HomeMy WebLinkAbout2010-1122 PECPLANNING AND ENVIRONMENTAL COMMISSION
November 22, 2010
1:OOpm
TOWN OVAIL'�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. CineBistro — 141 East Meadow Drive
45 minutes
1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed
Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and
menu box signs for theaters, and setting forth details in regard thereto. (PEC100049)
Applicant: CineBistro, represented by David Kelley, Rodney L. Sartain Architects
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
5 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to January 10, 2011
MOTION: SECOND: VOTE:
3. Approval of November 8, 2010 minutes
MOTION: SECOND: VOTE:
4. Information Update
5. 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 November 19, 2010, in the Vail Daily.
Page 1
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 22, 2010
SUBJECT: A request for a recommendation to the Vail Town Council on prescribed
regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow
for digital format entertainment signs and menu box signs for theaters, and
setting forth details in regard thereto. (PEC100049)
Applicant: CineBistro, represented by Rodney L. Sartain Architects
Planner: Bill Gibson
SUMMARY
The applicant CineBistro, represented by Rodney L. Sartain Architects, is requesting a
recommendation to the Vail Town Council for prescribed regulations amendments to
Title 11, Sign Regulations, Vail Town Code, to allow for digital format entertainment
signs for movie theaters and digital format menu box signs for movie theater restaurants.
As this is a policy decision on whether to permit electronic signs.
Staff recommends the Planning and Environmental Commission and the Town Council
make the following policy decisions in reviewing this application:
• Are signs with digital messaging compatible and complimentary to the "Vail"
brand and the desired character of Vail's neighborhoods?
• Do signs with digital messaging achieve the Town's development objectives of
being a resort and residential community of the highest quality?
• Are signs with digital messaging appropriate for use as movie theater
entertainment signs (i.e. coming attraction /now showing posters)?
• Are signs with digital messaging appropriate for use as restaurant menu boxes?
• Are there restrictions or limitation that must be applied to signs with digital
messaging to achieve the Town's development objectives?
II. DESCRIPTION OF REQUEST
CineBistro is a movie theater and restaurant located in the Solaris building at 141 East
Meadow Drive. While CineBistro is the catalyst for this application, the proposed sign
regulation amendments will affect all existing and future movie theaters and movie
theater restaurants. The applicant is proposing to amend the Town's sign regulations to
address the following:
• Allow digital messaging on movie theater posters (i.e. "entertainment signs ")
• Allow digital messaging on movie theater restaurant menu boxes
The applicant contends that "CineBistro is unique within the rest of Vail: the Movie
Theater is different from a typical restaurant or retail space, in that it is an attraction and
community amenity which would be atypical of most development projects. CineBistro is
clearly a public amenity of Vail. "
The applicant states `...there is no additional allowance for the new digital poster
technology that is essential to the customer experiencing the complete digital cinema
experience." Additionally, `This amendment allows for movie theaters to have the latest
high definition movie posters and provides the Town of Vail with a state of the art
entertainment venue. "
The applicant identifies that CineBistro includes a full service restaurant which is allowed
a menu box sign pursuant to the Town's existing sign regulations. The applicant is
proposing that theater restaurant menu boxes also be digital since "the digital menu box
allows all the exterior CineBistro signage to have the same look for a unified design and
presentation." A copy of the applicant's request has been attached for review
(Attachment A).
The applicant's proposed regulation amendments are as follows (text to be deleted is in
t igI text that is to be added is bold, and sections of text that are not amended
have been omitted):
11 -7 -8: ENTERTAINMENT SIGNS:
r "o °f °Y° and Movie /media rental business will be allowed three (3) poster
images in the front window at any one time. Theatre business will be allowed
three (3) poster images in the front window at any one time. Theater poster
images in digital format with embedded movie trailers and matching digital
menu box are allowed for theaters only. The allowable area of a business
sign for a theater shall be fifteen (15) square feet and the design shall be
subject to design review.
III. BACKGROUND
The Town of Vail's sign regulations were adopted for the following purpose:
"These regulations are enacted for the purpose of promoting the health, safety,
morals, and general welfare of the town of Vail and to promote the coordinated
and harmonious design and placement of signs in the town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality."
