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HomeMy WebLinkAboutPEC110054 Ski Storage 102411 To: Planning and Environmental Commission From: Community Development Department Date: October 24, 2011 Subject: A request for a recommendation to the Vail Town Council for prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski storage, and setting forth details in regard thereto. (PEC110054) Applicant: Town of Vail Planner: Rachel Dimond I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to establish outdoor ski staging as a land use. Based on the evidence and testimony presented at this hearing, and the criteria in Section V, Staff recommends that the Planning and Environmental Commission recommend approval, with modifications, to the Vail Town Council for the proposed amendments. II. DESCRIPTION OF THE REQUEST The following problem statement, goal and council direction provide a summary of the issues that are being addressed with the proposed regulations amendments: Problem Statement Hotels have introduced ski concierge services in close proximity to ski lifts to improve customer service. These ski concierge services often include the temporary outdoor storage of skis and snowboards on portable racks to facilitate distribution of equipment to guests. Ski concierge services are not contemplated by the Vail Town Code, as this type of service did not exist when the current regulations were adopted. The use has been permitted on the interior as part of accessory lodge, commercial ski storage and retail. As a result, the Town has no underlying policy direction on this subject, and thus, interpretations by Staff may result in arbitrary rulings, inequities, unfairness or inconsistencies. Town of Vail Page 2 Goals • Improve customer service and the guest experience by providing opportunities for guests to store their ski equipment and/or boots after on-mountain activity, thus enhancing vibrancy in the commercial cores. • Create regulations that are equitable, fair, clear and concise and not arbitrary or capricious. • Provide clear expectations that result in a consistent outcome. • Create a streamlined review process. • Create regulations that are enforceable. • Maintain adequate circulation and pedestrian safety in commercial cores and in the ski yard. • New outdoor activity should not negatively impact right-of-way. • Establish regulations that will match outdoor ski staging with the world class mountain resort community appearance of Vail. Council Direction The Vail Town Council has established a goal of improving the guest experience and providing exceptional customer service. In order to achieve this goal, the Vail Town Council has directed Staff to propose amendments to the Zoning Regulations with the objective being to get skis out of guests’ hands. The ability for guests to walk around without skis and boots would also strengthen the vitality of the commercial cores by increasing the critical mass of people present after on-mountain activities. There are two different aspects to this, with hourly ski valet and overnight ski valet, as well as services for boot storage. Staff believes the following factors should be considered when contemplating outdoor staging and/or storage of skis: • Applicable zone districts • Whether ski equipment should be permitted outside during the daytime, nighttime, or both • Permit requirements • Location on private property and/or in the right-of-way • Relationship to storefront windows • Types of businesses to be permitted to have this outdoor activity • Pop-up tents, fencing and/or barricades • Signage identifying activity and associated businesses • Employee presence for facilitation of distribution and receipt • Standards for rack design In response to the Town Council and PEC direction, Staff drafted proposed regulations, which are summarized as follows: • Establish “outdoor ski staging” as a conditional use in the CC1, LMU-1, LMU-2, SBR and SBR-2, with use specific criteria to direct the PEC review. • Establish regulations for outdoor ski staging signs that allows six (6) square feet of signage subject to design review. Town of Vail Page 3 • Create a definition for basket storage. • Add a reference to the outdoor display of goods regulations where mentioned in the location of business activity regulations. • Clarify regulations on location of business activity to allow outdoor ski staging. The following are proposed prescribed regulations amendments to the Zoning Regulations outlined above (additions are in bold and deletions are in strikethrough): TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE: SECTION 11-2-1: DEFINITIONS ENUMERATED: Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and other similar equipment to facilitate distribution and collection to owners and renters of equipment, located outside of a business that rents and/or stores ski equipment, where skis, snowboards, poles and other similar equipment are stored overnight in an approved commercial ski storage associated land use location. CHAPTER 11-7: OTHER SIGNS: SECTION 11-7-17: OUTDOOR SKI STAGING SIGNS: A. Description: Outdoor ski staging