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HomeMy WebLinkAboutPEC080051Planning and Environmental Commisson਍ഀ ACTION FORM਍ഀ Department of Community Development਍ഀ rl Via 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ C^AV1JIJIYM'WE"MENT web: www.vailgov.com਍ഀ Project Name: Lionshead View Corridor Adop PEC Number: PEC080051਍ഀ Project Description:਍ഀ Participants:਍ഀ ADOPTION OF TWO NEW CORRIDORS AND AN AMENDMENT TO A THIRD਍ഀ OWNER VAIL CORP 09/03/2008਍ഀ PO BOX 7਍ഀ VAIL, CO਍ഀ 81658਍ഀ APPLICANT VAIL CORP 09/03/2008਍ഀ PO BOX 7਍ഀ VAIL਍ഀ CO 81658਍ഀ Project Address: 675 LIONSHEAD PL VAIL Location: 675 LIONSHEAD PLACE਍ഀ Legal Description: Lot: 2 Block: 1 Subdivision: VAIL LIONSHEAD FIL 3਍ഀ Parcel Number: 2101-063-0800-7਍ഀ Comments: See Conditions਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: KURZ Action: APPROVED਍ഀ Second By: TJOSSEM਍ഀ Vote: 3-0-1 (PIERCE RECUSED) Date of Approval: 10/13/2008਍ഀ Conditions:਍ഀ Cond: 8਍ഀ (PLAN): No changes to these plans may be made without the written consent of Town of਍ഀ Vail staff and/or the appropriate review committee(s).਍ഀ Planner: Warren Campbell PEC Fee Paid: $0.00਍ഀ Zoning Code Amendments਍ഀ Application for Review by the਍ഀ Planning and Environmental Commission਍ഀ A Department of Community Development਍ഀ TM VKV' 75 South Frontage Road, Vail, Colorado 81657਍ഀ te1:970.479.2128 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ General Information:਍ഀ All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a਍ഀ building permit application. Please refer to the submittal requirements for the particular approval that is requested.਍ഀ An application for Planning and Environmental Commission review cannot be accepted until all required information਍ഀ is received by the Community Development Department. The project may also need to be reviewed by the Town਍ഀ Council and/or the Design Review Board.਍ഀ Type of Application and Fee:਍ഀ ❑ Rezoning਍ഀ $1300਍ഀ ❑ Conditional Use Permit਍ഀ $650਍ഀ ❑ Major Subdivision਍ഀ $1500਍ഀ ❑ Floodplain Modification਍ഀ $400਍ഀ ❑ Minor Subdivision਍ഀ $650਍ഀ ❑ Minor Exterior Alteration਍ഀ $650਍ഀ ❑ Exemption Plat਍ഀ $650਍ഀ ❑ Major Exterior Alteration਍ഀ $800਍ഀ ❑ Minor Amendment to an SDD਍ഀ $1000਍ഀ ❑ Development Plan਍ഀ $1500਍ഀ ❑ New Special Development District਍ഀ ❑ Major Amendment to an SDD਍ഀ $6000਍ഀ $6000਍ഀ ❑ Amendment to a Development Plan਍ഀ Zoning Code Amendment਍ഀ $250਍ഀ 13਍ഀ ❑ Major Amendment to an SDD਍ഀ $1250਍ഀ ❑ Variance਍ഀ $500਍ഀ (no exterior modifications)਍ഀ ❑ Sign Variance਍ഀ $200਍ഀ Description of the Request: S਍ഀ e e- 4਍ഀ Ha c m e m f 4~1਍ഀ Location of the Proposal: Lot:਍ഀ / Block: Subdivision: Va ; I Sa u.a r -਍ഀ e-Physical Address: 675' 6 n S~਍ഀ e a c~ to a C e਍ഀ Parcel No.: o? 101 D 6, 3 .?tv਍ഀ OO 1਍ഀ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Zoning: L- ions h earl਍ഀ M;)(e਍ഀ d U -se 7-਍ഀ Name(s) of Owner(s):਍ഀ t-no lam/਍ഀ Mailing Address: p D. ~ q s9 u oh C 0 F/6' 0਍ഀ Phone: 75 - 2 G TY /਍ഀ Owner(s) Signature(s):$u• Yarl AcSoer5 Ueue1o0)"enTC6eYanj)਍ഀ Name of Applicant: Apra be/1 e a04 Va:1,S4_.are L L-i! ahd 7-t) 4J4਍ഀ Mailing Address: 006,0)( q 5g QUdh C~ g/ /v,2 0਍ഀ Phone:਍ഀ E-mail Address:਍ഀ 75- `r/ - ? 5 S਍ഀ rnaadiaf OtxLo too.vxDC਍ഀ F~ ~ L_- Il V I.~f਍ഀ SEP 2 2008਍ഀ TOWN OF VAIL਍ഀ For Office Use Only: vna 6.a.਍ഀ Fee Paid: fgr, ecdk o.• By:਍ഀ Meeting Date: PEC No.: G਍ഀ Planner: Project No.: J?A ' 0 2 3਍ഀ 11਍ഀ TOWN OF PAIL਍ഀ THIS ITEM MAY AFFECT YOUR PROPERTY਍ഀ PUBLIC NOTICE਍ഀ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the਍ഀ Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town਍ഀ Code, on October 13, 2008, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of:਍ഀ A request for a final recommendation pursuant to Section 12-22-4, Adoption of View਍ഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, 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. (PEC080051)਍ഀ Applicant: Town of Vail/Vail Resorts Inc.