HomeMy WebLinkAboutOrdinance No. 22, Series of 2011 ski staging 111511TO: Vail Town Council
FROM: Community Development Department
DATE: December 6, 2011
SUBJECT: First reading of Ordinance No. 22, Series of 2011, an ordinance amending Title 11,
Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning Regulations,
Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the Commercial Core 1, Lionshead Mixed Use 1, Lionshead
Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to establish basket storage as an accessory use in the Commercial Core 1, Commercial Core 2, Commercial Core
3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and setting forth details in regard thereto. (PEC110054)
Applicant: Town of
Vail
Planner: Rachel Dimond
SUMMARY
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 22, Series of 2011.
During the 2010/2011 ski season, some
businesses that rented and/or stored skis, such as hotel ski concierge services and rental shops, put racks on the exterior of their business to distribute and collect ski equipment
from guests. The Vail Town Code prohibits commercial ski storage on the first floor or street level, and location of business activity regulations do not allow this type of activity
on the exterior of a structure.
The purpose of this ordinance is to establish regulations that would allow for the outdoor staging of skis.
The proposed amendments in this ordinance
are summarized as follows:
Establish “outdoor ski staging” as an accessory use to permitted retail, skier services, commercial ski storage and lodges in the CC1, LMU-1, LMU-2, SBR and SBR-2 Districts, with use
specific criteria governing this new activity.
Establish regulations for outdoor ski staging signs that allows six (6) square feet of signage.
Create a definition for basket storage
and add basket storage as an accessory use to businesses that conduct ski rental activity in the CC1, CC2, CC3, LMU-1, LMU-2, SBR and SBR-2 Districts.
Add a reference to 12-14-21, Outdoor
Display of Goods, Vail Town Code, to location of business activity regulations that allow outdoor display of goods.
Amend regulations for location of business activity to allow outdoor
ski staging.
II. BACKGROUND
Since March 2011, Staff has worked with the business community to establish regulations to allow for outdoor staging of skis to occur on the exterior of
the business.
The businesses represented in the community participation include Specialty Sports Ventures, Ski Haus, Ski Valet, The Sebastian, Four Seasons Vail, Sonnenalp of Vail,
Vail Resorts and Double Diamond Ski Shop.
The general background, problem statement, goals and council direction are outlined in the Staff memorandum to the Planning and Environmental
Commission dated October 24, 2011.
At their October 24, 2011 hearing, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail
Town Council of the proposed amendments. The recommended modifications are as follows:
The proposed regulations shall be amended to establish outdoor ski staging as an accessory use
only, not a conditional use.
Design review approval of outdoor ski staging shall be valid for no more than one year.
An additional provision in the supplemental regulations shall
be added to only allow the amount of outdoor ski staging necessary to operate the business.
The duration of use section shall be amended to allow outdoor ski staging from 6:00am until
the close of the associated business.
Outdoor ski staging shall be permitted without any design review approval until December 18, 2011 in order to allow this use to occur at the start
of the ski season and provide time for business owners to submit applications, after which design review shall be required.
By May 1, 2014, the PEC and Town Council shall review the outdoor ski staging regulations to evaluate the use and regulations and determine if amendments should be explored.
On November
1, 2011, the Vail Town Council tabled this item and requested the following changes be made:
Amend Section 12-14-22C to require design review approval by February 15, 2012 and allow
design review approval to be valid for two years instead of one year.
Amend Section 12-14-22D-1, Location, to delete “manholes, water valves, flowerbeds or other landscape areas”
from the list of elements not to be blocked from the second paragraph.
Amend Section 12-14-22D-4, Duration of Use, to allow outdoor ski staging daily from 7:00am (instead of 6:00am)
until the business is closed.
Eliminate Section 12-14-22D-8, Staffing that requires an employee be present.
Amend Section 12-14-22D-3, Aesthetics to allow for racks to be located
in front of windows. The previously proposed regulations stated “Outdoor ski staging racks and associated elements shall not visually detract from or block storefronts or windows as
viewed from the public right-of-way and shall not create a cluttered look.” The following are options for amending the proposed Aesthetics regulations:
Do not block storefront windows
as recommended by the PEC.
Allow the racks and associated elements to only block windows that do not have for-sale retail goods on display (i.e. rental or tuning areas).
Allow racks
and associated elements to block up to a specific percentage of each business frontage.
Allow racks and associated elements in front of businesses with no limitation on blocking storefronts.
