Town of Vail's legal notices for the year 2011. The newspaper that is chosen to become the Town of Vail's newspaper of record will be awarded a contract for services for one year beginning January 4, 2011. This year's Bid should indicate the price per column inch for legal, classified ads and display advertising. There should be one price for all types of advertisements. The proposed bids should also include a statement as to the ability to have certification of publication notices and invoicing procedures to the Town of Vail in a timely manner. For further information, please call Lorelei Donaldson at (970 )479 -2136. Please submit the bid in a sealed envelope labeled, "Bid 2011 -1, Legal Advertising "; to Lorelei Donaldson, Town Clerk, 75 South Frontage Road, Vail, CO 81657; or ldonaldson@vailgov.com ; nQ later than Monday, December 27, 2010 at 5:00 a.m. Sincerely, Lorelei Donaldson Town Clerk t 1/4/2011 4 -1 -1 201 Vail Daily TOV Bid Newspaper Classified Ads/ Legal Publications Display Ads Vail Daily $3.80 per column inch $3.51 per column inch 7011 ( *5 column format) Sunday — Monday ( *6 column ` format) �r Holdin flat from 2010 5% premium was removed 9 from Fri/Sat papers. Rate was increased 8% from 2010 Mon - Thursday pricing and 3% for Fri/Sat. Vail Daily $3.80 per column inch $3.35 per column inch 2010 ( *5 column format) Sunday — Thursday ( *5 (SAME column format) PRICING APPROX. 21% SAVINGS $3.57 per column inch AS 2005) (Friday - Saturday) ( *6 column format) Vail Daily $4.65 per column inch $4.08 Sun -Thurs 2009 5 increase from last year $4.33 Fri -Sat Included internet e- edition Included internet e- edition Vail Daily $4.43 per column inch $3.89 Sun-Thurs 2008 6% increase from last year $4.12 Fri -Sat Included internet e- edition Included internet e- edition $4.18 per column inch $3.57 Sunday- Thursday Vail Daily 5 increase from last year $3.89 Friday - Saturday 2007 Includes internet e- edition Includes internet e- edition Vail Dail $ 3.99 per col umn inc 3.50 Sun -Thurs 2006 ( *5 column format) $3.71 Fri — Sat. ( *5 column format) 5 increase from last year Vail Daily $3.80 per column inch $3.35 per column inch 2005 ( *5 column format) Sunday -- Thursday ( *5 column format) $3.52 per column inch (Friday - Saturday) ( *6 column format) Vail Daily $3.60 per column inch 2004 $3.20 per column inch (Legais are based on a 5- column format (Display advertising, column which is 1.857" wide and 1" in depth) inch rate is based on a 6 1/4/2011 column format which is approx. 1.53" wide by 1" in ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Commission on Special Events and Vail Local Marketing District Advisory vacancy appointments. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint three members to the CSE and appoint four members to the VLMDAC for two year terms each. Adam Sutner is currently the Vail Resorts Inc. representative on the VLMDAC and can be re- appointed for another two year term, leaving three additional vacancies to be filled on the VLMDAC. BACKGROUND: The council interviewed each applicant at the work session and should fill the vacancies at the evening session. STAFF RECOMMENDATION: Appoint three members to the CSE and four members to the VLMDAC to each board for two years. 1/4/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Ordinance No. 2, Series of 2011, an emergency ordinance amending Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 2, Series of 2011. BACKGROUND: On December 7, 2010, Staff facilitated a discussion with the Vail Town Council regarding the Town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Vail Town Council instructed Staff to draft an emergency ordinance to allow directional signage for public parking on private property. STAFF RECOMMENDATION: Should the Vail Town Council wish to allow informational and directional signage for public parking on private property, Staff recommends that the Vail Town Council approve Ordinance No. 2, Series of 2011. ATTACHMENTS: Ordinancd No. 2, Series of 2011 1/4/2011 ORDINANCE NO. 2 SERIES OF 2011 AN EMERGENCY ORDINANCE AMENDING CHAPTER 11 -7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, AND SETTING FORTH DETAILS IN REGARD THERETO, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs 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; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and /or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council has instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; WHEREAS, it is not the intent of this emergency action to circumvent or otherwise alterthe desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and Ordinance No. 2, Series of 2011 1/4/2011 6 -1 -I WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take an emergency action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11 -7 -16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and /or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property P P 48" d8" 1 � 1 f � 1 1/ 36' 36„ E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. Ordinance No. 2, Series of 2011 1/4/2011 6 -1 -2 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. Section 2 . Due to the immediate need by the Town to provide safe, convenient and adequate public parking for its residents, guests and visitors, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. Section 3 . Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof and shall remain in effective until March 1, 2011, unless otherwise repealed. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. Section 4 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 . The 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. 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 No. 2, Series of 2011 1/4/2011 6 -1 -3 INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 4th day of January, 2011. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2011 1/4/2011 6 -1 -4 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Recommendation to Amend Village Camera Policy to Allow Recording. PRESENTER(S): Craig Bettis, Dwight Henninger, Ron Braden ACTION REQUESTED OF COUNCIL: Approve as recommended, modify, or make no changes in the policy regarding recording of the cameras in Vail Village. BACKGROUND: Effective July 21st, 2009, six live -feed, non - recording cameras were put in place to help enhance the efficiency of loading and delivery in the Vail Village. The Vail Police Department considers this technology to be a vital crime fighting tool that will improve the Department's ability to create a safer community. This allows for the Department to prevent and detect public safety emergencies, criminal conduct, and assist investigations and legal proceedings. The Vail Police Department is committed these goals without compromising the publics right to privacy. STAFF RECOMMENDATION: Staff recommends to record and retain the camera feeds for a period of seven days, unless a criminal or Town liability incident is captured on the camera recordings, in which case the recordings will be retained as required by the Colorado Public Records laws. ATTACHMENTS: Camera Proposal Draft TOVVideo Monitoring Policy 1/4/2011 TOWN OF VAIN Department of Police Memorandum To: Stan Zemler, Town Manager From: Dwight Henninger, Chief of Police Craig Bettis, Commander Date: December 24th, 2010 Subject: Village Cameras Since July 21, 2009 six pan, tilt, zoom cameras have been used to help aid and enhance the enforcement of loading and delivery policies in Vail Village. The cameras provide real time information to CEO's and dispatchers so action can be taken when policies are violated. Currently, these six cameras are installed at the following locations: 1. Hanson Ranch Road (looking west) 2. Seibert Circle (looking west) 3. Bridge Street (looking north) 4. Hayden Park (looking west, park located behind Milll Creek Bldg) 5. Checkpoint Charlie (looking east) 6. Solaris (looking east to west) The cameras are only being viewed in real time from monitoring stations at Checkpoint Charlie and Vail Communications Center. No images are digitally stored. The placement of these six surveillance cameras in the Village not only contribute to enforcing parking, loading, and delivery issues, but also provide police an, as of yet, untapped resource to help deter and solve criminal conduct occurring in the core business district. Recently, nine businesses within Vail Village have been subject to a string of early morning burglaries. These burglaries have occurred when patrol staff is at minimum coverage of only two officers, and the village is empty of pedestrians and merchants. Cash has been taken and thousands of dollars in damage has been done by the suspect forcing entry. The business owners have expressed their frustration to police and have asked the town to revisit its public policy on the issue of recording the cameras in the village. Had the cameras been set up to record, we more than likely would have video images of the suspect throughout the village. 