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HomeMy WebLinkAbout2010-1213 PECPLANNING AND ENVIRONMENTAL COMMISSION December 13, 2010 1:OOPM TOWN OVAIL'� TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Holiday Lunch 12:30 Site Visits: 1. Ritz - Carlton Residences, 728 West Lionshead Circle 45 minutes 1. A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle /Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC100051, PEC100053) Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 5 minutes 2. A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. (PEC100050) Applicant: Town of Vail Planner: George Ruther /Rachel Dimond ACTION: Table to January 10, 2011 MOTION: SECOND: VOTE: 5 minutes 3. 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 January 24, 2011 MOTION: SECOND: VOTE: Page 1 4. Approval of November 22, 2010 minutes MOTION: SECOND: VOTE: 5. Information Update 6. 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 December 10, 2010, in the Vail Daily. Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2010 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle /Lot 2, West Day Subdivision, and setting forth details in regard thereto. (PEC100051 and PEC100053) Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant RCR Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval, with modifications of the applicant's proposed prescribed regulations amendment pursuant to Section V of the staff memorandum. If policy amendments are recommended to Council that will permit beauty and barber shops to be located within Lionshead Mixed Use 1 when not located on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan staff is recommending approval, with a condition of a conditional use permit located at 728 West Lionshead Circle pursuant to Section VI of the staff memorandum. II. DESCRIPTION OF REQUEST A beauty shop would like to locate their business in the commercial space located in the northeast corner of the Ritz - Carlton structure. The proposed beauty shop is proposed to occupy a space of approximately 786 square feet with approximately 500 square feet devoted to greeting guest, waiting area, and retail. While the current application is the is the catalyst for this application, the proposed amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area need to be reviewed with regard to their impact within the whole of Vail. The applicant is proposing to amend Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, and is requesting a subsequent conditional use permit to allow for a beauty shop with exterior frontage on a public way, street, walkway, or mall area. The applicant is proposing to remove the single Use Specific Criteria and Standard which is applied to beauty and barber shops in addition to the standard conditional use permit review criteria. The applicant is suggesting that with beauty and barber shops being identified as a conditional use within certain zone districts and as a permitted use in other zone districts within the Town's regulations that the standard conditional use permit criteria are more than adequate to provide the ability for the Town's reviewing authorities to select appropriate locations for this land use. The applicant's proposed regulation amendments are as follows (text to be deleted is in strikethre gl text that is to be added is bold, and sections of text that are not amended have been omitted): Chapter 12 -16: Conditional Uses 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: A copy of the applicant's proposed text amendment and conditional use permit requests have been attached for review (Attachments A and B). Staff would recommend that the proposed regulations be amended to maintain the intent of the adopted language, but provide for greater focus on the portions of the village cores that the existing regulation was believed to be addressing when adopted. Staff recommends the prescribed regulation be amended as follows: 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no 4ve exterior frontage on any public way, street, walkway, or mall area. is Per ted. Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have not exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. Additionally staff would recommend deletion of the definition for barber shop within Chapter 12 -2 -2, Definitions of Words and Terms, Vail Town Code as there is a definition for beauty and barber shops which identify the text used throughout the Zoning Code to identify this land use. Having a separate definition for a barber shop solely has caused confusion and is redundant. Chapter 12 -2 -2: Definitions of Words and Terms (in part) BACKGROUND On February 19, 1981, an application to amend the Commercial Core 1 Zone District to allow beauty and barber shops as a conditional use on the first floor or street level was reviewed by the Planning and Environmental Commission. The application was the result of a commercial property owner desiring to locate a beauty salon on the first floor of a structure on Bridge Street. The regulations identified beauty and barber shops on any floor of a structure with the exception of the first floor or street level. The staff memorandum identified that the restriction of beauty and barber shops to floors other than the first floor was the result of the intent to limit the first floor to retail, tourist oriented shops. Two questions were considered during this application's review. Those were: 1) Was a beauty shop an appropriate use on street level in the CC 1 Zone District? Should there be a reconsideration of this and other issues regarding horizontal zoning in both Cores? 2) Is there a difference in the impact and appropriateness of a use when one differentiates between direct street frontage space and off - street, interior space with no frontage? The Planning and Environmental Commission recommended approval of changes to the Commercial Core 1 Zone District to allow for beauty and barber shops on the first floor in situations were the commercial space did not have exterior frontage on a major pedestrian or vehicular way or public mall. The Town Council subsequently adopted Ordinance No. 18, Series of 1981, which allowed for beauty and barber shops as conditional uses on the first floor in Commercial Core 1 and 2 so long as they do not have any exterior frontage on any public way, street, walkway, alley or mall. On June 22, 1998, The Planning and Environmental Commission forwarded a recommendation on multiple Zoning Code amendments reorganizing the Conditional Use chapter. The result of this recommendation was the adoption of Ordinance No. 10, Series of 1998 which consolidated land use specific criteria for multiple listed conditional uses into a single section of the Code which is the existing Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code. IV. APPLICABLE DOCUMENTS Title 12, Zoning Regulations, Vail Town Code Chapter 12 -1: Title, Purpose, Applicability (in part) 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12 -1 -3: Applicability: The regulations prescribed by this title applicable to various districts and uses shall be 4 minimum regulations and shall apply uniformly to each class or kind of land, structure, or use. Except as provided elsewhere in this title, the use of any land, the size or shape or placement of lots, the construction or location of structures, the provision of yards and other open spaces, and the provision of off street parking and loading space shall be in compliance with all of the regulations specified in this title. Chapter 12 -2 -2: Definitions of Words and Terms (in part) BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. Chapter 12 -7H: Lionshead Mixed Use -1 (in part) 12 -7H -1: Purpose: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development /redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -7H -3: Permitted and Conditional Uses; First Floor or Street Level: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Multiple- family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. Chapter 12 -16: Conditional Uses Permits (in part) Section 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -5: Planning and Environmental Commission Action: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems 6 necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title. 