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Home My WebLink About2012-10 Amending Chapter 12-22, to allow for the maintenance of adopted view corridors impacted by vegitationORDINANCE 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 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 �isl�e�►. 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 defrimental to the view corridor purposes set forth in fhis Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance fhe 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 p/anning 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 view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter ses#�ex� �-� 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. 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 free 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 • r , . 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 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 Coun ' hambers of the Vail Municipal Building, Vail, Colorado. � _ READ AND APPROVED ( this 18th day of September, 2012. ATT T: � � � D-��''� Lo lei Donaldson, Town Clerk Ordinance No. 10. Series of 2012 4 NG AND ORDERED PUBLISHED Andrew P. Daly, ayor ��.OF, VA/� . . O. . �. . . . . . . � . : � . . � • tv •��••.....• • :e.