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HomeMy WebLinkAboutPEC090006 deniedPlanning and Environmental Commisson਍ഀ ACTION FORM਍ഀ l Department of Community Development਍ഀ 7OWNTF VAI • 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ t 4'YOEVELQP# NT web: www.vailgov.com਍ഀ Project Name: TEMP BUILDING BANNER SIGNS PEC Number: PEC090006਍ഀ Project Description:਍ഀ Participants:਍ഀ CODE AMENDMENT(S) TO ALLOW DECORATIVE BUILDING WRAP FOR MAJOR CONSTRUCTION਍ഀ PROJECTS- SEE ORDINANCE NO 11, SERIES OF 2009਍ഀ OWNER VAIL COLORADO MUNICIPAL BLDG 02/27/2009਍ഀ 75 S FRONTAGE RD਍ഀ VAIL਍ഀ CO 81657਍ഀ APPLICANT VAIL VALLEY FOUNDATION 02/27/2009਍ഀ PO BOX 309਍ഀ VAIL਍ഀ CO 81658਍ഀ Project Address: 75 S FRONTAGE RD WEST VAIL Location:਍ഀ Legal Description: Lot: Block: Subdivision: R.O.W.਍ഀ Parcel Number: 2101-064-0000-3਍ഀ Comments: SEE CONDITIONS਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: VIELE਍ഀ Second By: TJOSSEM਍ഀ Vote: 2-3-0਍ഀ Conditions:਍ഀ Action: DENIED਍ഀ Date of Approval:਍ഀ Cond: 8਍ഀ (PLAN): No changes to these plans may be made without the written consent of Town of਍ഀ Vail staff and/or the appropriate review committee(s).਍ഀ Cond: CON0010739਍ഀ PEC FAILED TO MAKE A RECOMMENDATION OF APPROVAL. TOWN COUNCIL APPROVED 5/19/09 6-:਍ഀ (HITT OPPOSED)਍ഀ Planner: RACHEL FRIEDE PEC Fee Paid: $1,300.00਍ഀ D ' Ir' ,1' cj਍ഀ Zoning Code Amendments cl਍ഀ Application for Review by the F~9 2 1009਍ഀ Planning and Environmental Commil. on J਍ഀ +tyt OVAAU~" Department of Community Development਍ഀ TOWN OFF 75 South Frontage Road, Vail, Colorado 81657 r j " ? f਍ഀ tel: 970.479.2128 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ General Information:਍ഀ All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a਍ഀ building permit application. Please refer to the submittal requirements for the particular approval that is requested.਍ഀ An application for Planning and Environmental Commission review cannot be accepted until all required information਍ഀ is received by the Community Development Department. The project may also need to be reviewed by the Town਍ഀ Council and/or the Design Review Board.਍ഀ Type of Application and Fee:਍ഀ ❑਍ഀ Rezoning਍ഀ $1300਍ഀ ❑਍ഀ Conditional Use Permit਍ഀ $650਍ഀ ❑਍ഀ Major Subdivision਍ഀ $1500਍ഀ ❑਍ഀ Floodplain Modification਍ഀ $400਍ഀ ❑਍ഀ Minor Subdivision਍ഀ $650਍ഀ ❑਍ഀ Minor Exterior Alteration਍ഀ $650਍ഀ ❑਍ഀ Exemption Plat਍ഀ $650਍ഀ ❑਍ഀ Major Exterior Alteration਍ഀ $800਍ഀ ❑਍ഀ Minor Amendment to an SDD਍ഀ $1000਍ഀ ❑਍ഀ Development Plan਍ഀ $1500਍ഀ ❑਍ഀ New Special Development District਍ഀ $6000਍ഀ ❑਍ഀ Amendment to a Development Plan਍ഀ $250਍ഀ ❑਍ഀ Major Amendment to an SDD਍ഀ $6000਍ഀ Zoning Code Amendment਍ഀ $1300਍ഀ ❑਍ഀ Major Amendment to an SDD਍ഀ $1250਍ഀ Variance਍ഀ $500਍ഀ (no exterior modifications)਍ഀ ❑਍ഀ Sign Variance਍ഀ $200਍ഀ Description of the Request:਍ഀ We would like to hang Vail event specific fabric banners on the northeast corner of the਍ഀ Four Seasons building. The banner(s) would hang from May through August 2009.਍ഀ Location of the Proposal: Lot: Block: Subdivision:਍ഀ Physical Address: / tVL I'QVA(!~ of ~S I " 1 ?56" (/O 7t , 4,62 OZ&5 i਍ഀ Parcel No.: ~(11(4D0 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Zoning:਍ഀ Name(s) of Owner(s):਍ഀ Mailing Address:਍ഀ Owner(s) Signature(s):਍ഀ Name of Applicant:਍ഀ Mailing Address:਍ഀ E-mail Address:਍ഀ For Office Use Only: t r 1^਍ഀ Fee Paid: aJ Check No.: 4 -V r73 By: v a1 V 444 n~ 0-'਍ഀ Meeting Date: 'f 2 PEC No.: -r,-C.O਍ഀ Planner: Project No.: J਍ഀ ;rKQ0l-t)0f445਍ഀ age i o਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: R090000196 Amount: $1,300.00 02/27/200909:20 AM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 47053 VAIL਍ഀ VALLEY FOUNDATION਍ഀ ਍ഀ Permit No: PEC090006 Type: PEC-Zoning Code Amendmen਍ഀ Parcel No: 2101-064-0000-3਍ഀ Site Address: 75 S FRONTAGE RD WEST VAIL਍ഀ Location:਍ഀ Total Fees: $1,300.00਍ഀ This Payment: $1,300.00 Total ALL Pmts: $1,300.00਍ഀ Balance: $0.00਍ഀ ਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ PV 00100003112500 PEC APPLICATION FEES 1,300.00਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission 2 J ✓਍ഀ FROM: Community Development Department਍ഀ DATE: April 13, 2009਍ഀ SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed਍ഀ regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant਍ഀ to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to਍ഀ establish regulations for building wrap signs within the Town of Vail, and setting਍ഀ forth details in regard thereto. (PEC090006)਍ഀ Applicant: Vail Valley Foundation਍ഀ Planner: Rachel Friede਍ഀ 1. SUMMARY਍ഀ The applicant, the Vail Valley Foundation, is requesting a final recommendation to the਍ഀ Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations,਍ഀ Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail਍ഀ Town Code, to establish regulations for temporary building banner signs within the Town਍ഀ of Vail.਍ഀ Based upon Staff's review of the criteria outlined in Section V of this memorandum and਍ഀ the evidence and testimony presented, the Community Development Department਍ഀ recommends the Commission forwards a recommendation of denial, subject to the਍ഀ criteria and findings noted in Section V of this memorandum. A rendering of a temporary਍ഀ building banner sign that complies with the proposed regulations (Attachment A) and a਍ഀ rendering of a potential sign design for the Vail Dance Festival at the Four Seasons਍ഀ (Attachment B) are attached for reference.਍ഀ II. DESCRIPTION OF REQUEST਍ഀ The applicant is requesting permission to erect a temporary building banner sign on the਍ഀ exterior of the Four Seasons, which is currently under construction, in order to advertise਍ഀ community events, specifically the Vail Dance Festival. Currently, the Vail Town Code਍ഀ lacks any regulations on temporary building banner signs, which by default, deems them਍ഀ prohibited. In order to facilitate this request, the applicant is proposing prescribed਍ഀ regulations amendments to Title 11, Vail Town Code that will allow temporary building਍ഀ banner signs within the Town.