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HomeMy WebLinkAbout2008-0512 PECPLANNING AND ENVIRONMENTAL COMMISSION May 12, 2008 1:OOpm .• T~1WN 4F Yl~, TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Gorsuch Ltd. 263 East Gore Creek Drive 45 Minutes A request for work session for a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12- 7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025) Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates Planners: Scot Hunn ACTION: MOTION: SECOND: VOTE: 20 Minutes 2. A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 30 Minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. (PEC080005) Applicant: Town of Vail Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: Page 1 5 Minutes 4. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, ExteriorAlterations or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day Lot with a structure containing Type III employee housing units, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Table to June 9, 2008 MOTION: SECOND: VOTE: 5 Minutes 5. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of A Building or Outside of A Building), Vail Town Code, to facilitate the construction of a public building, grounds, and facilities (transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010) Applicant: Town of Vail Planner: Warren Campbell/George Ruther ACTION: Table to June 9, 2008 MOTION: SECOND: VOTE: 6. Approval of April 28, 2008 minutes MOTION: SECOND: VOTE: 7. Information Update 8. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 9, 2008, in the Vail Daily. Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2008 SUBJECT: A request for a work session to discuss a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0025) Applicant(s): Gorsuch, Ltd. and John P. McBride, represented by Tom Frye and Jay Peterson Planner: Scot Hunn I. SUMMARY The applicant, Gorsuch Ltd. and John McBride, represented by Tom Frye of Resort Design Associates International, and Jay Peterson, Bailey and Peterson, has requested a work session with the Town of Vail Planning and Environmental Commission to discuss the revised plans to demolish and re-develop the Clock Tower Building in the Commercial Core 1 (CC1) zone district of Vail Village. The Clock Tower re-development project includes, but is not limited to, demolition of the existing Clock Tower building in its entirety and the subsequent re- development of a new building and clock tower in the same location. Discussion is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re-development of this prominent site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, Town of Vail Streetscape Master Plan Addendum and the Town's Zoning Regulations which will apply to the continued review of the project. As this is a work session, Staff is making no recommendation at this time. The applicant has requested that the public hearing to consider this application be tabled to the Planning and Environmental Commission's regularly scheduled meeting of June 9, 2008. II. DESCRIPTION OF THE REQUEST The purpose of this meeting is to discuss how the Clock Tower re-development proposal compares to the zoning regulations prescribed for development within the Commercial Core Area 1 District, master plan documents, as well as site specific design guidelines outlined in both the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Town of Vail Streetscape Master Plan Addendum. The Applicant has submitted a set of revised plans for review and consideration dated February 11, 2008. The attached plan sets (Attachment B) indicate proposed improvements including but not limited to: • Five floor levels (four finished, with three above grade) inclusive of a sub- terranean basement level (storage), a retail basement level, a main level at-grade with Gore Creek Drive, second level (retail), and a third retail level; • Reconstruction of the Clock Tower; • Outdoor terrace space and seating area along Bridge Street; • Streetscape improvements on Gore Creek Drive and Bridge Street; • Streetscape improvements to alleyway and loading areas on east side of existing Clock Tower building. In addition, the Applicant has provided calculations relative to (gross) square footage of commercial/retail and office space within the existing and proposed structure (Attachment C - pg. 18). Briefly (in part): Existin Proposed Increase Total 24,658 sq. ft. 35,786 sq. ft. 11,128 sq. ft. Of note is the addition of a third story above grade/street level where additional retail space is contemplated, asub-terranean basement level below a basement retail floor level, as well as the elimination of habitable space within the upper portions of the tower element. The applicant proposes this re-development in order to gain a more functional floor plan and improve retail operations on the site. Simply, the existing building has been remodeled several times, yet still presents unique challenges from a retailing, merchandising and operations standpoint. Therefore, a primary goal of any re-development of this site will be to increase functionality, increase usable (retail) square footage, improve circulation within the store, and improve the display of merchandise. The intended outcome of this meeting is for the Commission to have a greater understanding of the Master Plan recommendations and guidelines affecting re- development within the Commercial Core 1 District and to allow the Commission, applicant and publican opportunity to comment on the project's potential benefits 2 and impacts. Although the Commission will not be taking formal action on the development application at this time, the Staff and the applicant are requesting that the Commission provides input and direction to the applicant on the issues related to the proposal, as well as specific or additional requirements for the impending review and approval processes. To this end, the Clock Tower building re-development project includes the following primary applications: • A major exterior alteration application pursuant to Section 12-7B-7 of Title 12, Vail Town Code; • A variance application pursuant to Section 12-7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, Vail Town Code; In addition, the applicant proposes improvements that will impact existing view corridors. Therefore, the applicant will be required to submit the following: • A view corridor amendment application pursuant to Section 12-22- 5, Amendments, Vail Town Code; • A view corridor encroachment application pursuant to Section 12- 22-6, Encroachments into Existing View Corridors, Vail Town Code. III. BACKGROUND The Clock Tower building re-development project is the comprehensive re- development of Lot(s) `D' & `E', Block 5, Vail Village, First Filing and Lot(s) `C' & `F' Slifer/McBride Subdivision. This highly prominent development site is located in the center of the Commercial Core 1 zone district -within the historic Vail Village, at the northeast corner of the Gore Creek Drive and Bridge Street intersection. This area is further identified within the "Mixed Use" land use designation of the Vail Village Master Plan (Land Use Plan), and is more specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This sub-area is described (in part) as follows: "The core area, with it's predominantly Tyrolean architecture, is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects." The Clock Tower building has undergone multiple additions and remodels since original construction. The combined total area of the site is approximately 0.205 acres (8,929.80 sq. ft.) in size. A vicinity map has been attached for reference (Attachment A). On May 14, 2007, the applicant presented conceptual plans to the Planning and Environmental Commission. At that meeting, the Commission expressed general support for the proposal, and stated concerns with the design of the proposed tower, landscaping and streetscape improvements. Specifically, the Commission stated the following concerns and suggestions: • Maintain the Bridge Street presence of the building (outdoor deck area) to preserve the vitality of the streetscape and pedestrianization; • The clock tower is the "icon and branding of Vail". The new tower should emulate the existing design; • The tower height may increase, but should not be permitted to be made wider; • The design must preserve view corridors and views from surrounding buildings; • Simplify the design of two separate tower elements and revise the plans to "break-up"the south facade; In summary, the Commission directed the applicant to study the proposed design of the tower element -encouraging the applicant to maintain more of the existing tower characteristics -and directing the applicant to revise the plans to incorporate required landscaping along the south and west sides of the building to enhance the streetscape and pedestrian level experience and to "soften" the building facades. On February 25, 2008, the applicant submitted revised building plans, site plans and other information necessary to continue the review of this major exterior alteration. The plans were scheduled for review on the March 10, 2008, Planning and Environmental Commission agenda. However, the applicant subsequently requested a tabling of the review to allow for certain information and documents to be submitted for review, in accordance with the submittal requirements of the Town Code. The review was tabled once again on March 24, 2008 and again on April 14, 2008. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning & Environmental Commission, Design Review Board, Town Council, and Staff with regard to applications submitted on behalf of the applicant. A. Exterior Alteration/Modification in the Commercial Core I (CCI) zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: The PEC shall review the proposal for: - Conformance with development standards of zone district - Lot area 4 - Setbacks - Building Height - Density - GRFA (if applicable) - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive (Land Use) Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following: - Pedestrianization - Vehicular penetration - Streetscape framework - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. Design Review Board: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. The Design Review Board does however make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan as well as the Vail Village Urban Design Guide Plan. The DRB is responsible for evaluating the proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the Vail Village Urban Design Guide Plan and design considerations Staff. The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the applicable master plans and site specific design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision.* Note: Staff is recommending that the Applicant meet with the Town Council rip or to proceeding with any further application submittals and reviews by the PEC with the specific intent to obtain "Permission to Proceed" with regard to any proposed improvements (uses) within the public way. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Municipal Code, Title 12 Zoning Regulations Chapter 7 -Commercial and Business Districts, Article B, Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): 6 A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 12-78-20: VAIL VILLAGE URBAN DESIGN PLAN (in part): Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Chapter 10 -Off Street Parking and Loading 12-10-8: PARKING STANDARDS 12-10-9: LOADING STANDARDS: A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off street loading berths shall be provided in addition to required off street parking and shall not be located within accessways. 8. Size: Each required loading berth shall be not less than twelve feet (12') wide, thirty five feet (35) long, and if enclosed and/or covered, fourteen feet (14') high. Adequate turning and maneuvering space shall be provided within the lot lines. At the planning and environmental commission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the planning and environmental commission finding that such variation is necessary to prevent negative impacts to the public right of way. C. Access: Accessways not less than ten feet (10') or more than twenty feet (20') in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities. 12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED A. Criteria: The town council by resolution may exempt certain areas from the off street parking and loading requirements of this chapter if alternative means will meet the off street parking and loading needs of all uses in the area. Prior to exempting any area from the off street parking and loading requirements, the council shall determine the following: That the exemption is in the interests of the area to be exempted and in the interests of the town at large. 2. That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not conferred on similarly situated properties elsewhere in the town. 3. That the exemption will not be detrimental to adjacent properties or improvements in the vicinity of the area to be exempted. That suitable and adequate means will exist for provision of public, community, group or common parking facilities; for provision of adequate loading facilities and for a system for distribution and pick up of goods; and for financing, operating and maintaining such facilities; and that such parking, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted. 8. Parking Fund: For projects located within the town's "parking pay-in-lieu" zones (as identified on the town's official "parking pay-in-lieu zone" maps, incorporated by reference) property owners or applicants shall be required to contribute to the town parking fund, hereby established for the purpose of meeting the demand and requirements for vehicle parking to the extent outlined in applicable master plan documents and the zoning regulations. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required: 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council. 3. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. 4. The parking fee to be paid by any owner or applicant is hereby determined to be eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per space for residential uses (including, but not limited to, accommodation units, timeshares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjusted annually by the percentage the consumer price index of the city of Denver has increased or decreased over each successive year. 5. For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner. 6. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five (5) year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four (4) more annual payments will be due to the town on the anniversary of the building permit. Interest often percent (10%) per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of the department of community development. 7. When a fractional number of spaces results from the application of the requirements schedule (section 12-10-10 of this chapter) the parking fee will be calculated using that fraction. This applies only to the calculation of the parking fee and not for on site requirements. Chapter 17 -Variances 12-17-1: PURPOSE A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 8. Development Standards Excepted: Variances maybe granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Chapter 11of this title, governing physical development on a site. 9 C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by Chapter 16 "Conditional Use Permits", and by section 12-3-7 "Amendment", of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Chapter 22 -View Corridors (in part) 10 12-22-1: PURPOSE The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the pubic interest of the town. 8. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6. 12-22-4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 280 Bridge Street, and beyond to the ski slopes. (Please see Attachment D - pg. 19) E. View Point #6: A view looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the Gore Range. (Please see Attachment E - pg. 20) 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, for by application of any resident or property owner in the town,] or by the administrator or his/her designee. 12-22-7: NONCONFORMING STRUCTURES (in part) 11 A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12-22-8: HEIGHT LIMITATIONS (in part) If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Chapter 23 -Commercial Linkage 12-23-1: PURPOSE (in part): A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 8. Except as provided in section 12-23-5 of this chapter, this chapter shall apply to all new commercial development and redevelopment located within the following zone districts: (in part) 4. Commercial core 1 (CC1); C. The requirements of this chapter shall be in addition to all other requirements of this code. D. When any provision of this chapter conflicts with any other provision of this code, the provision of this chapter shall control. 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this chapter. Vail Land Use Plan 12 The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 13 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision- making in achieving each of the stated objectives. The Clock Tower Building is located within the Commercial Core 1 Sub-Area #3 of the Master Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with 14 such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development, consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. l 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.2 Policv: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee Housing; units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4 To preserve existing open space areas and expand greeenspace Opportunities 4.1 Objective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policv: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 16 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policy: Minor improvements (landscaping, decorative paving, open dining decks, etc.), maybe permitted on Town of Vail land or right-of--way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i. e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Vail Villaae Urban Desian Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. Design considerations relative to redevelopment within the Commercial Core, specific to residential building expansion and specific to the Bell Tower Condominiums, are as follows: D. STREET ENCLOSURE (in part): While building fagade heights should not be uniform from building to building, they should provide a comfortable enclosure for the street. an external enclosure is most comfortable where its walls are approximately % as high as the width of the space enclosed; if the height is greater than the width, it comes to resemble a canyon. In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this % -to - 1 ratio. In some instances, the `canyon' effect is acceptable and even desirable - for example as a short connecting linkage between larger spaces - to give variety to the walking experience. F. BUILDING HEIGHT (in part): Basically, the Village Core is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. 