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HomeMy WebLinkAbout2019-07-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 P M, July 16, 2019 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Town Manager Report 3.1.Vail Social Community Potluck, introducing a new tradition, 5 to 7 p.m., September 24, 2019, Solaris Plaza 5 min. Presenter(s): Travis Coggin, Town Council Member 4.Presentations / Discussion 4.1.Civic Area Plan Update - Refined Master Plan Concepts & Update on Market and Costs 120 min. Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff asks Council to review the presentations and provide direction related to narrowing the four master plan concepts to two. Background: The purpose of this presentation is to share refinements to the four master plan concepts, provide more information on municipal funding options, and receive direction from Council to narrow the master plan concepts to two. 5.Public Hearings 5.1.Ordinance No. 10 Series of 2019, Second Reading, An Ordinance Repealing and Reenacting Chapter 8 of Title 4 of the Vail Town Code, Regarding Solicitation 5 min. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No.10, Series 2019, upon second reading. Background: Ordinance No.10, Series 2019, is a housekeeping ordinance July 16, 2019 - Page 1 of 88 amending the Town's solicitation regulations to bring the Town Code up to date with the current state of law regarding solicitation. Staff Recommendation: Approve, approve with modifications or deny Ordinance No.10, Series 2019, upon second reading. 5.2.Ordinance No. 11, Series of 2019, Second Reading, An Ordinance Amending Sections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17, 12-7I -17 of the Vail Town Code, and Adding New Sections 12-7A-16 and 12-7J -15 to the Vail Town Code, to Clarify the Permitted Location of Business Activities in Commercial, Business and Mixed Use Zone Districts. 5 min. Presenter(s): J onathan Spence, Community development Planner and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 11, Series of 2019, upon second reading. Background: This is a request to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Accommodation (PA) and Public Accommodation-2 (PA-2), to further clarify the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. Staff Recommendation: On J une 24, 2019, the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts. 6.Adjournment 6.1.Adjournment 8:30 p.m. (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. July 16, 2019 - Page 2 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Vail S ocial Community Potluck, introducing a new tradition, 5 to 7 p.m., S eptember 24, 2019, Solaris Plaza P RE S E NT E R(S ): Travis Coggin, Town Council Member AT TAC H ME N TS: Description Vail Social July 16, 2019 - Page 3 of 88 To Celebrate Our Home and Connect Our Community Lionshead 1970 July 16, 2019 - Page 4 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Civic Area Plan Update - Refined Master P lan Concepts & Update on Market and Costs P RE S E NT E R(S ): Matt Gennett, Community Development Director AC T IO N RE Q UE S T E D O F C O UNC I L: Staff asks Council to review the presentations and provide direction related to narrowing the four master plan concepts to two. B AC K G RO UND: The purpose of this presentation is to share refinements to the four master plan concepts, provide more information on municipal funding options, and receive direction from Council to narrow the master plan concepts to two. AT TAC H ME N TS: Description Staff Memorandum Update Civic Area Presentation Citizen Input July 16, 2019 - Page 5 of 88 To: Vail Town Council From: Matt Gennett, Community Development Director Date: July 16, 2019 Subject: Civic Area Plan Update I. INTRODUCTION Continuing from the last update to Council on June 18, 2019, we will focus on foundational guiding principles of what fosters a successful Civic Area, refinements made to the four master plan concepts previously presented, and funding options available to realize the Town’s vision. The afternoon work session with Council will center on a discussion of the available funding options to the Town, along with the pros and cons of each one. II. SUMMARY The purpose of this presentation is to share refinements to the four master plan concepts, provide more information on municipal funding options, and receive direction from Council to narrow the master plan concepts to two. The project team will continue to share the design concepts through Engage Vail, as well as at various “pop-up” outreach events and stakeholder focus groups. The goal is for Council to select a preferred concept which will be incorporated into a draft master plan for adoption later in the year. ACTION REQUESTED BY COUNCIL Staff asks Council to review the presentations and provide direction related to narrowing the four master plan concepts to two. Attachment: Attachment A: Slide Presentation July 16, 2019 - Page 6 of 88 Town of Vail Civic Area Plan Town Council Update #5 July 16, 2019 July 16, 2019 - Page 7 of 88 Today’s Agenda Guiding Principles What makes a Civic Area South Frontage Road Dobson Ice Arena Multi-purpose events space July 16, 2019 - Page 8 of 88 Project Timeline July 16, 2019 - Page 9 of 88 Upcoming Meetings June 18 •Examples of multi-use facilities •Master plan concepts •Revenue/funding possibilities July 16 •Guiding Principles •Update on market and cost info •Present refined Master Plan Concepts •Goal –narrow discussion of what the MP could be Aug 6th •Present preferred concept Formal Review Process July 16, 2019 - Page 10 of 88 Guiding Principles July 16, 2019 - Page 11 of 88 Guiding Principles The Vail Civic Area is a place that: •Is inclusive to all, a public place that fosters interaction and builds community •Embraces the outdoors and connect with nature, provide access to Gore and Middle Creek while protecting these ecological resources •Includes facilities that will foster economic activity while providing amenities for both residents and guests •Reinforces connectivity throughout the town and between Vail Village and Lionshead •Is sustainable, both financially and environmentally July 16, 2019 - Page 12 of 88 What makes a Civic Area? July 16, 2019 - Page 13 of 88 What makes a civic area Facilities Programing Activities Connectivity Nature Interaction Community “Place Making” July 16, 2019 - Page 14 of 88 South Frontage Road Dobson Ice Arena Multi-use events facility July 16, 2019 - Page 15 of 88 July 16, 2019 - Page 16 of 88 South Frontage Road What we’ve heard The idea The cost The benefit How to handle in MP July 16, 2019 - Page 17 of 88 South Frontage Road 46.6% 17.1% 36.2% July 16, 2019 - Page 18 of 88 South Frontage Road July 16, 2019 - Page 19 of 88 South Frontage Road July 16, 2019 - Page 20 of 88 South Frontage Road Insert DJ’s drawing Approved/Funded SFR Upgrade Cost estimate $8.1 mil Budgeted funds $9.0 mil SFR Re-location +/-250’ additional road Est. additional cost $4 mil July 16, 2019 - Page 21 of 88 South Frontage