਍ഀ Planner: George Ruther/Gerry Arnold਍ഀ The applications and information about the proposals are available for public inspection਍ഀ during office hours at the Town of Vail Community Development Department, 75 South਍ഀ Frontage Road. The public is invited to attend project orientation and the site visits that਍ഀ precede the public hearing in the Town of Vail Community Development Department.਍ഀ Please call 970-479-2138 for additional information.਍ഀ Sign language interpretation is available upon request, with 24-hour notification. Please਍ഀ call 970-479-2356, Telephone for the Hearing Impaired, for information.਍ഀ Published September 26, 2008, in the Vail Daily.਍ഀ AI" on d5'os W.C.਍ഀ MEMORANDUM ORIGINAL਍ഀ TO: Town of Vail Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: October 13, 2008਍ഀ SUBJECT: A request for a final recommendation pursuant to Section 12-22-4,਍ഀ Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town਍ഀ Code, 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. A more specific legal description of the three view corridors is on਍ഀ file at the Town of Vail Community Development Department.਍ഀ (PEC080051)਍ഀ Applicants: Town of Vail and Vail Resorts, Inc., dba Arrabelle at Vail਍ഀ Square L.L.C.਍ഀ Planner: George Ruther਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ The applicants, the Town of Vail and Arrabelle at Vail Square L.L.C, are requesting a਍ഀ final recommendation pursuant to Section 12-22-4, Adoption of View Corridors and਍ഀ Section 12-22-5, Amendments, Vail Town Code, 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. The਍ഀ two new view corridors are identified as View Corridors #4 and #5, in the Lionshead਍ഀ Redevelopment Master Plan and the amended view corridor is identified as View਍ഀ Corridor #2 in the Master Plan.਍ഀ This request has been made in accordance with the original conditions of approval of the਍ഀ Arrabelle at Vail Square project. The original conditions of approval state,਍ഀ "That the Developer (Vail Resorts) submits an application for the establishment਍ഀ of View Corridors #4 and #5 as contemplated by the Lionshead Redevelopment਍ഀ Master Plan to the Town of Vail Community Development Department for review਍ഀ and approval by the Vail Town Council. "਍ഀ As documented in the Lionshead Redevelopment Master Plan,਍ഀ "As development and redevelopment occur in Lionshead, it will be vital to protect਍ഀ visual connections to the ski mountain. These visual relationships strengthen the਍ഀ identity of Lionshead as an alpine resort and provide a visual reference that helps਍ഀ Lionshead visitors to find their way through the core. Visual connections to the਍ഀ natural environment should be established utilizing the following techniques:਍ഀ View corridors਍ഀ North-South Orientation of Buildings਍ഀ Physical Connections"਍ഀ Photographic copies of the three view corridors have been attached for reference.਍ഀ (Attachments A-C)਍ഀ II. BACKGROUND਍ഀ 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. In਍ഀ order to qualify for protection under the Town's ordinance, a view corridor must meet the਍ഀ following criteria:਍ഀ 1. Is the view corridor critical to the identity, civic pride, and sense of਍ഀ place in Lionshead?਍ഀ 2. Is the view seen from a widely used, publicly accessible viewpoint?਍ഀ 3. Is the view threatened in that is there a possibility that development਍ഀ on nearby property would block the view?਍ഀ According to the Zoning Regulations, the purpose of Chapter 22, View Corridors, is:਍ഀ The Town 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 pedestrian public ways within਍ഀ the Town will foster civic pride and is in the public interest of the਍ഀ Town.਍ഀ B. It is desirable to designate, preserve and perpetuate certain views਍ഀ for the enjoyment and environmental enrichment for the residents਍ഀ and guests of the Town.