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HomeMy WebLinkAbout2002-0325 PECTFfIs ITEM MAY AFFECTYOUR PROPERTY -. PUBLC NCMCE kTIC'E IS HEREBY GVEFI that the F"lanring'arxl ! FrMronmerilal Commssion of the True of Val wll hold a pihiio heanng in arccorde,,on wM Section 12 -'3-6 of the M4nicpef oode d Ibe Town of Val on iManat 25, 2002, at 200 P.M. in - the Town of ..Vail [Mun c pal Bui"ng- In considembw of r r e c qpes t e Gx a Major. to Special De•- vow 28, to a 10F the 6imruition, Fn9 located at � 3% Hare on Rauch ristiania Units 410 $ 42Gq -a R E%ok 1st FAN pp Gat1 S Richard Siegal, reprcmnted . by WrierRrchitooM . Planner: EMGbwWAA6on0obs A request, br a mconmratdatibn m rte Va3 Tarot Cora 1 of a tend arendrnent to TrIs 11, 11 -5, Prohiboad Signs, Sian Pwgiafiorrs, Vaii . Tamp Code, to allow for ceri6 c1t -s advertisRtg . - .:s+cy> ,i* setting 1or8t tlolait in rr9anf thereta - Applicant ' �Trxn d Vail Planar GeorgoRuthnr ' .... .. i A request for a reconmeridakn tin the. VQ -Town - Councd, of a lard amendment to 12. Section 1 2 -2, to amend the defirhitk n of Traction Fee Oub I and to amend Trge 12. Section 1&-7A-8, to arrend - tie Use Spedfie Cntena 8 Standard, and setting! forth deiads in repw%tte:reto. Applicant Rob i,aJime Planner. George RL&w - An appeal of a staff detwm rot cn of the' Titst floor I or 'street le-yer of the Val 21 Ekj!dL g, located at' 511 East Lkxmh:ad Circle, Part al Lot 3, Block 1,:, .. -- - Va6 linnstrnad I st f -Ting. - Appellant Vail Spatially Sports- - . . - - - f',anner. George Rutter The apakcaions and information about. the Propci - als are avai(atde lor public inspe0on during regu-; lar - office hours in tie projed planWs office, bcet- od at the Town of Vail Cpnmurdy DwelowwA Depar meet, 75 South Frontage Road. The puA is invited to atend project onarttarfon and the site vVsts tl d precede rho pL"c hearing in the Town of Vail - Canrsrtity De,4dapment Deparhrr n . Pleae cell 479 -2138 for information. Sign lan� Inferpne"on avadeNe upon - quest wth 244)aur noW -Won Please call 4 2356, Te4lhone for the tiearN Impaired, for ln- Farrnaticn. ... for —r4y 13- 4opntrint Depar tmeni • 00 BEST COPY AVAILABLE { kr NEf b Block 2, Vall rl1lff`age isl ffg, � ?" r tlrereta, located at 2S0 S. Frardage Rd. West ' •, . AND ., - - 1 Lot 2; Block 1, Dail - Lionshead 2nI Fihog and 1£11 South Fontage Read West! Lots E and F, Vail Vil- :. ENVIRONMENTAL -- ail Applicant: G 6 Richard Siegal., represented by Mortar Architects ge second Fling. I COMMISSION Planner: BiN GibsonlGeoige Ruther Applicant: Evergreen Hotel and the Vail Vauey PUBLIC MEETING SCt IE�ULE 4. A inquest fir a recommendation to Medical Center the'Yall Town CourwA, for a text amendment to Ti- Planner: Alison Ochs - Monday. 25, 2005. Y an tte Section 2-2, to amend the dafhVd d 'Fraction Fee Club' and to amend Title 1 Bastian ctr RI, 2002 T/teLED UN71L APL B PROJECT ORIENTATION f - Community 1 3' 7p -8, to amend the Use Sperftari¢ S 1 & ciNc C mop- - - Standards, and seting forth details in regard 8. Approval of March 1.1, 2002 merit Dept, PUBLIC WELCOME 12:00 pm there - MEMBERS PRESENT MEMBERS A85EN7 to. g. Information Update Site Visits 1:00 pm - - ' 1.Middle Creek - 160 N. f=rontage Read Applicant: Rob Lavine The applications and information about the propos- 2, Club - 304 Bridge treet � Plannar.Georga Ruther ale are available for pudic inspection during regu- 3. Vail 21 - 511 East Lionshead Circle . 5. An appeal of a slatf determination of tar office hours in the project planners office locat- i Driver George the 'first floor' or 'street level' of the Veil 21 Build- ed at the Town of Vail Community Development I NOTE: It the PEG heann extends unfit 6:W p.m., 9 ing, located at 511 East Uanshoad Circle, Bart of Department, 75 South Frontage Road. Please call f . the board may break tar dinner from 6:00 - 6:30 Lot 3, Block 1, Vail Lionshead t at Filing. 479.2138 for information. Public Hearing - Town Council Chamber 2:00 Appellant-Vail Specialty Sports, Inc. Sign language interpretation available upon re- pm - Planner: GeoMe Ruther - .quest with 24 tour notification. Please call 479 -. 2356, Telephone for the Hearing Impaired, for in- t. A request for a conditional use permit 6, A request far a iecomrnendabon to formation. to allow for an Early Learning Center and a request the Vail Town Count for a text amendment to TI- Commurrfty Development Department for development plan review to construct Employ Ne 11, Section 11 -5, Prohibited Signs. Sign Regu- - •` ee Housing within the Housing Zone District and lations, Vail Town Code, to allow for conain off-sire PuWrahed March 22. 2402 in the Vat# Daily: setting forth details in regards thereto, located at advertising signs, and setting forth details in . the $ite known as `Mountain Ml'/an unplatied regard - - --- ---- -- - ppiei:e of property, located at 160 N, Frontage thereto, RdRo be platted as Lot 1, Middle Creek subdivi- sion. Applicant: Turn of Vail - Planner: George Ruttier Applicant: Vail Local Housing Authority, represent- - _ - ed by Odell Architects 7. A request for a minor subdivision at - Planner: Allison Gchs Lot 2, Block 1, Vail Lionshead Second Filing (Ever -1 green Lodge) and Lot F. Vail Village Second Filing! 2. A request for a conditional use +tit aq Pe (Medical Center); a request to rezone a portion of' to allow for a bank and finanaal insmut on, located Lot 2. Block 1, Vail Lionshead Second Filing (Ever- at The Club. 304 Bridge Streetl -ot H. Block 5A, Vail Village 1 st Filing. green Lpd9e) from Special Development District Na. 14 to Lionshead Mixed Use 1; a request to m. zone a portion of Lot 2, Block 1, Vail Lionshead _ Applicant: The Club n9 (Evergreen Lodge) from Spacial [3e- Planner: Sig Glbsorv'Attison Ochs:' - :- velopmeol District No. 14 to General Usa; ate' quest to rezone a portion of Lot F Vaid Village Sec- 3. A request AmerMrnent to eq fora h'1¢jot Special Development Distnct # -28, to allow for the end Fling (Medical Center) from General Use to L.nshead (Axed Use f; And It taquast to amend blirryftalialo4 a Oval . unit. .loWeA k 35fp Hprk ..the 410 b 4201Lot RedevM son Ranch Road Chgstierma Units op en, Master Plan and setting JM*, details in re- p " • I •_. _.. - . -.. - rl __ . ar.kN..':Lf,rf_, e4: su�_r.;r; .._ -..y. � tb. ,+..:.;:.:._. a_ �`I".'a..ta7u;s.,.i.:�. ,.... -. � is THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE is NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Townf Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of th it Town of Vail on March 25, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420/Lot D, Block 2, Vail Village 1 t Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson /Allison Ochs A request for a recommendation to the Vail Town Council of a text amendment to Title 11, Section 11 -5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off -site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther A request for a recommendation to the Vail Town Council, of a text amendment to Title 12, Section 2 -2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16- 7A -8. to amend the Use Specific Criteria & Standard, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle. Part of Lot 3, Block 1, Vail Lionshead 1 5t Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 8, 2002 in the Vail Daily. TO WIN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, March 25, 2002 ZA, PROJECT ORIENTATION ! - Community Development Dept. PUBLIC WELCOME 12 ( MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1:00 pm 1. Middle Creek — 160 N. Frontage Road 2. The Club — 304 Bridge Street 3. Vail 21 — 511 East Lionshead Circle Driver: George � NOTE: If the PEC hearing extends until 6;00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. A request for a conditional use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell "/an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs 2. A request for a conditional use permit to allow for a bank and financial institution„ located at The Club, 304 Bridge Street /Lot H, Block 5A, Vail Village 1 ' c Filing. Applicant: The Club Planner: Bill Gibson /Allison Ochs 3. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420 /Lot D. Block 2, Vail Village 1 Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson /George Ruther 4. A request for a recommendation to the Vail Town Council for a text amendment to Title 12 Section 2 -2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16 -7A -8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. 401 Applicant: Rob Levine Planner: George Ruther ly TOWN OF 1LIL 5. An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1 Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther 6. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11 -5, Prohibited Signs, Sign Regulations Vail Town Code, to allow for certain off - site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther 7. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West / Lot 2, Block 1, Vail Lionshead 2 nd Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing, Applicant; Evergreen Hotel and the Vail Valley Medical Center Planner: Allison Ochs TABLED UNTIL APRIL €, 2002 8_ Approval of March 11, 2002 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 22. 2002 in the Vail Daily. PJ 0 2 k PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, March 25, 2002 PROJECT ORIENTATION f - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland John Schofield Doug Cahill Diane Golden Erickson Shirley Chas Bernhardt Site Visits: 1. Middle Creek — 160 N. Frontage Road 2. Vail 21 511 East Lionshead Circle Driver: George 12:00 pm 1:00 pm NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm A request for a conditional use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H. Block 5A, Vail Village 1" Filing. Applicant: The Club Planner: Bill Gibson /Allison Ochs WITHDRAWN BY THE APPLICANT 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420 /Lot D, Block 2, Vail Village 1" Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson /George Ruther MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 6 -0 APPROVED WITH 1 CONDITION: 1. That prior to the issuance of building permits, the applicant submits a revised condominium map reflecting the approved major amendment; and that the approval of the major amendment to Special Development District No. 28 be contingent upon staff review and approval of said condominium map. 41LTOWN MEMBERS ABSENT Brian Doyon 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12, Section 2 -2, to amend the definition of "Fraction Fee Club" and to amend Title 12. Section 16- 7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther MOTION: Diane Golden SECOND: Doug Cahill VOTE: 5 -0 TABLED TO APRIL 8, 2002 4. An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1 st Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther MOTION: John Schofield SECOND: Erickson Shirley VOTE: 4 -2 (Bernhardt and Golden opposed) APPROVAL TO UPHOLD THE STAFF DETERMINATION WITH 2 FINDINGS AND 1 CONDITION: Findings: That based upon the Commission's review and interpretation of the prescribed regulations outlined in Title 12, (Zoning Regulations) of the Vail Town Code, the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been met with the applicant's proposal. Specifically, pursuant to the definition provided in Section 12- 7H -3(A) of the Vail Town Code, the old Uptown Grille space within the Vail 2.1 Building is determined to be the "first floor" or "street level" of the building. The Commission's determination is based upon evidence provided during the public hearing and site visit, as well as the configuration of the building, topography of the developed site, layout of the exterior walkways, and the presence of a "basement" or "garden level" of the building directly beneath the space in question. 2. In upholding the administrative determination of the Community Development Department, the Commission finds that pursuant to Section 12 -71-1-6, Accessory Uses, of the Vail Town Code, the existing use of the space is not an accessory use to the permitted retail stores and establishment allowed on the first floor or street level of the building and is not necessary for the operation thereof. This finding is based upon the existing of an administrative office in the existing and adjacent retail space and on the fact that other administrative functions are occurring in the space that are not for the support of the retail use. Condition: • That the appellant, Vail Speciality Sports Venture, LLC, submits a demolition plan for the illegally converted interior space to the Town of Vail Community Development Department for review and approval of a required demolition permit and that the existing use of the space discontinue. The discontinuance of the use and removal of 1 8 the illegally constructed improvements shall be completed by no later than June 1, 2002. I r 1 LJ MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 25, 2002 SUBJECT: A request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District No. 