HomeMy WebLinkAboutOrdinance No. 22, Series of 2011 ski staging 120611TO: Vail Town Council
FROM: Community Development Department
DATE: December 6, 2011
SUBJECT: Work session on 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 work session to discuss 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 building.
The purpose of this ordinance is to establish regulations that would allow for the outdoor staging of skis. Staff has outlined three options for discussion,
including the Planning and Environmental Commission (PEC) recommended regulations, the Town Council recommended regulations and a third option to allow outdoor staging of skis as part
of the already regulated “outdoor display of goods.”
Option #1 includes regulations that were recommended by the Planning and Environmental Commission, 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.
Restrictions
on location, including no blocking of egress, sidewalks, etc.
Amend regulations for location of business activity to allow outdoor ski staging on the exterior of a building.
Permitted
in right-of-way with license agreement.
Prohibited from blocking storefront windows.
Design review required on annual basis.
Design review not required for first 30 days of approved
regulations.
Permitted daily from 6:00am until close of business.
Employee must be present at all times.
Tents, barricades and similar features may be permitted.
Up to six (6) square
feet of signage.
Option #2 is the PEC version of the regulations with Town Council recommended changes, 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 (same as Option #1).
Restrictions on location, including no blocking
of egress, sidewalks, etc., but permitted to block manhole covers and landscaping (more flexible than Option #1).
Amend regulations for location of business activity to allow outdoor
ski staging on the exterior of a building (same as Option #1).
Permitted in right-of-way with license agreement (same as Option #1).
Permitted to block storefront windows (prohibited
in Option #1).
Design review required every two years (instead of one year in Option #1).
Design review required after February 15, 2012 (instead of 30 days after enactment in Option
#1).
Permitted daily from 7:00am until close of business (instead of 6:00am in Option #1).
Employee does not have to be present (required in Option #1).
Tents, barricades and similar
features may be permitted (same as Option #1).
Up to six (6) square feet of signage (same as Option #1).
Option #3 was drafted after the Town Council suggested the proposed regulations
were creating too much new regulation. Since the uses are similar, Option #3 adds outdoor staging of skis to the outdoor display of goods regulations. These regulations may need to
be addressed in order to accomplish the policy direction of the Town Council. The outdoor display of goods regulations are summarized as follows:
Permitted in CC1, CC2, CC3, LMU-1,
LMU-2, CSC, H & SBR-2 Districts.
Restrictions on location, including no blocking of egress, sidewalks, etc.
Location of business activity regulations allow outdoor display of goods on the exterior of a structure.
Permitted in right-of-way if there is not 20 square feet of exterior private
property
Prohibited from blocking storefront windows.
No design review required.
Permitted daily when the business is open.
Employee does not have to be present.
Tents, barricades and
similar features are not permitted, only racks to hold goods.
Up to three (3) square feet of signage.
II. DISCUSSION ITEMS
The discussion items include two categories of questions
and answers: Background information and policy direction.
Background information:
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. Further, this activity
can create a cluttered look, cause congestion and reduces enforceability of ski storage regulations.
What are the goals of the proposed amendments?
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.
Allow more
efficient pick-up and drop-off of ski equipment.
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.
Ensure new outdoor activity does not negatively impact the public right-of-way.
Maintain the world class mountain resort community appearance of Vail.
What are the
applicable adopted Town policies?
The Town has three policies that are relevant to this discussion:
Commercial ski storage is not permitted on the first floor so as not to displace
sales tax generating retail and restaurants uses that provide vitality in the commercial cores. Although not sales tax generating, ski rental has been
interpreted as retail activity and is 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
wanting 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. Complaints were received by businesses and homeowners during the 2010/2011 ski seasons
regarding clutter spilling onto neighboring buildings.
Why should outdoor ski staging be regulated?
If allowed, outdoor ski staging is not permitted under the current regulations.
In order to allow this use to occur, the regulations need to be amended. Should the Town Council wish to prohibit this use, the regulations may need to be clarified.
What are the
pros and cons of allowing outdoor ski staging?
Pros:
Provides enhanced service to guests by ensuring skis are ready for pickup and drop off outside.
Convenient and efficient for guests.
Cons:
Congest
s pedestrian and ski yard areas.
Can contribute to visual clutter and negatively affect the aesthetic qualities of village cores.
Reduces ability to enforce ski storage regulations on
the first floor, as ski storage would be permitted outside the structure on street level but in some cases, not on the street level on the interior of the structure.
Erodes horizontal
zoning regulations prohibiting ski storage on the first floor or street level, as the exterior of the structure is still first floor or street level.
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.
Hours of operation.
Review process.
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.
Staffing
Rack design.
Policy
direction:
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?
After considering the three options presented in this memorandum, Staff believes
Option #3 to amend outdoor display of goods to include outdoor staging of skis may be the best way to uniformly treat outdoor activity.