signs shall be described as any signage associated with or identifying outdoor ski staging activity. B. Applicability: Outdoor ski staging signs shall only be permitted in conjunction with approved outdoor ski staging. C. Number: Subject to design review. D. Location: Outdoor ski staging signs shall be located within approved outdoor ski staging areas, including on racks and associated elements. E. Type: Outdoor ski staging signs may be freestanding, wall, awning. F. Area: No more than six (6) square feet of outdoor ski staging signs shall be permitted. G. Lighting: No lighting shall be permitted in association with outdoor ski staging signs. SECTION 12-2-2: DEFINITIONS, ENUMERATED: Basket Storage: Storage for clothing, boots, shoes and other accessory skiing items, not including skis, snowboards and poles, in a basket or locker, whether for a fee or for free, and either an individual land use or as an accessory use to a skier services or retail establishment that conducts rental activity Town of Vail Page 4 Commercial Ski Storage: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. Frontage, Business: The horizontal, linear dimension of any side of an above grade level that fronts a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business Outdoor Display: A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment, and further regulated by section 12-14-21 of this title. Outdoor display does not include any outdoor ski staging. Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and other similar equipment, not including boots and clothing, to facilitate distribution and collection to owners and renters of equipment, located outside of a business that rents and/or stores ski equipment, where skis, snowboards, poles and other similar equipment are stored overnight in an approved commercial ski storage associated land use location. ARTICLE 12-6I: HOUSING (H) DISTRICT: 12-6I-9: LOCATION OF BUSINESS ACTIVITY: B. Outdoor display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. ARTICLE 12-7B: COMMERCIAL CORE 1 (CC1) DISTRICT: 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Town of Vail Page 5 Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7B-9: ACCESSORY USES: The following accessory uses shall be permitted in the CC1 district: Basket storage operated in conjunction with permitted retail establishments that engage in rental activity. 12-7B-18: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses, and services permitted by sections 12-7B-2 through 12-7B-5 of this article, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, outdoor ski staging and the outdoor display of goods. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. C. Outdoor ski staging: Outdoor ski staging shall comply with all regulations in Section 12-14-22 of this title. ARTICLE 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT: 12-7C-6: ACCESSORY USES: The following accessory uses shall be permitted in the CC2 district: Basket storage operated in conjunction with permitted retail establishments that engage in rental activity. 12-7C-14: LOCATION OF BUSINESS ACTIVITY: B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. ARTICLE 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT: 12-7D-3: ACCESSORY USES: The following accessory uses shall be permitted in the commercial core 3 district: Basket storage operated in conjunction with permitted retail establishments that engage in rental activity. 12-7D-11: LOCATION OF BUSINESS ACTIVITY: B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and Town of Vail Page 6 exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT: 12-7E-13: LOCATION OF BUSINESS ACTIVITY: B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT: 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 1 district: Basket storage operated in conjunction with permitted retail establishments and/or skier services that engage in rental activity. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, outdoor ski staging, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. Town of Vail Page 7 C. Outdoor ski staging: Outdoor ski staging shall comply with all regulations in Section 12-14-22 of this title. ARTICLE 12-7I: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT: 12-7I-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-7I-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 2 district: Basket storage operated in conjunction with permitted retail establishments and/or skier services that engage in rental activity. 12-7I-17: LOCATION OF BUSINESS ACTIVITY: B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. C. Outdoor ski staging shall comply with all regulations in Section 12-14-22 of this title. ARTICLE 12-8D: SKI BASE/RECREATION (SBR) DISTRICT: 12-8D-3: CONDITIONAL USES: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-8D-5: LOCATION OF BUSINESS ACTIVITY: Town of Vail Page 8 All offices and retail sales conducted in the ski base/recreation district shall be operated and conducted entirely within a building except for approved special events, outdoor ski staging and food and beverage vending. ARTICLE 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT: 12-8E-3: CONDITIONAL USES: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22. 