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road (Christiania at Vail), Units 410 & 42011_ot D, Block 2, Vail Village 1 St Filing. Applicant: Gail and Richard Siegal, represented by Morter Architects Planner: Bill Gibson DESCRIPTION OF THE REQUEST AND BACKGROUND The applicants are requesting to consolidate two existing fourth -story residential dwelling units at the Christiania at Vail, located at 356 Hanson Ranch Road. The proposed consolidation of units 410 and 420 at the Christiania at Vail will constitute the elimination of one dwelling unit within Special Development District No. 28. The elimination of a dwelling unit will bring the density of Special Development District No. 28 more into conformance with the density requirements of the underlying Public Accommodation District zoning. Pursuant to Section 12 -9A -2, Vail Town Code any request to change the number of dwelling or accommodation units within a special development district constitutes a "major amendment" request- In 1992, the Vail Town Council passed Ordinance No. 8, Series 1992, establishing Special Development Districts No. 28, Christiania at Vail, and adopting a development plan for Special Development District No. 28 in accordance with the requirements of the Vail Town Code. Any major amendment to Special Development District No. 28 requires Planning and Environmental Commission review and the approval of an ordinance by the Town Council. A draft version of Ordinance 8, Series of 2002, which repeals and reenacts Ordinance 8, Series of 1992, with the proposed amendments has been attached for review. No exterior construction is being proposed as part of the consolidation of these two dwelling units, therefore, this proposal does not require Design Review approval. II. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council regarding the proposed major amendment to Special Development District No. 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road (Christiania at Vail), Units 410 & 42.0. The staffs recommendation for approval is based upon the review of the applicable policies and regulations outlined in Section IV and V of this memorandum, the criteria outlined in Section VI of this memorandum, and the evidence presented. Should the Planning and Environmental Commission choose to L forward a recommendation of approval of this request to the Town Council, staff recommends that the following findings be made part of the Commission's motion: 1. That the proposed major amendment to Special Development District No. 28, Christiania at Vail, complies with the design criteria outlined in Section 12 -9A -8, Vail Town Code, 2. That the applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. Should the Planning and Environmental Commission choose to forward a recommendation of approval for the requested major amendment, staff would recommend that the approval carry with it the following condition: 1. That prior to the issuance of building permits, the applicant submits a revised condominium map reflecting the approved major amendment; and that the approval of the major amendment to Special Development District No. 28 be contingent upon staff review and approval of said condominium map, Ill. ZONING 1 DEVELOPMENT STATISTICS Lot size: 0.380 acres (16,553 sq.ft.) Underlying PA Zoning (1992) SDD No. 28 {19921 Proposed Total GRFA: 13,242 sq.ft. 14,117 sq.ft. no change Density: 9 dwelling units 3 du's & 21 au's = 2 du's + 21 au's 13.5 du's 12.5 du's AU GRFA NIA 7,335 sq.ft. no change DU GRFA NIA 5,041 sq.ft. 5,202 sq.ft. Common Area NIA 1,741 sq.ft. 1,579 sq.ft. Site coverage: 55% 39% no change Landscaping: 30% 32% no change Setbacks: front: 20 ft. 15 ft. no change side: 20 ft.120ft. 0 ft./10 ft. no change rear: 20 ft. 8 ft. 6 in. no change Height: 48' sloping/45' flat 44 ft. flat no change 40 Parking /Loading: NIA 41 spaces no change 2 rJ 0 IV. COMPLIANCE WITH THE PURPOSE OF SPECIAL DEVELOPMENT DISTRICTS Titlel2, Chapter 9, Vail Town Code, provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12 -9A -1, the purpose of a Special Development District is as follows: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities: to preserve the natural and scenic features of open space areas: and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development district. Staff believes that the proposed major amendment to Special Development District No. 28 conforms to the purpose of Special Development Districts. At the time of its establishment, Special Development District No. 28 allowed a density that exceeded what would have been allowed by the underlying zoning_ The proposed elimination of one dwelling unit brings the density of Special Development District No. 28 more into conformance with the density requirements of the underlying Public Accommodation District. 0 V. COMPLIANCE WITH THE VAIL VILLAGE MASTER PLAN The goals for Vail Village are summarized in six major goal statements. Each major goal focuses on a particular aspect of the Village community. "Goal 1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain a sense of community and identity. " This proposal complies with this goal by upgrading and redeveloping an existing residential property in the Village without altering the existing architecture of the property. "Goal 2 To foster a tourist industry and promote year - round economic health and viability for the Village and for the community as a whole. " This proposal complies with this goal by upgrading and redeveloping an existing residential property in the Village. However, the cumulative effect of reducing the number dwelling units in the Village may have a negative affect on the economic health and viability of the Village. "Goal 3 To recognize as a top priority the enhancement of the walking experience throughout the Village. " This proposal will have little or no affect on the walking experience throughout the Village. M r "Goal 4 To preserve existing open space areas and expand green space opportunities. " 0 This proposal will have no affect on any open space areas or green space opportunities. "Goal 5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. " This proposal complies with this goal by eliminating one dwelling unit at the existing Christiania at Mail, thus decreasing the number of daily vehicular trips to this site. "Goa! 6 To ensure the continued improvement of the vital operational elements of the Village. This proposal will have little or no affect on the operational elements of the Village. VI. MAJOR AMENDMENT TO A SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standard's, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. 0 A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no site improvements or any exterior construction associated with this proposal; therefore Staff does not believe that this criterion is applicable to this proposal. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. There is no proposed change in use or activity associated with this proposal. Staff believes that the proposed reduction in density continues to provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed elimination of one dwelling unit brings the density of Special Development District No. 28 more into conformance with the previous density requirements of the underlying Public Accommodation District. However, the cumulative effect of reducing the number dwelling units in the Village may have a negative affect on the economic health and viability of the Village, 0 C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town Code. This proposal complies with the parking and loading standards of the approved development plan and Staff believes that the reduction of one dwelling unit will have a positive impact on parking availability for the Christiania at Vail. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban design Plan. Vail Land Use Plan 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. 13 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. Staff finds the application to be in conformance with all applicable goals, policies and objectives outlined in the Vail Land Use Plan. Vail Village Urban Design Guide Plan This property is not located within the area included in the Urban Design Guide Plan; therefore Staff does not believe that the provisions of the Urban Design Guide Plan are applicable. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. l F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. There are no site improvements or any exterior construction associated with this proposal; therefore Staff does not believe that this criterion is applicable to this proposal. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. There are no site improvements or any exterior construction associated with this proposal that directly affect the existing vehicular or pedestrian traffic circulation. The elimination of one dwelling unit from the site should provide a net decrease in the number of daily vehicular trips to /from the site, and Staff believes that this will have a positive impact on vehicular traffic circulation at the Christiania at Vail. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There are no site improvements or any exterior construction associated with this proposal; therefore Staff does not believe that this criterion is applicable to this proposal. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special 0 development district. There is no phasing of this proposal; therefore Staff does not believe that this criteria is applicable to this proposal. VII. FINDINGS The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval to the Town Council for a major amendment to a Special Development District. That the proposed major amendment to Special Development District No. 28, Christiania at Vail, complies with the nine design criteria outlined in Section 12 -9A -8, Vail Town Code. 2. That the applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. • A • ORDINANCE NO. 8 Series of 2002 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 8, SERIES OF 1992, PROVIDING FOR THE RE- ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 28, AND PROVIDING FOR AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, IN REGARD TO CHANGES IN THE NUMBER OF DWELLING UNITS, MODIFICATIONS IN COMMON AREA AND GROSS RESIDENTIAL FLOOR AREA SQUARE FOOTAGES, AND AMENDMENTS TO THE DEVELOPMENT PLAN IN ACCORDANCE WITH TITLE 12, CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Chapter 9 of the Vail Municipal Code authorizes Special • Development Districts within the Town in order to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. WHEREAS, in 1992, the Town Council adopted Ordinance No. 8, Series of 1992, establishing Special Development District No. 28, Christiania at Vail (SDD 28); and WHEREAS, Section 12 -9A -10 of the Vail Municipal Code permits major amendments to previously approved Special Development Districts; and WHEREAS, the applicant, Gail and Richard Siegal represented by Morter Architecture, has submitted an application for a major amendment to the existing Special Development District No. 28, Christiania at Vail; and WHEREAS, the applicant has complied with the requirements outlined in Section 12 -9A- 10 of the Vail Municipal Code; and WHEREAS, the purpose of this ordinance is to provide for the repeal, re- establishment, nd amendment of Special Development District No. 28, Christiania at Vail, in regard to hanges in the number of dwelling units, modifications in common area and gross residential oor area square footages, and amendments to the development plan in accordance with Title 2, Chapter 9, of the Vail Municipal Code and setting forth details in regard thereto; and WHEREAS, the approval of the major amendment to Special Development District No. 0 28, Christiania at Vail, and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail; and WHEREAS, in accordance with the provisions outlined in Title 12 of the Vail Municipal Code, the Planning & Environmental Commission held a public hearing on the major amendment application on March 25, 2002; and WHEREAS, aU public notices as required by the Vail Municipal Code have been published and sent to the appropriate parties; and WHEREAS, the Planning & Environmental Commission has recommended approval of the major amendment to Special Development District No. 28, Christiania at Vail and has submitted its recommendations to the Town Council; and WHEREAS, the Town Council considers it in the best interest of the public health, safety, and welfare to approve the major amendment and adopt the revised Approved Development Plan for Special Development District No. 28, Christiania at Vail; and WHEREAS, the Vail Town Council finds that the major amendement for Special Development District No. 28, Christiania at Vail, will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and, WHEREAS, the Town Council finds that the underlying zoning designation of Public Accommodation District is compatible with and suitable to adjacent uses, and is consistent with the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; and WHEREAS, the Town Council finds it is reasonabte, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 8, Series of 1992, to provide for such changes in Special Development District No. 28, Christiania at Vail; and 0 a v' WHEREAS, the Town Council finds that the major amendment to Special Development District No. 28, Christiania at Vail, is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1992 is hereby repealed and re- enacted to read as follows: Section 1: Purpose of the Ordinance The purpose of this ordinance is to provide for the repeal, re- establishment, and amendment of Special Development District No. 28, Christiania at Vail, in regard to changes in the number of dwelling units, modifications in common area and gross residential floor area square footages, and amendments to the development plan in accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details in regard thereto. Section 2: Amendment Procedures Fulfilled, Planning Commission Report The review procedures prescribed in Section 12 -9 -10 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed major amendment Special Development District No. 28, Christiania at Vail. Section 3: Special Development District No. 28, Christiania at Vail The Special Development District and the major amendment to the approved development plan are established to ensure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 2B is regarded as being complementary to the Town of Vail by the Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public .Accommodation District requirements. 