12 -16 -7: Use Specific Criteria and Standards: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this chapter. A. Uses And Criteria: 2. Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Town of Vail Zoning Code regulations; and The Town's land use regulations in the Commercial Core 1, Commercial Core 2, Lionshead Mixed Use 1, and Lionshead Mixed Use 2 Zone Districts have incorporated horizontal zoning since there creation. The majority of the land area currently zoned Lionshead Mixed Use -1 was previously zoned Commercial Core 2. The primary purpose of establishing horizontal zoning was to ensure that street and economic vibrancy would occur at the pedestrian level. Staff believes the applicant's proposal to eliminate the use specific criterion for beauty and barber shops would be contrary to the intent of the regulation that was adopted in 1981 which staff believes is still valid today. In reviewing the history of this regulation the Planning and Environmental Commission and Town Council enacted this regulations to respect a long entrenched goal of keep the pedestrian street level active and vibrant thus resulting in energy and positive economic impacts. Staff believes the regulation, if modified as proposed by staff will support the following goals of the Town of Vail Zoning Code "5. To conserve and maintain established community qualities and economic values. 7 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. " Staff believes the prescribe regulations amendment as modified by staff retains the intent, goals, and objectives of the existing regulation and furthers the general and specific purposes of the Town of Vail Zoning Code horizontal land use regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As stated in the previous criterion the goals and objections of horizontal zoning regulations within the Town of Vail have been a mainstay since the adoption of the Town of Vail Zoning Code. Staff believes the 1981 public hearings which resulted in the adoption of Ordinance No. 18, Series of 1981 furthered this goal. Staff believes that over the years with the creation of the Lionshead Mixed Use zone districts which replaced Commercial Core II and the extension zoning of properties to Lionshead Mixed Use zoning that the intent behind the existing use specific criterion for beauty and barber shops was lost. Staff believes the intent was to restricted beauty and barber shops in the cores of the two villages not prohibit the use on peripheral properties. Staff has attached copies of the staff memorandum, Planning and Environmental Commission minutes, and Ordinance No. 18, Series of 1981 for review (Attachment C) Staff believes that the proposed prescribed regulations amend as modified by staff complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Since the adoption of Ordinance No, 18, Series of 1981 the Town has adopted the Lionshead Redevelopment Master Plan and the associated Lionshead Mixed Use 1 and Lionshead Mixed Use 2 which incorporated beauty and barber shops as a conditional use on the first floor or street level. The Lionshead Mixed use zone districts were then extensively implemented and encompass properties not within defined village cores. Staff believes the changes since 1981 demonstrate that conditions have changed and the existing regulations are no longer appropriate for an outlying property such as the Ritz - Carlton. Staff believes the proposed prescribed regulations amendments as modified by staff will comply with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and The intent of the existing regulations restricting beauty and barber shops on the first floor or street level was to result in a harmonious, convenient and workable relationship among the horizontal land use in the village cores. Staff believes that these goals are protected and furthered in the proposed prescribed regulations amendment as modified 8 by staff. Properties not located on a primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan have a much different relationships between adjacent properties and land uses than those properties in the village cores. Staff has attached a copy of Map P from the Lionshead Redevelopment Master Plan identifying those areas that are Primary and Secondary Pedestrian Malls (Attachment D). VI Staff believes the proposed prescribed regulations amendments as modified by staff will comply with this criterion. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following criteria. Staff's recommendation is based upon the assumption that the Planning and Environmental Commission have made a recommendation of approval to the Vail own Council and that those recommendations are adopted through ordinance by the Town Council. 1. Relationship and impact of the use on the development objectives of the Town. Should the Town Code be amended as modified, staff believes the operation of a beauty and barber shop will comply with the development objectives of the Town. The location of the proposed beauty and barber shop within the Ritz - Carlton is currently at the terminus of the pedestrian network of sidewalks leading to the Lionshead pedestrian mall and thus does not have the characteristics of the locations within the Lionshead core. It should be considered that the space proposed for occupancy by the beauty shop was located not only to comply with the Lionshead Mixed use 1 zone district, but with the thought in mind that the land are to the west would likely redevelop in the future. Currently the Town is reviewing proposals to construct a mixed use development called Ever Vail on the property to the west. Ever Vail has evolved from having in excess of 100,000 square feet of commercial making it a destination commercial village core to a proposal containing approximately 50,000 square feet of commercial largely to serve the hotel and condominium occupants in the development. The Commission may wish to place a time limitation on the proposed beauty shop land use in order to provide flexibility into the future with regard to the tenant space land use. Staff does not believe there will be any negative impact on the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. M Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. Those utilizing the beauty shop will either be walking to the location, staying at he Ritz - Carlton Residences, or arriving by vehicle which will be valeted upon entering the port cohere. The proposed tenant space was assessed the required parking for the proposed use during the review of the major exterior alteration for the project. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff does not believe there will be any negative effect on the parameters identified in the above criterion caused by the proposed beauty shop. The beauty shop is proposed to go into a fully constructed structure with no new impacts that were not already considered in the construction of the Ritz - Carlton Residences. STAFF RECOMMENDATION Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this request to the Vail Town Council; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council on prescribed regulation amendments to Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission recommends the following modifications (text to be deleted is in 6trikethre gI text that is to be added is bold, and sections of text that are not amended have been omitted): 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS: (in part) 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no Ale exterior frontage on any public way, street, walkway, or mall area. i° p9P#49 <. . Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have not exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. 10 Chapter 12 -2 -2: Definitions of Words and Terms (in part) Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's December 13, 2010 memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " The Community Development Department recommends the Planning and Environmental Commission approves, with a condition the request for a conditional use permit. This recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Circle /Lot 2, West Day Subdivision, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Community Development Department recommends the Commission applies the following condition: "I. This conditional use permit approval is contingent upon the adoption of the prescribed regulations amendments modifying the conditional use permit use 11 specific criteria for beauty and barber shops through the adoption of an ordinance by the Vail Town Council. " Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: `Based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated December 13, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed Use 1 zone district. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." VIII. ATTACHMENTS A. Applicant's request entitled Text Amendment dated November 17, 2010 B. Applicant's request entitled Conditional Use Permit dated November 15, 2010 C. Staff memorandum, Planning and Environmental Commission Minutes, and Ordinance No. 18, Series of 1981 D. Lionshead Redevelopment Master Pan Map P identifying the Primary and Secondary Pedestrian Malls 12 Text Amendment Chapter 12 -16 -7: Use Specific Criteria and Standards Beauty and Barber Shops Submitted: November 17 1 V U I ;k`1 Attachment A Introduction RCR Vail, LLC, herein referred to as "The Applicant" represented by Mauriello Planning Group is requesting a text amendment to modify the language of Chapter 12 -16 -7: Use Specific Criteria and Standard. Specifically, the language regarding "Beauty and Barber Shops" which states: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. Chapter 12 -2: Definitions of the Vail Town Code provides multiple definitions of a barbershop and one for a beauty shop as follows: BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. The use specific criteria that no beauty shop can have exterior frontage on any public way, street, walkway, or mall area, and yet is a conditional use on the first floor creates a challenging situation. This would clearly limit the ability to have an entrance at all. This specific provision of the code was originally adopted in 1981 by Ordinance No. 18, Series of 1981, and moved into the Use Specific Criteria in 1998. The provision was only applicable to the Commercial Core 1 district but as a consequence of it being move to chapter 16 was that it is not applicable in other districts. Additionally, the business model of a beauty shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to stations for cutting hair. Now, substantial area is devoted to sales of products, ranging from hair care products to clothing, and the line between beauty shop and retail store has blurred. As a result of this shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a beauty shop from any visible frontage. The use still requires a conditional use permit on the first floor, so the PEC still has the ability to evaluate the location and layout of the use if there are those concerns with an application. The proposed text amendment is to eliminate the use specific criteria associated with Beauty and Barber shops, as indicated below (text to be eliminated is indicted in `tFike `_hFeagh 2. Beauty and barber- sheps. Ne e.*ter-ier-#entage en any publie wa� street-, walkwa)o,� er- mail eFee is permi No other changes are proposed at this time. A Beauty and Barber Shop remains a Conditional Use in the following zone districts: • Commercial Core 1 • Commercial Core 2 • Lionshead Mixed Use 1 • Lionshead Mixed Use 2 A "Beauty and Barber Shop" is a permitted use in the following zone districts, and are not subject to the use specific requirements. • Commercial Core 3 • Commercial Service Center • Arterial Business District Text Amendment - Beauty and Barbershop 2 Criteria for Review The review criteria for a text amendment are provided in Section 12 -3 -7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis Chapter 12 -1 -2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. While not all of the purpose statements are applicable to this applicant, this text amendment furthers many of the above statements, specifically the following: 5. To conserve and maintain established community qualities and economic values. Text Amendment - Beauty and Barbershop 3 The proposed amendment encourages additional sales -tax revenue generating businesses to occur in locations where they are most desired - in the commercial areas of Town. These businesses provide much needed services to many vacationers, encouraging visitors to stay and spend money in Vail. In addition to visitors, these are services that have largely moved from Vail and many locals are forced to get their hair done and buy hair products outside of the Town. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. This amendment allows for the business community in Vail to create better synergy among land uses. Beauty shops keep people in Vail, and a hair cut is often followed by additional shopping or eating. This creates a harmonious, convenient, and workable relationship among land uses. 8. To safeguard and enhance the appearance of the town. Finally, the review of the conditional use permit allows the Planning and Environmental Commission to ensure that the appearance of the Town is enhanced by this activity, as it has ultimate review authority on a conditional use permit, and can set appropriate conditions on any proposed beauty shop. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: vaii vniage iviasier Tian: GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Vail Land Use Plan: 1. General Growth 1 Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Text Amendment - Beauty and Barbershop 4 2. Skier /Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.5. The community should improve non -skier recreational options to improve year -round tourism. 