HomeMy WebLinkAboutPEC120029 View Corridor Amendments 081312
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 13, 2012
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 corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029)
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 for 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 memorandum, 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 Town of Vail there are nine (9) 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
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economic 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 encroach into any view corridor
set forth in this chapter unless an encroachment is approved in
accordance with section 12-22-6 of this chapter.
Initial Recommendation to PEC: 12-22-3: LANDSCAPING:
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: VEGETATION; MAINTENANCE:
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 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.
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:
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1. That the literal enforcement of this chapter 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 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.
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 strikethrough, 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, or 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 identified
as diseased, or 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.
III. BACKGROUND
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
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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, would 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, eventually,
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 west of the Covered
Bridge. These proposed landscaping changes were 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 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 framed the
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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 call-up of
the Design Review Board’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 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.
On July 17, 2012, the Vail Town Council heard a presentation on the current view
corridor regulations and concerns raised by the Planning and Environmental
Commission. At this hearing the Vail Town Council was asked to answer the
following question:
“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?” The Vail Town Council responded that there was a need to propose and adopt
amendments addressing the maintenance of vegetation impacting adopted view
corridors.
IV. APPLICABLE DOCUMENTS
Vail Town Code
Chapter 12-1-2, Purpose (in part)
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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 quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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 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 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 vitality and values of the town.
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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.
14-10-3: SITE PLANNING
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.
Vail Village 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 goals, 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 development proposals or in implementing capital improvement projects. Finally, action steps
are suggested as immediate follow-up actions necessary to implement 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 plans 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.
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Objective 1.4: Recognize the “historic” importance of the architecture, structures, landmarks, plazas and features in preserving the character of
Vail Village.
Policy 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
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 adjacent to, or visible from, public areas.
GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND
GREENSPACE OPPORTUNITIES.
Objective 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.
Policy 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 Village Design 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
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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.
Lionshead Redevelopment Master Plan
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 the 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 following recommended public view corridors will create a
development constraint that will work with all other applicable development and
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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):
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 community of high quality.”
Staff 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.”
In addition, the proposed text amendments will further the six purposes found in Section 12-22-1, 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.
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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 heritage 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 as 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
which 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 policies 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 policy:
GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE
ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT
THE VILLAGE
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 adjacent to, or visible from, public areas.
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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 view 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 regulations 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 adoption 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 were
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 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 intended 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.
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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 and 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 planning 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 Environmental Commission choose to forward a recommendation of approval for this request, the Community Development
Department recommends the Commission pass the following motion:
“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.”
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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 following findings:
“Based upon a review of Section V of this memorandum, and the evidence and
testimony presented the 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 promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality.”
VII. ATTACHMENTS
A. Photographs of Vail’s Adopted View Corridors