Road July 16, 2019 - Page 22 of 88 South Frontage Road Site Area Qualitative Considerations Challenges •Site access •Vail Health (wayfinding, ambulances, etc.) •Parcel 3? July 16, 2019 - Page 23 of 88 South Frontage Road July 16, 2019 - Page 24 of 88 Dobson Ice Arena What we’ve heard . . . . Options/Ideas Potential Opportunities Economic Considerations/O&M/etc. July 16, 2019 - Page 25 of 88 Dobson Ice Arena What we heard/Window #2 •Connection to Library •Potential second sheet of ice •Upgrade, expand, enhance multi-use •Protection/connection to Gore and Middle Creek •Parking and access July 16, 2019 - Page 26 of 88 Dobson Ice Arena Stakeholder Input VRD Friends of Dobson Vail Mountaineer Hockey Club 69.8% 19.1% 13.5% 4.5% 45.9% 49.5% July 16, 2019 - Page 27 of 88 Dobson Ice Arena Modest renovation/expansion Major renovation/expansion July 16, 2019 - Page 28 of 88 Dobson Ice Arena Redevelopment-2-levels/2 sheets Redevelopment-Olympic ice/multi-use July 16, 2019 - Page 29 of 88 Dobson Ice Area The Opportunities July 16, 2019 - Page 30 of 88 Dobson A. What is the optimal capacity for a new arena? ●Rink size -Conventional or Olympic? ○VRD suggests ‘Conventional’ ●Event potential –Seating for 4,000 to 5,000 people? ○Expands event opportunities ○Increases revenue potential ○Leverages relationship with marketing group ○VRD interested in all of these B. Is there demand for a second sheet of ice? ●A reconstructed Dobson should meet existing demand for ice ●State of the art construction that allows for conversion of Dobson within a single day is a critical to increasing utilization ●Depending on utilization rate of primary sheet of ice for events (such as concerts), an auxiliary sheet of ice may be needed. July 16, 2019 - Page 31 of 88 Dobson Events Corporate/Non -Profit Event 45 28% Hispanic Dance 20 12% Ice Related 88 54% Other Sports 10 6% Total Days (2016-2019) Source: VRD; Economic & Planning Systems 3.5 Days 1.3 Days 7.3 Days 2.5 Days Corporate/Non- Profit Event Hispanic Dance Ice Related Other Sports Average Duration (including set-up) Source: VRD;Economic & Planning Systems July 16, 2019 - Page 32 of 88 Dobson Mock Schedule ●Hypothetical mock schedule, by VRD ●Rink 1 well utilized ●Less demand for Rink 2 on a daily basis ●One rink is expected to be sufficient, unless primary rink is heavily utilized for events ●Revenue sources could involve Naming Rights and/or Philanthropy Wed, Jan 23 Thu, Jan 24 Fri, Jan 25 Sat, Jan 26 BMHS BMHS VMHC VMHC PUBLIC SESSION PUBLIC SESSION VMHC VMHC VMHC VMHC YETI 11:30 PM 11:30 PM 11:45 PM 11:45 PM 11:00 PM 11:00 PM 11:15 PM 11:15 PM 10:30 PM 10:30 PM 10:45 PM 10:45 PM 10:00 PM 10:00 PM 10:15 PM 10:15 PM 9:30 PM 9:30 PM 9:45 PM 9:45 PM 9:00 PM Broomball 9:00 PM 9:15 PM 9:15 PM 8:30 PM 8:30 PM 8:45 PM 8:45 PM 8:00 PM VMHC VMHC 8:00 PM 8:15 PM 8:15 PM 7:30 PM 7:30 PM 7:45 PM 7:45 PM 7:00 PM 7:00 PM 7:15 PM 7:15 PM 6:30 PM 6:30 PM 6:45 PM VMHC VMHC 6:45 PM 6:00 PM 6:00 PM 6:15 PM 6:15 PM 5:30 PM VMHC VMHC 5:30 PM 5:45 PM 5:45 PM 5:00 PM 5:00 PM 5:15 PM 5:15 PM 4:30 PM 4:30 PM 4:45 PM 4:45 PM 4:00 PM 4:00 PM 4:15 PM BMHS VRD Mini Mite/ Mite 4:15 PM 3:30 PM 3:30 PM 3:45 PM 3:45 PM 3:00 PM 3:00 PM 3:15 PM 3:15 PM 2:30 PM 2:30 PM 2:45 PM 2:45 PM 2:00 PM 2:00 PM 2:15 PM 2:15 PM 1:30 PM 1:30 PM 1:45 PM 1:45 PM 1:00 PM 1:00 PM 1:15 PM 1:15 PM 12:30 PM 12:30 PM 12:45 PM 12:45 PM 12:00 PM 12:00 PM 12:15 PM 12:15 PM 11:30 AM 11:30 AM 11:45 AM 11:45 AM 11:00 AM 11:00 AM 11:15 AM 11:15 AM 10:30 AM 10:30 AM 10:45 AM 10:45 AM 10:00 AM 10:00 AM 10:15 AM 10:15 AM 9:30 AM 9:30 AM 9:45 AM 9:45 AM 8:45 AM 9:00 AM 9:00 AM 9:15 AM 9:15 AM 8:00 AM 8:15 AM 8:15 AM 8:30 AM 8:30 AM 7:15 AM 7:30 AM 7:30 AM 7:45 AM 7:45 AM 6:30 AM 6:45 AM 6:45 AM 7:00 AM 7:00 AM 6:00 AM 6:00 AM 6:15 AM 6:15 AM Mon, Jan 21 Tue, Jan 22 Sun, Jan 27 6:30 AM 7:15 AM 8:00 AM 8:45 AM Wed, Jan 23 Thu, Jan 24 Fri, Jan 25 Sat, Jan 26 *Freestyle Skating Freestyle Skating *Vail Yeti *Freestyle Skating Vail Yeti Freestyle Skating Vail Yeti *Freestyle Skating Vail Yeti Freestyle Skating *Freestyle Skating *Freestyle Skating Freestyle Skating Freestyle Skating *Freestyle Skating *Freestyle Skating Freestyle Skating Freestyle Skating *Vail Mountaineer Hockey Club *Vail Mountaineer Hockey Club *Vail Mountaineer Hockey ClubVail Mountaineer Hockey Club *StoryTime Skating Vail Mountaineer Hockey Club StoryTime Skating Vail Mountaineer Hockey Club StoryTime Skating Vail Mountaineer Hockey Club StoryTime Skating *StoryTime Skating *Vail Mountaineer Hockey Club StoryTime Skating Vail Mountaineer Hockey Club StoryTime Skating Vail Mountaineer Hockey Club StoryTime Skating Vail Mountaineer Hockey Club *Public Skating *Stick & Puck Hockey Vail Mountaineer Hockey Club Public Skating Stick & Puck Hockey Public Skating Stick & Puck Hockey *Vail Mountaineer Hockey Club Public Skating Stick & Puck Hockey Vail Mountaineer Hockey Club Public Skating Stick & Puck Hockey *Johnson, Ted Vail Mountaineer Hockey Club Public Skating Stick & Puck Hockey Johnson, Ted Vail Mountaineer Hockey Club Johnson, Ted Vail Mountaineer Hockey Club Johnson, Ted *Vail Mountaineer Hockey ClubVail Mountaineer Hockey ClubVail Mountaineer Hockey Club *Freestyle Skating Vail Mountaineer Hockey Club Freestyle Skating *Battle Mountain High School Vail Mountaineer Hockey Club *Freestyle Skating Battle Mountain High School Freestyle Skating Battle Mountain High School *Ward, Steven Battle Mountain High School Ward, Steven *Learn to Skate USA (Session 2a) Battle Mountain High School Ward, Steven Learn to Skate USA (Session 2a) *VRD Mite & Mini Mite Hockey Battle Mountain High School Ward, Steven Learn to Skate USA (Session 2a) VRD Mite & Mini Mite Hockey Battle Mountain High School Learn to Skate USA (Session 2b) VRD Mite & Mini Mite Hockey Battle Mountain High School Learn to Skate USA (Session 2b) VRD Mite & Mini Mite Hockey *Battle Mountain High School *Theater on Ice Session 2 *Vail Mountaineer Hockey Club Battle Mountain High School Theater on Ice Session 2 Vail Mountaineer Hockey Club Battle Mountain High School *Freestyle Skating Vail Mountaineer Hockey Club Battle Mountain High School Twin Peaks Freestyle Skating Vail Mountaineer Hockey Club Battle Mountain High School *Freestyle Skating Battle Mountain High School Freestyle Skating *Vail Mountaineer Hockey Club Battle Mountain High School Vail Mountaineer Hockey Club Battle Mountain High School *Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club Battle Mountain High School Vail Mountaineer Hockey Club Vail Mountaineer Hockey ClubVail Mountaineer Hockey Club *Vail Yeti *Vail Yeti Vail Mountaineer Hockey Club *Battle Mountain High School Vail Yeti Vail Yeti Battle Mountain High School Vail Yeti Vail Yeti *Battle Mountain High School Battle Mountain High School Vail Yeti Vail Yeti Battle Mountain High School Battle Mountain High School Vail Yeti Vail Yeti Battle Mountain High School Vail Yeti Vail Yeti Battle Mountain High School *C Division Vail Yeti Vail Yeti C Division Vail Yeti Vail Yeti *C Division C Division Vail Yeti Vail