17 The definition of height shall be as it is in the Vail Municipal Code. Building height restrictions in Commercial Core 1 shall be as follows: 1. Up to 60% of the building (building coverage area) maybe built to a height of 33 feet or less. 2. No more than 40% of the building (building coverage area) maybe higher than 33 feet, but not higher than 43 feet. SUN/SHADE (in part): All new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties or the public R.O.W. ARCHITECTURAL/LANDSCAPE CONSIDERATIONS (in part): ROOFS (in part): Where visible, roofs are often one of the most dominant architectral elements in any built environment. In the Village, roof form, color and texture are visibly dominant and generally consistent, which tends to unify the building diversity to a great degree. The current expression, and objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and pedestrian streetscape, and to avoid roofs which tend to stand out individually or distract visually from the overall character. ROOF FORMS (in part): Roofs within the Village are typically gable in form and of moderate to low pitch. Shed roofs are frequently used for small additions to larger buildings. PITCH (in part): Roof slopes in the Village typically range from 3:12 to 6:12, with slightly steeper pitches in limited applications. OVERHANGS (in part): Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Overhang details are treated with varying degrees of ornamentation. Styructural elements suchs as roof beams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is thick and wide, giving a substantial edge to the roof. COMPOSITIONS (in part) 18 The intricate roofscape of the Village as a whole is the result of many individual simple roof configurations. For any single building, a varied but simple composition of roof planes is preferred to either a single or a complex arrangement of many roofs. BALCONIES (in part): Balconies occur on almost all buildings in the village which have at least a second level facade wall. As strong repetitive features they: - give scale to buildings - give life to the street (when used) - add variety to building forms - provide shelter to pathways below The prominence of balcony forms is due to several fairly common characteristics: Color They contrast in color (dark) with the building, typically matching the trim colors. Size They extend far enough from the building to cast a prominent shadow pattern. Balconies in Vail are functional as well as decorative. As such, they should be of usable size and located to encourage use. Balconies less than six feet deep are seldom used, nor are those always in shade, not oriented to view or street life. Mass They are commonly massive yet semi-transparent, distinctive from the building, yet allowing the building to be somewhat visible behind. Solid balconies are found occasionally, and tend to be too dominant obscuring the building architecture. Light balconies lack the visual impact which ties the Village together. Materials Wood balconies are by far the most common. Vertical structural members are the most dominant visually, often decoratively sculpted. Decorative wrought iron balconies are also consistent visually where the vertical members are close enough to create semi-transparency. Construction Cantilevered beams, beams extended to support the balcony, are most often visibly exposed on the underside of balconies. As such they are an expression of structure and tie the balconies to the building visually. Town of Vail Streetscape Master Plan -Addendum The Vail Village and Meadow Drive Streetscape projects represent the strategic steps of a 20 year planning effort to upgrade and enhance the physical character and pedestrian experience in Vail. These projects develop the concepts originating from previous planning efforts (1991 Town of Vail Streetscape Master Plan) into a comprehensive and complete streetscape design. 19 VI. ZONING ANALYSIS Staff has completed a preliminary zoning analysis based on the plans and information submitted to date. Amore in depth analysis will follow s ubmittal by the applicant of all required documentation and information. Street Address: 263 Gore Creek Drive Parcel Numbers: 210108229003 21010822 21010822 Zoning: Commercial Core 1 (CC1) District Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development Development Standard Allowed/Required Existin Proposed Buildable Lot Area: 5,000 sq. ft. (min.) 8,929.80sq.ft. No Change Setbacks: None Required (or unless specified otherwise in the VVMP)* Building Height: 60% at 33 ft. or less Unknown Unknown 40% at 33 ft. to 43 ft. Unknown Unknown Density: DU's- 25 D.U.s/acre Unknown None or 5 units AU's- 50 A.U./acre None None or 10.25 units GRFA: 80% or None None 7,143.84 sq. ft. Site Coverage: 80% (max.) or Unknown Unknown 7,143.84 sq. ft. Landscape Area: Per the Vail Village Urban Design Guide Plan Parking: Pay-in-Lieu (12-7B-17) Loading: 2 Berths** 0 0 Notes: Setbacks vary around the development site depending on the location of the "build-to-line" specified in the Vail Village Master Plan. "` Total berths required for multiple use loading facilities per credit granted pursu ant to section 12-10-15. VII. SURROUNDING LAND USES 20 Land Use Zoning North: Mixed Use Development* Commercial Core 1 (CC1) South: Mixed Use Development Commercial Core 1 (CC1) East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR) West: Mixed Use Development Commercial Core 1 (CC1) Note: Adjacent buildings located to the north of this site (zero lot line) will be impacted by this proposed redevelopment; applicant will be required to meet all code requirements relative to zero lot line development and the Applicant is advised that coordination with adjacent property owners will be critical to the successful re-development of this site. VIII. DISCUSSION ISSUES The applicant has submitted revised building and site plans for discussion purposes at this time and has not provided a complete application. The purpose of the work session is to discuss general concepts pertaining to the proposed uses of the project, as well as the site development standards such as setbacks, lot area, site coverage, bulk, mass, and height of the proposed structure relative to compliance with zoning and master plan provisions. Questions or areas of focus for any review and discussion should include: Design: • Massing and Bulk • Roof composition -pitches, overhangs and forms • Clock Tower design elements • Facade and Fenestration • Street level entry points and transparency at pedestrian level, "Pedestrianization" and "Vibrancy" • Building height calculations • Loading Standards Uses: Retail/Restaurant components Outdoor heated terraces/outdoor dining Improvements within the Public Way: • Improvements within the public way, "Permission to Proceed" and goals of Streetscape Master Plan -potential impacts and/or improvements to the public realm and vitality of the streetscape • Improvements within adjacent alleyway (Tract(s) B & C) - potential impacts and/or improvements to access, parking and loading will need coordination with Town officials Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: Town of Vail Town Council "Permission to Proceed" with planning of improvements within Town right-of-way; 21 2. Supplemental Regulations (Chapter 14) • Architectural Projections above Height Limit (12-14-4) • Application and Interpretation of Height Limits (12-14-10) • Commercial Core Construction (12-14-20) 3. Parking Analysis -pay-in-lieu fees 4. Loading Standards 5. Housing Analysis -pay-in-lieu fees 6. Site Coverage -existing and proposed 7. Landscape Plan/Streetscape design elements 8. Grading, drainage and erosion control plans 9. Building Height Calculations -Roof plan indicating all proposed ridge elevations, percentages of roof at or between a certain height (per the Vail Village Urban Design Guide Plan) drawn over existing (interpolated) grades 10. Proposed View Corridor Amendment and Encroachments into Existing View Corridors (12-22-5/12-22-6) Proposed Next Steps* in the Development Review Process/Applications required: • Request "Permission to Proceed" from Town of Vail Town Council for proposed improvements within the public way • Submittal of complete application for Major Exterior Alterations • Submittal of complete application for Variances from site coverage and landscaping and site development standards • Submittal of Exemption Plat (Amended Final Plat) • Return to PEC in June/July for formal review of: o Major Exterior Alterations application o Variance application o View Corridor Amendment application and View Corridor Encroachment application • Submittal of complete DRB application for Major Exterior Alteration • Proceed to DRB for Conceptual Review following subsequent PEC meeting in July/August time-frame • Return to PEC for Final Review/Review of Plat in July/August time- frame • Return to DRB for Final Review in August/September time-frame Note: The above steps and timelines are suggested by staff to aid the Commission and Applicant in planning for future application requirements and review schedules; additional applications may be required and timelines (meeting dates) may be subject to change). 