਍ഀ C. The preservation of such views will strengthen and preserve the਍ഀ Town's unique environmental heritage and attributes.਍ഀ D. The preservation of such views will enhance the aesthetic and਍ഀ economic vitality and values of the Town.਍ഀ E. The preservation of such views is intended to promote design਍ഀ which is compatible with the surrounding natural and built਍ഀ environment, and is intended to provide for natural light to਍ഀ buildings and in public spaces in the vicinity of the view corridors.਍ഀ F. The preservation of such views will include certain focal points਍ഀ such as the Clock Tower and Rucksack Tower, which serve as਍ഀ prominent landmarks within Vail Village and contribute to the਍ഀ community's unique sense of place.਍ഀ The Lionshead Redevelopment Master Plan recommends five view corridors. However,਍ഀ the Master Plan recommends that only two legally protected view corridors were to be਍ഀ established immediately (View Corridors #1 and #2). The remaining three views were to਍ഀ be established as critical design parameters in the development review process, not as਍ഀ benchmarked and surveyed corridors. These other three view corridors are contingent਍ഀ upon future development, and parameters of these views are to be considered at the਍ഀ time of development.਍ഀ 2਍ഀ On August 6, 2002, the Vail Town Council adopted Ordinance No. 16, Series of 2002, an਍ഀ ordinance establishing View Corridors #7 and #8. In establishing View Corridor # 8, it਍ഀ was acknowledged that the west side of the established view corridor would need to be਍ഀ amended at a future date upon the completion of the Vail Associates core site਍ഀ development.਍ഀ 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.਍ഀ ROLES OF THE REVIEWING BOARDS਍ഀ Planning and Environmental Commission:਍ഀ Action: The PEC is advisory to the Town Council.਍ഀ The PEC shall review the proposed view corridor and make a recommendation to਍ഀ the Town Council on the compatibility of the proposed view corridor with the਍ഀ goals and policies of the Vail Land Use Plan, Town policies, and urban design਍ഀ guide plans and other adopted master plans.਍ഀ Design Review Board:਍ഀ Action: The DRB has NO review authority on view corridor adoption.਍ഀ Staff:਍ഀ The staff is responsible for ensuring that all submittal requirements are provided.਍ഀ Staff provides analyses and recommendations to the PEC and Town Council on view਍ഀ corridor adoption.਍ഀ Town Council:਍ഀ Action: The Town Council is responsible for final approval/denial on view corridor਍ഀ adoption.਍ഀ The Town Council shall review and approve the proposal based on the਍ഀ compatibility of the proposed view corridors for consistency with the goals and਍ഀ policies of the Vail Land Use Plan, Town policies, and urban design guide plans਍ഀ and other adopted master plans.਍ഀ IV.਍ഀ REVIEW CRITERIA FOR VIEW CORRIDORS਍ഀ A. Amended View Point #8਍ഀ "Section 4.4.1.2 from the Lionshead Redevelopment Master Plan:਍ഀ 4.4.1.2 View Corridor Two਍ഀ This view corridor is seen from the pedestrian plaza at the east end of the਍ഀ Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills਍ഀ the following criteria:਍ഀ 3਍ഀ a. It fosters civic pride and central to the identity of Lionshead਍ഀ b. It is taken from a commonly used, publicly accessible view point.਍ഀ The mountain view from this point is currently very broad, crossing much of the਍ഀ Vail Associates core site. As part of the redevelopment of the Vail Associates਍ഀ core site this view should become narrower and more focused on the new਍ഀ gondola terminal. Given the current lack of a defining architectural edge, the਍ഀ dimensions of this corridor should roughly correspond to the suggested view਍ഀ boundaries outlined in [the Lionshead Redevelopment Master Plan]."