Yeti C Division C Division Vail Yeti Vail Yeti C Division C Division Vail Yeti Vail Yeti C Division C Division *C Division C Division C Division C Division C Division 11:00 PM B Division 11:00 PM 11:45 PM 11:45 PM 11:15 PM B Division 11:15 PM 11:30 PM 11:30 PM *B Division VRD Dobson Arena 10:15 PM 10:30 PM B Division 10:30 PM 10:45 PM B Division 10:45 PM Vail Ski Patrol 8:45 PM 9:00 PM B Division *VRD Dobson Arena Vail Ski Patrol 9:00 PM 9:45 PM B Division VRD Dobson Arena 9:45 PM 10:00 PM VRD Dobson Arena 10:00 PM 9:15 PM B Division VRD Dobson Arena 9:15 PM 9:30 PM B Division VRD Dobson Arena 9:30 PM 10:15 PM Vail Ski Patrol 8:15 PM 8:30 PM Vail Mountaineer Hockey Club Vail Ski Patrol 8:30 PM 8:45 PM *B Division 7:45 PM Vail Mountaineer Hockey Club *Vail Mountaineer Hockey Club 7:45 PM 8:00 PM Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club *Vail Ski Patrol 8:00 PM 8:15 PM Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club 7:15 PM Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club Violent Femmes 7:15 PM 7:30 PM Vail Mountaineer Hockey Club 7:30 PM 6:45 PM Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club 6:45 PM 7:00 PM *Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club 7:00 PM 6:15 PM Vail Mountaineer Hockey Club 6:15 PM 6:30 PM Vail Mountaineer Hockey Club *Vail Mountaineer Hockey Club 6:30 PM 5:45 PM Vail Mountaineer Hockey Club Vail Breakaways 5:45 PM 6:00 PM *Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club 6:00 PM 5:15 PM *Freestyle Skating *Vail Mountaineer Hockey Club VRD MITE Hockey 5:15 PM 5:30 PM Freestyle Skating Vail Mountaineer Hockey Club 5:30 PM 4:45 PM *Freestyle Skating VRD Girls' Hockey VRD MITE Hockey 4:45 PM 5:00 PM Freestyle Skating VRD Girls' Hockey VRD MITE Hockey 5:00 PM 4:15 PM *Jr. Prep Class Session 2 *VRD Girls' Hockey VRD MITE Hockey 4:15 PM 4:30 PM Jr. Prep Class Session 2 VRD Girls' Hockey VRD MITE Hockey 4:30 PM 3:45 PM *Freestyle Skating VRD MITE Hockey 3:45 PM 4:00 PM Freestyle Skating VRD MITE Hockey 4:00 PM 3:15 PM *Freestyle Skating 3:15 PM 3:30 PM Freestyle Skating VRD MITE Hockey 3:30 PM 2:45 PM *Freestyle Skating 2:45 PM 3:00 PM Freestyle Skating 3:00 PM 2:15 PM VRD Dobson Arena 2:15 PM 2:30 PM VRD Dobson Arena 2:30 PM 1:45 PM *VRD Dobson Arena 1:45 PM 2:00 PM VRD Dobson Arena 2:00 PM 1:15 PM Public Skating Stick & Puck Hockey Vail Mountaineer Hockey Club 1:15 PM 1:30 PM Vail Mountaineer Hockey Club 1:30 PM 12:45 PM Public Skating Stick & Puck Hockey Vail Mountaineer Hockey Club 12:45 PM 1:00 PM Public Skating Stick & Puck Hockey Vail Mountaineer Hockey Club 1:00 PM 12:15 PM Public Skating Stick & Puck Hockey 12:15 PM 12:30 PM Public Skating Stick & Puck Hockey *Vail Mountaineer Hockey Club 12:30 PM 11:45 AM Vail Mountaineer Hockey Club 11:45 AM 12:00 PM *Public Skating *Stick & Puck Hockey Vail Mountaineer Hockey Club 12:00 PM 11:15 AM *Vail Mountaineer Hockey Club 11:15 AM 11:30 AM Vail Mountaineer Hockey Club 11:30 AM 10:45 AM Vail Mountaineer Hockey Club 10:45 AM 11:00 AM 11:00 AM 10:15 AM Vail Mountaineer Hockey Club 10:15 AM 10:30 AM Vail Mountaineer Hockey Club 10:30 AM 9:45 AM *Vail Mountaineer Hockey Club 9:45 AM 10:00 AM Vail Mountaineer Hockey Club 10:00 AM 9:15 AM Vail Mountaineer Hockey Club 9:15 AM 9:30 AM 9:30 AM 8:45 AM Vail Mountaineer Hockey Club 8:45 AM 9:00 AM *Vail Mountaineer Hockey Club *Vail Mountaineer Hockey Club Vail Mountaineer Hockey Club 9:00 AM 8:15 AM Freestyle Skating 8:15 AM 8:30 AM *Vail Mountaineer Hockey Club 8:30 AM 7:45 AM Freestyle Skating 7:45 AM 8:00 AM *Freestyle Skating 8:00 AM 7:15 AM Freestyle Skating 7:15 AM 7:30 AM *Freestyle Skating 7:30 AM 6:45 AM Freestyle Skating 6:45 AM 7:00 AM *Freestyle Skating 7:00 AM 6:15 AM Freestyle Skating 6:15 AM 6:30 AM *Freestyle Skating 6:30 AM Mon, Jan 21 Tue, Jan 22 Sun, Jan 27 6:00 AM *Freestyle Skating 6:00 AM RINK 1 RINK 2 July 16, 2019 - Page 33 of 88 Expanded Event Calendar ●A new facility has the potential to increase the number of events and improve the diversity and quality of the events. ●A new facility will also address current challenges associated with set-up and take-down ●If technology can be incorporated to allow for one-day events (including set-up and take- down) ice time for local needs can be preserved ●Conversations with AEG indicate strong demand for events at this location if the new center could accommodate 4,000 to 5,000 people. Demand could range from an additional 16-20 events from mid-November to April and an additional 3-5 events during the summer months. ●VRD could expect to see additional revenue, based on expanded use of the facility. ●These types of events typically have a positive economic impact on the Town. July 16, 2019 - Page 34 of 88 Dobson Concert Event Economic Impact ●Total Attendees 5,000 ●Overnight Attendees 1,000 (20%) ●Average Stay 2 Days / 1 Night ●Average Daily Spending (Retail/F&B)$250/day/person ●Average Cost of Lodging $360/night ●Total Retail/F&B Spending $500,000 ●Total Lodging Spending (1.5 people/rm.)$240,000 ●TOV Sales Tax Revenue (4.0%)$20,000 ●TOV Lodging Tax Revenue (1.40%)$3,360 ●TOV Annual Revenue (10 events/yr.)$233,600 July 16, 2019 - Page 35 of 88 Overarching Questions A. How should the TOV consider costs related to deferred maintenance? ●Dobson –need for substantial maintenance in the (near) future ○(Town Hall has similar considerations) ●Costs –can be viewed in terms of total project costs or marginal cost to TOV ●Additional research to quantify base level investments needed B. How should the TOV view additional events? ●Potential benefits from diversification ○Wider range of activities within the community ○Broader appeal ●Potential dilution of the brand ○The success of Vail should be recognized ●Can a balance be found? July 16, 2019 - Page 36 of 88 Dobson Ice Arena Questions of TC: What role do we want Dobson to play ? •Predominantly ice w/limited event use, or •Predominantly ice w/additional recreation use, or •Ice and sized to accommodate special events/concerts •Something else Second sheet of ice? Other recreation uses within Civic Area? July 16, 2019 - Page 37 of 88 Dobson Ice Arena July 16, 2019 - Page 38 of 88 Dobson Ice Arena July 16, 2019 - Page 39 of 88 Dobson Ice Arena What role do we want Dobson to play ? •Predominantly ice w/similar event use, or •Predominantly ice w/additional recreation use, or •Ice and sized to accommodate larger special events/concerts •Something else Second sheet of ice? Other recreation uses within Civic Area? July 16, 2019 - Page 40 of 88 Multi-purpose events space What we’ve heard . . . . Options/Ideas Economic Considerations/O&M/etc. Public/Private venture Location July 16, 2019 - Page 41 of 88 Multi-purpose events space Charter Bus Lot What we heard •Key site to “stitch the civic area together” •Improve connectivity •Improve utilization of the site July 16, 2019 - Page 42 of 88 Multi-purpose events space Charter Bus Lot 58.2% 34% 7.6% 46.8% 26.5% 26.5% 52.6% 29.3% 18% July 16, 2019 - Page 43 of 88 Multi-purpose events space Muni Site What