Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutPEC120029 Town Council Ordinance No. 10, Series of 2012 Memorandums!'60'�` � ' ,) °SS�'h^ tpy�,, a�:�oe� 5 �a�: �-o-o TOUVN OF W FROM DATE vAii� Vail Town Council Community Development Department September 4, 2012 � � ��S �i` ``� L' 1 • _ 1 ! _ 11 SUBJECT: Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, 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 SUMMARY Ordinance No. 10, Series of 2012, establishes regulations allowing for the Design Review Board to asses the impacts of vegetation on adopted view corridors. If the Design Review Board found that the existing vegetation were detrimental to the adopted purpose statement for each adopted view corridor mitigation methods could be approved to address the negative effects. The proposed Ordinance No. 10, Series of 2012, (Attachment A) and a copy of the Planning and Environmental Commission August 13, 2012, memorandum (Attachment B) have been attached for review. II. BACKGROUND 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 the hearing the Vail Town Council answered the following question: "Does the Vail Town Council believe thaf the Vail Town Code and master p/ans 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 amendments addressing the maintenance of vegetation impacting adopted view corridors. On August 13, 2012, the Planning and Environmental Commission forwarded a recommendation of denial (5-0-0) on proposed 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. The Commission identified the following concerns: � The regulations would be counter to the Town's policies protecting vegetation; • The regulations could negatively impact stream health; • The regulations could expose lesser desirable elements which are screened by vegetation (roofs and architecture); and • The regulations would negatively impact the guests who come to Vail to experience nature (mature vegetation is a part o Vail). III. ACTION REQUESTED OF THE COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2012, on first reading. IV. RECOMMENDATION The Planning and Environmental Commission recommends the Vail Town Council denies Ordinance No. 10, Series of 2012, upon first reading. Should the Vail Town Council choose to approve Ordinance No.10, Series of 2012; the following motion is recommended: "The Vail Town Council approves, on first reading, Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14- 10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto." Should the Vail Town Council choose to approve this ordinance, the following findings are recommended: "Based upon the review of the criteria outlined in Section V of Staff's August 13, 2012, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 9. 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 Town of Vail Page 2 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. " V. ATTACHMENTS A. Ordinance No. 10, Series of 2012 B. Planning and Environmental Commission memorandum dated August 13, 2012 Town of Vail Page 3 ORDINANCE NO. 10 SERIES OF 2012 ORDINANCE NO. 10, SERIES OF 2012, AN ORDINANCE AMENDING 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 , AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish regulations allowing for the maintenance of adopted view corridors negatively impacted by vegetation; and, 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended denial of these amendments at its August 13, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council adopted Ordinance No. 18, Series of 1992, on August 4, 1992, which amended the Vail Village Urban Design Consideration and created a new chapter in the Vail Town Code to provide for the protection of certain views within the Town of Vail; and WHEREAS, the Vail Town Council finds that the preservation of the Town's adopted view corridors may require the maintenance of vegetation negatively affecting the established purpose for a view corridor: and 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; and 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 Ordinance No. 10, Series of 2012 1 residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. The purpose of this ordinance is to amend Chapter 12-22, View Corridors, and Section 14-10-3C, Vail Town Code to allow for the maintenance of adopted view corridors negatively impacted by vegetation. (Text that is to be deleted is �er�. Text that is to be added is bold. Sections of text that are not amended may be omitted.) SECTION 2. Chapter 12-22 (in part) is hereby amended as follows: �, . �► �. �► � �► �r��r_�� vui�i��i s i�� ilii �� i�t�i�.e ► � r � • � . � . u . � � . • � • • � • � � � � � • • • • . • . • . • � • u . • � � � . � � � � � � • • � 12-22-3: VEGETATION; MAINTENANCE: The mainfenance 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 require replacement to preserve and enhance the landscape characfer of the area. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORR/DORS: (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 wifh 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. Ordinance No. 10, Series of 2012 2 C. Criteria For Encroachment: No encroachment into an existing vrew corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets al! of the following criteria: 1. That the literal enforcement of this chapfer sec-�ie� ��--2-� a# would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of fhe 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 vie w. SECTION 3. Section 14-10-3C (in part) is hereby amended as follows: 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 found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. SECTION 4. 