3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. LIUIIJIICdU RCUCVCIUPF11eIIL IVIdJLCI I'Idii. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a wanner, snore vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality. a purpose, and an improved aesthetic character. As each of these plans state, Vail should offer additional activities for guests and residents. This amendment furthers the stated goals of the Vail Comprehensive Plan. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: This specific provision of the code was originally adopted in1981, and moved into the Use Specific Criteria in 1998. In such time, the business model of a beauty shop has dramatically changed. In the past, the area of a beauty shop was almost entirely devoted to stations for cutting hair. Now, substantial area is devoted to sales of products, " ` ranging from hair care products � MM :ate v to clothing, and the line between ) beauty shop and retail store has ., blurred. As a result of this shift in the business of beauty shops, it is now time for an amendment to this criteria which prohibits a s beauty shop from any visible ' frontage. In addition to changing trends in ^ y� the business model of a beauty - shop, it is important to note that ' the desires of visitors to Vail have also changed. As the skiing population ages, many visitors to Vail are looking for alternative activities to include in their ski vacation. Spa services, including hair services, manicures, Text Amendment - Beauty and Barbershop 5 pedicures, facials, and body waxing, have become expected activities for vacationers, rather than relying on these services to occur at their primary residence. A "beauty and barbershop" is a conditional use on the first level in the Commercial Core and Lionshead Mixed Use zone districts. This allows the Town, through the review of the conditional use permit, to ensure that the proposed location within a project and /or site is appropriate for this use. Section 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a "beauty and barbershop," limiting its location to the following: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. Eliminating this language allows the Planning and Environmental Commission, through the review of a Conditional Use Permit to determine if the use and location is appropriate. It also allows the Planning and Environmental Commission to set certain restrictions on the use, including but not limited to the following: • Require a substantial retail presence along the Frontage • Place a limit the number and area of stations • Require that the stations be set back a minimum distance from display windows Any modifications to an approved plan would require an amendment to the conditional use permit, and would therefore be reviewed by the Planning and Environmental Commission (or staff when applicable.) 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: This amendment allows for the business community in Vail to create better synergy among land uses. Beauty shops keep people in Vail, and a hair cut is often followed by additional shopping or eating. This creates a harmonious, convenient, and workable relationship among land uses. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Text Amendment - Beauty and Barbershop 6 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Text Amendment - Beauty and Barbershop ORD1NA_NCE #18 (Series of 1981) AN ORDINANCE AMENDING SECTION 1 8.24.030 75 s. Frontage road PERMITTED AND CONDITIONAL USES — FIRST va t. colorado 81657 FLOOR OR STREET LEVEL — OF THE MUNICIPAL o'�Ir:of! CODE OF THE TOWN OF VAIL, COLORADO: MAKING BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS FIRST FLOOR OR STREET LEVEL CONDITIONAL USES I N COMMERCIAL CORE I AND COMMERCIAL CORE I I ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET, WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTH DETAILS THERETO. WHEREAS the Town Council believes that barber shops, beauty shops and beauty parlors are acceptable first —floor or street level conditional uses so long as they do not have any exterior frontage in any public way, street, walkway, alley or mall area; and, WHEREAS they believe such an amendment to the zoning ordinance w i I I benefit the public health, safety and welfare of the inhabitants of the Town of Vail. BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,THAT: Section 1 " 18.24.030, C is hereby repealed and reenacted as follows: 18.24.030 C. The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the pro— visions of Chapter 18.60 (1) Liquor stores; (2) Banks and financial institutions; (3) Household appliance stores; (4) Radio and TV stores and repair shops; (5) Time —share estate units, fractional fee units, and time —share license units; ( I . �A j 'two qoR 7 5 s. frontage road vad, colorado 81657 j: office of town clerk Barber shops, beauty shops and beauty parlors so long as they do not have any exterior frontage on any public way, street, walkway, or mall area. Section 2 If any part, section, sub — section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decisions shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, sub — section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub — sections, sentences, clauses, or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that i this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commended, nor any other action or proceeding has commenced under or by virtue of the provisions repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superceded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED i ONCE IN FULL THIS 7TH DAY OF APRIL, 1 98 1 , AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TCbAN COUNCIL OF 1. r THE XMN OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981. Mayor !� ATTEST : Town INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of April, 1981, and ordered published by title only. Mayor ATTEST = Town lerk -`3- Conditional Use Permit Boutique and Beauty Shop in LMU -1 Ritz Carlton Residences November 15, 2010 V VAI LRE SOR TS DEVELOPMENT COMPAW u I ;k ,Mlauriello Planning Group Attachment B In'troduc'tion RCR Vail, LLC, herein referred to as "The Applicant," represented by Mauriello Planning Group is requesting a conditional use permit to allow for a "Beauty and Barbershop" on the first level of a building in the Lionshead Mixed Use -1 zone district, in accordance with Sections 12 -7H -3 and 12 -16 -7 of the Vail Town Code. The Town of Vail provides a definition of a "barbershop" as follows: BARBERSHOP: A commercial establishment whose primary business is the cutting and /or styling of human hair. The Applicant is proposing a combination of a boutique and beauty shop. The majority of the space will be dedicated the retail sales of beauty supplies, make -up and skin care products, along with clothing and lingerie. The entire space is approximately 786 sf. The floor plan of the space is provided below: r _ i lln , 5v :S a' J v i... R 1 Ritz Carlton Residences - CUP for Beauty and Barbershop 2 Criteria for Review A "Beauty and Barbershop" is listed as a conditional use listed in the Lionshead Mixed Use -1 zone district. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town Code. The purpose of this chapter is as follows: 12 -16 -1: PURPOSE, LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. The review criteria for a conditional use permit are provided in Section 12 -16 -6 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. Applicant Analysis A "beauty and barbershop" is a conditional use on the first level in the Lionshead Mixed Use -1 zone district. This allows the Town, through the review of the conditional use permit, to ensure that the proposed location within a project is appropriate for this use. The proposed use is a combination of a retail space, with approximately 500 sf dedicated to the sale of beauty supplies, make -up and skin care products, clothing, and lingerie; and a beauty shop of approximately 286 sf dedicated to the cutting and /or styling of human hair, as indicated in the plan. • Retail Stations Ritz Carlton Residences - CUP for Beauty and Barbershop 3 Section 12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS, provides additional restrictions on a "beauty and barbershop," limiting its location to the following: Beauty and barber shops: No exterior frontage on any public way, street, walkway, or mall area is permitted. As proposed, the area dedicated to the retail portion of the business will be located on along the frontage of West Lionshead Circle, while the actual service of styling hair will occur off of any exterior frontage on any public way, street, walkway, or mall area. The code provision was likely developed to prevent services uses like a beauty shop from taking over vital retail locations in the Lionshead core area. The Ritz is located in an area with very little pedestrian traffic and therefore such a location will rely more on destination visitors to the proposed space within the Ritz Carleton. As shown on the elevation below, there is very little window exposure of this space to the pedestrian and the entry to the space is located five steps above grade with separation of a ramp railing and a landscape planter. That said, the space has been designed so that the primary use as a retail store (selling beauty products, make -up and skin care products, clothing, and lingerie) is located along the frontage of the space implementing the goal of this provision. The proposed space is indicated in the plan below: Mal an j c _J7 s� 1 it e , rn k&4 � }, k Y P LAN Ritz Carlton Residences - CUP for Beauty and Barbershop 4 From the exterior, the space appears as provided below: Any modifications to the approved plan would require an amendment to the conditional use permit, and would therefore be reviewed by the Planning and Environmental Commission. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Applicant Analysis: The proposed use has no impact on the above - referenced criteria. This space was previously assessed for parking at a rate of 2.3 spaces per 1,000 sf of net floor area. As a result, the parking requirements for this use have been met and will have no effect on public parking needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Applicant Analysis: In the review of the Ritz Carlton Residences, this space was identified as a commercial use, and as a result, it was factored into the traffic counts and impacts of the entire project. Ritz Carlton Residences - CLIP for Beauty and Barbershop 5 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Analysis: No modifications to the existing Ritz Carlton Residences is necessary for the proposed "beauty and barbershop." The proposed use has no impact on the scale and bulk of the building. The use itself will provide a service to residents and visitors to the Ritz Carlton Residences, along with those staying in the general vicinity. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. Applicant Analysis: An environmental impact report is not required for this application. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Ritz Carlton Residences - CUP for Beauty and Barbershop Adjacents 2101 - 072 -13 -001 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 210107216001 000846 FOREST RD EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 210107217002 000728 LIONSHEAD CIR VAIL CORP PO BOX 7 VAIL, CO 81658 000710 LIONSHEAD CIR VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 DANN PETER -Registered Agent PO BOX 5480 AVON, CO 81620 210107217002 RCR Vail LLC 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 210107222004 JPSSE VAIL IMMOBILIERE LLC RUBEN DARIO 115 TORRE 2 602 MEXICO D.F. CP 11580 MEXICO 210107222003 3 GCP INC AV CHAPULTEPEC 18 MEXICO DF 06640 MEXICO 210107222002 MARK GREENHILL REV TRUST - ELIZABETH GREENHILL REV TRUST - MARK GREENHILL FAMILY DESCENDANTS TRUST 153 SHERIDAN RD WINNETKA, IL 60093 CAREY, ROBERT B. 6912 E HUMMINGBIRD LN PARADISE VALLEY, AZ 85253 210107222007 SHARE SYNDICATE XIII LLC ALISON BUCHHOLTZ 675 LIONSHEAD PL VAIL, CO 81657 210107222008 JANICE SAUVAGE TRUST NO 1 8650 W TROPICANA AVE 208 LAS VEGAS, NV 89147 210107222006 SCHICIANO, KENNETH 43 HIGHGATE RD WELLESLEY, MA 02481 210107222005 5 GCP INC AV CHAPULTEPEC 18 COL DOCTORES MEXICO DF MEXICO 2103 - 014 -01 -068 TELLEEN, DANIEL E. 122 E MEADOW DR VAIL, CO 81657 2101 - 063 -03 -015 JOSEPH 0. BROUGHTON TESTAMENTARY TRUST 240 ASH ST DENVER, CO 80220 2101 - 063 -03 -016 BROUGHTON, JOSEPH 0., JR & LINDA K. 240 ASH ST DENVER, CO 80220 2101 - 063 -03 -014 RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E. & MARTHA GRIFFITH DEAN TRUSTEES PO BOX 970 TONGANOXIE, KS 66086 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 81620 210107222001 I 2101 - 072 -11 -032 2101 - 072 -21 -003 VAIL RESORTS DEV ARKW FUNSKI LLC THE FIXED ASSETS DEPARTMENT 3600 N CAPITAL OF TX HWY 390 INTERLOCKEN CRESCENT STE 1000 BUILDING B STE 320 BROOMFIELD , CO 80021 AUSTIN, TX 78746 2101 - 072 -23 -001 2101 - 072 -21 -002 WDL VAIL CONDOMINIUM ASSOCIATION, INC. ROCALLOSAS LLC GRAHAM FRANK MARGARITAS 433 POST OFFICE BOX 959, COC. EX HACIENDA CHIMALISTAC AVON, CO 81620 MEXICO DF CP 10150 MEXICO THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION 728 W. LIONSHEAD CIRCLE 2101 - 072 -21 -006 VAIL, CO 81657 THOMAS J. KLUTZNICK TRUST 380 GILPIN ST GORE CREEK PLACE, LLC DENVER, CO 80218 3901NTERLOCKEN CRESCENT, BROOMFIELD, CO 80021 2101 - 072 -21 -004 2101 - 072 -14 -004 MIDDLETON, JOHN S. & LEIGH R INTERVEST 8183 LLC Owner Address 343 AVON RD 1133 E 33 PL BRYN MAWR, PA 19010 TULSA, OK 74105 2101 - 072 -21 -005 ORTEGA, JOSE & LETICIA 2101 - 072 -14 -003 CAMPOS ELISEOS 223 NIELDS, MORGAN W. COL POLANCO MEXICO DF 11560 4 SUNRISE DR MEXICO ENGLEWOOD, CO 80110 2101 - 072 -21 -007 2101 - 072 -14 -002 SEPIC GORE CREEK PROPERTIES LLC KIEKHAEFER, FRED 2500 CHERRY CREEK DR S 203 N 7480 COUNTY RD UU DENVER, CO 80209 FOND DU LAC, WI 54937 2101 - 072 -21 -008 2101 - 072 -17 -001 JAYDEN DEVELOPMENT LLC DIAMONDROCK VAIL OWNER LLC 1031 EXCHANGE EXPERTS DIAMONDROCK HOSPITALITY CO 5600 GREENWOOD PLAZA BLVD STE 200 6903 ROCKLEDGE DR STE 800 GREENWOOD VILLAGE, CO 80111 BETHESDA, MD 20817 Vail Marriott® Mountain Resort & Spa 715 West Lionshead Circle Vail, Colorado 81657 USA 2101 - 072 -21 -001 SMITH, ROBERT& MICHELLE 934 GOLDENROD LN LAKE FOREST, IL 60045 Ritz Carlton Residences - CUP for Beauty and Barbershop 8 MEMORANDUM a TO: Planning and Environmental Commission FROM: Department of Community Development /Peter Patten DATE:. 1/19/81 .