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HomeMy WebLinkAbout1992-18f ORDINANCE NO. 1$ Series of 1992 AN ORDINANCE AMENDING SECTION G OF THE VAIN VILLAGE URBAN DESIGN CONSIDERATIONS RELATING TO THE PROTECTION OF VIEWS WITHIN THE TOWN OF VAIL AND CREATING A NEW CHAPTER OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE FOR THE PROTECTION OF CERTAIN VIEWS WITHIN THE TOWN AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, it is the opinion of the Town Councii that the preservation of certain existing view corridors is essential to the character of Vail as a mountain resort community; and WHEREAS the preservation of views will protect and enhance the Town's attraction to guests and visitors; and WHEREAS the preservation of views will stabilize and enhance the aesthetic and economic vitality of the Town of Vail; and WHEREAS this new chapter will more cfiearly identify existing view corridors and development procedures for the benefit of the public; NOW, THEREFORE, BE lT ORDAINED BY THE TOWN COUNCIh OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: Section 1 Title 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter i 8.73 to read as follows: Chapter 18.73 -View Corridors 18.73.010 -Purpose The Town of Vaii 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 pedestrianlpublic ways within the Town will foster civic pride and is in the public interest of the Town of Vail; B. it is desirable to designate, preserve and perpetuate certain views for the enjoyment and enviranmental enrichment of the residents and guests of the Town; C. The preservation of such views wiii strengthen and preserve the Town's unique enviranmental heritage and attributes; D. The preservation of such views will enhance the aes#hetic and economic vitafiity and values of the Tawn; E. The preservation of such views is intended to promote design which is compatible with the surrounding naturaE and bui1~ environment, and is intended to provide 1 .... ti for natural #ight to buildings and in public spaces in the vicinity of the view corridors; F. The preservation of such views will include curtain focal points such as the Gluck Tower and Rucksack Tower, which serve as prominent landmarks within Vai# Village and contribute to the community's unique sense of place. 18.73.D20 -Definitions For the purposes of this chapter, the following terms shall be defined as shown below: A. Structure: Anything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipmen#, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or any similar object. B. View Point Origination: The survey pin, called out as the instrument in each legal description defining a view corridor boundary, which is the basis far each view corridor. Section 18.73.030 -Limitations on Construction No part of a structure shall be permitted to encroach into any view corridor set forth in this ordinance unless an encroachment is approved in accordance with Section 18.73.060 of this ordinance. Section t $.73.040 -Adoption of View Corridors Photographs on record with the Community Development Department and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the Tawn. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held 6.4 feet above the instrument, which is approximate eye level for most adults. A 35 millimeter camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. A. View Point #1. A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Gluck Tower, 232 Bridge Street, the Rucksack Tower, 280 8r'~lge Street, and beyond to the ski slopes; Purpose - To protect the views of Vail Mountain, views of Vail Village and to maintain the prominence and views of the Clock Tower and Rucksack Tower as seen from the central staircase of the Transportation Center. 2 ~.. `~ r tnstrumertt -View Point #1 - a 2" diameter brass disc, marked V.P. 1 on stair landing between Levels 2 and 3 of Vail Viiiage Parking structure. Backsight - CW 1116 corner of Section 8 Helght at Survey Transit Above Vlew Point #1 - 5.4 feet Horizontal Anaie Zenith Anale ~ Foresiaht Point on Photo as of 217!92 348°51'10" 77°21'30" A -intersection of the horizon with a vertica! iine defined by the southwest corner of the sixth floor deck enclosure on the Mountain Haus, 292 E. Meadow Drive. 348°30'10" 87°11'30" 61 -uppermost railing of the southwest corner of the balcony on the fourth floor of the Mountain Haus, 292 E. Meadow Drive. 355°23'00" 87°37'40" B2 -east end of the Red Lion roof ridge, 304 Bridge Street. 357°39'04" 87°40'43" B3 -intersection of the Red Lion roof ridge with the southeast corner of the Rucksack Tower, 280 Bridge Street. 357°57'59" 88°27'22" B4 -northeast corner of the base of the Rucksack Tower, 280 Bridge Street. 