਍ഀ The following criteria must be met for the Planning and Environmental Commission to਍ഀ recommend approval of an amendment to Lionshead View Corridor #2:਍ഀ 1. That the proposed view corridor protects and perpetuates 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.਍ഀ Staff believes that the amended view corridor protects and perpetuates a਍ഀ primary view from this very important public area. Many visitors and਍ഀ residents cross through the pedestrian plaza at the east end of the਍ഀ Lifthouse Lodge and are offered a view to the mountain and gondola lift਍ഀ line from this area. This proposed view corridor protects the view up the਍ഀ gondola lift line. According to the Lionshead Redevelopment Master਍ഀ Plan, this view:਍ഀ a. Fosters civic pride and is central to the identity of Lionshead.਍ഀ b. Is taken from a commonly used, publicly accessible viewpoint.਍ഀ This area is the primary point of entry for pedestrian traffic਍ഀ from the parking structure and is also the primary Lionshead਍ഀ transit stop.਍ഀ 2. That the proposed view corridor protects and enhances the Town's਍ഀ attraction to residents, guests and property owners.਍ഀ As stated above, this proposed view corridor is from a primary point of਍ഀ entry for many of our Lionshead guests and residents. It protects a view਍ഀ of Vail Mountain up the gondola lift line. To that end, it helps our਍ഀ residents and guests orient themselves within the Lionshead area.਍ഀ 3. That the proposed view corridor protects a view which is commonly਍ഀ recognized and has inherent qualities which make it more valuable਍ഀ to the Town than other more common views.਍ഀ According to the Lionshead Redevelopment Master Plan, this view਍ഀ corridor is potentially threatened by redevelopment in the foreground of਍ഀ the view. As a primary pedestrian portal to Lionshead, it is more valuable਍ഀ to the Town than other common views. This view corridor preserves the਍ഀ view up the gondola lift line, an important visual reference for Vail visitors.਍ഀ 4਍ഀ B. New Lionshead View Point #9਍ഀ "From Section 4.4.2 of the Lionshead Redevelopment Master Plan "Public View਍ഀ Corridors where Redevelopment of the Viewpoint or the Foreground is Likely".਍ഀ 4.4.2.3 View Corridor Five਍ഀ The intent of this view is to provide both a visual and physical pedestrian਍ഀ connection through the Vail Associates core site to the ski yard. As seen਍ഀ from the main Lionshead plaza, this view will be framed by the਍ഀ architecture of the retail environment, not a panorama of the ski਍ഀ mountain. "਍ഀ The following criteria must be met for the Planning and Environmental Commission to਍ഀ recommend approval of Lionshead View Corridor #5:਍ഀ 1. That the proposed view corridor protects and perpetuates 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.਍ഀ Staff believes that the proposed view corridor protects and perpetuates a਍ഀ primary view from an important public area. This is a primary public plaza਍ഀ and popular public space. The view point is located at the top of the new਍ഀ Arrabelle at Vail Square stairs located on the north end of the ice rink and਍ഀ plaza. According to the Lionshead Redevelopment Master Plan, this਍ഀ view:਍ഀ a. Fosters civic pride and is central to the identity of Lionshead.਍ഀ b. Is taken from a commonly used, publicly accessible viewpoint.਍ഀ e. The preservation of such views is intended to promote design਍ഀ which is compatible with the surrounding natural and built਍ഀ environment, and is intended to provide for natural light to਍ഀ buildings and in public spaces in the vicinity of the view਍ഀ corridors.਍ഀ 2. That the proposed view corridor protects and enhances the Town's਍ഀ attraction to residents, guests and property owners.