we heard •Partial or full redevelopment •Major improvements needed •Improve/add parking •Re-locate uses •Housing opportunities July 16, 2019 - Page 44 of 88 Multi-purpose events space Muni Site 54.5% 40.4% 5.1% 46.6% 17.1% 36.2% 31.3% 24.9% 45.1% July 16, 2019 - Page 45 of 88 Multi-purpose events space Stakeholder Input Vail Economic Advisory Council Commission on Special Events Vail Local Marketing District Advisory Council Bravo!Vail July 16, 2019 - Page 46 of 88 Multi-purpose events space July 16, 2019 - Page 47 of 88 Multi-purpose events space July 16, 2019 - Page 48 of 88 Multi-purpose events space Charter Bus Lot •Central location •Scale of conference/hotel •Contribution to civic space •Impact on other potential uses at Charter Bus lot •Access off SFR •Vail International Municipal Site •Connectivity/SFR challenges •Scale of conference/hotel •Allows for other opportunities at Charter Bus lot July 16, 2019 - Page 49 of 88 Multi-Use Event Space The Opportunities July 16, 2019 - Page 50 of 88 Multi-Use Event Space Is there Market Support for a Multi-use Event Space? ●Yes. ●Local group-meeting operators indicate unmet demand. ●The Vail Local Marketing District Advisory Council indicates sufficient market support. ●Given complexities, an updated feasibility study --with a focus on economic subsidy --should be completed. Will it be Economically Viable? ●Not without public support. ●Publicly Owned and Funded Option: ○Requires significant capital funding ○Requires annual outlay of $1.4M to subsidize operations ○Fiscal benefit could be $1.5M annually ○Risk of operations falls to the Town ○PIF and/or dedicated lodging tax and/or DDA likely required ●Privately Owned and Funded Option: ○Additional research shows more realistic understanding ○Expected to require contribution of free land ○May require portion of TIF to offset capital costs ○No annual operating subsidy ○Fiscal benefits comparable, at $1.5M annually ○Risk of operations falls to private operator ○DDA likely required July 16, 2019 - Page 51 of 88 Hotel Update Is there Market demand for an additional hotel in Vail? ●Yes, depending on price point. ●Luxury product in demand, with market niche willing to pay for high quality product ●Below luxury, the field becomes more crowded ●Entitlements pertaining to EverVail a significant factor ●Large segment of condominiums imperative ●Important difference between hotel flags and hotel developers July 16, 2019 - Page 52 of 88 Vail Local Marketing District Advisory Council Statement ●“It should include but not be limited to one 21,000 square foot room…with adjacent pre- function spaces, back of house production facilities, outdoor venues, kitchen facilities and small (20-60 person) meeting rooms that supplement larger programs.” ●“Without a multi use facility such as this, Vail and local lodges are losing large scale groups and events to other resorts with more user friendly, flexible facilities.” July 16, 2019 - Page 53 of 88 Proposed Development Program Vail Local Marketing District Advisory Council Statement Comments: ●“Create a single, flexible, scalable and adaptable, multi purpose, fully integrated state-of-the-art indoor event facility to complement existing Vail assets and businesses to grow revenue, especially during low demand periods.” Key Features Requested: ●“30,000 square feet of flexible, integrated, multi-use event space to accommodate up to 1,500 -2,000 guests at one time (21,000 square foot ballroom) ●Financially sustainable model for build and maintenance over the long term. ●Facility should be run by a professional enterprise in partnership with the town. ●Central location between Vail Village and Lionshead (current Dobson or Charter Bus lot sites).” July 16, 2019 - Page 54 of 88 Existing Conference Space and Lost Events Facility Lodging Rooms Total Function Space (Sq. Ft.)1 Largest Ballroom Space (Sq. Ft.) Max Single Room Banquet Capacity SF per Capacity Vail Cascade Resort and Spa 292 21,555 5,940 490 12.12 Park Hyatt Beaver Creek 274 16,350 8,631 710 12.16 Ritz-Carlton 237 14,040 7,200 600 12.00 Vail Marriott Mountain Resort & Spa 344 13,736 8,286 690 12.01 Manor Vail Resort 144 8,710 3,496 290 12.06 Lodge at Vail 165 7,433 5,424 450 12.05 Evergreen Lodge 128 5,936 1,942 160 12.14 Lion Square Lodge 118 5,380 3,070 250 12.28 Sonnenalp 90 4,820 4,265 350 12.19 Sebastian 84 8,500 3,808 350 10.88 Four Seasons 97 8,480 3,530 300 11.77 Average 179 10,449 5,054 422 11.97 Proposed Facility 225 30,000 16,000-21,000 1,333-1,750 12.0 1Excludes prefunction space terraces, outdoor space, and hallways Source: Respective facilities and HVS; Economic & Planning Systems Category of Attendance Events Lost % Total Less than 500 42 31.6% 500 to 999 64 48.1% 1,000 to 1,499 18 13.5% 1,500 to 2,000 5 3.8% Over 2,000 4 3.0% Total 133 100.0% Source: Vail Valley Chamber & Tourism Bureau; HVS; Economic & Planning Systems Existing Space Summary Lost Events Location Largest Ballroom Location Location Largest Ballroom Location North Lake Tahoe 4,800 Event Center Sun Valley 8,470 Sun Valley Inn Park City/Deer Valley 5,882 Park City Marriott Beaver Creek/Avon 8,631 Park Hyatt BC Telluride 6,069 Conference Center Banff 10,440 Conference Center Steamboat 6,300 Sheraton Steamboat Aspen/Snowmass 10,823 Westin Snowmass Breckenridge 7,200 Beaver Run Whislter 16,500 Conference Center Copper Mountain 7,776 Conference Center Keystone 19,800 Conference Center Vail 8,286 Vail Marriott Competitive Set Report July 16, 2019 - Page 55 of 88 Multi-purpose events facility Questions of TC: Does a multi-purpose events space have a place in the Civic Area Plan? Implementation –Town funded or P3? Charter Bus Lot or Town Hall site? July 16, 2019 - Page 56 of 88 Wrap-up What are your priorities for the Civic Area? July 16, 2019 - Page 57 of 88 Next Steps August 6th •Present refined master plan concepts July 16, 2019 - Page 58 of 88 1 Tammy Nagel From:Robert Boselli <bob@obosent.com> Sent:Monday, July 1, 2019 2:38 PM To:Council Dist List Subject:Civic Area Plan - 5.1 - Town Council July 2nd Vail Town Council‐    Happy Independence Week to all of you – I Love our Country & our Town.    This email is to show support from a business owner in the Town of Vail on the need for a  multi‐use facility to boost low demand periods, provide economic growth opportunities, and  keep Vail competitive on a 12 month basis.  Vail has had a competitive disadvantage versus  our competitive set (Aspen, Keystone, etc..) in having large space that can be used multi‐ purposely.    This Civic Area renaissance gives you the Town Council the ability to improve Vail like it  hasn’t been in over 30 years – specifically within areas that the Town controls.  Please take  this opportunity seriously and it’s my opinion that the timing is now – we should not wait to  see these improvements happen.    