004°05'19" 89°16'02" Ci -intersection of the Gallery Building, 225 Gore Creek Drive, with the northeast corner of the Clock Tower, immediately below the balcony. 004°39'58" 89°16`33" C2 -western end of facia board on Gallery Building 004°47'18" 89°41'44" C3 -intersection of the sloping roof of the Gallery Building with the ridge line of the Clock Tower Building, which extends west 006°59'11" 89°42'12" D -intersection of the Clock Tower Building roof and the northwest corner of the Clock Tower 012°25'56" 87°38'01 " E -peak of the Plaza Lodge vent chase, 232 Bridge Street. 027°08'54" 87°28'43" 1= -intersection of the north side of roof, Gasthof Gramshammer Building, 231 East Gore Creek Drive, with the east side of two large trees 031°53'27" 76°26'35" G -intersection of the horizon line on Vail Mountain with the vertical iine defined by the top of the western, very large pine tree west of Paint F 3 f 5 ~~ ~ -:~ B. Vlew Point #2. A view #rom upper Bridge Street looking toward the ski slopes between 228 Bridge street, the Golden Peak Building, and 311 Bridge Street, the Hill Building; Purpose - To protect views of the ski runs and ski base area as seen from upper Bridge Street. Instrument -View Point #2 - a #6 rebar with a 2j/z" diameter aluminum cap marked V.P. 2 (PLS 16827} set in an aluminum monument bax in Bridge Street in front of the Red Lion Building, 304 Bridge Street, Backslght -View Point #4 - a #6 rebar with a 2t/z" diameter aluminum cap marked V.P. 4 (PL5 16827} se# in an aluminum monument box, in the brick pavers, approximately 8 feet from the entrance to Frivolous Sal's, located near the northeast corner of One Vail Place Buiiding, 244 Wail Street. Height of Survey Transit Above View Point #2 - 5.4 feet Horizontal Angle Zenith Anale Faresiaht Point on Photo as of 1 i/i 5191 289°25'48" 74°28'18" A - nor#hwest corner of third floor baicany roof of Golden Peak Building 290°58'11" 89°58'40" B - PK nail in top of the 24 inch tall retaining wall on west side of Golden Peak House, 1 foot east from west edge of planter wail, and 10 feet west from the west face of the building 300°32'46" 92°05'34" C1 -top of south end of ski lockers, which are an raising 301 °35'24" 83°31'08" ' C2 -southeast corner of top deck rai[ on Hill Building 303°32'24" 73°38'55" D -southeast corner of brick chimney on Hill Building C. Reserved D. View Point #4. A view from the northeast corner of 244 Wali Street, the One Vaii Place Building, looking over the roofs of 304 Bridge Street, the Red Llon Building, and 356 Hansan Ranch Road, the Christiania Lodge, toward the Gore Range. Purpose - To protect views of the Gore Range as seen from the alley between Founders Plaza and Seibert Circle. Instrument -View Point #4 - a #6 rebar with a 2'/z" diameter aluminum cap marked V.P. 4 (PLS 16827) set in an aluminum monument box, in the brick pavers, approximateiy 8 feet from the entrance to Frivolous Sass, located in the northeast corner of the One Vaii Place Building, 244 Wail Street. 4 . S •' ~ ~ -~ Bactcslght -View Paint #2 - a #6 rebar with a 21/z" diameter aluminum cap marked V.P. 2 {PLS 16827) set in an aluminum monument bax in Bridge Street in front of the Red Lion Building Helgiht of Survey Transit Above Vlew Point #4 - 5.4 feet Horizontal Anals 343°56'53" 348°37'05" 352°55'25" 352°31'05' 352°13'16" Zenith Anale 62°24'10" 7+y0/1C~Ar]n 73°34'26" 79°24'44" 79°24'55" Foresiaht Paint on Photo as off 1 /15/91 A -south facia board of third floor roof of Plaza Lodge Building, 281 - 293 Bridge Street B -intersection of upper and second floor roof lines of Plaza Lodge Building C -south end of peak of second floor gable of Plaza Lodge Building D -eastern edge of second floor gable roof of Plaza Lodge Building E -intersection of second floor roof facia and southeast corner of Plaza Lodge Building 352°13'14" $4°44'25" F -intersection of southeast carnet of building and top edge of first floor facia of Plaza Lodge Buiiding 354°30'20" 86°13'30" G -top of southeasterly corner of first floor facia of Plaza Lodge Building 354°47'22" 86°07'58" H -intersection of south edge of Red Lian chimney and upper Red Lion roof iine 358°21'46" $5°17'48" I -peak of upper Red Lion roof line 359°04'3i" 85°30'36" J -intersection of upper Red Lion roof line and northerly roof line of the Christiania 000°16`55" t34°36'56" K -peak of northerly roof tine of the Christiania 001 °59'47" 84°36'56" L -intersection of northerly roof peak and southerly roof tine of the Christiania 003°05`44" 83°32'42" M -northwesterly corner of second floor baicony ors Hill Building 006°23'31" 83°33'52" N -intersection of top of second floor balcony rail