HomeMy WebLinkAboutCrossroads reinvestment plan and urban renewal authority establishmentCrossroads
Reinvestment
I t
PI n AnL
co Urban
Renewal
Authority
E stablishment
A
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: . December 19, 2006
SUBJECT: A request to approve Resolution No. 24, Series of 2006 to adopt the
Crossroads Reinvestment Plan. The urban renewal area within the
Crossroads Reinvestment Plan located at 143 Meadow Drive /Lot P, Block
5D, Vail Village Filing 1
Applicant: Vail Reinvestment Authority
Planner: Malcolm Murray & Russell Forrest
I. ACTION REQUESTED OF COUNCIL
The Vail Reinvestment Authority is requesting that the Vail Town Council
approve the Crossroads Reinvestment Plan (Attachment A in the PEC memo
Dated December 11, 2006)."
The purpose of this plan is to facilitate the redevelopment of the Crossroads
project by removing or curing covenants that may impede redevelopment. Staff
is recommending approval of the Crossroads Reinvestment Plan.
II. BACKGROUND
On December 11, the Town of Vail Planning and Environmental Commission
voted 7 -0 to recommend to the Vail Town Council that the Crossroads
Reinvestment Plan is consistent with the Vail Comprehensive Plan. The details
of this request along with the Crossroads Reinvestment Plan and the Vail
Crossroads Reinvestment Study (blight study) are included in the Planning and
Environmental Commission dated December 11' which is attached.
III. FINDINGS
If the Town Council chooses to adopt Resolution No. 24, Series of 2006, the
Town Council is requested to make the following findings based on C.R.S. §31-
25 -107:
• Blight, as defined by C.R.S. §31 -25- 103(2), is present in the
Crossroad Reinvestment Plan area as documented by the Val
Crossroad Reinvestment Study prepared by Matrix Design Inc. and
based on evidence presented at the public hearing and as referenced
in the Crossroads Reinvestment Plan.
• The Crossroads Urban Renewal Area is a blighted area and is
appropriate for an urban renewal project pursuant to Part 1 of Article
25 of Title 31, C.R.S.
• The boundaries of the Crossroads Urban Renewal Area as identified
in Figure 1 of the Crossroads Reinvestment Plan have been drawn as
narrowly as feasible to accomplish the planning and development
objectives for the Crossroads Urban Renewal Area.
• The Crossroads Reinvestment Plan conforms to the Vail
Comprehensive Plan, which is the general plan for the development of
the Town of Vail
• There exist feasible methods for the relocation of individuals and
families and business concerns in accommodations or areas suitable
for their relocation and meeting the required standards under C.R.S.
§31 -25 -107 (4)(a) and (b) .
• Crossroads Reinvestment Plan will afford maximum opportunity,
consistent with the sound needs of the Town of Vail as a whole, for
the rehabilitation or redevelopment of the Crossroads Urban Renewal
Area consistent with the Vail Comprehensive Plan.
• The acquisition, clearance, rehabilitation, conservation, development
or redevelopment of a combination thereof of the Crossroads Urban
Renewal Area pursuant to the Crossroads Reinvestment Plan is
necessary in the best interests of the public health, safety, morals,
and welfare of the citizens of the Town of Vail
• The Town of Vail has published the notice of the time, place, and
purpose of the public hearing to consider the adoption of the
Crossroads Reinvestment Plan in the Vail Daily in conformance with
C.R.S. §31 -25- 107(3).
• Town of Vail has provided written notice of the public hearing to
consider the adoption of the Crossroads Reinvestment Plan to
property owners, residents, and business owners within the proposed
Crossroads Urban Renewal Area at their last known addresses in
conformance with C.R.S. §31- 25- 107(4)(c).
111. ATTACHMENTS
A. Resolution 24
B. PEC Memo
RESOLUTION NO. NO. 24
Series of 2006
A RESOLUTION FOR APPROVING THE CROSSROADS REINVESTMENT PLAN AND
FINDING THAT THE CROSSROADS URBAN RENEWAL AREA IS A BLIGHTED AREA,
DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT
PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION,
CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT
OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF
THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE
TOWN OF VAIL.
WHEREAS, an urban renewal plan for the Crossroads Area has been submitted to the
Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title
31, C.R.S.; and
WHEREAS, the Crossroads Area which is subject to the Crossroads Reinvestment Plan
is described in Figure 1 of the Crossroads Reinvestment Plan; and
WHEREAS, the Town Council of the Town of Vail adopted the Vail Village Master Plan
which is a component of the Vail Comprehensive Plan, and
WHEREAS, the Crossroads Reinvestment Plan has previously been submitted to the
Town of Vail Planning and Environmental Commission for its review and recommendations as
to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31 -25- 107(2); and
WHEREAS, the Town of Vail Planning and Environmental Commission has determined
that the Crossroads Reinvestment Plan does conform to the Vail Comprehensive Plan; and
WHEREAS, no property in the Crossroads Urban Renewal Area has been included in an
urban renewal plan previously submitted to the Town Council of the Town of Vail; and
WHEREAS, the Town Clerk of the Town of Vail has published the notice of the time,
place, and purpose of the public hearing to consider the adoption of the Crossroads
Reinvestment Plan in the Vail Daily in conformance with C.R.S. §31 -25- 107(3); and
WHEREAS, the Town Council of the Town of Vail has provided written notice of the
public hearing to consider the adoption of the Crossroads Reinvestment Plan to property
owners, residents, and business owners within the proposed Crossroads Urban Renewal Area
at their last known addresses in conformance with C.R.S. §31- 25- 107(4)(c); and
WHEREAS, the Eagle County Commissioners have received notification of and copies
of the Crossroads Reinvestment Plan as well as such additional information as is required by
C.R.S. §31 -25- 107(3.5); and
WHEREAS, no more than one hundred twenty days have passed since the
commencement of the first public hearing of the urban renewal plan.
WHEREAS, the Town Council of the Town of Vail has considered the Crossroads
Reinvestment Study prepared by Matrix Design Group; and
WHEREAS the Vail Town Council believes that any condemnation by the Vail
Reinvestment Authority should be undertaken with the concurrence of the owner of any fee
interest to be condemned; and
WHEREAS, Town Council of the Town of Vail has conducted a public hearing and
considered the public testimony received.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL THAT:
1. Blight, as defined by C.R.S. §31 -25- 103(2), is present in the Crossroads Urban
Renewal Area as documented by the Crossroads Reinvestment Study prepared by Matrix
Design Group and based on evidence presented at the public hearing and as reflected in the
Crossroads Reinvestment Plan. The following blight factors are present in the Crossroads
Urban Renewal Area: slum or deteriorated structures, unsanitary and unsafe conditions,
unusual topography or inadequate public improvements or utilities, defective or unusual
conditions of title rendering the title unmarketable, and buildings that are unsafe or unhealthy for
people to work or live in.
rw 2. Pursuant to C.R.S. § 31- 25- 1- 3(2)(1), the owners of all property within the Crossroads
Reinvestment Area have advised the Town Council that they do not object to the designation of
blight for the Plan Area based the presence of one blight condition.
3. The Crossroads Urban Renewal Area as shown in Figure 1 of the Crossroads
Reinvestment Plan is a blighted area and is appropriate for an urban renewal project pursuant
to Part 1 of Article 25 of Title 31, C.R.S.
4. The boundaries of the Crossroads Urban Renewal Area have been drawn as narrowly
as feasible to accomplish the planning and development objectives for the Crossroads Urban
Renewal Area.
5. The Crossroads Reinvestment Plan conforms to the Vail Comprehensive Plan, which
is the general plan for the development of the Town of Vail.
6. There exist feasible methods for the relocation of individuals and families and
business concerns in accommodations or areas suitable for their relocation and meeting the
required standards under C.R.S., § 31 -25 -107 (4)(a) and (b).
7. The Crossroads Reinvestment Plan will afford maximum opportunity, consistent with
the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the
Crossroads Reinvestment Plan consistent with the Comprehensive Plan by private enterprise.
8. The acquisition, clearance, rehabilitation, conservation, development or
redevelopment or a combination thereof of the Crossroads Urban Renewal Area pursuant to the
Crossroads Reinvestment Plan is necessary in the best interests of the public health, safety,
morals, and welfare of the citizens of the Town of Vail
MUR \58179 \435461.01 2
9. The Crossroads Reinvestment Plan is hereby approved.
INTRODUCED, READ, APPROVED AND ADOPTED this 19 day of December, 2006.
Rodney Slifer, Mayor, Town of Vail
ATTEST:
Lorelei Donaldson, Town Clerk, Town of Vail
Ll
MUR \58179 \435461.01 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 11, 2006
SUBJECT: A request for a recommendation to the Vail Town Council that the Crossroads
Reinvestment Plan is consistent with the Vail Comprehensive Plan. The urban
renewal area within the Crossroads Reinvestment Plan located at 143 Meadow
Drive /Lot P, Block 5D, Vail Village Filing 1
Applicant: Vail Reinvestment Authority
Planner: Russell Forrest
I. SUMMARY
The Vail Reinvestment Authority is requesting that the Planning and Environmental
Commission find that the Crossroads Reinvestment Plan (Attachment A) is consistent
with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the
redevelopment of the Crossroads project by removing or curing covenants that may
impede redevelopment. Staff is recommending that the Planning and Environmental
Commission find that the Crossroads Reinvestment Plan is consistent with the Vail
Comprehensive Plan.
II. DESCRIPTION OF THE REQUEST
The applicant, the Vail Reinvestment Authority, is requesting that the Planning and
Environmental Commission make a recommendation to the Vail Town Council that the
Crossroads Reinvestment Plan is consistent with the Town of Vail's Comprehensive
Plan. This Crossroads Reinvestment Plan ( "Plan ") has been prepared by the Vail
Reinvestment Authority ( "VRA ") for adoption by the Vail Town Council of the Town of
Vail pursuant to the provisions of the Urban Renewal Law of the State of Colorado,
Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to
satisfy the requirements of § 31 -25 -107, C.R.S., that an urban renewal plan be adopted
by the governing body of the municipality before an urban renewal authority undertakes
an urban renewal project.
III. BACKGROUND
The Crossroads Project includes the construction of 69 condominium units, a 338 space
parking facility, and retail facilities. The Crossroads Project includes substantial public
amenities including a public plaza and skating rink, a three screen movie theatre, a ten
lane bowling alley, additional parking spaces beyond those needed for the Project, and
substantial public art, along with other features of benefit to the Town. Certain obsolete
restrictive covenants cloud the title to the Crossroads property and prevent financing of
the redevelopment as proposed. It is necessary to remove these obsolete restrictive
co, covenants in order for the redevelopment to proceed. This Crossroads Reinvestment
Plan ( "Plan ") has been prepared by the Vail Reinvestment Authority ( "VRA ") for adoption
by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal
Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. The
approval of this plan would allow an Urban Renewal Authority District to be created and
facilitate the removal of the obsolete restrictive covenants
To create an Urban Renewal Authority district certain conditions of "blight" must be
found in the area. The blight definition in the Urban Renewal Law defines conditions that
can impair the sound growth and development of a municipality. A blight study was
prepared in October of 2006 by Matrix Design group entitled "Vail Cross Roads
Reinvestment Study (See Attachment B). There are 11 categories of blight as defined
by State Law. Seven blight factors were found at Cross Roads including:
• Slum,
• deteriorated, or deteriorating structures
• Unsanitary or unsafe conditions
• Deterioration of site or other improvements
• Unusual topography or inadequate public improvements or utilities
• Defective or unusual conditions of title rendering the title non - marketable;
• The existence of conditions that endanger life or property by fire or other causes
• Buildings that are unsafe or unhealthy for persons to live or work in
IV. ROLES OF THE REVIEWING BOARDS
The Planning and Environmental Commission is required by state statute to make a
recommendation to the Vail Town Council on whether the Crossroads Reinvestment
Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the final
decision making authority and will be asked to consider the approval of a resolution to
adopt the plan.
V. APPLICABLE PLANNING DOCUMENTS
The following are applicable components of the of the Town of Vail Comprehensive Plan
which relate to Cross Roads proposals and were used in the evaluation of the Cross
Roads Special Development District.
A. Vail Land Use Plan
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies
are relevant to the review of this proposal:
1.0 General Growth /Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanent
resident.
1.2 The quality of the environment including air, water and other
natural resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the Town
leaders should work together closely to make existing facilities
and the Town function more efficiently.
2.3 The ski area owner, the business community and the Town
leaders should work together to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more
efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core / Lionshead
4.1 Future commercial development should continue to occur
primarily in existing commercial areas. Future commercial
development in the Core areas needs to be carefully controlled to
facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
3
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
According to the Official Town of Vail Land Use Plan map, the applicant's
proposed redevelopment site is located with the "Vail Village Master Plan" land
use category. Pursuant to the Plan, the "Vail Village Master Plan" land use
category description,
Staff believes that the application complies with the goals and objectives
identified above.
B. Vail Village Master Plan
Staff believes that the following stated goals of the Vail Village Master Plan are
applicable to this application:
Goal #2: To foster a strong tourist industry and promote year - around
economic health and viability for the Village and for the community as a
whole.
Objective 2.4: Encourage the development of a variety of new
commercial activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with
established horizontal zoning regulations shall be
encouraged to provide activity generators, accessible
greenspaces, public plazas, and streetscape
improvements to the pedestrian network throughout the
Village.
Policy 2.4.2: Activity that provides night life and evening
entertainment for both the guest and the community shall
be encouraged.
E
Objective 2.5: Encourage the continued upgrading, renovation
and maintenance of existing lodging and commercial facilities to
better serve the needs of our guests.
Policy 2.5.1: Recreation amenities, common areas,
meeting facilities and other amenities shall be preserved
and enhanced as a part of any redevelopment of lodging
properties.
Policy 2.5.2: The Town will use the maximum flexibility
possible in the interpretation of building and fire codes in
order to facilitate building renovations without
compromising life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing
units through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as
part of any new or redeveloped project requesting density
over that allowed by existing zoning.
Policy 2.6.2: Employee housing shall be developed with
appropriate restrictions so as to insure their availability and
affordability to the local work force.
Policy 2.6.3: The Town of Vail may facilitate in the
development of affordable housing by providing limited
assistance.
Goal #3: To recognize as a top priority the enhancement of the walking
experience throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall
incorporate streetscape improvements (such as paver
treatments, landscaping, lighting and seating areas), along
adjacent pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate
locations throughout Town.
Policy 3.1.3: Flowers, trees, water features, and other
landscaping shall be encouraged throughout the Town in
locations adjacent to, or visible from, public areas.
Goal #4: To preserve existing open space areas and expand greenspace
opportunities.
Objective 4.1: Improve existing open space areas and create new
plazas with greenspaces and pocket parks. Recognize the
different roles of each type pf open space in forming the overall
fabric of the Village.
Policy 4.1.1: Active recreation facilities shall be preserved
(or relocated to accessible locations elsewhere in the
Village) in any development or redevelopment of property
in Vail Village.
Policy 4.1.2: The development of new public plazas, and
improvement to existing plazas (public art, streetscape
features, seating areas, etc.), shall be strongly encouraged
to reinforce their roles as attractive people places.
Policy 4.1.3: With the exception of ski base - related
facilities, existing natural open space areas at the base of
Vail Mountain and throughout Vail Village shall be
preserved as open space.
Policy 4.1.4: Open space improvements including the
addition of accessible greenspace as described or
graphically shown in the Vail Village Master Plan and /or
Urban Design Guide Plan, will be required in conjunction
with private infill or redevelopment projects.
Goal #5: Increase and improve the capacity, efficiency, and aesthetics of
the transportation and circulation system throughout the Village.
Objective 5.1: Meet parking demands with public and private
parking facilities.
Policy 5.1.1: For new development that is located outside
the Commercial Core I Zone District, on -site parking shall
be provided (rather than paying into the parking fund) to
meet any additional parking demand as required by the
zoning code.
Policy 5.1.2: The expansion of the Vail Village parking
structure shall maximize the number of additional parking
spaces available for public parking.
Policy 5.1.3: Seek locations for additional structured public
and private parking.
Policy 5.1.4: Continue to promote the lease parking
program as a means for maximizing the utilization of
private parking spaces.
Policy 5.1.5: Redevelopment projects shall be strongly
encouraged to provide underground or visually concealed
parking.
Objective 5.3: Concentrate the majority of interconnecting transit
activity at the periphery of the Village to minimize vehicular traffic
in pedestrianized areas.
Policy 5.3.1: The Vail Transportation Center shall be the
primary pick up and drop off point for public transit and
private shuttle vans and taxis.
Objective 5.4: Improve the streetscape of circulation corridors
throughout the Village.
Policy 5.4.1: The Town shall work with the Colorado
Division of Highways toward the implementation of a
landscaped boulevard and parkway along the South
Frontage Road.
Policy 5.4.2: Medians and right -of -ways shall be
landscaped.
Goal #6: To ensure the continued improvement of the vital operational
elements of the Village.
Objective 6.1: Provide service and delivery facilities for existing
and new development.
Objective 6.2: Provide for the safe and efficient functions of fire,
police and public utilities within the context of an aesthetically
pleasing resort setting.
Policy 6.2.1: Development projects and other
improvements in Vail Village shall be reviewed by
respective Town Departments to identify both the impacts
of the proposal and potential mitigating measures.
Policy 6.2.2. Minor improvements (landscaping, decorative
paving, open dining decks, etc.), may be permitted on
Town of Vail land or right -of -way (with review and approval
by the Town Council and Planning and Environmental
Commission when applicable) provided . that Town
operations such as snow removal, street maintenance and
fire department access and operation are able to be
maintained at current levels. Special design (i.e. heated
pavement), maintenance fees, or other considerations may
be required to offset impacts on Town services.
The Town Council on March 21, 2006 approved Ordinance 5, Series of
2006 with a finding that the proposed project was consistent with the
above mentioned plans which are components of the Vail Comprehensive
Plan.
VI. FINDING /CRITERIA FOR REVIEWING THE PLAN
Based on § 31 -25 -107, C.R:S the Planning and Environmental Commission shall
determine whether the Cross Roads Reinvestment Plan is in conformity to the Town of
Vail's Comprehensive Plan. The Vail Land Use Plan and the Vail Village Master Plans
are components of the Town of Vail Comprehensive Plan. As mentioned above, the
proposal was found to be consistent with both the Vail Land Use Plan and the Vail
Village Master Plan and is therefore consistent with the Vail Comprehensive Plan. The
adoption of the Cross Roads Reinvestment Plan will, if approved, remove impediments
in the form of restrictive covenants to the development of the Cross Roads project.
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission find that the Crossroads Reinvestment Plan is consistent
with the Town of Vail's Comprehensive Plan. Staffs recommendation is based upon the
review of the proposal as outlined in Section V and VI of this memorandum and the
testimony and evidence presented. Should the Planning and Environmental
Commission choose to make this finding, staff recommends that the following findings
be made:
ON "That upon review of the proposed, the Planning and Environmental Commission
finds that the Cross Roads Reinvestment Plan, as proposed, is in conformity with
the Town of Vail's comprehensive plan as stated in section V of this
memorandum. The Commission's determination of findings is based upon
review of the criteria and the testimony and evidence presented on this
application. "
Attachments:
A. Cross Roads Reinvestment Plan
B. Vail Cross Roads Reinvestment Study (Reference Only)
Attachment A:
CROSSROADS REINVESTMENT PLAN
VAIL REINVESTMENT AUTHORITY
December 2006
TABLE OF CONTENTS
I. INTRODUCTION ..................................................................................... ..............................1
1.1 Preface ............................................................................................... ..............................1
1.2 Background ....................................................................................... ..............................1
1.3 Definitions ......................................................................................... ..............................1
2. LEGISLATIVE FINDINGS ...................................................................... ..............................2
2.1 Qualifying Conditions ...................................................................... ............................... 2
2.2 Projects .............................................................................................. ..............................2
2.3 Planning Approval ........................................................................... ............................... 2
2.4 Consultation ..................................................................................... ............................... 2
2.5 Public Hearing ................................................................................. ............................... 2
2.6 Boundaries of the Plan Area ............................................................ ............................... 3
2.7 Other Findings ................................................................................. ............................... 3
3. DESCRIPTION OF PLAN OBJECTIVES ............................................... ..............................3
4. PLAN IMPLEMENTATION .................................................................... ..............................4
4.1 Property Acquisition ........................................................................ ............................... 4
4.2 Relocation Assistance and Payments ............................................... ............................... 4
4.3 Redevelopment Agreements ............................................................ ............................... 4
4.4 Interagency Cooperation .................................................................. ............................... 5
5. MODIFICATIONS TO THIS PLAN ........................................................ ..............................5
6. TERMINATION ........................................................................................ ..............................5
0
CROSSROADS REINVESTMENT PLAN
December 2006
I. INTRODUCTION
Preface
This Crossroads Reinvestment Plan ( "Plan") has been prepared by the Vail Reinvestment
Authority ( "VRA ") for adoption by the Town Council of the Town of Vail pursuant to
provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31,
Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements
of C.R.S. § 31 -25 -107, that an urban renewal plan be adopted by the governing body of
the municipality before an urban renewal authority undertakes an urban renewal project.