਍ഀ The proposed regulation amendments are as follows (text to be deleted is in਍ഀ sti*ethreugh, text that is to be added is in bold italics):਍ഀ 11-2-1: Definitions:਍ഀ Sign, Temporary Building Banner. A "banner-type" display attached to a building਍ഀ under construction that is composed of graphics and text elements to advertise਍ഀ community events਍ഀ Section 11-7-15, Temporary Building Banner Signs਍ഀ A. Purpose: The purpose of this section is to provide regulations for temporary਍ഀ building banner signs, which may be erected on buildings under construction਍ഀ to provide advertisement for community events that have a Town of Vail਍ഀ Special Events Permit and/or receive sponsorship from the Town of Vail਍ഀ Special Events Committee਍ഀ B. Applicability. Temporary building banner signs may be allowed on buildings਍ഀ with a valid building permit for new construction or a demo/rebuild in਍ഀ commercial and business districts, as listed in Section 12-7, Vail Town Code,਍ഀ to advertise community events that have a Town of Vail Special Events਍ഀ Permit and/or receive sponsorship from the Town of Vail Special Events਍ഀ Committee.਍ഀ C. Number. Two (2) temporary building banner signs per development site.਍ഀ D. Size: The total combined size of the temporary building banner signs shall਍ഀ not exceed 1500 square feet per development site. The maximum size of਍ഀ graphics and text associated with the building on which the sign is erected਍ഀ shall not exceed the allowable size of the building identification sign, as਍ഀ outlined in 11-6-4. The combined area of text associated with the community਍ഀ event and graphics and text associated with sponsors of the community਍ഀ event shall not exceed 30% of the area of each sign.਍ഀ E. Content: The temporary building banner sign may only include the following:਍ഀ 1. Graphics and text associated with community event, including one (1)਍ഀ website address and one (1) contact phone number਍ഀ 2. Graphics and text associated with sponsors of the community event਍ഀ 3. Graphics and text associated with the building in which the sign is਍ഀ affixed, which shall not include any phone number or website਍ഀ F. Location: Temporary building banner signs shall be affixed parallel to the਍ഀ building fagade and attached to scaffolding, an exterior weatherization਍ഀ barrier, or to the exterior of the building. Temporary building banner signs਍ഀ shall not extend above the eave line of the building.਍ഀ G. Duration: The signs may be erected only while the building has an active਍ഀ building permit for new construction or a demo/rebuild, as defined by Section਍ഀ 12-2-2. Temporary building banner signs shall be removed within 14਍ഀ business days of the completion of the advertised community event.਍ഀ H. Material: The temporary building banner sign shall be fire retardant material.਍ഀ Lighting: No lighting shall be allowed. Construction lighting shall not be਍ഀ directed to illuminate the temporary building banner signs.਍ഀ 2਍ഀ III. APPLICABLE DOCUMENTS਍ഀ TITLE 11: SIGN REGULATIONS (in part)਍ഀ 11-1-2: PURPOSE:਍ഀ 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:਍ഀ 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.਍ഀ 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, 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. The staff shall਍ഀ review all proposed signs in the context of adjacent signage to verify that the sign is਍ഀ appropriately placed.਍ഀ 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.਍ഀ 11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail:਍ഀ 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;਍ഀ 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;਍ഀ 3਍ഀ V. REVIEW CRITERIA਍ഀ The extent to which the text amendment furthers the general and specific਍ഀ purposes of the Sign Regulations; and਍ഀ Staff believes that the text amendments do not further the general and specific਍ഀ purposes of the Sign Regulations because the temporary building banner signage is਍ഀ vastly larger than any other currently allowed signage. Temporary building banner਍ഀ signs will foster a feeling of an urban environment, which is contrary to the general਍ഀ purpose 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." This proposed shift in Vail's character also does not further the specific਍ഀ purpose noted in Section 11-1-2B, of encouraging "the establishment of well਍ഀ designed, creative signs that enhance the unique character of Vail's village਍ഀ atmosphere."਍ഀ Staff does believe that the specific purpose, noted in Section 11-1-2B, of "preserving਍ഀ a successful and high quality business environment that is aided by signs that਍ഀ identify, direct, and form" is furthered by the text amendments because the਍ഀ temporary building banner signs will promote community events that will provide਍ഀ economic stimulus to the Town.਍ഀ 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਍ഀ Because of the size and character of the proposed temporary building banner signs,਍ഀ Staff believes these proposed amendments will not better implement and achieve the਍ഀ adopted goals, objectives and policies of the Town's Development Standards and਍ഀ Comprehensive Plan. The Vail Village Master Plan Goal #1 is to "encourage high਍ഀ quality redevelopment while preserving unique architectural scale of the village in਍ഀ order to sustain its sense of community and identity." Similarly, the Lionshead਍ഀ Redevelopment Master Plan states that "Lionshead can and should be renewed and਍ഀ redeveloped to become a warmer, more vibrant environment for guests and਍ഀ residents. Lionshead needs an appealing and coherent identity, a sense of place, a਍ഀ personality, a purpose, and an improved aesthetic character. "਍ഀ The temporary building banner signs do further the economic development and਍ഀ vitality goals within the portions of the Comprehensive Plan, including Goal #2 of the਍ഀ Vail Village Master Plan, "To foster a strong tourist industry and promote year-round਍ഀ economic health and viability for the village and for the community as a whole."਍ഀ However, there are other methods for promoting economic health that do not conflict਍ഀ with other goals.਍ഀ 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਍ഀ 4਍ഀ Because of the shift in economic conditions, the Vail Valley Foundation is looking for਍ഀ a new way to market their events to the community. While this may be one change in਍ഀ condition that could help justify a shift in acceptable signage within the Town of Vail,਍ഀ the community has continued to support the protection of the unique character of਍ഀ Vail. Staff believes that conditions have not changed to warrant such a shift in sign਍ഀ policy.