(should be 2/19/81) SUBJECT: Karl Hoevelmann request for an amendment to the Conditional Use Section of the Commercial Core_. Zone District to allow -barber shops >_,and beauty shops as permitted uses., subject to a Conditional Use Permit. BACKGROUND OF REQUEST This request stems directly from Mr. Hoevelmann's wish to convert a small, circular retail space near the street level entrance of the Gold Peak House to a beauty salon. Presently, beauty and barber shops are allowed on any floor except street level, as per Ordinance 8 of 1973. A review of the permitted uses in CCI clearly indicates the intent to limit this level to retail, tourist- oriented shops. Personal service and office uses were purposely left out of the permitted uses for street level. The request is to allow the beauty and barber shop use on street level with the issuance of a Conditional Use Permit. On January 12, 1981, Karl Hoevelmann appeared before the PEC to discuss the issue of the Planning Department's disapproval of his request to have a beauty shop in the space formerly occupied by the Sugar Daddy-in the Gold Peak House. It was stated at that time, that the only way for Mr. Hoevelmann to be allowed his beauty shop in that space was to have the zoning code amended for street level uses in Commercial. Core I. Two issues were focussed on during that PEC discussion: 1. Was a beauty shop an appropriate use on street level in the CCI Zone District? Should there be a reconsideration of this and other issues regarding horizontal zoning in both Cores? 2. Is there a difference in the impact and appropriateness of a use when one differen- tiates between direct street frontage space and off - street, interior space with no street frontage? Discussion of these items produced no definite direction or decisions. The PEC felt that these issues should be discussed at the joint PEC and Town Council work session which took place the following day. The opinions at that-meeting were basically that no major changes in the horizontal zoning regulations should be made at that time, but that a 90 -day period be set aside to study it to explore the possiblities for change. Also, no request was made to direct the Staff to change the code so that beauty shops would be permitted on street level in CCI and CCII.. Obviously, we are being asked to act on this request before that overall review can take place. Thus, the following represents the staff position on the issue at hand at this time. L Attachment C Hoevelmann - 2 - 2/18/81 RECOMMENDATION . We feel there is merit in examining the differentiation of impact of a use when it does not have direct street frontage on a major pedestrian way. A beauty shop may be detrimental to the goals of the original horizontal zoning ordinance if it would appear, for example, in the space that now occupies the Mug Shop or Bridge Street Inn. However, if it occurs on an interior lobby space of the Lodge at Vail, the negative effects are significantly reduced or eliminated and no..compromising of the objectives of the regulation are realized. The underlying premise here ds that major pedestrian ways should be fronted with retail tourist- oriented shops because.they draw and attrac interest and sales volumes - they must be highly visible: < - :Interior, unobvious spaces within hotel lobbies or interior arcades are not drawing people to them on their own- - the people usually have a specific reason or purpose other than sightseeing to enter these areas. Thus, certain uses may be appropriate for these spaces wherein they woul not be appropriate for highly visible major street frontage spaces. Addressing the other issue of whether or not the beauty shop use was appropriate for street level, we feel it would be if it met the locational criteria of being off -stree interior space... The requirement would be that the proposed-space would not contain any street frontage on a major pedestrian way or outdoor mall.area. The space must have access only from an interior lobby or arcade -type area. We would propose that the Conditional Use Permit Factors be amended so that barber and beauty shops requesti a Conditonal Use Permit in CCI and CCII, be required to meet these locational criteria before the permit could be granted. We feel that this may not be the only use to fall within this new locational criteria and look forward to a more complete review of other uses which may be in a similar situation. This review is upcoming soon, when we take a total look at horizontal zoning. In conclusion, we would recommend the approval of the Hoevelmann request with the coed tion that Section 18.60.060 Criteria - Findings for Conditional.Use Permits be amended so that under paragraph A, a number 8 would be added to read: 8. No Conditional Use Permit will be approved for barber or beauty shops on first. or street level in wither Commercial Core I or Commercial Core II unless the applicant has demonstrated, to the Community Development Department's satisfact. that the space in question contains no exterior frontage on a major pedestrian or vehicular way or public mall area. go WEINSHIENK, MILLER, BORUS & PERMUT ATTORNE 5 AT LAW HUBERT T. WEINSHIENK H. MICHAEL MILLER JOSEPH S.BORUS BARRY PERMUT EDWARD W. STERN JAMES A,JACOBSON 2200 LINCOLN CENTER BUILDING 1660 LINCOLN STREET DENVER, COLORADO 80264 TELEPHONE 13035 B6l -4555 VAIL OFFICE VAIL NATIONAL BANK BUILDING R O. BOX 3510 VAIL,COLORA00 61057 TELePHONE (303)476 -1066 January 26, 1981 Mr. Dick Ryan Director of Community Development Town of Vail Vail, CO 81657 Re: Karl Hoevelmann - Condominium Unit No. 103 Golden Peak House Building Dear Mr. Ryan: 0 In connection with the problem encountered by Karl Hoevelmann in establishing his barber and beauty shop in the Golden Peak House Building and following our discussion of this matter, I believe that the most efficient way to propose an amendment to the Zoning code which would allow Carl to use the condominium space for his beauty and barber shop is to create two additional categories of conditional uses in the "CC --1" district for barber shops and beauty shops. Karl could then apply for the necessary conditional use permit if the amendment were passed. By making barber shops and beauty shops conditional uses, the town can continue to maintain control over street level uses, and avoid having these types of uses proliferate as a matter of right. Furthermore, the amendment to the zoning code required to make this change is simple and free of the danger of having unknown future ramifications. Karl, however, would be permitted to use his space as he desires if he can satisfy this criteria for a conditional use. Consequently, I suggest that an amendment be prepared to Chapter 18.24.030(c) of the Town of Vail Zoning Ordinance adding the Following subsections 5 and 6: "5. Barber Shops. 