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the ski base/recreation 2 district: Basket storage operated in conjunction with permitted retail establishments and/or skier services that engage in rental activity. 12-8E-5: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the ski base/recreation 2 (SBR2) district shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, outdoor ski storage and outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. C. Outdoor ski staging shall comply with all regulations in Section 12-14-22 of this title. CHAPTER 12-16: CONDITIONAL USE PERMITS: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 12-16-7A-17: OUTDOOR SKI STAGING: a. The extent to which the proposed use meets the supplemental regulations in Section 12-14-22. CHAPTER 12-14: SUPPLEMENTAL REGULATIONS: 12-14-22: OUTDOOR SKI STAGING: A. Purpose: The purpose of this section is to establish regulations for the outdoor staging, distribution and collection of ski equipment for the purpose of providing improved customer service and enhanced guest experience while maintaining aesthetic harmony with the mountain setting and the alpine village atmosphere of the Town. Town of Vail Page 9 B. Applicability: Outdoor ski staging may be permitted as an accessory use to retail establishments, skier services, commercial ski storage and lodges that conduct ski equipment rental and/or commercial ski storage activity in the following zone districts, and shall be prohibited in all zone districts not listed: 1. Commercial core 1 (CC1) district 2. Lionshead mixed use 1 (LMU-1) district 3. Lionshead mixed use 2 (LMU-2) district 4. Ski base/recreation (SBR) district 5. Ski base/recreation 2 (SBR2) district C. Review Required: Outdoor ski staging, where permitted by the provisions of this title, are subject to design review pursuant to Chapter 12-11, Design Review, Vail Town Code. D. Requirements: Where permitted, outdoor ski staging shall be subject to the following requirements: 1. Location: Outdoor ski staging may be located along a business frontage. It may also be located on or directly adjacent to the ski yard. Outdoor ski staging and associated areas for circulation should be entirely within the property boundaries of the establishment unless permitted to utilize public property under an approved license agreement or when given written approval by property owner for outdoor ski staging on or adjacent to a ski yard. Outdoor ski staging shall not impede circulation and shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, connection of exit discharge to the public way, fire lanes parking or loading/delivery spaces or access to trash receptacles, dumpsters, mailboxes, manholes, water valves, flowerbeds or other landscape areas. Outdoor ski staging shall maintain a minimum distance to fire hydrants of seven feet (7') to side or rear, and fourteen feet (14') to the front. 2. Street and Sidewalk Width: Streets shall maintain a minimum width of twenty-two feet (22') to provide access for emergency vehicles and secondary pedestrian streets and paths that do not require emergency vehicle access shall maintain a minimum width of six feet (6'), or the minimum width necessary to provide access for emergency vehicles and circulation for the public, as determined by the Administrator. 3. Aesthetics: Outdoor ski staging racks and associated elements shall not visually detract from or block storefront or shop windows as viewed from the public right-of-way, and shall not create a cluttered look. Outdoor ski staging racks and associated elements shall be Town of Vail Page 10 compatible with existing structures, their surrounding and with Vail’s environment. Compatibility can be achieved through the proper consideration of scale, proportions, materials and colors. The design of outdoor ski staging racks and associated elements shall promote the openness, attractiveness and established character of the resort community. 4. Duration of Use: Outdoor ski staging racks shall be freestanding, temporary in nature, and shall only be permitted in the approved exterior location between the hours of 6 am and 7 pm. Outdoor ski staging is only permitted when Vail Mountain is open for the public ski season. 5. Overnight storage: Racks, associated elements and ski equipment shall be stored overnight in an approved location for commercial ski storage or similar use. Racks, associated elements and ski equipment shall not be stored in the aisles of retail areas. 6. Associated elements: Tents or similar coverings, tables, chairs, podiums and barricades of a temporary nature may be permitted should they meet the other requirements of this section. 7. Height: No part of any outdoor ski staging rack or associated elements, except ski equipment, awnings and tents, shall extend more than six feet (6') above existing grade. 8. Staffing: An employee of the associated business shall be present outside at all approved outdoor ski staging location at all times during outdoor ski staging hours to assist customers in the distribution and collection of ski equipment. 