Thank you for considering my comments – Happy Independence Day,    Bob Boselli – Owner  O’Bos Enterprises, LLC  Vail Style  Covered Bridge Store  Vail T‐shirt Company  Generation Vail  970‐977‐0158          July 16, 2019 - Page 59 of 88 July 10, 2019 Town of Vail Council Matt Gennett and the Community Development Department Civic Area Plan Process Committee Dear Matt, Town of Vail Council and the Civic Area Plan Process Committee, Now that the Civic Area Plan is well underway this letter serves as a follow up from our stakeholder group, “Friends of Dobson” and our previous communication. This group consists of a variety of participants that have specific, regular and long standing experience with the Dobson Ice Arena. We represent and have the support of adult hockey, youth hockey, Vail Mountaineer Hockey Club, Skate Club Vail, the figure skating community, Vail Yeti Hockey and other smaller user groups. Our representation also includes Vail residents, Vail business owners, Vail workers and employees. We highly encourage you to be Bold, Ambitious and Forward Thinking in your leadership opportunity and responsibility as you endeavor the best option for the Civic Area Plan. We agree with the mindset spoken at the recent Vail Joint Economic meeting, "Go BIG or Go Home! " Our 4 key conclusions: 1. Investment creates Demand and Opportunity - TOV and VRD have invested in 40 years of development and programming at Dobson. Not surprisingly, these proven programs and demand by both local groups AND destination groups have grown beyond our 40 year old (Dobson) facility. Further Demand Opportunities:  Current ice programs would like to recruit more participants but cannot due to limited ice time and space to execute the programming. This includes youth hockey, adult hockey leagues and figure skating programs.  New programming (ie: broomball, curling, ice programs or learn to skate at different levels) is difficult to add and develop due to limited ice time. 2. Full redevelopment of Dobson - This is needed due to an aging facility, deferred and upcoming maintenance, and growth in our local AND resort community. We have recommended components such as: seating for 1500+ people, expanded food and beverage, lobby/waiting room, box office, weight and training room updated technology and security, offices and meeting rooms and a second sheet of ice. -We do not recommend putting a "band aid" on Dobson with a new West entrance, small perimeter expansions or minor enhancements. -Dobson's central location in Vail should be capitalized upon for the benefit of our community. -Dobson, redeveloped as a multi use facility, is not a conference center. July 16, 2019 - Page 60 of 88 Page 2 Further Demand Opportunities:  Destination groups primarily need a large facility between April and November when our community also has greater needs due to lower occupancies.  New destination groups will use Dobson due to a larger capacity, improved functionality and technology.  Dobson needs non ice users and events to compliment it's financial model.  Adaptable, changeable and flexible seating, ice coverage and space modifications will be key to new programming and utilization. 3. There is a need for a 2nd sheet of ice - Enhancements to Dobson as a multi use facility is ONLY logical if they include a 2nd sheet of ice for the continuation of existing ice programs. Simply developing Dobson into a better venue for other non ice related events such as gatherings, meeting s, concerts and special events would only take away ice usage. -We do not recommend Olympic ice but rather Regulation (NHL) ice (in both facilities). -A second sheet of ice can be below grade for maximum development of other amenities above grade. Further Demand Opportunities:  Ice programs that need 2 sheets of contiguous ice such as figure skating competitions, hockey tournaments, hockey camps. There are group opportunities today that would bring those programs to Vail with 2 sheets of ice.  Mountain Recreation is awaiting the TOV decision on a 2nd sheet of ice. We have the BEST opportunity to improve our ice facility and add to it with our premium location and current momentum in ice programming. 4. Economics - Destination guests AND local residents support the Vail economy through their spending, visits, and overnight stays. Our current Dobson users are a proven and known entity. Our future redeveloped Dobson users will provide new and expanding opportunities to grow our economy and programming. Further Demand Opportunities:  Opportunity to design an iconic space that continues to be a signature of Vail and a draw.  Programming such as exhibitions, gatherings, camps, recreation (ie: volleyball, pickleball, yoga, etc) may dictate Dobson's ice to be covered for extended time periods which would be driven by economics and programming.  Dobson will compliment but will not compete with our Vail stakeholders such as hotels, retail, restaurants. Thank you for your on going consideration. This is a very exciting opportunity for Vail to expand it's assets and leadership position. Respectfully, Friends of Dobson Contact: Laurie Mullen, lmullen@westvail.com or 970-376-5639 July 16, 2019 - Page 61 of 88 July 16, 2019 - Page 62 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 10 S eries of 2019, Second Reading, A n Ordinance Repealing and Reenacting Chapter 8 of Title 4 of the Vail Town Code, Regarding S olicitation P RE S E NT E R(S ): Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications or deny Ordinance No.10, Series 2019, upon second reading. B AC K G RO UND: Ordinance No.10, Series 2019, is a housekeeping ordinance amending the Town's solicitation regulations to bring the Town Code up to date with the current state of law regarding solicitation. S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications or deny Ordinance No.10, S eries 2019, upon second reading. AT TAC H ME N TS: Description Ordinance 10 July 16, 2019 - Page 63 of 88 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX ORDINANCE NO. 10 SERIES 2019 AN ORDINANCE REPEALING AND REENACTING CHAPTER 8 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SOLICITATION NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 SOLICITATION 4-8-1: DEFINITIONS For purposes of this Chapter, the following terms shall have the following meanings: CRIMES OR ACTS OF VIOLENCE AGAINST THE PERSON: Homicide, attempted homicide, rape, attempted rape, sexual assault, assault, battery, and other similar felonies involving moral turpitude. CRIMES OR ACTS OF VIOLENCE AGAINST THE PROPERTY OF ANOTHER: Theft, burglary, breaking and entering, larceny, and other similar felonies involving moral turpitude. SOLICITATION: To enter or remain upon any private property in the Town, not having been requested or invited by the occupants thereof for the purpose of contacting said occupants to solicit the immediate or future purchase or sale of goods, services, or any other thing of value, or to solicit a gift or donation of any kind; or to occupy public property for the purpose of contacting passersby to solicit the immediate or future purchase or sale of goods, services or any other thing of value, or to solicit a gift or donation of any time; provided, however, that solicitation does not include political canvassing, political advocacy, or religious proselytizing. 