The administration of this project and the enforcement and execution of this Plan shall be
performed by VRA.
Background
The Crossroads property is located in the center of Vail Village, at 141 and 143 Meadow
Drive /Lot P, Block 5D, Vail Village Filing 1. The property is owned by Crossroads
East One, LLC, a Colorado limited liability company ( "Crossroads East One "), and is
located in Special Development District No. 39 and was approved for redevelopment
( "Crossroads Project") through the adoption of Town of Vail Ordinance No. 5, 2006.
The Crossroads Project includes the construction of 69 condominium units, a 338 space
parking facility, and retail facilities. The Crossroads Project includes substantial public
amenities including a public plaza and skating rink, a three screen movie theatre, a ten
lane bowling alley, additional parking spaces beyond those needed for the Project, and
substantial public art, along with other features of benefit to the Town. Certain obsolete
restrictive covenants cloud the title to the Crossroads property and prevent financing of
the redevelopment as proposed. It is necessary to remove these obsolete restrictive
covenants in order for the redevelopment to proceed.
II. Definitions
Cooperation Agreement: Any agreement between VRA and the Town of Vail or any
other public body regarding action taken pursuant to any of the powers set forth in the
Urban Renewal Law, or in any other provision of Colorado law, for the purpose of
facilitating public undertakings deemed necessary or appropriate by VRA under this Plan.
Plan: This Crossroads Reinvestment Plan as it may be modified from time to time.
Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1,
which has been found to be blighted and for which the undertaking of an urban renewal
project is declared to be necessary.
Redevelopment Agreement: An agreement between VRA and a developer or developers
respecting the redevelopment or rehabilitation of property within the Plan Area.
LEGISLATIVE FINDINGS
Qualifying Conditions
Based on the Crossroads Reinvestment Study prepared by Matrix Design Group, dated
September 2006, and evidence presented at the public hearing, the Town Council finds
that there exists blight, as defined by C.R.S. § 31 -25- 103(2), in the Plan Area.
The Crossroads Reinvestment Study found that the following blight condition exists in
the area: Defective or unusual conditions of title rendering the title unmarketable.
Restrictive covenants controlling uses on the certain properties and other conditions of
title impair the redevelopment of the Plan Area. In many instances, covenant provisions
conflict or have been ignored by prior development.
Pursuant to C.R.S. § 31 -25 -1- 3(2)(1), the owner of the Crossroads Property, Crossroads
East One, has advised the Town Council that it does not object to the designation of
blight for the Plan Area based the presence of one blight condition.
The Town Council finds that the presence of this factor substantially impairs or arrests
the sound growth of the Town of Vail, retards the provision of housing accommodations,
constitutes an economic and social liability and is a menace to the public health, safety,
morals and welfare of the Town of Vail.
Projects
The Plan Area is appropriate for one or more urban renewal projects and other
undertakings of the VRA as authorized by the Urban Renewal Law.
Planning Approval
The Town Council has adopted a general plan for the Town of Vail, known as the Vail
Comprehensive Plan. The Planning and Environmental Commission met on December
11, 2006, and has submitted its written recommendations regarding the conformity of this
Plan to the Vail Comprehensive Plan to the Town Council.
Consultation
This Plan has been submitted to the Board of County Commissioners of Eagle County as
required by the Urban Renewal Law. The Eagle County School District has been advised
of this Plan and has been given an opportunity to provide comments.
Public Hearing
The Town Council of the Town of Vail has held a public hearing to consider this Plan
after public notice thereof in compliance with the Urban Renewal Law in the Vail Daily,
describing the time, date, and purpose of the public hearing, identifying the Plan Area
JOIN and outlining the general scope of the projects being considered for implementation
sw pursuant to this Plan. Notice of the public hearing was provided to owners, residents, and
business owners in the Plan Area at their last know address at least 30 days before the
date of the public hearing.
Boundaries of the Plan Area
The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The
Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as
feasible to accomplish the planning and development objectives of this Plan.
Other Findings
The property in the Plan Area is subject to restrictive covenant provisions from
previous subdivisions of property in the Town of Vail. In many cases, the
covenant provisions conflict with one another and in some cases have
been ignored by existing development. These restrictive covenants
create an impediment to the redevelopment of the property within the
Plan Area, particularly the financing of improvements which are key to the
redevelopment of the Plan Area. VRA is authorized to use the power of
eminent domain, with the consultation and concurrence of the owner of
the fee interest to be condemned, to eliminate restrictive covenant
provisions and other conditions of title which prevent redevelopment of
properties within the Plan Area.
If it becomes necessary for individuals, families or businesses to relocate as a
result of the implementation of this Plan, a feasible method exists for the
relocation of individuals, families, and business concerns that may be
displaced, insuring that decent, safe and sanitary dwelling
accommodations and business locations can be made available.
The powers conferred by the Urban Renewal Law are for public uses and
purposes for which public money may be expended and the police
powers exercised, and this Plan is in the public interest and necessity,
such finding being a matter of legislative determination by the Town
Council.
This Plan will afford maximum opportunity, consistent with the sound needs of
the Town as a whole, for the rehabilitation or redevelopment of the Plan
Area by private enterprise.
DESCRIPTION OF PLAN OBJECTIVES
This Plan is an important tool to address the problems confronting the Vail Village area.
The Plan helps to further the goals for the area previously outlined in the Vail
Comprehensive Plan. The objectives for the Plan include the following:
• Create a sense of place and an improved aesthetic character for Vail Village for
both residents and guests.
3
• Enhance the aesthetic appearance of the area to make it more appealing.
• Provide a public plaza as a public gathering place and for events important to the
vitality of the Town and to the resort experience.
• Provide a skating rink that will be an activity center in Vail Village during the
winter season.
• Provide important recreational opportunities for residents and visitors through the
provision of a theatre and bowling alley that would not otherwise be provided.
• Eliminate impediments to the redevelopment of key facilities within the Plan
Area.
• Upgrade and restore public infrastructure including transportation facilities,
parking, sidewalks and streetscapes.
PLAN IMPLEMENTATION
In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA
shall be authorized to undertake the following activities:
III. Property Acquisition
The principal purpose of this Plan is the removal of legal impediments to the creation of
public open space and to new private investment occurring on private property.
Restrictive covenants and other conditions of title interfere with new private investment.
The power of eminent domain as authorized by the Urban Renewal Law may be utilized
as VRA determines necessary to eliminate and remove restrictive covenants and other
conditions of title which interfere with new private investment, with the consent of the
owner of any fee interest to be condemned.
IV. Relocation Assistance and Payments
In the event it is necessary to relocate or displace any business or other commercial
establishments as a result of any property acquisition, VRA may adopt relocation policies
for payment of relocation expenses. Such expenses may include moving expenses, actual
direct losses of property for business concerns, and goodwill and lost profits that are
reasonably related to relocation of the business, resulting from its displacement for which
reimbursement or compensation is not otherwise made.
Redevelopment Agreements
VRA is authorized to enter into one or more Redevelopment Agreements with
developer(s) and such other entities as are determined by VRA to be necessary or
desirable by VRA to carry out the purposes of this Plan. Such Redevelopment
Agreements may contain such terms and provisions as shall be deemed necessary or
appropriate by VRA for the purpose of undertaking the activities contemplated by this
4
Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA,
as may be necessary for the achievement of the objectives of this Plan or as may
otherwise be authorized by the Urban Renewal Law.
Interagency Cooperation
VRA may enter into one or more Cooperation Agreements with the Town of Vail or
other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may
provide, without limitation, for financing, for construction of public improvements, for
administration, for technical assistance and for other purposes.
MODIFICATIONS TO THIS PLAN
This Plan may be amended or modified pursuant to provision of the Urban Renewal Law
as provided in § 31 -25 -107, C.R.S. Modifications to this Plan will require appropriate
notification in accordance with the Urban Renewal Law, including submission to the
Board of County Commissioners of Eagle County and written notice provided to all
property owners, residents, and owners of businesses in the Plan Area not less than 30
days prior to the consideration of a substantial modification.
TERMINATION
This Plan shall terminate and the designation of blight made herein shall terminate upon
the elimination of those protective covenants and other conditions of title which impair
the redevelopment in the Plan Area.
Ln
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FIGURE 1
MAP OF PLAN AREA
Attachment 2: Crossroads Reinvestment Study Reference Only
Attachment B
VAIL CROSSROADS REINVESTMENT STUDY
Prepared For:
Vail Reinvestment Authority
Town of Vail, Colorado
October 2006
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Va Crossroads Reinv estment Study
October 2006
Table of Contents
Section 1: Study Overview ......................................... ............................... 1
Section 2: Colorado Urban Renewal Statutes and Blighted Areas .......................... 2
Section 3: Conditions Indicative of the Presence of Blight ... ............................... 5
Section 4: Study Area Location, Definition, and Description . ............................... 9
Section 5: Study Findings ........................................... .............................12
Section 6: Study Summary and Recommendation ............... .............................20
Appendix............................................................. ............................... 21
Vail Crossroads Reinvestment Study October 2006
Section 1: Study Overview
The Vail Crossroads Reinvestment Study ( "Study ") is an examination and analysis of various
conditions found within a defined area in Vail, Colorado to determine if the area qualifies as
"blighted" within the meaning of Colorado Urban Renewal law.
The Study is a necessary step if urban renewal, as defined and authorized by Colorado
statutes, is to be used as a tool by the Town of Vail ( "Town ") to facilitate public and /or
private investments within the area. The findings and conclusions presented in this report
are intended to assist the Town in making a final determination as to whether the property
qualifies as blighted and, consequently, the feasibility and appropriateness of using urban
renewal as a reinvestment tool.
To conduct the Study and prepare the Vail Crossroads Reinvestment Study report, the Town
of Vail retained the services of Matrix Design Group, a Denver -based consulting firm that
provides planning, environmental, engineering, and design services to municipalities
throughout Colorado.
The general methodology for the Study was as follows: First, the specific geographic territory
( "Study Area ") to be evaluated was determined by the Town. Next, general information
about the Study Area was gathered, such as right -of -way and parcel boundaries, aerial
photos, etc. The Study Area was then evaluated for evidence of blight through two means: a
thorough field reconnaissance of the Study Area to document observed physical conditions of
blight; and a data collection effort to gather information about those blight factors that are
not visually observable. The Study results were then categorized and analyzed as to their
applicability to the blight factors outlined in the Colorado Urban Renewal statutes. Finally,
the findings and conclusions regarding blight found within the Study Area were prepared and
presented as a report.
�Lmtvl�y�l(intiq, .
Vail Crossro Reinvestment Study October 2006
Section 2: Colorado Urban Renewal Statutes and Blighted Areas
In the Colorado Urban Renewal Law, Colo. Rev. Stat. 5 31 -25 -101 et seq. (the "Urban Renewal
Law "), the legislature has declared that an area of blight "constitutes a serious and growing
menace, injurious to the public health, safety, morals, and welfare of the residents of the
state in general and municipalities thereof; that the existence of such areas contributes
substantially to the spread of disease and crime, constitutes an economic and social liability,
substantially impairs or arrests the sound growth of municipalities, retards the provision of
housing accommodations, aggravates traffic problems and impairs or arrests the elimination
of traffic hazards and the improvement of traffic facilities; and that the prevention and
elimination of slums and blight is a matter of public policy and statewide concern...."
Under the Urban Renewal Law, the term "blighted area" describes an area with an array of
urban problems, including health and social deficiencies, and physical deterioration. See
Colo. Rev. Stat. 5 31 -25- 103(2). Before remedial action can be taken by a public agency,
however, the Urban Renewal Law requires a finding by the appropriate governing body that
an area such as the Study Area constitutes a blighted area. Id. 5 107(1).
The blight finding is a legislative determination by the municipality's governing body that as a
result of the presence of factors enumerated in the definition of "blighted area," the area is
a detriment to the health and vitality of the community requiring the use of the
municipality's urban renewal powers to correct those conditions or prevent their spread. In
some cases, the factors enumerated in the definition are symptoms of decay, and in some
instances, these factors are the cause of the problems. The definition requires the governing
body to examine the factors and determine whether these factors indicate a deterioration
that threatens the community as a whole.
For purposes of the Study, the definition of a blighted area is premised upon the definition
articulated in the Urban Renewal Law, as follows:
"Blighted area' means an area that, in its present condition and use and, by reason of the
presence of at least f our of the following factors, substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing accommodations, or constitutes
an economic or social liability, and is a menace to the public health, safety, morals, or
welfare:
\Lmt�I�v�,c , 2
Vail Crossroads Reinvestment Study October 2006
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a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d. Unsanitary or unsafe conditions;
e. Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or utilities;
g. Defective or unusual conditions of title rendering the title non - marketable;
h. The existence of conditions that endanger life or property by fire or other
causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in because
of building code violations, dilapidation, deterioration, defective design,
physical construction, or faulty or inadequate facilities;
j. Environmental contamination of buildings or property; or
k. The existence of health, safety, or welfare factors requiring high levels of
municipal services or substantial physical underutilization or vacancy of sites,
buildings, or other improvements"
In addition, paragraph (l.) states, "if there is no objection by the property owner or owners
and the tenant or tenants of such owner or owners, if any, to the inclusion of such property
in an urban renewal area, `blighted area' also means an area that, in its present condition
and use and, by reason of the presence of any one of the factors specified in paragraphs (a)
to (k) of this subsection.... "
The statute also states a separate requirement for the number of blight factors that must be
present if private property is to be acquired by eminent domain. At S 31 -25- 105.5(5),
paragraph (a.) states, "`Blighted area' shall have the same meaning as set forth in section
31 -25 -103 (2); except that, for purposes of this section only, `blighted area' means an area
that, in its present condition and use and, by reason of the presence of at least five of the
factors specified in section 31 -25 -103 (2)(a) to (2)(l)...."
Thus, the state statutes require, depending on the circumstances, that a minimum of either
one, four, or five blight factors be present for an area to be considered a "blighted area." At
the time of the Study, knowledge of future objections by property owners or tenants to being
included in an urban renewal area, and knowledge of future use of eminent domain to acquire
private property will most likely not be available. Consequently, the conservative approach
of requiring the presence of at least five of the eleven blight factors in the Study Area will be
used as the basis for the recommendations in this report.
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Vail Crossroads Reinvestment Study October 2006
Several principles have been developed by Colorado courts to guide the determination of
whether an area constitutes a blighted area under the Urban Renewal Law. First, the
absence of widespread violation of building and health codes does not, by itself, preclude a
finding of blight. "The definition of `blighted area' contained in [the Urban Renewal Law] is
broad and encompasses not only those areas containing properties so dilapidated as to justify
condemnation as nuisances, but also envisions the prevention of deterioration."
Second, the presence of one well - maintained building does not defeat a determination that
an area constitutes a blighted area. Normally, a determination of blight is based upon an
area "taken as a whole," and not on a building -by- building, parcel -by- parcel, or block -by-
block basis. However, since this study does not focus on a large study area comprised of many
properties and is instead quite small, each individual building bears great weight on the study
area as a whole.
Third, a town's "determination as to whether an area is blighted... is a legislative question
and the scope of review by the judiciary is restricted." A court's role in reviewing such a
blight determination is simply to verify independently if the conclusion is based upon factual
evidence and consistent with the statutory definition.
Based upon the conditions identified in the Study Area, this report makes a recommendation
as to whether the Study Area qualifies as a blighted area. The actual determination itself
remains the responsibility of Vail's Town Council.
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Vait Crossroads Reinvestment Study October 2006
Section 3: Conditions Indicative of the Presence of Blight
As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11 factors
that, through their presence, may allow an area to be declared as blighted. This section
elaborates on those 11 factors by describing some of the conditions that might be found
within the Study Area that would indicate the presence of those factors.
Slum, Deteriorated, or Deteriorating Structures:
During the field reconnaissance of the Study Area, the general condition and level of
deterioration of a building is evaluated. This examination is limited to a visual inspection of
the building's exterior condition and is not a detailed engineering or architectural analysis,
nor does it include the building's interior. The intent is to document obvious indications of
disrepair and deterioration to the exterior of a structure found within the Study Area. Some
of the exterior elements observed for signs of deterioration include:
■ Primary Elements (exterior walls, visible foundation, roof)
• Secondary Elements (fascia /soffits, gutters/ downspouts, windows /doors, facade
finishes, loading docks, etc.)
■ Ancillary Structures (detached garages, storage buildings, etc.)
Predominance of Defective or Inadequate Street Layout:
The presence of this factor is determined through a combination of both field observation as
well as an analysis of the existing transportation network and vehicular and pedestrian
circulation patterns in the Study Area by persons with expertise in transportation planning
and /or traffic engineering. These conditions include:
• Streets /Alleys with Poor or Unimproved Surface Conditions
■ Inadequate Street /Alley Width
■ Poor Provisions or Unsafe Conditions for the Flow of Vehicular/ Pedestrian Traffic
• Insufficient Roadway Capacity Leading to Unusual Congestion of Traffic
• Inadequate Emergency Vehicle Access
• Poor Vehicular /Pedestrian Access to Buildings or Sites
■ Poor Internal Vehicular/ Pedestrian Circulation
These conditions can affect the adequacy or performance of the transportation system within
the Study Area, creating a street layout that is defective or inadequate.
5
Vail Cros R Study
October 2006
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
This factor requires an analysis of the parcels within the Study Area as to their potential and
usefulness as developable sites. Conditions indicative of the presence of this factor include:
• Lots that are Long, Narrow, or Irregularly Shaped
• Lots that are Inadequate in Size
• Lots with Layouts or Configurations that are Obsolete or Impractical
• Lots with Layouts or Configurations that Result in Stagnant, Misused, or Unused Land
This analysis considers the shape, orientation, and size of undeveloped parcels within the
Study Area and if these attributes would negatively impact the potential for development of
the parcel. This evaluation is performed both through observation in the field and through an
analysis of parcel boundary maps of the Study Area.
Unsanitary or Unsafe Conditions:
Conditions observed within the Study Area that qualify under this blight factor include:
• Floodplains or Flood Prone Areas
• Inadequate Storm Drainage Systems/ Evidence of Standing Water
• Poor Fire Protection Facilities
• Above Average Incidences of Public Safety Responses
• Inadequate Sanitation or Water Systems
• Existence of Contaminants or Hazardous Conditions or Materials
• High or Unusual Crime Statistics
• Open Trash Dumpsters
• Severely Cracked or Uneven Surfaces for Pedestrians
• Illegal Dumping
• Vagrants /Vandalism /Graffiti /Gang Activity
• Open Ditches, Holes, or Trenches
These represent situations in which the safety of individuals, especially pedestrians and
children, may be compromised due to environmental and physical issues considered to be
unsanitary or unsafe.
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Vail Crossroads Reinvestment Study
October 2006
Deterioration of Site or Other Improvements:
The conditions that apply to this blight factor reflect the deterioration of various
improvements made at a site other than building structures. These conditions may represent
a lack of general maintenance at a site, the physical degradation of specific improvements, or
an improvement that was poorly planned or constructed. Overall, the presence of these
conditions can reduce a site's usefulness and desirability and negatively affect nearby
properties.