9. Maintenance: All approved racks, signage, tents and fences, including their support structures and related racks, shall be kept in good repair; this includes replacement and repainting when appropriate, and other actions that contribute to attractive outdoor ski staging. All hardware shall be properly painted and finished, as approved. 10. Signage: Signage is subject to the regulations of Section 11-7-17 of this code. 11. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the applicable design review entity that the proposed exterior alteration or new development is in compliance with the purposes of the Zoning Regulations, all applicable regulations adopted by the Town of Vail, that the proposal is consistent with the applicable elements of the Town of Vail Page 11 Vail Comprehensive Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood. III. BACKGROUND On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of 1975, An Ordinance Amending Zoning Ordinance by Imposing Horizontal Zoning in CCI. The purpose of this ordinance was “…to maintain and preserve the character of the Vail commercial area”, “…to continue the balance between the many commercial and residential uses permitted in the Commercial Core 1 District”, and “…to promote a variety of retail shops at the pedestrian level.” Ordinance No. 26, Series of 1989 was adopted to amend the Zoning Regulations to allow commercial ski storage as a permitted use only in the basement and garden level of buildings in CCI and CCII. In 1999, along with the adoption of the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, commercial ski storage became a permitted use only on lower levels in order to allow for retail and restaurant uses on the street level. Horizontal zoning was implemented in the commercial core areas in part to allow primarily retail and restaurant on the first floor of Vail Village and Lionshead. These are uses that promote a lively commercial core, and also promote the collection of sales tax. These uses create a certain feel for visitors that give them shopping and eating experiences that lead to a positive visit. The Vail Town Code also limits other profitable uses such as real estate offices to prevent the displacement of these publicly desirable retail and restaurant uses. Commercial ski storage was prohibited in first floor spaces because they do not provide a major sales tax flow, and because of their profitability, they would displace other desirable uses. In 2001, an application was submitted by the Town of Vail, with Council direction, to allow commercial ski storage as a conditional use on the first and second floors of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. The application was withdrawn, with Council direction, after the PEC recommended denial of the proposed amendment. Council directed Staff to clarify the definitions of “basement and garden level” and “first floor street level.” According to the minutes from the August 28, 2001 Vail Town Council meeting, “the issue was raised last spring by Tom Neyens of Ski Valet, who called the town to express concerns about possible violations by other businesses in Lionshead. Neyens has testified against expansion of ski storage to the first floor. Instead, he has advocated strict enforcement of existing regulations and consistent interpretation of the town code.” In 2009, the Vail Town Council instructed Staff to provide additional information on commercial ski storage. Staff returned to the Vail Town Council on July 6, 2010 with policy options for commercial ski storage. The Vail Town Council stated that commercial ski storage Town of Vail Page 12 should continue to be a prohibited use on the first floor within Vail Village and Lionshead. Staff was then instructed to meet with ski storage and ski shop business owners to get feedback on this issue. The following comments were received from those interviewed: • On whether commercial ski storage should be permitted on the first floor:  It should be permitted as accessory to retail and skier services  It should not be allowed or viewable on the first floor at all  It should be allowed in marginal spaces • On how the regulations should be amended:  All businesses should be treated fairly, with equal rights to ski storage  The regulations need to be cleared up, to close loopholes and give clear expectations • On what customers want:  Guests want easy access and cheap storage close to the mountain  Guests do not want to walk up and down stairs in ski boots  Guests want to store clothes and shoes during the day, and boots and ski gear at night The Four Season’s ski concierge service is located in the Hong Kong Building and was approved by the Town Council on July 21, 2009, as an accessory use to a lodge. All guest skis and guest rentals are stored on site below grade and are placed outside on a ramp in the right-of-way to distribute and collect during the day. A ski rack and employee are also stationed at the edge of the ski yard to greet guests and retrieve their skis. The Sebastian opened Base Camp in the Vista Bahn Building below Tap