4-8-2: SOLICITATION: A. Permit Required. No person may engage in solicitation in the Town without first obtaining a solicitation permit. Each permittee shall carry the solicitation permit and his or her personal identification at all times while engaging in solicitation and shall present such identification and permit upon request of any person. Permits may not be transferred from person to person. July 16, 2019 - Page 64 of 88 2 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX B. Application. Each applicant for a solicitation permit shall file with the Town Clerk an application including the following information, in addition to the application fee established by resolution of the Town Council: 1. The full name, residence address, mailing address, and telephone number of the applicant; 2. A description of the applicant, including height, weight, eye color, and hair color; 3. The number and state of issuance of any state-issued identification card issued to applicant, including a state motor vehicle operator's license or chauffeur's license; 4. A brief explanation of the nature of the merchandise to be sold or other activity requiring a solicitation permit under this Article; and 5. An authorization for the Town Clerk to conduct a background check of the applicant. C. Grounds for Denial. Unless the Town Clerk finds grounds for denial, the Town Clerk shall issue the solicitation permit within seven (7) days of receipt of a complete application. The Town Clerk may deny the application for the following reasons: 1. Failure to comply with any provision of this Code; 2. Felony convictions for crimes against the person or property of another, or institutionalizations for mental illness which caused acts of violence against the person or property of another; provided, however, that such felony convictions or institutionalizations occurred within five (5) years preceding the date of application; or 3. Convictions of any crime committed while engaged in solicitation in the Town. D. Notice and Appeal. If the Town Clerk denies the application, the Town Clerk shall notify the applicant in writing, stating the reasons for the denial, and shall mail such notice by regular United States mail to the address provided on the application. Within seven (7) days of the date of mailing such notice, the applicant may file a written request for an appeal to the Town Manager. The Town Manager shall hear and decide such appeal within thirty (30) days of receipt of the appeal request. At the appeal, the applicant shall be entitled to be heard and present evidence. The Town Manager’s decision on the appeal shall be final, subject to judicial review. E. Expiration. Each permit shall expire one (1) year from the date of issuance. July 16, 2019 - Page 65 of 88 3 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX F Revocation. If after issuance of a permit, the Town Clerk finds that any of the grounds stated in subsection (C) hereof exist, the Town Clerk shall revoke the permit and provide written notice to the permittee of such action. The permittee may appeal the Town Clerk's decision in the manner set forth in subsection (D) hereof. G. Permissible Times. Solicitation is prohibited before 8:00 a.m. or after the later of 8:00 p.m. or sunset, as announced and published by the National Weather Service daily. H. Signage. Any person may post a sign on his or her property indicating that the owners or occupants do not wish to be disturbed by solicitation. Such sign shall state, "No Trespassing," "No Solicitors," or other similar message indicating that door-to-door solicitation is not authorized, and shall not exceed two and one-half (2½) square feet in area. Such sign shall be allowed in addition to the number and types of signs permitted by Title 11 of the Vail Town Code. Solicitation at any property at which such a sign is posted is a violation of this Chapter. I. Public Streets and Rights-of-Way. No person shall conduct any solicitation on or in any public street or right-of-way in the Town, provided that this subsection shall not apply to persons selling taxicab or pedicab services or horse drawn conveyance rentals on the streets or rights-of-way in the Town where such vehicles are permitted to operate. 4-8-3: DOOR HANGERS: No person other than a Town employee shall fasten or deposit in any manner any notice, poster, or other advertising or promotional material upon private property, including personal property, without having permission to do so from the owners or occupants of such property. Permission to so fasten or deposit such materials shall be implied from the presence of an improved walkway, including a driveway, connecting such property directly to a public right-of-way, unless: 1. Access to such walkway is physically restricted by a fence, gate, or other permanent structure; or 2. A "No Trespassing" or "No Solicitors" sign or a sign conveying a similar message is posted on the property at a visible location. 4-8-4: VIOLATION AND PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be punished as provided in Section 1-4-1 of this Code. July 16, 2019 - Page 66 of 88 4 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX 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 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 3. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 2nd day of June 2019 and a public hearing for second reading of this Ordinance is set for the 16th day of June, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 16, 2019 - Page 67 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 11, S eries of 2019, Second Reading, A n Ordinance Amending S ections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17, 12-7I -17 of the Vail Town Code, and Adding New S ections 12-7A-16 and 12-7J -15 to the Vail Town Code, to Clarify the P ermitted L ocation of B usiness Activities in Commercial, B usiness and Mixed Use Zone Districts. P RE S E NT E R(S ): J onathan S pence, Community development Planner and Matt Mire, Town A ttorney AC T IO N RE Q UE S T E D O F C O UNC I L: Approve, approve with modifications, or deny Ordinance No. 11, Series of 2019, upon second reading. B AC K G RO UND: This is a request to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. T he proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than P ublic Accommodation (PA) and P ublic Accommodation-2 (PA -2), to further clarify the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. S TAF F RE C O M M E ND AT IO N: On J une 24, 2019, the P lanning and E nvironmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a P rescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts. AT TAC H ME N TS: Description Staff Memorandum Ordinance No. 11, Series of 2019 Attachment B. Staff Memorandum, P E C18-0039, June 24, 2019 Attachment C. P E C Minutes, June 24, 2019 (in part) July 16, 2019 - Page 