3 A Section 4: Approved Development Plans The Town Council finds that the amended approved development plan for Special Development District No. 28 meets each of the standards set forth in Section 12 -9A -10 of the Vail Municipal Code. In accordance with Section 12 -9A -10 of the Vail Municipal Code, the amended development plan for Special Development District No. 28 is approved and Special Development District No. 28 is hereby approved. The amended approved development plan is comprised of those plans submitted by the developerlapplicant and consists of the following documents: 1. Sheet No. Al, dated January 27, 1992 and revised March 16, 1992 (site plan), prepared by Pierce, Segerberg & Spaeh Architects. 2. Sheet Nos. A2 -A5, dated January 27, 1992 and revised March 16, 1992 (first, second, third and fourth floor plans), prepared by Pierce, Segerberg & Spaeh Architects. 3- Sheet No. A6, dated January 27, 1992 (roof plan), prepared by Pierce, Segerberg & Spaeh Architects. 4. Sheet Nos. A7 -A9, dated January 27, 1992 and revised March 16, 1992 (North, South, East and West elevations), prepared by Pierce, Segerberg & Spaeh Architects. 5. Sheet No, L1, dated January 27, 1992 and revised March 6 and March 16, 1992 (landscape plan), prepared by Pierce, Segerberg & Spaeh Architects. 6. Parking Plan for Lot P -3, dated February 8, 1992 and revised February 18, 1992 and March 16, 1992, prepared by Pierce, Segerberg & Spaeh Architects. 7. North elevation of lobby, dated April 22, 1991, prepared by Pierce, Segerberg & Spaeh Architects. S. Proposed Dumpster Relocation, dated April 21, 1992, prepared by Pierce, Segerberg & Spaeh Architects. 9. Siegal Residence, Proposed 4 Floor Plan, dated February 25, 2002, prepared by Morter Architects. 10. Siegel Residence, Proposed Loft Plan, dated February 25, 2002, prepared by Morter Architects. • I • Section 5: Approved development Standards The Town Council finds that any deviation of the development standards from the underlying zone district provides benefits to the Town that outweigh the adverse effects of such deviation. The development standards for Special Development District No. 28 are approved by the Town Council as a part of the approved development plan as follows: A. SETBACKS Setbacks shall be as designated on the development plans set forth in Section 4 of this Ordinance. B. HEIGHT Building height, for a sloping roof, shall not exceed 48 feet from existing or finished grade, whichever is more restrictive; or for a flat or mansard roof, shall not exceed 45 feet from existing or finished grade, whichever is more restrictive. C. DENSITY Development in Special Development District No. 28 shall be limited to a • maximum of 2 dwelling units and 21 accommodation units, as designated on the floor plans set forth in Section 4 of this Ordinance, and as follows: 1. The Gross Residential Floor Area (GRFA) shali be limited to a maximum of 14,117 sq. ft., of which 7,335 sq. ft shall be dedicated to accommodation units, 5,202 sq, ft. shall be dedicated to dwelling units and 1,579 sq, ft. shall be dedicated to excess common area. It should also be noted that the provision for an additional 425 sq- ft. of GRFA, which is applicable to certain zone districts, does not apply to this Special Development District. 2. The applicant or his successors in interest agree to permanently restrict one off -site dwelling unit, (the secondary unit in a prirnarylsecondary residence located at 1184 Cabin Circle /Lot 2, Block 2, Vail Valley First Filing, for use by employees of the Upper Eagle Valley (employee housing unit) in the following manner: a. The employee housing unit shall be provided with a full kitchen (refrigerator, stove, sink, oven /microwave) and shall not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. b. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle -Vail and Avon and their surrounding areas. c. A full -time employee is a person who works an average of thirty hours per week. d. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for the redevelopment of this Special 'Development District No. 28 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 3. The applicant or his successors in interest agree to permanently restrict one on -site dwelling unit, (the third floor dwelling unit in the Christiania Lodge) located at 356 Hanson Ranch Road /Lot D, Block 2, Vail Village First Filing, according to Title 13, Chapter 7 (Condominiums and Condominium Conversion), of the Vail Municipal Code. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance.. no building permit shall be issued for the redevelopment of this Special Development District No. 28 until said declaration of 6 1 not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. b. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle -Vail and Avon and their surrounding areas. c. A full -time employee is a person who works an average of thirty hours per week. d. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for the redevelopment of this Special 'Development District No. 28 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 3. The applicant or his successors in interest agree to permanently restrict one on -site dwelling unit, (the third floor dwelling unit in the Christiania Lodge) located at 356 Hanson Ranch Road /Lot D, Block 2, Vail Village First Filing, according to Title 13, Chapter 7 (Condominiums and Condominium Conversion), of the Vail Municipal Code. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance.. no building permit shall be issued for the redevelopment of this Special Development District No. 28 until said declaration of 6 jg covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. D. SITE COVERAGE: The maximum allowable site coverage for Lot D shall not exceed 39% of the buildable lot size and shall be as designated on the development plans set forth in Section 4 of this Ordinance. E. LANDSCAPING: At least thirty -two percent (32 %) of Lot D shall be landscaped and shall be as designated on the development plans set forth in Section 4 of this Ordinance. F. PARKING: Parking for Special Development District No. 28 shall be met as designated on the development plans set forth in Section 4 of this Ordinance. Section 6. The applicant or his successors in interest agrees to perform the following: 1. The applicant or his successors in interest shall obtain a revocable right -of -way permit from the Town in order to add the proposed landscaping at the entrance to the Lot P -3 parking area, as designated on the development plans set forth in Section 4 of this Ordinance. 2. The applicant or his successors in interest has agreed to financially participate in the construction of a sidewalk along the west side of the Mill Creek Court Chute, from Hanson Ranch Road to West Gore Creek Drive, as designated in the Town's adopted Streetscape Master Plan. Such financial contribution shall not exceed one third of the total cost of the sidewalk, 3. If and when the Town of Vail or other party develops a parking/loading delivery facility on Parcels P -3 and Lot J, Block 5 -A, Vail Village 5th Filing, the applicant or his successors in interest shall not remonstrate against the development of a parking /loading facility as long as the amount of parking that the applicant currently has on parcel P -3, Block 5 -A, Vail Village 5th Filing, including either the right -of -way to the east or west, is incorporated into the parkinglloading facility. The number of spaces shall not include valet parking. 7 Section 7. t Amendments to the approved development plan which do not change its substance may • be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 12 -3 -6 and 12 -9A -10 of the Vail Municipal Code. Amendments which do change the substance of the development plan shall be required to be approved by the Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. • Section 9. 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 commenced, nor any other action or proceeding as commenced under of 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 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. • R INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2 nd day of April, 2002, and a public hearing for second reading of this Ordinance set for the 16 day of April, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16"' day of April, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk r: 9 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 25, 2002 SUBJECT: An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1S Filing_ Appellant: Vail Specialty Sports Venture, LLC, Planner: George Ruther I. SUBJECT PROPERTY The subject property is located within the Vail 21 Building. The Vail 21 Building is located at 511 East Lionshead Circle and the property is legally described as a Part of Lot 3, Block 1, Vail Lionshead 1" Filing i II. STANDING OF APPELLANT The appellant, Vail Specialty Sports Ventures, LLC, is the owner of the subject property and is represented by Joe Walker, Regional Manager, Specialty Sports Venture, LLC, Pursuant to Section 12- 3- 3(B)(2) of the Vail Town Code, an appeal of an administrative determination may be initiated by an "aggrieved or adversely affected person ". Staff has found that Vail Specialty Sports Venture, LLC is an "aggrieved or adversely affected person." III. DESCRIPTION OF THE APPEAL The Community Development Department has determined that the old Uptown Grille Restaurant space located within the Vail 21 Building is the "first floor" or "street level" of the building. This determination is based upon our review and interpretation of the Zoning Code. On December 26, 2001, the Community Development Department issued a Red Tag Stop Work Order to the contractor and owner of the old Uptown Grille Restaurant for doing construction activities without an approved building permit. In issuing the stop work order it was also determined that the use of the space was in violation of the Town's Zoning Regulations. According to the Official Town of Vail Zoning Map, the subject property, a Part of Lot 3, Block 1, Vail Lionshead 1" Filing, is within the Lionshead Mixed Use 1 Zone District. The permitted, conditional and accessory uses allowed in the Lionshead Mixed Use 1 Zone District are outlined in Sections 12 -71-1-2 thru 12 -71-1-6 of the Zoning Regulations. Pursuant to Sections 12 -71-1-3 & 12 -71-1-4, the following uses are allowed as permitted or conditional uses on the first floor or street level and second floor and above levels of a building, 1.2 -7H -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses:. The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel 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. C. 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: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple - family residential dwelling units, time -share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops_ 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. (Ord. 6(2000) § 2: Ord. 3 (1999) § 1) 12 -7H -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). 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 second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. K Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time -share units and fractional fee clubs. 