Room. This retail establishment with ski rentals is open to the public and provides basket storage and ski storage to Sebastian guests for their own skis and rentals. Skis owned by Sebastian guests are either tuned overnight at Base Camp or are brought back to the Sebastian for overnight storage due to limitations of commercial ski storage. The Sonnenalp contracts with the Ski Haus and Tommy’s Tunes to provide ski rental to guests and storage below grade overnight. Ski equipment is placed under a pop-up tent on private property during the day for guest pickup and drop off. Vail Resorts, via Specialty Sports Vail, operates public storage at Mountain Plaza and Lionshead ski yards. Pop-up tents with signage have been used to temporarily store skis, which are placed below grade overnight. The Arrabelle, being one the only hotels on the ski yard, along with the private Arrabelle Club, provides ski storage for guests, with skis brought to the ski yard upon a guest’s arrival to the underground ski lockers. Commercial ski storage and similar activities are regulated in numerous ways, as outlined below: Town of Vail Page 13 • Commercial ski storage: Commercial Ski Storage is defined in Section 12-2-2, Definitions, Enumerated, as follows: “Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage.” Commercial ski storage is listed as a type of personal service permitted on the garden or basement level in the Commercial Core 1 District. Commercial ski storage is listed separately from personal services as a permitted use on the garden or basement level in the Lionshead Mixed Use 1 and 2 Districts. Commercial ski storage is permitted in the basement or garden level of the Ski Base Recreation 2 District. Examples include Sonnenalp and Tommy’s Tunes in the basement of the Ski Haus, Double Diamond ski lockers in the basement of Lionshead Center, Vista Bahn Ski Rentals in the basement of the Bridge Street Building, Ski Valet at Concert Hall Plaza) • Indoor and outdoor ski storage is listed as a permitted use outside of the lodge in the Ski Base Recreation District. Also listed as a permitted use in the Ski Base Recreation District is basket rental, which could be deemed as a more limited form of storage for all items but skis. • Determination of similar use to a restaurant: The Vail Town Council determined that a locker room with food service for Cordillera Club members was similar to a restaurant on the second floor at the Vista Bahn Building. • Accessory to a lodge: The Vail Town Council determined that ski lockers for hotel guests are an accessory use to a lodge, whether on or off-site. The Four Seasons in the Hong Kong Building is an example of off-site lodge accessory use, while the Arrabelle ski storage in some aspects is considered accessory to the lodge. The Marriot has outdoor on-site ski storage that are considered accessory to the lodge. • Private Club: There are numerous private clubs, including the Vail Mountain Club and Arrabelle Club that offer ski lockers below grade as part of club amenities. • Accessory to Retail/ rental establishments: There are existing businesses in Town that are primarily ski rental and/or ski repair and as an accessory use, offer overnight commercial ski storage. Examples of other types of businesses/ land uses that offer storage include: businesses that rent and tune skis for periods as short as overnight or as long as the ski season with storage provided for the length of the paid services. In this case, businesses advertise as ski storage facilities, but maintain to the Town of Vail that this is incidental to the ski tuning business, such as Ski Valet in Lionshead Center. Other rental businesses provide nightly ski storage for those renting skis, such as Gorsuch and Pepi’s. The Sebastian has their own ski shop in the Vista Bahn Building that serves hotel guests and the public, and tunes guest skis each night to provide overnight storage. If skis are not tuned, they are stored at the Sebastian. Most ski rental businesses provide basket storage for no fee to renters. • Skier Services: “Skier and guest services including, but not limited to, uses such as basket rental, lockers…” is permitted on all levels of the Ski Base Recreation Town of Vail Page 14 2 District. Skier services is a permitted use on the garden or basement level and first floor street level and a conditional use on the second floor or above in Lionshead Mixed Use 1 and 2 Districts. Examples of ski storage as part of skier services includes the Children’s Ski School, and ski lockers in the Lionshead ski yard. • Basket rental: Basket rental is permitted as a stand alone use in the SBR and SBR 2 Districts. These districts both have lockers that function as basket rental. In other districts, basket rental is considered accessory to rental businesses for use by rental clients. • Boot Check: Some businesses have boot check to provide guest comfort and protect floor surfaces. An example is Bol in Solaris, which checks ski boots at the door and provides slippers to guests. Staff considers this accessory to the bowling alley and not part of any ski or basket storage. • Location of