1/4/2011 7 -1 -I Here are just a few recent incidents and past examples of how recorded images would have helped resolve cases, or been advantageous for the town. On 12/23/10, a multiple person fight broke out in the village. Dispatch was able to view the fight from their screen as officers were being notified and were responding. In just minutes, officers arrived on scene, but two of the assailants had already fled. The two suspects who fled caused serious bodily injury to a guest visiting Vail. The victim suffered a broken orbital bone, which caused permanent disfigurement. If the camera that had captured the assault was recording we could have gone back viewed the video and been able to obtain an accurate description or suspects identity and could have tracked them to a specific location. Had we later arrested the suspects, the video could have been used as evidence in the case. A few months ago, the town transportation center was brought to a halt for several hours when they received a report of a bomb scare. The call came in as a suspicious package in a truck left running inside the parking structure. The vehicle was never linked to a driver due to lack of information and evidence inside the vehicle. Had police been able to go back and pull the video of the vehicle driving into the parking structure we could have identified the driver and possibly their location once they abandoned the vehicle. During the fall of 2010, a report came through the hospital that a male party had been run over by a Town of Vail bus on top of the transportation center. The alleged victim, reported this to hospital staff and police responded and investigated the allegation. Several hours were spent tracking down and interviewing witnesses and passengers who were on the bus. Had recorded video from the cameras on top of the transportation center been available we could have immediately verified whether the allegation was true, identifying with absolute certainty any liability on the towns end. Thousands of cities and towns across the world are already using electronic technology and surveillance systems as vital crime fighting tools in their arsenal to deter and solve crimes. Every city in America is a target for crime and more importantly a target for terrorist activities. Vail is no different. With the amount of tourist activities and our ski resort's world class recognition, we must utilize the tools and infrastructure that is already in place to meet this demand. With the 2015 World Ski Championships on the horizon, this is the time to become familiar with the full functionalities of video surveillance technology and their optimal use, assuring our best practices surrounding video surveillance. At this time no additional funds for manpower, infrastructure or equipment would be needed to begin video monitoring, storage or retrieval capabilities. The system would be used to improve the Department's ability to prevent and detect public safety emergencies and criminal conduct; identify and apprehend participants of such events and submit evidence to enhance legal proceedings. This "smart policing" technology, combined with the confidence and trust of our residents, merchants and tourists, can provide a safer community and a more effectively run police agency and greatly enhance our investigative abilities. The system can achieve these goals without compromising the public's right to privacy, as follows: 1/4/2011 7 -1 -2 We will continue to use the existing six PTZ cameras mounted in their fixed positions in the predetermined public areas. The cameras would remain situated in such a manner and location that will maximize the field of view of public areas for public safety purposes, while still aiding in loading and delivery issues. The current camera placement will minimize the potential inadvertent capture of images from areas where there would be a reasonable expectation of privacy. In any case, where the view of any camera may compromise this privacy issue, a supervisor and members of the IT department will take corrective action to re- position the camera or incorporate Window- Blanking technology to eliminate video intrusion. The surveillance camera system would not be used to track individuals arbitrarily or target race, gender, ethnicity, sexual orientation, disability or other classifications protected by law. Video images captured by the system would be automatically deleted after 7 days unless the department submits a request to review the captured images for a legitimate criminal investigation. These captured images would be archived and accounted for though a secured police evidence system. Authorized users would be limited to those police employees with a legitimate need to access the system for the purpose of crime prevention, detection, identification or apprehension related to public safety emergency response or investigations. User accounts would established by the Chief of Police. We are currently challenged to expand our capabilities to meet the community needs of safety and security. In order to do that we recommend utilizing the tools we have to provide the best service and be the very best resort police department in the country. Public policy approval of allowing seven day camera recording is important to maintaining a safe and secure Vail. 1/4/2011 7 -1 -3 Draft Town of Vail Policy — November 2010 510 VIDEO MONITORING SYSTEMS PURPOSE In order for public locations and facilities under Town jurisdiction to be safe and secure, the use of electronic systems for routine video monitoring may be necessary. The purpose of this policy is to ensure that their use is consistent with federal and state law, and reasonably balances privacy concerns with personal safety and responsible stewardship of the community's assets. Scope This policy applies to systems that enable continuous or periodic routine video monitoring on a sustained basis for the following purposes: a. Deter theft and vandalism and assist in identifying individuals who damage facilities or property. b. Assist law enforcement agencies in investigating criminal activity. c. Promote a safer environment by deterring acts of violence or aggression. This policy does not apply to the routine use of hand -help video cameras. POLICIES AND PROCEDURES Installation Approval The approval process for installation of a video monitoring system fall into two categories depending on the intended use. a. Routine or traditional uses, such as security cameras at the Police Station or mobile systems in Police vehicles, will be approve through the usual budgeting and purchasing approval process. b. Placement at other facilities or buildings, such as Town Hall, other Town public parks, Villages, open spaces areas, public street or other public locations, requires approval by the Town Manager. c. Short-term placements to assist in protecting and securing temporary events may be approved by the Public Works Director or Police Chief when such short-term installations are for less than 30 days. Town Manager Approval Criteria When seeking Town Manager approval, Department Heads will address the following issues and concerns in supporting their request: a. Objectives for implementing the system. b. Use of equipment, including: locations of cameras, locations of reception equipment, personnel authorized to operate the system, and times when monitoring will be in effect (and staffed, if applicable) 1/4/2011 7 -2 -1 c. Other deterrence or detection measures that were considered, and why video monitoring is the best solution. d. Any specific, variable reports of incidents of crime or significant safety concerns that have occurred in the location to be placed under video monitoring. d. Possible effects of the proposed video monitoring systems on personal privacy, if any, and how they will be mitigated. e. Appropriate consultation with stakeholders, including the public; or reasons why this is not necessary. f Signage strategy advising the public that video monitoring is occurring. g. Approach to installing and maintaining the system. h. Fiscal impact and availability of funding. Location and Direction of Video Monitoring Equipment a. Permanent, fixed - mounted cameras will not be placed in areas where a reasonable expectation of privacy is standard, such as inside restrooms. b. Cameras located internally will not be directed to look through windows to areas outside the building, unless necessary to protect external assets, provide for the personal safety of individuals or deter criminal activity from occurring. c. Cameras will not be directed to look into adjacent, non -Town owned buildings. d. Placement of cameras will also take into consideration physical limitations such as availability of power, system reception and reasonable mounting facilities. Notification Procedures a. The Council and Town employees will be notified in advance, in writing or via e- mail, of the placement of any video monitoring system in a Town -owned facility or building. b. Clearly written signs will be prominently displayed at the perimeter of video monitoring areas advising the public that video monitoring is occurring. c. On a case -by -case basis, as approved by the Town Manager, a decision may be made to eliminate public signage or employee notification in order to support crime prevention or investigative activities. Responsibility for Oversight of Video Monitoring Systems The Town Manager (or designee) is responsible for overall oversight of all video monitoring systems and for implementation of this policy. Intended Use of Video Monitoring Information Any information obtained from video monitoring systems will only be used for the purpose set forth in this policy. 1/4/2011 7 -2 -2 PROTECTION OF VIDEO MONITORING INFORMATION Security of Storage Devices Resulting from Routine Video Monitoring: a. When not in use, storage devices will be securely kept in a controlled access area. b. All storage media that is no longer in active use will be numbered and dated. Retention: a. All records derived from routine video monitoring will be retained for as long as required by federal or state law. b. In the event that records are evidence in any claim filed or any pending litigation, they will be preserved until the pending litigation is resolved. c. Destruction requires the written consent of the Town Clerk or Records Custodian. d. Records will be securely and permanently disposed of in a manner appropriate to their storage media. Placement and Viewing of Video Monitors Video monitors will not be placed in locations that facilitate public viewing. Access and Use of Recorded Information a. Only those personnel authorized by the Town Manager (or designee) in writing will have access to information acquired through routine video monitoring. b. Recorded information will never be sold, and will not be publicly viewed or distributed in any other manner, except as provide for by this policy and applicable federal and state law. ONGOING REVIEW OF CITY'S USE OF VIDEO MONITORING SYSTEMS The Town Manager (or designee) will review the Town's use of video monitoring systems and adherence to this policy at least every two years. These reviews will include an inventory of video monitoring installations, date of installation, summary of their purpose, experience in implementing the policy and any proposed policy changes. The results of each review will be documented and provided to the Town Council. Any concerns or deviations from this policy will be addressed promptly and effectively. The Town Manager is authorized to make minor administrative changes to this policy in light of technological or legal changes as long as they are intended to carryout its purpose and will not have any significant policy impacts. 