Loading...
HomeMy WebLinkAboutOrdinance No. 22, Series of 2011_Outdoor Ski Storage_111511ORDINANCE 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.  WHEREAS, hotels have introduced ski concierge services in close proximity to ski lifts to improve customer service, and include the temporary outdoor storage of skis and snowboards on portable racks to facilitate distribution of equipment to guests.  WHEREAS, 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 and as a result, the Town has no underlying policy direction on this subject, and thus, interpretations by Staff may result in arbitrary rulings, inequities, unfairness or inconsistencies; WHEREAS, regulations establishing outdoor ski staging as an accessory use will allow ski concierge services to provide for the distribution and collection of ski equipment on the exterior of the building; and WHEREAS, outdoor ski staging will improve the guest experience and enhance customer service by reducing the amount of time guests are carrying their ski equipment, and thus, will allow guests to frequent retail and eating and drinking establishments without the burden of skis, thus increasing the livelihood and activity in the commercial cores. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its October 24, 2011 meeting, and has submitted its recommendation to the Vail Town Council; WHEREAS, the Planning and Environmental Commission of the Town of Vail recommends that the Vail Town Council re-evaluates this ordinance by May 1, 2014 to determine whether amendments should be explored as a result of the outcomes of the program; WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose The purpose of this ordinance is to establish outdoor ski staging as an accessory use, which will facilitate the collection and distribution of ski equipment on the exterior of commercial ski storage, lodging, skier services and retail establishments that conduct rental activity and/or commercial ski storage, thus enhancing customer service and improving the guest experience. Section 2. Section 11-2-1, Definitions Enumerated, Vail Town Code is hereby amended as follows: SECTION 11-2-1: DEFINITIONS ENUMERATED: Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and other similar equipment to facilitate distribution and collection to owners and renters of equipment, located outside of a business that rents and/or stores ski equipment, where skis, snowboards, poles and other similar equipment are stored overnight in an approved commercial ski storage location. Section 3. Section 11-7-18, Outdoor Ski Staging Signs, Vail Town Code, is hereby established as follows: SECTION 11-7-18: OUTDOOR SKI STAGING SIGNS: Description: A sign associated with or identifying outdoor ski staging activity. Applicability: Outdoor ski staging signs shall only be permitted in conjunction with approved outdoor ski staging. Number: Subject to design review. Location: Outdoor ski staging signs shall be located within approved outdoor ski staging areas, including on racks and associated elements. Type: Outdoor ski staging signs may be freestanding, wall, and awning signs. Area: The combined area of all permitted outdoor ski staging signs shall not exceed six (6) square feet. Lighting: Not permitted. Section 4. Section 12-2-2, Definitions, Enumerated, Vail Town Code, is hereby amended as follows: SECTION 12-2-2: DEFINITIONS, ENUMERATED: Basket Storage: Storage for clothing, boots, shoes and other accessory skiing items, not including skis, snowboards and poles, in a basket or locker, whether for a fee or for free, and either as an individual land use or as an accessory use to a skier services or retail establishment 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. Frontage, Business: The horizontal, linear dimension of any side of an above grade level that fronts a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. Outdoor Display: A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment, and further regulated by section 12-14-21 of this title. Outdoor display does not include outdoor ski staging. Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and other similar equipment, not including boots and clothing, to facilitate distribution and collection to owners and renters of equipment, located outside of a business that rents and/or stores ski equipment, where skis, snowboards, poles and other similar equipment are stored overnight in an approved commercial ski storage location. Section 5. Article 12-6I, Housing District, Vail Town Code, is hereby amended as follows: ARTICLE 12-6I: HOUSING (H) DISTRICT: 12-6I-9: LOCATION OF BUSINESS ACTIVITY: 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 title. Section 6. Article 12-7B, Commercial Core 1 District, Vail Town Code, is hereby amended as follows: ARTICLE 12-7B, COMMERCIAL CORE 1 DISTRICT: 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 ski rental activity. Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22 of this title. 12-7B-18: LOCATION OF BUSINESS ACTIVITY: 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. 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 title. Outdoor ski staging: Outdoor ski staging shall comply with Section 12-14-22 of this title. Section 7. Article 12-7C, Commercial Core 2 District, Vail Town Code, is hereby amended as follows: 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 ski rental activity. 12-7C-14: LOCATION OF BUSINESS ACTIVITY: 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 title. Section 8. Article 12-7D, Commercial Core 3 District, Vail Town Code, is hereby amended as follows: 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 ski rental activity. 12-7D-11: LOCATION OF BUSINESS ACTIVITY: 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 title. Section 9. Article 12-7E, Commercial Service Center District, Vail Town Code, is hereby amended as follows: ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT: 12-7E-13: LOCATION OF BUSINESS ACTIVITY: 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 title. Section 10. Article 12-7H, Lionshead Mixed Use 1 District, Vail Town Code, is hereby amended as follows: ARTICLE 12-7H, LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT: 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 ski rental activity. Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22 of this title. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: 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. 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 title. C. Outdoor ski staging: Outdoor ski staging shall comply with Section 12-14-22 of this title. Section 11. Article 12-7I, Lionshead Mixed Use 2 District, Vail Town Code, is hereby amended as follows: 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 ski rental activity. Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22 of this title. 