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HomeMy WebLinkAbout2008-23 ORDINANCE NO. 23 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-22, VIEW CORRIDORS, VAIL TOWN CODE, TO ADOPT TWO NEW VIEW POINTS AND AMEND ONE EXISITNG VIEW POINT IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, On May 20, 1997, recognizing the importance of visual connections to the surrounding environment, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead.; and, WHEREAS, on September 27, 2004, the Town of Vail Planning and Environmental Commission approved a major exterior alteration application for the redevelopment of the Vail Associates core site property. In approving the application, the Commission placed a condition on the approval requiring the applicant, Vail Resorts, Inc., to submit an application to the Town of Vail Community Development Department for the creation of two new view corridors and one amended view corridor upon the completion of the Arrabelle at Vail Square project; and, WHEREAS, on October 13, 2008, the Planning and Environmental Commission voted 3- 0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto; and, WHEREAS, the Town Council finds and determines that the amendments are 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, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Devefopment Standards, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the 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, based upon Section IV of the Staff memorandum dated October 13, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ~ Ordinance No. 23, Series of 2008, second reading Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in str4ketbr-ougq, text that is to be added is bold. Sections of text that are not amended have been omitted): View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 2'/z" diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 2'/z" diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A- Intersection of the horizon with a vertical line defined by the southerly roofline on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. 266052'31" 85°10'55" B- Intersection of a lower roof at the westerly and the westerly building wall of the Vail Lionshead Centre Condominiums. 268°09'29" 85°55'59" C- Westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums. 267°50'34" 87°46'40" D- Intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums. 269°10'34" 87°51'15" E- Top westerly corner of red awning. 269°10'34" 88°28'56" F- Point of intersection of the red awning and the main level roof line on the westerly end of the Vail Lionshead Centre Condominiums. 271°54'54" 88°28'56" G- Point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of 2 Ordinance No. 23, Series of 2008, second reading the sloped roof of the terrace on the 15t level along the east side of the Arrabelle at Vail Square. 281°17'48" 87051'18" H- Underside intersection of sloped roof and the support post of the terrace on the 1st level on the east side of Arrabelle at Vail 280052'19" 87°46'16" Square. I- Underside of sloped roof of the terrace on the 15t level on the 280042'31" 87°24'36" east side of Arrabelle at Vail Square. J- Top edge of overhang/beginning of sloped roof of the terrace at the 15' level on the east side of the Arrabelle at Vail 281°30'24" 87°06'00" Square. 281°31'32" 79°37'37" K- Intersection of sloped roof of the terrace at the 1st level and the east wall of the Arrabelle at Vail Square. 281°09'32" 79°02'30 L- Intersection of the east wall of the and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square. M- Top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square. O- Line projected from Viewpoint M straight up to the horizon line of Vail Mountain. The following are permitted within View Corridor #8: Drain pipes; roof snow fences; street lights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. 3 Ordinance No. 23, Series of 2008, second reading View Point #9 A view from the top west stair above the ice rink of the Arrabelle at Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Bahn Gondola. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #9: A 2'/Z" diameter aluminum monument, set at the center of the top of the west stair above the ice rink of the Arrabelle flush in pavers, stamped View 9. 4. Backsight: A 2'/z" diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #9: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008 67°13'19" 83°39'37" A- Intersection of underside of the pedestrian bridge and the east wall at the 3rd level 67°13'16" 84°01'27" B- Intersection of east wall and sloped roof at the 3rd level 68°58'53" 84°34'10" C- East end of sloped roof / Top of deck railing at the 3rd level 68°58'15" 86°49'52" D- Underside of outermost edge of terrace on the east side of the 3rd IeVel 68°19'45" 86°54'20" E- Intersection of east wall and underside of terrace of the 3ra level 68°19'36" 90°52'16" F- Angle point in east wall 68°51'23" 94°34'30" G- Intersection of east wall at ground level 71°35'08" 93°11'36" H- Intersection of west wall at ground level 71°40'40" 91°48'13" I- Angle point of west wall 72°18'05" 90°07'47" J- Angle point of west wall 72°17'49" 89°39'20" K- Top of the great room terrace wall at the 2"d level 74°14'07" 89°32'05" L- Intersection of the great room terrace wall at the 2"d level and 4 Ordinance No. 23, Series of 2008, second reading the east side of the outdoor fireplace chimney in the pedestrian plaza 74°36'40" 87°55'34" M- Angle point of the east side of the outdoor fireplace chimney and the intersection of the underside of sloped roof overhang at the 2"d leVel 74°09'55" 87°56'16" N- Underside of sloped roof overhang at the 2"d level 73°52'09" 87°36'45" O- Top side of sloped roof overhang for the 2"d level 74°36'25" 86°58'15" P- Intersection of sloped roof for the 2"d level and the fireplace chimney 74°32'38" 84°09'29" Q- Top east side of the fireplace chimney 76°31'13" 83°59'23" R- Top west side of the fireplace chimney 76°28'06" 86°17'44" S- Intersection