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HomeMy WebLinkAbout2021-03-22 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl March 22, 2021, 1:00 PM Virtual 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom. us/webinar/register/W N_QJ ybkNzgQ2eMGMYxH6FEOg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, John - Ryan Lockman, Pete Seibert, Henry Pratt Absent: None Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 90 min. Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates Planner Gates gives a presentation on the item. He details the process staff has been through including the public outreach that was done as part of the process leading up to the meeting and who attended. The background on why the sign code is going through a rewrite is explained. It is based on the Supreme Court decision from Reed vs. Town of Gilbert. He then goes through the changes in different sections of the code. Gillette asks why we didn't do specific signage for theaters as we did for restaurants. Gates answers that since we currently don't have a theater, we decided not to open the Town to the liability. Gillette says that he believes that there could be one in the future, so why not do something similar. Gates says we can reevaluate the signage for theaters. Gillette asks where we are with real estate signs. Gates responds that we have to allow it as part of the temporary signs. It can be out there a maximum of 45 days Gillette thinks that is a problem and would detract from the quality of the neighborhood. It is a good rule to not allow them and we should maintain the prohibition. Planning Manager, Jonathan Spence, says that we can't outlaw them with the new case decision. Seibert mentions that realtors don't think they're allowed now and people go on their phone now a days instead of looking for signs. Gillette says we used to only have them from out of jurisdiction brokers who didn't know the rules, but once you have one, you'll have another and another. We should limit size and time limit at least. Seibert and Kurz agrees. Spence adds that staff will review with the Town Attorney on the extent we can narrow the time or size to allow the least for these uses. Adds that staff has to walk a line with what we can legally allow or not allow. Gillette says we should do as much with the regulations and try to reach out to realtors to get them to self -regulate in this area. Spence agrees and said staff would like to get with the Board of Realtors to do outreach and talk to them. Seibert says he could help with that and cautions that when the word gets out that they are allowed in any capacity you will not know what you will get. Asks how many days they can be out, what the timing will be, etc. Gates responds that it is tricky to enforce, but that we do a 45 day limit per sign per year for any temporary signs. Perez notes that this decision was in 2015, and has staff looked back to see if anything approved since 2015 that would be in violation? Gates responds that we have not looked back, but it may have happened as we have been enforcing the current sign code we have. Spence adds that the change is more how we define signs rather than substantive changes to the signs. Perez asks if we will be creating nonconformities with this change. Gates and Spence respond that no, staff does not believe there is many signs that will be non -conforming from this change. They could not think of an example of one that would. Kurz asks if there is a deadline to get this done, or if the act of processing the change is enough to hold off litigation? Gates says we don't have a deadline but the sooner we get this changed the sooner we are out of any potential issues. Pratt asks what the affect this will have of political signs on town -owned properties or other properties. Gates says that signs off property, or on another person's/entities property is not allowed. Political signs are tricky in general. Pratt says that it happens still and they are there every year. Spence notes that they are a legal hot bed and that if there are concerns on political signs on town property or rights-of-way to contact the Town Manager. No public comment Planner Gates can be reached for comments at egates@vailgov.com for anyone that has comments or questions on this topic. Brian Gillette moved to continue to April 12, 20251. Pete Seibert seconded the motion and it passed (7-0). 2.2. A request for a recommendation to the Vail Town Council for a zone district 2 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Karen Perez moved to continue to April 26, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for a recommendation to the Vail Town Council for an amendment 2 min. to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-00010) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Rollie Kjesbo moved to continue to April 26, 2021. Brian Gillette seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. March 8, 2021 PEC Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (7-0). 4. Adjournment Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it failed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Register in advance for this webinar: https:Hus02web.zoom.us/webinar/reciister/WN QJyUkNzgQ2elVlQlVlYxH6FE0q After registering, you will receive a confirmation email containing information about joining the webinar. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 22, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) ATTACHM ENTS: File Name Description PEC20-0032 Staff Memorandum 3-22.odf PEC20-0032 Staff Memorandum [Attachment Al Ordinance No. XX Series of 2021 Sign Code Uodate.odf [Attachment A] Draft Ordinance [Attachment Bl Ski Base Areas - 20201030 v3.pdf [Attachment B] Ski Base Sign Overlay [Attachment Cl Vail Sign Code Detailed List of Changes.pdf [Attachment C] Detailed List of Changes 0 rowN of vaiL') Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 22, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail requests the review of a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes. This first PEC meeting is intended to be primarily informational with the purpose of describing the proposed changes to the existing sign code. Staff highlight the most substantive changes to the existing code and changes that have occurred since the community engagement meetings last fall. Staff will also ask for broad feedback from the PEC in response to these changes, with more detailed questions to be addressed at follow-up meetings. Staff has included an analysis of the review criteria in Section VI of this memorandum, but the Community Development Department requests this item to be continued to the April 12, 2021 PEC meeting. II. BACKGROUND/SITUATION TO BE ADDRESSED On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. The majority opinion of the Court held that all content -based sign code regulation, regulation that requires one to read the content of a sign's speech in order to determine how it is regulated, is subject to strict scrutiny in court. Strict scrutiny for a regulation would require a government to show that the regulation both furthers a compelling government interest and is narrowly tailored to further a government interest; this level of review is usually fatal to the regulation in question. The Court also held that speaker distinctions in sign codes, regulations that apply to a specific speaker or type of speaker, may be subject to strict scrutiny if the distinction is reflective of a content preference by the governing entity. The SCOTUS decision generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. However, the decision left a few open questions in regard to what can and can't be safely regulated. Namely, whether on -premise vs. off -premise distinctions are content neutral, if time restrictions on signs for one-time events are content neutral, and whether the same level of scrutiny applies to content regulations for commercial signs as it does to noncommercial signs. These questions are likely to have more concrete answers as they are heard in lower courts following the Reed v. Town of Gilbert decision. Regardless, in the wake of this decision many municipalities across the United States have moved to update their sign codes to remove content distinctions in their regulations wherever possible, and to reduce on -premise vs. off -premise distinctions and commercial content regulations as much as is manageable. In 2019, Staff began to examine Vail's sign code in detail in order to identify problematic regulations for adjustment or removal. Staff researched other municipalities that had updated their regulations and academic reviews of the Reed v. Gilbert case in order to assist in rewriting regulations. In late September and early October of 2020, three engagement meetings were held virtually in order to discuss the proposed changes to the Title 11 sign code. These meetings were not highly attended, but the proposed changes were generally well received by those in attendance. Following these meetings, the updated proposed sign code was reviewed by the Town Attorney who provided further recommendations for adjustments. Changes proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible and "clean up" the code by removing redundant or irrelevant definitions and regulations. The new sign code in the form of a repeal and replace ordinance (Attachment A), the proposed Ski Base Overlay sign district map (Attachment B), and a line -by-line breakdown of the proposed changes from the existing sign code (Attachment C) are attached for review. III. PROPOSED TEXT AMENDMENT LANGUAGE Various changes are proposed for nearly every chapter of the Title 11 sign code. Please see Attachment A for the new proposed sign code language and Attachment C for how the changes present in the proposed sign code relate to the existing sign code language. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications are reviewed by the Planning and Environmental Commission and the Commission forwards a recommendation to the Town of Vail Page 2 Town Council. The Town Council then reviews the text amendment application and makes the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code, however it is common practice for the Design Review Board to weigh in on amendments that would have an impact on the overall appearance of the Town. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Prescribed Regulations Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 11, Sign Regulations, Vail Town Code CHAPTER 11-1, DESCRIPTION, PURPOSE, AND APPLICABILITY (in part) Section 11-1-2: Purpose.- A. urpose: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes.- Town urposes:Town of Vail Page 3 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT (in part) Section 12-3-7: Amendment.- A. mendment: 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. nitiation: 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 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. C. Criteria And Findings.- 2. indings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental Town of Vail Page 4 commission and town council shall consider the following factors with respect to the requested text amendment.- (1) mendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations, and (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 (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 napplicable,and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (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. VI. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed sign code update furthers the general and specific purposes of the zoning regulations by making regulations more fair and consistent through the removal of most content and speaker -based distinctions. The sign code update ultimately allows for a greater degree of freedom and creativity in sign design as a result of this effort as well. While the proposed update removes much of the Town's ability to control the actual content of a sign itself, the update generally preserves Town of Vail Page 5 current signage area and number allowances, thereby preventing unnecessary clutter. Staff finds that this criterion has been 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 While little of the Vail comprehensive plan speaks directly about signage, it can be inferred that this proposed update overall helps to achieve the applicable goals, objectives, and policies of the comprehensive plan. A common theme in Vail's documents that make up the comprehensive plan speak of the need to preserve the existing character of the town. For example, a goal in the Vail Land Use Plan it states: 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.) These elements of ambiance mentioned above can still be regulated in the town's signs through size constraints, number constraints, material constraints, lighting constraints, and location constraints without having to enforce content distinctions. Staff finds that this criterion has been met. 3. 