An amendment of the regulations of this chapter, including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of 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 or her designee.
(A) Application information for amendments. An application for the amendment of the provisions of this chapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Department of Community Development on a form to be prescribed by the Administrator. The application shall include the following information:
(1) A summary or description of the proposed amendment;
(2) A photograph of the proposed view to be protected if the application is to add a new view corridor or amend the boundary of an existing view corridor. The point used as the view point origination and the height of the camera above existing grade or pavement at the time the photograph was taken shall be identified. The
photograph or photographs shall be marked to show the proposed view corridor boundary or shall be marked to show the proposed improvements in relation to existing improvements and existing view corridor boundaries;
(3) The Department of Community Development may require models, overlays, sketches or other submittal requirements to show:
(a) For a new view corridor, the potential impact the new view corridor could have on the development potential of surrounding properties; or
(b) For a modification to a view corridor boundary, the potential impact the change would have upon the protected view corridor.
(4) Names and addresses of the property owners whose development potential, as set forth in this title on the date the application is received by the Department of Community Development, may be increased or decreased by the proposed view corridor or by the proposed modification to the existing view corridor;
(5) If the application is to add a new view corridor or amend the boundary of an existing view corridor, the applicant shall submit a legal description of the new view corridor or the amended boundary prepared in the same format as those set forth in § 12-22-4 of this chapter, and any other information deemed necessary by the Department of Community Development 30 days prior to the final Planning and Environmental Commission public hearing; and
(6) An application for an amendment may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review an amendment application, the Department of Community Development shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, the Department of Community Development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the amendment application is submitted to the Department of Community Development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within 30 days of notification by the town.
(B) Notice and hearing procedure.
(1) Upon the filing of an application for an amendment to this chapter, or upon initiation of an amendment by the Town Council, Planning and Environmental Commission or Department of Community Development Director, the Department of Community Development Director or his or her designee shall set a date for a public hearing before the Planning and Environmental Commission. Subsequent to the hearing, the Planning and Environmental Commission shall make a recommendation for approval or denial to the Town Council. After considering the Planning and Environmental Commission’s recommendation, the Town Council shall make a final determination on the amendment at a public hearing by ordinance.
(2) Notice for the public hearing before the Planning and Environmental Commission shall be given to the property owners designated in subsection (A)(4) of this section, or § 12-22-6(B)(1)(b) of this chapter, in accordance with § 12-3-6(C) of this title and the hearing shall be conducted in conformity with § 12-3-6(D) of this title.
(C) Criteria for amendments. The Town Council shall only approve an amendment to this chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail land use plan, town policies, and urban design guide plans and other adopted master plans, and meets all of the following criteria.
(1) If the request is to add a new view corridor or to amend the boundary of an existing view corridor in such a way which expands an existing view corridor:
(a) That the proposed view corridor or the boundary amendment protects and perpetuates a view or views from public pedestrian areas, public ways or public spaces within the town which foster civic pride and are in the public interest for the town;
(b) That the proposed view corridor or boundary amendment protects and enhances the town’s attraction to residents, guests and property owners; and
(c) That the proposed view corridor or boundary amendment protects a view which is commonly recognized and has inherent qualities which make it more valuable to the town than other more common views.
(2) If the amendment is to amend the boundary of an existing view corridor in such a way which reduces the existing view corridor or is to repeal an existing view corridor:
(a) That the boundary amendment or repeal will not reduce or eliminate any view or views from public pedestrian areas, public ways, or public spaces within the town which foster civic pride and are in the public interest for the town;
(b) That the boundary amendment or repeal will not reduce the town’s attraction to residents, guests and property owners nor be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces or public views; and
(c) That the boundary amendment or repeal will not diminish the integrity or quality, nor compromise the original purpose of the existing view corridor.
(Ord. 18(1992) § 1; Ord. 29(2005) § 48)