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HomeMy WebLinkAbout2008-08 an Ordinance Amending Chapter 12-3, Administration and Enforcement, Vail Town Code, to Establish Procedures for Approving Public Art in Private Development ORDINANCE N0.8 SERIES OF 2008 ORDINANCE NO. 8, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT, VAIL TOWN CODE, TO ESTABLISH PROCEDURES FOR APPROVING PUBLIC ART IN PRIVATE DEVELOPMENT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community; and WHEREAS, the presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming; and WHEREAS, the aesthetic value of public art mitigates the negative impacts that development has on the Town; and WHEREAS, Town of Vail seeks to clarify procedures for mitigation of development impacts through public art in private development; and WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; 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 further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council 1'Inds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, in order to establish procedures for reviewing public art in private development that is considered a mitigation bf development impacts (Text that is to be deleted is stfisker~. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 8, Series of 2008 1 Section 2. Section 12-2-2 is hereby amended as follows: 12-2-2: Definitions Of Words and Terms: ART /N PUBLIC PLACES BOARD (A/PPB): The Art /n Public Places Board established pursuant to Chapter 3-3 of the Vail Town Code. LIMITED EDITION: One of no more than nine copies produced from an original artist's mold. PUBLIC ART: Any original creation of arfwork that is accessible to the general public. Section 3. Section 12-3-3 is hereby amended as follows: 12-3-3: Appeals C.Appeal Of Planning And Environmental Commission Decisions, Afld-Design Review Board Decisions and Art in Public Places Board Decisions: 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public Places Board with respect to the provisions of this title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public Places Board with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the town council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the Art in Public Places Board by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's decision or the Art in Public Places Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium Ordinance No. 8, Series of 2008 2 project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the planning and environmental commission or the design review board or the Art in Public Places Board to forward to the town council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the town council on the appeal within forty (40) calendar days of the appeal being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by the planning and environmental commission or the design review board or the Art in Public Places Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal to a planning and environmental commission or design review board decision or Art in Public Places Board decision. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. Section 4. Chapter 12-25 is hereby added as follows: 12-25: Public Art: 12-25-1: Purpose: The purpose of this Chapter is to establish guidelines, procedures and standards for the integration of public art into development projects in the Town. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes Ordinance No. 8, Series of 2008 3 vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. 12-25-2: Applicability: This Chapter shall apply to projects that have a public art component in the approved development plan, as part of a Special Development District or an exterior alteration or modification in the Public Accommodations (PA), Public Accommodations 2 (PA-2), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base Recreation 2 (SBR2) Districts. 12-25-3: Public Art Requirements: A. Eligible Public Art: The following, when produced in limited edition, shall be considered eligible as public art: (1) Attached or site-integrated art elements such as passageways, bridges, street furniture, paving materials or artistic features within a garden; (2) Mosaics, painted murals, or terrazzo covering walls, floors and passageways; (3) Independent or freestanding sculpture; (4) Interdisciplinary artwork including the written word, glass, photography, sound, video or any other multi-media works of art appropriate for the site; (5) Earthworks or the integration of natural and man-made materials in the landscape; (6) Fountains and water features; (7) Works that are decorative, ornamental or functional elements of the architecture and that contemporary approaches sculpture, site furnishings, earthwork etc. are welcomed; or (8) Any other project deemed eligible by the A/PPB. B. Ineligible Public Art: The following shall not be eligible as public art: (1) Reproductions or unlimited editions of original work; (2) Directional elements such as super-graphics, signage, or graphic elements already part of the project; or (3) Business or corporate logos or signage. C. Professional Artist: The public art project shall be designed by an artist that meets at least iwo of the following criteria, provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, understanding of mediums and relationship of artwork to the site maybe acceptable at the discretion of the A/PPB. (1) The artist has obtained a Bachelor of Fine Art or Master of Fine