68 of 88 TO: Vail Town Council FROM: Community Development Department DATE: July 16, 2019 SUBJECT: Second reading of Ordinance No. 11, Series of 2019, an ordinance for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) Applicant: Matt Mire, Town of Vail Planner: Jonathan Spence I. SUMM AR Y This is a proposal to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. It is the intent of this proposed amendment to clarify that this type of activity is not permitted. On June 24, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts. Please find the staff memorandum to the PEC included as Attachment B and the draft minutes from the June 24th meeting included as Attachment C. On July 2, 2019 the Vail Town Council unanimously approved Ordinance No. 11, Series of 2019 on first reading. II. ACTION REQUESTE D OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modif ications, or deny Ordinance No. 11, Series of 2019, upon second reading. III. DESCRIPTION OF THE REQUEST This is a request to clarify and codify the permitted location for business activities in the July 16, 2019 - Page 69 of 88 Tow n of Vail Page 2 commercial, business and mixed use zone districts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Accommodation (PA) and Public Accommodation-2 (PA-2), to further clarify the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. IV. PROPOSED TEXT AMENDMENT Sections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17 and 12- 7I-17 are proposed to be modified as follows (new language in bold): Proposed Language: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12- XX-Z through 12-XX-Z shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. The revised language (paragraphs A and B above, in their entirety) is also proposed to be incorporated into Articles A and J (Public Accommodation (PA) and Public Accommodation-2 (PA-2) which currently do not have language concerning locations of business activity. V. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Town Council must consider before approving a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing the business community on acceptable locations for business activity. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, July 16, 2019 - Page 70 of 88 Tow n of Vail Page 3 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. 12-1-2 B 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. Staff finds this criterion to be met. 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 The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code regarding the regulation of business activity location in recognition of its effects on the Town’s residents and guests. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: • Goal # 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan: • Goal #2: To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. • Goal #3: to recognize as a top priority the enhancement of the walking experience throughout the Village Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a need to further clarify the existing regulation in light of recent business activity. The amendment builds upon the existing regulation, providing the July 16, 2019 - Page 71 of 88 Tow n of Vail Page 4 business community with a clear understanding of acceptable locations for business activity. Staff finds this criterion to be met. 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 proposed text amendment provides a clear understanding of acceptable locations for business activity providing a workable relationship between business operations and the enjoyment of our residents and guests within the commercial and mixed use areas of the community. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.11, Series of 2019, upon second reading, the Community Development Department recommends the Council pass the f ollowing motion: “The Vail Town Council approves, on second reading, Ordinance No. 11, Series of 2019, an ordinance for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto” Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2019, the Community Development Department recommends the Council make the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated June 24, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible w ith and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of July 16, 2019 - Page 72 of 88 Tow n of Vail Page 5 the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATT ACHMENTS A. Ordinance No. 11, Series of 2019 B. Staff Memorandum, PEC19-0021, June 24, 2019 C. PEC Minutes, June 24, 2019 (in part) July 16, 2019 - Page 73 of 88 ORDINANCE NO. 11 SERIES 2019 AN ORDINANCE AMENDING SECTIONS 12-7B-18, 12-7C-14, 12-7D- 11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17, 12-7I-17 OF THE VAIL TOWN CODE, AND ADDING NEW SECTIONS 12-7A-16 AND 12-7J-15 TO THE VAIL TOWN CODE, TO CLARIFY THE PERMITTED LOCATION OF BUSINESS ACTIVITIES IN COMMERCIAL, BUSINESS AND MIXED USE ZONE DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7B-18 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7B-18: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12-7B-2 through 12-7B-5 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 2. Section 12-7C-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7C-14: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by Section 12-7C-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 74 of 88 B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 3. Section 12-7D-11 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7D-11: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 4. Section 12-7E-13 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7E-13: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. 2 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 75 of 88 Section 5. Section 12-7F-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 2-7F-14: LOCATION OF BUSINESS ACTIVITY: All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. Section 6. Section 12-7G-12 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7G-12: LOCATION OF BUSINESS ACTIVITY: All offices, businesses, and services permitted by Section 12-7G-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and such other activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. Section 7. Section 12-7H-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted in the LMU-1 zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. 3 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 76 of 88 Section 8. Section 12-7I-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7I-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted in the LMU-2 zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 9. Article A of Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of the following new Section 12-7A-16: 12-7A-16: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 10. Article J of Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of the following new Section 12-7J-15: 12-7J-15: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted 4 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 77 of 88 parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 11. 