The Town of Vail's current policies prohibit digital messaging on signs through the
following provisions of the adopted sign regulations:
11 -9 -2: Prohibited Signs, Vail Town Code (in part)
'A. Animated signs that incorporate the use of movement (aside from natural
wind induced movement) through revolving, rotating, or otherwise moving parts;
B. Signs with the illusion of movement;
C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate,
blink, flicker, or vary in intensity and /or color
D. Signs that incorporate projected images, emit any sound which is intended to
attract attention, or involve the use of live animals. "
There are four exceptions to these prohibitions: government signs, public parking on
private property signs, ski base area signs, and advertisement located further than three
feet inside a store front window.
The Town of Vail utilizes digital messaging on signs signs at the interstate highway exit
ramps, along the frontage road, at the public parking structures, etc. for traffic control
and other governmental purposes.
On May 18, 2010 the Town of Vail adopted Ordinance No. 10, Series of 2010, to allow
signage for public parking on private property uses. This ordinance formalized the
allowance of digital messaging on signs at the Front Door loading dock, Arrabelle
loading dock, and Solaris public parking structures.
When adopting this ordinance, the Town of Vail determined that bowling alleys and
movie theaters are unique land uses that should be allowed different signage than other
businesses. This ordinance allows bowling alleys and movie theaters to install business
identification signs up to 15 sq.ft. in area, rather than the standard 6 sq.ft maximum.
On November 2, 2010 the Town of Vail adopted Ordinance No. 16, Series of 2010,
amended the sign regulations to allow digital messaging on signs in the Golden Peak,
Vail Village, Lionshead, and Cascade Village ski base areas, subject to approval of a
seasonal sign program. Ordinance No. 16 defines any sign using a digital message or
format as an "electronic sign" as follows:
Sign, Electronic: A sign utilizing video screens, variable message, digital display and
similar features. Illumination sources may include, but are not limited to LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve,
and alternate periodically.
The Town's sign regulations define a window sign as "a sign installed upon or within
three feet (3) of a window... ", so signs installed more than three feet inside a storefront
window are not regulated by the Town Code. There are examples in Vail Village,
Lionshead, and West Vail of businesses displaying advertisement with unregulated signs
installed more than three feet inside their storefront windows.
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 11: SIGN REGULATIONS (in part)
11 -1 -2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner that
will conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town of
Vail.
2. To encourage the establishment of well designed, creative signs that enhance the
unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11 -2: DEFINITIONS: (in part)
MENU BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side for the express purpose of displaying menus; allowed at
eating and drinking establishments only.
DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side, for the express purpose of displaying real estate listings
and current movie listing; allowed at real estate businesses and movie theaters only.
SIGN, ELECTRONIC: A sign utilizing video screens, variable message, digital display
and similar features. Illumination sources may include, but are not limited to LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and
alternate periodically.
SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media
format, including, but not limited to, movies, television shows and audio CDs or records.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the sign regulations; and
The Town's sign regulations currently allow unique signage opportunities for unique land
uses. For example, bowling alleys and movie theaters are allowed larger business
identification signs than other land uses. In addition to a standard business identification
signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ".
Similarly, real estate offices and movie theaters are allowed to erect "display box signs ".
Movie theaters and movie /media rental businesses are also allowed to erect
"entertainment signs ". And recently, " electronic signs" and "portable signs" have been
allowed to be installed in the Golden Peak, Vail Village, Lionshead, and Cascade ski
base areas.
4
Staff believes the applicant's proposal to allow movies theaters to utilize digital format
entertainment signs is consistent with the following purposes of the Town's Sign
Regulations:
"2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided
by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community. "
In 2003 the Town of Vail amended the sign regulations in an effort to streamline the
development review process and to create equity between businesses. Staff believes
allowing a restaurant in a movie theater to utilize digital messaging on menu box sign,
while prohibiting such menu box signs for restaurants in other locations, would be
inconsistent with the following purpose of the sign code:
"I. To describe and enable the fair and consistent enforcement of signs in the
Town of Vail."
