HomeMy WebLinkAboutPEC110056 PEC Memorandum 021312 TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13 , 201 2 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corr idors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for amendments to Chapter 12 -22, View Corridors, and Section 14 -10 -3C, Site Planning, Vail Town Code to allow f or the maintenance of adopted view corridors impacted by vegetation. Staff initiated this application at the direction of the Vail Town Council as a result of an identified need to address the impacts of maturing landscaping upon designated view corridors . As a result, Staff is proposing amendments to the existing view corridor regulations that allow for design review of proposals to alter the vegetation impacting adopted view corridors. Based on the criteria and findings in Section V of this memorandu m, and the testimony presented at the public hearing, Staff recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for this application. II. DESCRIPTION OF THE REQUEST Currently within the To wn of Vail there are 10 adopted view corridors. These view corridors were established to protect, perpetuate, and preserve views from pedestrian public ways determined to be important to the aesthetic and economic
Town of Vail Page 2 vitality of the town. There is no view corridor with a view point origination located upon private property. Many of the adopted view corridors cross over private property and impact the development permitted upon those properties. Chapter 12 -22, View Corridors, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in strikethrough , text that is to be added is bold , and sections of text that are not amended have been omitted): 12 -22 -3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to en croach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12 -22 -6 of this chapter. 12 -22 -3: LANDSCAPING: T he alteration , removal, and replacement of landscaping may be necessary to maintain the original purposes of the preserved view s established in this Chapter. 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. A. Application Information For Encroachments: An application for an encro achment shall be filed with the department of community development on a form to be prescribed by the administrator. The application shall include the following information: 1. A summary or description of the proposed encroachment. 2. Names and addresses of property owners located within five hundred feet (500') of the proposed encroachment. 3. Photographs of the existing view corridor. The photographs shall be marked with tape to identify the existing view corridor boundaries, and shall show the proposed encroachment. The photographs shall be taken from the view point origination at the same height as identified in the legal descriptions in section 12 -22 -4 of this chapter. 4. The department of community development may require models, overlays, sketches or other submittal requirements to show how the proposed encroachment could impact the protected view corridor. 5. An application for an encroachment may require review by consultan ts other than town staff. Should a determination be made
Town of Vail Page 3 by the town staff that an outside consultant is needed to review an encroachment application, the department of community development shall obtain the approval of the town council for the hiring of s uch a consultant. Upon approval of the town council to hire an outside consultant, the department of community development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the app licant at the time the encroachment is submitted to the department of community development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been p aid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within thirty (30) days of notification by the town. B. Notice And Heari ng Procedure: Notice and hearing on an application for an encroachment into an existing view corridor shall be in accordance with subsection 12 -22 -5 B of this chapter. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapt er section 12 -22 -3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the deve lopment proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. In addition to the amendments detailed above, Staff recommends that Section 1 4 -10 -3C, Site Planning, Vail Town Code , be amended as follows in order to clarify the unique nature of designated view corridors wit h regard to vegetation . Section 14 -10 -3C, Site P l anning, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in strikethrough , text that is to be added is bold , and sections of text that are not amended have been omitted):
Town of Vail Page 4 C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased , or those essential for creating defensible space , and those detrimental to the original pur pose of the adopted view corridors identified in Chapter 12 -22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. III. BACKGROUND On August 3, 2011 the Design Review Board unanimously denied an application to remove existing trees along the north bank of Gore Creek west of the Covered Bridge. The se proposed landscaping changes were intended to clear the v iew of the Gorsuch clock tower from th e Vail Transportation Center stairs as established in view corridor 1. The minutes of the hearing are reflected as follows: “The Design Review Board (DRB) cited Chapter 12 -22, View Corridors, Vail Town Code which contained no provisions for the “maintenance” of view corridors with regard to vegetation. Furthermore, Section 14 -10 -3C, Site Planning, Vail Town Code, states the following: “C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal.” The DRB has consistently used this regulation to prevent the removal of vegetation for the sole purpose of obtaining a view to a landmark (commonly the Gore Range or the ski mountain). The DRB was concerned about allowing the Town to perform an action which is consistently denied for private property owners as this request occurs frequently. The DRB understood the concern of the encroachment of the vegetation on the view corridor and had several suggestions and concerns. There was a concern that the removal of the trees would expose a roof material and a building which might have a negative effect if it became completely exposed. The Board highlighted that the original design intent of Eldon Beck was to limit the view to short distances into the Village and create an element of surprise. It was stated that the trees frame the Covered Bridge and are solely a summer problem, and does this warrant removal. The DRB suggest ed that the Town Council direct staff to prepare amendments to Chapter 12 -22, View Corridors, Vail Town Code, to include provisions for “maintenance” of a view corridor with regard to vegetation which established a set of criteria by which an evaluation
Town of Vail Page 5 co uld be made. It was further suggested that Section 14 -10 -3C, Site Planning, Vail Town Code, would be improved with the addition of provisions and criteria for the evaluation of the removal of vegetation that may have been improperly cited during original installation and after a number of years has impacted important views. A requirement for replacement should accompany any provision allowing for this .” On September 6, 2011, the Vail Town Council unanimously upheld the call -up of the Design Review Boar d’s denial of the application for landscaping changes on the northwest side of the Covered Bridge. The Vail Town Council directed Staff to prepare amendments to the Chapter 12 -22, View Corridors, Vail Town Code, to allow for the removal of landscaping enc roaching into the adopted view corridors. IV. APPLICABLE DOCUMENTS Vail Town Code Chapter 12 -22 View Corridors (in part) 12 -22 -1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is d esirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage an d attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors.