and brick wall an Hilt Building 005°32'14" 67°54'58" O -northwest corner of top of facia on third floor roof of Hip Building E. View Point #5. A view of the Gore Range from Hanson Ranch Road just east of the IN{t) Creels a arKl aputth of 302 Gare Creek Drive, the Mill Creek Court Building; Purpose - To protect views of the Gare Range as seen from Hanson Ranch Road and East Gare Creek Drive. InStr~ment -View Point #5 - a #6 rebar with 2~/a" diameter aluminum cap marked V.P. 5 {PLS 5 ~~ • • 16827) set in an aluminum monument box in Hanson Ranch Road in front of the Mill Creek Court Building Backlight - #4 rebar with aluminum cap (LS 2568) in iron "Landmark" monument box marking centerline of Hanson Ranch Road -box is just west of Mili Creek in front of the Cyrano's Building at 298 Hanson Ranch Road. Height of Survey Transit Above Vlew Point #5 - 5.4 feet Horizontal Angle Zenith Angie Foresight Point on Photo as of 11/15/91 199°03'06" 81°23'49" A -intersection of southerly utility pole with ridge line 204°06'43" 85°10'40" B1 -intersection of northerly extension of Garden of the Gods Building, roofline with hillside ridge line 206°00'02" 85°10'40" B2 -northern end of roafline of the Garden of the Gods Building, 365 Vail Valley Drive 208'12'53" 85°10'40" C1 -intersection of southerly extension of the Garden of the Gods building roofline and the Villa Valhalla roofline, 380 Hanson Ranch Road 208°33'36" 84°55'50" C2 -northwest corner of the Villa Valhalla at roof facia 210°41'41" 84°01'47" D -intersection of top of the Villa Valhalla roof facia and the upward extension of the north edge of the trim on the window column 210°41'41" 82°01'51" B -the upward extension of the north edge of the trim on the window column on the Villa Valhalla to a point above the horizon F. View Point #6. A view looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the Gore Range. Purpose - To protect views of the Gore Range as seen from the Gore Creek Drive Area, Instrument -View Point #6 - a #6 rebar with 2'/2" diameter aluminum cap marked V.P. 6 (PLS 16827) set in an aluminum monument box in Gore Creek Drive in (rant of the Gore Creek Plaza Building BaCk~l~ht - a #6 rebar W~ 2'/2" diameter aluminum cap marked V.P. 6 B.S. (PLS 16827) set in an aluminum monument box in Gore Creek Drive near the southwest corner of Pepi's deck 6 .,, ~~ $2°54'27" Height of Survey Transit Above Vlew Point #6 - 5.4 feet Horizonta# Ange Zenith Ange 356°08'35" 81°02'17" 356°55'02" 83°02'06" ono°31'3x" 001 °48' 10" 003° 14'42" 007°56'03" Foresight Point on Photo as of 11/15/91 A -point on horizon left of the chimney on Gasthof Gramshammer roof, 231 East Gore Creek Drive B -intersection of southeast edge of chimney and Gasthof Gramshammer's roofline C - southern end of gable on Gasthof Gramshammer's roof 85°17'34" D1 - #ntersection of northerly extension of Gorsuch Building's roof line and Gasthof Gramshammer's roof, 231 East Gore Creek Drive 85°17'40" D2 -north end of Gorsuch Building's rcof 85°11'32" D3 -south end of Gorsuch Building's roof 013°30'31" 85°11'32" E -intersection of southerly extension of Gorsuch Building's roof line and brick pillar nn Lazier Arcade Building /Wall Street Building, 225 Wall Street. 013°38'14" 78°48'35" F -intersection of face of stucco and eve iine on Lazier Arcade Building/Wall Street Building 012°55'17" 78°14'51" G -top of facia on nprtheast corner of roof on Lazier Arcade Building / Wali Street Building 014°44'21" 73°i3'39" H -top of roof on Lazier Arcade Building /Wall Street Building Section 18.73.050 -Amendments An amendment of the regulations of this Chapter, including a request to add a new view corridor, deists 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 awn motion, or by application of any resident or property owner in the Town, or by the Director of the Community Development Department or his/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 cprridor shall be flied with the Community Development Department on a form #o be prescribed by the Director of the Community Development Department. 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 poin# origlnatinn 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 7 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 Community Development Department 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, asset forth In Chapter 18 of the Town of Vail Municipal Code on the date the application is received by the Community Development Department, may be increased or decreased by the proposed view corridor ar by the proposed modification to the existing view corridor. 