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 Vail's sign code has had one minor update, relating to Ski Base Area Signs, since 2010. This means that the majority of the town's sign code was written well before the SCOTUS determination in Reed v. Town of Gilbert. Because of this, much of the existing sign code was written in a regulatory landscape that no longer exists. Prior to 2015, though not universally, content distinctions in sign codes were often subject to intermediate scrutiny at worst and successfully justified through purposes that claimed no favoritism for any particular viewpoint or speaker. While these purposes are still important to sign code regulations, content -based regulations now require a significantly higher burden of proof from local governments to show that these regulations are furthering a compelling government interest and constitutional. For many content -based regulations this is not feasible, if not impossible. Staff finds that this criterion has been met. Town of Vail Page 6 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed regulations should not significantly increase clutter in Vail via signage, and the regulations do not limit the town's ability to regulate signage size or location. These changes to the sign code should have no impact on other land use regulations. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VIII. STAFF RECOMMENDATION The Community Development Department makes no recommendation for this item at this time, and instead asks that PEC20-0032 be continued to the April 12, 2021 Planning and Environmental Commission meeting. IX. ATTACHMENTS A. Draft Ordinance B. Ski Base Area Overly Map C. Detailed Changes from the Existing Sign Code Town of Vail Page 7 ORDINANCE NO. XX Series of 2021 AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT UPDATED SIGN REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO... WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town has determined that amendments to the Vail Town Code are necessary to ensure, among other things, that the Town's sign regulations are consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a properly noticed public hearing on the proposed amendment on XXXX, 2021 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its XXXX, 2021 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 11, Sign Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY 11-1-1: DESCRIPTION: This title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as title 11 of this code. 11-1-2: PURPOSE: A. General Purpose: This Title is enacted for the purpose of promoting the health, safety, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of signs in the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: This Title is intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 5. To preserve freedom of expression in the Town of Vail. C. This Title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-3: APPLICABILITY: Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the Town of Vail are subject to the design guidelines and standards (chapter 5 of this title) and design review. 11-1-4: SEVERABILITY CLAUSE: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. CHAPTER 2: DEFINITIONS 11-2-1: DEFINITIONS ENUMERATED: ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. ADMINISTRATOR: The director of the department of community development or his/her designee. AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, or braces extending from the ground. BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that has a usable public entrance that parallels a major vehicular or pedestrian way or other major circulation area. BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS FRONTAGE: The horizontal, linear dimension of any side of an above grade level that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting sign. BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. CHANGEABLE COPY: A manually operated sign that displays content that can be easily changed or altered. CLEARANCE: The vertical distance from existing grade to the lowest hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This also includes the painting of wall signs, murals or supergraphics. FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. FLAG: Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. FREESTANDING SIGN: A single or multi -faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or Local government agency. HEIGHT: For the purposes of this title, the height above existing grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source is not visible to the viewer. ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohibited in the Town of Vail, excluding for Government Signs MASONRY INSCRIPTION: Any text or numeral etched into masonry. MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. NEIGHBORHOOD SIGN: A sign located within common orjointly owned spaces in a residential district. NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the owner of the sign. OPEN HOUSE: The period of time during which a specific property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters. OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. PROJECTING SIGN: A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. QUANTITY: The number of signs allowed a business or building. REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous paint. RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail. SIGN: Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title, each of which is subject to different standards. SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign, that is not attached to or braced by any other structure. SIGN PROGRAM: A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework of a sign. SITE: As defined in Section 12-2-2 of the Vail Town Code. SKI BASE AREA: For the purpose of regulating ski base signs, any area within Vail's Ski Base Sign District. SKI BASE SIGN: A sign for use within the Town of Vail's Ski Base Sign District. TEMPORARY SIGN: A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible from the nearest pedestrian or vehicular way. This term does not include merchandise displays. ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code (e.g., ABD or CC3). A "zone" is not the equivalent of a sign "district", as described in this title. CHAPTER 3: ADMINISTRATION 11-3-1: ADMINISTRATION OF SIGN REGULATIONS: A. Administrator: 1. The administrator of this title as defined in section 12-3-1, "Administrator; Appointment", of this code. 2. Responsibilities: The administrator, and his/her designees, shall be responsible for such duties as prescribed in this title and shall be responsible for enforcement of the sign regulations. The administrator shall have the right to enter on any site for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. 3. Enforcement: The administrator may serve notice indicating the nature of any violation, or requiring the removal of any sign or structure in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator may call upon the town attorney to institute necessary legal proceedings and the chief of police and his/her authorized agents to assist in the enforcement of this title. B. Design Review Board: The design review board, as established by title 3, chapter 4 of this code, shall be responsible for the duties prescribed in this title, which entail the review of sign applications. C. Amendments: The regulations prescribed in this title may be amended or repealed according to section 12-3-7, "Amendment", of this code. 11-3-2: LIABILITY: The provisions of this title shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this title. The provisions of this title shall not impose upon the Town of Vail, its officers, employees, or the design review board, any responsibility or liability by reason of the approval of any sign. CHAPTER 4: SIGN APPLICATION PROCEDURES 11-4-1: SUBMITTAL REQUIREMENTS: Any sign erected within the Town of Vail shall be regulated by this title and is subject to design review by the staff and/or design review board of the Town of Vail. The following application requirements must be met for any sign that is to be erected within the Town of Vail: A. Sign Application: A sign application for the erection of an individual sign consists of an application for design review which must be obtained from the Town of Vail's community development department, properly completed per the instructions, and returned with the appropriate materials to the staff in order to begin the 2 -phase review process listed in section 11-4-2 of this chapter. B. Application Fee: A reasonable application filing fee shall be set by the Vail town council to include the cost of the Town of Vail administration time and other expenses involved in the review of the application. The fee shall be paid at the time that the application is submitted and shall not be refundable. 11-4-2: SIGN APPLICATION REVIEW: Criteria For Decision: Each sign application is subject to the following two (2) levels of review: staff review and design review board (DRB) review. A. Staff Review: The community development department of the Town of Vail shall accept for review the properly completed sign application. 1. If the staff determines that the sign application unquestionably meets the standards of this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall then approve the application. All applications approved by the staff shall be listed on the next publicly posted agenda of the design review board. 2. If the staff determines that the sign application meets the standards of this title, but does not unquestionably meet the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff will schedule the application for review by the design review board at their next hearing, held the first and third Wednesdays of each month. 3. If the staff determines that the sign application does not meet the standards outlined in this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this title, the applicant will be notified of the denial in writing and may submit a new application to the staff, file an appeal of the staff decision to the design review board, or file an application for a variance in accordance with chapter 10, "Variances And Appeals", of this title. B. Design Review Board Review: The design review board will review all sign applications scheduled on their agenda by staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the design guidelines and standards as listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title. 1. Upon determination of compliance with the design guidelines and standards listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title, the design review board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. 2. Upon design review board denial of the application based on the design guidelines and standards listed in chapter 5 of this title and/or the technical requirements listed in chapters 6 and 7 of this title, the applicant will be notified in writing of the reasons for denial and may submit a new application to staff according to the recommendations from the design review board. The applicant may file an appeal to the town council if he/she chooses not to submit a new application to staff (see chapter 10, "Variances And Appeals", of this title). CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; SIGN MEASUREMENT 11-5-1: PURPOSE: The design guidelines and standards exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. The guidelines and standards are intended to encourage expression and creativity. The design guidelines make use of the word "should", to allow for subjectivity and creativity, whereas the design standards make use of the word "shall", signifying strict interpretation and enforcement. The sign measurement section exists to ensure that measurement of sign area is properly calculated in order to facilitate signage that upholds the purpose of this title. 11-5-2: DESIGN GUIDELINES: Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present in the Town: Sign location, configuration, mounting structure, framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town. B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are placed. Signs shall not create visual clutter. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nonreflective glass and stained glass; other naturally textured building materials. Plastic and other synthetic materials that are not naturally textured, such as sign foam, vinyl or Plexiglas®, are discouraged. D. Use natural colors: 1. Earth tones: Full spectrum of soil, clay, and metallic colors; 2. Neutrals: Off whites to deep brown and black; 3. Bright colors should be used only as accents. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. Three-dimensional projections shall not be calculated as part of total sign area. F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). G. Use inconspicuous lighting: Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged. 11-5-3: DESIGN STANDARDS: Any sign erected within the Town of Vail shall conform to the following standards: A. Compatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or business to which they belong. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. All lighting shall be subject to design review. E. Sign Maintenance: All signs, including their support structures and related fixtures, shall be kept in good repair; this includes replacement of lighting, repainting when appropriate, and other actions that contribute to attractive signage. The display surfaces and hardware of all signs shall be properly painted, finished, or posted at all times. The glass surfaces on which window signs are affixed shall be well maintained. F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads as required by the most recent building code (IBC) at the time of construction, as adopted by the Town of Vail and determined by the chief building official. H. Placement On Public Property: Signs shall be constructed on private property outside of the Town right of way and shall not project onto the Town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the Town of Vail. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4: SIGN MEASUREMENT: A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be measured by up to two (2) imaginary polygons enclosing all letters, graphics and sign base material, including framing, not integrated into the architecture of the building. B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no point more than one foot (1') from one another, the sign area shall be the area of the larger face. Sign area of all other multifaced signs shall be calculated as the total area of all sign faces. C. Window Signs: Window signs shall be measured by the exact square footage of opaque or translucent materials affixed within three feet (3') of the window. D. Display Boxes: Display boxes shall be measured by the area of the outside dimensions of the box, including framing. E. Brackets And Fixtures: Brackets, fixtures and other means of securing a sign shall not count towards square footage of signage. CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 11-6-1: SIGN DISTRICTS: A. Sign District 1 (SD 1): All of vail except for property zoned ABD and CC3. B. Sign District 2 (SD 2): All property zoned ABD and CC3 (west vail and cascade crossing). C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign Area as defined by the Ski Base Overlay map. 11-6-2: BUSINESS SIGNS: A. Business Signs: 1. Business signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business sign shall be up to six (6) square feet. At the discretion of the design review board. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor Or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. 2. Business signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one (1) business sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business signs is based on the combined business frontages, and is as follows: Combined Business Frontages Total Sign Area 0 feet — <13 feet 10 square feet 13 feet — <25 feet 14 square feet 25 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet plus 50 square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. B. Display Boxes (SD 1 And SD 2): 1. Number: Each business shall be allowed one display box, per subsection B6 of this section. 2. Area: Display boxes shall not exceed six (6) square feet. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6) above existing grade. 4. Location: Display boxes shall be located on the business frontage. 5. Type of Sign: Display boxes shall not be freestanding signs. C. Window Signs (SD 1 And SD 2): 1. Number: The number of window signs is not regulated as long as area requirements are met. 2. Area: The area of all window signs shall not exceed fifteen percent (15%) of the area of the window in which they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". 3. Height: The top of any window sign shall not extend more than twenty-five feet (25') above existing grade. 4. Special Provisions: Any signs placed inside of a business, within three feet (3') of a window and visible from the outside shall be counted toward total window sign area. 11-6-3: BUILDING IDENTIFICATION SIGNS: A. Description: All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet — <150 feet 50 square feet 150 feet — <200 feet 50 square feet 200 feet plus 60 square feet 2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet — <150 feet 50 square feet 150 feet — <200 feet 50 square feet 200 feet — <250 feet 60 square feet 250 feet — <300 feet 60 square feet 300 feet — <400 feet 70 square feet 400 feet plus 80 square feet 3. Sign Districts 1 And 2; Types Of Building Identification Signs: a. Freestanding Signs: (1) Number: One (1) freestanding sign per building frontage on a major pedestrian or vehicular way, with a maximum of two (2) freestanding signs per building. (2) Area: Freestanding building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously and shall be measured according to the total sign area. (3) Height: No part of a freestanding building identification sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: Freestanding signs shall be placed on two (2) separate building facades facing pedestrian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. b. Wall Mounted Signs: (1) Number: One (1) sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) wall mounted building identification signs shall be allowed if a building has two (2) frontages as defined in these regulations. (2) Area: Wall mounted building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously, and shall be measured according to the size of the text only. (3) Height: No part of a wall mounted building identification sign shall be higher than twenty-five feet (25') above existing grade. (4) Special Provisions: If using two (2) signs, signs shall be placed on two (2) separate frontages, subject to design review. c. Joint Directory Signs: (1) Number: One (1) joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. (2) Area: Each joint directory sign may contain signage of up to one (1) square foot per business tenant in a building, and up to three (3) square feet for the name of the building, placed atop the joint directory sign. (3) Height: No part of a joint directory sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. However, the area of the joint directory sign shall be included in the total building identification area allowed according to building frontage. All joint directory signs shall be kept current according to business turnover. CHAPTER 7: OTHER SIGNS 11-7-1: FLAGS: A. Quantity: A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight feet (8') when projecting over public walkways and a minimum clearance of fifteen feet (15') when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five feet (25') within the Town of Vail. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non -Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 11-7-2: RESIDENTIAL SIGNS: A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit. B. Height: No part of the sign shall extend above eight feet (8') above existing grade. C. Number: One (1) sign per dwelling unit. D. Location: Subject to design review. E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. F. Lighting: Indirect. G. Landscaping: Subject to design review. H. Special Provisions: Structures having three (3) or more living units may have one (1) exterior residential sign directory, provided that the individual signs of the directory are of a standard design and size. 11-7-3: NEIGHBORHOOD SIGNS: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number: One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8') above finished grade. 11-7-4: CONSTRUCTION SIGNS: A. Area: The area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10'). B. Height: The top of a construction sign shall be no higher than eight feet (8') above grade. C. Number: One (1) sign per construction site. D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. E. Lighting: Not permitted. F. Type Of Sign: Construction signs shall not be freestanding signs. G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. 11-7-5: OPEN HOUSE SIGNS: A. Number: For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right -of -Way. C. Area: The area of any open house sign shall not exceed three (3) square feet. D. Height: The height of any open house sign shall not exceed four feet (4') as measured from the top of the sign to the grade at the base of the sign. E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an "open house") 11-7-6: BALLOONS: All balloons, regardless of their size, shall be subject to a special events permit. 11-7-7: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty-five (25) parking spaces and/or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 1. Number: One (1) sign per public vehicular entrance, unless the administrator determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any public parking or loading signs shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's right of way, subject to subsection 11-5-31, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 11-7-8: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. There shall be a sign program addressing the needs of both the winter and summer seasons. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A - frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Special Provisions: A sign program is required in accordance with the provisions of chapter 8 of this title. 11-7-9: RESTAURANT SIGNS: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number: Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-10: ADDITIONAL TEMPORARY SIGNAGE: A. Description: Each property within the Town of Vail shall be allowed, without a permit, additional temporary signage, subject to the following standards. B. Size: Total additional temporary signage shall not be greater than six (6) square feet in area, and no individual sign maybe greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four feet (4') above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No individual sign falling under this provision shall be displayed for more than forty-five (45) days per year. This time period shall not apply to any sign placed on a parcel of real property which is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service. CHAPTER 8: SIGN PROGRAMS 11-8-1: SIGN PROGRAM DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi -family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the staff. Existing multi -tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in chapter 4, "Sign Application Procedures", of this title. CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS 11-9-1: EXEMPT SIGNS: The following signs are exempt from design review, but remain subject to the applicable requirements of this code, including, but not limited to, the design standards and guidelines listed in chapter 5 of this title and the maintenance requirements listed in section 11-11-3 of this title: A. Memorial signs, dedication plaques, or tablets; B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; C. A mural that has received approval by the Art in Public Places Board; D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; E. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; F. Signage and decorations subject to a Special Event Permit through the Town of Vail; and G. Private Warning Signs 11-9-2: PROHIBITED SIGNS: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound, or involve the use of live animals; E. Any sign for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; G. Any gas filled, illuminated or fiber optic sign that is less than four feet (4') from a window; H. Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; I. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J. Any off premises sign that is not otherwise regulated by this title; K. All billboards; L. Pennants, banners, and bunting that are not associated with a special event permit; M. Any dry erase or chalk board not approved by the provisions of this title as a specials board; and N. Vehicular signs as defined by this Title. 11-9-3: NONCONFORMING SIGNS: A. Definition: Any sign erected prior to the enactment of this title and in accord with the Town of Vail approval process, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as nonconforming. B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be nonconforming may continue in use and operation as a nonconforming sign pending the following provisions: 1. Any nonconforming sign that is not maintained, at the discretion of the administrator and according to section 11-2-1 of this title, shall be removed by the administrator (section 11-11-3 of this title) and shall be replaced as a conforming sign, in accordance with the regulations in this title. 2. All nonconforming signs shall be brought into conformance with the regulations in this title at the time that the represented business changes ownership, provided that the business changes its name and/or offered services, thereby requiring a new sign, or at the time that the represented business changes its name and/or services offered, thereby requiring a new sign. CHAPTER 10: VARIANCES AND APPEALS 11-10-1: VARIANCES: A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. 11-10-2: APPEAL OF A VARIANCE: An appeal to the town council of a planning and environmental commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (section 12-3-3 of this code). CHAPTER 11: VIOLATIONS AND ENFORCEMENT 11-11-1: VIOLATIONS: A. General Violations: Any sign that is deemed by the administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this title, is in violation of this title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the administrator, is in violation of this chapter and shall also be subject to the procedure listed in section 11-11-2 of this chapter. B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right of way or on any property belonging to the Town of Vail without the express permission of the Town. The administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of this code and be subject to the provisions of the penalty and costs subsections (section 11-11-2) of this chapter. 11-11-2: PROCEDURE AND ENFORCEMENT: A. Notice Of Violation: The administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premises at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. B. Penalty: The business, building or premises at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to penalty as provided in section 1-4-1, "General Penalty", of this code for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this title may not restrain imposition of these penalties. C. Failure To Comply And Town Abatement: If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this title within the time frame specified in the notice, the administrator shall cause a sign in violation of the provisions of this title to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the director of finance of the Town of Vail. D. Costs: The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT: A. All signs in the Town shall be properly maintained (as defined in section 11-2-1 of this title) at all times to the satisfaction of the administrator or they will be repaired or removed (as defined in section 11-2-1 of this title) by the administrator. B. The administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign: 1. Has been found to constitute a violation of this title; 2. Is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3. Has been damaged beyond fifty percent (50%) of its total area and deemed poorly maintained by the administrator. The procedure for removal of a sign in violation is detailed in subsection 11-11-2C of this chapter. The administrator's decision shall be subject to review by the planning and environmental commission in accordance with the provisions of the zoning ordinance (subsection 12-3-313 of this code) and may be appealed by any "aggrieved or adversely affected person" (as defined in subsection 12-3-3132 of this code). Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the following: 1. The text 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 2. The text amendment furthers the general and specific purposes of the zoning regulations 3. The text amendment promotes the health, safety, morals and the general welfare of the town and promotes the coordinated and harmonious development of the town in a manner than conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Section 3. 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 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 XX day of XX, 2021, and a public hearing for second reading of this Ordinance set for the XX day of XX, 2021, 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 XX day of XX, 2021. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Vail Sign Code Detailed List of Proposed Changes Legend Italic Text: Proposed to be added to the code Strikethr^„nh Text: Proposed to be removed from the code Note: Sections and definitions not listed in this document are currently proposed to remain within the code, unchanged. 11-1-2: Purpose: A. General Purpose: These regulations. are This Title is enacted for the purpose of promoting the health, safety, tl teak,, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These Fegulationc are This Title is intended to achieve the following specific purposes: 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 5. To preserve freedom of expression in the Town of Vail. C. This title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-4: Severability Clause: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. 11-2-1: Definitions Enumerated: ADMINISTRATOR: n ., AMher or Members of the town of \/•ail c4-aff appointed by the 4o.�,n The director of the department of community development or their designee. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. Drohihiterl the AWNING OR CANOPY: F9F the puFpeses-of this title, the never that is +eF„n„raFy doorways, or outdoor eating A Permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, of braces extending from the ground. R A I I 00h' - A flexi hie bag des mg nAd in hp m nf1:atAd mxmth hnt ;im r nr with a gas, such as atmosphere BANNER, PENNANT, G.OR-RUNITIAI. Any tempeFaFy denorative nleth er Material that is rlenoretion of the town for menial holidays goods, 7 s-e-P.4rues that are not related- to the premises- on whin -h the sign is 7 prohibited in the town of \/.ail BUILDING IDENTIFICAITON SIGN: Any Ginn that displays the n.,.m,e of the h..i'dinn upon A sign permitted based on building frontage, regardless of the number of tenants residing therein. 7 unendeSpd exterier balGenies, marquees, 7 fasr-mas and the7 like, m but not innl��rlinn cinnc AREA, 1)•\/�rie SIGN nnnrdin�n to See (8D sign, � Ghaptei�Bu�cs��a Building i dA=aa ntfEti8nn 8Egi fitip r ns11, of tFimq ARE SIGN 2); \/�rie nnnrdinn to tine of n See nhapte� 6, "Busineryry-/And ,�rvrr-\v�cT-�-ar�rc (SD ��� • �7-ruFT 7 Building Signs", t+tl. -iFentifivcartienn ofthis AWNING OR CANOPY: F9F the puFpeses-of this title, the never that is +eF„n„raFy doorways, or outdoor eating A Permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, of braces extending from the ground. R A I I 00h' - A flexi hie bag des mg nAd in hp m nf1:atAd mxmth hnt ;im r nr with a gas, such as atmosphere BANNER, PENNANT, G.OR-RUNITIAI. Any tempeFaFy denorative nleth er Material that is rlenoretion of the town for menial holidays goods, 7 s-e-P.4rues that are not related- to the premises- on whin -h the sign is 7 prohibited in the town of \/.ail BUILDING IDENTIFICAITON SIGN: Any Ginn that displays the n.,.m,e of the h..i'dinn upon A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS SIGN: Any sign that displays the name of the business upon whish site it is I rtssr_r. rrr� nr. .:trrsrr. s�.Z3— -11—AM Arrr77:1�aT:1 on a business frontage, typically as a wall or projecting sign. CHANGEABLE COPY: A manually operated sign that displays graphical or word content that can be easily changed or altered. men., hexes, s display hexes and spenials beardare net DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. For the express purpose of rlisplavi nn real estate listi nns and! /-I lrrent rp evie listing; allowed at real estate hm-sinesses rp and evie theaters enly 7 r.......X.... l TS�11�11T-T. Eft iT.111f:T.S�11.11■:111: 1 € To build, nstruGt, att h, hang, plane' mount, suspend, or affix a Sgn• This also innludes the painting of wall signs, ivmuFals er superranhins ' ■ its lennth through internal reflentiens• bited in the tei.in of \/ail 7 FINE ART, 7 fountains, or similar objeGts possessing 7 FLAG: , 9F symbol OF insigni�a applied to a pieGe of . Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. Drnhihiteit ;^ the tnimn .,f v,;l GRADE€XISI, NG FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INTERNAL s prehibited- the Wwn -f Vail, ��eVnluding shuns used by the town of Vail for PUblin infermatien nrnesec A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohibited in the Town of Vail, excluding Government Signs. ILLUMINATION, NEON; A light se -urn -A whiah a r-olorless, odorless, inert gaseous the town nf Veil INSCRIPTION, MASONRY: The ,.„e .and1nr date efa h..i'dinn etnhed into masenr., Any text or numeral etched into masonry. 101NIT DIRECTORY SIGN; A type of huilding ;ind h—siness sign t rrrs:�eters�:.,AM rrrr.�at::r.� _ .�. _ .errrr ssfmn WON the town nf Veil INSCRIPTION, MASONRY: The ,.„e .and1nr date efa h..i'dinn etnhed into masenr., Any text or numeral etched into masonry. 101NIT DIRECTORY SIGN; A type of huilding ;ind h—siness sign t rrrs:�eters�:.,AM rrrr.�at::r.� _ .�. _ .errrr ssfmn and smmmla 1 1 exhibits, W""TILITMW ..S�"ir1 -ateri -al e- n -at le-ast e- ne sid-e- fe- r the express purpose of dis playi ng menus ; a lowed at re^nrrled movies, games, video or other forms of ele^trnni^ media MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. ' ' design review board prier to applin—ation. A mmmur-al shall be considered 2 wall sign, and regulated as suGh, if it r--entains m ords, logos, trademarks, or graphiG representations e he allnwer! 7 but limitedto, -Wa mavimm of tele (2) square feet in size NONCONFORMING SIGN: Any advertising ^+r..^+..re nr sign that was approved by the town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign t#atrel-ates-tnnr :adrert+ses preduGts, sep,i^es' or nr dmrpr-tq persons to a different premises than that upon whmnh tha Sign is IQGa Any sign located on a premise not owned or rented by the owner of the sign. (WEEN1.41-G)SEE-D SIGN. A type of windew sign that may be two (2) sided and displays the words openorslosed" onnn�vth sidesof OPEN HOUSE: The period of time during which a specific for sale or for rent proper+., property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters wroth the realter7 hre Ler7 wener7 or other similar anent present on the property. 