1/4/2011 7 -2 -3 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Second reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner and David Kelley, Rodney Sartain Architects ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 22, Series of 2010. BACKGROUND: On December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6 -0 -0. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 22, Series of 2010, on second reading. ATTACHMENTS: Town Council memo Ordinance No. 22 1/4/2011 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: January 4, 2011 SUBJECT: Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. (PEC100049) Applicant: CineBistro, represented by Rodney L. Sartain Architects Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, CineBistro, represented by Rodney L. Sartain Architects, is requesting a second reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. The proposed Ordinance No. 22, Series of 2010, (Attachment A) has been attached for review. II. BACKGROUND On November 22, 2010 the Planning and Environmental Commission held a public hearing on the proposed Sign Regulations amendments. At that hearing, the Planning and Environmental Commission voted 4 -2 -0 (Pierce and Rediker opposed) to forward a recommendation to the Vail Town Council that entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters should be allowed to be electronic signs. On December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6 -0 -0. III. RECOMMENDATION The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for Ordinance No. 22, Series of 2010, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs. Should the Vail Town Council choose to approve the second reading of Ordinance No. 22, Series of 2010, the Community Development Department recommends the Town 1 1/4/2011 8 -1 -I Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of StalTs November 22, 2010 memorandum and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 22, Series of 2010 2 1/4/2011 8 -1 -2 ORDINANCE NO. 22 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, technology has evolved and the use of electronic signs has become the industry standard for movie theaters; and, WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and, WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Sign Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stF +hr96 ig I , text that is to be added is bold, and sections of text that are not amended have been omitted): Theater: An establishment for the rehearsal and presentation of performing arts and /or the showing of movies or motion pictures. SECTION 2 . Section 11 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stF text that is to be added is bold, and sections of text that are not amended have been omitted): Movie /media rental business: A retail establishment engaged in the sale or lease of recorded movies, video games, or other forms of electronic media. Ordinance No. 22, Series of 2010, second reading 1/4/2011 8 -2 -1 Theater: An establishment for the rehearsal and presentation of performing arts and /or the showing of movies or motion pictures. SECTION 3 . Section 11- 6 -3 -C, Menu Box (SD1 and SD2), Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethF9 gI text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Number: Each business shall be allowed up to two (2) menu boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of menu box area per business frontage. No single menu box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of menu box area. 3. Height: The height of the highest part of the menu box shall not extend more than six feet (6') from existing grade. 4. Location: Menu boxes shall be displayed on the business frontage. 5. Special Provisions: Menu boxes are allowed only at eating and drinking establishments for the exclusive display of menus. Menu boxes for eating and drinking establishments in theaters may be electronic signs. When used as a menu box, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a menu box, electronic signs shall not emit light between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM the following day. SECTION 4 . Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethr96 igI text that is to be added is bold, and sections of text that are not amended have been omitted): Theaters and movie /media rental business will be allowed three (3) poster images in the front window at any one time. The allowable area of each entertainment sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters may be electronic signs. When used as an entertainment signs, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighterthan is necessary for clear and adequate visibility. When used as an entertainment sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM the following day. SECTION 5 . Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stF +hr96 ig I , text that is to be added is bold, and sections of text that are not amended have been omitted): 11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: SECTION 6 . Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFo gI text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 22, Series of 2010, second reading 2 1/4/2011 8 -2 -2 D. Signs that incorporate projected images, emit any sound ` ;� ;,, +o„.�o.� to or involve the use of live animals. SECTION 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 9. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 10. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21S day of December, 2010 and a public hearing for second reading of this Ordinance set for the 4 day of January, 2011 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4 day of January, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series of 2010, second reading 3 1/4/2011 8 -2 -3 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: First reading of Ordinance No. 1, Series of 2011, an ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for "beauty and barber shops with exterior frontage on a public way, street, or walkway" as a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrain mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC100051 and 0053) PRESENTER(S): Warren Campbell; Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 1, Series of 2011. BACKGROUND: On December 13, 2010, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz - Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning regulation amendments to the Vail Town Council. Additionally, the Commission approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street. or walkway was adopted by the Town Council. Staff has attached the memorandum to the Planning and Environmental Commission for reference. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 1, Series of 2011, on first reading. ATTACHMENTS: Ordinance No. 1, Series of 2011 First Reading Draft Planning and Enviromental Commission Memoradum 121310 1/4/2011 ORDINANCE NO. 1 Series of 2011 AN ORDINANCE AMENDING SECTION 12- 16- 7(A)(2), USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR BEAUTY AND BARBER SHOPS WITH EXTERIOR FRONTAGE ON A PUBLIC WAY, STREET, OR WALKWAY AS A CONDITIONAL USE OUTSIDE OF THE COMMERCIAL CORE 1 AND 2 ZONE DISTRICTS AND OUTSIDE OF THE PRIMARY AND SECONDARY PEDESTRIAN MALL WITHIN THE LIONSHEAD MIXED USE 1 AND 2 ZONE DISTRICTS AS DEFINED BY THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations establishing beauty and barber shops as allowable first floor or street level conditional uses so long as they do not have any exterior frontage on any public way, street, walkway, alley or mall area within the Commercial Core 1 and 2 zone districts; and, WHEREAS, the Town adopted the Lionshead Redevelopment Master Plan on December 15, 1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the Master Plan; and, WHEREAS, the Town rezoned numerous properties from Commercial Core 2 zone district to Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty and barber shops on the first floor and street level; and, WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous properties to Lionshead Mixed Use 1 and 2; and, WHEREAS, beauty and barbershops remain a conditional use in the Lionshead Mixed Use 1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon established criteria for their appropriateness; and, WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on December 13, 2010 on the application to amend the Town's Zoning Regulations, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations furthers the general and specific purposes of the sign regulations; and, Ordinance No. 1, Series of 2011, first reading 1/4/2011 9 -1 -I WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethr961gI text that is to be added is bold, and sections of text that are not amended have been omitted): 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no AG exterior frontage on any public way, street, walkway, or mall area. i° eFR*tea Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have not exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 3. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 4. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 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. Ordinance No. 1, Series of 2011, first reading 2 1/4/2011 9 -1 -2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 th day of January, 2011 and a public hearing for second reading of this Ordinance set for the 18 day of January, 2011 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2011, first reading 3 142011 y -1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2010 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle /Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC100051 and PEC100053) Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant RCR Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval, with modifications of the applicant's proposed prescribed regulations amendment pursuant to Section V of the staff memorandum. If policy amendments are recommended to Council that will permit beauty and barber shops to be located within Lionshead Mixed Use 1 when not located on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan staff is recommending approval, with a condition of a conditional use permit located at 728 West Lionshead Circle pursuant to Section VI of the staff memorandum. II. DESCRIPTION OF REQUEST A beauty shop would like to locate their business in the commercial space located in the northeast corner of the Ritz - Carlton structure. The beauty shop is proposed to occupy a space of approximately 786 square feet with approximately 500 square feet devoted to greeting guest, waiting area, and retail. While the current application is the catalyst for this application, the proposed amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area need to be reviewed with regard to their impact within the whole of Vail. The applicant is 1 1/4/2011 9 -2 -1 proposing to amend Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, and is requesting a subsequent conditional use permit to allow for a beauty shop with exterior frontage on a public way, street, walkway, or mall area. The applicant is proposing to remove the single Use Specific Criteria and Standard which is applied to beauty and barber shops in addition to the standard conditional use permit review criteria. The applicant is suggesting that the standard conditional use permit criteria are more than adequate to provide the ability for the Town's reviewing authorities to select appropriate locations for this land use. The applicant's proposed regulation amendments are as follows: (text to be deleted is in stFikethFeU91 text that is to be added is bold, and sections of text that are not amended have been omitted): Chapter 12 -16: Conditional Uses 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: L. —RP-Q144, and harbor shops. No ew tP.pvi - frOptage OP ony r14bgn ;vay, Stf,eet, ;,yal way Gr moll area io normittorl A copy of the applicant's proposed text amendment and conditional use permit requests have been attached for review (Attachments A and B). Staff recommends that the proposed regulations be amended to maintain the intent of the adopted language, but provide for greater focus on the portions of the village cores that the existing regulation was believed to be addressing when adopted. Staff recommends the prescribed regulation be amended as follows: 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no No exterior frontage on any public way, street, walkway, or mall area. s pep4qitte ms . Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have not exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. Additionally staff recommends deletion of the definition for barber shop within Chapter 12 -2 -2, Definitions of Words and Terms, Vail Town Code as there is a definition for 2 1/4/2011 9 -2 -2 beauty and barber shops which identify the text used throughout the Zoning Code to identify this land use. Having a separate definition for a barber shop solely has caused confusion and is redundant. Chapter 12 -2 -2: Definitions of Words and Terms (in part) - A G; ;m ' 313 l ; thP III. BACKGROUND On February 19, 1981, an application to amend the Commercial Core 1 Zone District to allow beauty and barber shops as a conditional use on the first floor or street level was reviewed by the Planning and Environmental Commission. The application was the result of a commercial property owner desiring to locate a beauty salon on the first floor of a structure on Bridge Street. The regulations identified beauty and barber shops on any floor of a structure with the exception of the first floor or street level. The staff memorandum identified that the restriction of beauty and barber shops to floors other than the first floor was the result of the intent to limit the first floor to retail, tourist oriented shops. Two questions were considered during this application's review. Those were: 1) Was a beauty shop an appropriate use on street level in the CC1 Zone District? Should there be a reconsideration of this and other issues regarding horizontal zoning in both Cores? 2) Is there a difference in the impact and appropriateness of a use when one differentiates between direct street frontage space and off - street, interior space with no frontage? The Planning and Environmental Commission recommended approval of changes to the Commercial Core 1 Zone District to allow for beauty and barber shops on the first floor in situations were the commercial space did not have exterior frontage on a major pedestrian or vehicular way or public mall. The Town Council subsequently adopted Ordinance No. 18, Series of 1981, which allowed for beauty and barber shops as conditional uses on the first floor in Commercial Core 1 and 2 so long as they do not have any exterior frontage on any public way, street, walkway, alley or mall. On June 22, 1998, The Planning and Environmental Commission forwarded a recommendation on multiple Zoning Code amendments reorganizing the Conditional Use chapter. The result of this recommendation was the adoption of Ordinance No. 10, Series of 1998 which consolidated land use specific criteria for multiple listed conditional uses into a single section of the Code which is the existing Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code. IV. APPLICABLE DOCUMENTS 3 1/4/2011 9 -2 -3 Title 12, Zoning Regulations, Vail Town Code Chapter 12 -1: Title, Purpose, Applicability (in part) 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12 -1 -3: Applicability: The regulations prescribed by this title applicable to various districts and uses shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use. Except as provided elsewhere in this title, the use of any land, the size or shape or 4 1/4/2011 9 -2 -4 placement of lots, the construction or location of structures, the provision of yards and other open spaces, and the provision of off street parking and loading space shall be in compliance with all of the regulations specified in this title. Chapter 12 -2 -2: Definitions of Words and Terms (in part) BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. Chapter 12 -7H: Lionshead Mixed Use -1 (in part) 12 -7H -1: Purpose: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development /redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -7H -3: Permitted and Conditional Uses; First Floor or Street Level: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. 5 1/4/2011 9 -2 -5 Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Multiple - family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. Chapter 12 -16: Conditional Uses Permits (in part) Section 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -5: Planning and Environmental Commission Action: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited 6 1/4/2011 9 -2 -6 time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title. 12 -16 -7: Use Specific Criteria and Standards: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: 2. Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Town of Vail Zoning Code regulations; and The Town's land use regulations in the Commercial Core 1, Commercial Core 2, Lionshead Mixed Use 1, and Lionshead Mixed Use 2 Zone Districts have incorporated horizontal zoning since there creation. The majority of the land area currently zoned Lionshead Mixed Use -1 was previously zoned Commercial Core 2. The primary purpose of establishing horizontal zoning was to ensure that street and economic vibrancy would occur at the pedestrian level. Staff believes the applicant's proposal to eliminate the use specific criterion for beauty and barber shops would be contrary to the intent of the regulation that was adopted in 1981 which staff believes is still valid today. In reviewing the history of this regulation the Planning and Environmental Commission and Town Council enacted this regulations to respect a long entrenched goal of keep the pedestrian street level active and vibrant thus resulting in energy and positive economic impacts. Staff believes the regulation, if modified as proposed by staff will support the following goals of the Town of Vail Zoning Code "5. To conserve and maintain established community qualities and economic values. 7 1/4/2011 9 -2 -7 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives." Staff believes the prescribe regulations amendment as modified by staff retains the intent, goals, and objectives of the existing regulation and furthers the general and specific purposes of the Town of Vail Zoning Code horizontal land use regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As stated in the previous criterion the goals and objections of horizontal zoning regulations within the Town of Vail have been a mainstay since the adoption of the Town of Vail Zoning Code. Staff believes the 1981 public hearings which resulted in the adoption of Ordinance No. 18, Series of 1981 furthered this goal. Staff believes that over the years with the creation of the Lionshead Mixed Use zone districts which replaced Commercial Core II and the extension zoning of properties to Lionshead Mixed Use zoning that the intent behind the existing use specific criterion for beauty and barber shops was lost. Staff believes the intent was to restricted beauty and barber shops in the cores of the two villages not prohibit the use on peripheral properties. Staff has attached copies of the staff memorandum, Planning and Environmental Commission minutes, and Ordinance No. 18, Series of 1981 for review (Attachment C) Staff believes that the proposed prescribed regulations amend as modified by staff complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Since the adoption of Ordinance No, 18, Series of 1981 the Town has adopted the Lionshead Redevelopment Master Plan and the associated Lionshead Mixed Use 1 and Lionshead Mixed Use 2 which incorporated beauty and barber shops as a conditional use on the first floor or street level. The Lionshead Mixed use zone districts were then extensively implemented and encompass properties not within defined village cores. Staff believes the changes since 1981 demonstrate that conditions have changed and the existing regulations are no longer appropriate for an outlying property such as the Ritz - Carlton. Staff believes the proposed prescribed regulations amendments as modified by staff will comply with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and The intent of the existing regulations restricting beauty and barber shops on the first floor or street level was to result in a harmonious, convenient and workable relationship among the horizontal land use in the village cores. Staff believes that these goals are protected and furthered in the proposed prescribed regulations amendment as modified 8 1/4/2011 9 -2 -8 by staff. Properties not located on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan have a much different relationships between adjacent properties and land uses than those properties in the village cores. Staff has attached a copy of Map P from the Lionshead Redevelopment Master Plan identifying those areas that are Primary and Secondary Pedestrian Malls (Attachment D). Staff believes the proposed prescribed regulations amendments as modified by staff will comply with this criterion. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following criteria. Staff's recommendation is based upon the assumption that the Planning and Environmental Commission have made a recommendation of approval to the Vail own Council and that those recommendations are adopted through ordinance by the Town Council. 1. Relationship and impact of the use on the development objectives of the Town. Should the Town Code be amended as modified, staff believes the operation of a beauty and barber shop will comply with the development objectives of the Town. The location of the proposed beauty and barber shop within the Ritz - Carlton is currently at the terminus of the pedestrian network of sidewalks leading to the Lionshead pedestrian mall and thus does not have the characteristics of the locations within the Lionshead core. It should be considered that the space proposed for occupancy by the beauty shop was located not only to comply with the Lionshead Mixed use 1 zone district, but with the thought in mind that the land are to the west would likely redevelop in the future. Currently the Town is reviewing proposals to construct a mixed use development called Ever Vail on the property to the west. Ever Vail has evolved from having in excess of 100,000 square feet of commercial making it a destination commercial village core to a proposal containing approximately 50,000 square feet of commercial largely to serve the hotel and condominium occupants in the development. The Commission may wish to place a time limitation on the proposed beauty shop land use in order to provide flexibility into the future with regard to the tenant space land use. Staff does not believe there will be any negative impact on the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. 9 1/4/2011 9 -2 -9 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. Those utilizing the beauty shop will either be walking to the location, staying at he Ritz - Carlton Residences, or arriving by vehicle which will be valeted upon entering the port cohere. The proposed tenant space was assessed the required parking for the proposed use during the review of the major exterior alteration for the project. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. VII. STAFF RECOMMENDATION Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this request to the Vail Town Council; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council on prescribed regulation amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications (text to be deleted is in strikethre gl text that is to be added is bold, and sections of text that are not amended have been omitted): 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no 4ve exterior frontage on any public way, street, walkway, or mall area. s peFcRitte ms . Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have not exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. 10 1/4/2011 9 -2- 10 Chapter 12 -2 -2: Definitions of Words and Terms (in part) +� o €Po ri n�mmorniol o �t �ii mon v erse p4p3 o r car� - busippss — i; the Gi ttip v o d49F 44ipg ef h ap hair Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's December 13, 2010 memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." The Community Development Department recommends the Planning and Environmental Commission approves, with a condition the request for a conditional use permit. This recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle /Lot 2, West Day Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Community Development Department recommends the Commission applies the following condition: "I. This conditional use permit approval is contingent upon the adoption of the prescribed regulations amendments modifying the conditional use permit use 11 1/4/2011 9 -2- 11 specific criteria for beauty and barber shops through the adoption of an ordinance by the Vail Town Council." Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: `Based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated December 13, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed Use 1 zone district. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." VIII. ATTACHMENTS A. Applicant's request entitled Text Amendment dated November 17, 2010 B. Applicant's request entitled Conditional Use Permit dated November 15, 2010 C. Staff memorandum, Planning and Environmental Commission Minutes, and Ordinance No. 18, Series of 1981 D. Lionshead Redevelopment Master Pan Map P identifying the Primary and Secondary Pedestrian Malls 12 1/4/2011 9 -2- 12 f _c w OP lit i � w „ - ra r r., a r i�t r � r 1 Text Amendment Chapter 12 -16 -7: Use Specific Criteria and Standards Beauty and Barber Shops Submitted: November 17 u Attachment A 9-2-13 Introduction RCR Vail, LLC, herein referred to as "The Applicant" represented by Mauriello Planning Group is requesting a text amendment to modify the language of Chapter 12 -16 -7: Use Specific Criteria and Standard. Specifically, the language regarding "Beauty and Barber Shops" which states: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. Chapter 12 -2: Definitions of the Vail Town Code provides multiple definitions of a barbershop and one for a beauty shop as follows: BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. The use specific criteria that no beauty shop can have exterior frontage on any public way, street, walkway, or mall area, and yet is a conditional use on the first floor creates a challenging situation. This would clearly limit the ability to have an entrance at all. This specific provision of the code was originally adopted in 1981 by Ordinance No. 18, Series of 1981, and moved into the Use Specific Criteria in 1998. The provision was only applicable to the Commercial Core 1 district but as a consequence of it being move to chapter 16 was that it is not applicable in other districts. Additionally, the business model of a beauty shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to stations for cutting hair. Now, substantial area is devoted to sales of products, ranging from hair care products to clothing, and the line between beauty shop and retail store has blurred. As a result of this shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a beauty shop from any visible frontage. The use still requires a conditional use permit on the first floor, so the PEC still has the ability to evaluate the location and layout of the use if there are those concerns with an application. The proposed text amendment is to eliminate the use specific criteria associated with Beauty and Barber shops, as indicated below (text to be eliminated is indicted in `tFike `_hFeagl ): permitted.- No other changes are proposed at this time. A Beauty and Barber Shop remains a Conditional Use in the following zone districts: • Commercial Core 1 • Commercial Core 2 • Lionshead Mixed Use 1 • Lionshead Mixed Use 2 A "Beauty and Barber Shop" is a permitted use in the following zone districts, and are not subject to the use specific requirements. • Commercial Core 3 • Commercial Service Center • Arterial Business District Text Amendment - Beauty and Barbershop 2 1/4/2011 9 -2- 14 Criteria for Review The review criteria for a text amendment are provided in Section 12 -3 -7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis Chapter 12 -1 -2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. While not all of the purpose statements are applicable to this applicant, this text amendment furthers many of the above statements, specifically the following: 5. To conserve and maintain established community qualities and economic values. Text Amendment - Beauty and Barbershop 3 1/4/2011 9 -2- 15 The proposed amendment encourages additional sales -tax revenue generating businesses to occur in locations where they are most desired - in the commercial areas of Town. These businesses provide much needed services to many vacationers, encouraging visitors to stay and spend money in Vail. In addition to visitors, these are services that have largely moved from Vail and many locals are forced to get their hair done and buy hair products outside of the Town. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. This amendment allows for the business community in Vail to create better synergy among land uses. Beauty shops keep people in Vail, and a hair cut is often followed by additional shopping or eating. This creates a harmonious, convenient, and workable relationship among land uses. 8. To safeguard and enhance the appearance of the town. Finally, the review of the conditional use permit allows the Planning and Environmental Commission to ensure that the appearance of the Town is enhanced by this activity, as it has ultimate review authority on a conditional use permit, and can set appropriate conditions on any proposed beauty shop. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Village Master Plan: GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Vail Land Use Plan: 1. General Growth 1 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. Text Amendment - Beauty and Barbershop 4 1/4/2011 9 -2- 16 2. Skier /Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.5. The community should improve non -skier recreational options to improve year -round tourism. 3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Lionshead Redevelopment Master Plan: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a wanner, snore vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality. a purpose, and an improved aesthetic character. As each of these plans state, Vail should offer additional activities for guests and residents. This amendment furthers the stated goals of the Vail Comprehensive Plan. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: This specific provision of the code was originally adopted in1981, and moved into the Use Specific Criteria in 1998. In such time, the business model of a beauty shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to stations for cutting _ hair. Now, substantial area is devoted to sales of products, ranging from hair care products L J 1 ►z'�.' ' to clothing, and the line between t beauty shop and retail store has blurred. As a result of this shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a :• beauty shop from any visible frontage. In addition to changing trends in the business model of a beauty shop, it is important to note that the desires of visitors to Vail have also changed. As the skiing population ages, many visitors to Vail are looking for alternative activities to include in their ski vacation. Spa services, including hair services, manicures, Text Amendment - Beauty and Barbershop 5 1/4/2011 9 -2- 17 pedicures, facials, and body waxing, have become expected activities for vacationers, rather than relying on these services to occur at their primary residence. A "beauty and barbershop" is a conditional use on the first level in the Commercial Core and Lionshead Mixed Use zone districts. This allows the Town, through the review of the conditional use permit, to ensure that the proposed location within a project and /or site is appropriate for this use. Section 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a "beauty and barbershop," limiting its location to the following: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. Eliminating this language allows the Planning and Environmental Commission, through the review of a Conditional Use Permit to determine if the use and location is appropriate. It also allows the Planning and Environmental Commission to set certain restrictions on the use, including but not limited to the following: • Require a substantial retail presence along the Frontage • Place a limit the number and area of stations • Require that the stations be set back a minimum distance from display windows Any modifications to an approved plan would require an amendment to the conditional use permit, and would therefore be reviewed by the Planning and Environmental Commission (or staff when applicable.) 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: This amendment allows for the business community in Vail to create better synergy among land uses. Beauty shops keep people in Vail, and a hair cut is often followed by additional shopping or eating. This creates a harmonious, convenient, and workable relationship among land uses. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Text Amendment - Beauty and Barbershop 6 1/4/2011 9 -2- 18 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Text Amendment - Beauty and Barbershop 7 1/4/2011 9 -2- 19 Ike ORDINA_NCE #18 (Series of 1981) AN ORDINANCE AMENDING SECTION 1 8.24.030 75 s. Fmntage road PERMITTED AND CONDITIONAL USES — FIRST va t. colorado 81657 FLOOR OR STREET LEVEL — OF THE MUNICIPAL .)'�Ir: of CODE OF THE TOWN OF VAIL, COLORADO: MAKING BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS FIRST FLOOR OR STREET LEVEL CONDITIONAL USES I N COMMERCIAL CORE I AND COMMERCIAL CORE I I ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET, WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTH DETAILS THERETO. WHEREAS the Town Council believes that barber shops, beauty shops and beauty parlors are acceptable first —floor or street level conditional uses so long as they do not have any exterior frontage in any public way, street, walkway, alley or mall area; and, WHEREAS they believe such an amendment to the zoning ordinance w i I I benefit the public health, safety and welfare of the inhabitants of the Town of Vail. BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,THAT: Section 1 " 18.24.030, C is hereby repealed and reenacted as follows: 18.24.030 C. The following uses shall be permitted on the first floor or street level floor within a structure, subject to i issuance of a conditional use permit in accordance with the pro— f visions of Chapter 18.60: (1) Liquor stores; I (2) Banks and financial institutions; (3) Household appliance stores; (4) Radio and TV stores and repair shops; �. I (5) Time —share estate units, fractional fee units, and time —share license units; !` (6) Barber shops, beauty shops and beauty parlors so I long as they do not have any exterior frontage on i any public way, street, walkway, or mall area. u q 0'U �� 75 s. frontage road vad, colorado 81657 j. otFce o.° town clerk 1/4/2011 9 -2 -20 Section 2 If any part, section, sub — section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decisions 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, sub — section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub — sections, sentences, clauses, or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that i this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision 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 commended, nor any other action or proceeding has commenced under or by virtue of the provisions repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superceded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 7TH DAY OF APRIL, 1 98 1 , AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TCbAN COUNCIL OF ff' THE XMN OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981. I Mayor ATTEST i` Town I I I I I 1/4/2011 9 -2 -21 INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of April, 1981, and ordered published by title only. Mayor i ATTEST = Town lerk i 1' 1 1 P I� 3 I. i i. is i i- 1: 1. I -3- 1/4/2011 9 -2 -22 14 FL i a f � 1 {V r - ; t poll C ond itional Use Permit Boutique and Beauty Shop in LMU -1 Ritz Carlton Residences November 15, 2010 VA ILRESOk V DEVELOPMENT C©MPAI'0 u I ;k Mouriello Planning Group Attachrppfql�3 9 -2 -23 In'troduc'tion RCR Vail, LLC, herein referred to as "The Applicant," represented by Mauriello Planning Group is requesting a conditional use permit to allow for a "Beauty and Barbershop" on the first level of a building in the Lionshead Mixed Use -1 zone district, in accordance with Sections 12 -7H -3 and 12 -16 -7 of the Vail Town Code. The Town of Vail provides a definition of a "barbershop" as follows: BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. The Applicant is proposing a combination of a boutique and beauty shop. The majority of the space will be dedicated the retail sales of beauty supplies, make -up and skin care products, along with clothing and lingerie. The entire space is approximately 786 sf. The floor plan of the space is provided below: S tJ 1 s 4 Ritz Carlton Residences - CUP for Beauty and Barbershop 2 1/4/2011 9 -2 -24 Criteria for Review A "Beauty and Barbershop" is listed as a conditional use listed in the Lionshead Mixed Use -1 zone district. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town Code. The purpose of this chapter is as follows: 12 -16 -1: PURPOSE, LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. The review criteria for a conditional use permit are provided in Section 12 -16 -6 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. Applicant Analysis A "beauty and barbershop" is a conditional use on the first level in the Lionshead Mixed Use -1 zone district. This allows the Town, through the review of the conditional use permit, to ensure that the proposed location within a project is appropriate for this use. The IL proposed use is a combination of a retail space, with approximately 500 sf dedicated ! Retail to the sale of beauty supplies, make -up and skin care products, clothing, and lingerie; Stations and a beauty shop of Id approximately 286 sf dedicated to the cutting and /or styling of LD human hair, as indicated in the plan. Ritz Carlton Residences - CUP for Beauty and Barbershop 3 1/4/2011 9 -2 -25 Section 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a "beauty and barbershop," limiting its location to the following: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. As proposed, the area dedicated to the retail portion of the business will be located on along the frontage of West Lionshead Circle, while the actual service of styling hair will occur off of any exterior frontage on any public way, street, walkway, or mall area. The code provision was likely developed to prevent services uses like a beauty shop from taking over vital retail locations in the Lionshead core area. The Ritz is located in an area with very little pedestrian traffic and therefore such a location will rely more on destination visitors to the proposed space within the Ritz Carleton. As shown on the elevation below, there is very little window exposure of this space to the pedestrian and the entry to the space is located five steps above grade with separation of a ramp railing and a landscape planter. That said, the space has been designed so that the primary use as a retail store (selling beauty products, make -up and skin care products, clothing, and lingerie) is located along the frontage of the space implementing the goal of this provision. The proposed space is indicated in the plan below: F Z ftf I Y - s -.. �Y I r a j 1Tj C �, tic' il L I ;all jk,,�� r� KEY P LkN Ritz Carlton Residences - CUP for Beauty and Barbershop 4 1/4/2011 9 -2 -26 From the exterior, the space appears as provided below: I i F _ - - - 9 I 1 II I I Any modifications to the approved plan would require an amendment to the conditional use permit, and would therefore be reviewed by the Planning and Environmental Commission. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Applicant Analysis: The proposed use has no impact on the above - referenced criteria. This space was previously assessed for parking at a rate of 2.3 spaces per 1,000 sf of net floor area. As a result, the parking requirements for this use have been met and will have no effect on public parking needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Applicant Analysis: In the review of the Ritz Carlton Residences, this space was identified as a commercial use, and as a result, it was factored into the traffic counts and impacts of the entire project. Ritz Carlton Residences - CLIP for Beauty and Barbershop 5 1/4/2011 9 -2 -27 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Analysis: No modifications to the existing Ritz Carlton Residences is necessary for the proposed "beauty and barbershop." The proposed use has no impact on the scale and bulk of the building. The use itself will provide a service to residents and visitors to the Ritz Carlton Residences, along with those staying in the general vicinity. S. Such other factors and criteria as the commission deems applicable to the proposed use. Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. Applicant Analysis: An environmental impact report is not required for this application. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Ritz Carlton Residences - CUP for Beauty and Barbershop 6 1/4/2011 9 -2 -28 Ad'acents CAREY, ROBERT B. 1 6912 E HUMMINGBIRD LN 2101 - 072 -13 -001 PARADISE VALLEY, AZ 85253 VAIL CORP THE FIXED ASSETS DEPARTMENT 210107222007 390 INTERLOCKEN CRESCENT STE 1000 SHARE SYNDICATE XIII LLC BROOMFIELD, CO 80021 ALISON BUCHHOLTZ 675 LIONSHEAD PL 210107216001 000846 FOREST RD VAIL, CO 81657 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD 210107222008 VAIL, CO 81657 JANICE SAUVAGE TRUST NO 1 8650 W TROPICANA AVE 208 210107217002 000728 LIONSHEAD CIR LAS VEGAS, NV 89147 VAIL CORP PO BOX 7 210107222006 VAIL, CO 81658 SCHICIANO, KENNETH 43 HIGHGATE RD 000710 LIONSHEAD CIR WELLESLEY, MA 02481 VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR 210107222005 VAIL, CO 81657 5 GCP INC AV CHAPULTEPEC 18 COL DOCTORES DANN PETER -Registered Agent MEXICO DF PO BOX 5480 MEXICO AVON, CO 81620 2103 - 014 -01 -068 210107217002 TELLEEN, DANIEL E. RCR Vail LLC 122 E MEADOW DR 390 INTERLOCKEN CRESCENT STE 1000 VAIL, CO 81657 BROOMFIELD , CO 80021 2101 - 063 -03 -015 210107222004 JOSEPH 0. BROUGHTON TESTAMENTARY TRUST JPSSE VAIL IMMOBILIERE LLC 240 ASH ST RUBEN DARIO 115 TORRE 2 DENVER, CO 80220 602 MEXICO D.F. CP 11580 MEXICO 2101 - 063 -03 -016 BROUGHTON, JOSEPH 0., JR & LINDA K. 210107222003 240 ASH ST 3 GCP INC DENVER, CO 80220 AV CHAPULTEPEC 18 MEXICO DF 06640 2101- 063 -03 -014 MEXICO RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E. & MARTHA GRIFFITH DEAN TRUSTEES 210107222002 PO BOX 970 MARK GREENHILL REV TRUST - ELIZABETH GREENHILL REV TONGANOXIE, KS 66086 TRUST - MARK GREENHILL FAMILY DESCENDANTS TRUST 153 SHERIDAN RD MAURIELLO PLANNING GROUP, LLC WINNETKA, IL 60093 POST OFFICE BOX 1127 AVON, CO 81620 210107222001 1/4/2011 9 -2 -29 2101 - 072 -11 -032 2101 - 072 -21 -003 VAIL RESORTS DEV ARKW FUNSKI LLC THE FIXED ASSETS DEPARTMENT 3600 N CAPITAL OF TX HWY 390 INTERLOCKEN CRESCENT STE 1000 BUILDING B STE 320 BROOMFIELD , CO 80021 AUSTIN, TX 78746 2101 - 072 -23 -001 2101 - 072 -21 -002 WDL VAIL CONDOMINIUM ASSOCIATION, INC. ROCALLOSAS LLC GRAHAM FRANK MARGARITAS 433 POST OFFICE BOX 959, COC. EX HACIENDA CHIMALISTAC AVON, CO 81620 MEXICO DF CP 10150 MEXICO THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION 728 W. LIONSHEAD CIRCLE 2101 - 072 -21 -006 VAIL, CO 81657 THOMAS J. KLUTZNICK TRUST 380 GILPIN ST GORE CREEK PLACE, LLC DENVER, CO 80218 3901NTERLOCKEN CRESCENT, BROOMFIELD, CO 80021 2101 - 072 -21 -004 2101 - 072 -14 -004 MIDDLETON, JOHN S. & LEIGH R INTERVEST 8183 LLC Owner Address 343 AVON RD 1133 E 33 PL BRYN MAWR, PA 19010 TULSA, OK 74105 2101 - 072 -21 -005 ORTEGA, JOSE & LETICIA 2101 - 072 -14 -003 CAMPOS ELISEOS 223 NIELDS, MORGAN W. COL POLANCO MEXICO DF 11560 4 SUNRISE DR MEXICO ENGLEWOOD, CO 80110 2101 - 072 -21 -007 2101 - 072 -14 -002 SEPIC GORE CREEK PROPERTIES LLC KIEKHAEFER, FRED 2500 CHERRY CREEK DR S 203 N 7480 COUNTY RD UU DENVER, CO 80209 FOND DU LAC, WI 54937 2101 - 072 -21 -008 2101 - 072 -17 -001 JAYDEN DEVELOPMENT LLC DIAMONDROCK VAIL OWNER LLC 1031 EXCHANGE EXPERTS DIAMONDROCK HOSPITALITY CO 5600 GREENWOOD PLAZA BLVD STE 200 6903 ROCKLEDGE DR STE 800 GREENWOOD VILLAGE, CO 80111 BETHESDA, MD 20817 Vail Marriott® Mountain Resort & Spa 715 West Lionshead Circle Vail, Colorado 81657 USA 2101 - 072 -21 -001 SMITH, ROBERT& MICHELLE 934 GOLDENROD LN LAKE FOREST, IL 60045 Ritz Carlton Residences - CUP for Beauty and Barbershop 8 1/4/2011 9 -2 -30 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development /Peter Patten DATE:. 1/19/81 .(should be 2/19/81) SUBJECT: Karl Hoevelmann request for an amendment to the Conditional Use Section of the Commercial Core_. Zone District to allow -barber shops >_,and beauty shops as permitted uses., subject to a Conditional Use Permit. BACKGROUND OF REQUEST This request stems directly from Mr. Hoevelmann's wish to convert a small, circular retail space near the street level entrance of the Gold Peak House to a beauty salon. Presently, beauty and barber shops are allowed on any floor except street level, as per Ordinance 8 of 1973. A review of the permitted uses in CCI clearly indicates the intent to limit this level to retail, tourist- oriented shops. Personal service and office uses were purposely left out of the permitted uses for street level. The request is to allow the beauty and barber shop use on street level with the issuance of a Conditional Use Permit. On January 12, 1981, Karl Hoevelmann appeared before the PEC to discuss the issue of the Planning Department's disapproval of his request to have a beauty shop in the space formerly occupied by the Sugar Daddy-in the Gold Peak House. It was stated at that time, that the only way for Mr. Hoevelmann to be allowed his beauty shop in that space was to have the zoning code amended for street level uses in Commercial. Core I. Two issues were focussed on during that PEC discussion: 1. Was a beauty shop an appropriate use on street level in the CCI Zone District? Should there be a reconsideration of this and other issues regarding horizontal zoning in both Cores? 2. Is there a difference in the impact and appropriateness of a use when one differen- tiates between direct street frontage space and off - street, interior space with no street frontage? Discussion of these items produced no definite direction or decisions. The PEC felt that these issues should be discussed at the joint PEC and Town Council work session which took place the following day. The opinions at that-meeting were basically that no major changes in the horizontal zoning regulations should be made at that time, but that a 90 -day period be set aside to study it to explore the possiblities for change. Also, no request was made to direct the Staff to change the code so that beauty shops would be permitted on street level in CCI and CCII.. Obviously, we are being asked to act on this request before that overall review can take place. Thus, the following represents the staff position on the issue at hand at this time. Attachment C 1/4/2011 9 -2 -31 Hoevelmann - 2 - 2/18/81 RECOMMENDATION • We feel there is merit in examining the differentiation of impact of a use when it does not have direct street frontage on a major pedestrian way. A beauty shop may be detrimental to the goals of the original horizontal zoning ordinance if it would appear, for example, in the space that now occupies the Mug Shop or Bridge Street Inn. However, if it occurs on an interior lobby space of the Lodge at Vail, the negative effects are significantly reduced or eliminated and no..compromising of the objectives of the regulation are realized. The underlying premise here,is that major pedestrian ways should be fronted with retail tourist- oriented shops because.they draw and attrac interest and sales volumes - they must be highly visible: `. - : Interior, unobvious spaces within hotel lobbies or interior arcades are not drawing people to them on their own -- the people usually have a specific reason or purpose other than sightseeing to enter these areas. Thus, certain uses may be appropriate for these spaces wherein they woul not be appropriate for highly visible major street frontage spaces. Addressing the other issue of whether or not the beauty shop use was appropriate for street level, we feel it would be if it met the locational criteria of being off -stree interior space... The requirement would be that the proposed.space would not contain any street frontage on a major pedestrian way or outdoor mall.area. The space must have access only from an interior lobby or arcade -type area. We would propose that the Conditional Use Permit Factors be amended so that barber and beauty shops requesti a Conditonal Use Permit in CCI and CCII, be required to meet these locational criteria before the permit could be granted. We feel that this may not be the only use to fall within this new locational criteria and look forward to a more complete review of other uses which may be in a similar situation. This review is upcoming soon, when we take a total look at horizontal zoning. In conclusion, we would recommend the approval of the Hoevelmann request with the coed tion that Section 18.60.060 Criteria - Findings for Conditional.Use Permits be amended so that under paragraph A, a number 8 would be added to read: 8. No Conditional Use Permit will be approved for barber or beauty shops on first. or street level in wither Commercial Core I or Commercial Core II unless the applicant has demonstrated, to the Community Development Department's satisfact. that the space in question contains no exterior frontage on a major pedestrian or vehicular way or public mall area. 1/4/2011 9 -2 -32 WEINSHIENK, MILLER, BORUS & PERMUT ATTORNE 5 AT LAw 2200 LINCOLN CENTER BUILDING HUBERT T. WEINSHIENK H. MICHAEL MILLER 1660 LINCOLN STREET VAIL OFFICE BANK JOSEPH S. BORUS DENVER, COLORADO 80264 vAIL NATIONAL 0.80X 3510 UILDIHO BARRY PERMUT vnlL,coLORAOO e1e67 EDWARD W. STERN TELEPHONE (303) B6l -4555 TELePHOHE (303)476 -1066 JAMES A,JACOBSON January 26, 1981 Mr. Dick Ryan Director of Community Development Town of Vail Vail, CO 81657 Re: Karl Hoevelmann - Condominium Unit No. 103 Golden Peak House Building Dear Mr. Ryan: In connection with the problem encountered by Karl Hoevelmann in establishing his barber and beauty shop in the Golden Peak House Building and following our discussion of this matter, I believe that the most efficient way to propose an amendment to the Zoning code which would allow Carl to use the ' condominium space for his beauty and barber shop is to create two additional categories of conditional uses in the "CC --1" district for barber shops and beauty shops. Karl could then apply for the necessary conditional use permit if the amendment were passed. By making barber shops and beauty shops conditional uses, the town can continue to maintain control over street level uses, and avoid having these types of uses proliferate as a matter of right. Furthermore, the amendment to the zoning code required to make this change is simple and free of the danger of having unknown future ramifications. Karl, however, would be permitted to use his space as he desires if he can satisfy this criteria for a conditional use. Consequently, I suggest that an amendment be prepared to Chapter 18.24.030(c) of the Town of Vail Zoning Ordinance adding the Following subsections 5 and 6: "5. Barber Shops. 