5. If the application is to add a new view corridor ar 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 Section 18.13.040 of this ordinance and any other survey information deemed necessary by the Community Development Department 30 days prior to the final PEC public hearing. G. 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 Community Development Department shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Cauacil to hire an outside consultant, the Community Development Department 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 Community Development Department. Upon completion of the review of the application by the consuitant, 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 ire excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within thirty (3t)) days of notification by the Tawn. 8. Notice and Hearing Procedure 1. Upon the filing of an application for an amendment to this Chapter, ar upon initiation of an amendment by the Town Council, Planning and Environmental Commission, or Community Development Director, the Community Development Director ar his designee shall set 8 If a date for a public hearing before the Planning and Environmental Commission. Subsequent to the hearing, the Planning and Environmenta! 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 Environment Commission shah be given to the property owners designated In Section 18.73.050 (A}4 or Section 18.73.060 (A}2 in accordance with Section 18.66.D80 of this Code and the hearing shall be conducted in conformity with Section 18.66.090 of this Code. C. Criteria for Amendments The Town Council shad 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 Vaii Land Use Plan, Town Policies, and Urban Design Guide Plans and other adopted master plans, and meets ali 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 ar the boundary amendment protects and perpetuates a view or views from public pedestrian areas, pubiic ways, or pubiic spaces within the Town which foster civic pride and are in the pubiic interest for the Town of Vail; (b} That the proposed view corridor or boundary amendment protects and enhances the Town's attraction to residents, guests and property owners. (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, publlc ways, or pubiic spaces within the Town which foster civic pride and are in the public interest for tfie down of Vail; 9 .. .. ....w..na.,.e.~..._~~..._._.....__. __... ~~ (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. (c) Tt-at the boundary amendment or repeal will not diminish the integrity or quality, nor compromise the original purpose of the existing view corridor. Section 18.73.060 -Encroachments into Existing View Corridors An application for approval to encroach into an existing view corridor may be initiated by the Tawn 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 Director of Community Development Department or hislher designee. A. Az~olication Information for Encroachments An application for an encroachment shall be flied with the Community Development Department an a form to be prescribed by the Director of the Community Development Department. The application shall include the following information: 1. A summary or description of the proposed encroachment. 2. Names and addresses of property owners located within 500 feet of the proposed encroachment. 3. Photographs of the existing view corridor. The photographs shall be marked with tape to identify the existing view corridor boundaries, and shall show the proposed encroachment. The photographs shall be taken from the view point origination at the same height as identified in the legal descriptions in Section 18.73.040. 4. The Community Development Department may require models, overlays, sketches ar other submittal requirements to show haw the proposed encroachment could Unpact the protected view corridor. 5. An application for an encroachment 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 encroachment application, the Community Development Department 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 Commur~.ity Development Department shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be 10 ~: C'~ ~ ~ forwarded to the Town by the applicant at the time the encroachment #s submitted to the Community Development Department. 