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 12. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 13. 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 2nd day of July, 2019 and a public hearing for second reading of this Ordinance is set for the 16th day of July, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 5 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 78 of 88 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of July, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 6 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 16, 2019 - Page 79 of 88 TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 24, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) Applicant: Matt Mire, Town of Vail Planner: Jonathan Spence I. SUMMARY This is a proposal to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. It is the intent of this proposed amendment to clarify that this type of activity is not permitted. Based upon staff’s review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Accommodation (PA) and Public Accommodation-2 (PA-2), to further clarify the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. Please see Section V of the report for the existing and proposed language. July 16, 2019 - Page 80 of 88 Town of Vail Page 2 III. BACKGROUND Since the adoption of the first comprehensive zoning regulations in the Town of Vail in 1973, the Town has restricted business activity to be operated and conducted entirely within a building with the exception of permitted unenclosed parking and loading areas or the outdoor display of goods. This restriction has a significant beneficial effect on the community character within the commercial, business and mixed use areas by prohibiting business activity inconsistent with the Vail Brand. These prohibited activities include vending, hawking and the solicitation of sales. The Town of Vail permits types of business activity that is traditionally not conducted within a building through the Special Events process. With the exception of the Public Accommodation (PA) and Public Accommodation-2 (PA- 2) zone districts, all commercial, business and mixed use zone districts have identical language concerning the location of business activity. It is believed that the omission in the PA and PA-2 Districts is in error. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. While the Town Attorney believes existing regulations address this, it is the intent of this proposed amendment to further clarify that this type of activity is not permitted. IV. APPLICABLE PLANNING DOCUMENTS Title 12 – Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the July 16, 2019 - Page 81 of 88 Town of Vail Page 3 property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENT Sections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17 and 12-7I-17 are proposed to be modified as follows (new language in bold): Proposed Language: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12-XX-Z through 12-XX-Z shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. The revised language (paragraphs A and B above) are also proposed to be incorporated into Articles A and J (Public Accommodation (PA) and Public Accommodation-2 (PA-2) which currently do not have language concerning locations of business activity. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing the business community on acceptable locations for business activity. This text amendment meets the following purposes of the zoning regulations: July 16, 2019 - Page 82 of 88 Town of Vail Page 4 12-1-2 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. 12-1-2 B 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. Staff finds this criterion to be met. 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 The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code regarding the regulation of business activity location in recognition of its effects on the Town’s residents and guests. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: • Goal # 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan: • Goal #2: To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. • Goal #3: to recognize as a top priority the enhancement of the walking experience throughout the Village Staff finds this criterion to be met. July 16, 2019 - Page 83 of 88 Town of Vail Page 5 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a need to further clarify the existing regulation in light of recent business activity. The amendment builds upon the existing regulation, providing the business community with a clear understanding of acceptable locations for business activity. Staff finds this criterion to be met. 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 proposed text amendment provides a clear understanding of acceptable locations for business activity providing a workable relationship between business operations and the enjoyment of our residents and guests within the commercial and mixed use areas of the community. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto.” July 16, 2019 - Page 84 of 88 Town of Vail Page 6 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated June 24, 2019 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 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. July 16, 2019 - Page 85 of 88 PLANNING AND ENVIRONMENTAL COMMISSION June 24, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Present: Pam Hopkins, Brian Stockmar, Brian Gillette, Rollie Kjesbo, John-Ryan Lockman, Ludwig Kurz Absent: Karen Perez 2. Site Visits 2.1. 4214 Columbine Way, Unit 6 - Moore Residence 2.2. 3700 North Frontage Road East - Booth Heights Neighborhood 3. Main Agenda 3.3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19- 0021) 15 min. Applicant: Town of Vail Planner: Jonathan Spence Motion: Recommend Approval First: Kurz Second: Lockman Vote: 6-0-0 Planner Spence introduced by explaining that the Town Council reached out to the town Attorney (Mire) for this proposal. His proposal is in front of the PEC now. The town does not allow for solicitation or “hawking” outside of retail businesses. The town currently prohibits this in the code, but this proposal strengthens this provision by preventing this form of solicitation from happening within a business doorway. This also addresses a perceived oversight in two mixed use districts by adding language present in other commercial zone regulations. Lockman: Asked a question about the nature of the problem. Spence explained by using an existing beauty shop as an example. Kurz: How will this be enforced? July 16, 2019 - Page 86 of 88 Spence: Explained how staff reaches out to code enforcement, issues a warning, and will later issue a fine if compliance is not reached. Public Comment: None July 16, 2019 - Page 87 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 8:30 p.m. (estimate) July 16, 2019 - Page 88 of 88