਍ഀ 4. The extent to which the text amendment provides a harmonious, convenient,਍ഀ workable relationship among land use regulations consistent with municipal਍ഀ development objectives.਍ഀ There are numerous regulations in Title 11 that conflict with the concept of temporary਍ഀ building banner signs. Because the temporary building banner signs are large and਍ഀ will hang much higher as compared to currently allowed signage within the Town, the਍ഀ proposed regulations conflict with Section 11-5-2, Design Guidelines, which਍ഀ recommends that signs within the Town "be consistent with the scale and਍ഀ architecture already present in the town" and "be compatible with the placement of਍ഀ surrounding signs."਍ഀ Allowing temporary building banner signs of 1500 sq ft on the exterior of a building is਍ഀ also in conflict with Section 11-5-3, Design Standards, which requires that all signs in਍ഀ the Town "shall not visually dominate the structure or business to which they belong. "਍ഀ Temporary building banner signs by nature will serve as temporary billboards to਍ഀ promote an event from an off-site location. These large signs will be visible from I-਍ഀ 70, and may become a distraction for drivers. For these reasons, the proposed text਍ഀ amendments are in conflict with Section 11-9-2, Prohibited Signs, which outlines the਍ഀ prohibition of off-site advertising and billboards, and bans any sign that "creates an਍ഀ unsafe distraction for motor vehicle operators." This is why billboards are prohibited,਍ഀ per Section 11-9-2K.਍ഀ 5. Such other factors and criteria the Commission and/or Council deem਍ഀ applicable to the proposed text amendment.਍ഀ VI. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends the Planning and Environmental਍ഀ Commission forwards a recommendation of denial to the Vail Town Council for਍ഀ prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulation਍ഀ Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, to਍ഀ establish regulations for temporary building banner signs within the Town of Vail, and਍ഀ setting forth details in regard thereto.਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial of this request, the Community Development Department਍ഀ recommends the Commission pass the following motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staff's April 13,਍ഀ 2009 memorandum and the evidence and testimony presented, the Planning and਍ഀ Environmental Commission forwards a recommendation of denial to the Vail਍ഀ Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to਍ഀ 5਍ഀ amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail, and setting forth details਍ഀ in regard thereto, with the following findings:਍ഀ 1. That the amendment is not consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is not compatible with the development objectives of the Town; and਍ഀ 2. That the amendment does not further the general and specific purposes of਍ഀ the Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code;਍ഀ and਍ഀ 3. That the amendment does not promote the health, safety, morals, and਍ഀ general welfare of the Town and does not 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. "਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of approval to the Vail Town Council for the proposed text਍ഀ amendment, the Community Development Department recommends the Commission਍ഀ makes the following motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staff's April 13,਍ഀ 2009 memorandum and the evidence and testimony presented, the Planning and਍ഀ Environmental Commission forwards a recommendation of approval to the Vail਍ഀ Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to਍ഀ amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail, and setting forth details਍ഀ in regard thereto, with the following findings:਍ഀ 1. That the amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is compatible with the development objectives of the Town, and਍ഀ 2. That the amendment furthers the general and specific purposes of the Sign਍ഀ Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; 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. "਍ഀ VII. ATTACHMENTS਍ഀ A. Rendering of Temporary building banner Sign on The Four Seasons਍ഀ B. Rendering of Vail Dance Festival Sign਍ഀ 6਍ഀ Attachment A਍ഀ Attachment B਍ഀ i.i. -਍ഀ ਍ഀ cam- ,਍ഀ MEMORANDUM਍ഀ TO: Vail Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: May 5, 2009਍ഀ SUBJECT: First reading of Ordinance No. 11, Series of 2009, an ordinance amending Title 11,਍ഀ Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed਍ഀ Regulations Amendment, Vail Town Code, to establish regulations for temporary਍ഀ building banner signs within the Town of Vail, and setting forth details in regard਍ഀ thereto. (PEC090006)਍ഀ Applicant: Vail Valley Foundation਍ഀ Planner: Rachel Friede਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ The applicant, the Vail Valley Foundation, is requesting a first reading of Ordinance No. 11,਍ഀ Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code,਍ഀ pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to਍ഀ establish regulations for temporary building banner signs within the Town of Vail, and਍ഀ setting forth details in regard thereto.਍ഀ Staff requests that the Vail Town Council approve, approve with modifications, or deny਍ഀ Ordinance No. 11, Series of 2009, upon first reading. Attached to this memorandum are਍ഀ the following documents for review: Ordinance No. 11, Series of 2009 (Attachment A), April਍ഀ 13, 2009, Staff memorandum to the Planning and Environmental Commission (Attachment਍ഀ B), and updated renderings of signage provided by the applicant (Attachment C).਍ഀ BACKGROUND਍ഀ The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment਍ഀ to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners਍ഀ on buildings under construction to advertise community events. On April 13, 2009, the਍ഀ Town of Vail Planning and Environmental Commission made a final recommendation of਍ഀ denial to the Vail Town Council (3-2 vote, Tjossem and Viele opposed, Pierce and Palladino਍ഀ absent).