• Incompatible Mix of Activities Leading to Improper or Unproductive Uses of Land
• Lack of Code Enforcement Resources
• Neglected, Vacant, or Abandoned Properties
• Evidence of General Site Maintenance Problems (e.g. Deterioration of signage or
lighting, poorly maintained landscaping or overgrown vegetation)
• Deterioration of On -Site Parking Surfaces, Curb Et Gutter, or Sidewalks
• Poor Parking Lot Layout
Unusual Topography or Inadequate Public Improvements or Utilities:
The focus of this factor is on the presence of unusual topographical conditions that could
make development prohibitive, such as steep slopes or poor load - bearing soils, as well as
deficiencies in the public infrastructure system within the Study Area that could include:
• Deterioration of or Lack of Public Infrastructure (e.g. Street /alley
pavement /curb /gutter, sidewalks, street lighting, storm drainage systems)
• Presence of Overhead Utilities
• Inadequate Fire Protection Facilities/ Hydrants
• Inadequate Sanitation or Water Systems
Defective or Unusual Conditions of Title Rendering the Title Non - Marketable:
Certain properties can be difficult to market or redevelop if they have overly restrictive or
prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly
divided ownership arrangement. Examples include:
• Properties with Disputed or Defective Title
• Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible
1 NL•ei� Utv�� C'scxp t,
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Vail Crossroads Reinvestment Study
October 2006
The Existence of Conditions that Endanger Life or Property by Fire and Other Causes:
A finding of blight within this factor can result from the presence of the following conditions,
which include both the deterioration of physical improvements that can lead to dangerous
situations as well as the inability for emergency personnel or equipment to provide services to
a site:
• Buildings or Sites Inaccessible to Fire and Emergency Vehicles
• Blocked or Poorly Maintained Fire and Emergency Access Routes or Frontages
• Insufficient Fire and Emergency Vehicle Turning Radii
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or
Environmental Regulations
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In:
Some of the conditions that can contribute to this blight factor include:
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or
Environmental Regulations
• Buildings with Deteriorated Elements that Create to Unsafe or Unhealthy Conditions
• Buildings with Inadequate or Improperly Installed Electrical, Natural Gas, or Other
Utility Components
Environmental Contamination of Buildings or Property:
This factor represents the presence of contamination in the soils, structures, water sources,
or other locations within the Study Area.
■ Presence of Hazardous Substances, Liquids, or Gasses Found at a Site
Existence of Factors Requiring High Levels of Municipal Services or Substantial
Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements:
The physical conditions that would contribute to this blight factor include:
• Sites with a High Incidence of Fire, Police, or Emergency Responses
• Sites Adjacent to Streets /Alleys with a High Incidence of Traffic Accidents
• Sites with a High Incidence of Code Enforcement Responses
• An Undeveloped Parcel in a Generally Urbanized Area
• A Parcel with a Disproportionally Small Percentage of its Total Land Area Developed
• Vacant Structures
• Vacant Units in Multi -Unit Structures
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8
Vail Cr oss r oads Reinvestment Study October 2006
Section 4: Study Area Location, Definition, and Description
The Vail Crossroads Reinvestment Study Area consists of two parcels located in the Town of
Vail in Eagle County, Colorado. The Study Area is bounded on the north by the 1 -70 frontage
road, on the east by Village Center Road, on the south by East Meadow Drive, and on the west
by private property. In all, just over two acres are enclosed within these boundaries.
The Study Area is dominated by two adjacent buildings with retail and residential uses. These
buildings stand to the north of Vail Village, off the 1 -70 frontage road. Not far to the west of
the Study Area is the Vail Road roundabout, which is the primary entrance and exit point to
Interstate 70, and to the east lies the Colorado Ski Museum and a large public parking
structure. The central surface parking lot for the two buildings opens up to East Meadow
Drive, and is the primary retail entrance point for the both buildings, although the east
building also has a retail entrance directly on Village Center Road.
To supplement this written description of the Study Area, the following aerial maps of the
Study Area are provided: Exhibit 1: Vail Context Map shows the Study Area on a macro scale
relative to 1 -70 and Vail Village. Exhibit 2: Study Area Detail Map provides a close -in view of
the Study Area itself and the immediate surrounding roads.
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October 2006
Section 5: Study Findings
The overall findings of the Vail Crossroads Reinvestment Study are presented in this section.
These findings are based on the analysis of data collected and field surveys conducted in
September 2006.
Slum, Deteriorated or Deteriorating Structures:
Although the two buildings present in the Study Area were found to be in generally fair
condition, the east building in particular exhibited a few trouble spots, as detailed below.
• On the eastern side of the east building, the lower portion of the wooden facade has
sustained water damage and splitting
• Exterior walls in select areas are crumbling or in a state of disrepair.
The eastern side of the east building (View 1 of 2)
a
The eastern side of the east
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A deteriorated column base at the garage entrance
A crumbling wall on the western side of the east building
r ; Nlvmlly �Circx4i , 12
Vail Crossroads Reinvestment Study October 2006
Predominance of Defective or Inadequate Street Layout:
No evidence of Defective or Inadequate Street Layout was observed in the Study Area.
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
No evidence of Faulty Lot Layout was observed in the Study Area.
Unsanitary or Unsafe Conditions:
Evidence of Unsanitary or Unsafe Conditions in the Study Area was primarily found in the form
of pedestrian hazards. These consisted of crumbling walkways in critical areas such as
stairwells, and improvised, unimproved pedestrian walkways suggesting a lack of proper
pedestrian access around the site. Specific examples of this include:
• An cracked and highly uneven pedestrian walkway near stairs
• An improvised walkway (trail) north of the east building
• An improvised walkway (trail) above the garbage dumpster
a.
Uneven pedestrian trail leading to dumpster north of the
east building (View 1 of 3)
13
portion of west building
Vail Crossroads Reinvestment Study
October 2006
Although evidence of Unsafe and Unsanitary Conditions was limited to select walkways and
portions of the site, most notably north of the east building, it still presents a problem since
the site contains a number of retail establishments and is open to pedestrians and the public.
The walkway leading north around the east building is uneven and unimproved, save for a few
wooden boards. The wooden boards suggest that the walkway is generally recognized as a
legitimate pedestrian right -of -way, despite its highly improvised nature.
Other than the cracked stairway entrance on the southwest corner of the west building,
numerous other minor cracked and uneven walkways were observed which are noted in
further detail in the next section of this report.
Deterioration of Site or Other Improvements:
A variety of conditions were identified that meet the Deterioration of Site or Other
Improvements factor. These situations were dominated by cracked pavement and walkways,
but also included crumbling retention barriers around parking lots and unsightly improvised
storage areas. A few examples:
■ Splitting, damaged wooden barriers around the east parking lot on the eastern fringes
of the Study Area
■ Cracked pedestrian walkways with uneven surfaces aggravated by numerous different
types of surface materials
• Poor driveway conditions at the southwest delivery entrance
• Unsightly exposed storage of obsolete appliances and furniture on the north side of the
west building
■ An unimproved dirt entrance to the northeast parking area
�! t Nktix[k(.kx�b. 14
uneven pedestrian tran ieaaing to aumpster (view z or s)
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Vail Crossroads Reinvestment Study
October 2006
(View 1 of 2)
(View 2 of 1)
15
Deteriorated driveway on southwest portion of Study Area
Deteriorated driveway on southwest portion of Study Area
Vail Crossroads Reinvestment Study
October 2006
Unlike other potential problem areas detailed earlier in this report, evidence of site
maintenance deficiencies wasn't concentrated in a particular part of the site. Instead, such
problems were fairly evenly distributed around the Study Area.
The dirt entrance to the north parking lot was blocked off by a chain during the field survey,
suggesting that it is not a heavily used point of access to the site. Nevertheless, this dirt
driveway does create problems such as standing water through poor drainage on the
perimeter of the parking lot, as well as plenty of tracked dirt into the paved parking area.
Unusual Topography or Inadequate Public Improvements or Utilities:
No examples of unusual topography were noted in the Study Area; however, there were
instances of poor or inadequate storm drainage observed, as well as a lack of curb and gutter
around a significant portion of the site. Furthermore, sidewalks do not exist along the
surrounding roads on the northern and eastern perimeters of the Survey Area.
Following is photographic documentation of the lack of sidewalks, curb, and gutter and poor
storm drainage:
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The northeast perimeter of the Survev Area lacks curb and
gutter as well as sidewalks for pedestrians (View 1 of 2)
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Northeast perimeter (View 2 of 2)
Vail Crossroads Reinvestment Study
October 2006
74
east
Cracked, lumpy pavement surrounding a storm drain
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Looking north along the eastern perimeter. No side
or roadside drainage from this point northward.
J - , --
A gutter downspout emptying onto a clogged or
nonexistent drainage system
17
Vail Crossroads Reinvestment Study October 2006
Defective or Unusual Conditions of Title Rendering the Title Non - marketable:
Evidence has been obtained that demonstrates that Defective or Unusual Conditions of Title
do exist within the Study Area. The Crossroads parcels have titles which contain several
restrictive covenants that dictate the nature and intensity of the uses allowed on the
property. Consequently, these covenants adversely affect the ability of the current owners of
the Crossroads parcels to market and /or redevelop the site in a manner consistent with the
goals and policies of the Town of Vail and its efforts to revitalize the Vail Village area. See
the Appendix for documentation of these issues affecting the marketability of the title to the
Crossroads parcels.
The Existence of Conditions that Endanger Life or Property by Fire and Other Causes:
The conditions that apply to this blight factor primarily involve buildings or sites that are not
in compliance with fire codes, building codes, or environmental regulations. According to
documents provided by the Town of Vail and Vail Fire and Emergency Services, the Crossroads
%LMI\ AvyGWkq, 18
Vail Crossroads Reinvestment Study
October 2006
project is and has been in noncompliance with several of the Town's fire safety regulations.
These include the lack of internal fire sprinklers and poor fire truck access. See the
documents included in the Appendix section for evidence of these conditions.
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In:
Much like the situation explained above for the "Conditions that Endanger Life or Property by
Fire and Other Causes" blight factor, the lack of fire sprinklers and poor fire truck access
contribute to a finding under this blight factor.
Environmental Contamination of Buildings or Property:
No evidence of environmental contamination was observed within the Study Area.
Existence of Factors Requiring High Levels of Municipal Services or Substantial
Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements:
No evidence of this blight factor was observed in the Study Area.
�lml�I�si(inxq, 19
Vail Crossroads Reinvestment Study October 2006
Section 6: Study Summary and Recommendation
Within the entire Study Area, seven of the 11 blight factors were found. These seven are:
• Slum, deteriorated, or deteriorating structures
• Unsanitary or unsafe conditions
• Deterioration of site or other improvements
• Unusual topography or inadequate public improvements or utilities
• Defective or unusual conditions of title rendering the title non - marketable;
• The existence of conditions that endanger life or property by fire or other causes
• Buildings that are unsafe or unhealthy for persons to live or work in
Therefore, it is the recommendation of this reinvestment study report to the Vail Reinvestment
Authority and to the Town of Vail, that the Study Area in its present condition may be declared a
"blighted area" as defined in Colo. Rev. Stat. § 31 -25- 103(2) by reason of the documented
evidence of the existing conditions found in the Study Area, the applicability of those conditions
to the 11 blight factors defined in Colorado law, and the existence of five or more of those
factors within the Study Area.
20
Vail Crossroads Reinvestment Study
October 2006
Appendix
•
The following materials were provided by the Town of Vail and are included in this Appendix as
documentation of several of the blight factors discussed in this report.
>, YLm�IkiCaty,:, 21
Vail Crossroads Reinvestment Study
October 2006
Documents demonstrating "Defective or Unusual Conditions of Title"
%I.mi\ i -N„c ntg) 22
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 81611
Telephone (970) 925 -1936
Facsimile (970) 925 -3008
GLENWOOD SPRINGS OFFICE
The Denver Centre
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (970) 947 -1936
Facsimile (970) 947 -1937
GAMELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.grfieldhechtcorn
July 17, 2006
Via Email and United States Mail
J. Matthew Mire, Esq.
Town Attorney
Town of Vail
75 S. Frontage Road,
Vail, CO 81657
Re: Crossroads/Solaris Covenants
Dear Matt:
AVON OFFICE
Avon Town Square, Unit 104
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone (970) 949 -0707
Facaimile (970) 949 -1810
BASALT OFFICE
I l0 Midland Avenue, Suite 201
Basalt, Colors& 81621
Telephone (970) 927 -1936
Facsimile (970) 927 -1783
As we discussed last week, the Protective Covenants of Vail Village, First Filing, Eagle County,
Colorado (the " First Filing Covenants" may prohibit certain uses approved in connection with the
Crossroads/Solaris DIA- Specifically, the First Filing Covenants state that Crossroads may only be used
for " apartments, retail shops, service shops, restaurants and tea - rooms, hotels, lodges, professional
offices, medical clinics [and] automobile service station sites." Accordingly, they would likely prohibit
many of the "public amenities" set forth in the DIA ( including, without limitation, the bowling alley,
movie theater, ice - skating rink and public parking facilities).
The First Filing Covenants were adopted circa 1962, and like most planning documents of that vintage,
they have become rather antiquated. When Vail Associates, Inc. faced similar problems in connection
with the Arrabelle at Vail Square and Founders Parking Garage, the Town of Vail assisted them in
condemning the subject property and the eliminating the restrictive covenants. We respectfully request
that you provide us with similar assistance in addressing the restrictive covenants burdening Crossroads.
We would like to begin this process as soon as possible, so please contact me at your earliest convenience
to discuss this matter further.
Very truly yours,
1' ��
Reed F. Weily, Esq.
Avon Office
rweily®garfieldhecht.com
0 Printed on recycled paper
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-.l .S" }���.^`r �(:• ..• '..` L6'�j - UCLO�tADG '�• .�, •,.
.;.1f8immis,,- Vail Vi iage•Inn' ; Istd.,..a: 11mited partneiatiip;�' =•
followi i described 'i . _. •
• c�t?�r • �•(:;�th�:'A+aer <'o£ �i:di�i deti.portion•.O£ � 5-. ..: :• .,.
'etiid = gall ]1a0 ates; Ltd.,.' a :Yiniited`parttnersbp; is" tie ,?; , '• ^ fi r
1'l
de i; Qc . :.:
ex,.; tibsis 'of 'the 'Po aw�.ng .descii2le�t .lalr?das ' `: •• `:, ,'Y
'; �'bi � portion'' .g the B of - - 8ectidn 7.: and: the '
t:
4IK�C:aiid '88 , of .Section 8, . a'lt in Taiwtishig
•: ; :t. ,�:�5 80 hest of the 6th P:I[..i agla:
: ' . `':•Comity;. Color do; included within- the "follo,i-
''• '' descr
-boundaries i Beginning -at a rock ,
• . = . I � : s �.' _= ,CO1'he�c O[1 t line betwe'en,'the .above such'. $actions'''
_ ;dnd, 8,.' de ar. t
E' l�a /6.
11 ' corner 'bet%raeri trie "is
° . T i i
-an&A. whence =the•• witness'.
r; _ ::corner.. ta' the • cdrneX between 'such. sections
'•��g�;. x ; :,.•( ; atld'S.. .also a rock cornet,' begrs.8:0o23'B... .'` t '
V. t ;. -i : distance %of.. 211.1'4' feet t thence: '3:.89 .41'W. ,'
' "'' '; �' :a : `::� .• dt sCasice . of-1640. g 3 f'I t along the. az ue • : ( r"
' •; =? =r '•bbZiiida 6f ' the White River...Yational'Fokestt'
f . i•.
'::wr'!#'`:�:a •' "thetice'1T��q ° 23,'N.; a .4 .2
:.' := T� `• *. tpanca..8-8 ° 23.'8:; a:ztiataii a of `450.21 iesti
: � ';:;.: °,.': t3iericer :B 2' 'S.,• ii iiistance''of 307:16. 'feett
• °s':y.;';�?.�' •;�r::s ::;; }' •' Ul• . w i;txrxa •of,571..6;9 feeti •�� � ''.
. , .
,dista of 707.69' feet r �'s• • ;`
5.�: ":?'::�' ':•' tbance N:0 ° 23'.W.;. a distance !of :693.77. Peet 'to;
1 th4o aoutherYy right= of• -Way' line of• U. `.8.
ftj4 riiay. DTo: 6 thence 8 :79 46 k5' : , a , distance
„ ' :i� %•" ' ' .''of _.�72BiQ: 'feet :'along- 'such' southerly. r.ight�of-
�• `�`'l:',;r :Wai'j(� line. arch - ti. S..'H -.tg iay No. 6; thence.- . • ,
t '
•a': ._;'0 ° ..Ox's.; rt distance. of 1 feett thenc t
•'• distance of 4�2 93; feeti .thence.
S. 32. a. distance of 405.'12 feett. thente
.
.;?;'a.' ° 1i::8b a• distance oE nca •�•'.wf* M `?Wi.,
t :.a .dietance;. 6 - 621.50 feett 'thence a
distance of •`443 . � Beet i 'thence t '
N:O..
°' 5
s.89 feat to. the �';^�
,r <';: e, .44 i4. ;, a. di 's : :08' 13722 r
!'it:( •::.:: s_;,: point of •beginning. �, #
I IL
' � ' �Y .- �4i 4•, •�'' . °Ki •..' �y • ii�•;:akSr"��.;g•`ti� s; t' J� • ' 'ti ' �.
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.� • . } i � T+ � ✓ 1 � , :� h a . •je t . • t�.,.`•t �tia.i:• f .. •!i.'i: • ,�'y - :: .4.t. .+t ^ . �;i %��•.� • •' • •j• .�: -iP +�'
Ot
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A.
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wagm$j:•V.a 1, Vin jntl,. ltd: ; 'aiia :V'a }.. Aa �:Atea; • a. Ul
- ;liarei�iaftix: scimetitae ari�tr' <c'[eseto':..:�*i`
w;.�'1e' casts Sri real:etigng' the`;use'of• thtrTcta.':Bloe'ks '. a
riot$ shdim; -bti :the' Kap af; vall: V�l'iage HSzet
411
a
,:.
`t2;benefi %`off pwiitrs a Q
ndr=th ir• respecive' Buccessofs' ... -•,}
'• 84 i � in'.vrdezti_ o .establish:
and mi!tintaiit' the' btiacter "r :• ;, :..
"ahll — blue.'o£• real e•s 5 -: • . + s,,
tat8 = in `Vill. Villa a '•
: °5,�= % " -':;� ) ;` 'lAaWi SE EFO&X...iri corigi gekatign bf 'the premises, :Vail' r("'
�{ 4 j'`�•'' jV �']st�a�Zr�fs, Ltd,:, acttng hsere.'b - anti' throucjh`J. 'Robert Powli�r,'
•f y s � ► '; ylti diYii�y�lii•lsiQ az+'.'a. PdWer' .6 •Attorney,. dated - august 3
:;x196Z,,••reoordii .i'n ooki '/7 _:at. Paget .X78 of ..the•. tecordg:'df. they, :K
� Ba ,
?� ;j% >:;Clerk _airsk!':;'Itt corder o£: gle dou4j, - 1 COloritdo, and Vail Associates," .
ssa1��. =:• `' :I:fd. ,< !lor:. the aidalves a tla}Yx respective grantees, . successors
n ;`'t::=:jnd: hereby iiap e$tlish,' publish;: a}ckba+];edge,
43� i �'' %.dec�sre -arid' agree.;'with,. tQ.'t�nd`•for. •the •2ienefit 'bf - -tll persan� ' ' ' •!. .•4
by Y�` ;,ilhoe &fter'purghstse, or''leabe =and xoui bins tp,tlimia so. ,. -•• , ;�' . }:
: 'r,�s- ;= oiYia:•.or' hold =ar►p:..of'. the . - Tracts.,`- kocks in- Vail` tila
Fl.x•at:kiling, - tha '.they . bold ' all.of ;the';la� ia�Vail ,
�.•^,;'r:`f; : Village; P i.rii* i4ling,• subject to - the follcaiinq re brictioa�s•; i s.
;" r:a {::•.{ `covenants; and con4itio�s¢, .al;l. of -which sha11 be: deemed :to Jinn �• '
.,'�+ �31t2i thQ la idr and to ] nvlte • to the benefit . olt and .'b 'binding
ipiaz
tile OwASrs, their respective grantees ;'su esa i
r,, :�., ; �,•:j cc oxs and.
t+ ING A ARCHITECTURAL CCKTROL G�9lITTB$
66aaaittee The- Planning' and Archl.tectural 'J ' 1
CcatrOl'Cii[iiattee; .hereinafte=,r8firred to as, -The C'oinfittee,
fft of: • ye• faem]bOrs who shall be designated by owners,
;.s• = ".' i` sCeelt7gr Qrsigns; _to review, study,.. and approve or .
. `, �r cmeat - the'area described•:in the:
:yi H I � • lr p of Va - (Village, F "rst 2+i•lihil,. of which these restrictive .�
'.,,,,^ � • •,. . dove:iants .are jiiade . a part.
, t 1 � ,.`,+jly . : ,"•• • F _ '. .... • '. .