6. Beauty Shops." T W EINSWIENK, MILLER, BORUS & PERMUT 0 Mr. Dick Ryan - 2 -- January 26, 1981 If I can provide any assistance in preparing or processing the proposed amendment to the Zoning code, please do not hesitate to communicate with me. Ver truly yours k f l j�� Hubert T. Weinshienk HTW:tjw cc: Mr. Karl Hoevelmann 10 r] b id* 4207 East Columbine Drive No. 5 Vail, Colorado 81657 December 23, 1980 Mr. Gerry White Chairman of Planning and Envirormental Com ission Vail Municipal Building 75 South Frontage Road Vail, Colorado 81657 Dear Mr. White: As owner of Unit No. 103 in the Golden Peak House Building (Lodge Lobby), I am submitting this letter for your consideration in granting me the zoning permit for license needed to open my own Barber and Beauty Shop in the above mentioned space. IC Some time back I visited with Zoning Administrator, Mr. Jim Ruben, and explained to him the remodeling I wished to do in this space for the purpose of opening up a Barber and Beauty Shop. This remodeling consisted of plumbing work necessary for my shop, close and move some of the small windows, and other carpenter work. Mr. Rubin was familiar with the space, which had been occupied by the business, "The Sugar Daddy." I asked him For advice concerning regulations, permits etc, and I assumed he would have given me all the information I needed to know for this type of change. He told me that I did not need a permit for changes such as this since they were being done inside the buildinq, and that he could see nothing that would prevent my opening a shop. After my visit to Mr. Ruben's, I proceeded with the remodeling of my property. I am now conrni.tted to approximately $20,000 which includes the remodeling plus new furniture, light fixtures, and equipment. Feeling confident that because I had followed Mr. Robin's instructions, I went to the Town Hall two weeks ago to obtain my town license for opening my shop and was totally shocked when I was told by Mr. Peter Patten, the new president of The Town of Vail Planning and Environmental Commission, that it was prohibitive for me to obtain my license due to technical reasoning that the shop would be street level. Along with the above informational material, I would like to cite the following facts that I believe constitute valid reasons for my being granted Mr. Gerry White &Wft December 23, 1980 Page 2 a town license for opening my shop.: I. The ccnrnercial space is approximately 24 feet away from the street line,'inside the Golden Peak House Building (Lodge Lobby) and the space has its own separate entrance. II. Due to the fact that the space is round and consists of only 150 square feet, it is not suitable for most businesses categorized as street level. III. Conditional uses -- Factors applicable (see page 350 of CcnTrercial Core l (CCI) District. My property carplies with these restrictions. IV. Since the time this building was completed and occupancy was granted, there has been a beauty shop housed in it. The shop moved only 24 months age. (Lady Vail) V. There is a definite need for a facility such as my proposed one, since there is not cne on the south side of Gore Creek. La Coiffure in the Sitzmark Lodge was street level f VI. The Golden Peak House Condominium Association has given their approval for such a shop. VII. The State Board of Cosmetology has granted me license for a shop. My family and I have lived in Vail for seven and one -half years, and this is a critical point for us. Much of our future depends upon your decision. I would deeply appreciate every consideration given me. Sincerely, Karl Hoevelmann cc: Gaynor Miller Dan Corcoran Roger Tilkemeir Duane Piper Jim Morgan Scott Edwards 11 January 6, 1981 Mr. Gerry White Chairman of Planning and Environmental Commission Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Gerry: I would like to respond to the December 23, 1980 letter from Karl Hoevelmann. My recollection of my visit with him is considerably different from what is stated in his letter. My recollection is that he asked me if he could put plumbing in the Sugar Daddy Boutique, but at no time mentioned that he intended to change its use into a barber and beauty shop. I even remember asking him what the plumbing was for, and remember his answer to be that he was planning on putting a sink in the boutique. This meeting did happen a while ago, and I don't completely.re- member the visit. This is, however, my best recollection of what Karl and I discussed. Sincerely, AMES A RUBIN Former Zoning Administrator JAR;bpr Duane Piper requested that the staff check a motion made by Dan Corcoran concerning the exterior alteration and modification and height variance.- -of the Sitzmark building, to see whether or not it included the condition ..of..particpating in the Vail Village improvement district. Dan Corcoran moved to approve the minutes subject to the correction above, and Scott seconded the motion. The vote was 7 -0, unanimous. 2. Weinshienk - Hoevelmann request to allow barber and beauty shops on street level in CCI Zone District Peter Patten described the expansion of the issue from the original request on 1/12/81, as stated in the memo of 1/19/81. (The correct date on the most recent memo should have read 2/19/81). He added that interior spaces do not perform the same functions as those directly on the street. He recommended approval of the Hoevelmann request with the amendment of Section 18.060, paragraph A to add: 8. No Conditional Use permit will be.approved for barber or beauty shops on first or street level in either Commercial Core I or Commercial Core II unless the applicai has demonstrated, to the Community Development Department -Is satisfaction, that the space in question contains no exterior frontage on a major pedestrian or vehi- cular way or public mall. Barry Permut representing Mr. Hoevelmann, stated that Mr. Hoevelmann agrees with the staff on the wording of the amendment. He added that he felt there was also a hardship in this case. Discussion followed concerning whether or not the amencinent should cover a broader use. Finally, Jim Morgan moved, and Roger seconded to recommend to the Council an amendment to Conditional Uses on street level in CCI and CCII to allow personal services as define in the Code as conditional uses with the added provision .of No. 8 as defined in the memo dated 1119181. The vote was 5 -2, with Dan and Gaynor voting against. Motion passed. ORDINANCE x#18 _ .s (Series of 1981) C7 ;1 +.SI fr �� • �i t.j u 1 AN ORDINANCE AMENDING SECTION 18.24.030 75 s. imntige ro: PERMITTED AND CONDITIONAL USES - FIRST wail, Colo ado 81 FLOOR OR STREET LEVEL - OF THE MUNICIPAL of CODE OF THE TOWN OF VAIL, COLORADO; MAKING BARBER SHOPS, BEAUTY SHOPS AND BEAUTY PARLORS FIRST FLOOR OR STREET LEVEL CONDITIONAL USES IN COMMERCIAL CORE I AND COMMERCIAL CORE II ZONED DISTRICTS, SO LONG AS THEY DO NOT HAVE ANY EXTERIOR FRONTAGE ON ANY PUBLIC WAY, STREET, WALKWAY, ALLEY OR MALL AREA; AND SETTING FORTII DETAILS THERETO. WHEREAS the Town Council believes that barber shops, beauty shops and beauty parlors are acceptable first -floor or street level conditional uses so long as they do not have any exterior frontage in any public way, street, walkway, alley or mall area; and, WHEREAS they believe such an amendment to the zoning ordinance will benefit the public health, safety and welfare of the inhabitants of the Town of Vail. Section 2 If any part, section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decisions shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, sub - section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub- sections, sentences, clauses, or phrases be declared invalid. Sectium 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commended, nor any other action or proceeding has commenced under or by virtue of the provisions repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superceded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 7TH DAY OF APRIL, 1981, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO ON THE 21ST DAY OF APRIL, 1981. Inlayor ATTEST: INTRODUCED, READ AND PASSED ON SECOND READING this 21st day of April, 1981, and ordered published by title only. riayor � i ATTEST: l . - �//u /'�z a Town perk ��I r Ic �• A liu s 1 VII IN! Il a,,. itlllll V 1 w - l r - ',f4ll�;!1i1114!