22 IX. STAFF RECOMMENDATION As this is a work session to discuss the proposal conceptually, no action by the Planning and Environmental Commission is required at this meeting. However, Staff recommends that the PEC provide general feedback and direction to the applicant regarding the proposal in preparation for any future review meetings. Specifically, the Commission should provide direction on: • Building Design relative to the Vail Village Master Plan and Vail Village Urban Design Guide Plan • Building Height and Architectural Projections • Building Bulk and Mass • Requested Variances • Proposed improvements within the Public Way • Proposed View Corridor Amendment and Encroachments Staff also recommends that the PEC specify any additional information or analysis to be provided by the applicant for the purpose of any final review of the proposal. X. ATTACHMENTS A. Vicinity Map B. Reduced Plan Set by Resort Design Associates International C. View Corridor Image -View #1 D. View Corridor Image -View #6 23 Attachment A 24 Attachment C 2i Attachment D #1 Zh Attachment E 27 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2008 SUBJECT: A request for a work session to discuss prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's conditional use permit review process by allowing for the administrative review of certain conditional use permit applications. Staff believes an administrative review process will be a more efficient use of the time and resources of the Commission, Staff, and Applicants. II. DISCUSSION ITEMS What is a conditional use? The Town's Zoning Regulations (Title 12, Vail Town Code) establishes three categories of uses allowed within each zone district: "permitted", "conditional", and "accessory" uses. Permitted uses, sometimes referred to as a uses by right, are land uses that further the goals of the zoning regulations and the specific zone district, are considered appropriate and desirable within the given zone district, and are compatible with other allowed uses in that zone district. For example, in the Two-Family Primary/Secondary District both Single-Family and Two-Family Residential Dwellings are permitted uses. Conditional uses are land uses with unique or special characteristics that require additional review to ensure they are located properly with respect to the objectives of the zoning regulations, and to ensure their compatibility with other surrounding uses and the Town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. For example, in the Two-Family Primary/Secondary District a Bed and Breakfast and a Home Child Daycare Facilities are conditional uses because of their potential impacts to neighboring uses. Accessory uses are those uses clearly incidental and/or secondary to another allowed land uses. For example, in the Two-Family Primary/Secondary District a greenhouse, tool shed, playhouse, swimming pool, etc. are all accessory uses to a residential dwelling. What is a conditional use permit? A conditional use permit authorizes the construction, operation and existence of a conditional use at a specific location given specific parameters and/or limitations. Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail Town Code, the conditions of approval applied to a conditional use permit may include: "requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules", etc. How are conditional uses permit applications currently reviewed? Currently all conditional use permit applications are reviewed by the Planning and Environmental Commission at a public hearing. Chapter 12-16, Conditional Uses, Vail Town Code, outlines the conditional use permit application review process, the criteria used to evaluate an application, and the findings necessary to approve an application. Pursuant to Section 12-16-5, Planning and Environmental Commission Action, Vail Town Code: "The Commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. " What is the purpose/intent of the proposed regulation amendments? The proposed amendments are not intended to change or alter the outcome of a conditional use permit review, but to streamline the Town's conditional use permit review process by allowing for the administrative review of certain conditional use permit applications. Staff believes an administrative review process will be a more efficient use of the time and resources of the Commission, Staff and Applicants. 2 Which conditional use permits are proposed to be reviewed administratively, rather than by the Planning and Environmental Commission? Staff is researching the Town's archives to quantify and better understand the historically data concerning conditional use permits (i.e. what types of conditional use permits have been approved, what conditions or limitations have been placed on those permits, etc.). Once all this data has been collected, an analysis of the results will be used to determine which, if any, conditional use permits could/should be reviewed administratively, rather than by the Planning and Environmental Commission. The following is a preliminary list of conditional uses that Staff believes could be reviewed administratively: • Bed and Breakfasts • Employee Housing Units • Home Child Daycare Facilities • Public Utility and Public Service Uses • Seasonal Uses and Structures • Extensions to time limited conditional use permit approvals • Minor amendments that do not alter the original characteristics of the use What criteria would be used to administratively review a conditional use permit application? Staff recommends the same general review criteria and findings currently outlined in Section 12-16-6, Criteria/Findings, Vail Town Code, be used by both the Commission and Staff to review every conditional use permit application. The current review criteria are as follows: "1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title." Staff further recommends that Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, be expanded to include more use specific standards for those uses selected to be reviewed administratively. These use specific standards could be used as a check list to help determine whether a proposed conditional use should be approved or denied. Will the Planning and Environmental Commission retain any oversight of an administratively reviewed conditional use permit? Should the Planning and Environmental Commission wish to have "call-up" (appeal) authority over the Administrator's approval or denial of a conditional use permit; Staff would recommend that any such administrative actions be listed on the Commission's public hearing agenda under information update. This would afford the Commission the opportunity to ask Staff questions about the application and would provide the Commission an opportunity to "call-up" any decisions it would like to appeal or review in greater detail. This will also serve to notice the Town Council and the public of these actions as well. Is there any precedent for allowing a conditional use to be reviewed administratively? In the fall of 2007, the Vail Town Council adopted amendments to the Town's Zoning Regulations to allow Type II Employee Housing Units as a permitted use rather than a conditional use subject to Planning and Environmental Commission review. The Planning and Environmental Commission and Staff recommended approval of these amendments to make the Town's review process more efficient. Historically, the conditional use permit review of Type II EHUs was viewed as merely a formality, since such applications were seldom denied and the conditions of approval were consistently the same. III. NEXT STEPS Staff will return to the Planning and Environmental Commission on June 9, 2008, with a draft amendment ordinance for further discussion, consideration, and a recommendation to the Vail Town Council. IV. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission asks questions about the proposed amendments and provides Staff with any initial feedback or direction. Since the Commission's May 26, 2008, public hearing is cancelled due to the Memorial Day holiday, the Community Development Department recommends the Planning and Environmental Commission tables this item to its June 9, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto, to its June 8, 2008, public hearing." 