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. (Ord. 6(2000) § 2: Ord. 3(1999) § 1) The Vail Town Code defines "first floor" and "street level" of a buiiding as, "that floor of the building that is located at grade or street level along a pedestrianway. " The Vail Town Code defines a "business office" as, `An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale„ or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. " Based on the Town's Zoning Regulations and the determination that the appellant's space is located on the first floor or street level of the building, the use of the space as business offices is prohibited. Business offices are only allowed on the basement or garden levels, or second floor and above levels of a building within the Lionshead Mixed Use 1 Zone District. The Vail Town Code defines an "accessory use" as, "Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof." IV. NATURE OF THE APPEAL The appellant's statement of the appeal, dated February 20, 2002, has been attached for reference. V. REQUIRED ACTION Uphold /Overturn /Modify the administrative determination. The Planning and Environmental Commission is required to make findings of fact in accordance with the Vail Town Code. According to Section 12- 3- 3(B)(5) of the Vail Town Code, in part, "The Planning and Environmental Commission shall on all appeals make specific 3 findings of fact based directly on the particular evidence presented to it, These findings of fact must support conclusions that the standards and conditions is imposed by the requirements of this title (Zoning Pegulations, Title 12) have or have not been met." V11. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission uphold with modifications the Community Development Department's administrative determination, subject to the following finding of fact: That based upon the Commission's review and interpretation of the prescribed regulations outlined in Title 12, (Zoning Regulations) of the Vail Town Code, the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been met with the applicant's proposal. Specifically, pursuant to the def 7nifion provided in Section 12-7H-3(A) of the Vail Town Code, the old Uptown Grille space within the Vail 21 Building is determined to be the "first floor" or "street level" of the building. The Commission's determination is based upon evidence provided during the public hearing and site visit, as well as the configuration of the building, topography of the developed site, layout of the exterior walkways, and the presence of a "basement" or "garden level" of the building directly beneath the space in question. 2. In upholding the administrative determination with modifications of the Community Development Department, the Commission finds that pursuant to Section 12-7H- 6, Accessory Uses, of the Vail Town Code, an administrative office is an accessory use to the permitted retail stores and establishment allowed on the first floor or street level of the building and is necessary for the operation thereof. 3. Further, the Commission finds that this determination is consistent with the goals and intent of the Lionshead Mixed Use 1 Zone District in that the purpose of the District is to provide sites for a mixture of residential and commercial used in a clustered, unified development as the space in question is located immediately adjacent to the Specialty Sports retail space within the Vail 21 Building and serves as administrative offices for that retail space. Should the Planning & Environmental Commission choose to uphold the administrative determination with modifications, the Community Development Department recommends that the following condition be made part of the approval: 1 That the Developer submits revised tenant finish floor plans to the Town of Vail Community Development Department for review and approval of the plans which illustrates the addition of retail square footage within the southerly portion of the retail space in question to take full advantage of the windowed, store front area of the space. The revised plans shall be submitted in accordance with the provisions prescribed for a complete building permit application and no work shall begin prior to the issuance of a building permit. The revised plans shall be submitted for review by no later than 5:00 pm, April 15, 2002. The required work within the space shall be completed by June 1, 2002. 2. That because the retail space in question is considered to be part of the adjacent S retail space (Specialty Sports) no additional signs shall be allowed. Any new signs shall comply with the requirements outlined in Title 11 (Sign Code) of the Vail Town Code. 0 SPECIALTY SPORTS VENTURE, LLC 492 East Lionshead Circle, Suite 10I • Vail, CO 81657 Phone: (974) 476 -9457 Toll Free: (800) 458 -6785 " Fax: (970) 476 -9427 Appeals Form Addendum February 20, 2002 1. We were not aware that our office operations for Specialty Sports Venture, LLG Vail may not be considered as a retail business vis -a -vis our current occupancy of the former Uptown Grille tenancy. The business arrangements (i.e. Tenant/Landlord Lease) we entered into were intended to meet two strategic needs: 1. Centralized administration operations for all our Vail Stores and 2. the preservation of the Uptown Grille space for our proposed store expansion at the Vail 21 Building location. Part of our being adversely affected is having unwittingly set up our new administrative operations in a specific location that is not clearly designated for pure office use. We moved our administrative operations into this space, set up our fully integrated computer systems, made financial and other lease commitments and are operating daily. The balance of our being adversely affected, would be if we are not allowed to legally continue this tenancy through April 2003. We know of no other realistic options to provide for these administrative operations i as they so closely relate to our operations. In April 2003, we plan to have applied for and received approval to reconfigure and further expand Our retail and office operations at this location based on the opportunities in your Lionshead Master Redevelopment Plan. If the Uptown grille tenancy were not brought into our lease holdings at this time, it would have been difficult if not unfeasible to assemble the needed space for our future operational needs and to therefore work in concert with the Town of Vail in achieving the town wide goals set forth in your Lionshead Master Redevelopment Plan. At the time of our lease negotiations it appeared to us, based on our daily familiarity of other retail outlets that have similar office space needs in Lionshead and Vail, that it would be a natural expansion of our retailing needs. Our administrative operations in the Uptown Grille space are amortized over ten of our locations in Lionshead and Vail Village. This 2,000 square foot tenancy comprises 7% of the total square footage of our ten combined retail outlets. While most of our retail locations have limited office space, we do require this central, on -site administrative operation to perform our marketing, advertising, group sales and purchasing functions that support our business structure and make us successful in Vail, CO. In closing, it seems that while trying to conform and lead our growth to conform further with the Lionshead Master Redevelopment Plan, we have found ourselves seeking relief for our seeming violation of zoning conformity. Alternative Edge - Aspen Sports - Beaver Creek Sports - Breckenridge Sports - Edgewise - Keystone Sports - One Track Mind Telluride Sports - Vail Sports {formerly Base Mountain Sports] - Vail Snowboard Supply Boulder Ski Deals - Colorado Ski & Golf " Grand West Outfitters www,rentskisnow.com - www.rentboardsnow.com " www.specialtysportsnetwork.com - SPECIALTY SPORTS VENTURE, LLC 492 East Lionshead Circle, Suite 101 Vail, CO 81657 . s Prone: (970) 476 -9457 Toll Free: (800) 458 -6785 Fax: (970) 476 -9427 2. Specialty Sports Venture, LLC Vail hereby seeks concurrence by the Town of Vail that this occupancy is consistent with current zoning uses through April 2003. I'hank you for your consideration in this matter. Sincerely, �� n Joe Walker. Regional Manager Vail and Beaver Creek Specialty Sports Venture, LLC • Alternative Edge • Aspen Sports • Beaver Creek Sports - Breckenridge Sports • Edgewise • Keystone Sports • One Track Mind Telluride Sports - Vail Sports (formerly Base Mountain Sports) • Vail Snowboard Supply Boulder Ski deals • Colorado Ski & Golf • Grand West Outfitters www.rentskisnow.com • www.rentboardsnow.com • www.specialtysportsnetwork.com 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 25, 2002 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Title 11, Section 11 -5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off -site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther I. DESCRIPTION OF THE REQUEST On February 19, 2002, the Vail Town Council directed staff to prepare a text amendment to Title 11, Sign Regulations, Section 11 -5, Prohibited Signs, of the Vail Town Code, to allow for Specific Information and Business Signs at the West Is Vail exit #173, as further regulated by the Colorado Department of Transportation. The request is the result of a discussion the Town Council had with Rick Scalpello, who is working in cooperation with a number of the West Vail merchants, to place informational signs on 1 -70 in the vicinity of the West Vail exit #173. The proposed signs are the blue and white reflective informational signs often seen along interstate highways informing motorists of `gas, food & lodging" businesses and other "attraction" opportunities located at upcoming interstate highway exits. The Colorado Department of Transportation classifies these signs as Specific Information and Business Signs. These sign are also known as LOGO Signs. The LOGO Signs include business plaques that are flat rectangular aluminum information signs which are attached to the larger sign that includes the name, name brand, or trademark, logo or symbol for businesses providing motorist services. The proposed signs would be located in the vicinity of the West Vail exit. Only those businesses located within the limits established for these types of signs would be permitted to participate in the sign program. According to the Rules and Regulations for Specific Information and Business Signs adopted by the Colorado Department of Transportation on November 30, 1998, "To be eligible for a Business Sign to be installed on a Specific Information Sign the maximum driving distance that gas, food, lodging and camping service facilities can be located from the main traveled way of the Interstate Highway shall not exceed 3 (three) driving miles in either direction. If within that 3 (three) mile limit there are less than 6 participating services of the type being considered, the limit of eligibility may be extended to 5 driving miles. A gas, food, lodging, and camping service facility that is not within such maximum driving distance shall not 40 be eligible for a LOGO sign. " Pursuant to Section 11 -5 -2, Prohibited Signs, of the Sign Regulations, in part, "The following signs shall not be permitted erected or maintained in the Town... off premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located." Staff has determined that the current regulations prohibit the installation of the informational signs as proposed since the proposed signs would include the name, name brand, logo, or trademark or symbol of the individual businesses. [I. BACKGROUND In 1995, the Vail Town Council heard a similar request. Upon discussion of the proposal and consideration of the existing town codes, the Council denied the request. At that time, the Council identified two areas of particular concern. The first was the negative aesthetic impacts "billboard" types of signs have on the community, and second, was the Vail Town Code sign regulations strictly prohibit off- premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where Located (Title 11, Section 11 -5 -2 LA). In 1999, as part of the Town of Vail Wayfinding Sign Program, the Wayfinding Committee considered these signs for inclusion into the program. Upon deliberation and discussion, the Committee determined that these types of sign were in direct conflict with the premier, international world -class image we are trying to convey and should not be installed. The committee did, however, recognize the need to disseminate informational messages and recommended that, due to our international resort presence, informational signs, if installed, should use internationally recognized symbols (i.e., a gas pump; a plate, knife and fork; and bed and pillow). At the request of the Town of Vail. the Colorado Department of Transportation (CDOT) has installed informational signs at the Main Vail exit. The signs that were installed are a combination of international symbols and words (i.e., gas, food & lodging). III. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission tables the request for a recommendation to the Vail Town Council of a text amendment to Title 11, Section 11 -5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off -site advertising signs. Staff's recommendation to table is based upon our belief that additional information is needed on this text amendment before a final recommendation is made. Staff recommends that the item be tabled to the April 8, 2002, meeting to the Planning & Environmental Commission. 