Staff
recommends Option B, which would allow racks and associated elements to only block windows that do not display for-sale retail goods. This option will continue to protect retail storefront
windows, while blocking windows that do not contribute to window shopping related vibrancy. Option B is reflected in the attached ordinance in the amendments to 12-14-22D-1, Location
and 12-14-22D-3, Aesthetics, Vail Town Code.
Additionally, the Vail Town Council commented that the review process appears to be onerous, as Staff suggested that all review would
be done by the Design Review Board for the first year. The Town Council suggested Staff administratively approve applications that clearly meet the requirements. Staff finds that administrative
approval
is permitted in accordance with Chapter 12-11, Design Review, Vail Town Code, and no changes to the proposed language are necessary.
III. DISCUSSION ITEMS
What is the problem?
During
the 2010/2011 ski season, some businesses that rented and/or stored skis put racks on the exterior of their business to distribute and collect ski equipment from guests. However, there
are no regulations allowing this type of activity.
What is the town’s current policy?
The Town has three policies that are relevant to this discussion.
Commercial ski storage is
not allowed on the first floor so as not to displace retail and restaurants uses that provide vitality in the commercial cores. However, ski rental and sales are considered retail activity,
not commercial ski storage, and are permitted on the first floor of the commercial cores.
All business activity must occur indoors with the exception of outdoor display of goods, outdoor
dining areas and parking areas.
Use of the right-of-way shall be limited to uses that serve the public interest, such as roads, utilities, sidewalks, and other similar public access.
In certain locations, the Town Council has granted permission to use the right-of-way for private improvements such as outdoor dining areas, sidewalks, signs and private access.
Who is concerned about outdoor ski staging?
The proposed regulations will affect business owners, adjacent property owners, Vail residents and guests. While business operators that
would like to stage skis outside of their business are interested in allowing this use to expand their business operations, adjacent business owners and residential homeowners are also
concerned, for example, about how this use will affect the aesthetics of the commercial cores.
Why should outdoor ski staging be regulated?
Outdoor ski staging is not permitted under
the current regulations. In order to allow this use to occur, the regulations need to be amended.
What are the pros and cons of allowing outdoor ski staging?
Pros:
Provide enhanced
service to guests by ensuring skis are ready for pickup and drop off outside
Improves the guest experience by limiting guests having to go up and down stairs carrying skis
Cons:
Congests
pedestrian and ski yard areas
Can contribute to visual clutter and degradation of the controlled aesthetic qualities of village cores
What aspects of outdoor ski staging should be regulated?
Staff believes the following factors should be considered when contemplating outdoor staging 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
Should the requirements for outdoor staging of skis differ from outdoor display of goods? If not, should outdoor staging of skis be added to outdoor display of goods
regulations?
If yes, should the outdoor display of goods regulations be amended to accommodate outdoor staging of skis?
Should the horizontal zoning regulations be amended to allow
commercial ski storage on the first floor or street level?
If yes, should horizontal zoning be amended to allow commercial ski storage inside or outside a structure or both?
Why does
this use need to occur on the exterior of a structure? Should it occur indoors only?
Should skis be able to be stored overnight on the first floor or street level? Should there be
a differentiation between skis that are rented, owned by a hotel guest or owned by a non-hotel guest?
Should location of business activity regulations be amended to allow outdoor staging
of skis?
If permitted outside, should outdoor staging of skis be permitted on private property and/or public property?
If permitted on public property, should leasing of the right-of-way
be free or require a payment to the Town?
Should a permit be required for outdoor staging of skis?
Should storefront windows be permitted to be blocked by ski racks and associated equipment?
Should
pop-up tents be permitted?
Should additional signage be permitted? If so, how much is necessary to convey the message to guests?
Should an employee be present to facilitate distribution
and collection of skis?
IV. ACTION REQUESTED OF THE COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 22, Series of 2011, upon first reading.
Should the Vail Town Council choose to
approve Ordinance No. 22, Series of 2011, the Community Development Department recommends the Council passes the following motion:
“The Vail Town Council approves Ordinance No. 22,
Series of 2011, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski
staging signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the
Commercial Core 1, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to establish basket storage as an accessory use in the Commercial
Core 1, Commercial Core 2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and setting forth details in regard
thereto.”
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2011, the Community Development Department recommends the Council makes the following findings:
“Based
upon the review of the criteria outlined in the October 24, 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council
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.”
IV. ATTACHMENTS
A. Ordinance No. 22, Series 2011
B. PEC memorandum dated October
24, 2011
C. PowerPoint presentation dated December 6, 2011