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
Every sign installed within the Town of Vail is subject to design review. The Town's sign
design guidelines `exist to provide direction for signs within the Town of Vail that
enhance local streetscapes and provide aesthetic consistency with both the built and
natural environment. "
Pursuant to Section 11 -5 -2, Design Guidelines, Vail Town Code, any signs erected in
Vail should `'be consistent with the scale and architecture already present in town" and
"be aesthetically harmonious with the mountain setting and the alpine village
atmosphere of the town." Additionally, signs should also be "compatible with the
placement of surrounding signs." In reviewing this proposed regulation amendment, the
Planning and Environmental Commission and the Town Council should consider if
allowing digital messaging on signs at movie theaters is harmonious with the town's
character and furthers the Town's development objective of being a resort and
residential community of the highest quality.
The Town's sign design guidelines recommend the use of natural materials (wood,
stone, metal, etc.) instead of plastics or synthetic materials and the use of natural colors;
the guidelines also recommend the use of creative graphics and lettering. In reviewing
this proposed regulation amendment, the Planning and Environmental Commission and
the Town Council should consider if allowing digital messaging on signs at movie
theaters is consistent with the intent of these guidelines.
The Town's sign design guidelines recommend the use of inconspicuous sign lighting.
Pursuant to Section 11 -5 -2, Design Guidelines, Vail Town Code, `Lighting should be
integrated into the overall design of the sign, both in color and placement, and should be
of no greater illumination than is necessary to make the sign visible at night. Recessed
and indirect light sources are encouraged." In reviewing this proposed regulation
amendment, the Planning and Environmental Commission and the Town Council should
consider if allowing digital messaging on signs at movie theaters is consistent with the
intent of these guidelines.
While the provisions of Section 14 -10 -7, Outdoor Lighting, Vail Town Code, do not apply
to signs; these provisions do apply to all other outdoor lighting in the community. The
purpose of these outdoor lighting regulations is as follows:
"This section establishes standards and guidelines for minimizing the unintended
and undesirable side effects of outdoor lighting while encouraging the intended
and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose
of these standards and guidelines to allow the minimum amount of lighting
needed for the property on which the light sources are located, while protecting
the legitimate privacy of neighboring properties. The standards and guidelines
established in this section are also intended to promote the use of
environmentally sensitive and energy efficient lighting technologies, and to
promote `dark sky' lighting fixtures and installation techniques to reduce light
pollution. "
While Section 14 -10 -7, Outdoor Lighting, Vail Town Code, does not apply to signs; this
code section does articulate the Town's development objectives of ensuring safe and
functional outdoor lighting while also ensuring that outdoor lighting is aesthetically
pleasing and at minimum levels for the purpose of protecting neighbor privacy and
reducing light pollution. In reviewing this proposed regulation amendment, the Planning
and Environmental Commission and the Town Council should consider if allowing digital
messaging on signs at movie theaters is consistent with the Town's general
development objectives related to lighting.
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 use of digital format signs is not only the trend in the movie theater industry, but in
the sign industry as a whole.
Many communities are currently deliberating how to appropriately regulate digital
technology as it relates to signs. In addition to traditional signage standards such as
size, number, and location; communities are now evaluating how to appropriately
regulate the operational modes of digital signs (e.g. brightness and glare; hours of
operation; sizes and colors of text /graphics; static versus changing messages; rates of
message change; display effects such as scrolling, flashing, spinning, zooming,
dissolving, fading, etc.; display of animation and video; sound; etc.). The Planning and
Environmental Commission and the Town Council should consider if specific restrictions
or limitations are necessary to ensure that signs with digital messaging are installed in a
manner that achieves the Town's development objectives.
6
Should the Planning and Environmental Commission and Town Council choose to
approve the applicant's proposed amendments, Staff recommends the Commission and
Council consider applying limitations to the brightness of digital messaging and the rate
of message change displayed by those signs.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives, and
Every sign within the Town of Vail is subject to design review by the Community
Development Department and the Design Review Board. A primary purpose of this
review is to ensure signs are in keeping with the Town's development objectives through
the application of the sign design guidelines and the sign design standards prescribed by
the Town Code.