0 0 IV. PROPOSED TEXT AMENDMENT The Community Development Department is proposing the following text amendments: (ADD) Section 11 -1 -1, Definitions, SPECIFIC INFORMATION AND BUSINESS SIGN: An official sign with a white reflective legend and border, on a blue background, that displays the type of business (Gas, Food, Lodging, Camping) and the interstate exit number which includes a flat rectangular aluminum information sign that is limited to the display of the name, brand name, or trademark, logo, symbol for businesses providing motorists services for gas, food, lodging, camping and/or tourist attractions. (AMEND) Section 11 -5 -2 (L), Prohibited Signs Off- premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located. This prohibition shall not apply to Specific Information and Business Signs as defined in Section 11 -1 -1 of the Vail Town Code and as further regulated by the Colorado Department of Transportation. (ADD) Chapter 4, Sign Categories Article D. West Vail Exit #173 SECTION: 11 -4D -1: Scope 11 -4D -2: Specific Information and Business Signs 11 -4D -1: Scope: This Article concerns the display of Specific Information and Business Signs at the West Vail exit #173. This Article further includes the purpose of these signs, size, height, number, type of service, and location limitations. The following provisions are the sign regulations for Specific Information and Business Signs (aka LOGO signs). 11 -4D -2 Specific Information and Business Signs: A. Purpose: To provide directional information along the Interstate Highway to business establishments offering services for Gas, Food, and Lodging to the traveling public. B. Location: West Vail exit #173 and subject to review and written approval pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of Transportation. C. Size: Subject to review and written approval pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of 41 Transportation. D. Height: Subject to review and written approval pursuant to the Rules and Regulations for Specific Information and Business Signs, as regulated by the Colorado Department of Transportation. E. Number: Four (4) information signs total with a maximum of two per direction of travel and no more than six (6) business signs per information sign. F. Type of Service: The type of services permitted on a Specific Information sign shall be limited to "gas ", "food ", and "lodging ", as regulated by the Colorado Department of Transportation. V. ISSUES FOR DISCUSSION Eligibility According to the rules and regulations adopted by the Colorado Department of Transportation, in order "to be eligible for a inclusion on the sign the maximum driving distance that gas, food, or lodging service facilities can be located from the main traveled way of the Highway Interstate shall not exceed three (3) driving miles in either direction. A gas, food, or lodging service facility that is not within such maximum driving distance shall not be eligible for a LOGO sign. " Staff roughly determined the three -mile driving distance from the West Vail exit and estimates that this area would include businesses as far east as the Vail Run Building on the north side of the interstate and all of Lionshead on the south side. If this text amendment were to be adopted staff would recommend that a far shorter maximum driving distance be established. If a shorter maximum driving distance were adopted careful consideration would be needed to determine which businesses are then eligible and which are not. 2. Directional Ramp Signs According to the rules and regulations adopted by the Colorado Department of Transportation, in part, "...where a displayed service is not visible from a ramp terminal, ramp signs shall be installed along the ramp or at the ramp terminal, and may be provided along the crossroad. " In considering this proposal and prior to directing staff to prepare a text amendment proposal, the Town Council expressed their dislike for any additional signs as part of the program. Staff interprets the adopted rules and regulations to require additional signs which would be contrary to the 4 Town Council's desires. Staff recommends that this issue be clarified prior to any formal recommendations being made. 3. Creativity The signs that are proposed would be the standard blue and white reflective sign used and displayed in Anytown, USA. In determining the appropriateness of these signs for inclusion in the recently adopted Town of Vail Wayfinding Program, the committee determined that blue and white logo signs were in direct conflict with the premier, international world -class image the town is trying to convey, and therefore, should not be installed. At the Town Council meeting on February 19, 2042, the representatives from Colorado Logos, Inc, expressed an ability to create a more interesting and unique sign display than the one used in other areas. To date, alternatives have not been submitted for consideration. Staff recommends that the sign company present alternatives for . consideration by the Town prior to the Commission making a formal recommendation. RULES AND REGULATIONS SPECIFIC INFORMATION AND BUSINESS SIGNS • EFFECTIVE NOVEMBER 30, 1995 COLORADO DEPARTMENT OF TRANSPORTATION 4201 East Arkansas Avenue Denver, Colorado 80222 DEPARTMENT OF TRANSPORTATION 0 Table of Contents A. GENERAL PROVISIONS ........... . .......... . ............................... 2 B . LOCATION .................................. ............................... 5 C. TYPE OF SERVICES ..... ............................... ..................... 8 D. NUMBER OF SIGNS PERMITTED ............. . . ............................ 12 E. COMPOSITION ......................... ... ............................... 12 F. SIZE OF BUSINESS OR ATTRACTION PLAQUES ............................... 13 G. PERMITS AND PROCEDURE .................. ............................... 13 H. RENEWAL OF PERMITS ...................... ............................... 16 1. REPLACEMENT - RESPONSIBILITY .................... . ..................... 16 0 J. PAYMENT AND FEES ........................ ............................... 17 is K. FEE SCHEDULE FOR ERECTING SPECIFIC INFORMATION SIGNS ................ 18 0 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION is Rules, Reizulations, and Standards „Pertaining to Specific Information and Business Signs A. GENERAL PROVISIONS PURPOSE: To establish rules, regulations, standards, and a permit system, hereinafter called "rules" for the erection and maintenance of Specific Information and Business Signs erected within highway right- of-way to provide directional information to business establishments offering services for Gas, Food, Lodging, Camping and Tourist Attractions to the traveling public. APPLICABILITY: The provisions of these rules are applicable to areas of the Interstate System, AUTHORITY: CRS 1973 43 -1 -415 (1981 Colo. Sess. Law, chapter 512) and 23 U.S.C. 149(d), 13l(f), 315 and 49 CFR 1.48 (b) C.R.S. I998, 43 -1 -420. 4. CONFORMITY WITH LAWS: Each business identified on a Specific Information Sign shall have given written certification to the Department of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin, and shall not be in breach of that certification. DEFINITIONS: a. Specific_ Information Sign: Also known as "LOGO Sign". An official sign with white reflective legend and border, on a blue background, that displays the type of business (Gas, Food, Lodging, Camping, and/or Tourist. Attraction) and the interstate exit number. b. Business Plaque: A flat rectangular aluminum information sign which is attached to a Specific Information Sign either on the mainline or ramp sign limited to the name, brand name, or trademark, logo or symbol for businesses providing motorists services for G4s; Food, Lodging, Camping and /or Tourist Attraction. Centerline of the highway means a line equidistant from the edges of the median separating the main traveled ways of a divided Interstate highway. PA U d. Contractor means the private independent contractor that is selected by the Department pursuant to a public- private initiative and that is responsible, by contract with the Department, for implementing and administering the LOGO sign program. See Section A. 6. of the rules and "Department" below. e. Department refers to the State of Colorado Department of Transportation, (CDOT). In the event that the Department contracts with a private contractor to maintain and administer all or part of the LOGO sign program, "Department" shall also mean that contractor to the extent required by that contract or the context of the Rules. See Section A. b. of the Rules. f. .Erect means to construct or allow to be constructed. g. FEM means Federal Highway Administration. h. Interstate System means the system of highways as defined in CRS 43-2 - 101. LOGO Signs means Specific Information and Business Signs. j. MUTCD means the 1988 edition ofthe FHWA Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto. Terms used in these rules shal l be in accordance with usage of the MUTCD. k. Maintenance means to preserve, keep in repair and clean. State Signing Standards are those standard drawings and specifications adopted for use by the State Highway Comm ission as published in the 1986 Edition of the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, Section 713, Traffic Control Materials. M. Tourist Attraction means a Tourist Oriented Attraction of regional interest to the traveling public. Tourist Attractions are limited to only the following: A natural phenomena; a site of historical significance; a site of cultural significance; an area of natural or scenic beauty; or an area naturally suited for outdoor recreation, as further defined in Section C.5 of the Rules. . 3 0 Trailblazer means a small sign that displays a directional arrow to the 40 business and, if necessary, the mileage to the business. o. Traveled Lane is the driving lane normally occupied by the traffic located left of the highway shoulder. P. Urbanized Area means that area within the boundary of a metropolitan area having a population of fifty thousand or more as determined by the United States Bureau of the Census in its latest census and as included on the urbanized area map approved by the Department. INDEPENDENT CONTRACTOR PROGRAM ADMINISTRATOR The Department is authorized by Sections 43 -1- 420 (2), 43- 1- 420(4), and 43-1 - 1202(1)(A)(XI), C.R.S., to negotiate and contract with an independent contractor, pursuant to a public- private initiative, for that contractor to implement and administer all or part of the Specific Information and Business Sign Program (or "LOGO Program ") described in the Rules. Based on that authority, the Department intends to issue a request for proposals and to negotiate a contract that is most advantageous to the State for the successful proposer to assume the administration and maintenance of the LOGO Program. Sections 43 -1- 420(2) and 43 -1- 420(4) specifically authorize that contractor to determine the amount of fee(s) to be charged for a LOGO sign permit and to develop the method for the annual rotation of business signs, If such a contract is executed, the implementation and administration of the LOGO Program by that contractor may include the right of that contractor: 1) to determine and charge a new fee amount for a LOGO sign, different than that described in Section G,9 of the Rules; and, 2) to develop and implement a new method for the annual rotation of LOGO signs, different than that described in Section G.6 of the Rules. If such a contract is executed, the complete terms of that contractor's implementation and administration of the LOGO Program will be described in detail therein, and the implementation and administration of the LOGO Program by that contractor will be subject to the Department's supervision. All sign permittees will be given prompt written notice of the effective date of the contract and will also be provided a copy of the contract. In the event that the terms r� J of the negotiated contract conflict with substantive terms of the Rules, the Department will amend the Rules to reflect such changes to the extent required by law. 7. STATEMENT OF BASIS STATUTORY AUTIiORITY AND PURPOSE The Rules are promulgated by the Department of Transportation pursuant to the Specific Statutory Authority of Section 43- 1- 415(1 )(f). The Statement and Basis, Specific Statutory Authority and Purpose for the September 15, 1498 Rulemaking Hearing is hereby incorporated herein by this reference and shall be available for copying and public inspection during regular business hours from the Roadside Advertising Coordinator, Colorado Department of Transportation, 4201 East Arkansas Ave., Denver, Colorado 80222. B. LOCATION 1. LOGO Signs shall be located only on the interstate system, as follows: LOGO signs for Gas, Food, Lodging, and Camping shall be located only outside urbanized areas. LOGO signs for Tourist Attractions may be located both within urbanized areas and outside urbanized areas. Installation of Specific Information Signs shall be consistent with the State signing standards and in accordance with the WTCD. A LOGO Sign shall be placed in advance of an interchange exit and shall be readable from the traveled way. The specific location of each LOGO sign is subject to Department approval. LOGO signs shall not be located at the following locations, or under the following circumstances. a. At interchanges with other freeways. re a U -turn or illegal movement is required to access a business. re long sections of structure, retaining wall and/or installation of noise limit the convenient placement of a ground - mounted LOGO sign. e the Department determines that, for safety, or operational, or other )priate reasons, the installation of LOGO signs is not in the best :st of the traveling public. ent shall base final approval of the location of a LOGO sign on the M following criteria. a. Non-interference with existing regulatory, warning, guide signs or traffic control devices. Proposed Specific Information Signs shall not be allowed to block driver sight to any existing regulatory, warning or guide sign; or any other traffic control device. b. Tourist attraction signs shall meet the minimum guide sign spacing as described in the MUTCD. C. Right -of -way width will be checked to determine if Specific Information Signs may be installed without interfering with existing guide signs. d. Utilities including sewer and drainage systems, gas lines, water lines, and electrical lines will be checked to determine if signs will conflict with such utilities. 