6. Beauty Shops." 1/4/2011 9 -2 -33 W EINSWIENK, MILLER, BORUS & PERMUT Mr. Dick Ryan - 2 -- January 26, 1981 If I can provide any assistance in preparing or processing the proposed amendment to the Zoning code, please do not hesitate to communicate with me. Ver truly yours k f l j�� Hubert T. Weinshienk HTW:tjw cc: Mr. Karl Hoevelmann 1/4/2011 9 -2 -34 b id* 4207 East Columbine Drive No. 5 Vail, Colorado 81657 December 23, 1980 Mr. Gerry White Chairman of Planning and Envirormental Com ission Vail Municipal Building 75 South Frontage Road Vail, Colorado 81657 Dear Mr. White: As owner of Unit No. 103 in the Golden Peak House Building (Lodge Lobby), I am submitting this letter for your consideration in granting me the zoning permit for license needed to open my own Barber and Beauty Shop in the above mentioned space. Some time back I visited with Zoning Administrator, Mr. Jim Ruben, and explained to him the remodeling 1 wished to do in this space for the purpose of opening up a Barber and Beauty Shop. This remodeling consisted of plumbing work necessary for my shop, close and move some of the small windows, and other carpenter work. Mr. Rubin was familiar with the space, which had been occupied by the business, "The Sugar Daddy." I asked him for advice concerning regulations, permits etc, and I assumed he would have given me all the information I needed to know for this type of change. He told me that I did not need a permit for changes such as this since they were being done inside the buildinq, and that he could see nothing that would prevent my opening a shop. After my visit to Mr. Ruben's, I proceeded with the remodeling of my property. I am now conu&tted to approximately $20,000 which includes the remodeling plus new furniture, light fixtures, and equipment. Feeling confident that because I had followed Mr. Robin's instructions, I went to the Town Hall two weeks ago to obtain my town license for opening my shop and was totally shocked when I was told by Mr. Peter Patten, the new president of The Town of Vail Planning and Environmental Commission, that it was prohibitive for me to obtain my license due to technical reasoning that the shop would be street level. Along with the above informational material, I would like to cite the following facts that I believe constitute valid reasons for my being granted 1/4/2011 9 -2 -35 Mr. Gerry White December 23, 1980 Page 2 a town license for opening my shop.: I. The ccnrnercial space is approximately 24 feet away from the street line,'inside the Golden Peak House Building (Lodge Lobby) and the space has its own separate entrance. II. Due to the fact that the space is round and consists of only 150 square feet, it is not suitable for most businesses categorized as street level. III. Conditional uses -- Factors applicable (see page 350 of Corm�ercial Core l (CCI) District. My property cariplies with these restrictions. IV. Since the time this building was ccwpleted and occupancy was granted, there has been a beauty shop housed in it. The shop moved only 24 months age. (Lady Vail) V. There is a definite need for a facility such as my proposed one, since there is not one on the south side of Gore Creek. La Coiffure in the Sitzmark Lodge was street level f - VI. The Golden Peak House Condominium Association has given their approval for such a shop. VII. The State Board of Cosmetology has granted me license for a shop. My family and I have lived in Vail for seven and one -half years, and this is a critical point for us. Much of our future depends upon your decision. I would deeply appreciate every consideration given me. Sincerely, Karl Hoevelmann cc: Gaynor Miller Dan Corcoran Roger Tilkemeir Duane Piper Jim Morgan Scott Edwards 10 1/4/2011 9 -2 -36 January 6, 1981 Mr. Gerry White Chairman of Planning and Environmental Commission Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Gerry: I would like to respond to the December 23, 1980 letter from Karl Hoevelmann. My recollection of my visit with him is considerably different from what is stated in his letter. My recollection is that he asked me if he could put plumbing in the Sugar Daddy Boutique, but at no time mentioned that he intended to change its use into a barber and beauty shop. I even remember asking him what the plumbing was for, and remember his answer to be that he was planning on putting a sink in the boutique. This meeting did happen a while ago, and I don't completely.re- member the visit. This is, however, my best recollection of what Karl and I discussed. Sincerely, AMES A RUBIN Former Zoning Administrator JAR;bpr 1/4/2011 9 -2 -37 Duane Piper requested that the staff check a motion made by Dan Corcoran concerning the exterior alteration and modification and height variance.- -of the Sitzmark building, to see whether or not it included the condition ..of..particpating in the Vail Village improvement district. • Dan Corcoran moved to approve the minutes subject to the correction above, and Scott seconded the motion. The vote was 7 -0, unanimous. 2. Weinshienk- Hoevelmann request to allow barber and beauty shops on street level in CCI Zone District Peter Patten described the expansion of the issue from the original request on 1/12/81, as stated in the memo of 1/19/81. (The correct date on the most recent memo should have read 2/19/81). He added that interior spaces do not perform the same functions as those directly on the street. He recommended approval of the Hoevelmann request with the amendment of Section 18.060, paragraph A to add: 8. No Conditional Use permit will be.approved for barber or beauty shops on first or street level in either Commercial Core I or Commercial Core II unless the applicai has demonstrated, to the Community Development Department's satisfaction, that the space in question contains no exterior frontage on a major pedestrian or vehi- cular way or public mall. Barry Permut representing Mr. Hoevelmann, stated that Mr. Hoevelmann agrees with the staff on the wording of the amendment. He added that he felt there was also a hardship in this case. Discussion followed concerning whether or not the amen&ent should cover a broader use. Finally, Jim Morgan moved, and Roger seconded to recommend to the Council an amendment to Conditional Uses on street level in CCI and CCII to allow personal services as define in the Code as conditional uses with the added provision .of No. 8 as defined in the memo dated 1119181. The vote was 5 -2, with Dan and Gaynor voting against. Motion passed. 1/4/2011 9 -2 -38 ORDINANCE x#18 (Series of 1981) k h +fr ' u t.j ; i AN ORDINANCE Ai�IENDING SECTION 18.24.030 75 s. irontipe ro, PERMITTED AND CONDITIONAL USES - FIRST wail, Colo ado 81 FLOOR OR STREET LEVEL - OF THE MUNICIPAL 0`ticC CODE OF THE TOWN OF VAIL, COLORADO; MAKING BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS FIRST FLOOR OR STREET LEVEL CONDITIONAL USES IN COMMERCIAL CORE I AND COMMERCIAL CORE II ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET, WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTII DETAILS THERETO. WHEREAS the Town Council believes that barber shops, beauty shops and beauty parlors are acceptable first -floor or street level conditional uses so long as they do not have any exterior frontage in any public way, street, walkway, alley or mall area; and, WHEREAS they believe such an amendment to the zoning ordinance will benefit the public health, safety and welfare of the inhabitants of the Town of Vail. 1/4/2011 9 -2 -39 k Section 2 If any part, section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decisions 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, sub - section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub - sections, sentences, clauses, or phrases be declared invalid. Sectioim 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. Section 4 The repeal or the repeal and reenactment of any provision 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 commended, nor any other action or proceeding has commenced under or by virtue of the provisions repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superceded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 7TH DAY OF APRIL, 1981, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981. Inlayor ATTEST: 1/4/201 9 -2 -40 INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of April, 1981, and ordered published by title only. riayor � ATTEST: Town perk 1/4/2011 9 -2 -41 �J '✓ / W ut Pi xx f- i 01 II Q/ I ± _ \ �1 I� z A D 9 -2 -42 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled the second reading of Ordinance No. 15, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the second reading of Ordinance No. 15, Series of 2010, to its January 18, 2011 public hearing. 1/4/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: Continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table Resolution 23, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables Resolution 23, Series of 2010, to its January 18, 2011 public hearing. 1/4/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 4, 2011 ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, grant a continuance of this item to the Vail Town Council's January 18, 2011 public hearing to allow the parties additional time to obtain information. BACKGROUND: On December 21, 2010 the Vail Town Coucil granted a continuance this item to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have been negotiating an alternative location for the proposed golf course lightning shelter. Both the applicant and the appellant are requesting additional time to continue their negotiations. STAFF RECOMMENDATION: Staff recommends the Vail Town Council grants a continuance of this item to the January 18, 2011 Town Council public hearing to allow the parties additional time to obtain information. 1/4/2011