Many communities are currently deliberating how to appropriately regulate digital
technology as it relates to signs. To ensure the appropriateness of digital signs, other
communities have established prescriptive standards not only limiting sign size; but also
restricting the location and orientation of signs to certain zone districts, distances to
certain land uses such as schools and residences, relationship to street intersections or
scenic corridors, etc. Many communities also consider the impacts to neighboring uses
when regulating the operational modes of digital signs.
While every sign in Vail is subject to design review, the Planning and Environmental
Commission and Town Council may choose to amend the Town's sign design guidelines
and /or standards to more specifically regulate the use of electronic signs within the town.
For example, the Commission and Council may choose to impose limitations on the
operational modes of digital signs (e.g. brightness and glare; hours of operation; sizes
and colors of text /graphics; static versus changing messages; rates of message change;
display effects such as scrolling, flashing, spinning, zooming, dissolving, fading, etc.;
display of animation and video; sound; etc.).
5. Such other factors and criteria the Commission and /or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, of this request to the Vail Town
Council; the Community Development Department recommends the Commission pass
the following motion:
""The Planning and Environmental Commission forwards a recommendation of
approval, with modifications, to the Vail Town Council on prescribed regulation
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section
11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital
format entertainment signs and menu box signs for theaters, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
7
proposed text amendment, the Community Development Department recommends the
Commission recommends the following modifications (text to be deleted is in
stFikethFe igI text that is to be added is bold, and sections of text that are not amended
have been omitted):
1. Section 11 -7 -8, Entertainment Signs, Vail Town Code, should be amended as
follows:
11 -7 -8: ENTERTAINMENT SIGNS:
Theaters and movie /media rental business will be allowed three (3) poster
images in the front window at any one time. Entertainment signs may
be electronic signs. When used as entertainment signs, electronic
signs shall only display a static image. When used as entertainment
signs, the illumination levels of an electronic sign must adjust to the
ambient light conditions and be no brighter than is necessary for
clear and adequate visibility.
2. Section 11 -9 -2, Prohibited Signs, Vail Town Code, (in part) should be
amended as follows:
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the
following signs are prohibited within the Town of Vail:"
Staff does not believe there is a distinction between a restaurant in a movie theater and
a restaurant in any other location within Vail. Since there is no distinction between
restaurants, Staff does not recommend amending the Town Code to allow digital format
menu box signs for movie theater restaurants. Staff believes doing so would be
inconsistent with the purpose of the sign code "To describe and enable the fair and
consistent enforcement of signs in the Town of Vail. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed text amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section V of Staff's November
22, 2010 memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
VII. ATTACHMENTS
A. Applicant's Request
B. Electronic Sign Example
Cine"Bistro
Solaris
Vail., Colorado
07 -822
Submittal to the Town of Vail
for a Sign Regulations Text Amendment
Rodney L. Sartain, Architect
1909 Courtney Drive
Birmingham, AL 35209
Office: (205) 879 -5458 Fax: (205) 879 -5460
Cobb Cin6bistro Solaris
Vail, Colorado
Page 2 of 6
I. Introduction to the Sign Code Amendment
In 2003, the Town of Vail undertook a major re-write of Chapter 11: Sign Regulations. This re-
write was highly successful and generally greatly simplified the regulations pertaining to signage.
However, as is typical with any new or modified regulations, there is a need to revisit some issues
that were either not considered at the time of adoption, or conditions have changed which would
make additional tweaking necessary. Based on input from the Town Staff, the Solaris project,
represented by Rodney L. Sartain, Architects, is submitting a text amendment to the Chapter 11:
Sign Regulations, to meet the unique needs of Cin6Bistro. These amendments can be characterized
by the unique needs of a movie theatre.
A. Movie Theater
In general, commercial uses are treated equally in the Sign Regulations. However, there are certain
uses that, due to their unique characteristics, are deserving of special consideration for signage.
Cin6Bistro is unique within the rest of Vail: the Movie Theater is different from a typical restaurant
or retail space, in that it is an attraction and community amenity which would be atypical of most
development projects. Cin6Bistro is clearly identified as public amenity of Vail.
Currently, the Sign Regulations provides a defmition for "Entertainment Signs" as follows:
SIGN, ENTERTAINMENT: A sign that serves to advertise a visual or audio media format,
including, but not limited to, movies, television shows and audio CDs or records.
Then Section 11 -7 -8: Entertainment Signs, provides additional allowable signage for movie
posters, stating the following with regard to signage for movie theaters:
11 -7 -8: ENTERTAINMENT SIGNS.
Theaters and movie /media rental business will be allowed three (3) poster images in the
front window at any one time. The allowable area of a business sign for a theater shall be
fifteen (1 S) square feet and the design shall be subject to design review.
However, there is no additional allowance for the new digital poster technology that is essential to
the customer experiencing the complete digital cinema experience.
Section 11 -7 -8 is proposed to be amended as follows (text to be added is show in bold italic):
11 -7 -8: ENTERTAINMENT SIGNS.
Media rental business will be allowed three (3) poster images in the front window at any
one time. Theatre business will be allowed three (3) poster images in the front window at
any one time. Theater poster images in digital format with embedded movie trailers and
matching digital menu box are allowed for theaters only. The allowable area of a business
sign for a theater shall be fifteen (1 S) square feet and the design shall be subject to design
review.
This amendment allows for movie theaters to have the latest high definition digital movie posters
and provides the Town of Vail with a state of the art entertainment venue. The fact that the
Cine'Bistro is also a full service restaurant necessitates a menu box as allowed by Section 11 -6 -3:
2
Cobb Cin6bistro Solaris
Vail, Colorado
Page 3 of 6
BUSINESS SIGNS; the digital menu box allows all the exterior Cine'Bistro signage to have the
same look for a unified design and presentation.
II. Review Criteria for Text Amendment
The Town of Vail Zoning Regulations provide the criteria for review of a text amendment to the
sign code. For the purposes of this application, each criterion will be addressed below:
1. The extent to which the text amendment furthers the general and specific purposes of
the zoning regulations; and
Our Analysis:
The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general
purpose of the regulations as follows:
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.
Section 12 -1 -2 also provides the specific purposes of the regulations as follows:
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, recreating opportunities, and other amenities
and facilities conducive to desired living quarters.
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Cobb Cinebistro Solaris
Vail, Colorado
Page 4 of 6
11. To otherwise provide for the growth of an orderly and viable community.
The text amendment to the Sign Regulations furthers the purposes of the zoning regulations
by furthering the qualities important to the community, such as protecting economic values,
enhancing the appearance of Vail, and providing for the growth of an orderly and viable
community. Specifically, this text amendment will enhance the Town's established
character of a resort and residential community of high quality.
In addition to the purpose statements of the Zoning Regulations, Title 11 -1 -2, Sign
Regulations, also provides the purpose statements of the Sign Regulations.
11 -1 -2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promotion
the health, safety, morals, and general welfare of the town of Vail and to
promote the coordinated and harmonious design and placement of signs in the
town in a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of the highest
quality.
B. Specific Purpose: These regulations are intended to achieve the following
specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the
town of Vail.
2. To encourage the establishment of well designed, creative signs that
enhance the unique character of Vail 's village atmosphere.
3. To preserve a successful and high quality business environment that is
aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
The proposed text amendment also furthers the purpose statements of the Vail Sign
Regulations. Each of the purpose statements is clearly enhanced by the proposed statement.
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
Our Analysis:
There are no adopted goals, objectives, or policies that directly relate to signage. However,
the following goals from the Vail Village Master Plan are applicable:
4
Cobb Cin6bistro Solaris
Vail, Colorado
Page 5 of 6
GOAL #I ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE
PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN
ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY.
Objective 1.2. Encourage the upgrading and redevelopment of residential and
commercial facilities.
Objective 1.3: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the
town.
Policy 1.3.1: Public improvements shall be developed with the
participation of the private sector working within the Town.