4DIEI HOUSE SIGN, ON' CITE- A temporary ���rerti i n p���aRA fnTthp i r-111 'Nol OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PERSON; For the purposes of this title, any individual, firm, partnership, , regarding rese..rnec, restreems, .. or any ether similar nhlin amenity REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, s....h en9+nhlite@ Day f_`I9@ glass- and I..w,ine..c . min+• when neFtaining to , , , s n e, rehihi4ed in MMM the 4e..,n of v,il Including but not limited to, Scotchlite®, Day- Glo®, glass and luminous paint. RESIDENTIAL I.InMGPl nTC SIGN: A sign ere6ted for the sole purpose ofrideeni i ying the A small sign permitted for every residence in the Town of Vail. SIGN: guidelines, whether or not, hi-siness, building, 9F any Felated pFedunts and by means Q leftem, numbem, fiivums, er ether symbels, devises, er renresentatienc Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN, CONSTRUCTION . ,. .,............... M -1111 -- regarding rese..rnec, restreems, .. or any ether similar nhlin amenity REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, s....h en9+nhlite@ Day f_`I9@ glass- and I..w,ine..c . min+• when neFtaining to , , , s n e, rehihi4ed in MMM the 4e..,n of v,il Including but not limited to, Scotchlite®, Day- Glo®, glass and luminous paint. RESIDENTIAL I.InMGPl nTC SIGN: A sign ere6ted for the sole purpose ofrideeni i ying the A small sign permitted for every residence in the Town of Vail. SIGN: guidelines, whether or not, hi-siness, building, 9F any Felated pFedunts and by means Q leftem, numbem, fiivums, er ether symbels, devises, er renresentatienc Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN, CONSTRUCTION temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. format,SIGN, ENTERTAINMENT; A sign that senies to advertise a visual or audie media Mr. MIMZIM. r"ie.m.errial site, indudinn a rr emeri-al fn-Un4-ain nr c4:a4,,n SIGN, NEIGHBORHOOD: A sign located within common or jointly owned spaces in a residential district. SIGN, OFFICIAL GOVERNMENT ' . A sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. SIGN, PORTABLE: A Sinn not nrnntAd With a permanent fiver! Inna inn a44anhnr! 4n the board SinnS• A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. SIGN, PRIVATE NQ PARKING—m A sign OR pFiyate PFOpeFty that alert,-; ethers- Of AGAPUbliG narking Snann SIGN, PRIVATE WARNING: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. amw ma.i.n.tai ned by the town of Vail, or with the permission thereof, in order in i nfnrm thp r"ie.m.errial site, indudinn a rr emeri-al fn-Un4-ain nr c4:a4,,n SIGN, NEIGHBORHOOD: A sign located within common or jointly owned spaces in a residential district. SIGN, OFFICIAL GOVERNMENT ' . A sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. SIGN, PORTABLE: A Sinn not nrnntAd With a permanent fiver! Inna inn a44anhnr! 4n the board SinnS• A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. SIGN, PRIVATE NQ PARKING—m A sign OR pFiyate PFOpeFty that alert,-; ethers- Of AGAPUbliG narking Snann SIGN, PRIVATE WARNING: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. amw ma.i.n.tai ned by the town of Vail, or with the permission thereof, in order in i nfnrm thp the n�rr�rr�erni�l SIGN, SKI BASE faGilities, Ski raGing faGilities,skm patrol faGilities, ast+vit+esImfttisnet sates, skier and guest Cem^•i^eC. A sign for use within the town of Vail's ski base sign district. GN, TEMPOUD/DV CITC €C=I�O-PA.P�T• Tsign ner.m.-rated inmd-entify and re-ss,r�ihe a ----ensy during large sGale development nermeds ac rle4ermmned by the V -ail town neunnil SITE: The property that nrwirlec 7 Zonation for and justifies 4hn 2re2 nf a sign. As defined in Section 12-2-2 of the Vail Town Code. SIZE, (See a1j;n dPfmnmtmnnq nf Area, Sign.) The dimension of a sign, determined by the Signs", of this title SKI BASE AREA: For the -purpose of regulating sk;-h-ase area signs, ski base areas are the -s -e- -are-aq- of NI -am' Village, Lionshead, Golden Peak, Gas-r-2dp NA112ge, and any other future ner+elc in,n,erliately adjacent to a cliff lift or tow For the purpose of regulating ski base signs, any area within Vail's Ski base sign district. i ■ - 1 1 11111111.11101 NIPPON W-_ • Mi ■ 1 1 1 the n�rr�rr�erni�l SIGN, SKI BASE faGilities, Ski raGing faGilities,skm patrol faGilities, ast+vit+esImfttisnet sates, skier and guest Cem^•i^eC. A sign for use within the town of Vail's ski base sign district. GN, TEMPOUD/DV CITC €C=I�O-PA.P�T• Tsign ner.m.-rated inmd-entify and re-ss,r�ihe a ----ensy during large sGale development nermeds ac rle4ermmned by the V -ail town neunnil SITE: The property that nrwirlec 7 Zonation for and justifies 4hn 2re2 nf a sign. As defined in Section 12-2-2 of the Vail Town Code. SIZE, (See a1j;n dPfmnmtmnnq nf Area, Sign.) The dimension of a sign, determined by the Signs", of this title SKI BASE AREA: For the -purpose of regulating sk;-h-ase area signs, ski base areas are the -s -e- -are-aq- of NI -am' Village, Lionshead, Golden Peak, Gas-r-2dp NA112ge, and any other future ner+elc in,n,erliately adjacent to a cliff lift or tow For the purpose of regulating ski base signs, any area within Vail's Ski base sign district. VEHICLE SIGN: Any temporary Ginn Ions or arlvnrtm1;Pmnn4 that is planer! painter! attaGhed or displayed nn 7 vphii.ln A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of- way or public property, or on private property so as to be visible from a public right-of- way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. 1 -r-.. ..---- I 11-3-1 Administration of Sign Regulations: A. Administrator: 2. Responsibilities: The administrator/staff shall be responsible for the duties prescribed in this title, which entail the enforcement of the sign regulations. The administrator and his/her designees shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. 3. Enforcement: The administrator/staff may serve notice of violation and carry out removal of any sign in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator/staff may call upon the town attorney to institute necessary legal proceedings and the chief of police and/or authorized agents to assist in the enforcement of this title. . . .............. 11-5-2 Design Guidelines: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design mounting structure and framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. T4;e guidelines that apply to general sign Gelers likewise apply to graphiGs. -and- letterm Three- dimensional projections shall not be calculated as part of total sign area but the size, nlaGemeH*, and style of nreie�.tiens shall he subjent to design review. 11-5-3 Design Standards: B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. iinr! inriner! move rnen4\ are nr�hihi4er! 1-.H. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. -JL/. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. . ..... . .......i . .....i i 11-5-2 Design Guidelines: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design mounting structure and framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. T4;e guidelines that apply to general sign Gelers likewise apply to graphiGs. -and- letterm Three- dimensional projections shall not be calculated as part of total sign area but the size, nlaGemeH*, and style of nreie�.tiens shall he subjent to design review. 11-5-3 Design Standards: B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. iinr! inriner! move rnen4\ are nr�hihi4er! 1-.H. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. -JL/. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4 Sign Measurement: D. nn^n11 Q^w^s And Display Boxes: AAAnn's', and Display boxes shall be measured by the area of the outside dimensions of the box, including framing. 11-6-2: Sign Districts: A. Sign district 1 (SD 1): All of Vail except for property zoned ABD, CC3, and PA -2. B. Sign district 2 (SD 2): All property zoned ABD, CC3, and PA -2 (West Vail and Cascade Crossing). C SiOR Pictrint 3 (SW)• West 11 -ail lnteFGhange (GPQT right of way) Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Area as defined by the Ski Base overlay map. 11-6-3: Business Signs: A. Business Irlentifin.ati.,n Signs: 1. Business id-entifi ti^I' signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business id-^ntifin-a4i.,n sign shall be up to six (6) square feet. At the disarntion of the design r^vi^ISI hoard! hllcinncc irinn4ifin�4inn Ginn for a bowling all rad rra^vin theater waw h^ up to fifteen (15) square feet in area, subjen4 4^ 4hn applinant demeTstrating that th Fth t#�p I;r-2I�e-2na hetes -�I nh�r�ntei- of theisubjen4 hllcinncc and! the buildinn in ��ihinh T�TVT'fATFP �r .1GArG9 rRF.TTITr..T.7ZTTTGTiT'I�r�F1T�Tf�ITTTRVTf 1+ IC 1^n�4A/'i c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian -ways and a minimum clearance of fifteen feet (15') above vehicular -ways. No part of any business irl^ntifin.ati.,n sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business ;d^ntmfm^;*m^^ signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. 2. Business ;d-^ntifin--ati signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one business id-entifi^-a*i^^ sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business id-entifin--ati signs is based on the combined business frontages, and is as follows: Combined Total Business Frontages Sign Area 0 feet - 12.99 feet10 square feet 13 feet - 24.99 feet FFA square feet 25 feet - 49.99 feet 'IF 20 square feet 0 feet - 74.99 feet FFF30 square feet 75 feet - 99.99 feet 1F[0 square feet 100 feet plus FF.50 r- square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian -ways and a minimum clearance of fifteen feet (15') above vehicular -ways. No part of any business id-entifin--ati sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business mdAniffi^"*m^^ signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. B. Display Boxes (SD1 And SD 2): 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') #morn above existing grade. 1 Il 11 1 ON J 1 as 1 11 1.. "'�aer: -R-Usall - rredone speGialearl per bUenPss fr^n 2. Area,• Cnnni-als hnearrlc shall nna4 evened! three (3) square fent 3. Height- The height of the highest paFt of the speGials bgard- 16hall not ewtp-nd mere then civ feet (6') from evicting grade A I enation• Cpenials heard -c shell he attanhed- to mpn- hexes, •.tevnept here the findings, in whish nese the spenialc heard- May he attanhed- to a •• ell gr d-enk Tarrrg , aP cvrcrrT cccrvrrca cv�cRrvrzrcvTc railing on the frontage-, a. That there exists -lav-ability to aattan-h the spe ials heard- to the Men-, he.. � /'� /� y�� �cvrcrrTsvcmcrcv crr���-rcnsr-�avic the exisstingexists yor�poryed ITw/aiTOTnT of the teem-,, beex; and �+ �y� A. That there exist eS"'I ability to r nater the er�pe.Ted Mk-- IQ bee to at+esthat meets the FeqUiFementls of this -title, ands alle..,r far attar -h. ientof t�isppenia1s heard- to the men-- hev Tr. VIFf.TIJVRTGTiO cTf6.1lTGTITr-R'PT. Cn ial Pre-visions-Cn •al eard-c are allow only a g an drinking desT,es;�s-fa�.red,�t-eat+p ectahlichrrientc far the display of spenialc E. Window Signs (SD 1 And SD 2): 2. Area: The area of a-ny all window signs shall not exceed fifteen percent (15%) of the area of the window in which 44s they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". Salesigns, -h-Usiness operation signs, prometional event posters and openlGlesed Signs do 4. Special Provisions: Signs placed inside of a business, within three feet (T) of a window and visible from the outside, inGlu ' -h---t not limited to, sale-' iu hciness operation signs, and open.1 eyed ciiv^s, shall be counted toward total window sign area. C Cain Signs (SID 1 And SID 2)-; 11-6-4: Building Identification Signs: A. Description: n building Ginn indiGates the naar„n of _2 h--ilrlinn whinh in corrin Gas (suGh as a heteel nor le-d-ge) may be the s-ammme -as the primary business 2nd h-midmn owner. All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). ■ ■Mr-Wall1 ■ 11-7-1: Flags, Pennants, Banners, and Bunting: A. PeSGFiPtiOR. Flags, pennants, banneFs, and bunting shall be subjeGt to design review ��rww � pennants,bunting, 9F �..firic fiflm . IM11111M. IM ON M.- 01-11.1111POWN11'. __ _. Re-M.M., IN i A. Quantity. A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. This is the size of the Town's international flags, but we do display some larger ones as well, should be able to exempt these as government signs. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight (8) feet when projecting over public walkways and a minimum clearance of fifteen (15) feet when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five (25) feet within the Town of Vail. This is the height of Vail's international flags, but the Town has poles up to 40ft. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non -Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 1 ■ - 1 i ■ ■ 1 ■ 1 11-7-4 11-7-2: Residential Nameplate Signs: A. DeSGFiPtiGA. A Fe6.dAntm2I nameplate Sign house by displaying the family name andler the heme name and the address 1. Size: Size shall not exceed one-half (1/2) square foot per single family or duplex s*run*-Ure or one half (112) square fee* for a-nh mul*i_farnily unit dwelling unit. 2. Height: No part of the sign shall extend above eight feet (8') from above existing grade. 5. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. .A. fireest-a.n.ding sign Fnay be used for a single family or duplex dwelling struGture-. 8. Special Provisions: Nameplate signs in u�F6 MF, A4I Zo es shall meFe living its. FuFt#er�r-Structures having three (3) or more living units may have one exterior •••-a" Mounted names'.,+e residential sign directory, provided that the individual names signs of the directory are of a standard design and size. A44 joint -direG i nameplate signs shell he Len* niirren* 1 ■ - 1 ITI i ■ 11-7-3: Neighborhood Signs: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number. One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8) above finished grade. 11-7 6 11-7-4: Construction Signs 4A. Area: In .SII recirlen+ial Zione dmGtFin+c the aFea of any nonstrun+ien shun shall net evneed eight (8) squ2re Feet In .,II other zone diStriGtS, The area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10'). 2B. Height: The top of a construction sign shall be no higher than eight feet (8') from above grade. 3C. Number: One sign per construction site. 4D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. 6-E. Lighting: Not permitted. 6-F. Type Of Sign: Construction signs shall not be freestanding signs. 7 Design.• Subjent to design review 4 1 .anrlcnaning. Not appliGable 6-G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. (I) One -hu-Sines-s- logo of the emernennv nentant (2) Brief rlesnrintien of the nonstr-Untion nroient /4\ One wehsite address /A\ One qumGk response (QR) ne-ite /C.\ An artist rendering of the finished nenstruGtien nreient 16ite -are exempt from d i - T 9 1, "Exempt Signs", of this title. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. NINON M. W. -M. IIIi , , - i WO . WN I i i I i - . W. WO W_ I ■ a.. "A�e-eitherfreest ding or w -all rrlel Intedwith sale renl Iirerr�entC h Ale Cinn shall nentain any advertising, but may identify the owner by rrarrr� name i property and ene-halfT1�l�} 1 i 1 i 1 inn, Garage and yard sale CinnC rr»v -he- freestanding or wall sinnC 2. Quantity; Theresh-all be -a M-axi.m.---.m. of one sign upon the advertised nne rlirentinnel sign off site. 4 /area• The maxi unl area of any single sign shall net a*seed ene and D. T[1 GR. The IG IIIR)CIIIIGI111 area D1 R11 single .71 11 .711R Cnllam feet property and ene-halfT1�l�} 4. Height, The height of the sign shall not exr--eed- five feet 1 ) fron; the grade base of the sign. 5. Display Duration- The alle-wed signs shall only be displayed within fiven he -Urs pFi9F to the start of the sale and- d----Fmng the peFied- nf imm ya Fd sale IC In pregFeGCC at thp y four (24) ge 9F 11-7-18 11-7-5: Open House Signs: 2—.A. Number: There shall he a of one sign on the property where the For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. 3-.-B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right - of -Way. 4C. Area: The area of any single on site open ;e yPhm^..'.,r d:r^^+:^^.,' open house sign shall not exceed three (3) square feet. 5-D. Height: -The height of any single on open he `inhia.,12r dmr^ open house sign shall not exceed five feet (5'` four feet (4) as measured from the top of the sign to the grade at the base of the sign. 66-E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an "open house"). NO.. .. • RIM11.0 M. 1 11-7-6: Balloons: i A i INN.- I _0 ii _M_m ---m """ Mr -M. i . . . i 4C. Area: The area of any single on site open ;e yPhm^..'.,r d:r^^+:^^.,' open house sign shall not exceed three (3) square feet. 5-D. Height: -The height of any single on open he `inhia.,12r dmr^ open house sign shall not exceed five feet (5'` four feet (4) as measured from the top of the sign to the grade at the base of the sign. 66-E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an "open house"). NO.. .. • RIM11.0 M. 1 11-7-6: Balloons: .. a FegulaF basis fer sepgine and deliveFy 9F other vehir-m-lar needs related in that -h-Usiness aGtiVity. VehiGUlar signs shall not be ---,-;Ad- for the sole purpose of advertising a business, rlas etermmned by the edministreter 11_7_14 Pre PYletion-al Event Pesters• A. DeSGFiPtiGA. A sign depiGtiAo an event in the a_emmmunity that is not -an exr-Amusive erlvertisemmm ent fnr 4hn hllslness Aihinh i4 is d snlaved No More than ten (10) prometional event pesters shall be displayed by a h��siness C A ream The area of promotional event postArg 1;h:a" nnt Axnppd fiventy five pernent ua�rrrczr. 0 ) of the tetal windew area Premetional event peste 1; de not nemint toward windew Sinn �re� n41n,-1:4 inns D. Height, The top of any promotional event poster shall nn -t- A-xt-end More th;In twenty five fent (25') above existing nrerle E, Ler--atmen, All proMe-tion-al event posters shall ha dm'-; layed iumndnimc; nf 2 h��siness �asrsrrrcar. C Tine Of Sinn• Drenletion-al event nesters shell he windew signs Gm D-Uretien• Promotional event nesters shell he rAmnved within three (3) days -of neMnletien of the ere111-ted e�e.ient 11-7-14 11-7-7: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty five (25) parking spaces and/or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. ''''511-7-8: Ski Base Area Signs: A. Description: These regulations apply to all signs erected within the ski base areas. mese Fegulations are intended to IpFeyid-e the ski hase areas with the signs ReGessa" epeFalC the iski i-rMe-U Ttain. These shuns are ne^essaFy tO ^leaFly G9FAFAUAi^-at-e the There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest sep.xin-A-1-6 while rn-aint-aining the high quality resect ^h,.-,^te. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 8. Special Provisions: A sign program is required in accordance with the provisions of chapter 8 of this title. 1 ■ - :. e. rae.. 1 ■ - C. Expiration, The prevTSiens- of tlsy sye6 Trshall expirn on hinu p-Mber 19, 2013-m 11-7-9: Restaurant Signs: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number. Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6) above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number. Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6) above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box, and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-10: Additional Temporary Signage: A. Description: Each property within the Town of Vail shall be allowed, without a permit, additional temporary signage, subject to the following standards. B. Size: Total additional temporary signage shall not be greater than six (6) square feet in area, and no individual sign maybe greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four (4) feet above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No individual sign falling under this provision shall be displayed for more than forty-five (45) days per year. This time period shall not apply to any sign placed on a parcel of real property which is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service. 11-9-1: Exempt Signs GB. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; 4).-C. "fine „ and- %A.;hirah have been appFeved by the town of It-ail's _2Ft iR PUbliG plaGes beaFd (AIPPB) A mural that has received approval by the Art in Public Places Board; € D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; h„ Wever, SUGh h^'iday ^'^^^r,+:^^^ shall he remev^,+ ^n^^ themr ^i+n rli+i^n h -ac r!^+nrierated siu^h that they are no longer attra^+iv^• f H. The- iR6GFiPti9A of names (9F dates) of buildings, when AtnhAd Wn m2qnn In-r0-:atmen on any business 9F n pFemisesfand in With teF f Building idAnfifir-atien Signs", 9f thmrft tifle Ranh letter of an iA6GFiPti9A may not tzamppdbun Mn ) in height and the total engr-aved- area may nOt OGGUPY more than three (3-) sqticr^ Feet orF� Zs crrFcr^^ ^Frthe �b aiirlding; I• All heli+incl signs, r! as definein nhapter 2 of this +i+ln• f L( Cain cinnc• K. � M Open/nlesed cinnc• AI Dr�rv��+i�n.�l Caen+ Dns+e rs ll�gge and yard sale signs' anr! G. Private Warning Signs 11-9-2: Prohibited Signs E. Any sign advertising.fora business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; AI Going eu f bu e n • .�nrl r��vi-rrg--a�a�-A�--vcr�l-ricSS SI{���5�.rrrcrQ. Portable signs, exGept effiGial government signs, open house signs, and ski hasa N. Vehicular signs as defined by this Title. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 22, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 22, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-00010) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. ATTACHM ENTS: File Name Description Attachment A. Legal Notice with metes and bounds parcel descriotion.odf Attachment A. Legal Notice with metes and bounds parcel description TOWN OF VA1t' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 8, 2021 at 1:00 pm in the Town of Vail Municipal Building. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN 9dcxgkngSgiH-zHe8UXIEg After registering, you will receive a confirmation email containing information about joining the webinar. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.696 acres) and Lot 2 (approximately 0.253 acres), located at 2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0008) Applicant: TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group Planner: Greg Roy A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-00010) The legal description of the parcel is: A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Northwesterly of the Northwesterly high -water -line of Gore Creek and Southeasterly of U.S. Highway No. 6, described as follows: Beginning at a point on the North-South centerline of said Section 12, whence the North quarter corner of said Section 12 bears North 00 degrees 15 minutes 00 seconds East 2167.52 feet; thence South 00 degrees 15 minutes 00 seconds West 85.44 feet along the North-South centerline of said Section 12 to a point on said high- water -line; thence South 75 degrees 36 minutes 27 seconds West 138.98 feet along said high -water -line; thence South 54 degrees 43 minutes 17 seconds West 192.76 feet along said high -water -line; thence South 45 degrees 55 minutes 47 seconds West 87.97 feet along said high -water -line; thence South 34 degrees 43 minutes 11 seconds West 80.29 feet along said high -water -line; thence South 04 degrees 47 minutes 15 seconds West 108.86 feet along said high -water -line; thence South 16 degrees 44 minutes 10 seconds West 102.85 feet along said high -water -line; thence South 30 degrees 43 minutes 21 seconds West 22.27 feet along said high -water -line to a point on the East-West centerline of said Section 12; thence South 89 degrees 02 minutes West 388.21 feet along said centerline to a point on the Southeasterly right of way line of said highway; thence North 52 degrees 35 minutes East 866.87 feet along said highway right of way; thence North 66 degrees 53 minutes 25 seconds East 164.20 feet to a point on the North-South centerline of section 12, to the Point of Beginning; Also being described and measured as: Beginning at a point on the North-South centerline of said Section 12; Whence the North quarter corner of said Section 12 bears N 00°38'56" E 2160.99; thence S 00°38'56" W a distance of 85.46 feet along the North-South centerline of said Section 12 to a point on said high water line; thence S 75°34'51" W a distance of 138.88 feet along said high water line; thence S 54°41'41" W a distance of 192.76 feet along said high water line; thence S 45°54'11" W a distance of 87.97 feet along said high water line; thence S 34°41'35" W a distance of 80.29 feet along said high water line; thence S 04°45'39; W a distance of 108.86 feet along said high water line; thence S 16°44'58" W a distance of 102.85 feet along said high water line; thence S 41 °04'16" W a distance of 22.54 feet along said high water line to a point on the East-West centerline of said Section 12; thence S 89°17'12" W a distance of 383.87 feet along said centerline to a point on the Southeasterly right of way line of said highway; thence N 52°44'32" E a distance of 861.89 feet along said high way right of way; thence N 66°46'57" E a distance of 166.46 feet on the North-South centerline of said Section 12 to the Point of Beginning; County of Eagle, State of Colorado. Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Jonathan Spence A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel is: A tract of land situated in the SE 1/4 NW 1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Northwesterly of the Northwesterly high -water -line of Gore Creek and Southeasterly of U.S. Highway No. 6, described as follows: Beginning at a point on the North-South centerline of said Section 12, whence the North quarter corner of said Section 12 bears North 00 degrees 15 minutes 00 seconds East 2167.52 feet; thence South 00 degrees 15 minutes 00 seconds West 85.44 feet along the North-South centerline of said Section 12 to a point on said high- water -line; thence South 75 degrees 36 minutes 27 seconds West 138.98 feet along said high -water -line; thence South 54 degrees 43 minutes 17 seconds West 192.76 feet along said high -water -line; thence South 45 degrees 55 minutes 47 seconds West 87.97 feet along said high -water -line; thence South 34 degrees 43 minutes 11 seconds West 80.29 feet along said high -water -line; thence South 04 degrees 47 minutes 15 seconds West 108.86 feet along said high -water -line; thence South 16 degrees 44 minutes 10 seconds West 102.85 feet along said high -water -line; thence South 30 degrees 43 minutes 21 seconds West 22.27 feet along said high -water -line to a point on the East-West centerline of said Section 12; thence South 89 degrees 02 minutes West 388.21 feet along said centerline to a point on the Southeasterly right of way line of said highway; thence North 52 degrees 35 minutes East 866.87 feet along said highway right of way; thence North 66 degrees 53 minutes 25 seconds East 164.20 feet to a point on the North-South centerline of section 12, to the Point of Beginning; Also being described and measured as: Beginning at a point on the North-South centerline of said Section 12; Whence the North quarter corner of said Section 12 bears N 00°38'56" E 2160.99; thence S 00°38'56" W a distance of 85.46 feet along the North-South centerline of said Section 12 to a point on said high water line; thence S 75°34'51" W a distance of 138.88 feet along said high water line; thence S 54°41'41" W a distance of 192.76 feet along said high water line; thence S 45°54'11" W a distance of 87.97 feet along said high water line; thence S 34°41'35" W a distance of 80.29 feet along said high water line; thence S 04°45'39; W a distance of 108.86 feet along said high water line; thence S 16°44'58" W a distance of 102.85 feet along said high water line; thence S 41 °04'16" W a distance of 22.54 feet along said high water line to a point on the East-West centerline of said Section 12; thence S 89°17'12" W a distance of 383.87 feet along said centerline to a point on the Southeasterly right of way line of said highway; thence N 52°44'32" E a distance of 861.89 feet along said high way right of way; thence N 66°46'57" E a distance of 166.46 feet on the North-South centerline of said Section 12 to the Point of Beginning; County of Eagle, State of Colorado. Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Jonathan Spence A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.3 acre portion of Tract A, Middle Creek Subdivision, from Open Space to High Density Residential, and setting forth details in regard thereto. (PEC21-0004) Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 4.47 acres from the General Use (GU) zoning to Natural Area Preservation (NAP) and approximately 2.3 acres from Natural Area Preservation (NAP) zoning to Housing (H) within Tract A, Middle Creek Subdivision, and setting forth details in regard thereto. (PEC21-0005) Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for subdivision of the existing Tract A, Middle Creek Subdivision, into two parcels, Tract Al (approximately 14.9 acres) and Lot 4 (approximately 2.3 acres), and setting forth details in regard thereto. (PEC21-0006) Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 or visit www.vailgov.com/planning for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. Published February 19, 2021 in the Vail Daily. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: March 8, 2021 PEC Results ATTACHM ENTS: File Name Description oec results 030821.odf March 8, 2021 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl March 8, 2021, 1:00 PM Virtual 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_9dcxgkngSgiH-zHe8UXI Eg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, John - Ryan Lockman, Pete Seibert, Henry Pratt Absent: None Main Agenda 2.1. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.696 acres) and Lot 2 (approximately 0.253 acres), located at 2211 North Frontage Road West and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (PEC21-0008) 20 min. Applicant: TNREF I I I Bravo Vail LLC True North Management LLC, represented by Mauriello Planning Group Planner: Greg Roy 1. Prior to the Town of Vail providing signatures for the plat, the applicant shall receive an "Ability to Serve" letter from Eagle River Water and Sanitation District. Planner Roy introduced the project, explained the components (easements) of the plat and the project's history. No public comment Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the motion and it passed (7-0). 2.2. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel can be found as an attachment to the agenda item. PEC21-0009 and PEC21-0010 will be heard concurrently in this introductory meeting. Please see PEC21-0010 for the staff memorandum and related attachments. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Chairman Kurz introduces items 2.2 and 2.3 as they are connected applications. Planner Spence gives an introduction to the applications. He goes over the location, the history, the connection to the Open Lands Plan updated in 2018, and the environmental concerns with developing this parcel. Pratt asks about a reference to a new bus stop being added on the frontage road and if that has been approved yet. Spence notes that it is too early in the process to approve that and while there may be room to install a pull out, we have yet to determine if a bus stop would work in that location. Dominic Mauriello, representing the applicant, gives an introduction on their proposal. Pete W iechecki of Treeline Multifamily Partners, Ltd, introduces himself and the intention behind this application. Dominic goes through a presentation on the parcel. He touches on location, the proposal, proximity to services, zoning analysis, Vail Land Use Plan, other lots zoned Housing or have a High Density Residential land use, the criteria for a zoning map amendment, the Employee Housing Strategic Plan, and the land use plan amendment criteria. Gillette asks what is intended to be built on this site. Dominic says 70% deed restricted and 30% market rate apartments. There may be childcare or another amenity for the community. Gillette asks about the Booth Heights rezoning and how in the end they asked for an environmental report and that should have been done at the rezoning rather at the end. Dominic says they had a report for the rezoning at Booth Heights, but Perez disagrees. Spence says that the focus should be on if one is necessary with this application on the table. Asks out whether the Planning Commission would like one, as they can request specific material as needed. Gillette asks if there was an environmental report done at the Booth Heights rezoning, and if another one was done later with the development plan. Dominic says they did an analysis at rezoning, but did further study as requested for the development plan later in the process. Spence adds that Land Use amendment was not done at Booth Heights which we are looking at with this application. This is the time to look at the use of the site. Staff firmly believes that any environmental assessment that needs to be done for the site should be done at this point. Perez says it is impossible to know what the rezoning effect will be without a development plan. Perez wants to know what the closest use would be to the low -medium scale development mentioned in the OLP. Spence says there are 3 land uses, low, medium, and high density for residential with different density being the main difference between the three. Dominic adds that the Housing district allows PEC to set the standards, so there is no risk. The PEC can limit it to as much as they believe is allowable based on a future environmental study. Spence agrees, except that the land use under the zoning changes the appropriate uses on the site. If we change the land use to High Density instead of Park it changes the fundamental approach to the developability of the parcel. Gillette wants to go back to review various land use plans and the different takes from staff and applicant. He would also like some sort of environmental assessment before making a decision. Spence asks what he would like to see in that report. Gillette doesn't want to lead findings by suggesting something but would like to leave it up to the biologist to give them the environmental concerns that exist in the area and possible development impacts. Kurz agrees they should have some sort of environmental study done. He would like to see Staff work with the applicant on what the scope of a study should be and that it be done by a 3rd party consultant. Lockman clarifies that the applicant said there was a mistake done in the land use plan and asks if staff agrees with that statement. Spence says staff does not agree it was a mistake. It was zoned Agriculture back in the 70s and seemed the appropriate use due to proximity of the Gore Creek and Donovan park. The lots across the creek are a different use due to other circumstances. Lockman agrees that the intensity of development is the crux of the argument and that previous Commissioner's comments are correct. We'd be going from Park to High-density. This is a big change and would need a study to understand the impact of the development. Kurz asks for some indication of density in terms of population. 122 units with 82k sq. ft of building gives some idea, but how many people are anticipated. What would the parking plans be? Is there a concern the Donovan park could begin to function as overflow? Environmental concerns and Gore Creek protection is big for this application. Spence reiterates that the site may be suitable for some development but plans and adopted policies seems to specifically limit the amount of development. Pratt adds that there is double the amount of mass and three time the amount of parking than what was on solar vail. This is a lot for Frontage road and would like PW to weigh in on the impacts to that road, as it is the steepest portion of the frontage road. Spence has spoken with Tom Kassmel, Town Engineer. He believes that there is room for it and could be accommodated, but the configuration changes in the road would need further review. Kjesbo mentions the criteria talks about potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents being one of the criteria. Past planners and Councils have talked about potential open space and making sure all the valley isn't built up and there is still some open space preserved. There is a problem with taking an environmentally sensitive parcel and developing on it. Focus shifts and we're hard on housing right now, but we shouldn't lose all of our open space. Need more information on the SDD in the area and was this considered on it. The bike path is right there and pristine, what would it look like with a 4 -story building right there? Kjesbo agrees with Perez we need a plan. Agrees with Lockman on going from Park to High Density Residential is a big stretch. Need to do more notification to let people know of the application. Documents show low to medium density and this is much different. A lot of concern about adding this next to Donovan as they will absolutely "poach" parking. Concerned about losing open space to high-density housing. Spence states if this would be changed to high-density residential and the rest of the project does not happen, it would leave this site open to a high density residential project and would be hard to say no to if this goes from park to high density. Gillette asks about the connection of the land use to the SDD Spence says SDD is connected, but more connected to the zoning which is set by land use. The