4. RELATIONSHIP TO EXIT GORE: The Specific Information Signs shall be erected between the previous interchange and no closer than 800 feet in advance of the exit direction sign at the interchange from which the services are available. There should be at least 800 feet spacing between the signs. Excess spacing should be avoided. (Figure 1). CONVENIENT REENTRY RE UIRED: Specific Information Signs shall not be erected at an interchange where the motorist cannot conveniently reenter the Interstate Highway and continue in the same direction of travel. C. EXIT RAMP SIGGNS: At single -exit interchanges where a displayed service facility is not visible from a ramp terminal, ramp shall be installed along the ram or at the ramp terminal, and may be provided along the crossroa . Service information for visible facilities may be omitted. The signs shall include the distances to service installations and directional arrows in lieu of words. The minimum letter height should be 4 inches except that any legend on a symbol shall be proportional to the size of the symbol. Ramp signing may be used on ramps and crossroads at double -exit interchanges. 7. LATERAL LOCATION: The Specific Information Signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with existing traffic control signs within the highway right -of -way. Unprotected sign panel supports located within the clear zone shall be of a CDOT breakaway standard. The Specific Information Sign shall I� be located in accordance with standard accepted good engineering practices and approximately 30 (thirty) feet outside of the traveled lane. 8. RELATIVE LOCATION: In the direction of traffic successive Specific Information Signs shall be those for "camping ", and/or "Tourist Attraction", "lodging ", "food ", and "gas ", in that order. 9. DISTANCE TO GAS FOOD LODGING AND CAMPING SERVICES: To be eligible for a Business Sign to be installed on a Specific Information Sign the maximum driving distance that gas, food, lodging, and camping service facilities can be located from the main traveled way of the Interstate Highway shall not exceed 3 (three) driving miles in either direction. If within that 3 (three) mile limit there are less than 6 participating services of the type being considered, the limit of eligibility may be extended to 5 driving miles. A gas, food, lodging, and camping service facility that is not within such maximum driving distance shall not be eligible for a LOGO sign. 10. DISTANCE TO TOURIST ATTRACTION SERVICES: To be eligible for a business sign to be installed on a specific information sign. The maximum driving distance that a tourist attraction can be located from an interchange within an urbanized area shall be limited to 3 (three) miles, and shall be limited to 10 (ten) miles maximum driving distance from an interchange outside of an urbanized area. A tourist attraction that is not within such maximum driving distance shall not be eligible for a LOGO sign. I . A trailblazer sign may be used only when the directional information displayed on the LOGO sign is inadequate to direct the public to the business, such as where the signed business is not visible after exiting an interstate and/or where turns must be made onto one or more crossroads to get to the signed business. A trailblazer sign may be used at each such turn until the business is visible. A trailblazer sign shall be located only along the shortest route from the interstate to the business on a conventional roadway. A trailblazer sign shall comply with the following; a. Trailblazer signs are to be erected prior to the erection of ramp or mainline specific information and business signs. Trailblazer signs not on state highway right -or -way shall not be erected until appropriate written approval has been obtained from the,jurisdiction having authority for sign placement. 49 f C. The business will be responsible for furnishing the business plaque for use on the trailblazer assemblies. 0 d. A trailblazer sign may be placed only on all weather roads clear of obstructions that could damage a vehicle while traversing that route. 12. Services and Tourist Attractions presently utilizing Department installed guide signing are not eligible for Specific Information Signs. C. TYPE OF SERVICES: The type of services permitted on a LOGO sign shall be limited to "gas ", "food ", "lodging" "camping ", and /or "Tourist Attraction ", as follows: 1. "GAS" LOGO SIGN: To qualify for a gas LOGO sign the business must have: a. Vehicle services, which shall include fuel, oil, and water; b, Restroom facilities and drinking water; C. Subject to availability of fuel there should be continuous operation at least 16 hours per day, 7 days a week. if fuel is not available the operator shall post on the premises the location of the nearest available source (see experimental program); and d. Public Telephone. 2. "FOOD" LOGO SIGN: To qualify for a food LOGO sign the business must have: a. Licensing or approval, where required; b. Continuous operation to serve food for a minimum of 12 consecutive hours within the time frame of 7 :00 a.m. to 11:00 p.m. 6 days a week, including operation with indoor sit down facilities for a minimum of 20 people; and C. Public Telephone. 8 • 0 d. Restroom facilities and drinking water. 3. "LODGING" LOGO SIGN: To qualify for a lodging LOGO sign the business must have: a_ Licensing or approval, where required; b. Lodging accommodation composed of units with a private entrance for each unit to accommodate at least two persons per unit with space for automobile parking, accommodations must be available for rental on a nightly basis 7 (seven) days a week; and C. Public Telephone. 4. "CAMPING" LOGO SIGN: To qualify for a camping LOGO sign a business must have; a. Licensing or approval, where required; b. A minimum of twenty spaces to accommodate camping tents and /or travel trailers and /or motorized campers; C. An adequate supply of drinking water; d. Flush toilets; e. A sanitary disposal system for travel trailers and /or motorized campers; f. Public Telephone; and g. Proof of maintenance in compliance with applicable State /Local Board of Health rules and regulations. 5. "TOURIST ATTRACTION" LOGO SIGN r To qualify for a tourist attraction LOGO sign a business must have: a. Licensing or approval, where required; b. Minimum of 20 (twenty) spaces for parking; 9 J C. Restroolrl facilities and drinking water; d. Continuous operation at lease 8 (eight) hours per day, 7 (seven) days per week (in season, except that this requirement shall not apply to the "arena" category listed below in the table in Section 5. g.; e. - Public telephone; f. Attendants on site and /or conduct tours, as required by D above; g. To qualify for a Tourist Attraction LOGO sign a business must also meet the minimum traffic generation criteria in the following table: TYPE OF SPECIFIC * CATEGORY I . *CATEGORY[] * CATEGORY III ATTRACTION CRITERIA 1,000,000 OR MORE 50,000 TO 1,000,000 50,000 OR LESS REQUIRED REQUIRED REQUIRED POPULATION POPULATION POPULATION NATURAL ANNUAL 200,000 50,000 5,000 PHENOMENA ATTENDANCE HISTORIC SITE OR ANNUAL 200,000 50,000 5,000 DISTRICT ATTENDANCE CULTURAL ANNUAL 200,000 50,000 5,000 SITE ATTENDANCE AMUSEMENT ANNUAL 200,000 50,000 5,000 PARK ATTENDANCE ARENA ANNUAL 200,000 50,000 5,000 ATTENDANCE AREA OF NATURAL ANNUAL 200,000 50,000 5,000 OR SCENIC BEAUTY ATTENDANCE GOLF ANNUAL 200,000 50,000 5,000 COURSE ATTENDANCE MUSEUM ANNUAL 200,000 50,000 5,000 ATTENDANCE RECREATIONAL ANNUAL 200,000 50,000 5,000 AREA ATTENDANCE ZOOLOGICAL OR ANNUAL 200,000 50,000 5,000 BOTANICAL PARK ATTENDANCE WINERY OR ANNUAL 200,000 50,000 5,000 BREWERY ATTENDANCE CATEGORY POPULATIONS SHALL BE BASED ON BOUNDARIES ESTABLISHED AS URBANIZED AREAS. IF NONE CATEGORY SHOULD BE BASED BY CI7YITOWN LIMITS. IF NONE THAN SHALL BE CONSIDERED CATEGORY III. h. ELIGIBILITY - To be eligible as a "Tourist- Oriented Attractions of Regional Interest to the Traveling Public ", a business must be one of the following: 1. A NATURAL PHENOMENON: A natural phenomenon is ]0 • • • limited to a feature created by nature. Examples include but are not limited to; unusual rock formations, caves, fossil beds, and waterfalls. HISTORIC SITE OR DISTRICT: A historic site or district shall be limited to a structure or site that is of definite historical significance as determined by the Colorado Historic Society as a historic attraction in the National Register of Historic Places as published by The United States Park Service, and it must be of State or National significance. CULTURAL SITE: A cultural site shall be limited to any facility for the performing arts, exhibits, or concerts, • 4. AMUSEMENT PARK: An amusement park shall be limited to a permanent area which is open to the general public for three (3) or more of the following activities; picnicking, hiking swimming, boating, entertainment rides, food services, etc., in operation more than 3 (three) months per year. ARENA: An arena shall be limited to a stadium, sports complex, auditorium, fairground, civic or convention center or race track which has a capacity of at least 5,000 (five thousand) seats and is holding events on at least 28 (twenty eight) days of the year. 6 AREA OF NATURAL OR SCENIC BEAUTY: An area of natural or scenic beauty shall be limited to a naturally occurring area of outstanding interest to the general public, including State of National Parks, wilderness areas, mountain ranges, lakes, rivers, canyons, and similar areas. GOLF COURSES: Golf courses shall be limited to a facility open to the public and offering at lease 9 holes of play. Miniature golf courses, driving ranges, chip- and -putt courses, and indoor golf shall not be eligible. MUSEUM A museum shall be limited to a facility, open to the public at least 1.00 days per year, in which works of artistic, historical, or scientific value are cared for and exhibited to the public. 40 9. RECREATIONAL AREA: A recreational area shall be limited S to an area that includes bicycling, boating, fishing, hiking, rafting, picnicking, snowmobiling, or cross country skiing. 10. WINERY OR BREWERY. A winery or brewery shall be limited to a licensed site that produces a minimum of 1,000 gallons of wine and /or beer per year and product commercially packaged for off - premises sale. Open to the public for tours, a minimum of 320 hours per year and provide an educational format for informing visitors about wine and beer processing. 11. ZOOLOGICAL OR BOTANICAL PARK: A zoological or botanical park shall be limited to a facility in which living animals, insects, or plants are kept and exhibited to the public. D. NUMBER OF SIGNS PERMITTED: The number of Specific Information Signs permitted shall be limited to one for each type of service along an approach to an interchange with no more than four (4) signs per direction of travel per exit. E. COMPOSITION: SPECIFIC INFORMATION SIGN PANELS: The Specific Information Sign panels shall have a blue background with a white reflectorized border. The size of the Specific Information Sign panels shall not exceed the minimum size necessary to accommodate the maximum number of Business or Attraction Plaques Signs permitted using the required legend height, panel size and spacing. 2. BUSINESS PLAQUES ON SPECIFIC INFORMATION SIGNS: Business Signs to be mounted on Specific Information Signs shall have a business logo and may use a legend and shall be of high intensity reflective sheeting. The principal legend should be at least equal in height to the directional legend on the sign panel. Where business identification symbols or trademarks are used alone for a Business Sign., the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. Messages, symbols, and trademarks which resemble any official traffic control device are prohibited. The vertical and horizontal spacing between Business Signs on sign panels shall not exceed 8 inches and 12 inches, respectively, Typical sign locations prepared from these standards are shown in figures 1 and 2. Material for Business Plaques shall conform to the state signing standards. 