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 5. 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 6. 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 Ordinance No. 10, Series of 2012 3 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 7. 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 4t`' day of September, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of September, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2012 � Andrew P. Daly, Mayor TOWN OF VAIL� Memorandum 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 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 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 �+Ic�e�#, text that is to be added is bold, and sections of text that are not amended have been omitted): afiiiTiir��►��Irr.�rr�L�C.t�71rJ�7��C _- � � � �-.-.-.'.._..�:.-.�:..,G�-. �-,..'.:��-�-.-�o�'.�,'.� 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 Recommendafion 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 fhe 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: Town of Vail Page 2 1. That the literal enforcement of this chapter ses#�eA �-� 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. 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 �+1�#, 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 fo 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 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 Town of Vail Page 3 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 Town of Vail Page 4 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) Town of Vail Page 5 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. 8. 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. 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 vitality and values of the town. Town of Vail Page 6 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 prominenf 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 vegefation 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 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 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. Town of Vail Page 7 Obiective 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 Obiective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policv 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. Policv 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 Desian 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 Town of Vail Page 8 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 b�acktd �� j��p�`�'�`�� . �drrsefo�- � - -'. - - 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 Town of Vail Page 9 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 sfandards. 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. Town of Vail Page 10 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 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. Town of Vail Page 11 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 finro 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. Town of Vail Page 12 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. " Town of Vail Page 13 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 rn a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest qualify." VII. ATTACHMENTS A. Photographs of Vail's Adopted View Corridors Town of Vail Page 14 rnn�.;S.S� � Cac-�: � oPPos�c� �o�,rtfe� j nf,�� ¢ �d � a.�,�s 6"C"' '�o "�' /l 1 5�� hQ,a�'�� M0."��c'e -f7ecS �S�fce., lesS�'�' O�es;ra�� GI�/►ti°K'�f 'I w� Z � 1�1 � S i S 11A � �(� L7 i SS" �.c e. , l`, n u� f o,�.. /Yi�erl�l:� l i 5S- +�1,2� � h,o �,1,�► S-E a, c� rt.0� r�C.�'C . �'e e s G: ta- a f) a.ri �" � �(-�, rTi l a.n o�s �,P e. Gt �-�l �C vt. v: c'o n/►'le r� k. ��J o�^,�[ �- r� �q,�,� w;�. �� f�,� - 0_ _ J �,v /I : �ecom �1 e�la�.'��on o � �2a1 �q.[ �; a �ofe: ��-�� ,��o-o �� TO FROM DATE: � Vail Town Council �on � ►1.0�, �a - d -�e � Community Development Department September 18, 2012 � ,�� o ss�� -- o-o � �� a� �� _ ��o��r�� SUBJECT: Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC120029) Q Applicant Planner: SUMMARY Town of Vail Warren Campbell Ordinance No. 10, Series of 2012, establishes regulations allowing for the Design Review Board to assess the impacts of vegetation on adopted view corridors. If the Design Review Board finds that the existing vegetation was detrimental to the purpose statement for each adopted view corridor mitigation methods could be approved to address the negative effects. Mitigation of the negative impacts could include limbing or pruning and/or removal. The "topping" of trees is not an acceptable mitigation method. The proposed Ordinance No. 10, Series of 2012, (Attachment A) has been attached for review. II. BACKGROUND On August 13, 2012, the Planning and Environmental Commission forwarded a recommendation of denial (5-0-0) on proposed 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. The Commission identified the following concerns: • The regulations would be counter to the Town's policies protecting vegetation; • The regulations could negatively impact stream health; The regulations could expose lesser desirable elements which are screened by vegetation (roofs and architecture); and The regulations would negatively impact the guests who come to Vail to experience nature (mature vegetation is a part o Vail). On September 4, 2012 the Vail Town Council unanimously approved the first reading of ordinance No. 10, Series of 2012. Subsequent to the vote, Councilman Moffet