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 thirty (30} days of notification by the Town. B. Notice and Hearing Procedure Notice and hearing on an application for an encroachment into an existing view corridor shall be in accordance with Section 18.73.050(B) of this Chapter. C. Criteria for Encroachment Na 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 Section 18.73.030 would preclude a reasonable development of a proposed structure an 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 en)oyment 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 Vaii 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 th8 original purpose of the preserved view. Section 1$.73.070 -Non-Conforming Structures Ay Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date of this ordinance may continue. However, such encroachments will be encouraged to be removed as part of'any remodelling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the Tawn recognizes their importance to the character of Vail Village and to the quality of the urban design of Vail Village. Nalwithstanding their nonconforming status, the Town does not encourage #heir removal. 11 ,' - '~, B} Structures lawfully established prior to the effective date of the ordinance codified in this Chapter may be modified provided that such modification does not cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the existing structure. C) Non-conforming structures may be maintained and repaired as necessary for the convenient, safe, or efficient operation or use provided that no such maintenance or repair shalt cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width, ar mass, than the structure encroached prior to such maintenance and repair. D) Restoration: Whenever anon-conforming structure which does not conform with the provisions of this Chapter is destroyed by fire or other calamity, by Act of God, or by the public enemy, its use may be resumed or the structure may be restored provided the restoration is commenced within one (1 }year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configure#ion, specifically height, width, or mass, than the encroachment which existed prior to destruction. Section 18.73.080 - Heiaht Limitation If the maximum height allowed in any zone district within the Town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. Section 18.73.090 -Fees The Town Council shall by motion establish a view application fee sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. Section 2 Section G of the Urban Design Considerations is hereby modified to read as follows: I'araaragh G Vai#'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 18.73 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 ~npact of the project on views. Views that should be preserved 12 ti .~ originate from either major pedestrian areas ar 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 trom an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vaii Village shall not encroach into any adopted view corridor unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 16.73 of the Vaii Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from pedestrian ways and public spaces must be identified and considered where appropriate. The Vail Land Use Plan, Town Policies, the Urban Design Guide Plans, and other adopted master ptans, shall be used to help determine which views may be affected, and how they should be addressed. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 hereo#, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 f Ali bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repeated 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. 13 • • INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21 st day of July, f 992. A public hearing shall be held hereon on the 4th day of August, i 992, at the regular meeting of the Tawn Council of the Town of Vaii, Colorado, in the Municipal Building of the Town. ATTEST: ~,dil~l. C3' . I'C.A.Q,C~G~iv Martha S. Raecker, Town Clerk ~. v-~~ Marg et A. Osterfoss, May READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 4th day of August, ~ 992. ~Y ~~~ Margret A. Osterfoss, May r ATTEST: Martha 5. 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OD .~f`~~Q 2 ~ ~ ~ a ~~ ~ ~.~ ~ ~ ~~ 3 z.~~ z~~1t ~~ ~ r, ~ ~ ~-,t~ . ,f `• E~7 ~~ ~ ~: ~~. ~ - ~ ~~z~~~z _n o. ~_ == ~ .~. ~ ~~,. ~ z,. O 0 Z i • • STATE 4F COLORADO ) COUNTY OF EAGLE ) S5. TOWN OF VAiL } The Town Council of the Town of Vail, Colorado, met in special session, in full conformity with the Town Charter and the applicable laws, rules and regulations of the Town, at the Vail Municipal Building, Vail, Colorado, the regular meeting place thereof, on Tuesday, June 30, 1192, at the hour of 7:30 p.m. The following were found to be present, constituting a quorum: Mayor: Mav~au,rct r4. ®sftr-Foss Mayor Pro Tem: Mevv 1-a~ih Councilmembers: Bob Bucklt~ Jfw~ GibscM Rob l~v~ht Jiv-~ ~Sl~earev~ ~oVYIAb S'~'~i VI LJwq Absent: Y~OF'1G Them Were a150 present: Town Manager: Town Clerk: Town Atton~ey: Rohd~ci! V. Phillipps Mar~fhd s. Rcteak~ ~..aul~rv~u /}. ~skwf~'h -1- ~~