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. (PEC080005) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, Town of Vail, is requesting the Planning and Environmental Commission forward a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VI of this memorandum. II. BACKGROUND Sexually oriented businesses (SOBS) receive a number of protections under the First Amendment of the United States Constitution and the corresponding provision of the Colorado Constitution. Indeed, the First Amendment dictates that a municipality must allow SOBs to locate somewhere within a Town's jurisdictional boundaries in order to avoid a constitutional challenge. The Vail Town Code does not currently permit SOBs to locate anywhere within the Town limits. Nude dancing and similar sexually oriented conduct has been deemed to be expressive conduct that is protected by the First Amendment. While such conduct is not considered "core" First Amendment speech, the regulations governing such businesses must be content neutral and must take the form of time, place and manner restrictions. On April 15, 2008, the Vail Town Council requested that Staff prepare an ordinance to address the lack of sexually oriented businesses being identified as a specific land use in any of the zone districts within the Town's boundaries. There are two parts to the regulations being proposed that will regulate SOBs. The first is the licensing regulations that place content neutral requirements on time, place and manner of SOBs. Part 1 amends Title 4 of the Code by the addition of a new Chapter 12 governing business licenses for SOBS. This part was in an ordinance that was passed by the Vail Town Council upon first reading on May 6, 2008, provided as Attachment A. The section that is being presented to the PEC is the amendments to the Zoning Regulations in order to allow for SOBs as a conditional use in the Heavy Service District. The amendments also place specific criteria on SOBs as a conditional use, more specifically to where SOBs may be placed in relation to schools, churches, state licensed day care facilities, and other sexually oriented businesses. The proposed text amendments will require a 500 foot buffer between SOBs and these uses. Requiring a buffer between two SOBs will ensure that multiple SOBs do not create an agglomeration economy, which is when an area becomes a haven for a specific type of use, thus generating more traffic and potentially negative impacts. Five hundred feet was specifically chosen because this distance has been tested in multiple municipalities and is considered an adequate distance to buffer uses. According to legal advice on SOBs based on regional and federal court decisions, SOBs must be a permitted or conditional use in at least one zone district in order to allow for the use somewhere within a jurisdiction. After reviewing the purpose statements of all of the zone districts, SOBS fit best with the industrial uses of the Heavy Service District. HS District is comprised of the three gas station properties within Vail and is specifically intended as a district for uses not appropriate elsewhere. A map showing Heavy Service District locations is provided in Attachment B. DESCRIPTION OF THE REQUEST Staff is requesting that the following changes be made to Title 12: TITLE 12: ZONING REGULATIONS CHAPTER 2: DEFINITIONS: 12-2-2: DEFINITIONS, ENUMERATED: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. 12-7G: HEAVY SERVICE DISTRICT 12-7G-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. 2 Building materials stores. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. USES AND CRITERIA 12-16-7A-16: SEXUALLY ORIENTED BUSINESSES. 1. Sexually oriented businesses shall be located a minimum of five hundred feet from any: a. Church, public park or library; b. State-licensed day care facility; c. School or educational facility serving persons under eighteen years of age; or d. Any other sexually oriented business. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any church, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the church or school, or the nearest boundary of the public park. Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 4. Sexually oriented businesses shall obtain a license per Title 4, Vail Town Code, as a condition of approval for a conditional use permit. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part) 12-1-2: PURPOSE A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12-7G: HEAVY SERVICE (HS) DISTRICT 12-7G-1: PURPOSE: The heavy service district is intended to provide sites for automotive oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the heavy service district are subject to the conditional use permit procedure. In granting a conditional use permit, the planning and environmental commission or the town council may prescribe more restrictive development standards than the standards prescribed for the zone district in order to protect adjoining uses from adverse influences. 12-3-7: AMENDMENT: C. Criteria and Findings: 4 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. 12-23-1: PURPOSE AND APPLICABILITY A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. V. REVIEW CRITERIA Staff believes these text amendments are in accordance with the purpose and intent of Titles 12, Zoning Regulations, and are in the public interest and serve to improve the Code. The review criteria and factors for consideration fora request of a text amendment to Title 12, are established in accordance with the provisions of Chapter 12- 3, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text amendments further the general and specific purposes of the Zoning Regulations by conserving and maintaining established community qualities, and ensuring a workable relationship among land uses. By specifying a zone district for SOBs, the Town is assured that SOBs will not occur in the general commercial zone districts, specifically in the commercial cores where a family oriented mixed use theme exists today. With SOBs in Heavy Service only, the use is isolated among industrial uses where an SOB will have limited negative effects. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes the proposed text amendments further the goals of the Vail Village Master Plan and the Lionshead Redevelopment Master Plan generally by not allowing SOBS as a use in those subareas. It is essential to the character of the commercial cores that they remain free of SOBS. It is also furthering the goals within the Vail Land Use Plan to retain the original character of the commercial cores. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, The text amendments reflect the changing legal environment surrounding SOBs. A recent court battle occurred in Frisco, Colorado when an applicant challenged the Town over a sudden SOB moratorium after he attempted to apply for an SOB in the downtown historic district. Ultimately, Frisco won and the SOB was denied, but the court battle was costly and embarrassing, and shed light on the need for other municipalities to regulate SOBs. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes the proposed text amendments provide a workable relationship among land uses because the amendments seek to isolate SOBS within one zone district rather than allow them throughout the town in zone districts that are inappropriate for this use. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of these text amendments, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the Town of Vail's request for a prescribed h regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to recommend approval of these text amendments, the Department of Community Development recommends the Commission makes the following findings part of the motion: "Based upon the review of the criteria outlined in Section V of this Staff memorandum to the Planning and Environmental Commission dated May 12, 2008, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, 2. That the amendments further the general and specific purposes of Zoning Regulations; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " VII. ATTACHMENTS A. Ordinance No. 11, Series of 2008 B. Heavy Service District Map Attachment A ORDINANCE NO. 11 SERIES 2008 AN ORDINANCE AMENDING TITLE 4 OF THE VA/L TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES"; AND SETTING FORTH DETAILS /N REGARD THERETO. WHEREAS, THE TOWN OF VAIL, IN THE COUNTY OF EAGLE AND STATE OF COLORADO (THE "TOWN"), IS A HOME RULE MUNICIPAL CORPORATION DULY ORGANIZED AND EXISTING UNDER LAWS OF THE STATE OF COLORADO AND THE TOWN CHARTER (THE "CHARTER"); AND WHEREAS, THE MEMBERS OF THE TOWN COUNCIL OF THE TOWN (THE "COUNCIL") HAVE BEEN DULY ELECTED AND QUALIFIED; AND WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a decrease in property values for surrounding properties, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the 10t" Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10t" Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10t" Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10t" Cir. 2002), concerning the adverse secondary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Council deems it appropriate and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the TOWN OF VAIL, COLORADO, THAT: SECTION 1. TITLE 4 OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE ADDITION OF A NEW CHAPTER 12, WHICH SHALL READ AS FOLLOWS: CHAPTER 12 SEXUALLY ORIENTED BUSINESSES 4-12-1: PURPOSE: The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating sexually oriented businesses through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented businesses within the Town. This Chapter is not intended to limit or restrict the content of any communicative materials, including sexually oriented materials. This Chapter is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their intended market. Finally, this Chapter is not intended to condone or legitimize the distribution of obscene material. 4-12-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by five (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas. ADULT STORE: Any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia designed for use in connection with specified sexual activities. 9 ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities. ADULT MOTION PICTURE THEATER: A commercial establishment which is characterized by the showing, for any form of consideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. ADULT THEATER: A theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities. CONVICTED: Having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is pending; excluding any conviction overturned or vacated by appeal or other force of law. EMPLOYEE: A person who works or performs work or service in or for a sexually oriented business on a full-time, part-time or contract basis, with or without compensation, regardless of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; excluding any person on the premises for repair or maintenance of the premises or for delivering or removing tangible personal property to or from the premises. LICENSED PREMISES: The building or structure in which a licensed sexually oriented business is operating. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. 10 SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution of an illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime if such organized crime is committed within the premises of a sexually oriented business in the Town or elsewhere. SPECIFIED SEXUAL ACTIVITIES: Any of the following: 1. Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; 3. Masturbation, actual or simulated; or 4. Human genitals in a state of sexual stimulation or arousal; human excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. 4-12-3: LICENSE REQUIRED: All sexually oriented businesses in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to operate a sexually oriented business in the Town without a valid license issued pursuant to this Chapter. 4-12-4: LICENSE APPLICATION: A. Applicants for a sexually oriented business license shall submit a written application to the Town Clerk which includes the following: 1. The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, directors and registered agents; 2. The trade name of the applicant and copies of all documents recording the trade name, including the trade name affidavit; 3. The name of any other sexually oriented business in which any officer, director or partner has a financial interest; 4. The address of the premises to be licensed; 11 5. If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report; 6. Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed; 7. A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by each sexually oriented business; and 8. A description of the type of sexually oriented business proposed, such as an adult store, adult cabaret, adult theater or adult motion picture theater. B. Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to sign for the applicant. C. Each application shall be accompanies by anon-refundable application fee in accordance with a fee schedule maintained by the Town Clerk. 4-12-5: BACKGROUND INVESTIGATION: A. Upon receipt of a completed application, the Town Clerk shall perform a background investigation of the applicant and its officers, directors and partners, and the information contained in the application. B. The Town Clerk may to investigate any fact related to any of the criteria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business license. C. The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background investigation. D. The background investigation shall be completed within forty-five (45) days of receipt of the completed application. 4-12-6: ISSUANCE OR DENIAL: A. Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via United States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one or more of the following is true: 1. The applicant has not paid all required fees. 12 2. The applicant or any of its officers, directors or partners is under eighteen (18) years of age; 3. The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances; 4. The applicant has knowingly provided false information to the Town on an application for a sexually oriented business license; 5. The location of the proposed sexually oriented business does not comply with the location requirements set forth in the Town's zoning ordinance; 6. The premises in which the sexually oriented business is proposed to be located does not comply with applicable Town ordinances, such as the building code, electrical code or fire code; 7. The applicant is delinquent in the payment of any taxes, fees, or other payments owed to the Town; or 8. The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years preceding the date of the application. B. Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled Town Council meeting occurring at least ten (10) days after receipt of the written request. C. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the applicant's eligibility fora sexually oriented business license. D. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the Town Clerk issue the sexually oriented business license, or issue a written order denying the application for the sexually oriented business license. E. If the Town Council denies the application for a sexually oriented business license, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 13 4-12-7: TERM OF LICENSE; RENEWAL: A. All sexually oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in this Chapter. B. Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the current license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived its option to renew the license and must re-apply for a new license. C. Applications for renewal shall include the same information as an original application, except as the Town Clerk deems redundant. D. The procedures for renewal license applications shall be the same as the procedures for new license applications. 4-12-8: LICENSE NONTRANSFERABLE: A sexually oriented business license issued under this Chapter is nontransferable. By way of example but not limitation, a new sexually oriented business license shall be required upon: the sale, lease or sublease of the sexually oriented business or the licensed premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business; or the establishment of a trust, gift, or similar legal device which transfers ownership or control of the sexually oriented business or the licensed premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. 4-12-9: SUSPENSION AND REVOCATION: A. The Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter if the Town Clerk receives reliable information to establish that: 1. A nuisance is being maintained on the licensed premises; 2. The licensed premises are unsanitary as certified by the Eagle County Department of Health; 3. The licensed premises are unsafe as certified by the Town's building official, the fire marshal or the fire chief; 14 4. The licensee has knowingly permitted on the licensed premises: the possession, sale or use of illegal controlled substances; any specified sexual activity; or prostitution; 5. The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license; or 6. The licensee knowingly provided false information on an application for a sexually oriented business license or renewal of such a license. B. At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent application, of the allegations supporting the suspension or revocation. C. During the twenty (20) day period, the licensee may file a written request for a stay of the suspension or revocation pending a hearing before the Town Council on the allegations to support the suspension or revocation. D. The hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of the request. E. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation. F. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be revoked, or that no action be taken with respect to the license. G. If the Town Council orders suspension or revocation, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-10: GENERAL REGULATIONS: A. All licensed premises shall comply with all applicable Town regulations and ordinances, including but not limited to the building code, fire code, electrical code, zoning regulations, business licensing and sales tax collection. 1 B. Every sexually oriented business license issued under this Chapter shall be displayed in a conspicuous place on the licensed premises in a clear cover or frame, and shall be available for inspection at all times by the public. C. All licensed premises shall be maintained in a clean and sanitary condition, and shall be cleaned at least once daily and more frequently when necessary. D. Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises. E. All materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the licensed premises. 