਍ഀ III. STAFF RECOMMENDATION਍ഀ Based upon Staff's review of the criteria outlined in Section V of the Staff memorandum to਍ഀ the PEC dated April 13, 2009, and the evidence and testimony presented, the Community਍ഀ Development Department recommends denial of Ordinance No. 11, Series of 2009.਍ഀ Should the Town Council choose to deny Ordinance No. 11, Series of 2009, the਍ഀ Community Development Department recommends the Town Council pass the following਍ഀ motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staff's April 13, 2009਍ഀ memorandum and the evidence and testimony presented, the Town council denies਍ഀ Ordinance No. 11, Series of 2009, an ordinance amending Title 11, Sign਍ഀ Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations਍ഀ Amendment, Vail Town Code, to establish regulations for temporary building banner਍ഀ signs within the Town of Vail, and setting forth details in regard thereto, with the਍ഀ following findings:਍ഀ 1. That the amendment is not consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive Plan਍ഀ and is not compatible with the development objectives of the Town; and਍ഀ 2. That the amendment does not further the general and specific purposes of the਍ഀ Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; and਍ഀ 3. That the amendment does not promote the health, safety, morals, and general਍ഀ welfare of the Town and does not 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."਍ഀ Should the Town Council choose to approve these amendments, the Community਍ഀ Development Department recommends the Town Council pass the following motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staffs April 13, 2009,਍ഀ memorandum and the evidence and testimony presented, the Town Council਍ഀ approves, on first reading, Ordinance No. 11, Series of 2009, an ordinance਍ഀ amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,਍ഀ Prescribed Regulations Amendment, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail, and setting forth details in਍ഀ regard thereto, with the following findings:਍ഀ 1. That the amendments are 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 amendments further the general and specific purposes of the਍ഀ Development Standards outlined in Section 11-1-1, Purpose and Intent, Vail਍ഀ Town Code; and਍ഀ 3. That the amendments 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. "਍ഀ IV. ATTACHMENTS਍ഀ A. Ordinance No. 11, Series of 2009਍ഀ B. April 13, 2009, Staff memorandum to the Planning and Environmental Commission਍ഀ C. Updated renderings of temporary building banner signs਍ഀ 2਍ഀ Attachment A਍ഀ ORDINANCE NO. 11਍ഀ SERIES OF 2009਍ഀ AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN਍ഀ CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS਍ഀ AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR਍ഀ TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND਍ഀ SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town਍ഀ Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail in order to promote community events;਍ഀ and,਍ഀ WHEREAS, the Planning and Environmental Commission of the Town of Vail held a਍ഀ public hearing on April 13, 2009 and reviewed and forwarded a recommendation of denial to the਍ഀ Vail Town Council for the proposed text amendments to the Sign Regulations in accordance਍ഀ with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code;਍ഀ and,਍ഀ WHEREAS, the Town Council finds and determines that the amendments are 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, based਍ഀ upon Section V of the Staff memorandum to the Planning and Environmental Commission dated਍ഀ April 13, 2009, and the evidence and testimony presented; and,਍ഀ WHEREAS, the Town Council finds and determines that the amendments further the਍ഀ general and specific purposes of the Sign Regulations, based upon Section V of the Staff਍ഀ memorandum to the Planning and Environmental Commission dated April 13, 2009, and the਍ഀ evidence and testimony presented; and,਍ഀ WHEREAS, the Town Council finds and determines that the 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, based upon Section V of the Staff memorandum to the Planning and Environmental਍ഀ Commission dated April 13, 2009, and the evidence and testimony presented.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO, THAT:਍ഀ Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in਍ഀ order to establish regulations for temporary building banner signs.਍ഀ Section 2. Section .11-2-1, Definitions, Vail Town Code is hereby amended as਍ഀ follows (Text that is to be deleted is StFiskee. Text that is to be added is bold. Sections of text਍ഀ that are not amended may be omitted.)਍ഀ Ordinance No. 11, Series of 2009, first reading਍ഀ Sign, Temporary Building Banner. A "banner-type" display attached to a building਍ഀ under construction that is composed of graphics and text elements to advertise਍ഀ community events਍ഀ Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established਍ഀ as follows (text to be deleted is in s+-& gh text that is to be added is bold):਍ഀ Section 11-7-15, Temporary Building Banner Signs਍ഀ A. Purpose: The purpose of this section is to provide regulations for temporary਍ഀ building banner signs, which may be erected on buildings under construction਍ഀ to provide advertisement for community events that have a Town of Vail਍ഀ Special Events Permit and/or receive sponsorship from the Town of Vail਍ഀ Special Events Committee਍ഀ B. Applicability: Temporary building banner signs may be allowed on buildings਍ഀ with a valid building permit for new construction or a demo/rebuild in਍ഀ commercial and business districts, as listed in Section 12-7, Vail Town Code,਍ഀ to advertise community events that have a Town of Vail Special Events਍ഀ Permit and/or receive sponsorship from the Town of Vail Special Events਍ഀ Committee.਍ഀ C. Number. No more than two (2) temporary building banner signs shall be਍ഀ permitted per development site.਍ഀ D. Size: The total combined size of the temporary building banner signs shall਍ഀ not exceed 1500 square feet per development site. The maximum size of਍ഀ graphics and text associated with the building on which the sign is erected਍ഀ shall not exceed the allowable size of the building identification sign, as਍ഀ outlined in 11-6-4. The combined area of text associated with the community਍ഀ event and graphics and text associated with sponsors of the community਍ഀ event shall not exceed 30% of the area of each sign.