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2010-10 ORDINANCE NO. 10 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE PROPERTY SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF CALCULATING ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations 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, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFiketheugh, text that is to be added is bold, and sections of text that are not amended have been omitted) 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. SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY: A sign that is permitted for private properties which provide public unstructured parking or public parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays available for use by the public. These public parking spaces and loading bays must be above and beyond the requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. SECTION 2 . Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethAugh, text that is to be added is bold, and sections of text that are not amended have been omitted) b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the Design Review Board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to Ordinance No. 10, Series of 2010, second reading 1 r. the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. 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 four (4) square feet; location shall be subject to design review. SECTION 3 . Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail Town Code, is hereby established as follows (text that is to be added is bold): 11 -7 -15: 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, Vail Town Code, with a minimum of 25 parking spaces and /or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. 1. Number: One 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 (8') feet above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. 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 street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of this Chapter. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Public parking and loading signs shall include language and /or symbols identifying parking and /or loading bays available for use by the public on no less than fifty percent (50 %) of the total sign area. b. Signs may identify the owner or the project name and logo. c. Changeable copy may be allowed to identify the availability of parking spaces and /or loading bays. 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 Vail 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. Ordinance No. 10, Series of 2010, second reading 2 SECTION 5. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 6. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 4 day of May, 2010 and a public hearing for second reading of this Ordinance set for the 18 day of May, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. • ••• fi ZZ4 Richard D. Cleveland, May r • T ST: !/ Z • •• ApO el Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of May, 2010. Richard D. Cleveland, ayo ATT T: K top-" . *0 orelei onaldson, Town Clerk: S ib- ,�' 0. 0 Nro Ordinance No. 10, Series of 2010, second reading 3