12 0 3. LEGENDS: All directional arrows on exit ramp signs and all letters and numbers on Specific Information Signs, used in the name of the type of service and the directional legend shall be white and reflectorized. SINGLE EXIT INTERCHANGES: On the Specific Information Signs, the name of the type of service followed by the exit number shall be displayed in one line above the Business Plaques. The "gas", "food ", "lodging", "camping", and "tourist attractions" Specific Information Signs shall be limited to six Business Plaques each. DOUBLE -EXIT INTERCHANGES: The Specific Information Signs shall consist of two sections, one for each exit. The top section shall display the Business Signs for the first exit and the lower section shall display the Business Signs for the second exit. The name of the type of service followed by the exit number shall be displayed in a line above the Business signs in each section. Where a type of motorist service is to be signed for at only one exit, one section of the Specific Information Sign may be omitted, or a single -exit interchange may be used. The number of Business Plaques on the sign panel (total of both sections) shall be limited to six for "gas ", "food ", "lodging ", and "carnping" and "tourist attractions ". 6. REMOTE RURAL INTERCHANGES: In remote rural areas, where a Specific Information Sign cannot be completely uti lizedbyasing le qualified type offacility, • two types of facilities maybe displayed on a single sign. Each type of facility must be displayed in a vertical row of two plaques with the identifying type of service located above each column with the exit and number to be located above the service identification line. F. SIZE OF BUSINESS OR ATTRACTION PLAQUES: Each Business Plaque displayed on the "gas ", "food ", "lodging ", "camping ", and "tourist attractions" Specific Information Sign shall be contained within a 48 -inch wide and 36 -inch high rectangular background area, including border. The Trailblazer Sign Plaque shall be 18 inches high and 24 inches wide. 3. Le ends: All letters used in the narne of the type of service and the directional legend shall be 14 -inch capital letters. Numbers shall be 10 inches in height. G. PERMITS AND PROCEDURE: 13 • I No Business Sign will be installed on specific information panels prior to issuance 40 of a permit by the Department. Permits will be issued by the Department in accordance with these rules. 2. Permit applications will be accepted at the appropriate region office in care of the Department. Applications transmitted by mail shall be effective from date of receipt rather than of mailing. 3. Permit applications shall specify the number of Business Signs requested per interchange. Separate application shall be required for each type of service requested. 4. The specific information sign and - related business signs can remain until the area of the specific information location is needed for highway purposes or subject to paragraph G (12) below. 5. Application forms and fee schedules may be obtained from the Department and shall contain the following information. a. The name and address of the applicant. b. Type of service eligible under Section C, of these rules. c. A complete layout or sample of the brand, symbol or trademark or name or combination of these, showing exactly what the business sign will display. d. A statement of conformity with laws in accordance with Section A4 of these regulations, Conformity with Laws. C. A statement that the permitted services are in accordance with rules in Section B 9, Distance to Services. f. A statement that type of services requested conforms with rules under Section C, Types of Services. g. A statement including the milepost number and name of the Interchange. h. A standard application processing and administration fee will accompany each application. Such fee will be returned if an application is denied or if after approval the business sign is not erected for reasons caused by the Department. 14 G i. The local city or county official responsible for control of signs with in their jurisdiction must indicate their decision on the application. 6. An annual rotation procedure for granting permits will start January 1, after the specific information sign has been in place one full calendar year and will only effect new sign installations after March 12, 1987. Under this procedure, each business will be assigned a number according to the date of receipt of its permit application. If a business is thereby replaced on the specific information sign by another business, the business being replaced will be paid a portion of the original cost to erect the sign by the Department from monies paid by the new business advertiser. The reimbursed portion of the original cost to erect the sign will be less 1110 of that cost foreach year the replaced business advertiser has been on the sign. At the end of the useful life of the specific information sign or after 10 years whichever is sooner, the current business permittees or if the sign is subject to rotation, the new business permittees will be charged equal shares of the full replacement cost of the specific information sign. The useful life of a specific information sign is estimated to be a minimum of 7 years and a maximum of 10 years. For the purpose of computing reimbursement, the useful life of the specific information sign shall be 10 years. All businesses grandfathered by the March 12, 1987 law change will be subject to the rotational plan after the 10 year useful life of the sign has been reached. 7. Permits for Business Signs shall be valid for a period of one year, beginning each January 1, without proration for periods less than one year. The holder of a permit steal I have the right during the term of the permit to change the advertising copy so long as the copy conforms to these rules. Cost of such changes in the copy or legend of the Business Sign shall be at the expense of the permit holder. Permit holders will be charged an additional maintenance and administration fee for each plaque removed and/or remounted. 9. Once an application is approved, the owner shall remit the erection and maintenance fees within ten days of receipt of written notice of such approval. Fees will be in the amount prescribed by the fee schedule, shall not be prorated for fractions of years, and will fulfill the owner's maintenance obligation for the first calendar year or fraction thereof during which a business sign is actually installed. If the fees are not received within 60 days of receipt of written notice, the business application is void and a new application and administrative fee will be required to be submitted for plaque instal lation. If the Department denies the owner's business sign application for safety or other highway related reasons, this fee will be returned. 15 10. PERIOD OF OPERATION OF BUSINESS: For businesses operated on a seasonal basis, Business Signs denoting types of services not then available shall be covered or removed. This work shall be done by the Department. An additional maintenance and administration fee shall be paid for this work. It shall be the responsibility of the business operator to notify the Department of the dates of unavailability of motorist service not less than 20 days prior to seasonal closure or unavailability of services. 11. When the specific information sign needs to be replaced or substantially repaired for any cause, the cost to rebuild the sign will be charged in equal amounts to the current business (logo) sign permit holders. 12. When it is determined by the Department of Transportation that a business is no longer entitled to advertise under these rules, or that an advertised business service no longer is available, then the Business Sign for that particular business shall be removed or covered by the Department. Permit holders shall be entitled to notice and hearing prior to removal or covering of a sign pursuant to CRS 1973 43 -1 -412 (Colo. Sess_ Laws chapter 512) and rules and regulations promulgated thereunder except where the Department has reasonable grounds to believe and finds that the public health, safety, or welfare imperatively require emergency action as provided in C.R.S. 24- 4- 104(4). In such instances a plaque may be immediately removed or covered. Such instance may include, without being limited to: a. Upon a business service no longer being available the Department shall give appropriate notice thereof to the permittee. 0 13. Permit applicants and holders are advised that upon an approved revision of the urbanized boundary to include the interchange where the specific information and business signs have been installed, such signs will then be prohibited pursuant to CRS 1987 43 -1 -420. Such signs will be subject to removal upon notice and a hearing will be provided pursuant to C.R.S. 1973, 43 -1 -412. H. RENEWAL OF PERMITS: PROHIBITION: No permit shall be issued for any Business Sign which simulates any official traffic control device or sign. DENIAL - REVOCATION: The provisions of Sections 43 -1 -410 and 412 C.R.S. and rules and regulations promulgated thereunder and shall apply to the denial or revocation of permit or renewal of a permit. IL' • 3. Applications for renewals for Business Signs permits shall be made before the first day of December of each year, and shall be accompanied by a maintenance and administration fee per permit as shown in the Fee Schedule. If the renewal application is not received prior to the first day of January of the renewal year the Business Sign permit shall expire and the sign shall be removed, pursuant to G 12 (a) above. Permits will be issued at Regional Offices, presently located in Greeley, Grand Junction, Pueblo, Aurora, and Metropolitan Denver, Applications maybe obtained from and mailed to the respective Department Offices. All renewal applications for of permits shall be mailed to- The Roadside Beautification Section, 4201 C. Arkansas Ave., Denver, CO 80222. L REPLACEMENT - RESPONSIBILITY: The Department shall not be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed Business Signs regardless of the cause. The applicant shall be responsible for delivering a replacement or renovated sign to the Department to replace any sign which is lost, stolen, defaced, destroyed or which is in a deteriorated condition. J. PAYMENT AND FEES: Fees for erecting, maintaining and administration of the Specific Information Signs shall be paid in advance by approved applying business and /or businesses in accordance with the Schedule as amended and updated by the Department. Fees for erecting Specific Information Signs are calculated to coverthe total cost ofthe signs and are a one time charge as is the Processing and Administration charge. The Maintenance and administration fee shall be charged on an annual basis at a rate to be determined by the Department pursuant to CRS 1973, 43 -1 -424, as amended. Business Signs to be placed on the Specific Information Signs shall be furnished and paid for by the business being identified. In case of a single approved applicant business that party will be held responsible for the entire Specific Information Sign cost with a right of reimbursement from subsequent approved applicant businesses so that each approved applicant business w'ilI share equally in the total sign cost. Once the equal share of total cost of the sign for each advertiser has been established, each new advertiser wiI I pay the Department the cost determined by the rotation procedures outlined in G, 6 of the regulations. That cost will then be refunded to the business advertiser whose business sign is required to be removed from the specific information sign. 17 Cost Share Schedule: Number of Applicants Percent One 100 Two 50 Three 33 1/3 Four 25 Five 20 Six 162/3 To effect the above cost sharing schedule, first determine the total sign cost and then divide that share equally with the existing approved applicant businesses. .. For example: If there are three applicants fora four panel lodging sign, the three applicant businesses will each have to pay one third of the total cost for the Specific Information Sign. When a fourth applicant for that Specific Information Sign is approved that applicant will pay 25% of the cost of the Specific Information Sign and the Department will distribute the funds between the original three applicants. Thereafter there shall be no right to reimbursement. K. FEE SCHEDULE FOR ERECTING SPECIFIC INFORMATION SIGNS The fee schedule for erecting a specific information sign is based upon the total actual costs of erecting and maintaining the sign and of the administration of the sign program. This total cost figure is subject to frequent and immediate change. To eliminate the additional increased costs of promulgating new regulations each time the total actual program costs change, the actual fee to be charged a particular applicant will be determined by the Department at the time of such application based upon the appraisal of total costs then existing for the program. The current fee schedule is attached as an addendum hereto by this reference for informational purposes only. All such costs for a specific information sign will be billed equally to each business advertiser on that specific information sign. 18 • Figure 1.22, 1. TYPICAL SIGNING FOR SINGLE -EXIT INTERCHANGES (4 AND ? PANEL LOGOS) rRAVEL OISTANCC MEASUR €O ;Row THIS POINT []l7T 40 RXrT sa Metropolis Utopia IP Metropolis Utopia I ME rI 14_4_-%ktCTRAtCT 0RA#R SIONS I AS REaUI REO AT j00' SRA[INLI OCIMCIIMCI OR •Ai - OUT 44 W - C4T 44 Ai 11 00, OR Y I N. KKO - Dal 44 aL 600 YIN. i..rr 0R Lamm - Em 44 LOOCIMO - w? 44 800' r..i f 600' OR k(I N. CJkARIWHW -am * iAl14PRMi - =9=T&4 500' ,IN. * NOTE: A MAXIMUM OF FOUR LOGO SERVICES ARE PERMITTED AT A is GIVEN INTERCHANGE. IN THE ABOVE FIGURE AN ATTRACTION LOGO MAY BE SUBSTITUTED. Figurc 1 72.2. TYPICAL SIGNING FOR SINGLE -EXIT INTERCHANGES (b AND 3 PANEL LOGOS) TRAVEL DISTANCE MEASURED FROM S «IS POINT ' •RAM P SIGNS i AS REQuIREO AT aoo• Sp AC IN am 44 Q Sb Metropolis u1*0 Sb Metropolis Utopia m u I40DGINC$ ��- S CAmPIN01 4 ATTRACTIONS OR au - Cal M sru . av 49 LIED O O l goo OR YIN. POUF -sm 44 � ( 11 1 0 } 80 -VCf 44 = � UU Q e oo YIN. OR EODi - [7ITT M WD�L0"** - L00400 COT M 11 00' = = Ulm. goo OR M IN. CAMP" - rnr a4 GMIIIM _ aar .a Sao aac� 800' �+ 11TH. / *NOTE: A MAXIMUM OF FOUR LOGO SERVICES ARE PERMITTED AT A GIVEN INTERCHAINGE. IN THE ABOVE FIGURE AN ATTRACTION LOGO MAY BE SUBSTITUTED. 