'�'.±; - " =. • ;,. 1 / Rules . ;The : Colmnittee shall inake '
'•,ry;; :. _ .:: .. :,2 :. such rules and -
*" add. adopt. such procedures ae, at may d8e1n alppropriae -^
!' :4V `' t8 proceeiiii*w.'. t : '
t i -YT - a •t 2.3 • !►p�tOVd1 1 of Plan . , ' No building, out building, �'.
oi'ether'.iknlirovemeht'shall lie• constructed, eregtM -
li ' -'g•:; ••�• ror. :maintaih6d ow—.an Tract, , Block or Lot -, nor shad any -addition
t ",Jir::theretq; 'or alterat ion. therein be made, unti•1 plans an8 specifi
'' :$4: = +''� - cbititxiia 'shb�winq. the-- color ,2ocatiori, niaterlais,'* landscaping,
i ..such otYier: irk #oxma on relatincj to such.provemont an.-The
: Ccmn+itteermay, s�asonably.rr-equire shall have been'submitted to l ��
, 'r'�'% and by The`Ccimv.ttee i V .
, .. n r iti q
n
•�yr � •'' i �. �i. ':; . ;
•� �t�`�`�'�. 1.:4. : Criteria . In •passing upon such plans send. specs --
;;� ;',• •? '' :fic'stions the COMMittee stial.l consider: •
' +�/:. {�� at`V'�l .,~ +:_ :� ? , rl 27 . l.,y �, . { , J l:• r•�c .• 1 .i,.• :y
�•�' �. { .?f;Z.; .1i.. _ 1�•ii�Cia ��y,�. ''•��' "- :'` h.a:�� �'• ;••Jiil•tl'
� 4 .�' ra •.'' ' : � ;/` °: .'lIS• .ji:ttW'P . ►.� :+�•!x'•; � ^. :�:•• ; C:, r 4yr`•. , r i' �,,,.
: � ��� Yr .* _. 1: _ •' K. •'r• .�1 �. .:I' • �. ' » '1' C•� �„t � :�, •�.��.,. �..C11... ;5;7.1:F��'�_:�`�• f
a .t.t ♦ �' • �Y✓� c � ' !Jt tier i'• »;;• .,� •t' •�:.:.'..• J .( .'�!:, y.'�1= •7' �•;.
' i'� -4 .R 34�+ .:1 .`•i • `[i . .!T rY ' •�. • • • i Vii (• 'i' is .,, +;. ' ? v ).
LS/V-.. f -'?.; w .•• • :�Si�n • ', ^ •'..• i Y. L' � 'S - '7'�T� -t•f,� /.')
l ' ' ' y• i _ saitLbil�tiy'`b;,: raveiaen: ; a
Ct�d1 • •� .` l
'dOJl�trii ti /Lt' '?'• . !•: • ? ' . E
, '1 • {•+a,y�''•�o:•lJ�T. •.� : .s '1.. . s::i.'l•I.., .i.:
^, Vi e ; t '': r�L �t��y.,. �:.�1�.•'. .J •. i -.•S 't ..; 5•. '. ,�. •• hY6JX
•, * j j I -� I 4.a'�r�'ii�V:.•i1�L� 1 TlIS ,J� t"�� n,•; � ti �.`•.' , • y y.'�• •±i
I Z`r, � � j .,, • Y± : :nv < •,t' � • � •� ' I • •' • • .;. .a,.1 • t �• 1. 1 a . . �' �. is J�.�t•: ] �
��1 `w ��i• ,1� S'.�: . �;�. t,. •. ••. :'' - ::.' • i f�. ate ��1 �, • •F: .`. •. = ••1• -L 'r r.'FS�
• + , 4 , y��� Y � l { LiaY,/•�,)�• vi �I ••• 'trVJ r ••. .y: •�S'• '• �ai� W '�••MY� • .J, • .1 �I•
.fit • \: !',")•�: ��.iV ���i� ►,. •Ti�f�•.. '. _ = M 1r•, •t~ I : .. •��...:
t
�!
�tk'b�t ' of: Y propbsad i�gpravea�e . :. ` .::: •�:.�
�g� ,� aid }erit:.oi iiesgtibaa�iniJ 3
;w - +'; °S :r: `' ~ ' 4 • ° sy i11' :be. - anJ. cab j �C ve 'off the :Committee
�:a wt :: °. i �'_ ?.` �•pra do. so• dissimilar.
• •i nt'�3.11�•�ae� simf.ldr or
mo6sta or aoetha ic,.
:valu
�,�t *� ''� ;;Ce�i�Cf.•`iii: tt�°.•.'vi.c�lititY ee� z7t' ,
to �. ' ;3n the '
�•..;'�:: ` ],:5. : Sffect of. Y�i�: C i—lur
and
;s.: 'r ;.Y; ' : ,:.•.: to, avp ovb :or disapprove : plena
s^ s Ctittee �atls X •;,
td i Nithii ixCY daYla of-.- sriba�iee ions r
all�lilti+oN :•snbrft
• �" `` { oititl:t,'ti4; enjn 'the 'oostruc'tioin tiai : beau ccascid Prior
'fir •�� „ t iced'bnd
''•'_, j� . *pi fhi..CCae�l'btiiat theraA; . aPPraysi ,sh�lx riot. hd' 'requ
u
enacts X -be i:ned t hays bees i Y' J
oov :shat determ _
jA� •,a "�:' ?'di�s{plleid.`a�Iitli�. �'• . � �' .. ;� . '� •' • • ..� • r• .,.
iii Vitil.Yiilage', First, i�iliaga shall
. .for thy" f1f3,].d+inq gar bs: : • ..
::k� ' 3: ' she; rots • in • Bockti ' 1• acid •� abaii . ire •;is;d' only . .
i; " .•'` '' . irisl once: '
i6ach ,conta� n .not •moats titsaA trro •separsl•,e';� <`
`:� " '-for. "pill: lbi�. •
NAM' V
} ' •_ :,f ZY T 1!�►a ti>fr. ;Iuo in Block 4, and �t':part
7:�' �• ' +.' ; • yiO4 ,-�oaiY + • r' ro� . �±
,: �''•' _ �' %, �' ' gZocks'2,
3,'
;.
• r .z ^: �, , �;, % l ;'.g.: a : letk!r i�s
dt ]: ;. sh s "
be apatrti n rata ..
'J ;5�+�iD.`arid•5: =fit shall: wl®l�t.•fo - _
t � apd tea- roba►s, -: hotels, .lodges;' - ':•;
t`•' • M1j, sere ca .i�t�ops; 'acesta l cliniits . Lots M ancV ,
M: `'. `ofosoi�ox}a]• ;offices 'anc� sdr�di;cal, . ' ` .' _ . • ' r =
•s,:• mod` as'•autG�nokiile 'service "statlob s" ,tss ,.
Block S�A �Y .b .
, •'`• • ~•J �• ,'' • •, �t .. •• • , o f •� 't � • .. •' • •
• • } ", •• ��. .�.... ay''r •n. :yc j '�' ' ` i L' ?� � �:�a. �{�•��-+�� '.....
�---- '.rL, l:',1(Y ';.> �! � a: -r : -'�:• ..ti' �`j- ' ?�,�T,•titii�.+:i?hti:
fJ Xs�1" ~ +a944+hx "'Sa RAZZ:r r�Y•s..�`lY . „'„y�"•'.t..:r %..w::.M,i.`.: •.y.
Nq
't t'�:4'a. •i! •� Sri . 'i /.'' •. i •. w• .,: ••� I '. !
.2A4.- ,;; I,dta,.' n Bloom iiiklobi,.
eJ.N
_'!' if`.• re�idia i''. -i :ti =fati ],y: dw.011W a,,.:au `.'aieiobi]ra$ip> ciu� `hoiiiies :: i ' :•:•
� il ti t> � '• I1V�r.= ltrc�ns �•to.'�iell,'•lie��s� .R> i. i - r } w *.: .Y;• + •��':,•
• r . Si. ''ir✓
y,'u•''s1i!; °•�y.'C�f''• f• .'i� yw,.� f 7�.. ••tti : � ' �r� �,.��r !l s�W.Iii
�
With 0 ; i •i„ 'i 1
�,. %"ry. �:•:ti "`'i;'": ^: ••.. �.y '• iiYi N. _�di�r::� WW •:•
'�s.t�il • t• si '. ►$}
c` *� itid 'to” i�v&i'nie
inaciisooe� gird :'a�`sigsis;� atuli- `disgnati,' :bat'f'. :',
•1 =% ::,,' b lvirit: 'slimll :sue- desigi' it1i4 es6; ba:;ttiggNi�tefiti .t i:'
:; Ode •. ,�•_ .. _ •� •••R
.3 E�18EM8i�'t'd QT.:Y.
z'.• 4 �: ;' 1::::? : Eisem6�ts uid iights�ci�- �Gfay` for. s'oads: •'1�:�}hti.:ic�,
" -t`r %��iag,..�►aitttic3'tY:.''gsE, "t.lgphceie� v►�itgY. • ee�A�C"�9i; :'briclli .•s.:
" ': ,�r �` %.x• atLs'; ii�d . i taiiaa' tai fie;' Aknd,' aim o ieY kisid' of public ' oa~
' ^�Si '• `,gtiast t .ii4 seswice'- 'ar�'resasrviedi ais ' ho iu; .thi p7,at
�' ; �< ".• "b 1la�.I ei•.. '131iaQ:.: fro fence; =�y+ail dga
.2�e, '
Mis :j
x ; � t' r3oilii9scit � ipha2l ' be irectecl o= ma ihtb id aimgl-' On 1
iciEcstr,ox':rrith i ;'iii areas' reserved - !oz'i s�seit slid idcfhts
! •..211' .• •.', i ✓
� � .o -+Nay ,, ., •' f • i' t ' •. •
�.: :,,,•' '' f •,4. • 87f,�t8:.. ' Mo signs, billbostds, ncgt boards or
i:1q :O tnatiWe .of ar -kind sha'iL.;�e 'eiedte4 -or •maint ' ed
*'` „�' • : e, Whatsoever axce t s �.
L dp .�of joie icttiiatUna tox 'saY purpos p
' '•: , M :bien;Ap rove�a"`ba f Capmii ae : as:; reaidasably ::.:� i : ;
iiaabagar ; :tnrltp ideiitifisdtion�of resdencas .arid places
;: }:`. �:.: ;; .5 ': = >�OITl.� =71�, SEIQiE:' •.Bach;trvbtie; designed fir :' • .
htm ° ibef;rigo shall: ec ::►itli ;the'iwate =' . , ' ;
'��'�r: s`s` "dagb ° .faoiliities: o tbm,Va11 hater= =,ar�dBaiiitatibn, nistrict,.!
:,go,:.pzidate iiliall''be :iced ' ai : a >'squnee ..oi�' ifsti�� 'i'or`?iu�nan : a�isnmp -: .
�'t'' i•' ' tb6n• or ixriotibn• In :Vail :Village, .first til�q'; nor shall anp.
v�'ac litjt::okh 7c: thcso .provided by the Vai l WatOr • aad. 8ainita-
•:'�'�;'• 2 used or
the, disposal of aeii►age;.,.'Dtec�lianicai
rX;x g ajc act! �lisposa'l::faCiltbieh b'e• providedi in..eac2i kitchen'
V
.or fnd2C.:p�capariiig area.
r:
' G .'' TRASS . QAMGE. No, trash ashes or other •'
l;g , rt •,:• .,. , maiy• be thrown: Qr :dus n
di ted on any laijd :withi Vail :Village,
Wiling:.:: The .baarning : refuse out-• •doors shall not be
permitted in Vai:l..Village, First Filing. )1o.. or ; •r.
other device, the' burning �,of refuse indoors • s hal'l • be construe-
• "` ' ted , �insta.11ed or us tson except ad ' approved -by Thii
v. y a ] ,�.• V;
T
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�''% Z" ' fA • ^ Ys,VlFliige, piri .lillbq, excepti•:iiitb prinr'virittin'
.bY'P.r�ons: dusgristi.a:'bY�:' coi+■:ftitt. j:• �•
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'ii ;bY .The cisaititji. ' % in. detei�idninq fhi
ii sdva
?' `q oei!`CY ;host :iinh':laprbvaiNist;.: Caaw ttas „shall �coaiidir O ;• . ,.!'
- future . isoroi nts':'oei sdjaceikkVrbpdrty;: ;
of adja'centi.p> ;operty owners':. '�irid ot?iisr''.waeletsry , =';'•
=r' ; .:.or:;>ts •• i't��i:coilsidira ibn1� ai 'it.IaY..•iiees �appzopriati.: _ .
i'•(y . ".i i• \�'-.� '� Aoa ;� :'.• Y1/MM��iwV AMY Y/aAiiW • �u: �w iaC� .ar�ai • • . • , y .
'`" '.', ' ?3 , -��ali ttywcticel' i 1►11' be piowptly Ito tbsis
tion ii�d aipl�riti�d. iu astiive ": excspt . *%ure .
\
by 011
`extirioie livLr areas;:. 'periiattwa only, .
: ,,,;; : i ter' :tht:p1�Y1s' tbirelar' aliall` ha" b+ip :sppraved' T:y
7Utin.. RiCt1I�iM � ' loo -auucture,'aesigned' !or'
cc tiuctad'.t111e:{ Vie aggreg `
%•'` 'n dhss,,,. -baieWavits' carports and
`. -.ar ;•.: encivsivs o! open Par ..
c , ♦.
;<�.;'• ; • xgsragef;,': slwll.: 2ie`• :in . excesi ' ot; 90a sq"re feet..'
eet. • ft* ddliaittee
`s 11” "t tron' :the:'diiLO A Of -_ the .tilptov"Gnt Tether an •
:;? = ' ~ "s s!ib:':wbi'cb:;is; rtis•1'ly be;lo�r: drsde' iha'11. gw.11iy as arnip - tobbe•
+.,
�ided':r1tht : the a r.ea .. ;
?pJlaX If11NSS:., Ifo inotd: .name.. or caatt,inatioel
t o k1 pur ei.'a
bout
' : ..�:�- 'cX�'r,�eo�,sli:ll..•bir • .d ', id ts�sy. 'lour' cw�.r C1ai A °!:. .. ' .. •
:�itivctiari0 :1 i4iineis. °q '•iari ► ice" iff' Vail. Village, = ti:rst riliaq,
tau: ,saw,'shall =.bive bsari l4rst' appr ♦ rived 1A - writln .by The'.
13. T1i**MRY':STRVCTOM. ' No teapoiary structurq,
-` "''�` • skeet atiaw.. btee�nt, -trfilsi- or. tent' ihall peynnitted its Vail
.k ..t?: _ "9�.. SI.�.L' '': S "• is t • .�y�' ;r: a �'y: t. • a ♦ . i. xJ...!... _ -:�. ;r : .:p:i..... _ fi
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• ' ♦ t.'.• • • �/: •' • "•.� r : iris .S \. •. \'
lj % :f ;:`7 i•,-. :r A. .: .r•' :ti ;�� '1:• .. 'i. `YE ills . -�� �'
`y . . �. Vi�faq�:.. �>< air�it�>' ti�fiq;,: �vicipt •si r :tisy� bo•'nocossaagr�.gdr • ccA�*' '•:
K ' ;`• `.s Err netivor:•aiik4si �ia'rJLVAd,by''i'Aa,'CaiintZtii
AJ, Vii! r ,;l•. •• , jv. • - ..y' _ .. _ •
; • ti . ;:; .::: :!; 14 : % ^AWN300Y't� OP T>�DCltOR :.Xll�"
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r ,
~:;; ,,� • el:�1 t�j't�'EO° Cplatioli �d , aioAtLi:` .
axeipt th'.�isiltti�=i
r= ;''i _;�, `l�:' ' •:t�iii;: o' "saiicibaia = careoltiiw aeiv►ity • tip - �t
sasix -b: 6&eklim3'am. �_.3iaii a +o4 14" o0e:.p:*Lttpe`'
ll Caastiitubic i 'public :ianisatr •''1A i/+�il Villa�;� Tirr�t ,. t.':
. or Othoi batriers shall' t
��� 1 ; ;a' . f. w ' • c' 16 .: '. . >t�CSi. • p0 fasrtcoN . q lis :• - : , ,
itt il• •l+ i: ibis . o! ;as4cicai br :da�aarc�a Y
r
b616ill riia.:
., bum Tw o .. coxam.i . ?him
' OO ti I' / '• .
:': :;� %le"irictiool -46tipuliticpi:: agieaiinAts and'.00innantic.- cchtalwKn �; • '
the behefit 6i. a'nd'*blrALnV: igw.mn:."4bi
Yrllrag ,,•: l$VSV.lil", AM lb&ih owner. , 09. 1 . Ay t�f.r►, • �!. •`, . .
saCC�psora, 7 rep
resentatives ianet' ai� iq>aa.. aad sbail :coatia�M
*� 'a•;= `, ;:; ; �' :, p ;loll. !+i>a'ca",�>rid inf ect 6t4 -.January', ;.19ly; . i rhl�h •tie!• .
"' }' ' tbaY; i ii iii : s>nt itieai�y - extend"." #or S suediisiiir tasir of
:i1 +.• A• '�:• ;.::; ::•' ', :.' °, •lA'. . 71�IIdfT: ��Sba caaditiats,:"rast�lctioni,' *t3,p�t - '. '
ti . and' covaae:ats<ta ' icaotain" babolh..'shall . not'.
_•:.. '
' 'b�i''.wirl►ad ' ' 'oar asfiae vrittaA: }
lea: b!'.757 aot tUi ,pFivatity i*n4 lased in
''bbari�ariyis... of Vass . Vill a, Pii*t tiling; ,
"y OWn . bo sbbft by t!" 1plat c6 • tile' in* 'thi - office
4 as• -' �.:: . ol;`•tbti' Clislc .'aim ilscbdrdas .ol : >a la . Cc�aEy; ColoraQo: -
'any yarsoii'ibill violati,or•
otliti :44,4 : o� . tl+i prov•t s a; ms oC O" '1>Mtrtvlient .
ls�rfsil tor'= ai><y. �irsoi or• potscni eal
tY
]rap�s.'iA.1/a11'111Ll ige; •It,liiiq; inetltyte p ii$i>na':.
. at..ls,: or;iia. ' opiity . to ea R'.n "cv tM • prowlsloaW of , this: ,Lnstriu - : ' • f;
'�'` ' `.` ' '' , •':�. mat::' to: rrstraiA' U4; peradh vidatingr or: tfikiaiintii to
f f+ =:: . viglat!'t?>tim,. dad to reed ^vc�z aaaiag*s, actual. and 'putaiitiVl;.•:tar:
r•s • '! +w.fa,ti:_. ._.. .•.. • .-,i: • • .a•, n •... t jT• . .-: �.�..,...,...'N:'�tt••�•- �''7;' '.v-- i►, -.♦. -: .r,:.:
r te •.. (':' .'F'. R7 %'- •y'�i!�':'•y'v • f t�',•i?syi:
Vail Crossroads Reinvestment Study
October 2006
Documents demonstrating "Existence of Conditions that Endanger Life or
Property by Fire or Other Causes" and "Buildings that are Unsafe or Unhealthy
for Persons to Live or Work In"
•
M�ctl�i(;nx4i.. 23
Oct -03 -06 03:04x., Frc- -TORN OF 'JAIL COLW;41TY GPELOPMNT 9704792452 T -479 P 007 /021 F -745
42 West Meadow Drive mail Fire Depamnent
mail, Colorado 81657
970- 479 -2250
September 18, 1997
Maxine Miller
Crossroads «'est Condominium Association
143 East Meadow .Drive
Dail, Colorado 81657
Fax (970) 476 -8293
Re: ,Retroactive Fire Sprinkler Issue
Dear : 1 y1axine;
As a result of the meetings between you, .Sill Pierce, ChiefDuran, and tnyself, we thought it best to t ry
and lay out the issues as clearly as we can_ It is not out intent to scare anyone, but to simply explain why we
have expressed our opinions in such strong and unwaivina terms
The Crossroads West building poses several challenges from a fire fib hting tactical standpoint.
Access; the type of construction, the building he;:gh4 the combustible maeriorfinish, limited egress, limited
fire hydrant locations, and interior modifications, some of which may not have been made within the
perimeters of applicable building and fire codes, contribute to the aggregate effect
Sections A, B, and C are currently accessible from the east and west sides, given some limitations of
ladder truck access due to landscaping on the east sides The D a n d S towers are virtually inaccessible front
the east and south sides due to the setback distance from where we can position aerial apparatus. The
Proposed reconfiguration of the parkin; lot will 9nly serve to reduce the access. Even under the current
configuration, the D and E towers are too far frcill the parking lot to be able to effectively set up and operate
serial apparatus.
The type of construction poses a significant threat to the survivability of the structure in the event of a
Fire. While some sections of the buildlnb may have met the codes tinder which it was built, clearly the highest
7ortions are not and never have been within the , 7jnirations of the codes as to the height and type of
:onstruction for a residential building. At the time Crossroads was built, there was not a building department
?!Thep within the Town of [email nor Eagle County. Inspections were conducted by the State of Colorado and
`ew inspections were conducted within Eagle County. 7 workload of the State inspectors limited their
nvolvement to schools and hospitals only.