Town of Vail Page 6 F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12 -22 -2: DEFINITIONS: For the purposes of this chapter, the following terms shall be defined as shown below: STRUCTURE: Anything permanently constructed or erected w ith a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, skylights or any similar object. VIEW POINT ORIGIN ATION: The survey pin, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. 12 -22 -3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12 -22 -6 of thi s chapter. 12 -22 -5: AMENDMENTS: An amendment of the regulations of this chapter, including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the town council o n its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Amendments: The town council shall only approve an amendment to this chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail land use plan, t own policies, and urban design guide plans and other adopted master plans, and meets all of the following criteria: 1. If the request is to add a new view corridor or to amend the boundary of an existing view corridor in such a way which expands an existi ng view corridor: a. That the proposed view corridor or the boundary amendment protects and perpetuates a view or views from public pedestrian areas, public
Town of Vail Page 7 ways, or public spaces within the town which foster civic pride and are in the public interest for the town. b. That the proposed view corridor or boundary amendment protects and enhances the town's attraction to residents, guests and property owners. c. That the proposed view corridor or boundary amendment protects a view which is commonly recognized a nd has inherent qualities which make it more valuable to the town than other more common views. 2. If the amendment is to amend the boundary of an existing view corridor in such a way which reduces the existing view corridor or is to repeal an existing vi ew corridor: a. That the boundary amendment or repeal will not reduce or eliminate any view or views from public pedestrian areas, public ways, or public spaces within the town which foster civic pride and are in the public interest for the town. b. That t he boundary amendment or repeal will not reduce the town's attraction to residents, guests, and property owners nor be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces or public views. c. That the boundary amendment or re peal will not diminish the integrity or quality, nor compromise the original purpose of the existing view corridor. 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initia ted by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroa chment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of section 12 -22 -3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defea t the purposes of this chapter.
Town of Vail Page 8 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes the proposed amendments furthers the general purpose of the zoning regulations by: “…promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential comm unity of high quality.” S taff believes the proposed amendments furthers the following specific purposes of the zoning regulations: “1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community.”
Town of Vail Page 9 In addition, t he proposed text amendment s will further the six purposes found in Section 1 2 -22 -1 , Purpose, Vail Town Code as follows: “A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heri tage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve a s prominent landmarks within Vail village and contribute to the community's unique sense of place.” Staff believes that the proposed amendments further both the general and specific purposes of the zoning regulations as they will establish a process by wh ich the initial intent and goal of an adopted view corridor can be preserved by addressing mature vegetation. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and p olicies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail’s adopted view corridors are located within Vail Village and Lionshead. Each of these commercial cores have adopted master plans to establish goals, objectives, and policies. Within Vail Village Master Plan staff believes the proposed amendments address the following goal, objective, and polic y : GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE
Town of Vail Page 10 Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacen t to, or visible from, public areas. Within Lionshead Redevelopment Master Plan staff believes the proposed amendments address the following policy objectives : 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance the guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. The Town’s adopted v iew corridors work in partnership with the built environment to ensure a visual connection between the pedestrian and the natural environment and specific landmarks. View corridors are an important component of the two commercial cores and the proposed re gulations will allow for the continued effectiveness of the adopted view corridors. Staff believes that this proposal complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the ado ption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail recognized very early in its development that connections between the pedestrian and the natural environment and landmarks w er e necessary for success. In order to ensure critical visual connections were maintained the Town adopted regulations and criteria to protect critical views through the adoption of Ordinance No. 18, Series of 1992. The impact of landscaping upon adopted view corridors was not anticipated in the adoption of the existing view corridor regulations. The Town of Vail has many goals, objectives, and policies which have resulted in the incorporation of significant landscaping within our commercial cores. This goal of
Town of Vail Page 11 incorporating the natural environment into the built environment has begun to impact the goal of preserving the intent of the adopted view corridors. The proposed regulations are intend ed to provide a process by which both goals can be achieved. Allowing for the alteration, removal, and replacement of landscaping within adopted view corridors establishes the ability to balance both goals. Staff believes that conditions have changed since the original adoption of the subject regulations. The impact of landscaping upon adopted view corridors was not considered in the existing regulations. It is necessary to amend the existing regulations in order to continue to achieve the goals of Chapter 12 -22, View Corridors, Vail Town Code. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments will allow for a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives. As landscaping matures it may begin to frame the adopted view corridor or it could be detrimental to the purpose an d need to be addressed. The proposed text amendments will allow for balance to be achieved between the goals of preserving adopted view corridors and incorporating the natural environment into the built environment. 5. Such other factors and criteria the pl anning and environmental 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 to the Vail Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, and Section 14 -10 -3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, 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 E nvironmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion :
Town of Vail Page 12 “The Planning and Environmental Commission forwards a recommendation of app roval to the Vail Town Council, pursuant to Section 1 2 -3 -7 , A mendment , Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, and Section 14 -10 -3C, Site Planning, Vail Town Code to allow for the maintenance of adopted view corridors impact ed by vegetation , 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 foll owing findings : “Based upon a review of Section V of this memorandum, and the evidence and testimony presented t he Planning and Environmental Commission finds: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2) That the amendment furthers the general and specific purposes of the zoning regulations; and 3) That the amendment promote s 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 comm unity of the highest quality.” VII. ATTACHMENTS A. Photographs of Vail’s Adopted View Corridors