Objective 1.4: Recognize the "historic" importance of the architecture,
structures, landmarks, plazas and features in preserving the character of Vail
Village.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND
FOR THE COA04WITYASA WHOLE.
Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center
of activities for our guests, visitors, and residents.
Objective 2.4. Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with established
horizontal zoning regulations shall be encourage to provide activity
generators, accessible greenspaces, public plazas, and streetscape
improvements to the pedestrian network throughout the Village.
Policy 2.4.2: Activity that provides night life and evening entertainment for
both the guest and the community shall be encouraged.
Objective 2.5. Encourage the continued upgrading, renovation, and
maintenance of existing lodging and commercial facilities to better serve the
needs of our guests.
Policy 2.5.1: Recreating amenities, common areas, meeting facilities and
other amenities shall be preserved and enhanced as a part of arty
redevelopment of lodging properties.
Objective 2.7.• Encourage the development of multi -use special events venues
and in ft, publicly restrooms, power and utilites, etc.) within Vail
Village in cooperation with the private sector.
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Cobb Cin6bistro Solaris
Vail, Colorado
Page 6 of 6
Policy 2.7.1: The development ofnew special event venues and
improvements to existing venues shall be strongly encouraged to reinforce
the important role that special events play in the promoting a year -round
economy in Vail Village.
As the above goals, objectives, and policies indicate, the Town recognizes the importance
of successful commercial uses in Vail Village and has structures its policies and regulations
to reflect this. One policy from the list above which is particularly noteworthy is Policy
2.4.2, which states:
Activity that provides night life and evening entertainment for both the guest and
community shall be encouraged
The movie theater clearly falls under this policy, and due to the fact that it is both an
attraction and a community amenity, indicates that special sign allowances should be
considered for these uses.
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
Our Analysis:
Due to the unique and evolving nature of digital movie theaters, digital movie posters with
embedded movie trailers and menu box are necessary to present current movie products in
the most entertaining medium. This digital presentation is part of the complete Cine'Bistro
experience, Cobb Theatres' extraordinary premium movie and dinning experience captured
in one unique entertainment venue.
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PLANNING AND ENVIRONMENTAL COMMISSION
November 8, 2010
1:OOpm
TOWN OVAIL'�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road W. - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin Henry Pratt
Michael Kurz Tyler Schneidman
Bill Pierce
John Rediker
David Viele
60 minutes
A request for the review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional
Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new
structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related
facilities, located at 395 South Frontage Road West /Lot 1, Block 2, Vail Lionshead First Filing,
Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead
Circle rights -of -way, and setting forth details in regard thereto. (PEC100042)
Applicant: Town of Vail, represented by Tom Braun
Planner: Warren Campbell
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Rediker VOTE: 5 -0 -0
CONDITION(S)
1. This conditional use permit approval is contingent upon the applicant obtaining Town
of Vail approval of the associated design review new construction application.
2. The applicant shall provide for the replacement of the parking spaces to be eliminated
as a result of this application either in a project to occur on the charter bus lot or through
another Lionshead Redevelopment Master Plan and Code compliant means prior to the
issuance of a certificate of occupancy for the project.
3. Prior to the start of construction, the applicant must obtain a Town of Vail Public Way
permit and comply with the Public Works General Conditions for construction.
Warren Campbell made a presentation per the staff memorandum.
Lou Bieker, 4240 Architects, representing the applicant presented the application and
summarized the changes made in response to the Commission's previous work session hearing.
Tom Kassmel, Town of Vail Public Works Department, described the anticipated construction
schedule.
Commissioner Kurz had concerns about the architectural style, but believed the building bulk
and mass has the landmark quality needed for this location and the project improves public
safety.
Commissioner Rediker agreed with Kurz's comments that the bulk and mass meets the criteria
of the Master Plan. He asked if the roll down gates would be seen from the exterior.
Tom Kassmel clarified that the roll down gates would only be for interior spaces of the building.
Page 1
Commissioner Cartin recommended preserving existing trees on the eastern side of the structure
and adding more where possible. These trees will help to soften the eastern fagade.
Tom Kassmel agreed with Cartin's comments and noted that Public Works intends to transplant
the existing trees and planting new trees.
