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HomeMy WebLinkAboutPEC110054 Ski Storage 101811 Town CouncilTo: Vail Town Council From: Community Development Department Date: October 18, 2011 Subject: Work session on 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 conditional use and clarify existing ski storage regulations. 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 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 rolling 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, Staff cannot make a determination on how to address this use. Without clear policy direction, interpretations by Staff results in arbitrary rulings, inequities, unfairness or inconsistencies. Goal 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. 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 amend the Zoning Regulations with the ultimate 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, SBR and SBR-2 Establish sign regulations for outdoor ski staging signs Clarify basket storage is considered accessory to ski rental businesses Clarify additional regulations for outdoor display of goods The following are the proposed prescribed regulations amendments to the Zoning Regulations: TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE: Section 11-2-1, Definitions Enumerated: Outdoor Ski Staging: A temporary 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. Section 11-7-17: Outdoor Ski Storage Signs: A. Description: Outdoor ski storage signs shall be described as any signage associated with or identifying outdoor ski storage activity. B. Applicability: Outdoor ski storage signs shall only be permitted in conjunction with outdoor ski storage conditional use permit. C. Number, Location and Design: Subject to design review. D. Area: No more than six (6) square feet of outdoor ski storage signs shall be permitted. E. Lighting: No lighting shall be permitted in association with outdoor ski storage 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, which as an individual land use may be open to the public, or as an accessory use to a skier services or retail business that conducts rental activity 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. 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: A temporary 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. 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, as further regulated by Section 12-16-7A-17. 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: Outdoor ski staging, as further regulated by Section 12-16-7A-17. 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. 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 exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. 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, as further regulated by Section 12-16-7A-17 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, as further regulated by Section 12-16-7A-17 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. ARTICLE 12-7I.  LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 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. ARTICLE 12-8D.  SKI BASE/RECREATION (SBR) DISTRICT 12-8D-3: CONDITIONAL USES: Outdoor ski staging, as further regulated by Section 12-16-7A-17. 12-8D-5: LOCATION OF BUSINESS ACTIVITY: 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 E.  SKI BASE/RECREATION 2 (SBR2) DISTRICT 12-8E-3: CONDITIONAL USES: Outdoor ski staging, as further regulated by Section 12-16-7A-17 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. 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: The area used for outdoor ski staging should be located directly in front of or adjacent to the retail or skier services establishment, or on or adjacent to a ski yard. Outdoor ski storage shall be entirely upon the establishment's own property unless the Vail Town Council permits use of the right-of-way. Outdoor ski staging shall not negatively impact established view corridors or acknowledged "postcard" images and shall not visually detract from or block storefront or shop windows. Outdoor ski staging shall not impede circulation and shall not pose any risk to public safety, and thus, shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, parking or loading/delivery spaces and fire lanes, or access to trash receptacles, dumpsters, mailboxes, manholes, water valves, flowerbeds or other landscape areas. Circulation for people accessing their ski equipment shall be provided on private property. A buffer may be required between outdoor ski storage and public right-of-way to provide room for circulation. A minimum street width of twenty two feet (22') and a sidewalk width of six feet (6’) shall be maintained in order to allow for emergency vehicle access and pedestrian circulation, unless otherwise permitted by the Administrator. Outdoor ski storage shall maintain a minimum distance to fire hydrants of seven feet (7') to side or rear, and fourteen feet (14') to the front. Outdoor ski storage racks and associated structures shall be compatible with the aesthetics of the adjacent structures and surrounding neighborhood. Outdoor ski storage fixtures shall be freestanding, temporary in nature, and shall be removed from the exterior location when the business is closed. Ski equipment shall be stored overnight in an approved commercial ski storage or similarly approved location. Signage shall comply with Section 11-7-17, Outdoor ski storage signs, Vail Town Code. An employee must be present at all times to assist customers in accessing ski equipment. 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. However, the difference between ski storage and real estate offices is that ski storage provides an amenity to guests that real estate offices do not provide. Ski storage is an essential service in a ski town and thus promotes the guest experience. While limiting them to lower levels had positive intent to meet desired outcomes, the lack of lower level spaces available for use makes ski storage facilities sparse. The lack of storage facilities then drives up the price of this use. Instead of paying a limited amount for a small area to store skis, visitors may spend a large amount of money on storage that they could potentially spend in a retail establishment or restaurant. The lack of ski storage facilities also causes some people to immediately leave the commercial cores because they have to carry their skis and boots or risk theft by leaving them outside. When people leave the commercial cores after skiing, they no longer add to the vibrancy of the area and do not contribute to sales tax collection. 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 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 off-site accessory use to a lodge. All guest-owned 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 rack and employee are also stationed at the edge of snow to retrieve guest skis at the end of the day. 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: 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 is 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 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. See discussion item #3 for further discussion of indoor vs. outdoor activity. 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 ARTICLE 12-7B:  COMMERCIAL CORE 1 (CC1) DISTRICT 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 1. Retail shops and establishments, including the following: Sporting goods stores. 2. Personal services and repair shops, including the following: Commercial ski storage. 6. Additional uses determined to be similar to permitted uses described in subsections A1 through A5 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 7. Lodges. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: Sporting goods stores. 3. Lodges. 5. Additional uses determined to be similar to permitted uses described in subsections A1 and A2 of this section in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 12-7B-9: ACCESSORY USES: The following accessory uses shall be permitted in the CC1 district: Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 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 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. ARTICLE 12-7H.  LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Commercial ski storage. Eating and drinking establishments. Public or private lockers and storage. Retail establishments. Skier ticketing, ski school and skier services. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Retail stores and establishments. Skier ticketing, ski school and skier services. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 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: Lodges. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 1 district: Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 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, 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. ARTICLE I.  LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 12-7I-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Commercial ski storage. Public or private lockers and storage. Retail establishments. Skier ticketing, ski school and skier services. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 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: Lodges and accommodation units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Retail stores and establishments. Skier ticketing, ski school and skier services. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 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: Lodges and accommodation units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title 12-7I-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 2 district: Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7I-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, 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. ARTICLE 12-8D.  SKI BASE/RECREATION (SBR) DISTRICT 12-8D-2: PERMITTED USES: A. Within Main Lodge: The following uses shall be permitted within the main base lodge building in the ski base/recreation district: Basket rental. Ski lockers/employee locker rooms. Ski repair, rental, sales and accessories. E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned ski base/recreation district: Indoor and outdoor ski storage. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Public, private or quasi-public clubs. 12-8D-4: ACCESSORY USES: The following accessory uses shall be permitted in the ski base/recreation district: Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. 12-8D-5: LOCATION OF BUSINESS ACTIVITY: 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 and food and beverage vending. ARTICLE E.  SKI BASE/RECREATION 2 (SBR2) DISTRICT 12-8E-2: PERMITTED USES: Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Private and public clubs. 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the ski base/recreation 2 district: Accessory uses customarily incidental to permitted and conditional uses and necessary for the operation thereof. Skier and guest service employee offices, locker rooms, and meeting rooms. 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 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. 12-14-21: OUTDOOR DISPLAY OF GOODS: Purpose: The purpose of this section is to establish regulations for the outdoor display of goods by retail establishments. Applicability: Outdoor display of goods shall be permitted by retail establishments in the following zone districts and shall be prohibited in all zone districts not listed: Housing (H) district; Commercial core 1 (CC1) district; Commercial core 2 (CC2) district; Commercial core 3 (CC3) district; Commercial service center (CSC) district; Lionshead mixed use 1 (LMU-1) district; Lionshead mixed use 2 (LMU-2) district; Ski base/recreation 2 (SBR2) district. Permit Not Required: Outdoor display on private property, where permitted by the provisions of this title, are not subject to design review. A permit is required to obtain a license to utilize town owned property for outdoor display of goods by retail establishments, per title 8, chapter 7 of this code. Requirements For Outdoor Display: Where permitted, outdoor display shall be subject to the following limitations: Location: The area used for an outdoor display shall be located directly in front of the retail establishment displaying the goods. Outdoor display shall be entirely upon the establishment's own property unless the retail establishment is permitted to utilize town owned property, per the requirements in title 8, chapter 7 of this code. Circulation: Outdoor display shall not impede circulation and thus, shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, and parking or loading/delivery spaces. Street And Sidewalk Width: A minimum street width of twenty two feet (22') shall be maintained in order to allow for emergency vehicle access. Sidewalks shall remain a minimum width of six feet (6'). Connection of exit discharge to the public way, as required by the adopted building code, shall not be blocked. Public Safety: Outdoor display shall not pose any risks to public safety, shall not block or encroach upon any fire lane, and shall maintain a minimum distance to fire hydrants of seven feet (7') to side or rear, and fourteen feet (14') to the front. Aesthetics: Outdoor display shall not negatively impact established view corridors or acknowledged "postcard" images and shall not visually detract from or block storefront or shop window. Outdoor Display Fixtures: Outdoor display fixtures shall be freestanding, temporary in nature, and shall be removed from the exterior location when the business is closed. Height: No part of any outdoor display shall extend more than six feet (6') above existing grade. Signage: Sale signs may be permitted on outdoor displays, as regulated by subsection 11-6-3F of this code. No other signage is permitted on or adjacent to outdoor displays that is not otherwise approved by the administrator, subject to the regulations of title 11 of this code. Cardboard Boxes Prohibited: Outdoor display of goods shall not include any cardboard boxes, unless part of individual packaging of goods. Code Compliance: All aspects of the outdoor display shall remain in compliance with this code and the Vail comprehensive plan. V. REVIEW CRITERIA The following are review criteria for prescribed regulations amendments, with Staff response below: 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, the proposed text amendments will 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 the this use will further the purpose of conserving and maintaining “established community qualities and economic values.” 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 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. 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. 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. 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 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 for this request, the Community Development Department 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: 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 The amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 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.”