0 Approved 418102 PLANNING AND ENVIRONMENTAL COMMISSION 0 • PUBLIC MEETING MINUTES Monday, March 25, 2002 PROJECT ORIENTATION I - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland John Schofield Doug Cahill Diane Golden Erickson Shirley Chas Bernhardt Site Visits: 1. Middle Creek — 160 N. Frontage Road 2. Vail 21 — 511 East Lionshead Circle 12:00 pm 1:00 pm Driver: George Ida NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 prn 1. A request for a conditional use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H. Block 5A, Vail Village 1 St Filing. Applicant: The Club Planner: Bill Gibson /Allison Ochs WITHDRAWN BY THE APPLICANT 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 42011-ot D, Block 2. Vail Village I" Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson /George Ruther George Ruther presented an overview of the staff memorandum. Galen Aasland asked for public comment. There was none.. Chas Bernhardt had no comments. 0 Erickson Shirley had no comments. MEMBERS ABSENT Brian Doyon ( " h lt Tow,ti OF MIL Approved 418102 Doug Cahill stated that he was in support of this proposal, but the net effect of these kinds of changes eliminates smaller units that could be more likely to be included in the short term rental pool. John Schofield expressed a concern regarding parking. 0 Diane Golden had no additional comments. Galen Aasland stated similar concerns to John and Doug. John Schofield made a motion for approval with the findings and conditions of the staff memorandum. Chas Bernhardt seconded the motion. The motion passed by a vote of 6 -0. 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12, Section 2 -2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16- 7A -8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther MOTION: Diane Golden SECOND: Doug Cahill VOTE: 6 -0 TABLED TO APRIL 8, 2002 4. An appeal of a staff determination of the "first floor" or `street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1 51 Filing. 40 Appellant: Vail Specialty Sports, Inc. Planner: George Ruther George Ruther presented an overview of the staff memorandum. Tom Gart, one of the owners of Vail Specialty Sports, presented the plans of the space in question and discussed their plans for expansion. Joe Walker clarified that the contractor, Vaughn Miller, was responsible for pulling the appropriate permits. Joe Walker stated that he should have verified that the permits were pulled. Tom Gart stated that they would like the accessory use to continue for one year, until they have further expanded the building. Erickson Shirley asked what the office was accessory to. Tom Gart stated that the office is their support network for all of the retail uses throughout the Vail Valley. Erickson Shirley asked where the office will be relocated to when the remodel occurs. Tom Gart stated that it would most likely be relocated to the basement space. Doug Cahill stated that he believed that this space was first floor and that it is unfortunate that they did not apply for permits, so that this could have been avoided. Doug asked if they had pursued the staff recommendations. 2 Approved 418102 Tom Gart stated that they were looking for cheap alternatives for the short term. Doug Cahill stated that they need to resolve the situation. John Schofield asked George Ruther for clarifications of the definitions of first floor or ground level. George Ruther stated the definitions of first floor, according to the Zoning Code and the UBC. John Schofield stated that he believed that no evidence has been presented which would lead him to believe that this space is anything but first or ground floor. Diane Golden stated that she believed this space to be first floor. Chas Bernhart stated that he believed this space to be first floor space. He stated that having office space is far more beneficial than brown paper covering an empty space. He stated that he would be willing to approve this for a length of time. Erickson Shirley stated that he believed that the applicant is very sophisticated. He stated that it is unfortunate that no permit was applied for and he does not think that they should benefit from the lack of following procedure. Galen Aasland asked, if they were to approve this today, what would stop someone else from making a similar application. He stated that they do have brown paper up on these windows and that it is not appealing to the visitor. Tom Gart asked for time to remedy the situation. George Ruther clarified condition number one in the staff memorandum, including a time frame for compliance. John Schofield made a motion to uphold the staff decision, in accordance with the following; Findings: That based upon the Commission's review and interpretation of the prescribed regulations outlined in Title 12, (Zoning Regulations) of the Vail Town Code the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been met with the applicant's proposal. Specifically, pursuant to the definition provided in Section 12- 7H -3(A) of the Vail Town Code, the old Uptown Grille space within the Vail 21 Building is determined to be the "first floor" or "street level" of the building. The Commission's determination is based upon evidence provided during the public hearing and site visit, as well as the configuration of the building, topography of the developed site, layout of the exterior walkways, and the presence of a "basement" or "garden level" of the building directly beneath the space in question. 2. In upholding the administrative determination of the Community Development Department, the Commission finds that pursuant to Section 12 -7H -6, Accessory Uses, . of the Vail Town Code, the existing use of the space is not an accessory use to the permitted retail stores and establishment allowed on the first floor or street level of the building and is not necessary for the operation thereof. This finding is based upon the existing of an administrative office in the existing and adjacent retail space and on the fact that other administrative functions are occurring in the space that are not for the support of the retail 40 use. Approved 4f$J02 Condition: That the appellant, Vail Specialty Sports Venture, LLC, submits a demolition plan for the illegally converted interior space to the Town of Vail Community Development Department for review and approval of a required demolition permit and that the existing use of the space discontinue. The discontinuance of the use and removal of the illegally constructed improvements shall be completed by no later than June 1, 2002. Erickson Shirley seconded the motion. The motion passed by a vote of 4 -2, with Chas Bernhardt and Diane Golden opposed. 5. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11 -5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off -site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner. George Ruther George Ruther presented an overview of the staff memorandum. Galen Aasland asked for public comment_ Rick Scalpello, representing Vail Today, passed out brochures to the members of the Planning and Environmental Commission. Rick spoke in support of the application. Eric Knox, representing Colorado Logos, Inc. stated that a lot of fatalities used to occur on the highways and that these signs arose to provide for safety. Erickson Shirley asked for clarification of distances for signs to be on the sign. Eric Knox clarified the regulations as generally accepted in other locations. Galen Aasland asked for clarification as to how these regulations can be done so as to be fair and consistent to all businesses in the Town. Eric Knox stated that that was really up to the Town. He stated that the rules state that for any logo to be on the exit sign, but must be closer to that exit than any other exit. John Schofield asked about required distances. Eric Knox talked about safety and distances. Galen Aasland asked about additional signage. Eric Knox talked about trail blazers and ramp signs and the roundabouts and jug handles. Erickson Shirley asked about the required signage, if businesses are not visible. Galen Aasland asked for clarification of the CD ©T requirements and of shall versus may. Erickson Shirley asked about the design of the signs. Eric Knox stated that the rules are pretty clear that the signs must be blue with white lettering and border. They are looking at softening the colors of the Logos of the specific businesses. 4 Approved 418102 Erickson Shirley asked about the more generic signage. Eric Knox stated that he would not handle those types of application. Rick Scalpello, speaking for the Town Council, stated that they wanted the logo signs instead of the generic. He further stated that the needs of the merchants in the Village and l_ionshead are met by the information booths and that they don't need signs. He further stated that the 2 businesses in East Vail aren't vehicular oriented and therefore they aren't included in the proposal. Eric Knox stated that they would be open to putting shrubs around the store. George Ruther stated that the East Vail Market would like to be included in this application. Paul Nelson stated that he believed that these signs are very beneficial. He stated that the businesses in West Vail are at a disadvantage. He then stated that he believed that the Town Council had generally approved this application, Sonny Caster, West Vail Conoco, stated that they lost their signage when the business changed over from Exxon to Conoco. He sees this as an opportunity to get advertising on the interstate Justin, representing the Half Moon Saloon, stated that West Vail needs all the help it can get. Rick Scalpello, speaking for the Town Council, stated that the signs must be these kinds of signs and limited to West Vail. Erickson Shirley asked for clarification for the directional ramp signage. 0 George Ruther stated that by this Ordinance, the Town would be adopting the state regulations. Galen Aasland asked if they could make the regulations more specific to the Town. George Ruther clarified that the Town would be deferring to the state regulations for this signage. Erickson Shirley asked if the Town could be more restrictive than the state. Diane Golden stated that she believed that there are too many open questions to take a vote on this today. Eric Knox stated that if the businesses are visible, then ramp signs are not necessary. Rick Scalpello stated that he would find out if they could opt out, and the "shall or may" on the ramp signs, and the 3 -mile requirements. John Schofield asked about how this legislation can be applied only to West Vail. Matt Mire, Town Attorney, stated that he shared the concern with fairness and consistency of legislation. Galen Aasland requested information specifically from Matt Mire, Town Attorney, regarding the legalness and fairness of not allowing Main Vail to do similar signs on the highway. I* Paul Nelson then stated that he had these signs in Kansas and that they are at a disadvantage in West Vail. Then he talked again about how we are hurting economically. John Schofield made a motion to table this until April 8, 2002. Approved 418102 Diane Golden seconded the motion. The motion passed by a vote of 6 -0. 6. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1. Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1. Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use: a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West / Lot 2, Block 1, Vail Lionshead 2 nd Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medical Center Planner; Allison Ochs TABLED UNTIL APRIL 8, 2002 7. A request for a conditional use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 8. Approval of March 11, 2002 John Schofield made a change on page 11 from "influence" to "interest" 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department 0