Commissioner Cartin asked about snow shed from the building roof.
Lou Bieker described the snow management systems for the roof, which included double rows of
snow guard fencing and heated panels between the gutters on the facia and the first row of snow
guard fencing.
Commissioner Cartin noted that while it was not in the Commission's purview, that an
information booth on the South Frontage Road is important for lost guests and traffic flow. He
further commented that any pan to provide expanded surface parking on the charter bus lot
needs to include a plan for the parking of large vehicles, RVs, and buses.
Commissioner Viele agreed that the bulk and mass was appropriate and complied with the
Master Plan, but agreed with his fellow Commissioners that more work is needed with the
materials and architectural details at the Design Review Board level of review.
Commissioner Pierce agreed that more discussion about the architectural style was needed with
the Design Review Board. He noted concern that the architectural may be popular today, but it
may not be a timeless architectural style. He felt the proposed structure complied with the
elements of the conditional use permit and the Lionshead Redevelopment Master Plan.
20 minutes
2. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivisions, Vail Town
Code, to allow for the re- subdivision of a part of Lots A, B, and C, into a single lot, located at 1
Vail Road /part of Lots A, B, and C, Amended Map of Vail Village Second Filing (Four Seasons),
and setting forth details in regard thereto. (PEC100048)
Applicant: Vail Development 09, LLC, represented by Lori Rung
Planner: Warren Campbell
ACTION: Approved
MOTION: Viele SECOND: Kurz VOTE: 5 -0 -0
Warren Campbell made a presentation per the staff memorandum. It was explained that this
request was to create a single lot out of four individual parts of Lots A, B, and C, and the
establishment of the air rights and envelopes to allow for subsequent condominium plats to be
created and recorded which was the final entitlement step for the Four Seasons project.
TJ Brink and Michael Clowdus, represented the applicant, stated that they were available for
questions.
Commissioner Pierce inquired as to the review of the plat by staff.
Warren Campbell stated that staff's role was to review the plat as to form, including the title,
notes, certificates, and easements. Staff did not perform a check of all polygons to insure they
closed as the surveyors and their teams perform that review. Furthermore, the applicant's legal
council performs highly detailed reviews.
The Commission expressed their belief that the proposed plat complied with the subdivision
requirements.
Page 2
5 minutes
3. A report to the Planning and Environmental Commission on the administrator's approval of an
amendment to an existing conditional use permit, pursuant to 12- 16 -10, Amendment
Procedures, Vail Town Code, to lower the approved building height of a new public building and
grounds (new fire station #3) by reducing a roof pitch from 5'/2:12 to 5:12, located at 2399 North
Frontage Road West /Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and 2310 Chamonix
Road /Parcel B, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard
thereto. (PEC100047)
Applicant: Town of Vail, represented by Mark Miller
Planner: Bill Gibson
ACTION: No action
Bill Gibson described the change that was administratively approved.
The Commission expressed their support for the change and took no action thus upholding
staff's administrative approval.
5 minutes
4. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West right -of- way /Unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Cartin VOTE: 5 -0 -0
5 minutes
5. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right -of -way
which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right -of -way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Cartin VOTE: 5 -0 -0
5 minutes
6. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code,
pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within
"Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031
(Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy
Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon
Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description
is available for inspection at the Town of Vail Community Development Department), and setting
forth details in regard thereto. (PEC090035)
Page 3
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Cartin VOTE: 5 -0 -0
5 minutes
7. A request for a final recommendation to the Vail Town Council for a proposed major amendment
to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special
Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial
Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the
properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West/Lot
54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Cartin VOTE: 5 -0 -0
5 minutes
8. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to,
multiple - family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West rig ht -of- way /Unplatted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to January 10, 2011
MOTION: Viele SECOND: Cartin VOTE: 5 -0 -0
5 minutes
9. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11,
Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the
required landscape plan and geologic hazard mitigation plan for the redevelopment of the
easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of
a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design
Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code,
to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking
structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing
1,and setting forth details in regard thereto. (PEC100018 /PEC100019)
Applicant: Vail Timber Ridge L.L.C.