:rossroads West Building Assessment page 2
Oct -03 -06 03:04p- Frc7 -TORN OF 'TAIL COWAITY GE:'ELOPIENT 9704792452 T -479 P.008 /021 F -745
Codes throughout the country have for many years required a minlmum of two exits from upper
floors Crossroads West does not have the req aired secondary means of egress from the residential portions.
The concept that someone could seek refuge b_y standing on a balcony is not valid The glass on the sliding
doors should not be expected to last more than 10 minutes when exposed to a ft`r� Tlie rate and a mount of
toxic smoke production normally produced by a residential fire would be deadly to an }tone exposed to it for
suclt a tell Ininute period The probability of rescue within a ten minute period is low, due to the fact it takes
about 20 - 30 minutes for off duty personnel to be paged; respond, and set up an aerial apparatus. Even then,
we can only position the ladder to reach one bcicony at a time.
The existing stairwells are open to the exterior with little or no physical security. The send- enclosed
chase from the second floors and up, only tend to turn the stairwell into a chimney in afire. The enclosed
areas of the stairways also provide some poten rial degree of "cover " for anyone attempting to engage in
criminal activity. The wood siding within the stairway has been aging and drying out since its origi
installation. Any fie that were to breakout into the stairway would literally climb rip the interior surface of
the stainvay at a horrific and deadly speed
The number and locations of fire hydrants in the brrmediate area are of concern to the Fire
Department as welt With, the fire hydrants are? under the "control" of the water district, can and do
make recommendations as to location. The rec9mmended locations, additions, and changes are a function of
capitol priorities as set forth by the water district We have lost one hydrant across the street front Crossroads
and it has not been repluced ChlefDuran did look into the issue and according to the water district, the
"average" cost of installing a new fire hydrant is estimated to be about $3.500. An additional fire hydrant
would be potentially helpful
The interior modi fications we refer to include the addition of lofts, saunas, conversion of storage areas
into sleeping quarters, and similar changes that have occurred over the years. We have become aware of
these conditions by virtue of having been inside some of the units during alarm conditions, an occasional fire,
and the occasional medical call
JVe have not taken action to require abatenent of these conditions to date, primarily due to what seems
to be a perpetual train ofproposals and series oj' "stated intents" to remodel, reconfigure, or otherwise effect a
change in the building and site As we have malty times expressed, any changes may and probably will, result
in compulsory compliance with certain code requirements.
Under the provisions of the Town of Yale :'!✓funicipal Code, no changes in the building (or access to it
as it affects fire fighting operations), may be nta1e that result in a detrimental effect, without proper
initi4ation. Appendix 1, Chapter I of the 1991 edition of the Uniform Building Code atnd Appendor I A,
Division 1, of the Uniform ,Fire Code, both address certain issues applicable to existing buildings. Neither
appendix specifically requires the retroactive installation of fire sprinkler systents_ However, the code does
oblige the chief administrator of the respective c9des to enforce the provisions once they are aware of
violations.
Kolations identified at Crossroads West include many of the issues that limit the Fire Department's
ability to access the building and fight afire. The lack of a second exit is perhaps the foremost violation. The
wood siding within the stair?ow is a violation. The mere existence of the forth and fifth floors in the
building appears to constitute a violation.
Crossroads West Building Assessment Page 3
Oct -03-06 03:04p�i Fro:, -TOnN OF 'JAIL COM .LAITY DE 'JELORENT 9704792452 T -479 P 009 /021 F -745
Remedies do exist for some of the violations, but to require the physical removal of one or two entire
floors does not seem practical or reasonable, O'specially when a viable alternative already exists, The Fire
Department has for many years, held a philosophy that we are open to .solutions that provide an equivalent
level of safety. The codes also allow for "engineered equivalencies Our experience has been that nothing
short of the installation of fire sprinkler systeiiis, even retroactively, can adequately meet the intent of the code
provisions orprovide theproper level offire s,zfety; meet the technical requirements of an "engineered
equivalency, " orprovidefor an effective and cost efficient solution.
We are therefore, asking that you consider the opportunity to voluntarily install afire sprinkler system
throughout the residential portion of Crossror.ds West. As we have noted, the building already has most of
the infrastructure in place to facilitate such a program. The water mains, fire control valves, and related
features, that normally average 20% of the cost of a retro- installation, are already there. Two condominiums
have already been retrofitted and the lessons learned from those owners can be applied to the Association's
advantag a
Tile Fire Department will con111lit to gi>>ing you whatever assistance we can, within the limits of our
ability, towards explaining these issues to the membership, advising you oil what processes other associations
have followed, and give you the benefit of our experience in retrofit programs.
The Association should also be aware, it is our intent to enforce the provisions of the code that
prohibit any than; es to the complex that are detrimental to the life safety of the occupants. We cannot allow
a reconfiguration of the parking lot that reduces fire access, cannot allow any expansion of square footage, or
any other projects that may have a negative effect, without a commitment to install afire sprinkler system.
Several other buildings in mail are currently in one of the various stages of fire sprinkler retrofit programs. It
appears to its that the Issue will not go invay on its own. We anticipate a legally binding order to retrofit may
be forthcoming and as sit m
ch, is only a matter of tie; how long we don't knows, but more and more projects
are retrofitting each year.
,Please do not itesitate to contact its ifyou wish to discuss this issue more, We will make ourselves
available upon request. Thank you for your interest.
Sincerely,
Michael hfcGee
Fire Marshal
cc: Chief Duran
Asst Chief John Gulick
Insp. J'effAtencio
Bill Pierce
Oct -03 -06 03:07pi Frc- -TOA OF 'TAIL COWINITY CVELOP1ENT 9704792452 T -479 P 018/021 F -745
4VAVIL
TOWN
42 If est Meadow Drive ,.® Vail Fire Department
Vail, Colorado 81657
970- 479 -2250
May 18,1998
Crossroads of Vail Condominium Association
Att: Charles II. Anderson
Frances A. & Michael T3! Sheilds
6 S Lane, Cherry Hills Village
Englewood, CO 80110
Re: Fire Sprinkler Retrofit
Dear Crossroads of Vail Run Condominium Association;
It has eume to our attention that certain elements and conditions of the Crossroads of Vail Building
!orated at 141 li*'est Meadow Drive, Vail, Eagle County, Colorado, 81657, are not to compliance with the
ntinintum code requirements as set forth in the Uniform Building Code and Uniform Fire Code, as adopted
by the Town of VaiL
Pursuant to the provisions of the Town of Vail !!Municipal Code, Title 10, Sections 10 -1 -2:8 and 10 -1-
3, Uniform Fire Code, 1991 edition, Part VIII, ,Division 1, Appendix 1 -A, such conditions as exist, constitute
a distinct hazard to life and property and as suet' :, must be abated, remedied, corrected, or mitibated through
the installation of appropriate fire protection systems and devices.
It is the Fire Department's opinion - that the retroactive installation of a properly designed and
installed fit -e sprinkler system and appurtenances, would be the. most effective means to mitigate many of the
conditions considered detrimental to the life safety of the occupants. Additional measures ntay be required
Any permit for remodel, renovation, or related activity will require the installation of afire sprinkler
.system within the permit area and completion will be required before the issuance of a Certificate of
Occupancy or Temporary Certificate of Occupancy,
The Town of Vail Municipal Code requires plans be submitted within 18 months of notification,
contained herein, and for completion of the wore within 18 months thereafter: We would like to see sonte
progress and plan development started before this fall and ►vurk proceed without undue delay. O«r desire is
to see the entire building retrofitted with an approved fire sprinkler systent within the next 12 to 18 months.
Oct -03 -06 03:08F- Fro^ -TOnN OF PAIL U14U41TY DEVELORENT 9704792452 T -479 P- 019/021 F -745
Crossroads of Vail
.Page 2
We are available to discuss questions, 4lternative and procedural aspects ifyou so desire. Please
contact either Chief Dick Duran, Fire j'�Iarsha (Mich ael A1cGee of Chief Building Official Gary Goodall if we
may be of assistance
Sincerely,
Michael iVeGee
Fire Marshal
(970) 479 -2135
CC; Chief Duran (970) 479 -2252
Charlie Davis, Building Inspector
Tom Moorhead, Town Attorney
Robert �VcLatiritt, Town Mana8er
1 I
Gary Goodell
C1defBuildln, Official
(970) 479 -2321
Oct -03 -06 03:04p.-i Fray -TOeN OF ,FAIL C044UN ITY GEVELO ?GENT 9704792452 T -479 P- 006/021 F -745
TO WN OF
Vail Fire & . Emergenvy Services 42 West Meadow Drive Vail; Colorado 81657 970 -479 -2250
December 8, 2000
Crossroads of Vail Condominium Association
C/o Steve Stafford
Slifer 1Vlanagenient Company Inc.
143 East Meadow Drive, Suite 360
Vail, Colorado 81651
Re: Fire Sprinkler Retrofit Plan
Dear Crossroads of Vail Condominium Association:
Vail Fire and Emergency Services wishes to remind the Association the time line for completion of
the fire sprinkler system in Crossroads West is still binding.
According. to our records, the Association was officially notified as of June, .1998. We have received
bid plans from B.1~ P.E. and have approved th,3 plans in terms of meeting the intent and scope of the
requirements. Shop drawings are still requirea' from a licensed contractor in order to obWn a valid permit
from the Town of Vial.
Tlie association has met the initial deadline within which plans were required to be submitted. The
next deadline is June, 2001, by which time the entire fire sprinkler retrofit system should be completed. As
we have experienced with the backflow preventor project, contractors tend to become busy as the building
cycles progress. Contractors are now bidding projects for the spring of 2001. We highly recommend the
Association seriously consider moving forward in soliciting bids and contract negotiation.
Please contact us if we may be of assistcnce.
Sincerely,
1llichael -41cGee
Deputy Chief /Fire Marshal
(970) 479 -2135
cc: Chief John Gulick
Gary Goodell, Chief Building Official
Tom Moorhead, Town Attorney
Oct -03 -06 03 :03pi Frc7-TOONI OF VAIL COW.LNITY OEVELOMNT 9704792452 T -479 P_003 F -745
TOWN OF VAIL
Vail Fire & Emergency= Services 42 West jeadow Drive Vail, Colorado 81657 970- 479 -2250
April 16, 2003
Crossroads of Vail Condo Association
C/o Steve Stafford, Slifer Management
143 E. Meadow Drive
Vail, Colorado 81657 - —
Re: Enforcement Actions
Dear Sir:
In response to your question regarding possible enforcement actions as a result of failure to comply
with tine fire sprinkler retrofit, it is essential to note any penalty would be deternuned by the Municipal
Court upon a finding of guilty.
It is our expressed intent to try and avoid having to file charges and subsequent prosecution. We
have endeavored to find equitable solutions, worked towards incremental improvements, established
timelines, and honestly spent a considerable ariount of st4gff time and effort towards resolution. However
there is a limit.
In the event the Association at large proceeds }vith the retrofit program and we find certain portions
of the property are excluded from the Contract, I can only anticipate we will need to contact those owners to
determine their intent. In the event we are unvble to establish a clear and demonstrable intent to comply
with the orders issued in June, 1998, in as much as we have documented correspondence, held meetings
with the Association, met with individuals both in support and in opposition to the retrofit program, dating
back to December, 1996, September of 1997 and .Lune of 1998, and whereas the applicable section of the
referenced code required compliance within three years of notification, and whereas the deadline has well
passed, I see no option other than to proceed with strict enforcement actions.
The Town of Vail Municipal Code adop's the 1997 edition of the Uniform Fire Code with
amendments, under section 10 -1 -2: CODES ADOPTED BY REFERENCE:
B. Fire Code: The Uniform Fire Code, 1997 Edition, volumes 1 and 2, and
all appendix chapters thereto, is hereby adopted by reference - The
Uniform Fire Code, 1997 Edition, is published by the International Fire
Code Institute, 5360 Workman Mill Road, Whittier, Cahfornia
90601 -2298.
Within the Uniform fire code, there are two significant sections that deal with failure to comply.
The general penalty section under Article 1, Section 103, Subsection 103.4.4, states in pan:
Oct -03 -06 03:03p.l Fro -TORN OF VAIL COWUN ITY DEVELOF*NT 8704782452 T -470 P.004 F -745
sire Guae i municapai t,•oue
Page 2
" 103.4.4 Citations Persons operating or maintaining an occupancy, premises, or vehicle subject to this
code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy,
premises, or vehicle when ordered or notified to do so by the chief shall be guilty of a misdemeanor. n
Tine second penalty section as it pertains to this situation is in the Uniform Fire Code, Part IX,
Appendices, Division 1, Existing Buildings, Appendix I -A, Section 1, subsection 1.2, and reads in part..
" Effective Date. Within 18 months gfter the Effective date of Appendix I -A, plans for compliance shall be
submitted and approved, and within 18 months theregfter the work shall be completed or the building shall
be vacated until made to conform.
Other sections of the Uniform Fire Come allow the Chief to order the use of a portion of the building
to be evacuated (Article 1, 103.4.1.3) and allow the Chief to order abatement (Article 1, 103.4.5).
In as much as the Uniform Fire Code has been adopted and is part of the Town of Vail Municipal
Code, it should be noted the penalty section of the Municipal Code reads in part, as follows:
"1 -4-1: GENERAL PENALTY 1
A. Violation And Punishment.
1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements
of this Code. Unless otherwise specifically provided, any person eighteen (18) years of age or older
violating any section of the Town Code shall be punished by a fine of not more than nine hundred ninety
nine dollars ($999.00), or by incarceration not to exceed one hundred eighty (180) days or by both such
fine and
incarceration. "
It is not within the scope or authority for Vail Fire & Emergency Services to dictate what penalty
assessment the Court may impose upon a finding of guilt % It is within our scope and authority to enforce
the code. The Town of Vail Municipal Code is available on -line at http://ww)v.vailkov.com /, where the
penalty section of the Municipal Code may be retizewed.
Please contact me if you need further explanation or you may contact Chief Gulick at 479 -2253 or
Town Attorney Matt Mire at 479 -2107.
Sincerely,
Michael McGee
Deputy Chief / Fire Marshal
Cc: Matt Mire, Town Attorney
John Gulick, Fire Chief
Oct -03 -06 03:05p.-I fro- -TOnN OF VAIL CMUNITY CEVELOPUENT 9704792452 T -479 P.010 /021 F -745
TOWiV 01= VA
Vail ,Fire & Emergency Services 42 West Meadow Drive Yal4 Coloradu 81657 970 -479 -2250
April30, 2004
Dean Taylor
1625 arimer Street,
Suite '407
Denv: r, CO 80202
Re: Retrofit Fire Sprinkler Installation at Crossroads
Dear Mr. Taylor,
Thank you for your lever and your phone message, I understand how schedules become cre►vsled and
apologitefor the decry in respon
Ye.!rs is not the only issue still pending. As such, I must clarify a couple of issues regarding the
Cro Condondniunt Association's and the contract for the fine sprinkler system by delineating certain
chronoloc gal and detailed events.
As you know, several years ago, the Towsi of Vail issued an order to comply with the Fire and Building
Code. The plaits and specificatiuns for the Crossroads West retrofit as developed by Jim Buckner with Morter
Architects and Perry Mathews, P.E. with B.F-P .K, a ftre protection engineer, were fairly comprehensive,
reviewed and approved by Vail I ire & Emergency Services prior to going ota to bid.
The project was reviewc'1 In detail with a representative from Evans Chaffee ever the course of .-everal
meetings, l understand Evans Chaffee had seve.•al additional meetings with subcontractors. It ap pear. 4,
based on'the discussions with Evans Chaffee, their scope of work reflected all the items and elements
necessary to meet the compliance crder as' well
During yours and my discs...., ion, I did state it is the desire to have change orders reduced to a
minimrm by virtue ofcareful and conprehensive plan ning. Based oil information given to us by property
owners, contractors, designers, and architects, we believe a general statement can be made tljai an additional
10% in plan development often results in 2076 - 0% savings in change orders. It has been suggested a S% -
10% allowance should be made for inevitable issues not readily identifiable in a retrofit We have been in
aneetir.gs wherein the property owners, owner's iepresentatives, and others have agreed that change orders
resulting from unforeseen elent: -nts would be charged back on a tune and material (T &M basis,
I air not aware whether Z.- ossroads had such an agreement w ith the contractor or not.
With respect to Crossroads Management's ltltderstandin� o� spec ications as they relate to fire , ;stn
and fs. sprinkler systems anal lssues• related to a retrofit, I cannot continent. Steve Stafford indicated Slifer
?Nana;, - anent and the Assocktion were cornfortaNe with their decisions.
Oct -03 -06 03:05pi Fro. -TOeH OF VAIL COWUN ITY DEVELOPANT 9704792452 T -479 P 011 /021 F -745
Page 2
I was asked by Steve , Stafford early in the process to review three bid packages in terms of conil;: -ace
with the intended scope of A%-project. Each package was submitted.by a general contractor.
All three proposals faii2d to include si,fficienl detail to make a reasonable determination. I sr - Bested
each of the proposals needed lobe revised. I never dirt see nor did I need to see the contract with either Evans
Chaf' or,R &R and Habitats T31"est or any other civil instrument signed by McAssuciation.
After the installation of the fire sprink4er began, ive had a discussion with representatives of
Wes: regarding the requirement to address the flatne spread in the stairwells. The agreernent and
specifications required the wood s ng in the A, C, and C towers be either replaced with a material with ' a
Clw.s A flame spread or treated with an approved fire retardan4 Habitats West asserted that was not in their
coj;:;•act and Slifer ntartab ement alleged treatment of the stair towers was not in the "fast phase" of the work.
We ;iad to make it perfectly clear;, o Certiftcate of Occupancy or Final Inspection could be issued iudays the
slam towers were addressed
Additional issues regarding the locatioa of the fire department connection and the feeder pipe arose
whe;i the general contra was told a change in the plans to relocate the supply pipe from the interior to the
exic. would require approval from the Desi it Review Board Again, Habitats West contended a; y soffit
enc: sure around the fire department connection pipe was not in their original contract or bid
.Late in the project, an issue came tip regarding the required upgrade to the existing fire sprinkler
system in the contrrtercial areas and Tower F— The applicant also indicated the requ irements to address
existing deficiencies in the theater and the grocery store were not included in th eir bid I did furnish Stcve
Stafford a copy of the first page of the specifications written by Perry Mathews, P,F-, which included those
elements being debated between the property owners and the contractors. I have not been asked to comment
on an v subsequent issue(s).
While it is within the scope of my office to try and answer questions of the property owver an-
applicant', it is not within our scope to get involved in the selection of a contractor or how any cond ;:ninium
association decides to assess the meinbers for work in limited or limited common elements. It is our desire to
actual-'Y avoid any involvement in such matters Likewise, I cannot execute agreements with contractors
regard ng limitations on pricing, change orders, cost overmans or return offtuids. That is clearly beyond our
author' y and such actions could rite construed as unethical and illegal as it relates to restraint of tr :?de. I in
fact, k: le no such agreement and never have had such an agreement as Fire Marshal, with an cu..:. actor.
i�ith respect to the Association's election to change general contractors, again, Vail Fire &
Ernergc . y Services had no role or input on that decision. We were merely the recipients ofsuch
information. It was explained to me the reason: for the change in general contractors was a significant
difference in the contract price. It may be presumptuous but it appears at least some of the d fferEtt ce in price
was due to a perceived d ffereace in the scope. Evans Chaffee appeared to have all the elements required by
the Town of Vail in their proposal whereas Habitats West did not I did not have any meetings with t. -e
second contractor prior to the Associn' ran terminating their relationship with Evans Chaffee and
subsequently awarding the contract to .R& R.
Oct -03 -06 03:0471 Fro- -TORN, OF VAI L C. 4!J91TY DEVELOPPENT 9704792452 T -479 P.012/021 F -745
-,, --
Page 3
There ;,as discussion betty :en Steve Stafford, Habitats Weal, a subcontractor to R &R, and the ,Fire
Department regarding the scope of the work. This discussion did not occur until the end of /it e first ph,:;e,
Jf?ien I asked Dave Peters with Habitats West abotd the additional work required to Incet the complianCc
order, lie indicated it was not in the scope of hg's contract and he disavowed any knowledge of the remaining
elements needed to comply with the Fire and Building Code.
Crossroads Condominium Association has not yet complied with the orders issued by the Town of V#1
nor - ave they completed the work ideutlfted in the scope and sequence of the plats and specifications as
deve ' °.)ed b }1 Bucker and iVathews and appramd by the Fire.Department
As jar as Mr. Noble's en vironmental assessment, I understand this is a normal procedure in real
ester: r ; ratisactions and is required and paid for by parties other than Vail ,Fire & Emergency Servic, s.