਍ഀ E. Content: The temporary building banner sign may only include the following:਍ഀ 1. Graphics and text associated with community event, including one (1)਍ഀ website address and one (1) contact phone number਍ഀ 2. Graphics and text associated with sponsors of the community event਍ഀ 3. Graphics and text associated with the building in which the sign is਍ഀ affixed, which shall not include any phone number or website਍ഀ F. Location: Temporary building banner signs shall be affixed parallel to the਍ഀ building fagade and attached to scaffolding, an exterior weatherization਍ഀ barrier, or to the exterior of the building. Temporary building banner signs਍ഀ shall not extend above the eave line of the building.਍ഀ G. Duration: The signs may be erected only while the building has an active਍ഀ building permit for new construction or a demo/rebuild, as defined by Section਍ഀ 2 Ordinance No. 11, Series of 2009, first reading਍ഀ 12-2-2. Temporary building banner signs shall be removed within 14 calendar਍ഀ days of the completion of the advertised community event.਍ഀ H. Material: The temporary building banner sign shall be fire retardant material.਍ഀ Lighting: No lighting shall be allowed. Construction lighting shall not be਍ഀ directed to illuminate the temporary building banner signs.਍ഀ Section 4. If any part, section, subsection, sentence, clause or phrase of this਍ഀ ordinance is for any reason held to be invalid, such decision shall not 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 5. The Town Council hereby finds, determines and declares that this਍ഀ ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the਍ഀ inhabitants thereof.਍ഀ Section 6. 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 7. 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 5th day of May, 2009 and a public਍ഀ hearing for second reading of this Ordinance set for the 19th day of May, 2009, in the Council਍ഀ Chambers of the Vail Municipal Building, Vail, Colorado.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 3 Ordinance No. 11, Series of 2009, first reading਍ഀ Attachment B਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: April 13, 2009਍ഀ SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed਍ഀ regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant਍ഀ to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to਍ഀ establish regulations for building wrap signs within the Town of Vail, and setting਍ഀ forth details in regard thereto. (PEC090006)਍ഀ Applicant: Vail Valley Foundation਍ഀ Planner: Rachel Friede਍ഀ SUMMARY਍ഀ The applicant, the Vail Valley Foundation, is requesting a final recommendation to the਍ഀ Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations,਍ഀ Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail਍ഀ Town Code, to establish regulations for temporary building banner signs within the Town਍ഀ of Vail.਍ഀ Based upon Staffs review of the criteria outlined in Section V of this memorandum and਍ഀ the evidence and testimony presented, the Community Development Department਍ഀ recommends the Commission forwards a recommendation of denial, subject to the਍ഀ criteria and findings noted in Section V of this memorandum. A rendering of a temporary਍ഀ building banner sign that complies with the proposed regulations (Attachment A) and a਍ഀ rendering of a potential sign design for the Vail Dance Festival at the Four Seasons਍ഀ (Attachment B) are attached for reference.਍ഀ II. DESCRIPTION OF REQUEST਍ഀ The applicant is requesting permission to erect a temporary building banner sign on the਍ഀ exterior of the Four Seasons, which is currently under construction, in order to advertise਍ഀ community events, specifically the Vail Dance Festival. Currently, the Vail Town Code਍ഀ lacks any regulations on temporary building banner signs, which by default, deems them਍ഀ prohibited. In order to facilitate this request, the applicant is proposing prescribed਍ഀ regulations amendments to Title 11, Vail Town Code that will allow temporary building਍ഀ banner signs within the Town.਍ഀ The proposed regulation amendments are as follows (text to be deleted is in਍ഀ +^k gn text that is to be added is in bold italics):਍ഀ 11-2-1: Definitions:਍ഀ Sign, Temporary Building Banner: A "banner-type" display attached to a building਍ഀ under construction that is composed of graphics and text elements to advertise਍ഀ community events਍ഀ Section 11-7-15, Temporary Building Banner Signs਍ഀ A. Purpose: The purpose of this section is to provide regulations for temporary਍ഀ building banner signs, which may be erected on buildings under construction਍ഀ to provide advertisement for community events that have a Town of Vail਍ഀ Special Events Permit and/or receive sponsorship from the Town of Vail਍ഀ Special Events Committee਍ഀ B. Applicability: Temporary building banner signs may be allowed on buildings਍ഀ with a valid building permit for new construction or a demo/rebuild in਍ഀ commercial and business districts, as listed in Section 12-7, Vail Town Code,਍ഀ to advertise community events that have a Town of Vail Special Events਍ഀ Permit and/or receive sponsorship from the Town of Vail Special Events਍ഀ Committee.਍ഀ C. Number: Two (2) temporary building banner signs per development site.਍ഀ D. Size: The total combined size of the temporary building banner signs shall਍ഀ not exceed 1500 square feet per development site. The maximum size of਍ഀ graphics and text associated with the building on which the sign is erected਍ഀ shall not exceed the allowable size of the building identification sign, as਍ഀ outlined in 11-6-4. The combined area of text associated with the community਍ഀ event and graphics and text associated with sponsors of the community਍ഀ event shall not exceed 30% of the area of each sign.