The URL can be used to link to this page

Home My WebLink About2011-02 Public and Private Parking Emergency Ordinance ORDINANCE NO. 2 SERIES OF 2011 AN EMERGENCY ORDINANCE AMENDING CHAPTER 11 -7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, AND SETTING FORTH DETAILS IN REGARD THERETO, AND DECLARING AN EMERGENCY. I WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); I WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected f and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, j establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs 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; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and /or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council has instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; WHEREAS, it is not the intent of this emergency action to circumvent or otherwise alterthe desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and Ordinance No. 2, Series of 2011 t i f I c I I WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take an emergency action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended to add the following i section (Additions to text shown in bold): 11 -7 -16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY. A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the r public and advertising the daily and /or hourly rate. B. Applicability. An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. j C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property PARKING r � .a y. VALET PAR • (Directi (Directi E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. I Ordinance No. 2, Series of 2011 Z The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. i Section 2 . Due to the immediate need by the Town to provide safe, convenient and adequate public parking for its residents, guests and visitors, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. f Section 3 . Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof and shall remain in j effective until March 1, 2011, unless otherwise repealed. This ordinance, as adopted by the i Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. Section 4 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 . The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 . All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. i Ordinance No. 2, Series of 2011 I INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED i PUBLISHED ONCE IN FULL this 4th day of January, 2011. i r Richard Cleve ayor ATTE yPIL �' • S jLlei onaldson, Town Clerk 0 S O' G Ordinance No. 2, Series of 2011