Planner: George Ruther
ACTION: Table to December 13, 2010
MOTION: Viele SECOND: Kurz VOTE: 5 -0 -0
10. Approval of October 11, 2010 minutes
MOTION: Viele SECOND: Rediker VOTE: 5 -0 -0
11. Information Update
• Winter ski benefits for Commissioners
• Update on Town Council action regarding the roof material emergency ordinance, the
development site interpretation (Mery Lapin), and the golf course lightning shelter appeal.
Page 4
12. 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 November 5, 2010, in the Vail Daily.
Page 5
Ad Name: 5840797A
PLANNING AND ENVIRONMENTAL
}SS.
COMMISSON
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Novem 2010
Amendment, Vail Town Code, to allow for digital
Your account number is: 1023233
TON /PUBLC C WELCOME ERS
75 S. Frontage Road - Vail, Colorado, 81657
PROOF OF PUBLICATION
MEMBERS PRESENT MEMBERS ABSENT
representative ofthe Vail Daily. Thatthe same Daily newspaper
Site Visits:
printed, in whole or in part and published in the County
1.CineBistro - 141 East Meadow Drive
STATE OF COLORADO }
45 minutes
}SS.
1.A request for a recommendation to the Vail Town
Council on prescribed regulation amendments to
COUNTY OF EAGLE }
Title 11Section Regulations, Vail Town Code, pursu-
ant to 11 -3 -3, Prescribed Regulations
Amendment, Vail Town Code, to allow for digital
format entertainment signs and menu box signs for
theaters, and setting forth details in regard thereto.
I, Don Rogers, do solemn) swear that I am a q ualified
g y q
(PEC100049)
Applicant: CirieBistro, represented by David Kelley,
representative ofthe Vail Daily. Thatthe same Daily newspaper
Rodney L. Sartain Architects
Planner: Bill Gibson
printed, in whole or in part and published in the County
MOT
of Eagle, State of Colorado, and has a general circulation
5 minutes
2.A request for a final recommendation to the Vail
Town Council for prescribed regulations amend -
therein; that said newspaper has been published continuous)
h y
ments to Title 12, Zoning Regulations and Title 14,
and uninterrup in said Coun of Eagle fora p eriod of
h �' `J' g h
Development Standards, Vail Town Code, pursu-
ant to Section 12-3 -7, Amendment, Vail Town
code, to provide regulations that will implement
more than fifty -two consecutive weeks next prior to the first
sustainable building and planning standards, and
setting forth details in regard thereto.
publication of the annexed legal notice or advertisement and
(PEC090028)
Applicant: Town of Vail
that said newspaper has published the requested legal notice
Planner: Rachel Friede
ACTION: Table to January 10, 2011
and advertisement as requested.
MOTION: SECOND: VOTE:
3.Approval of November 8, 2010 minutes
MOTION: SECOND: VOTE:
The Vail Daily is an accepted legal advertising medium,
4.Information Update
only for jurisdictions operating under Colorado's Home
MOTION SECOND: VOTE:
Rule provision
The applications and information about the propos-
als are available for public inspection during regular
office hours at the Town of Vail Community Devel-
opment Department, 75 South Frontage Road.
That the annexed leg al notice or advertisement was
g
The public is invited it attend the project public
lion and the site visits that precede the public
published in the regular and entire issue of every
hearing in the Town of Vail Community Develop -
ment Department. Please call (970) 479 -2138 for
number of said daily newspaper for the period of 1
additional information.
consecutive insertions; and that the first publication of said
Sign language interpretation is available upon re-
quest with 24 -hour notification. Please call (970)
479 -2356, Telephone for the Hearing Impaired, for
notice was in the issue of said newspaper dated 11/19/2010 and
information.
that the last ublication of said notice was dated 11/19/2010 in
h
Community Development Department
Published November 19, 2010, in the Vail Daily.
the issue of said newspaper.
(5840797)
In witness whereof, I have here unto set my hand this day,
11/30/2010
General Manager /Publisher /Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 11/30/2010
r
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2011
PA1►AEIA J SCMXTZ
Notary Pub k
State of Colorado