12-7I-17: LOCATION OF BUSINESS ACTIVITY: Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Outdoor displays shall comply with Section 12-14-21 of this Code. C. Outdoor ski staging shall comply with Section 12-14-22 of this title. Section 12. Article 12-8D, Ski Base/Recreation District, Vail Town Code, is hereby amended as follows: ARTICLE 12-8D: SKI BASE/RECREATION (SBR) DISTRICT: 12-8D-4: ACCESSORY USES: The following accessory uses shall be permitted in the ski base/recreation district: Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22 of this title. 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. Section 13. Article 12-8E, Ski Base/Recreation 2 District, Vail Town Code, is hereby amended as follows: ARTICLE 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT: 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 ski rental activity. Outdoor ski staging operated in conjunction with permitted retail establishments, skier services, commercial ski storage and lodges, as further regulated by Section 12-14-22 of this title. 12-8E-5: LOCATION OF BUSINESS ACTIVITY: 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. 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 title. C. Outdoor ski staging shall comply with Section 12-14-22 of this title. Section 14. Section 12-14-22, Outdoor Ski Staging, Vail Town Code, is hereby established as follows: 12-14-22: OUTDOOR SKI STAGING: Purpose: The purpose of this section is to establish regulations for the outdoor staging, distribution and collection of ski equipment for the purpose of providing improved customer service and enhanced guest experience while maintaining aesthetic harmony with the mountain setting and the alpine village atmosphere of the Town. Applicability: Outdoor ski staging may be permitted as an accessory use to retail establishments, skier services, commercial ski storage and lodges that conduct ski equipment rental and/or commercial ski storage activity in the following zone districts, and shall be prohibited in all zone districts not listed: Commercial core 1 (CC1) district Lionshead mixed use 1 (LMU-1) district Lionshead mixed use 2 (LMU-2) district Ski base/recreation (SBR) district Ski base/recreation 2 (SBR2) district Review Required: Outdoor ski staging, where permitted by the provisions of this title, is subject to design review pursuant to Chapter 12-11, Design Review, Vail Town Code. Design review approval of outdoor ski staging shall lapse and become void two (2) years following the date of approval. Requirements: Where permitted, outdoor ski staging shall be subject to the following limitations: Location: Outdoor ski staging may be located along a business frontage. Outdoor ski staging and associated areas for circulation should be entirely within the property boundaries of the establishment unless permitted to utilize public property under an approved license agreement. Outdoor ski staging racks and associated elements shall not be located in front of windows that display for-sale retail goods, but may be located in front of solid facades or windows for rental equipment or skier services areas. Outdoor ski staging may also be located off-site when on or directly adjacent to the ski yard with written approval of the property owner. Outdoor ski staging shall not impede circulation and shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, connection of exit discharge to the public way, fire lanes parking or loading/delivery spaces or access to trash receptacles, dumpsters or mailboxes. Outdoor ski staging shall maintain a minimum distance to fire hydrants of seven feet (7’) to side or rear, and fourteen feet (14’) to the front. Street and Sidewalk Width: Streets shall maintain a minimum width of twenty-two feet (22’) to provide access for emergency vehicles and secondary pedestrian streets and paths that do not require emergency vehicle access shall maintain a minimum width of six feet (6’), or the minimum width necessary to provide access for emergency vehicles and circulation for the public, as determined by the Administrator. Aesthetics: Outdoor ski staging racks and associated elements shall be compatible with existing structures, their surrounding and with Vail’s environment. Compatibility can be achieved through the proper consideration of scale, proportions, materials and colors. The design of outdoor ski staging racks and associated elements shall promote the openness, attractiveness and established character of the resort community. Racks and associated equipment shall be limited to the minimal number necessary to operate the business. Duration of Use: Outdoor ski staging racks shall be freestanding, temporary in nature, and shall only be permitted in the approved exterior location daily from seven o’clock (7:00) A.M. until the associated business is closed. Outdoor ski staging is only permitted when Vail Mountain is open for the public ski season. Overnight storage: Ski equipment shall be stored overnight in an approved location for commercial ski storage or similar use. Racks and associated elements shall not be stored in the aisles of retail areas, but may be stored in ski rental areas with no retail component. Associated elements: Tents or similar coverings, tables, chairs, podiums and barricades of a temporary nature may be permitted should they meet the other requirements of this section. Height: No part of any outdoor ski staging rack or associated elements, except ski equipment, awnings and tents, shall extend more than six feet (6') above existing grade. Maintenance: All approved racks, signage, tents and fences, including their support structures and related racks, shall be kept in good repair; this includes replacement and repainting when appropriate, and other actions that contribute to attractive outdoor ski staging. All hardware shall be properly painted and finished, as approved. Signage: Signage is subject to the regulations of Section 11-7-18 of this code. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the applicable design review entity that the proposed exterior alteration or new development is in compliance with the purposes of the Zoning Regulations, all applicable regulations adopted by the Town of Vail, that the proposal is consistent with the applicable elements of the Vail Comprehensive Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood. Section 15. This ordinance shall become effective on February 15, 2012. Section 16. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 17. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 18. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2011 and a public hearing for second reading of this Ordinance set for the 20th day of December, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ________________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk