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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. 3 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. 5 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. n U) C� D r m rn C O <O 3 m �- - o r O c - _ r 0 r V / � O V On >3 mn rn z 0 n �v �o O n C7� =Om D D33�n rn z 0 -i 6 V On >3 mn mz z 0 n °M �o aJ > Q n C7� =Om D D33�n C7D!?rnQ Oz z rn#p mo < z m m Z > > U1 D z ,3 c� s I I r rn� .< ,- rn0 ti �+ 4 CD 0 -i 6 V On >3 mn mz 0 a < °M �o �< mo z lr m m cn U) 00 morn 3 �� = (n m � m>) �� r m r m T X m m m m n m m z m_ cn D D Z � O (7 D T K m O C Z = D r Q i= y � : � � ,� i �� � � � i� � r - I �� �'- - � } t � 1 ' r ., ��Ml�' _444 � . h � I I 1 � � a �. �, -� s 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