Art from an accredited college or university. (2) The artist has exhibition experience in a professional context (i.e. galleries, museum, art centers, or other exhibit venues). Ordinance No. 8, Series of 2008 4 (3) The artist has received peer recognition such as honorable mentions, awards, prizes, scholarships, appointments, or grants. (4) The artist is pursuing his/her work as a means of livelihood and/or a way to achieve the highest level of professional recognition. (5) The artist's work has been discussed in a published writing. (6) The artist's artwork has been held in public or private collections. D. Location: Public art shall be installed in a location that is open to the public and is visible from a pedestrian or vehicular way. Locations include, but are not limited to, community hubs or gathering places, portals, entrances or gateways, adjacent to sidewalks, adjoining parks and plazas, integrated into the floors, walls and ceilings within public areas and high traffic areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town- owned property or right of-way by the Vail Town Council. 12-25-4: Public Art Review: A. Public Art Plan Required: When required public art, the applicant shall submit a public art plan for review by the Art in Public Places Board. The administrator may require the submission of additional plans, drawings, speciFcations, samples and other materials if deemed necessary to properly evaluate the proposal. The public art plan shall include the following: (1) Site plan showing location of art; (2) Elevations and/or renderings of the project including public art component; (3) Written description of proposed type of public art; (4) Project schedule, including project and public art installation schedule; (5) Representations of the artwork (i.e. drawings, pictures of similar works by the artist); (6) Estimated public art budget, for purposes of determining the amount of performance bond; and (7) A written description of the maintenance plan. B. Final Review: Within thirty (30) days of submittal of the public art plan, the A/PPB shall review the public art plan at a regularly scheduled public hearing and shall make a determination of approval, approval with conditions or modifications, or denial, based on the requirements in Subsection C of this Section. The Design Review Board shall not have purview over any aspect of the public art within the project. C. Criteria for Review of Public Art Plan: Prior to approving a public art plan, the A/PPB shall Fnd that the public art plan meets all of the following criteria: (1) Compatibility with the site: Works of art shall be contextual to the site, and be compatible in style, scale, material, form, and content with their surroundings, and should enhance the relationships between the natural and man-made features of the site. (2) Location: The public art shall be viewable from public spaces, and shall be accessible to the public. Ordinance No. 8, Series of 2008 5 (3) Compatible with the architecture: Works of art that are decorative, ornamental or functional elements of the architecture shall be contextual to the architectural design of the building(s). (4) Scale: The scale of the artwork shall be commensurate with the scale of the development or redevelopment project. (5) Public Safety: Public art shall not create safety issues. (6) Permanence: Public art that requires expensive or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism. D. Appeals: AIPPB decisions maybe appealed in accordance with the provisions in Section 12-3-3, Appeals, Zoning Regulations. 12-25-5: Public Art Completion and Performance Bonds: All public art installations that are not complete prior to issuance of a Certificate of Occupancy for the project will require a performance bond equal to 125% of the estimated cost of the public art outlined in the public art plan. The public art shall be installed as outlined in the approved public art plan within one year after issuance of Certificate of Occupancy for the project, or the Town may use the performance bond to complete the public art installation. Following installation, applicants shall schedule a final inspection with the administrator. Upon a determination by the administrator that the public art installation is complete and in compliance with this Code, the Town shall release the performance bond. 12-25-ti: Maintenance: Public art shall be maintained as outlined in the public art plan. Maintenance of the public art shall be the sole responsibility of the current property owner in perpetuity, and this obligation shall be deemed to run with the land. Failure to maintain public art in compliance with the public art plan shall be considered a violation of this Chapter, subject to the penalties Section 5. 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 6. 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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. Ordinance No. 8, Series of 2008 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of April, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of May, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. / ~ ,~O;N N• OF 1i,9 ichard D. Cleveland, Mayor ATTEST: f ~ : SE A~, . , . • ` / ~ •~(N~ "Lore) i Donaldson, Town Clerk OCp~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6t" day of May, 2008. /2~~ Richard D. Cleveland, Mayor ITT .ST: ~~rl OF V9 _l orelei Donaldson, Town Clerk ;SEAL • ~~coRlAO° . Ordinance No. 8, Series of 2008 7