No preview available
HomeMy WebLinkAboutPEC120029 Town Council Policy Direction Memorandum 071712TOWN OF Memorandum TO: Vail Town Council FROM: Community Development Department DATE: July 17, 2012 SUBJECT: A work session to discuss policy amendments to Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The purpose of this work session is to: • Highlight what the adopted regulations and master plans state with regard to view corridors and vegetation. • Address any questions the Vail Town Council may have with the adopted regulations and master plans. • Inform the Vail Town Council of the work that has been done to date with the Design Review Board and Planning and Environmental Commission. • Discuss desired policy amendments to Chapter 12-22, View Corridors, Vail Town Code, to allow for vegetation maintenance. II. DISCUSSSION ITEMS The Town of Vail has adopted nine (9) view corridors within Vail Village and Lionshead. Section 12-22-1, Purpose, Vail Town Code, identifies the following as the purpose for the adoption of view corridors: "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. 8. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmenta/ 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 and attributes. D. The preservation of such views will enhance the aesthetic and economic vitalify 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 as prominent landmarks within Vail village and contribute to the community's unique sense of place." Since the adoption of the view corridors the growth of vegetation has altered some of the Town's adopted view corridors. Presently t e Vail Town Code �rovid policy direction on how to address chan es to view corridors as a re vege a ion. As this is a work session, the Community Development Department requests that the Vail Town Council listen to the Staff presentation, ask questions, and provides direction on how to proceed by answering the following: Does the Vail Town Council believe that the Vail Town Code and master plans need to be amended to allow for the maintenance of vegetation impacting an adopted view corridor? III. HIGHLIGHT OF ADOPTED POLICIES AND REGULATIONS Vail Town Code Chapter 12-1-2, Purpose (in part) A. General: These regulations are enacted for the purpose of 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 community of high qua/ity. 8. Specific: These regulations are intended to achieve the following more specific purposes: Town of Vail Page 2 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. 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 fown 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. 8. 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 heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vifality 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 as prominent landmarks within Vail Village and contribute to the community's unique sense of place. Town of Vail Page 3 14-10-3: SITE PLANNING C. Removal of trees, shrubs, and other native vegetation shall be limited to remova/ 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. Vail Villaqe Master Plan (in part) Chapter V. Goals, Objectives, Policies, and Action Steps Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goa/s, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector deve/opment proposals or in implementing capital improvement projects. Fina/ly, action steps are suggested as immediate follow-up actions necessary to imp/ement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic p/ans provide more specific direction regarding public improvements or development potential on a particular piece of property. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Obiective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policv 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Obiective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Town of Vail Page 4 Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. Obiective 4.1: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Policv 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvements to existing plazas (public art, landmarks, historic features, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Vail Villaqe Desiqn Considerations G. VIEWS AND FOCAL POINTS (in part) Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors have been adopted as part of Chapter 12-22 of the Vail Municipal Code. The view corridors adopted should not be considered exhaustive. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other Important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Town of Vail Page 5 .� ; 4i' :. �:��...... . - ; ...�..:,,►� . _�:'_4�':��y"*���a' »:s�iw=i�t►;�.�i1:ii►i.�� i Lionshead Redevelopment Master Plan bt�''c�d �� � t,���kbtx�.'c r�r��+ 4rrdor � - -' � - - 03 � 0� oal Chapter 4: Master Plan Recommendations — Overall Study Area Public View Corridors On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town's ordinance, a view corridor must meet the following criteria: a. Is the view critical to fhe identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the fol/owing recommended public view corridors will create a deve/opment constraint that will work with all other applicable development and regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a"build-to" line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map O): Town of Vail Page 6 IV. HISTORY OF DESIGN REVIEW BOARD AND PLANNING AND ENVIRONMENTAL COMMISSION ACTIONS A review of historical documents found a discussion on the impacts of vegetation upon adopted view corridors. The discussion occurred during the Planning and Environmental Commission's review of Ordinance No. 13, Series of 1991. The purpose of the ordinance was to incorporate adopted view corridors from the Vail Village Urban Design Considerations into the Vail Town Code. The following is an except of the public hearing minutes from April 22, 1991: "Chuck Crist [Commissioner] asked if a"structure'; as indicated in Paragraph 3, wou/d include street lights or trees. Kristan [Pritz, Director of Community Development] answered that street lights and public utilities would not be included in the definition. Chuck responded that, evenfually, trees could block the intended view. Shelley [Mello, Planner] related that other communities around the nation had tried to deal with this issue, and it was common question. Chuck clarified he was more concerned with artificial structures, such as street lights, but not vegetation. The suggestion made by Diana [Donovan, Commissioner] was to add language to this paragraph which would indicate man- made objects, such as street lights, top lights, and utility poles, would not be allowed." On August 3, 2011 the Design Review Board unanimously denied an application to remove existing trees along the north bank of Gore Creek north of the Covered Bridge in Slifer Plaza. This application was intended to clear the view of the Gorsuch Clock Tower from the Vail Transportation Center stairs as established in view corridor 1. The minutes of the public hearing are 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 vegetafion. 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 concemed 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. Town of Vail Page 7 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 fhe origina/ 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 framed the Covered Bridge and are solely a summer problem, and does this warrant removal. The DRB suggested 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. 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 to occur." On September 6, 2011, the Vail Town Council unanimously upheld the Design Review Board's denial of the application for landscaping changes on the north 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 encroaching into the adopted view corridors. �On February 13, 2012, the Planning and Environmental Commission, did not forward a recommendation of approval on proposed amendments to Chapter 12-22, View Corridors, Vail Town Code, based upon a split vote (3-3-0). In general those voting in opposition to the motion cited a desire to preserve mature and healthy vegetation, stream health, and the element of vegetation within adopted view corridors. V. STAFF RECOMMENDATION Staff recommends that the Vail Town Council instruct staff to propose amendments for review by the Planning and Environmental Commission that address concerns heard at the February 13, 2012 hearing. Staff will propose the following amendments: Chapter 12-22, View Corridors, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in s#�il�a�, text that is to be added is bold, and sections of text that are not amended have been omitted): �, . �� �� �� � �� - � W �., � Initial Recommendation to PEC: Town of Vail Page 8 12-22-3: LANDSCAP/NG: The alteration, removal, and replacement of landscaping may be necessary to maintain the original purposes of the preserved views established in this Chapter. Revised Recommendation to PEC: 12-22-3: VEGETATlON; MA/NTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may be required to preserve and enhance the landscape character of the area. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: (in part) 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 fhis 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. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted un/ess the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter ses�iep �� e� 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 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. Town of Vail Page 9 In addition to the amendments detailed above, Staff recommends that Section 14-10-3C, Site Planning, Vail Town Code, be amended as follows in order to clarify the unique nature of designated view corridors with regard to vegetation. Section 14-10-3C, Site Planning, Vail Town Code, is proposed to be amended in part as follows (text to be deleted is in c+riLo�hr�� �nh text that is to be added is bold, and sections of text that are not amended have been omitted): Initial Recommendation to PEC: 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, e� those essential for creating defensible space, and those detrimental to the original purpose of the adopted view corridors identified in Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. Revised recommendation to PEC: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those idenfified as diseased, e� those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. Town of Vail Page 10