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?
The current regulations do not allow commercial ski storage on the first floor or street level. Allowing the staging of skis on the first floor or street level, whether indoors
or outdoors, will change the horizontal zoning regulations and underlying policy.
Why does this use need to occur on the exterior of a structure? Should it occur indoors only?
Business
owners have pushed this use to the exterior of the structure for varying reasons, including ease of distribution and collection for both businesses and guests, lack of interior space
and subsequent expansion of space for business activity.
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?
Commercial ski storage is not permitted on the first floor or street level. However, rental skis and skis
being tuned are permitted to be stored on the first floor or street level. This makes it difficult to enforce commercial ski storage requirements, as it is difficult to differentiate
the type of ski being stored. Allowing skis to be temporarily stored on the exterior of the building, regardless of type of ski, will further increase difficulty in enforcement.
Should location of business activity regulations be amended to allow outdoor staging of skis?
In order to allow outdoor staging of skis on the exterior of a structure, the location
of business activity regulations will need to be amended. If Option #3 is selected,
amendments to these regulations will not be necessary as outdoor display of goods is already permitted on the exterior of a business.
If permitted outside, should outdoor staging of
skis be permitted on private property and/or public property?
Use of exterior private property for business activity The Town’s policy for use of the right-of-way is that it 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. Staff does not believe outdoor staging of skis should be permitted in
the right-of-way, as it does not best serve the public interest and can result in negative impacts such as congestion, blocking of other businesses and excess clutter in the streets.
If permitted on public property, should leasing of the right-of-way be free or require a payment to the Town?
Should the Town Council wish to allow outdoor staging of skis in the
right-of-way, a fee will help offset the costs of implementing the leasing program.
Should a permit be required for outdoor staging of skis?
Requiring a permit would allow Staff to
review the proposed outdoor staging of skis for compliance with regulations. However, requiring a permit would also increase Staff resources and red tape for business owners.
Should
storefront windows be permitted to be blocked by ski racks and associated equipment?
Storefront windows provide vitality to the commercial cores, displaying retail goods in a lively
manner. Outdoor display of goods are not permitted to block storefront windows, but in reality, many displays block windows. There are four options for storefront windows:
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 the last option, as it is the only option that will be equitable, fair and enforceable. However, blocking of storefront windows is a change in policy,
as the only other outdoor use permitted temporarily outside a structure, outdoor display of goods, is not permitted to block storefronts. However, allowing this use outside has resulted
in the blocking of storefronts. The requirement that outdoor display of goods not block storefronts is not enforceable, as most stores do not have room on their exterior for clothing
racks without blocking storefronts.
Should pop-up tents be permitted?
Some of the businesses engaging in outdoor ski staging are utilizing pop-up tents to provide shelter for employees and equipment and to provide a strong visual cue to help guests find
these locations. Outdoor display of goods are not allowed to utilize tents. Temporary structures are a conditional use in the LMU-1 and SBR Districts, but this typically has meant
wedding tents, not small tents for display. Pop-up tents may further the cluttered look of outdoor ski staging and the commercial cores in general. Most locations that currently utilize
tents could install permanent awnings that would be integrated into the existing architecture while achieving the goals previously mentioned.
Should additional signage be permitted?
If so, how much is necessary to convey the message to guests?
Options #1 and #2 call for up to six square feet of signage, the same amount permitted for each business entrance. Option
#3 would allow only three square feet of signage, as is permitted for outdoor display of goods. Thus far, no business has expressed concern that three square feet is not enough for
outdoor display of goods. The key is to allow the minimum amount of signage necessary to direct guests while reducing sign clutter.
Should an employee be present to facilitate distribution
and collection of skis?
Staff believes that requiring an employee to be present would enhance the guest experience. However, this requirement would be difficult to enforce and could
place unnecessary burden on businesses.
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 to create a lively commercial core with a vibrant retail environment that promotes collection
of sales tax. Specifically, first floor spaces were reserved for retail and restaurants, among other uses. 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 it does not provide a major sales tax flow, and because, as a profitable land use, could
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.
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.
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.
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 D, as it is the only option that will be equitable,
fair and enforceable. However, blocking of storefront windows is a change in policy, as the only other outdoor use permitted temporarily outside a structure, outdoor display of goods,
is not permitted to block storefronts. However, allowing this use outside has resulted in the blocking of storefronts. The requirement that outdoor display of goods not block storefronts
is not enforceable, as most stores do not have room on their exterior for clothing racks without blocking storefronts.
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.
IV. ACTION REQUESTED OF THE COUNCIL
Staff requests the Vail Town Council
answer the following questions:
1. Which option does achieves the Town Council’s policy direction?
2. Does the Town Council have any changes to the preferred option?
IV. ATTACHMENTS
A. PEC memorandum dated October 24, 2011
B. Photos of outdoor ski staging