, ^s we also discussed in our meeting, I do believe reasonable people can make reasonable dec.,;ions
giver:.. -.: ; ! cute information. 1 hope and trust t.4e issues identified in your letter of February 24, 1004, will be
resolve - ;teilveen the Association, the members, and the contractors in an equitable and expedient manner.
I wish you a speedy recovery and look forward to your next visit.
Sincet•t:iy,
,1?ichael McGee
Depmy Chiefl Fire .Marshal
Cc; Fire Chief Joltn Gulick
Fire Prevention Off cer tliike Vaughan
ChiefBuilding Official Charlie Davis
Mait iVire, Town Attorney
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 11, 2006
SUBJECT: A request for a recommendation to the Vail Town Council that the Crossroads
Reinvestment Plan is consistent with the Vail Comprehensive Plan. The urban
renewal area within the Crossroads Reinvestment Plan located at 143 Meadow
Drive /Lot P, Block 5D, Vail Village Filing 1
Applicant: Vail Reinvestment Authority
Planner: Russell Forrest
SUMMARY
The Vail Reinvestment Authority is requesting that the Planning and Environmental
Commission find that the Crossroads Reinvestment Plan (Attachment A) is consistent
with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the
redevelopment of the Crossroads project by removing or curing covenants that may
impede redevelopment. Staff is recommending that the Planning and Environmental
Commission find that the Crossroads Reinvestment Plan is consistent with the Vail
Comprehensive Plan.
IL DESCRIPTION OF THE REQUEST
The applicant, the Vail Reinvestment Authority, is requesting that the Planning and
Environmental Commission make a recommendation to the Vail Town Council that the
Crossroads Reinvestment Plan is consistent with the Town of Vail's Comprehensive
Plan. This Crossroads Reinvestment Plan ( "Plan ") has been prepared by the Vail
Reinvestment Authority ( "VRA ") for adoption by the Vail Town Council of the Town of
Vail pursuant to the provisions of the Urban Renewal Law of the State of Colorado,
Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to
satisfy the requirements of § 31 -25 -107, C.R.S., that an urban renewal plan be adopted
by the governing body of the municipality before an urban renewal authority undertakes
an urban renewal project.
III. BACKGROUND
The Crossroads Project includes the construction of 69 condominium units, a 338 space
parking facility, and retail facilities. The Crossroads Project includes substantial public
amenities including a public plaza and skating rink, a three screen movie theatre, a ten
lane bowling alley, additional parking spaces beyond those needed for the Project, and
substantial public art, along with other features of benefit to the Town. Certain obsolete
restrictive covenants cloud the title to the Crossroads property and prevent financing of
the redevelopment as proposed. It is necessary to remove these obsolete restrictive
covenants in order for the redevelopment to proceed. This Crossroads Reinvestment
Plan ( "Plan ") has been prepared by the Vail Reinvestment Authority ( "VRA ") for adoption
by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal
Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. The
approval of this plan would allow an Urban Renewal Authority District to be created and
facilitate the removal of the obsolete restrictive covenants
I>J
To create an Urban Renewal Authority district certain conditions of "blight" must be
found in the area. The blight definition in the Urban Renewal Law defines conditions that
can impair the sound growth and development of a municipality. A blight study was
prepared in October of 2006 by Matrix Design group entitled "Vail Cross Roads
Reinvestment Study (See Attachment B). There are 11 categories of blight as defined
by State Law. Seven blight factors were found at Cross Roads including:
• Slum,
• deteriorated, or deteriorating structures
• Unsanitary or unsafe conditions
• Deterioration of site or other improvements
• Unusual topography or inadequate public improvements or utilities
• Defective or unusual conditions of title rendering the title non - marketable;
• The existence of conditions that endanger life or property by fire or other causes
• Buildings that are unsafe or unhealthy for persons to live or work in
ROLES OF THE REVIEWING BOARDS
The Planning and Environmental Commission is required by state statute to make a
recommendation to the Vail Town Council on whether the Crossroads Reinvestment
Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the final
decision making authority and will be asked to consider the approval of a resolution to
adopt the plan.
V. APPLICABLE PLANNING DOCUMENTS
The following are applicable components of the of the Town of Vail Comprehensive Plan
which relate to Cross Roads proposals and were used in the evaluation of the Cross
Roads Special Development District.
A. Vail Land Use Plan
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies
are relevant to the review of this proposal:
1.0 General Growth /Development
1.1 Vail should continue to grow
maintaining a balance between
recreational uses to serve both
resident.
in a controlled environment,
residential, commercial and
the visitor and the permanent
1.2 The quality of the environment including air, water and other
natural resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the Town
leaders should work together closely to make existing facilities
and the Town function more efficiently.
2.3 The ski area owner, the business community and the Town
leaders should work together to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more
efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core / Lionshead
4.1 Future commercial development should continue to occur
primarily in existing commercial areas. Future commercial
development in the Core areas needs to be carefully controlled to
facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
k�'
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
According to the Official Town of Vail Land Use Plan map, the applicant's
proposed redevelopment site is located with the "Vail Village Master Plan" land
use category. Pursuant to the Plan, the "Vail Village Master Plan" land use
category description,
Staff believes that the application complies with the goals and objectives
identified above.
B. Vail Village Master Plan
Staff believes that the following stated goals of the Vail Village Master Plan are
applicable to this application:
Goal #2: To foster a strong tourist industry and promote year - around
economic health and viability for the Village and for the community as a
whole.
Objective 2.4: Encourage the development of a variety of new
commercial activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with
established horizontal zoning regulations shall be
encouraged to provide activity generators, accessible
greenspaces, public plazas, and streetscape
improvements to the pedestrian network throughout the
Village.
Policy 2.4.2: Activity that provides night life and evening
entertainment for both the guest and the community shall
be encouraged.
4
Objective 2.5: Encourage the continued upgrading, renovation
and maintenance of existing lodging and commercial facilities to
better serve the needs of our guests.
Policy 2.5.1: Recreation amenities, common areas,
meeting facilities and other amenities shall be preserved
and enhanced as a part of any redevelopment of lodging
properties.
Policy 2.5.2: The Town will use the maximum flexibility
possible in the interpretation of building and fire codes in
order to facilitate building renovations without
compromising life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing
units through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as
part of any new or redeveloped project requesting density
over that allowed by existing zoning.
Policy 2.6.2: Employee housing shall be developed with
appropriate restrictions so as to insure their availability and
affordability to the local work force.
Policy 2.6.3: The Town of Vail may facilitate in the
development of affordable housing by providing limited
assistance.
Goal #3: To recognize as a top priority the enhancement of the walking
experience throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall
incorporate streetscape improvements (such as paver
treatments, landscaping, lighting and seating areas), along
adjacent pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate
locations throughout Town.
Policy 3.1.3: Flowers, trees, water features, and other
landscaping shall be encouraged throughout the Town in
locations adjacent to, or visible from, public areas.
Goal #4: To preserve existing open space areas and expand greenspace
opportunities.
E
Objective 4.1: Improve existing open space areas and create new
plazas with greenspaces and pocket parks. Recognize the
different roles of each type pf open space in forming the overall
fabric of the Village.
Policy 4.1.1: Active recreation facilities shall be preserved
(or relocated to accessible locations elsewhere in the
Village) in any development or redevelopment of property
in Vail Village.
Policy 4.1.2: The development of new public plazas, and
improvement to existing plazas (public art, streetscape
features, seating areas, etc.), shall be strongly encouraged
to reinforce their roles as attractive people places.
Policy 4.1.3: With the exception of ski base - related
facilities, existing natural open space areas at the base of
Vail Mountain and throughout Vail Village shall be
preserved as open space.
Policy 4.1.4: Open space improvements including the
addition of accessible greenspace as described or
graphically shown in the Vail Village Master Plan and /or
Urban Design Guide Plan, will be required in conjunction
with private infill or redevelopment projects.
Goal #5: Increase and improve the capacity, efficiency, and aesthetics of
the transportation and circulation system throughout the Village.
Objective 5.1: Meet parking demands with public and private
parking facilities.
Policy 5.1.1: For new development that is located outside
the Commercial Core I Zone District, on -site parking shall
be provided (rather than paying into the parking fund) to
meet any additional parking demand as required by the
zoning code.
Policy 5.1.2: The expansion of the Vail Village parking
structure shall maximize the number of additional parking
spaces available for public parking.
Policy 5.1.3: Seek locations for additional structured public
and private parking.
Policy 5.1.4: Continue to promote the lease parking
program as a means for maximizing the utilization of
private parking spaces.
(W Policy 5.1.5: Redevelopment projects shall be strongly
encouraged to provide underground or visually concealed
parking.
Objective 5.3: Concentrate the majority of interconnecting transit
activity at the periphery of the Village to minimize vehicular traffic
in pedestrianized areas.
Policy 5.3.1: The Vail Transportation Center shall be the
primary pick up and drop off point for public transit and
private shuttle vans and taxis.
Objective 5.4: Improve the streetscape of circulation corridors
throughout the Village.
Policy 5.4.1: The Town shall work with the Colorado
Division of Highways toward the implementation of a
landscaped boulevard and parkway along the South
Frontage Road.
Policy 5.4.2: Medians and right -of -ways shall be
landscaped.
Goal #6: To ensure the continued improvement of the vital operational
elements of the Village.
Objective 6.1: Provide service and delivery facilities for existing
and new development.
Objective 6.2: Provide for the safe and efficient functions of fire,
police and public utilities within the context of an aesthetically
pleasing resort setting.
Policy 6.2.1: Development projects and other
improvements in Vail Village shall be reviewed by
respective Town Departments to identify both the impacts
of the proposal and potential mitigating measures.
Policy 6.2.2: Minor improvements (landscaping, decorative
paving, open dining decks, etc.), may be permitted on
Town of Vail land or right -of -way (with review and approval
by the Town Council and Planning and Environmental
Commission when applicable) provided . that Town
operations such as snow removal, street maintenance and
fire department access and operation are able to be
maintained at current levels. Special design (i.e. heated
pavement), maintenance fees, or other considerations may
be required to offset impacts on Town services.
(W The Town Council on March 21, 2006 approved Ordinance 5, Series of
2006 with a finding that the proposed project was consistent with the
7
above mentioned plans which are components of the Vail Comprehensive
Plan.
VI. FINDING /CRITERIA FOR REVIEWING THE PLAN
Based on § 31 -25 -107, C.R.S the Planning and Environmental Commission shall
determine whether the Cross Roads Reinvestment Plan is in conformity to the Town of
Vail's Comprehensive Plan. The Vail Land Use Plan and the Vail Village Master Plans
are components of the Town of Vail Comprehensive Plan. As mentioned above, the
proposal was found to be consistent with both the Vail Land Use Plan and the Vail
Village Master Plan and is therefore consistent with the Vail Comprehensive Plan. The
adoption of the Cross Roads Reinvestment Plan will, if approved, remove impediments
in the form of restrictive covenants to the development of the Cross Roads project.
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission find that the Crossroads Reinvestment Plan is consistent
with the Town of Vail's Comprehensive Plan. Staff's recommendation is based upon the
review of the proposal as outlined in Section V and VI of this memorandum and the
testimony and evidence presented. Should the Planning and Environmental
Commission choose to make this finding, staff 'recommends that the following findings
be made:
"That upon review of the proposed, the Planning and Environmental Commission
finds that the Cross Roads Reinvestment Plan, as proposed, is in conformity with
the Town of Vail's comprehensive plan as stated in section V of this
memorandum. The Commission's determination of findings is based upon
review of the criteria and the testimony and evidence presented on this
application. "
Attachments:
A. Cross Roads Reinvestment Plan
B. Vail Cross Roads Reinvestment Study (Reference Only)
\r
Attachment A:
CROSSROADS REINVESTMENT PLAN
VAIL REINVESTMENT AUTHORITY
December 2006
TABLE OF CONTENTS
I INTRODUCTION ..................................................................................... ..............................1
1.1
Preface ............................................................................................... ..............................1
1.2
Background ....................................................................................... ..............................1
1.3
Definitions ..................................................................................:...... ..............................1
2 LEGISLATIVE FINDINGS ...................................................................... ..............................2
2.1
Qualifying Conditions ...................................................................... ............................... 2
2.2
Projects .............................................................................................. ..............................2
2.3
Planning Approval ........................................................................... ............................... 2
2.4
Consultation ..................................................................................... ............................... 2
2.5
Public Hearing ................................................................................. ............................... 2
2.6
Boundaries of the Plan Area ............................................................ ............................... 3
2.7
Other Findings ................................................................................. ............................... 3
3. DESCRIPTION OF PLAN OBJECTIVES ............................................... ..............................3
4. PLAN IMPLEMENTATION .................................................................... ..............................4
4.1 Property Acquisition ........................................................................ ............................... 4
4.2 Relocation Assistance and Payments ............................................... ............................... 4
4.3 Redevelopment Agreements ............................................................ ............................... 4
4.4 Interagency Cooperation .................................................................. ............................... 5
5. MODIFICATIONS TO THIS PLAN ........................................................ ..............................5
6. TERMINATION ........................................................................................ ..............................5
CROSSROADS REINVESTMENT PLAN
December 2006
I. INTRODUCTION
Preface
This Crossroads Reinvestment Plan ( "Plan") has been prepared by the Vail Reinvestment
Authority ( "VRA ") for adoption by the Town Council of the Town of Vail pursuant to
provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31,
Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements
of C.R.S. § 31 -25 -107, that an urban renewal plan be adopted by the governing body of
the municipality before an urban renewal authority undertakes an urban renewal project.
The administration of this project and the enforcement and execution of this Plan shall be
performed by VRA.
Background
The Crossroads property is located in the center of Vail Village, at 141 and 143 Meadow
Drive /Lot P, Block 5D, Vail Village Filing 1. The property is owned by Crossroads
East One, LLC, a Colorado limited liability company ( "Crossroads East One "), and is
located in Special Development District No. 39 and was approved for redevelopment
( "Crossroads Project ") through the adoption of Town of Vail Ordinance No. 5, 2006.
The Crossroads Project includes the construction of 69 condominium units, a 338 space
parking facility, and retail facilities. The Crossroads Project includes substantial public
amenities including a public plaza and skating rink, a three screen movie theatre, a ten
lane bowling alley, additional parking spaces beyond those needed for the Project, and
substantial public art, along with other features of benefit to the Town. Certain obsolete
restrictive covenants cloud the title to the Crossroads property and prevent financing of
the redevelopment as proposed. It is necessary to remove these obsolete restrictive
covenants in order for the redevelopment to proceed.
II. Definitions
Cooperation Agreement: Any agreement between VRA and the Town of Vail or any
other public body regarding action taken pursuant to any of the powers set forth in the
Urban Renewal Law, or in any other provision of Colorado law, for the purpose of
facilitating public undertakings deemed necessary or appropriate by VRA under this Plan.
Plan: This Crossroads Reinvestment Plan as it may be modified from time to time.
Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1,
which has been found to be blighted and for which the undertaking of an urban renewal
project is declared to be necessary.
Redevelopment Agreement: An agreement between VRA and a developer or developers r �
respecting the redevelopment or rehabilitation of property within the Plan Area.
LEGISLATIVE FINDINGS
Qualifying Conditions
Based on the Crossroads Reinvestment Study prepared by Matrix Design Group, dated
September 2006, and evidence presented at the public hearing, the Town Council finds
that there exists blight, as defined by C.R.S. § 31 -25- 103(2), in the Plan Area.
The Crossroads Reinvestment Study found that the following blight condition exists in
the area: Defective or unusual conditions of title rendering the title unmarketable.
Restrictive covenants controlling uses on the certain properties and other conditions of
title impair the redevelopment of the Plan Area. In many instances, covenant provisions
conflict or have been ignored by prior development.
Pursuant to C.R.S. § 31 -25 -1- 3(2)(1), the owner of the Crossroads Property, Crossroads
East One, has advised the Town Council that it does not object to the designation of
blight for the Plan Area based the presence of one blight condition.
The Town Council finds that the presence of this factor substantially impairs or arrests
the sound growth of the Town of Vail, retards the provision of housing accommodations,
constitutes an economic and social liability and is a menace to the public health, safety,
morals and welfare of the Town of Vail.
Projects
The Plan Area is appropriate for one or more urban renewal projects and other
undertakings of the VRA as authorized by the Urban Renewal Law.
Planning Approval
The Town Council has adopted a general plan for the Town of Vail, known as the Vail
Comprehensive Plan. The Planning and Environmental Commission met on December
11, 2006, and has submitted its written recommendations regarding the conformity of this
Plan to the Vail Comprehensive Plan to the Town Council.
Consultation
This Plan has been submitted to the Board of County Commissioners of Eagle County as
required by the Urban Renewal Law. The Eagle County School District has been advised
of this Plan and has been given an opportunity to provide comments.
Public Hearing
The Town Council of the Town of Vail has held a public hearing to consider this Plan
after public notice thereof in compliance with the Urban Renewal Law in the Vail Daily,
describing the time, date, and purpose of the public hearing, identifying the Plan Area
and outlining the general scope of the projects being considered for implementation
pursuant to this Plan. Notice of the public hearing was provided to owners, residents, and
business owners in the Plan Area at their last know address at least 30 days before the
date of the public hearing.
Boundaries of the Plan Area
The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The
Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as
feasible to accomplish the planning and development objectives of this Plan.
Other Findings
The property in the Plan Area is subiect to restrictive covenant provisions from
previous subdivisions of property in the Town of Vail. In many cases, the
covenant provisions conflict with one another and in some cases have
been ignored by existing development. These restrictive covenants
create an impediment to the redevelopment of the property within the
Plan Area, particularly the financing of improvements which are key to the
redevelopment of the Plan Area. VRA is authorized to use the power of
eminent domain, with the consultation and concurrence of the owner of
the fee interest to be condemned, to eliminate restrictive covenant
provisions and other conditions of title which prevent redevelopment of
properties within the Plan Area.
If it becomes necessary for individuals, families or businesses to relocate as a
result of the implementation of this Plan, a feasible method exists for the
relocation of individuals, families, and business concerns that may be
displaced, insuring that decent, safe and sanitary dwelling
accommodations and business locations can be made available.
The powers conferred by the Urban Renewal Law are for public uses and
purposes for which public money may be expended and the police
powers exercised, and this Plan is in the public interest and necessity,
such finding being a matter of legislative determination by the Town
Council.
This Plan will afford maximum opportunity, consistent with the sound needs of
the Town as a whole, for the rehabilitation or redevelopment of the Plan
Area bV private enterprise.
DESCRIPTION OF PLAN OBJECTIVES
This Plan is an important tool to address the problems confronting the Vail Village area.
The Plan helps to further the goals for the area previously outlined in the Vail
Comprehensive Plan. The objectives for the Plan include the following:
Create a sense of place and an improved aesthetic character for Vail Village for
both residents and guests.
• Enhance the aesthetic appearance of the area to make it more appealing.
• Provide a public plaza as a public gathering place and for events important to the
vitality of the Town and to the resort experience.
• Provide a skating rink that will be an activity center in Vail Village during the
winter season.
• Provide important recreational opportunities for residents and visitors through the
provision of a theatre and bowling alley that would not otherwise be provided.
• Eliminate impediments to the redevelopment of key facilities within the Plan
Area.
• Upgrade and restore public infrastructure including transportation facilities,
parking, sidewalks and streetscapes.
PLAN IMPLEMENTATION
In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA
shall be authorized to undertake the following activities:
III. Property Acquisition
The p rincipal purpose of this Plan is the removal of legal impediments to the creation of
public open space and to new private investment occurring on private property.
Restrictive covenants and other conditions of title interfere with new private investment.
The power of eminent domain as authorized by the Urban Renewal Law may be utilized
as VRA determines necessary to eliminate and remove restrictive covenants and other
conditions of title which interfere with new private investment, with the consent of the
owner of any fee interest to be condemned.
IV. Relocation Assistance and Payments
In the event it is necessary to relocate or displace any business or other commercial
establishments as a result of any property acquisition, VRA may adopt relocation policies
for payment of relocation expenses. Such expenses may include moving expenses, actual
direct losses of property for business concerns, and goodwill and lost .profits that are
reasonably related to relocation of the business, resulting from its displacement for which
reimbursement or compensation is not otherwise made.