requested that language to prevent the "topping" of trees as a method to reestablish a view corridor be added to the ordinance. III. DISCUSSION At the September 4, 2012 Vail Town Council public hearing Councilman Moffett, after the vote on the ordinance, asked staff to propose language for consideration at the second reading to address a concern regarding the "topping" of trees to reestablish a view corridor. The proposed language allows for limbing or pruning and possible removal as follows: 12-22-3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbinq and prunin_q 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 require replacement to preserve and enhance the landscape character of the area. Staff has reviewed the proposed language and believes that it adequately prevents the topping of trees to reestablish a view corridor for the following reasons. • Limbing and pruning does not include the ability to top trees. • The Vail Town Code will require the submittal of a Design Review application for review by the Board. • All applications will include the methodology for mitigating the impact of vegetation on the view corridor. • The Board will make a determination regarding the method of mitigation. The Board has not approved the topping of trees as a mitigation method for views. • The appeals process would be in effect for any action taken by the Board. IV. ACTION REQUESTED OF THE COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 10, Series of 2012, upon second reading. Town of Vail Page 2 V. RECOMMENDATION The Planning and Environmental Commission recommends the Vail Town Council denies Ordinance No. 10, Series of 2012, upon second reading. Should the Vail Town Council choose to approve Ordinance No.10, Series of 2012; the following motion is recommended: "The Vai! Town Council approves, on second reading, Ordinance No. 90, Series of 2012, an ordrnance amending Chapter 12-22, View Corridors, and Section 14- 10-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenanee of adopted view corridors impacted by vegetation, and setting forth details in regard thereto." Should the Vail Town Council choose to approve this ordinance, the following findings are recommended: "Based upon the review of the criteria outlined in Section V of Staff's August 13, 2012, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goa/s, 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 hrghest quality. " VI. ATTACHMENTS A. Ordinance No. 10, Series of 2012 Town of Vail Page 3 ORDINANCE NO. 10 SERIES OF 2012 ORDINANCE NO. 10, SERIES OF 2012, AN ORDINANCE AMENDING 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 , AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish regulations allowing for the maintenance of adopted view corridors negatively impacted by vegetation; and, 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended denial of these amendments at its August 13, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council adopted Ordinance No. 18, Series of 1992, on August 4, 1992, which amended the Vail Village Urban Design Consideration and created a new chapter in the Vail Town Code to provide for the protection of certain views within the Town of Vail; and WHEREAS, the Vail Town Council finds that the preservation of the Town's adopted view corridors may require the maintenance of vegetation negatively affecting the established purpose for a view corridor: and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outtined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and 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 Ordinance No. 10, Series of 2012 residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. The purpose of this ordinance is to amend Chapter 12-22, View Corridors, and Section 14-10-3C, Vail Town Code to allow for the maintenance of adopted view corridors negatively impacted by vegetation. (Text that is to be deleted is �er�. Text that is to be added is bold. Sections of text that are not amended may be omitted.) SECTION 2. Chapter 12-22 (in part) is hereby amended as follows: „ . �. �. �. � �. . . . . . .. .. .. ... . .. . . . . . . .. . . . . . . . . .. . ..... .. . .. . . . . . .. . . . . 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 require replacement 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 shal/ 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. Ordinance No. 10, Series of 2012 � C. Crrteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonsirates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter �p ��-� e� would preclude a reasonabJe 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. SECTION 3. Section 14-10-3C (in part) is hereby amended as follows: C. Remova/ of 6�ees, 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 found to impact view corridors as further regulated by Chapter 12-22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. SECTION 4. If any part, section, subsection, sentence, ciause 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 5. 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 6. 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 Ordinance No. 10, Series of 2012 3 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 7. Ali 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 4th day of Se�tember, 2012, and a public hearing for second reading of this Ordinance set for the 18t day of September, 2012, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of September, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2012 0 Andrew P. Daly, Mayor