਍ഀ E. Content: The temporary building banner sign may only include the following:਍ഀ 1. Graphics and text associated with community event, including one (1)਍ഀ website address and one (1) contact phone number਍ഀ 2. Graphics and text associated with sponsors of the community event਍ഀ 3. Graphics and text associated with the building in which the sign is਍ഀ affixed, which shall not include any phone number or website਍ഀ F. Location: Temporary building banner signs shall be affixed parallel to the਍ഀ building fagade and attached to scaffolding, an exterior weatherization਍ഀ barrier, or to the exterior of the building. Temporary building banner signs਍ഀ shall not extend above the eave line of the building.਍ഀ G. Duration: The signs may be erected only while the building has an active਍ഀ building permit for new construction or a demo/rebuild, as defined by Section਍ഀ 12-2-2. Temporary building banner signs shall be removed within 14਍ഀ business days of the completion of the advertised community event.਍ഀ H. Material: The temporary building banner sign shall be fire retardant material.਍ഀ Lighting: No lighting shall be allowed. Construction lighting shall not be਍ഀ directed to illuminate the temporary building banner signs.਍ഀ 2਍ഀ M. APPLICABLE DOCUMENTS਍ഀ TITLE 11: SIGN REGULATIONS (in part)਍ഀ 11-1-2: PURPOSE:਍ഀ 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:਍ഀ 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.਍ഀ 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, 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. The staff shall਍ഀ review all proposed signs in the context of adjacent signage to verify that the sign is਍ഀ appropriately placed.਍ഀ 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.਍ഀ 11-9-2: PROHIBITED SIGNS. The following signs are prohibited within the town of Vail:਍ഀ 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;਍ഀ 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;਍ഀ V. REVIEW CRITERIA਍ഀ The extent to which the text amendment furthers the general and specific਍ഀ purposes of the Sign Regulations; and਍ഀ Staff believes that the text amendments do not further the general and specific਍ഀ purposes of the Sign Regulations because the temporary building banner signage is਍ഀ vastly larger than any other currently allowed signage. Temporary building banner਍ഀ signs will foster a feeling of an urban environment, which is contrary to the general਍ഀ purpose 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." This proposed shift in Vail's character also does not further the specific਍ഀ purpose noted in Section 11-1-2B, of encouraging "the establishment of well਍ഀ designed, creative signs that enhance the unique character of Vail's village਍ഀ atmosphere."਍ഀ Staff does believe that the specific purpose, noted in Section 11-1-2B, of "preserving਍ഀ a successful and high quality business environment that is aided by signs that਍ഀ identify, direct, and form" is furthered by the text amendments because the਍ഀ temporary building banner signs will promote community events that will provide਍ഀ economic stimulus to the Town.਍ഀ 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਍ഀ Because of the size and character of the proposed temporary building banner signs,਍ഀ Staff believes these proposed amendments will not better implement and achieve the਍ഀ adopted goals, objectives and policies of the Town's Development Standards and਍ഀ Comprehensive Plan. The Vail Village Master Plan Goal #1 is to "encourage high਍ഀ quality redevelopment while preserving unique architectural scale of the village in਍ഀ order to sustain its sense of community and identity." Similarly, the Lionshead਍ഀ Redevelopment Master Plan states that "Lionshead can and should be renewed and਍ഀ redeveloped to become a warmer, more vibrant environment for guests and਍ഀ residents. Lionshead needs an appealing and coherent identity, a sense of place, a਍ഀ personality, a purpose, and an improved aesthetic character."਍ഀ The temporary building banner signs do further the economic development and਍ഀ vitality goals within the portions of the Comprehensive Plan, including Goal #2 of the਍ഀ Vail Village Master Plan, "To foster a strong tourist industry and promote year-round਍ഀ economic health and viability for the village and for the community as a whole."਍ഀ However, there are other methods for promoting economic health that do not conflict਍ഀ with other goals.਍ഀ 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਍ഀ 4਍ഀ Because of the shift in economic conditions, the Vail Valley Foundation is looking for਍ഀ a new way to market their events to the community. While this may be one change in਍ഀ condition that could help justify a shift in acceptable signage within the Town of Vail,਍ഀ the community has continued to support the protection of the unique character of਍ഀ Vail. Staff believes that conditions have not changed to warrant such a shift in sign਍ഀ policy.਍ഀ 4. The extent to which the text amendment provides a harmonious, convenient,਍ഀ workable relationship among land use regulations consistent with municipal਍ഀ development objectives.਍ഀ There are numerous regulations in Title 11 that conflict with the concept of temporary਍ഀ building banner signs. Because the temporary building banner signs are large and਍ഀ will hang much higher as compared to currently allowed signage within the Town, the਍ഀ proposed regulations conflict with Section 11-5-2, Design Guidelines, which਍ഀ recommends that signs within the Town "be consistent with the scale and਍ഀ architecture already present in the town" and "be compatible with the placement of਍ഀ surrounding signs."਍ഀ Allowing temporary building banner signs of 1500 sq ft on the exterior of a building is਍ഀ also in conflict with Section 11-5-3, Design Standards, which requires that all signs in਍ഀ the Town "shall not visually dominate the structure or business to which they belong."਍ഀ Temporary building banner signs by nature will serve as temporary billboards to਍ഀ promote an event from an off-site location. These large signs will be visible from I-਍ഀ 70, and may become a distraction for drivers. For these reasons, the proposed text਍ഀ amendments are in conflict with Section 11-9-2, Prohibited Signs, which outlines the਍ഀ prohibition of off-site advertising and billboards, and bans any sign that "creates an਍ഀ unsafe distraction for motor vehicle operators." This is why billboards are prohibited,਍ഀ per Section 11-9-2K.਍ഀ 5. Such other factors and criteria the Commission and/or Council deem਍ഀ applicable to the proposed text amendment.