Redevelopment Agreements
VRA is authorized to enter into one or more Redevelopment Agreements with
developer(s) and such other entities as are determined by VRA to be necessary or
desirable by VRA to carry out the purposes of this Plan. Such Redevelopment
Agreements may contain such terms and provisions as shall be deemed necessary or
appropriate by VRA for the purpose of undertaking the activities contemplated by this
4
Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA,
as may be necessary for the achievement of the objectives of this Plan or as may
otherwise be authorized by the Urban Renewal Law.
Interagency Cooperation
VRA may enter into one or more Cooperation Agreements with the Town of Vail or
other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may
provide, without limitation, for financing, for construction of public improvements, for
administration, for technical assistance and for other purposes.
MODIFICATIONS TO THIS PLAN
This Plan may be amended or modified pursuant to provision of the Urban Renewal Law
as provided in § 31 -25 -107, C.R.S. Modifications to this Plan will require appropriate
notification in accordance with the Urban Renewal Law, including submission to the
Board of County Commissioners of Eagle County and written notice provided to all
property owners, residents, and owners of businesses in the Plan Area not less than 30
days prior to the consideration of a substantial modification.
TERMINATION
This Plan shall terminate and the designation of blight made herein shall terminate upon
the elimination of those protective covenants and other conditions of title which impair
the redevelopment in the Plan Area.
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FIGURE 1
MAP OF PLAN AREA
p Crossroads ..�„
Lot P, Block 5D, Vail Village Filing 1�?`:
Subject Site
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Attachment 2: Crossroads Reinvestment Study Reference Only
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Attachment B
VAIL CROSSROADS REINVESTMENT STUDY
Prepared For:
Vail Reinvestment Authority
Town of Vail, Colorado
October 2006
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Vail Crossroads Reinvestment Study
October 2006
Table of Contents
Section 1: Study Overview ......................................... ............................... 1
Section 2: Colorado Urban Renewal Statutes and Blighted Areas .......................... 2
Section 3: Conditions Indicative of the Presence of Blight ... ............................... 5
Section 4: Study Area Location, Definition, and Description . ............................... 9
Section 5: Study Findings ........................................... .............................12
Section 6: Study Summary and Recommendation ............. ............................... 20
Appendix............................................................. ............................... 21
RM
Vail Crossroads Reinvestment Study October 2006
Section 1: Study Overview
The Vail Crossroads Reinvestment Study ( "Study ") is an examination and analysis of various
conditions found within a defined area in Vail, Colorado to determine if the area qualifies as
"blighted" within the meaning of Colorado Urban Renewal law.
The Study is a necessary step if urban renewal, as defined and authorized by Colorado
statutes, is to be used as a tool by the Town of Vail ( "Town ") to facilitate public and /or
private investments within the area. The findings and conclusions presented in this report
are intended to assist the Town in making a final determination as to whether the property
qualifies as blighted and, consequently, the feasibility and appropriateness of using urban
renewal as a reinvestment tool.
To conduct the Study and prepare the Vail Crossroads Reinvestment Study report, the Town
of Vail retained the services of Matrix Design Group, a Denver -based consulting firm that
provides planning, environmental, engineering, and design services to municipalities
throughout Colorado.
The general methodology for the Study was as follows: First, the specific geographic territory
( "Study Area ") to be evaluated was determined by the Town. Next, general information
about the Study Area was gathered, such as right -of -way and parcel boundaries, aerial
photos, etc. The Study Area was then evaluated for evidence of blight through two means: a
thorough field reconnaissance of the Study Area to document observed physical conditions of
blight; and a data collection effort to gather information about those blight factors that are
not visually observable. The Study results were then categorized and analyzed as to their
applicability to the blight factors outlined in the Colorado Urban Renewal statutes. Finally,
the findings and conclusions regarding blight found within the Study Area were prepared and
presented as a report.
1 ivLwiX1_,ip1Gn)t;14
Vail Crossroads Reinvestment Study October 2006
Section 2: Colorado Urban Renewal Statutes and Blighted Areas
In the Colorado Urban Renewal Law, Colo. Rev. Stat. § 31 -25 -101 et seq. (the "Urban Renewal
Law "), the legislature has declared that an area of blight "constitutes a serious and growing
menace, injurious to the public health, safety,. morals, and welfare of the residents of the
state in general and municipalities thereof; that the existence of such areas contributes
substantially to the spread of disease and crime, constitutes an economic and social liability,
substantially impairs or arrests the sound growth of municipalities, retards the provision of
housing accommodations, aggravates traffic problems and impairs or arrests the elimination
of traffic hazards and the improvement of traffic facilities; and that the prevention and
elimination of slums and blight is a matter of public policy and statewide concern...."
Under the Urban Renewal Law, the term "blighted area" describes an area with an array of
urban problems, including health and social deficiencies, and physical deterioration. See
Colo. Rev. Stat. S 31 -25- 103(2). Before remedial action can be taken by a public agency,
however, the Urban Renewal Law requires a finding by the appropriate governing body that
an area such as the Study Area constitutes a blighted area. Id. 5 107(1).
The blight finding is a legislative determination by the municipality's governing body that as a
result of the presence of factors enumerated in the definition of "blighted area," the area is
a detriment to the health and vitality of the community requiring the use of the
municipality's urban renewal powers to correct those conditions or prevent their spread. In
some cases, the factors enumerated in the definition are symptoms of decay, and in some
instances, these factors are the cause of the problems. The definition requires the governing
body to examine the factors and determine whether these factors indicate a deterioration
that threatens the community as a whole.
For purposes of the Study, the definition of a blighted area is premised upon the definition
articulated in the Urban Renewal Law, as follows:
"`Blighted area' means an area that, in its present condition and use and, by reason of the
presence of at least f our of the following factors, substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing accommodations, or constitutes
an economic or social liability, and is a menace to the public health, safety, morals, or
welfare:
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Vail Crossroads Reinvestment Study October 2006
a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d. Unsanitary or unsafe conditions;
e. Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or utilities;
g. Defective or unusual conditions of title rendering the title non - marketable;
h. The existence of conditions that endanger life or property by fire or other
causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in because
of building code violations, dilapidation, deterioration, defective design,
physical construction, or faulty or inadequate facilities;
j. Environmental contamination of buildings or property; or
k. The existence of health, safety, or welfare factors requiring high levels of
municipal services or substantial physical underutilization or vacancy of sites,
buildings, or other improvements"
In addition, paragraph (l.) states, "if there is no objection by the property owner or owners
and the tenant or tenants of such owner or owners, if any, to the inclusion of such property
in an urban renewal area, `blighted area' also means an area that, in its present condition
and use and, by reason of the presence of any one of the factors specified in paragraphs (a)
to (k) of this subsection.... "
The statute also states a separate requirement for the number of blight factors that must be
present if private property is to be acquired by eminent domain. At S 31 -25- 105.5(5),
paragraph (a.) states, "`Blighted area' shall have the same meaning as set forth in section
31 -25 -103 (2); except that, for purposes of this section only, 'blighted area' means an area
that, in its present condition and use and, by reason of the presence of at least five of the
factors specified in section 31 -25 -103 (2)(a) to (2)(1)...."
Thus, the state statutes require, depending on the circumstances, that a minimum of either
one, four, or five blight factors be present for an area to be considered a "blighted area." At
the time of the Study, knowledge of future objections by property owners or tenants to being
included in an urban renewal area, and knowledge of future use of eminent domain to acquire
private property will most likely not be available. Consequently, the conservative approach
of requiring the presence of at least five of the eleven blight factors in the Study Area will be
used as the basis for the recommendations in this report.
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V Crossroads Reinvestment Study October 2006
Several principles have been developed by Colorado courts to guide the determination of
whether an area constitutes a blighted area under the Urban Renewal Law. First, the
absence of widespread violation of building and health codes does not, by itself, preclude a
finding of blight. "The definition of `blighted area' contained in [the Urban Renewal Law] is
broad and encompasses not only those areas containing properties so dilapidated as to justify
condemnation as nuisances, but also envisions the prevention of deterioration."
Second, the presence of one well - maintained building does not defeat a determination that
an area constitutes a blighted area. Normally, a determination of blight is based upon an
area "taken as a whole," and not on a building -by- building, parcel -by- parcel, or block -by-
block basis. However, since this study does not focus on a large study area comprised of many
properties and is instead quite small, each individual building bears great weight on the study
area as a whole.
Third, a town's "determination as to whether an area is blighted... is a legislative question
and the scope of review by the judiciary is restricted." A court's role in reviewing such a
blight determination is simply to verify independently if the conclusion is based upon factual
evidence and consistent with the statutory definition.
Based upon the conditions identified in the Study Area, this report makes a recommendation
as to whether the Study Area qualifies as a blighted area. The actual determination itself
remains the responsibility of Vail's Town Council.
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Vait Crossroads Reinvestment Study
October 2006
Section 3: Conditions Indicative of the Presence of Blight
As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11 factors
that, through their presence, may allow an area to be declared as blighted. This section
elaborates on those 11 factors by describing some of the conditions that might be found
within the Study Area that would indicate the presence of those factors.
Slum, Deteriorated, or Deteriorating Structures:
During the field reconnaissance of the Study Area, the general condition and level of
deterioration of a building is evaluated. This examination is limited to a visual inspection of
the building's exterior condition and is not a detailed engineering or architectural analysis,
nor does it include the building's interior. The intent is to document obvious indications of
disrepair and deterioration to the exterior of a structure found within the Study Area. Some
of the exterior elements observed for signs of deterioration include:
• Primary Elements (exterior walls, visible foundation, roof)
• Secondary Elements (fascia /soffits, gutters /downspouts, windows /doors, facade
finishes, loading docks, etc.)
• Ancillary Structures (detached garages, storage buildings, etc.)
Predominance of Defective or Inadequate Street Layout:
The presence of this factor is determined through a combination of both field observation as
well as an analysis of the existing transportation network and vehicular and pedestrian
circulation patterns in the Study Area by persons with expertise in transportation planning
and /or traffic engineering. These conditions include:
• Streets /Alleys with Poor or Unimproved Surface Conditions
• Inadequate Street /Alley Width
• Poor Provisions or Unsafe Conditions for the Flow of Vehicular/ Pedestrian Traffic
• Insufficient Roadway Capacity Leading to Unusual Congestion of Traffic
• Inadequate Emergency Vehicle Access
• Poor Vehicular/ Pedestrian Access to Buildings or Sites
• Poor Internal Vehicular/ Pedestrian Circulation
These conditions can affect the adequacy or performance of the transportation system within
the Study Area, creating a street layout that is defective or inadequate.
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Vail Crossroads Reinvestment Study
October 2006
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
This factor requires an analysis of the parcels within the Study Area as to their potential and
usefulness as developable sites. Conditions indicative of the presence of this factor include:
• Lots that are Long, Narrow, or Irregularly Shaped
• Lots that are Inadequate in Size
• Lots with Layouts or Configurations that are Obsolete or Impractical
• Lots with Layouts or Configurations that Result in Stagnant, Misused, or Unused Land
This analysis considers the shape, orientation, and size of undeveloped parcels within the
Study Area and if these attributes would negatively impact the. potential for development of
the parcel. This evaluation is performed both through observation in the field and through an
analysis of parcel boundary maps of the Study Area.
Unsanitary or Unsafe Conditions:
Conditions observed within the Study Area that qualify under this blight factor include:
• Floodplains or Flood Prone Areas
■ Inadequate Storm Drainage Systems/ Evidence of Standing Water
■ Poor Fire Protection Facilities
■ Above Average Incidences of Public Safety Responses
■ Inadequate Sanitation or Water Systems
■ Existence of Contaminants or Hazardous Conditions or Materials
■ High or Unusual Crime Statistics
■ Open Trash Dumpsters
■ Severely Cracked or Uneven Surfaces for Pedestrians
■ Illegal Dumping
■ Vagrants /Vandalism /Graffiti /Gang Activity
■ Open Ditches, Holes, or Trenches
These represent situations in which the safety of individuals, especially pedestrians and
children, may be compromised due to environmental and physical issues considered to be
unsanitary or unsafe.
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Vail Crossroads Reinvestment Study
October 2006
Deterioration of Site or Other Improvements:
The conditions that apply to this blight factor reflect the deterioration of various
improvements made at a site other than building structures. These conditions may represent
a lack of general maintenance at a site, the physical degradation of specific improvements, or
an improvement that was poorly planned or constructed. Overall, the presence of these
conditions can reduce a site's usefulness and desirability and negatively affect nearby
properties.
• Incompatible Mix of Activities Leading to Improper or Unproductive Uses of Land
• Lack of Code Enforcement Resources
• Neglected, Vacant, or Abandoned Properties
• Evidence of General Site Maintenance Problems (e.g. Deterioration of signage or
lighting, poorly maintained landscaping or overgrown vegetation)
• Deterioration of On -Site Parking Surfaces, Curb Et Gutter, or Sidewalks
• Poor Parking Lot Layout
Unusual Topography or Inadequate Public Improvements or Utilities:
The focus of this factor is on the presence of unusual topographical conditions that could
make development prohibitive, such as steep slopes or poor load - bearing soils, as well as
deficiencies in the public infrastructure system within the Study Area that could include:
• Deterioration of or Lack of Public Infrastructure (e.g. Street /alley
pavement /curb /gutter, sidewalks, street lighting, storm drainage systems)
• Presence of Overhead Utilities
• Inadequate Fire Protection Facilities/ Hydrants
• Inadequate Sanitation or Water Systems
Defective or Unusual Conditions of Title Rendering the Title Non - Marketable:
Certain properties can be difficult to market or redevelop if they have overly restrictive or
prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly
divided ownership arrangement. Examples include:
• Properties with Disputed or Defective Title
• Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible
`1.mi\ IA�ii(atxgi 7
Vail Crossroads Reinvestment Study October 2006
The Existence of Conditions that Endanger Life or Property by Fire and Other Causes:
A finding of blight within this factor can result from the presence of the following conditions,
which include both the deterioration of physical improvements that can lead to dangerous
situations as well as the inability for emergency personnel or equipment to provide services to
a site:
• Buildings or Sites Inaccessible to Fire and Emergency Vehicles
• Blocked or Poorly Maintained Fire and Emergency Access Routes or Frontages
• Insufficient Fire and Emergency Vehicle Turning Radii
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or
Environmental Regulations
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In:
Some of the conditions that can contribute to this blight factor include:
• Buildings or Properties not in Compliance with Fire Codes, Building Codes, or
Environmental Regulations
• Buildings with Deteriorated Elements that Create to Unsafe or Unhealthy Conditions
• Buildings with Inadequate or Improperly Installed Electrical, Natural Gas, or Other
Utility Components
Environmental Contamination of Buildings or Property:
This factor represents the presence of contamination in the soils, structures, water sources,
or other locations within the Study Area.
■ Presence of Hazardous Substances, Liquids, or Gasses Found at a Site
Existence of Factors Requiring High Levels of Municipal Services or Substantial
Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements:
The physical conditions that would contribute to this blight factor include:
• Sites with a High Incidence of Fire, Police, or Emergency Responses
• Sites Adjacent to Streets /Alleys with a High Incidence of Traffic Accidents
• Sites with a High Incidence of Code Enforcement Responses
• An Undeveloped Parcel in a Generally Urbanized Area
• A Parcel with a Disproportionally Small Percentage of its Total Land Area Developed
• Vacant Structures
• Vacant Units in Multi -Unit Structures
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Vail Crossroads Reinvestment Study October 2006
Section 4: Study Area Location, Definition, and Description
The Vail Crossroads Reinvestment Study Area consists of two parcels located in the Town of
Vail in Eagle County, Colorado. The Study Area is bounded on the north by the 1 -70 frontage
road, on the east by Village Center Road, on the south by East Meadow Drive, and on the west
by private property. In all, just over two acres are enclosed within these boundaries.
The Study Area is dominated by two adjacent buildings with retail and residential uses. These
buildings stand to the north of Vail Village, off the 1 -70 frontage road. Not far to the west of
the Study Area is the Vail Road roundabout, which is the primary entrance and exit point to
Interstate 70, and to the east lies the Colorado Ski Museum and a large public parking
structure. The central surface parking lot for the two buildings opens up to East Meadow
Drive, and is the primary retail entrance point for the both buildings, although the east
building also has a retail entrance directly on Village Center Road.
To supplement this written description of the Study Area, the following aerial maps of the
Study Area are provided: Exhibit 1: Vail Context Map shows the Study Area on a macro scale
relative to 1 -70 and Vail Village. Exhibit 2: Study Area Detail Map provides a close -in view of
the Study Area itself and the immediate surrounding roads.
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V Cro ss r oads Reinvestment Study October 2006
Section 5: Study Findings
The overall findings of the Vail Crossroads Reinvestment Study are presented in this section.
These findings are based on the analysis of data collected and field surveys conducted in
September 2006.
Slum, Deteriorated or Deteriorating Structures:
Although the two buildings present in the Study Area were found to be in generally fair
condition, the east building in particular exhibited a few trouble spots, as detailed below.
• On the eastern side of the east building, the lower portion of the wooden fa4ade has
sustained water damage and splitting
• Exterior walls in select areas are crumbling or in a state of disrepair.
a. .
The eastern side of the east building (View 2 of 2)
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A deteriorated column base at the garage entrance A crumbling wall on the western side of the east building
Al min UtjiiCAnt4�6, 12
Vail Crossroads Reinvestment Study October 2006
Predominance of Defective or Inadequate Street Layout:
No evidence of Defective or Inadequate Street Layout was observed in the Study Area.
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
No evidence of Faulty Lot Layout was observed in the Study Area.
Unsanitary or Unsafe Conditions:
Evidence of Unsanitary or Unsafe Conditions in the Study Area was primarily found in the form
of pedestrian hazards. These consisted of crumbling walkways in critical areas such as
stairwells, and improvised, unimproved pedestrian walkways suggesting a lack of proper
pedestrian access around the site. Specific examples of this include:
• An cracked and highly uneven pedestrian walkway near stairs
• An improvised walkway (trail) north of the east building
• An improvised walkway (trail) above the garbage dumpster
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Uneven pedestrian trail leading to dumpster north of the
east building (View 1 of 3)
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portion of west building
V Cro Reinvestment Study October 2006
Although evidence of Unsafe and Unsanitary Conditions was limited to select walkways and
portions of the site, most notably north of the east building, it still presents a problem since
the site contains a number of retail establishments and is open to pedestrians and the public.
The walkway leading north around the east building is uneven and unimproved, save for a few
wooden boards. The wooden boards suggest that the walkway is generally recognized as a
legitimate pedestrian right -of -way, despite its highly improvised nature.
Other than the cracked stairway entrance on the southwest corner of the west building,
numerous other minor cracked and uneven walkways were observed which are noted in
further detail in the next section of this report.
Deterioration of Site or Other Improvements:
A variety of conditions were identified that meet the Deterioration of Site or Other
Improvements factor. These situations were dominated by cracked pavement and walkways,
but also included crumbling retention barriers around parking lots and unsightly improvised
storage areas. A few examples:
■ Splitting, damaged wooden barriers around the east parking lot on the eastern fringes
of the Study Area
• Cracked pedestrian walkways with uneven surfaces aggravated by numerous different
types of surface materials
• Poor driveway conditions at the southwest delivery entrance
• Unsightly exposed storage of obsolete appliances and furniture on the north side of the
west building
■ An unimproved dirt entrance to the northeast parking area
14
Vail Crossroads Reinvestment Study October 2006
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Deteriorated driveway on southwest portion of Study Area
(View 1 of 2) .
Improvised, exposed storage off of west building
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Deteriorated driveway on southwest portion of Study Area
(View 2 of 2)
15
Deteriorated parking barriers found in east lot
Vai Crossroads Reinvestment Study October 2006
Unlike other potential problem areas detailed earlier in this report, evidence of site
maintenance deficiencies wasn't concentrated in a particular part of the site. Instead, such
problems were fairly evenly distributed around the Study Area.
The dirt entrance to the north parking lot was blocked off by a chain during the field survey,
suggesting that it is not a heavily used point of access to the site. Nevertheless, this dirt
driveway does create problems such as standing water through poor drainage on the
perimeter of the parking lot, as well as plenty of tracked dirt into the paved parking area.
Unusual Topography or Inadequate Public Improvements or Utilities:
No examples of unusual topography were noted in the Study Area; however, there were
instances of poor or inadequate storm drainage observed, as well as a lack of curb and gutter
around a significant portion of the site. Furthermore, sidewalks do not exist along the
surrounding roads on the northern and eastern perimeters of the Survey Area.
Following is photographic documentation of the lack of sidewalks, curb, and gutter and poor
storm drainage:
16
gutter as well as sidewalks for pedestrians (View 1 of 2)
Vail Crossroads Reinvestment Study
October 2006
s
Most of the east perimeter lacks sidewalks
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1, lumpy pavement surrounding a storm drain
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4 gutter downspout emptVing onto a clogged or
nonexistent drainage system
17
or roadside drainage from this point northward.