਍ഀ As stated above, this view is from a primary public plaza. According to਍ഀ the Lionshead Redevelopment Master Plan, this plaza area is identified਍ഀ as the resort retail and commercial hub of Lionshead. The Lionshead਍ഀ Redevelopment Master Plan recommends improvements to this plaza਍ഀ area and encourages more pedestrian connections, both east/west and਍ഀ north/south through Lionshead.਍ഀ 3. That the proposed view corridor protects a view which is commonly਍ഀ recognized and has inherent qualities which make them more਍ഀ valuable to the Town than other more common views.਍ഀ According to the Lionshead Redevelopment Master Plan, this view਍ഀ corridor is potentially threatened by redevelopment in the foreground of਍ഀ 5਍ഀ the view, specifically, the Vail Associates core site. In addition, as a਍ഀ primary pedestrian plaza, this view is more valuable than other views.਍ഀ This view corridor preserves the view of the gondola lift line, an important਍ഀ visual reference to guests.਍ഀ C.਍ഀ New Lionshead View Point #10਍ഀ "From Section 4.4.2 of the Lionshead Redevelopment Master Plan "Public View਍ഀ Corridors where Redevelopment of the Viewpoint or the Foreground is Likely"਍ഀ 4.4.2.2 View Corridor Four਍ഀ This view, seen from the southeast corner of the north day lot, looks਍ഀ south over the Vail Associates core site toward the ski slope. In਍ഀ designating this view, the intent is to ensure that future development on਍ഀ the Vail Associates core site retains an upper-level visual connection to਍ഀ the mountain and the gondola lift line..."਍ഀ The following criteria must be met for the Planning and Environmental਍ഀ Commission to recommend approval of Lionshead View Corridor #4:਍ഀ 1. That the proposed view corridor protects and perpetuates 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.਍ഀ Staff believes that the proposed view corridor protects and perpetuates a਍ഀ primary view from an important public area (e.g. North Day Lot skier drop਍ഀ off). This is a primary public plaza and popular public space. According to਍ഀ the Lionshead Redevelopment Master Plan, this view:਍ഀ c. Fosters civic pride and is central to the identity of Lionshead.਍ഀ d. Is taken from a commonly used, publicly accessible viewpoint.਍ഀ 2. That the proposed view corridor protects and enhances the Town's਍ഀ attraction to residents, guests and property owners.਍ഀ As stated above, this is a primary public plaza. According to the਍ഀ Lionshead Redevelopment Master Plan, this plaza area is identified as਍ഀ the resort retail and commercial hub of Lionshead. The Lionshead਍ഀ Redevelopment Master Plan recommends improvements to this plaza਍ഀ area and encourages more pedestrian connections through Lionshead਍ഀ from the north.਍ഀ 3. That the proposed view corridor protects a view which is commonly਍ഀ recognized and has inherent qualities which make them more਍ഀ valuable to the Town than other more common views.਍ഀ According to the Lionshead Redevelopment Master Plan, this view਍ഀ corridor is potentially threatened by redevelopment in the foreground of਍ഀ the view, specifically, the Vail Associates core site. In addition, as a਍ഀ primary pedestrian plaza, this view is more valuable than other views.਍ഀ 6਍ഀ This view corridor preserves the view of the gondola lift line and a more਍ഀ expansive view of Vail Mountain, an important visual reference to guests.਍ഀ V. STAFF RECOMMENDATION਍ഀ As it is the Planning and Environmental Commission's role to make a recommendation਍ഀ to the Town Council for adoption of a new View Corridor, staff recommends that the਍ഀ Planning and Environmental Commission recommends approval of one amended and਍ഀ two new Lionshead View Corridors. Staff's recommendation for approval is based on਍ഀ the review of the criteria in Section IV of this memorandum and the evidence and਍ഀ testimony presented on this application. Specifically, staff's recommendation is based਍ഀ upon the following findings:਍ഀ a. That the proposed and amended view corridors protect and perpetuate਍ഀ 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 and amended view corridors protect and enhance the਍ഀ Town's attraction to residents, guests and property owners.