�lit � Attacnment: u TOWN OAIL'� MEMBERS PRESENT Luke Cartin Micheal Kurz Bill Pierce John Rediker Tyler Schneidman David Viele Site Visits: 1. CineBistro — 141 East Meadow Drive MEMBERS ABSENT Henry Pratt 45 minutes 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: Recommendation of approval with condition(s) MOTION: Kurz SECOND: Viele VOTE: 4 -2 -0 ( Rediker and Pierce opposed) Bill Gibson made a presentation per the staff memorandum. Bill gave an overview of the staff recommendation. David Kelley, of Rodney L. Sartain Architects, representing CineBistro, stated that he works with movie theaters on signage around the country and in most communities there are unique types of signs allowed for movie theaters. He felt there was a way to permit movie theaters the ability to have digital signs without opening a "box of worms ". Peter Knobel, spoke about other businesses in Vail installing video screens three feet inside their store windows so they won't be regulated as signs by the Town of Vail. He expressed that a better policy would be to allow for electronic signs than to continue avoiding the issue. Commissioner Pierce identified several aspects for discussion about electronic signs. George Ruther reminded the Commission of their advisory role to the Town Council and that Staff wanted to accurately forward their recommendation, so he asked the Commissioners to also answer the five policy questions outlined in the Staff memorandum. Commissioner Kurz stated that he felt that the electronic signs installed at Cinebistro were appropriate, and Commission's conversation should focus on size requirements and the brightness of signs. He disagreed with Staff recommendation to in preventing motion on the signs. He felt motion and changing message was the primary reason for using electronic signs. He generally felt that electronic signs were appropriate throughout the Town, so long as size is regulated. PLANNING AND ENVIRONMENTAL COMMISSION November 22, 2010 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Page 1 Commissioner Rediker noted his initial concerns about allowing electronic signs, but seeing the sign installed at Cinebistro changed his thoughts about allowing electronic movie theater signs. He generally felt that the proposed amendments were too broad and that electronic signs in general were not appropriate in Vail and did not believe that allowing electronic signs supported criterion #1 identified in the staff memorandum. He noted concern about providing a competitive advantage to a singular business type by allowing a theater restaurant to have a digital menu board. Commissioner Schneidman felt that the electronic entertainment signs were appropriate, but needed to have further regulations. Commissioner Cartin felt the installed movie theater signs were done very well and tastefully. He was concerned about a digital menu board. He felt that a variance may be more appropriate. He felt that the Commission and Design Review Board need to dive into the issue as the sign would not be a static sign. Things like brightness and sound need to be addressed. He learns more towards a variance for this proposal. He was not opposed to allowing digital signage, but wants to make sure the code is amended appropriately the first time. Commissioner Viele stated that he agreed with Commissioners Cartin and Rediker. He inquired as to the ability to apply and grant a variance for this type of signage. George Ruther and Bill Gibson explained that what was being requested would not be eligible for a variance as this type of signage was prohibited. Commissioner Pierce inquired as to Staff's research on other ski communities and how they address these types of signs. Bill Gibson went through the research he has done and how there were differences it how jurisdictions address these things. Commissioner Kurz stated that while there were several Commissioners who had concerns about electronic signs, there were no concerns with the signs at Cinebistro. He saw no need to hold up the applicant to have a joint meeting with the DRB and Town Council to discuss this change in policy. George Ruther explained that Staff focused on soley on movie theater in response to the submitted application. Staff did not review this proposal for allowing other types of electronic signs throughout the community. Commissioner Rediker inquired as to how to prevent other businesses from doing less tasteful signs. Kurz made a motion to forward a recommendation to the Town Council to allow electronic movie theater entertainment signs and menu box signs. As part of the motion, he recommended the Commission, Town Council and the Design Review Board hold a joint meeting to discuss the broader policy issues about electronic signs such as brightness, motion, etc. Rediker and Pierce opposed the motion as they felt the specific recommendations should be made to Town Council regarding size, brightness, hours of operation, audio and motion. 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 Page 2 Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to January 10, 2011 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 3. Approval of November 8, 2010 minutes MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 4. Information Update Commissioner Rediker informed the Commission about the State of the Watershed report that will be presented at the Town Council's next hearing. Commissioner Viele provided additional information about the report from his perspective as a water board member. 5. Adjournment MOTION: Kurz SECOND: Viele VOTE: 6 -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 19, 2010, in the Vail Daily. Page 3 Ad Name: 5875100A Customer: TOWN OF VAIL /PLAN DEPT /COMM Your account number is: 1023233 PROOF OF PUBLICATION STATE OF COLORADO } }SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative ofthe Vail Daily. Thatthe same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/26/2010 and that the last publication of said notice was dated 11/26/2010 in the issue of said newspaper. 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 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on December 13, 2010, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12 -26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of develop- ment impacts, and setting forth details in regard thereto. (PEC100050) Applicant:Town of Vail Planner: Rachel Dimond A request for a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a prescribed regulations amendment to Section 12 -16 -7, Use Specific Crite- ria and Standards, Vail Town Code, to develop criteria to allow for beauty and barber shops with exterior frontage on a public way, street, walkway, or mall area, and a request for the review of a con- ditional use permit, pursuant to Section 12 -7H -3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, for a beauty and barber shops, located at 728 West Lionshead Cir- cle /Lot 2 West Day Subdivision, and setting forth details in regard thereto. (PEC100051) Applicant: RCR Vail, LLC, represented by the Mauriello Planning Group, LLC PIanner:Warren Campbell The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970- 479 -2138 for additional informa- tion. Sign language interpretation is available upon re- quest, with 24 -hour notification. Please call 970 -479 -2356, Telephone for the Hearing Im- paired, for information. Published November 26, 2010, in the Vail Daily. (5875100)