4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS: A. An adult cabaret or adult theater at which employees dance shall have one or more stages or similar structures specially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located inside the licensed premises. Employees shall dance only upon such stage or structure. B. When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be required on all such stages and structures where the platform on which the employee dances is more than eight inches (8") above the surface upon which the structure rests. C. Anv adult cabaret or adult theaUe shall have one or snore separate areas designated in the diagram submitted as part of the application as a stage for the licensee or emplo~~ees to perform as entertainers. Entertainers shall peifoi7n only upon the stage, and the stage shall be filed and iimnovable. D. No seating for the audience shall be permitted within tlu-ee feet (3') of the edge of and- stage. and no members of the audience shall be pei7nitted upon anv stage or within three feet (3') of the edge of anV stage. 4-12-11: LIGHTING REQUIREMENTS: A. When the occupant capacity of any licensed premises, as determined by the fire department, is at least fifty persons, such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained and charged. 16 B. The interior portion of a licensed premise to which patrons are permitted access shall be equipped with overhead lighting futures of sufficient intensitti- to illuminate evei-~- place at an illumination of not less than two (2) foot- candles as measured at the floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that and- patron is present on the premises. 4-12-12: HOURS OF OPERATION: It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m. and 8:00 a.m. 4-12-13: AGE RESTRICTIONS: A. It is unlawful for a licensee to admit or permit the admission of any person less than eighteen (18) years of age into any sexually oriented business. B. It is unlawful for any person to sell, barter, give, or offer for sale, barter or gift, to any person under eighteen (18) years of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater. C. Employees of any sexually oriented business shall be at least eighteen (18) years of age. 4-12-14: CONDUCT: A. No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person. B. No licensee or employee shall knowingly fail to immediately report to the police department any criminal conduct or violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. C. No person shall engage in specified sexual activities on or within a licensed premise. D. No licensee or employee mingling ~yith patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to eipose to view any- specified anatomical area. 17 E. No employee shall receive tips from patrons eicept as provided herein. A licensee that desires to provide for tips from its patrons shall establish one or more boles or other containers to receive tips. All tips for employees shall be placed by patrons into the tip bor. The licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1") high to read as follows: "All tips are to be placed in tip boi and not handed directh~ to the entertainer. An~r ph~Tsical contact between the patron and the entertainer is sti7ctly_ prohibited." 4-12-15: INSPECTION: Every licensee shall permit law enforcement officers and an~T other federal, state, county or Town agency in the performance of anv fiinction connected with the enforcement of this Chapter and normally and regularly conducted by such agency-, to inspect the licensed premises for the purpose of ensuring compliance with this Chapter. at any tone the licensed premises is occupied or open for business. 4-12-16: EMPLOYEE IDENTIFICATION: Each licensee shall provide to the Town Clerk, in writing, the full name, any aliases, date of birth, and the current address and telephone number of every employee of the licensee within five (5) days of employment. 4-12-17: EXEMPTIONS: Notwithstanding anything to the contrary in this Chapter, the following businesses and activities shall be exempt from the requirements of this Chapter: 1. Any adult store which derives less than ten percent (10%) of its gross income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those materials only. 2. Any college, junior college or university supported, in whole or in part, by tax revenue and offering educational programs which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. 4-12-18: REGULATIONS NOT EXCLUSIVE: 18 Nothing contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Code to any sexually oriented business. 4-12-19: PENALTIES: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this Chapter, and any such violation shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00) and imprisonment for a period not to exceed one hundred eighty (180) days, or both such fine and imprisonment, provided that no person under the age of eighteen (18) years of age shall be subject to imprisonment. Each and every day of violation of the provisions of this Chapter shall constitute a separate offense punishable as such. B. In the event of violation of any of the terms and regulations set forth herein, the Town may obtain equitable relief, including injunctive relief, to require compliance with the provisions hereof. If the Town is successful in obtaining injunctive or other equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other relief. C. Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this Chapter in addition to simultaneously or subsequently prosecuting alleged violations of this Chapter under this Section. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This 19 repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20t" day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Town Mayor Attest: Lorelei Donaldson, Town Clerk 20 Attachment B 21 PLANNING AND ENVIRONMENTAL COMMISSION April 28, 2008 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Rollie Kjesbo Bill Pierce Michael Kurz Sarah R. Paladino (departed at 2:40 after Item 3) Scott Proper Susie Tjossem David Viele Site Visits: 1. Osaki Sushi Restaurant - 100 East Meadow Drive 2. Peters Residence - 2955 Bellflower Drive Driver: Warren 30 minutes 1. A request for a final review of variances from Sections 12-6D-6, Setbacks, 12-6D-9, Site Coverage, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition and remodel with required parking located partially within the public right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting forth details in regard thereto. (PEC080018) Applicant: Alan Peters, represented by Carl Mueller Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Viele SECOND: Kurz VOTE: 6-0-0 1. The variance approvals are contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed additions. 2. The Applicant shall submit a revocable right-of-way permit to Public Works for all improvements located within the Bellflower Drive right-of-way prior to issuance of the building permit. 3. The Applicant shall deed restrict the secondary dwelling unit as a Type I Employee Housing Unit and file all necessary documentation with the Town of Vail Housing Coordinator prior to the issuance of the Certificate of Occupancy. 4. The Applicant shall trim the large existing evergreen tree in the front yard so that no limbs hang below 7 feet as measured from the ground, upward, prior to the issuance of the Certificate of Occupancy. Nicole Peterson presented a summary of the Staff memorandum. Carl Mueller, applicant's representative, was available for questions. There was no public comment. Commissioner Proper asked for clarification of the scope of this proposal in comparison to the other variances granted in the neighborhood. He also clarified the hardships on the property. Page 1 Commissioner Viele noted the similarity of this proposal to past variance approvals. He noted that the house was originally constructed under Eagle County jurisdiction and this variance approval would not be a grant of special privilege. Commissioner Kurz asked for clarification concerning the deed restrictions of the EHU. Commissioner Paladino had no comment. Commissioner Tjossem questioned if the second floor bedroom was a grant of special privilege given its location within the setback. She noted that the garage was a positive addition. Commissioner Kjesbo noted the EHU deed restriction and the new garage are in keeping with the Town's development goals. 15 minutes 2. A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site, located at 151, 250, and 280 Vail Lane/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting for details in regard thereto. (PEC080019) Applicant: Vail Resorts Development Company Planner: Warren Campbell ACTION: Approved MOTION: Viele SECOND: Proper VOTE: 6-0-0 Warren Campbell presented a summary of the proposal and the Staff memorandum. Warren noted some minor corrections that had been made to the proposed final plat by the applicant's legal representatives subsequent to the printing of the Staff memorandum. Gerry Arnold, Vail Resorts, was available for questions. Jim Lamont, Vail Homeowner's Association, asked for clarification concerning the boundary with Mill Creek Subdivision. There were no Commissioner comments. 