business activities: In CC1, LMU-1, LMU-2, SBR and SBR-2, there are provisions that require all business activity to occur indoors, with few exceptions. These provisions were included in the original adoption of these zone districts, and have been amended over the years to add and subtract types of activity that can occur outside a structure. On August 2, 2011, the Vail Town Council directed Staff to work on adopting regulations to allow ski concierge services and similar businesses to use outdoor space on private property for ski distribution and collection in order to improve the guest experience. Further, the Vail Town Council suggested Staff continue to explore ways to get skis out of guests’ hands to enhance customer service. On September 26, 2011, the Planning and Environmental Commission directed Staff to create outdoor ski staging as a conditional use in districts adjacent to the ski yard. The PEC also directed Staff to allow up to 6 square feet of signage. Commissioners directed Staff not to amend horizontal zoning to allow more basket storage other than accessory to rental businesses. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS (in part): 12-1-2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, Town of Vail Page 15 and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-7B, COMMERCIAL CORE 1 (CC1) DISTRICT 12-7B-1, PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. ARTICLE 12-7H, LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT 12-7H-1, PURPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and Town of Vail Page 16 density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. ARTICLE 12-7I, LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 12-7I-1, PURPOSE: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. ARTICLE 12-8D, SKI BASE/RECREATION (SBR) DISTRICT SECTION 12-8D-1, PURPOSE: The ski base/recreation district is intended to provide for the base facilities necessary to operate the ski mountain and to allow multi-family residential dwellings as a secondary use if certain criteria are met. In addition, summer recreational uses and facilities are encouraged to achieve multi- seasonal use of some of the facilities and provide for efficient use of the facilities. ARTICLE 12-8E, SKI BASE/RECREATION 2 (SBR2) DISTRICT SECTION 12-8E-1, PURPOSE: The ski base/recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the Town of Vail Page 17 operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The ski base/recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. V. REVIEW CRITERIA The following are review criteria for prescribed regulations amendments, with Staff response below: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff finds the proposed text amendments further the general purpose of promoting “the coordinated and harmonious development of the town in a manner that will conserve and enhance..its established character as a resort.. community of high quality” by allowing outdoor ski staging and thus improving the guest experience in our resort community. By making outdoor ski staging a conditional use with specific use criteria subject to review by the Planning and Environmental Commission with specific criteria, outdoor ski staging can be reviewed to further the specific purposes of the Zoning Regulations including securing safety, promoting “safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets,” “safeguard and enhance the appearance of the town” and to “otherwise provide for the growth of an orderly and viable community.” Generally, the improved guest services and concern for the aesthetics of this use will further the purpose of conserving and maintaining “established community qualities and economic values.” The proposed amendments to the Sign Regulations will allow up to six (6) square feet of signage for outdoor ski staging signs. Staff believes this amount of signage may contribute to clutter and thus, diminish community qualities, which is why Staff is recommending that signage be reduced to a maximum of three (3) square feet. Due to the potential for clutter and an unsightly exterior, the proposed regulations for both signs and other outdoor ski staging requirements may diminish established community qualities if the reviewing board is not careful to ensure all community Town of Vail Page 18 goals and qualities are met with the introduction of each outdoor ski staging operation. Staff finds that outdoor ski staging as a permitted accessory use instead of a conditional use may accomplish the same general and specific purposes of the Zoning Regulations. The following are pros and cons of outdoor ski staging as a conditional use versus outdoor ski staging as an accessory use that is permitted: The following are pros and cons of outdoor ski staging as a conditional use: Pros: • Additional oversight with Planning and Environmental Commission review • Process provides discretion and flexibility to review applications on an individual basis • Adjacent property owner notification occurs with a conditional use permit review • Additional enforceability with added layer of review Cons: • Extended review timeframe (30+ days) • Increased application fees ($650 PEC, $250 DRB) • Additional Staff resources • The regulations are more flexible to allow review on individual basis, which could reduce predictability and consistency The following are pros and cons of outdoor ski staging as an accessory use: Pros: • Shorter review timeframe (14+ days) • Reduced application fees ($250 DRB) • Reduced Staff resources Cons: • No additional oversight with only design review • No adjacent property owner notification with design review only 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 Staff finds the proposed text amendments further the goals, objectives and policies within the Vail Village Master Plan and the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan suggests that “Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of Town of Vail Page 19 improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes.” The provision of outdoor ski staging will improve the après ski guest experience and allow for more time to shop and enjoy off-mountain activities. The Lionshead Redevelopment Master Plan Objective 2.3.2 calls for vitality and additional amenities, which outdoor ski staging accomplishes. The provision of outdoor ski staging accomplishes goal #2 of the Vail Village Master Plan, which is “to foster a strong tourist industry..” Objective 2.2 is to “recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents,” which outdoor ski storage accomplishes by allowing guests to transition from skiing to other activities. 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 Staff finds that conditions have substantially changed in that a new use is being demanded by the public, the ski rental industry and the lodging community. The act of outdoor ski staging occurred last season with no policies or regulations clearly legislating this use. The current regulations are no longer appropriate and the proposed regulations will clarify how to deal with this land use. However, it should be noted that similar activity has occurred inside structures since the inception of Vail Mountain and skis have been distributed and collected without staging outdoors. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff finds the creation of outdoor ski staging as a conditional use with use specific criteria on life safety, circulation, aesthetics and location will provide a harmonious, convenient and workable relationship between outdoor ski staging and other uses within the Town. The regulations will also further the municipal development objective of providing enhanced infrastructure to improve the guest experience. Allowing outdoor ski staging will also enhance the livelihood of the commercial cores, allowing more people to roam around and shop after skiing. However, it is imperative that measures be taken to diligently review applications for outdoor ski staging in order to ensure that the use will be harmonious with the circulation requirements of the general public. Outdoor ski staging, if permitted in the right-of-way, may not be consistent with the municipal development objective to use the right-of-way for public uses. The purpose of right-of-way is to have public property for uses such as circulation, snow storage, landscaping, drainage and public events. However, the right-of-way has been semi-privatized where adjacent to private structures. However, in a mixed-use environment, it may be detrimental to the Town’s goals to allow right-of-way for Town of Vail Page 20 private use, specifically for outdoor ski storage. Municipal development objectives have historically allowed location of business activity to occur outdoors, as the location of business activity regulations were enacted when most zone districts were established in 1973. Through the years, the location of business activity regulations have added and eliminated the types of activity that could occur outside. The proposed regulations would allow a new type of use outside the business, consistent with the changing regulations of location of business activity that have responded to uses that are compatible on the exterior of the business. 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 approval, with modifications, for prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski storage, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski storage, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval with modifications for this request, the Community Development Department recommends the Commission make the following modifications: “1. The proposed regulations shall be amended to establish outdoor ski staging as an accessory use only, not a conditional use. 2. The proposed regulations shall be amended to allow only three (3) square feet of signage.” Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department Town of Vail Page 21 recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: “The Planning and Environmental Commission finds: 1. 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. The amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. 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.”