਍ഀ c. That the proposed and amended view corridors protect views which are਍ഀ commonly recognized and have inherent qualities which make them more਍ഀ valuable to the Town than other more common views.਍ഀ d. That the proposed and amended view corridors are consistent with the਍ഀ Lionshead Redevelopment Master Plan and Title 12, Zoning, of the Town਍ഀ Code, and furthers a legitimate Town interest.਍ഀ 7਍ഀ M਍ഀ y ~ I I hr( 1~ ~਍ഀ i਍ഀ r਍ഀ •~..!1J-j਍ഀ 1~1 .71਍ഀ L "A਍ഀ 14਍ഀ w ll਍ഀ Amended View Point #8਍ഀ 8਍ഀ New View Point #9਍ഀ .਍ഀ New View Point #10਍ഀ 10਍ഀ MEMORANDUM਍ഀ TO: Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: November 18, 2008਍ഀ kv?04਍ഀ Av?7਍ഀ SUBJECT: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending਍ഀ Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4,਍ഀ Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to਍ഀ adopt two new view corridors and amend one existing view corridor in Lionshead,਍ഀ and setting forth details in regard thereto.਍ഀ Applicants: Town of Vail and Vail Resorts, Inc., dba Arrabelle at Vail Square਍ഀ L.L.C.਍ഀ Planner: George Ruther਍ഀ 1. SUMMARY਍ഀ The applicants, the Town of Vail and Arrabelle at Vail Square L.L.C, are requesting a਍ഀ second reading of Ordinance No. 23, Series of 2008, to amend Chapter 12-22, View਍ഀ Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and਍ഀ Section 12-22-5, Amendments, Vail Town Code, 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. The two new view਍ഀ corridors are identified as View Corridors #4 and #5, in the Lionshead Redevelopment਍ഀ Master Plan and the amended view corridor is identified as View Corridor #2 in the Master਍ഀ Plan. A copy of the proposed Ordinance No. 23, series of 2008, is attached for reference਍ഀ (Attachment A).਍ഀ II. BACKGROUND਍ഀ 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. Staff has attached਍ഀ the memorandum to the Planning and Environmental Commission dated October 23,਍ഀ 2008, which contains a complete description of the request, background, and the review਍ഀ criteria for this request (Attachment B).਍ഀ 6-t਍ഀ On October 21, 2008, the Town Council iwaiteasfy approved the first reading of਍ഀ Ordinance No. 23, Series of 2008.਍ഀ III. ACTION REQUESTED OF COUNCIL਍ഀ The Town Council can vote to approve, approve with modifications, or deny Ordinance No.਍ഀ 23, Series of 2008, on second reading.਍ഀ IV. STAFF RECOMMENDATION਍ഀ x- .਍ഀ The Communrty., f,)evelopment Department recommends that the Vail Town Council਍ഀ ' • appbves Ordinance' No. 23, Series of 2008, on second reading. With the following਍ഀ findings:਍ഀ a. "That the proposed and amended view corridors protect and perpetuate 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 and amended view corridors protect and enhance the Town's਍ഀ attraction to residents, guests and property owners.਍ഀ c. That the proposed and amended view corridors protect views which are commonly਍ഀ recognized and have inherent qualities which make them more valuable to the਍ഀ Town than other more common views.਍ഀ d. That the proposed and amended view corridors are consistent with the Lionshead਍ഀ Redevelopment Master Plan and Title 12, Zoning, of the Town Code, and furthers਍ഀ a legitimate Town interest."਍ഀ V. ATTACHMENTS਍ഀ A. Ordinance 23, Series of 2008਍ഀ ORDINANCE NO. 23਍ഀ SERIES 2008਍ഀ AN ORDINANCE AMENDING CHAPTER 12-22, VIEW COORIDORS, 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 Development 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 str+1ethreugh, 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 diameter aluminum monument, flush in brick਍ഀ pavers, stamped View 8.਍ഀ 4. Backsight: A 2 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.