15 minutes 3. A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080016) Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Recommendation of approval with condition(s) MOTION: Tjossem SECOND: Proper VOTE: 4-0-2 (Kjesbo & Viele recused) 1. The Applicants must obtain final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. The Applicants shall provide the legally executed and duly recorded deed restriction with the Eagle County Clerk & Recorder's Office for the off-site employee housing unit prior to the issuance of a temporary certificate of occupancy for the construction associated with this amendment. 3. The Applicants shall make the off-site employee housing unit ready for occupancy prior to the issuance of a temporary certificate of occupancy for the construction Page 2 associated with this amendment, in accordance with Section 12-23-10, Timing, Vail Town Code. 4. The Applicants shall make the loading and delivery ramp ready for use prior to the issuance of a temporary certificate of occupancy for the construction associated with this amendment. 5. The Applicants must obtain Town of Vail Public Works Department approval of the loading and delivery ramp design prior to first reading of an ordinance by the Vail Town Council for the proposed SDD amendment. Commissioner Kjesbo and Commissioner Viele recused themselves due to conflicts of interest. Commissioner Kurz chaired the meeting for this item. Bill Gibson presented a summary of the Staff memorandum. Kyle Webb, representing the Osaki's, stated their concerns about installing steep loading and delivery ramp adjacent to the Osaki's restaurant expansion. He requested that the Commission forward a recommendation of approval of the proposal and recommend elimination of the proposed ramp. George Ruther, Director of Community Development, spoke to the topic of the loading and delivery ramp. He explained the history of the Vail Village Inn development and the Vail Plaza Hotel. He explained the need for the ramp and why this project in being required to construct a loading and delivery ramp. He added that if the condition for the loading and delivery ramp were eliminated from the proposal, Staff would recommend denial of this application. Jim Lamont, representing Vail Homeowners, requested clarification about connections between the various Vail Village Inn phases that were proposed at the time of the Vail Plaza Hotel development. George Ruther stated that the connections were not installed as per the Ordinances for several reasons. One being cost and the other is the desire of Phase III owners to not allow deliveries and trash to be routed through their structure. He reiterated the importance of needing a ramp or lift to vertically circulate the trash and deliveries. Kyle Webb reiterated that he did not believe the ramp would be used due to its steepness, but the applicant was willing construct it if that would satisfy Staff's recommended conditions. He further added that a loading and delivery lift was price estimated to be in excess of half of the total cost of the proposed addition. Commissioner Proper asked if the ramp was heated and how it compared to the width of a standard hallway. Kyle Webb stated the ramp was not heated and that the ramp was two feet wide and a hallway is typically three feet. Commissioners Tjossem and Palidino asked why this one business owner was being asked to construct the loading and delivery ramp improvements that should be the responsibility of the Vail Village Inn owners association. George Ruther explained the history of the development of Vail Plaza Hotel and the ownerships unwillingness to allow alternative loading and delivery improvements to be construction during Page 3 the Vail Plaza Hotel construction. He noted that the proposed restaurant expansion could affect other possible loading and delivery alternatives. Commissioner Kurz stated his thoughts that the project included several benefits which would better the property and the community. 60 minutes 4. A request for a final recommendation to the Vail Town Council of a proposed update and review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC080020) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to June 23, 2008 MOTION: Viele SECOND: Proper VOTE: 5-0-0 George Ruther, Director of Community Development, presented a power point presentation on the history and purpose of the Vail Village Master Plan. He further added that the Community Development was proposing an update of the Master Plan so that it remains a functional and usable document. This is not an amendment to change the current recommendations and tenants of the Master Plan. Jim Lamont, representing Vail Homeowners, stated that he saw his role as one of filling in the history from a Staff perspective in this process. He further added a greater account of the history of the development of Lionshead and the economics that were in play during the original Lionshead Master Plan. He continued by stating that the residential condominium associations need to be included as well in the process to cover those representing floor levels above the commercial basements and street level spaces. He also highlighted the importance of the sub- area plans and how they all interact together to accomplish the goals and objectives of the Master Plan. He concluded by suggesting that a method such as the Internet should be used to continue the education of citizens into the future about the blood, sweat, and tears that went into the original Master Plan and the current proposed update. Commissioner Viele suggested including all the owners of property in the Village. 5 minutes 5. A request for final review of a major exterior alteration pursuant to Section 12-7H-7, Exterior Alterations or Modifications, and conditional use permit pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day Lot with a structure containing Type III employee housing units, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Table to May 12, 2008 MOTION: Viele SECOND: Kurz VOTE: 5-0-0 5 minutes 6. A request for final review of a conditional use permit pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of A Building or Outside of A Building), Vail Town Code, to facilitate the construction of a public building, grounds, and facilities (transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010) Page 4 Applicant: Town of Vail Planner: Warren Campbell/George Ruther ACTION: Table to May 12, 2008 MOTION: Viele SECOND: Kurz VOTE: 5-0-0 5 minutes 7. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12- 76-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025) Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates Planners: Scot Hunn ACTION: Table to May 12, 2008 MOTION: Viele SECOND: Kurz VOTE: 5-0-0 5 minutes 8. A request for a final recommendation to the Vail Town Council of a proposed amendment to the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the redevelopment of the site with employee housing, commercial, and office uses, located at 241 South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080015) Applicant: Town of Vail Planner: George Ruther ACTION: Withdrawn 9. Approval of April 14, 2008 minutes MOTION: Vile SECOND: Tjossem VOTE: 5-0-0 10. Information Update George Ruther gave a report on the hearing with Town Council with regard to the North Day Lot proposed Lionshead Redevelopment Master Plan amendments. 11. Adjournment MOTION: Kurz SECOND: Viele VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 25, 2008, in the Vail Daily. Page 5 O b N .CO, O r- G 0 x N '~' w 0 ~n N O O W ~ ~ ~ ~ ~ [gyp y--1 N ~ N K "U C ~n w ~y, ~ooo.~b w w ~ `+ o p- •cy b v b ~ ~ co ~ ~. cc ~. vi ~ P. ~' p, o N ~ ~ w, o b p. ~~., p, co `C a ~ p~ p v, _ w P co "' ~ ~~~ w w a ~ o ~~'"~ ~ H7~ ors ~ co ~ w ~ H O ~y ~ N. ~ `~~,a y ts1 ~ R w ~'G aP= ^C OO •~ O ~~7 a ~~ .~~ ~ ~ ~ C b coo coo ~ o ~n ~ H o coo ~. ~' `~ ~ C~7 ~ ~ ~ OH v. (D O ~ ~ N ~. ~ ~ ~c o o ``' ~ "' Z ~~~~ ~ rt a~a~~ ° ~ °* C p oc .~ ~. co ~, 'ti ~ ~ ~ ~ r7 m o ~ n ~ ~ ~~ o ~• ~ ~ ~ ~ ^ a ~, `~ p w ~~'~ '~ ~" ~ ~ a c ~. ~ n m k o w ~ -°{ ~ a ~ °~, `° ~ ~ c. ~.co~~ d ~ w Vi VJ ~ hO-1~ r~--~ N N iy TawN a~ vArL ~' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on May 12, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. (PEC080005) Applicant: Town of Vail Planner: Rachel Friede A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12- 16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours 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 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published April 25, 2008, in the Vail Daily. N N c~ 'O a~ b ~ 0 ~ b ~, ~ ,.0 4-~ c3 ~, O p p ~ v ~ ~ ~~~ o ~ ~ ~ ~ V ~" ~ ~' •-~ ~ ~ .- 'd ,. ~.~ ~ o °' e , ~ o ~ ~ o ~U ~ ~ ~ ~ on ° o ~ '~ U c ~ ~ • ~ zy ~ N~~o~ ~ ~ - ,~ ~, .~ a~ >; ~ ~ ~ c • ~ ~ o ~ Q ~ o ~ ~ ° ~ v ~ ~ ., a .> c r/~ ' o ~ ~ °' ~ ^~ `~ ~' o $' G ' °' ~ ~ ~ ~ ~ A <C W ~ ~, 3 a, •~ ~, ~,,, .~ -c~ ~ ~ cv ~, ~ a ~ ~ ~ o ~ o Q' ~ .~ , ~, ~n v ~ O ~ c~ ~ o 4 -~ o W 3 ~ a°~i ~ o Q ~ ~ . ~ ~ a c,.., o -a b .. fs, W E' ~ '~ ~ ~ ~ '~' ~ 'd ~ o ® H a o ~ ~ ¢' ~ 'b ~ ~ Q ~ P ~ p ~ o o ~ ~' *~ C/~ U " ~ ~ N ,~ ~ O ~ s-. N ~.. ~ ~ N ~ a3 te a -' ~ ~ ~ N O ybAj ~ O ~ ~ ~ ~,,., O N y '~ ~ ~ 3 3 ~ b ~ "~ °3 O o y a. ~ ~ ~ '~ N o ~ t~ p R O , O ~ N G 3 ,-~ ~ . N ~ «t Rt O .~ ~ o V ~„ A ~ O ai ~ ~ ~ N ~ O ~a.o~o°~' ~5 .~ ~ ~ ~ 0 3 a°~°o~o o A:? ~ ~, ~ a~ ~ 3 ~ ~ ~~~~~~~ ~a ~ ~ ~ ~ ~ ~ ~ .~ v,~~o~> °' ~o ~ :b ~~, 3 _ 3 :fl .~ Q e n U ~ ~ E ~; h ~ ^~ ~ ~ a ri