਍ഀ VI. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends the Planning and Environmental਍ഀ Commission forwards a recommendation of denial to the Vail Town Council for਍ഀ prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulation਍ഀ Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, to਍ഀ establish regulations for temporary building banner signs within the Town of Vail, and਍ഀ setting forth details in regard thereto.਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial of this request, the Community Development Department਍ഀ recommends the Commission pass the following motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staffs April 13,਍ഀ 2009 memorandum and the evidence and testimony presented, the Planning and਍ഀ Environmental Commission forwards a recommendation of denial to the Vail਍ഀ Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to਍ഀ amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail, and setting forth details਍ഀ in regard thereto, with the following findings:਍ഀ 1. That the amendment is not consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is not compatible with the development objectives of the Town; and਍ഀ 2. That the amendment does not further the general and specific purposes of਍ഀ the Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code;਍ഀ and਍ഀ 3. That the amendment does not promote the health, safety, morals, and਍ഀ general welfare of the Town and does not 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."਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of approval to the Vail Town Council for the proposed text਍ഀ amendment, the Community Development Department recommends the Commission਍ഀ makes the following motion:਍ഀ "Based upon the review of the criteria outlined in Section V of Staff's April 13,਍ഀ 2009 memorandum and the evidence and testimony presented, the Planning and਍ഀ Environmental Commission forwards a recommendation of approval to the Vail਍ഀ Town Council, pursuant to Section 11-3-1C, Amendments, Vail Town Code, to਍ഀ amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail, and setting forth details਍ഀ in regard thereto, with the following findings:਍ഀ That the amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is compatible with the development objectives of the Town; and਍ഀ 2. That the amendment furthers the general and specific purposes of the Sign਍ഀ Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; 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."਍ഀ VII. ATTACHMENTS਍ഀ A. Rendering of Temporary building banner Sign on The Four Seasons਍ഀ B. Rendering of Vail Dance Festival Sign਍ഀ 6਍ഀ Attachment A਍ഀ Attachment B਍ഀ lk਍ഀ IF T਍ഀ 1਍ഀ MEMORANDUM਍ഀ TO: Vail Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: May 19, 2009਍ഀ SUBJECT: Second reading of Ordinance No. 11, Series of 2009, an ordinance amending Title਍ഀ 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed਍ഀ Regulations Amendment, Vail Town Code, to establish regulations for temporary਍ഀ building banner signs within the Town of Vail, and setting forth details in regard਍ഀ thereto. (PEC090006)਍ഀ Applicant: Vail Valley Foundation਍ഀ Planner: Rachel Friede਍ഀ DESCRIPTION OF THE REQUEST਍ഀ The applicant, the Vail Valley Foundation, is requesting a second reading of Ordinance No.਍ഀ 11, Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code,਍ഀ pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to਍ഀ establish regulations for temporary building banner signs within the Town of Vail, and਍ഀ setting forth details in regard thereto.਍ഀ Staff requests that the Vail Town Council approve, approve with modifications, or deny਍ഀ Ordinance No. 11, Series of 2009 (see Attachment A), upon second reading.਍ഀ II. BACKGROUND਍ഀ The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment਍ഀ to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners਍ഀ on buildings under construction to advertise community events.਍ഀ ' On April 13, 2009, the Town of Vail Planning and Environmental Commission failed to pass਍ഀ a motion for a recommendation of approval to the Vail Town Council (2-3-0, Kjesbo, Kurz,਍ഀ Lindall opposed). Failure to pass a motion for a recommendation of approval is by default a਍ഀ recommendation of denial to the Vail Town Council.਍ഀ On May 5, 2009, the Vail Town Council unanimously approved Ordinance No. 11, Series of਍ഀ 2009 (6-0-0) with the following changes, which are reflected in the ordinance language:਍ഀ • Maximum of five signs within the Town of Vail at any time਍ഀ • One sign per building਍ഀ • Ninety (90) day maximum per sign਍ഀ • Sign removal maximum seven (7) days after event completion਍ഀ • Ordinance expires on September 30, 2009਍ഀ III. ACTION REQUESTED OF THE TOWN COUNCIL਍ഀ The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.਍ഀ 11, Series of 2009, upon second reading.਍ഀ Should the Town Council choose to approve this request, the Community Development਍ഀ Department recommends the Town Council pass the following motion:਍ഀ "The Town Council approves, on second reading, Ordinance No. 11, Series of 2009,਍ഀ an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to਍ഀ Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish਍ഀ regulations for temporary building banner signs within the Town of Vail, and setting਍ഀ forth details in regard thereto.