of the west side of the fireplace chimney and sloped roof for the 2"d level 78°20'42" 85°21'48" T- Intersection of sloped roof and dormer overhang at the 3`d level 78°58'36" 83°28'40" U- Intersection of dormer overhang at the 3rd level and the underside of the pedestrian bridge The following are permitted within View Corridor #9: Above ground pedestrian bridge connecting buildings; maypole and attachments; signs attached to the building; umbrellas located on decks, skier bridge and appurtenances; menu boards; movie screens; decorative outdoor lights/lighting; railings defining restaurant decks; flower containers; directional/directory signs; trash containers; bollards; roof snow fences; street lights; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; 5 Ordinance No. 23, Series of 2008, second reading View Point #10: A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bahn Gondola lift line thru the Arrabelle at Vail Square to the horizon line of Vail Mountain. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #10: A 2'/z" diameter aluminum monument, located 25 feet North West of the top step east of the Landmark building in the grass, near the bend in the sidewalk heading toward the North Day Lot, stamped View 10. 4. Backsight: A 2'/z" diameter aluminum monument which bears S10°14'26"E a distance of 171.51 feet. Located on the top of the west stair above the ice rink of the Arrabelle at Vail Square flush in pavers, stamped View 9. 5. Height Of Survey Instrument Above View Point #10: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008. 350°36'14" 79°31'45" A- Intersection of roof line of the 7th level and evergreen tree 353022'18" 79023'31" B- West edge of roof line of the 7th level 353°35'53" 80°22'46" C- Point along the sloping overhang roof line and a line projected from the top of the ball on the finial cap at the 7tn level 354°19'S4" 80°22'46" D- Line intersection projected from Viewpoint C and a line from the west edge of the finial cap on at the 7th level. 354°19'54" 81°11'30" E- Intersection of west edge of the finial cap and the covered outside terrace curved roof line at the 7"' level. 355°31'32" 81°39'33" F- Intersection of the covered outside terrace curved roof line and the air louver on the west side of the 7t'' level 355°58'38" 81°39'33" G- West outer edge of air louver on covered outside terrace curved roof line along the west wall of the 7th level 356°06'33" 85°03'26" H- Intersection of the 7th level west wall and the top of terrace railing at the 6th level 357'08'18" 85°15'26" I- West outer edge of the top terrace railing at the 6t'' level 6 Ordinance No. 23, Series of 2008, second reading 357°10'48" 85°53'17" J- West outer edge at the bottom of the decking for at the 6th level 356°05'50" 86°25'18" K- Intersection of the plaza area east wall and the bottom of the decking at the 6th level 356°04'55" 87°47'08" L- Intersection of the plaza area east wall and the sloped roof 356°25'23" 88°07'16" M- West outer edge of sloped roof 356°04'55" 88°23'50" N- Intersection of the plaza area east wall and the underside of the sloped roof 356°05'50" 89°15'05" O- Intersection of the plaza area east wall and the top of the pedestrian bridge 02°45'18" 89°14'43" P- Intersection of the pedestrian bridge and the eastern point of the dormer roof line for the 3rd level 02°45'18" 89°07'46" Q- Top eastern point of the dormer roof line of the 3`d level 03°35'07" 89°07'14" R- Intersection of the dormer roof line at the 3`d level and the stucco support column for the terrace for the 3`d level 03°35'07" 89°02'37" S- East corner of stucco support column for the 3rd level 03043'19" 89°01'45" T- Intersection of wood support post and the top base of stucco column for the 3rd level 03°43'19" 88°15'55" U- Underside of sloped roof overhang for the 3'd level roof overhang 03011'51" 88°01'36" V- East outer edge of sloped roof overhang for the 3~d level roof overhang 04006'01" 85°17'14" W- Top east edge of roof line for the 3rd level roof overhang 06°47'20" 85°22'54" X- An intersection point of a line projected along the roof line for the 3`d level and a line projecting down from the underside of the 5t'' level deck 06°47'20" 83°33'42" Y- Top east edge of the terrace railing at the 5t" level 07°35'22" 83°33'18" Z- Intersection of a line projecting along the top edge of the terrace railin~at the 51h level to a point on the concrete terrace patio at the 6 level 08°02'43" 78°52'04" A1- A line projected from the described point in Viewpoint W to the east outer edge of the roof line at the 6th level 09°32'54" 78°52'04" B1 - An Intersection point of a line projected along the 6t" level roof line and the copper gutter of the clock tower 09°57'53" 76°04'24" C1 - A line projected from the described point in Viewpoint Y to the eastern edge of the slopped roof line of the turret for the 6tn level ~ Ordinance No. 23, Series of 2008, second reading The following are permitted wittiin View Corridor #10: Drain pipes; snow cable clips; flower boxes; roof snow fences; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures perrnitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village 7hird Filing. Section 2. 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 ordiriance; 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 3. The Town Council hereby finds, determines and declares that this ordinance is necessary Und proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The arnendment 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 5. 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 21St, day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. p Z~ - Richard D. . Mayor - 27 tt . : orel i Donal scn, Town Clerk : SEAL ~ ~•brd' nce No. 23, Series of 2008, second reading c~CORP•~ INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL on the 18th day of November, 2008. - Richard D. evela d, own MaY r ATTE AA41A" O~N (aF Lorel i on Idson, T n C erk ~ r :SEAL: . , . . . . • o g Ordinance No. 23, Series of 2008, second reading