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Home My WebLink About2012-11 Extending Amendments to Chapter 11-7, to establish regulations for informational and directional signs for public parking on private propertyORDINANCE NO. 11 SERIES OF 2012 AN ORDINANCE EXTENDING AMENDMENTS TO 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, TO NOVEMBER 19, 2013, AND SETTING FORTH DETAILS IN REGARD THERETO. 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, 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 befinreen 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 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; Ordinance No. 11, Series 2012 -1- WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an 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; WHEREAS, on May 17, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 21, 2011, through the adoption of Ordinance No. 12, Series of 2011; WHEREAS, on November 1, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 19, 2012, through the adoption of Ordinance No. 23, Series of 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting an extension to Ordinance No. 23, Series of 2011, sign regulations from November 19, 2012, to November 19, 2013, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds thatthe passage ofthis ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and 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 this 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, Chapter7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): Ordinance No. 11, Series 2012 -2- 11-7-16: INFORMATIONAL AND D/RECTIONAL S/GN FOR PUBLIC PARK/NG ON PR/VATE 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 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. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply wifh the standards prescribed in Exhibit A, as applicab/e: Exhibit A: Informational and directional sign for public parking on private property �� E. Special Provisions: u� Qi 1. An informational and directional sign shall onlybe displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regu/ation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administratormaybe appealed to the Design ReviewBoard, pursuant to this Title. Ordinance No. 11, Series 2012 -3- F. Expiration: The provisions of this section shall expire on November 19, 2013. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of September, 2012, and a public hearing forsecond reading of this Ordinance set for the 2"d day of October, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ; �'�"�.1 O�c rew P. Daly :`0�,........q� ATTEST: ' �'� : • : . . ��, ./� �m. � � :. : �EAI, s aldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2"d day of October, 2012. -� An rew P. aly, Mayor Ordinance No. 11, Series 2012 -4- ATTEST: Ordinance No. 11, Series 2012 -5-