਍ഀ Should the Town Council choose to approve this request, the Planning and Environmental਍ഀ Commission recommends the Town Council makes the following findings:਍ഀ "Based upon the review of the criteria outlined in Section V of the Staff਍ഀ memorandum to the Planning and Environmental Commission dated April 13, 2009,਍ഀ and the evidence and testimony presented, the Town Council finds:਍ഀ 1. That the amendments are 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 amendments further the general and specific purposes of the਍ഀ Development Standards outlined in Section 11-1-1, Purpose and Intent, Vail਍ഀ Town Code; and਍ഀ 3. That the amendments 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. "਍ഀ IV. ATTACHMENTS਍ഀ A. Ordinance No. 11, Series of 2009਍ഀ 2਍ഀ ORDINANCE NO. 11਍ഀ SERIES OF 2009਍ഀ AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN਍ഀ CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS਍ഀ AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR਍ഀ TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND਍ഀ SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town਍ഀ Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for਍ഀ temporary building banner signs within the Town of Vail in order to promote community events;਍ഀ and,਍ഀ WHEREAS, the Planning and Environmental Commission of the Town of Vail held a਍ഀ public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval਍ഀ to the Vail Town Council for the proposed text amendments to the Sign Regulations in਍ഀ accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail਍ഀ Town Code; and,਍ഀ WHEREAS, the Town Council finds and determines that the amendments are 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, based਍ഀ upon Section V of the Staff memorandum to the Planning and Environmental Commission dated਍ഀ April 13, 2009, and the evidence and testimony presented; and,਍ഀ WHEREAS, the Town Council finds and determines that the amendments further the਍ഀ general and specific purposes of the Sign Regulations, based upon Section V of the Staff਍ഀ memorandum to the Planning and Environmental Commission dated April 13, 2009, and the਍ഀ evidence and testimony presented; and,਍ഀ WHEREAS, the Town Council finds and determines that the 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, based upon Section V of the Staff memorandum to the Planning and Environmental਍ഀ Commission dated April 13, 2009, and the evidence and testimony presented.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO, THAT:਍ഀ Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in਍ഀ order to establish regulations for temporary building banner signs.਍ഀ Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as਍ഀ follows (Text that is to be deleted is 6tF*Gken. Text that is to be added is bold. Sections of text਍ഀ that are not amended may be omitted.)਍ഀ Ordinance No. 11, Series of 2009, first reading਍ഀ Sign, Temporary Building Banner. A "banner-type" display attached to a building਍ഀ under construction that is composed of graphics and text elements to advertise਍ഀ community events਍ഀ Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established਍ഀ as follows (text to be deleted is in , text that is to be added is bold):਍ഀ Section 11-7-15, Temporary Building Banner Signs਍ഀ A. Purpose: The purpose of this section is to provide regulations for temporary਍ഀ building banner signs, which may be erected on buildings under construction਍ഀ to provide advertisement for community events that have a Town of Vail਍ഀ Special Events Permit and/or receive sponsorship from the Town of Vail਍ഀ Commission on Special Events.਍ഀ B. Applicability: Temporary building banner signs may be allowed on buildings਍ഀ with a valid building permit for new construction or a demo/rebuild in਍ഀ commercial and business districts, as listed in Section 12-7, Vail Town Code,਍ഀ to advertise community events that have a Town of Vail Special Events਍ഀ Permit and/or receive sponsorship from the Town of Vail Commission on਍ഀ Special Events.਍ഀ C. Number. No more than one temporary building banner sign shall be਍ഀ permitted per structure. At any time, only five (5) signs may be permitted਍ഀ within the Town of Vail.਍ഀ D. Size: The total combined size of the temporary building banner signs shall਍ഀ not exceed 1500 square feet per development site. The maximum size of਍ഀ graphics and text associated with the building on which the sign is erected਍ഀ shall not exceed the allowable size of the building identification sign, as਍ഀ outlined in 11-6-4. The combined area of text associated with the community਍ഀ event and graphics and text associated with sponsors of the community਍ഀ event shall not exceed 30% of the area of each sign.਍ഀ E. Content: The temporary building banner sign may only include the following:਍ഀ 1. Graphics and text associated with community event, including one (1)਍ഀ website address and one (1) contact phone number਍ഀ 2. Graphics and text associated with sponsors of the community event਍ഀ 3. Graphics and text associated with the building in which the sign i ~਍ഀ affixed, which shall not include any phone number or websi਍ഀ F. Location: Temporary building banner signs shall b ed parallel to the਍ഀ build4no 4een de and hed to scaffolding, n exterior weatherization਍ഀ barri the exterior of the building, Temporary building banner signs਍ഀ shall a ove the eave one o e uilding.਍ഀ G. Duration: The signs may be erected for up to ninety (90) days, and only while਍ഀ the building has an active building permit for new construction or a਍ഀ demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs਍ഀ shall be removed within seven 7) calendar days of the completion of the਍ഀ advertised community event. 4t v- P • b ~ • ~a`^" '°f" S' Y`^ ~k਍ഀ H. Material: The temporary building ba ner sign shall be fire retardant material. *0 46A਍ഀ 1. Lighting: No lighting shall be allowed. Construction lighting shall not be~~~਍ഀ directed to illuminate the temporary building banner signs.਍ഀ J. Termination Of Section: The authority granted pursuant to this section shall 0-6 f t t਍ഀ terminate on September 30, 2009, unless sooner extended or terminated by਍ഀ separate ordinance of the council. S J/ y~਍ഀ ~t,.V ~਍ഀ 2 Ordinance No. 11, Series of 2009, first readinr n &L਍ഀ Section 4. If any part, section, subsection, sentence, clause or phrase of this਍ഀ ordinance is for any reason held to be invalid, such decision shall not 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 5. The Town Council hereby finds, determines and declares that this਍ഀ ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the਍ഀ inhabitants thereof.਍ഀ Section 6. 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 7. 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 5th day of May, 2009 and a public਍ഀ hearing for second reading of this Ordinance set for the 19th day of May, 2009, in the Council਍ഀ Chambers of the Vail Municipal Building, Vail, Colorado.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day਍ഀ of May, 2009.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 3 Ordinance No. 11, Series of 2009, first reading਍ഀ