SDD amends some of the zoning requirements, but not uses. The Zoning is determined by the land use underneath. Dominic adds that developability is based on zoning. The Housing zoning is set by the PEC and could be limited as appropriate. The risk of not knowing what the zoning will be does not make a development plan feasible at this time. Applicant would like to know what the PEC thinks is appropriate amount for this lot and if the land use is desirable here. An environmental report is difficult to do without a development plan. Gillette wants to know the difference between what a development would look like under low density land use and housing zoning and high density land use and housing zoning. What would be different. Spence, low density is generally single-family and duplex development. Medium density is 4-14 units per acre, with more of an attached product development. High density is 15 units and above. The size can be the same with different amount of units inside, which is a greater intensity and greater impact on the surrounding and facilities. Gillette says once it is a Housing it is a blank check and it wouldn't matter for the land use, correct? Spence says that low density may not work for housing, but medium or high could be appropriate for that zoning. The underlying land use would help staff and PEC know what amount of intensity it appropriate when it comes to density. Dominic says how solar vail is medium density but did 65 units/acre with the housing. It is more about how the building fits the site more than units inside of it. We could call this medium density and do something similar to Solar Vail in theory. Kjesbo clarifies that the PEC could find that the Agricultural and Open Space zoning and Park land use is appropriate and not change the land use or zoning, correct? Spence agrees. Gillette asks if they could do housing on this lot and if so, then why change? Lockman reiterates this question. Dominic points out leniency of Housing district development standards compared to what would be allowed under the current zoning. Gillette would like a comparison. Spence says that rezoning or land use sets the table for what could be proposed. AOS community housing would be much smaller than a project under the Housing zone district. Kurz asks for public comment and puts a letter received into the record. John Rediker is interested in discussion and appreciates the applicant's concern about doing a development plan prior to surety of a final zoning. He recognizes the uniqueness of the lot. High density designation on such a small site is tough. Over 100 units with above ground parking is a large footprint and at development stage would lead to a lot of bulk and mass. Standing on the bike path the building would be a big impact with a four story building stretching the length of the lot. Seeking to change the land use without the commission understanding the scope and scale of the development is tough. Agrees with applicant that they can't have an impactful environmental report without knowing what will be going on the site. At some point one will be required, and it will affect gore creek with runoff, garage drains, adequacy of typical drainage prevention. Susan Bird agrees with Mr. Rediker. She walks this path every day for 45 years and it is a shame to do any development there. We need to embrace open space. There are other areas for housing and would be disappointed with any development in this location. No more public input. Public comment is closed. Gillette would like to know the ability to do some sort of image of a massing model to show a potential development on the site. Dominic believes they could do something of the sort. It sounds like the Town wants to know impacts of runoff and human impacts in the environmental report. Spence asks for clarification on what further information would be required by the PEC in order to make a decision on these applications. Gillette says yes, they will need an environmental report. Needs a better handle on the land use plan and other documents. A deeper analysis on those relevant plans are necessary. Massing models of different densities and different setbacks. Spence clarifies, an environmental analysis and massing analysis. Gillette agrees. Massing would need to come first and determining massing could allow for a more accurate environmental report. Lockman asks about the intent in a comment on the OLP, about if the town had acquired this parcel what would the town be doing with it? Spence says we wouldn't know what the application would be but it could be the same situation with the Town and the applicant. Land use and environmental impacts aren't affected by ownership. The results and impacts would be the same. Spence there is no other document that says this is a developable site Dominic says there are a lot of documents that say housing should be done as infill and where possible. Perez says that we need more information to make a decision. Spence brings up a point from what the applicant had said earlier, that there was not a deep dive and that now may be the time to determine the developability before we make the change in that direction. Kurz wraps up the comments from commissioners by requesting the information that were brought forth by the commission. Karen Perez moved to continue to March 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-00010) The legal description of the parcel can be found as an attachment to the agenda item. 60 min. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Karen Perez moved to continue to March 22, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.4. A request for a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.3 acre portion of Tract A, Middle Creek Subdivision, from Open Space to High Density Residential, and setting forth details in regard thereto. (PEC21- 0004) 2 min. The applicant has requested this item be tabled to a date uncertain. Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence 2.5. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 4.47 acres from the General Use (GU) zoning to Natural Area Preservation (NAP) and approximately 2.3 acres from Natural Area Preservation (NAP) zoning to Housing (H) within Tract A, Middle Creek Subdivision, and setting forth details in regard thereto. (PEC21-0005) 2 min. The applicant has requested this item be tabled to a date uncertain. Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence 2.6. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for subdivision of the existing Tract A, Middle Creek Subdivision, into two parcels, Tract Al (appro)imately 14.9 acres) and Lot 4 (approximately 2.3 acres), and setting forth details in regard thereto. (PEC21-0006) 2 min. The applicant has requested this item be tabled to a date uncertain. Applicant: Town of Vail, represented by Vail Home Partners Planner: Jonathan Spence 3. Approval of Minutes 3.1. February 22, 2021 PEC Results Brian Gillette moved to approve. Karen Perez seconded the motion and it passed (6-0). Abstain: (1) Pratt 4. Adjournment Brian Gillette moved to adjourn. Karen Perez seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000670407-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only forjurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 3/19/2021 and that the last publication of said notice was dated 3/19/2021 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 3/23/2021. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 3/23/2021. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 JFJU a-- NOTARYPUDl1C D A F COLORADO am— Mqua t&AL PLANNING AND ENVIRONMENTAL COMMISSION March 22, 2021,1:00 PM Virtual 75 S. Frontage Road - Vall, Colorado, 8185] 1. Call to Order 1.1. Register in ativance for this—bi— https://,,M,,b.zoom.us/webinar/regist,,M N-QJybkNzgM,MG MY,H6FE0g Atter registering, yo will receive a coMirmation email containing information eboutjoining the —diner. 1.2. Attendance 2. Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amentlment pursuant to Section 11-3-3, Prescribetl Regulations Amentlment, Vail Town Cotle, to amend Tggitle 11, Sign Regulations, Vail Town Cir[ ruling n Reed v�Towntof G Ibert entlulations toll 9ng th 9U5 Sud sett ng forth details in regard thereto. (PEC20-0032) 90 mPen h en Applicant: Town of Vail Planner: Erik Gates 2.2. Arequest for n recommendation to the Vail Town Council forezone district boundary emendmenl, pursuant to Section 12-3-], Amendment, Veil Town Cotle, to allow for the rezoning of approximate" 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in it gard thereto (PEC21-00D9) The legal tlescription of the parcel can be fou ntl as an attachment to the agentla Item. 2 min. The applicant has requested this item be continued. Applicant Veil Hotel Pedners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence 2.3. Arequ tf.r.recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plen, to change the designation of an approximate 2.19 are metes and bounds parcel from Park to High IJensily Residential, lopaled at 1497 South Frontage Road West, and setling forth details in regard the,-. (PE021-00010) The legal description of the parcel can be found es an attachment to the agentla item.2 min. The applicant has q.. -d this item be continuetl. Applicant Vail Hotel Partners LLC Laurus Corporation, rophoserted by Mauriello Planning Group Planner: Jonathan Spence 3. Approval of Mlnutes 3.1. March 8, 2021 PEC Results 4. Adjournment The appllcations and lnformationaboutmeproposals are available for public inspection duringg gularof- tice hours at the Town of Vail Community Oevelopmenf OepertmenL 75 South Frontage Roed. The public nvited to anend the project orientation antl the site visits that precede the public hearing In the Town of Vail Communiy Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning antl Environmental Commission will con- sitl ran item. Please cell (970) 479-213810, ad itional information. Please call 711 for sign language inter- pretation "hour prior to meeting time. Communily Development Department Published in the Vail D,iIV March 19, 2021. 0000670407 Ad #: 0000666719-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVENthat[he Planning and Your account number is: 1023233 hold a puhl ct hear ng in aloco�donos W in Seco imWit 2 3-6, Vail Town Code, on March 22, 2021 at 1:00 on, in the Town of Vail Municipal Buildin g. PROOF OF PUBLICATION Register in advance for this webinar: Ns,usD2webs—us ebIhW,eolsle,1WN Qlv VAIL DAILY bk zg Px ul ea STATE OF COLORADO Atter regisfering,ywill receiveacontirmation milcgnminin9. nation abaniolningthe webinar. COUNTY OF EAGLE A request for a rewmmendation to the Veil Town Council fora Prescribed Reg (dims Amendment pursuant to Section 1,-3-3, Prescribed Regulations I, Mark Wurzer, do solemnly swear that I am Publisher of Amendment, VwI Town Code, to amend Tiia 11, Sign Regulabons, Vall Town Coda, in orderto reduce the VAIL DAILY, that the same daily newspaper in ten, based regulaims iollgwing the US Su - P.M. Cou coling in Reed v. Town of Gil to—rel printed, whole or in part and published in the County of Eagle, ohm regard tl ereto. (PEC20�0062) ening fodh details in State of Colorado, and has a general circulation therein; Toe,n of PIanlner:'Erik Old. ail that said newspaper has been published continuously and The applications and lniormaion about the propoes- Isara available for public inspection dude oollff uninterruptedly in said County of Eagle for a period of spadmant 75 South Frontage Ro tl°Th publio more than fifty-two consecutive weeks next prior to the Invited to attend site visits. Please call 97D479 - 2138 or visi www.vaegm.com/planningforaddiion- first publication of the annexed legal notice or al ird«madi advertisement and that said newspaper has published the Sign language Interpretation available upon request win24-hour noiftstion, out 711. requested legal notice and advertisement as requested. Published 000 667 Sato 5, zo2, in In. veil Daily. The VAIL DAILY is an accepted legal advertising medium, only forjurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 3/5/2021 and that the last publication of said notice was dated 3/5/2021 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 3/9/2021. /Ik..L&-d, Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 3/9/2021. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 lFJU YPDIHA NOTARY NDl1C A OF COLORADO Mqusrt&AL