਍ഀ 266°52'31" 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 1st 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਍ഀ 280°52'19" 87°46'16" Square.਍ഀ I - Underside of sloped roof of the terrace on the 1st level on the਍ഀ 280°42'31" 87°24'36" east side of Arrabelle at Vail Square.਍ഀ J - Top edge of overhang/beginning of sloped roof of the਍ഀ terrace at the 1st 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.਍ഀ 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 mail 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'/2" 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 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 level਍ഀ 68°19'45"਍ഀ 86°54'20"਍ഀ E - Intersection of east wall and underside of terrace of the 3rd਍ഀ 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"਍ഀ 1 - 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 2nd level਍ഀ 74°14'07"਍ഀ 89°32'05"਍ഀ L - Intersection of the great room terrace wall at the 2nd 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 2nd level਍ഀ 74°09'55" 87°56'16" N - Underside of sloped roof overhang at the 2nd level਍ഀ 73°52'09" 87°36'45" O- Top side of sloped roof overhang for the 2nd level਍ഀ 74°36'25" 86°58'15" P - Intersection of sloped roof for the 2nd 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 2nd level਍ഀ 78°20'42" 85°21'48" T - Intersection of sloped roof and dormer overhang at the 3rd 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'/2" 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਍ഀ 353°22'18" 79°23'31" B - West edge of roof line of the Ph 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 7th਍ഀ level਍ഀ 354°19'54" 80°22'46"਍ഀ 354°19'54" 81°11'30"਍ഀ D - Line intersection projected from Viewpoint C and a line਍ഀ from the west edge of the finial cap on at the 7th level.਍ഀ E - Intersection of west edge of the finial cap and the covered਍ഀ outside terrace curved roof line at the 7th 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 7th 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" 1 -West outer edge of the top terrace railing at the 6th 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 3rd level਍ഀ 03°35'07" 89°07'14" R - Intersection of the dormer roof line at the 3rd level and the਍ഀ stucco support column for the terrace for the 3rd level਍ഀ 03°35'07" 89°02'37" S - East corner of stucco support column for the 3rd level਍ഀ 03°43'19" 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 3rd level roof਍ഀ overhang਍ഀ 03°11'51" 88°01'36" V - East outer edge of sloped roof overhang for the 3rd level਍ഀ roof overhang਍ഀ 04°06'01" 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 3rd level and a line projecting down from the underside਍ഀ of the 5th level deck਍ഀ 06°47'20" 83°33'42" Y - Top east edge of the terrace railing at the 5th level਍ഀ 07°35'22" 83°33'18" Z - Intersection of a line projecting along the top edge of the਍ഀ terrace railing at the 5th level to a point on the concrete terrace਍ഀ patio at the 6th level਍ഀ 08°02'43" 78°52'04" Al- 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" 131 - An Intersection point of a line projected along the 6th 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 6th਍ഀ level਍ഀ 7 Ordinance No. 23, Series of 2008, second reading਍ഀ The following are permitted within 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 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.਍ഀ 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 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 3. 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 4. 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 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.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 8 Ordinance No. 23, Series of 2008, second reading਍ഀ