Vail Crossroads Reinvestment Study October 2006
Defective or Unusual Conditions of Title Rendering the Title Non - marketable:
Evidence has been obtained that demonstrates that Defective or Unusual Conditions of Title
do exist within the Study Area. The Crossroads parcels have titles which contain several
restrictive covenants that dictate the nature and intensity of the uses allowed on the
property. Consequently, these covenants adversely affect the ability of the current owners of
the Crossroads parcels to market and /or redevelop the site in a manner consistent with the
goals and policies of the Town of Vail and its efforts to revitalize the Vail Village area. See
the Appendix for documentation of these issues affecting the marketability of the title to the
Crossroads parcels.
The Existence of Conditions that Endanger Life or Property by Fire and Other Causes:
The conditions that apply to this blight factor primarily involve buildings or sites that are not
in compliance with fire codes, building codes, or environmental regulations. According to
documents provided by the Town of Vail and Vail Fire and Emergency Services, the Crossroads
P NLmnikylCblx�b. 18
Vail Crossroads Reinvestment Study October 2006
project is and has been in noncompliance with several of the Town's fire safety regulations.
These include the lack of internal fire sprinklers and poor fire truck access. See the
documents included in the Appendix section for evidence of these conditions.
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In:
Much like the situation explained above for the "Conditions that Endanger Life or Property by
Fire and Other Causes" blight factor, the lack of fire sprinklers and poor fire truck access
contribute to a finding under this blight factor.
Environmental Contamination of Buildings or Property:
No evidence of environmental contamination was observed within the Study Area.
Existence of Factors Requiring High Levels of Municipal Services or Substantial
Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements:
No evidence of this blight factor was observed in the Study Area.
6 I`7:mixlk�iiC;rcx��t 19
Vail Crossroads Reinvestment Study
October 2006
Section 6: Study Summary and Recommendation
Within the entire Study Area, seven of the 11 blight factors were found. These seven are:
• Slum, deteriorated, or deteriorating structures
• Unsanitary or unsafe conditions
• Deterioration of site or other improvements
• Unusual topography or inadequate public improvements or utilities
• Defective or unusual conditions of title rendering the title non - marketable;
• The existence of conditions that endanger life or property by fire or other causes
• Buildings that are unsafe or unhealthy for persons to live or work in
Therefore, it is the recommendation of this reinvestment study report to the Vail Reinvestment
Authority and to the Town of Vail, that the Study Area in its present condition may be declared a
"blighted area" as defined in Colo. Rev. Stat. § 31 -25- 103(2) by reason of the documented
evidence of the existing conditions found in the Study Area, the applicability of those conditions
to the 11 blight factors defined in Colorado law, and the existence of five or more of those
factors within the Study Area.
lvLmn IilCaix,1 e. 20
Vail Crossroads Reinvestment Study October 2006
Appendix
The following materials were provided by the Town of Vail and are included in this Appendix as
documentation of several of the blight factors discussed in this report.
21
Va C rossroads Reinvestment Study October 2006
Documents demonstrating "Defective or Unusual Conditions of Title"
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@� � Ivi:mi�Ik�iyiCdcx�b,
22
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 81611
Telephone (970) 925 -1936
Facsimile (970) 925 -3008
GLENWOOD SPRINGS OFFICE
The Denver Centre
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telcphome(970) 947 -1936
Facsimile (970) 947 -1937
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.gaafieldhecht.com
July 17, 2006
Via Email and United States Mail
J. Matthew Mire, Esq.
Town Attorney
Town of Vail
75 S. Frontage Road,
Vail, CO 81657
Re: Crossroads/Solaris Covenants
Dear Matt:
AVON OFFICE
Avon Town Square, Unit 104
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone (970) 949 -0707
Facsimile (970) 949 -1810
BASALT OFFICE
110 Midland Avenue, Suite 201
Basalt, Colorado 81621
Telephone(970)927 -1936
Facsimile (970) 927 -1783
As we discussed last week, the Protective Covenants of Vail Village, First Filing, Eagle County,
Colorado (the " First Filing_ Covenan ts" may prohibit certain uses approved in connection with the
Crossroads/Solaris DIA Specifically, the First Filing Covenants state that Crossroads may only be used
for 'apartments, retail shops, service shops, restaurants and tea - rooms, hotels, lodges, professional
offices, medical clinics (and] automobile service station sites." Accordingly, they would likely prohibit
many of the "public amenities" set forth in the DIA (including, without limitation, the bowling alley,
movie theater, ice - skating rink and public parking facilities).
The First Filing Covenants were adopted circa 1962, and like most planning documents of that vintage,
they have become rather antiquated. When Vail Associates, Inc. faced similar problems in connection
with the Arrabelle at Vail Square and Founders Parking Garage, the Town of Vail assisted them in
condemning the subject property and the eliminating the restrictive covenants. We respectfully request
that you provide us with similar assistance in addressing the restrictive covenants burdening Crossroads.
We would like to begin this process as soon as possible, so please contact me at your earliest convenience
to discuss this matter further.
Very truly yours,
lc ��
Reed F. Weily, Esq.
Avon Office
rweily®garfieldhecht.com
® Printed on recycled paper
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0 1:: det! roan' Ot the fo21owin4' descriko6d
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4' ds " =4 V& 1. AA Ckc ates; Ltd.,. a :�iaiited partnership; . is
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?ol` :"I btz .. tibs►s . of:•'the i b owing .desciib&i .lmi7da s
:portion'' f, the DitB of 'Seeticari 9: and;: the r ,, ' • :.
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8, . alb.. in Toimshig
t•''f`+h� %:,+•s�: `. _Bouth,'.:*atig B
r O Nest.of the 6th P:lI. i .8agle .j
- 'Countp.;.� d
Coloo; included within the.:follow -
:',;:. •' ascribed bouridnries Beginning •at a rock
>, �:'. ,eoYne�c on the line between -the .above' such'. Section
betiween tti'd Nei.
8. .: :.."
7` wind ` ;. '9At' or. th4 1 16: 'irOFTIOX.
.ot aid' Sect hi,..7' !and : - 8., whence - ewitness'
'''•' : �'i`; ; '_: `
. .... corner. rn
. to the .1/4 cdei - between` such. Sections ,
':: :," •:
..also a' rdck- • cornei bears -:8 :0° Z3' 8 -..
distance %of - 211.,14 feet; ' thence' s:.
;.&.4Lstzisice of: 1640. feet along the.:true : �t'r
iisdaiy N cf the White 'River ..National FoYb' _ FF
• 3
'theses �T *.O ° 23' - . a distance• .42.2,58.feet1. 3
- :;: '= = .T`•'' tpence..N.B ° 23.'8.'; a:ztiatartic �'
e of • 450.21 feed
,72° '8.,•'a distances of 307.16 'feett ', •:,�'
tai nc '8 i
Z. - +� ��' : �: � .�$ ; ,.g dish rxs •of , 571 -f 9 feet;
y tlisiiCif S.
thence °6= .75 °27'B: distanc: e' of 707.69' feet; �'_!• '''
thence N': 0 23',N. ; a distance of :693.77: feet to '
tbe rl.ght =of -way line of• U. '.8.
r y %•'' `'_; gj,"y- No: 6;, thence S . 79 46 !S. , a .distance 'v r
"�'.i _ %•” '`. ' ' of 272g:Q: £tet_'aldng. such' southerly. right=o£- .
�• =�'� :pad line. ,ot srch "j. R . Highway No. 6 s thence .
_e distance'. -of: 1260::12 feet; thence
.83 °.01'11. 'a distance' of g feed .thence - w
a, diatance: 485.12 feeti..thenre
distance• of .x,44
611.50 fedt; thence a�
a distance' .of''443. eetJ 'thence ' ' .
:+ •:�,.~ B.89 °44'N. ; e. dl Lnce . ,08' .1324. ,52 .feet to. the
�,4 �':_=, : ',• "point b;sg
of inning .
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r�.�lsce "certaw At rai ai6na the , S - of.t. in aBl':Bloc]ca
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•- +�'�s.� 4 "'�.•� a% =`: Limey 17e��..'%
'f aQfO t ris -' and.:: -thQIr -. respecfi. re ' .Qtahtdon; 'SAWce88018.:' :.
rirderLto ",edtablLoh: and nstinthin 'ther r�iraater. "T :•iF.%' �. .:.. .
arlilvfe.of rear e'stati8 ;iriIVa�.l , Village.� ,; }.,•
_: 'a % * ': "• 't 'MGiP EFORS;. is_},',c_osir ,l8erat3Gn b# 'the premises, . Vail
•fV':i],7ttes� �i}Ii; =' Ltd::,,: acti:ig .Here: by �dn�i' thz'ough'J. Roxiert For�l�r,''
•'slu ' ;'`ylttr3iz'iiy�iii�7��sa s+`: a.: Pdw►er :d 1r,Etorziey,, 'dated :August:.3.
%,•t ••�196�,...re�coicded'.`i;ii '/7 'at. Pago! •�7$ of..the•. Tecords' 'Of•. the •
anli::ltcor3er 'of: Baiglt `Gouiiy,'COlorat $ a; and Vail 'Associates," .
\�s %= ^ for: - ttieaiaalYes a trigir 'respective• grantees; `successors
't: = :: it [' asai netidd.hetaby fiapo B eet, lish,' publish;: t►ckaMedga,.�.
`' 3' �; "'• ` r -, ' x.BeC are. d'. bigree :vrith,: 'tQ.. �irzti :' 3�or. 'thti= Benefit 'of =all persons j ;:
s : y; ��`• -' ;' ''i�hCe. `�ieireaftar hr On or 16ah0 . 4 td ?f�pai.:Ei>ti►4 tv ..ilisa' go. • f:
_ 'P 4 ;
: :a- ;� o :•.or bold : anp:..of' the - : Tracts.,` • Bloc7cs' .and ;hots: iri Vail`'�iil 'age,, ;
Ni
�� I+iirst ::PUIng' , ••.tmf."tliey' own ' - hold' all..of .the' ;la III,
ilage; ;J%tda' P4-lJAq, :' subject tb. 'the folicwiinq .re brict� 't
OnS.
cor itio , .all. of r,►liich shall' bs�; deemed o
: £ho- Iaiid • iitid' tic * 'nuke to the Benefit �df and '. binding,
` :` :'',:r' "� the• Owasrs, 'tliesar- respective grantees I t•sucebssors and. r r•
gr
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`: :-•`' ': ;�' ,: • 1.:: pLAl�i�iG AZT: ARCIaTSC�URAL CQiTROL GO[9lITTEA
�66r ittee 'The Diann In and Xrchitectural f
� - :Cccfa ttee ,Hereinafter , ref_ errAd to as,: The 6bM -ttee, -'
; :kiiaT3t`karrsst of yst inert bare. who 'shall' be don ignated by Owners.,
K =: "' ,i es`r 43i#igns; •to review, study,., and approve or
" rifest'• p> proposed.•impravemgats.:vrithin• •tha' area described • in the
lhMejx: of :Vai.l l.11age;. First 'Piliirq,• of which these'.restrictive
' :•::: Cavenantis . afe' jiaade•. a •part: '
Rules The Cotdmittee' "shall' make such , rules' and '
--c; latele d adopt : such -procedurgs as. ,it may 'deem approprja e
.to. �ti_(a proceedings ' �• . : �:
V.
"Y ' ", .:: 3 •' ]lpptoval of Man {' lqo 2iuilding, .out building' r
wall or ' tither'. i lratrem4fit 'Shall lie • constructed, ere�tm
or: naintain6d• Tract,. B rock or Ldt•; nor .sh&U any -addition } .
= :._ ��: • `# e;`i,t eretq, •c' alterat Lon - thiirein be madq, until. plans( and specifi- • .
>ty'•';��� R "'• - 1iti6aae 's2ibwiirq the color:' mater -aia, landscapizsg,
u� ,;:d,•: ;' i . other: ir4oXma's on relating- to ,such- 'improveSWnt as The '
' - :. C6amiittee`� may, ;x;�asonabl z-e uire sha"11 have =been', submitted to ' Z
and;appt ved by fter Cam4t£ee in Writing..
,. , : 1�4. : Criteria . In;• 'assing upon,'auch.plazaa "coati. speci -'
I cAtioQZS, the Cahmittee aSa].I consider:• `
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gni� gstt 'Y!or...'tbi locstiaii.'O! Lp� ave�ants.vitas `iailitioci• to
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= `:.or:rkei ic Lbna ai `it • Y..•deem appropriati..
i0.��:: �ilflas Dro' `OJ1ltDano A 11' sur face .arise
°tT ' "' Oiiitt�wctiois'i sa11: _be,. roturn6 proisptly Ito their
f�tir''' "; : 3satgta�l; : Cioa am ... Un 4d. in: - nktiv.O Nlrasaspi except . Mhere
�K ^' =” .sii�lii swil: •r't xo bi ,itproiris! . tbR .coissryd on of ga�ederit, '
livii4- &reas;:,ilAich`'Mi�x periiittad. only.
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r � � -`L''. �,`:'. u i. ..- ' i T.'• 'itp 'sti%iciure.'desiq�nod' for'
`bibitation 'shill: bi coietructed' unless Vii iggragate'..'
excl"Lvf o! open porc2ieR, baesiwerits.. carports and '
••.. '• r' 5••' . • ~•'
squarr leeti:• -'ho ddmis�ittee ;
wine -f r of the .ligptovi�ieat whether .an
i:s,porttally bilw: drsRde' iha'l1 : gw.lify_ as ari
12 as tabba• '
?x: - • iiio3,uaid':ritklii :iAe;>lirn . area .. �,
... - • TMOX -Xhmu. *. 110: word: . naive . . rysibol r , or-combination
r ':�"'t)aro s`l�ill. be ,uad 'to; idstify. !or' coisaeei ciai purparee. °a house; r .. •
.:biiiins: "s.'Qs`•sttvici ia' veil viiiage, =yirst ri'liiiq,, I}
J`�~rCinleii:- tse:saga'ehall�: hive: bebii' :frst'apprcved'iri'writiriq•,by The'. ;
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Va C r oss roads Reinvestment Study October 2006
Documents demonstrating "Existence of Conditions that Endanger Life or
Property by Fire or Other Causes" and "Buildings that are Unsafe or Unhealthy
for Persons to Live or Work In"
23
Oct -03 -06 03:04pn Fro: TOWN OF VAIL COW.UNITY CEUELOMNT 9704792452 T -4T9 P.057 /021 F -745
TO W_lY OF V
42 West Afeadow Drive Vail Fire Department
Vail, Colorado 81657
970-479-2250
September 18, 199 7
Mxdne Miller
Crossroads JYest Condominium Association
143 fast Meaduw Drive
Vail, Colorado 81657
Fax (970) 476 -8293
Re: ,Retroactive Fire Sprinkler Issue
Dear Maxine;
As a result of the meetings benveen you, Bill Pierce, ChiefDuran, and tnysel', we thought it best to try
and lay out the issues as clearly as we can_ 11 is not out intent to scare anyone, but to simply eaPlain wiry we
have expressed our opinions in such strong and unwaiving terms
Tile Crossroads West building poses several challenges from a fire fighting tactical standpoint
Access, the type of construction, the building he4gh4 the combustible exterior finish, limited egress, limited
fire hydrant locations, and interior modifications, some of which tray not have been made fvithin the
Perimeters of applicable building and fire codes, contribute to the aggregate effect
Sections A, B, and C are currently accessible from the east and west sides, given some lunitations of
ladder truck access due to landscaping on the east side. The D and E towers are virtually inaccessible from
the east and south sides due to the setback distance from where we cart position aerial apparatus. The
proposed reconfigctration of the parking lot will 9nly serve to reduce the access. .Even under the current
configuration, the D and E towers are too far from the parking lot to be able to effectively set up and operate
serial apparatus.
The type of construction poses a significant threat to the sun4vability of the structure in the event of a
fire. While some sections of the buildlno may have met the codes under which it was built, clearly the highest
7ortions are not and never have been within the limirations of the codes as to the height and type of
:onstruction for a residential building. At the tirie Crossroad* was builf, there was not a building department
either within the Town of rail nor Eagle County. Inspections were conducted by the .State of Colorado and
`ew inspections were conducted within Eagle Coun4. Tlie workload of the State inspectors limited their
nvolvement to schools and hospitals only,
:rossroads nest Building Assessment page 2
Oct -03 -O6 03:04pn Fron -TOWN OF VAIL COINIUNITY DEVELOPMENT 9704792452 T -479 P.0O9/021 F -745
Codes throughout the coup have or man
g �' f y years required a minlmunt of two exits from upper
floors. Crossroads West does not have the req wired secondary means of egress from the residential portions.
The concept that someone could seek refuge b! standing on a balcony is not valid The glass on the sliding
doors should not be expected to last more than 10 minutes when exposed to a fore. The rate and amo of
toxic smoke production normally produced by a residential fire would be deadly to anyone exposed to it for
suclr a ten minute period The probability of rescue within a ten minute period is low, due to the fact it takes
about 20 - 30 minutes for off duty personnel to be paged, respund, and set up an aerial apparatus. Even then,
we can only position the ladder to reach one b0cony at a ante.
The existing stairwells are open to the exterior with little or no physical security. 77 :e semi- enclosed
chase from the second floors and up, only tend to turn the stairwell into a chimney in afire. - The enclosed
areas of the stairways akeo provide some potensial degree of "cover " for anyone attempting to engage in
criminal activity. The wood siding within the rairway has been aging and drying out since its original
installation. Any fire that were to breakout the stairway would literally climb up the interior surface of
the stairway at a horrific and deadly speed
Tile number and locations offrre hydrants in rite immediate area are of concert to the Fire
Department as well While the fire hydrants an? under the "control" of the water district, can and do
make recommendations as to location. The rec9mmended locations, additions, and changes are a function of
capitol priorities as set forth by the water district: We have lost one hydrant across the street from Crossroads
and it has not been replaced ChlefDuran did iook into the issue and according to the water district, the
"average" cost of installing a naw fire hydrant is estimated to be about $3.500. An additional fire hydrant
would be potentially helpful
Tile interior modifications we refer to in elude the addition of lofts, saunas, conversion of storage area
into sleeping quarters, and similar changes that have occurred over the years. We have become aware of
these conditions by virtue of having been inside some of the units during alarm conditions, an occasional fire,
and the occasional medical call
lVe have not taken action to require abatement of these conditions to date, primarily due to what seems
to be a perpetual tram: of proposals and series of "stated intents" to remodel, reconfigure, or otherwise effect a
change in the building and site. As we have ma.ay times expressed, any changes may and probably will, result
in compulsory compliance with certain code requirements.
Under the provisions of the Town of Mail Municipal Code, no changes in the building (or access to it
as it affects frre figl :ring operations), may be made that result in a detrimental effect, without proper
mitigation. Appendix 1 , Chapter 1 of the 1991 edition of the Uniform Building Code and Appendix l A,
Division 1, of rite Uniform Fire Code, both address certain issues applicable to existing buildings. Neither'
appendix specifically requires the retroactive installation of fire sprinkler systems. However, the code does
oblige the chief administrator of the respective cedes to enforce the provisions once they are aware of
violations.
Flwlations identified at Crossroads West include many of the issues that limit tite Fire Department's
ability to access the building and fight a fire. The lack of a second exit is perhaps the forentost vi olation. The
wood siding within the stah is a violation. The mere existence of the forth and fifth floors in the
building appears to constitute a violation.
Crossroads West Building Assessment page 3�
Oct -03 -06 03:04an Fron -TOd OF VAIL COMMUNITY GeVELOPGENT 8704792452 T -470 P -009 /021 F -745
Remedies do exist for some of the vlohstions, but to require the physical removal of one or two entire
floors does not seem practical or reasonable, mpecially when a viable alternative already exists. The Fire
Department leas for many years, held a philosophy that we are open to solutions drat provide an equivalent
level of safety. The codes also allow for "engineered equivalencies. " Our experience has been that nothing
short of the installation offire sprinkler syste,ns, even retroactively, can adequately meet the intent of the code
provisions orprovide the proper level offire safety; meet the technical requirements ofan "engineered
equivalency, " or provide for an effective and cost efficient solution.
We are therefore, asking thatyou consider the opportunity to voluntarily install afire, sprinkler system
throughout the residential portion of Crossroads West As we have noted, the building already has most of
the infrastructure in place to facilitate such a program. The water mains, fire control valves, and related
features, that normally average 20% of the cost of a Petro- installation, are already there. Two condominiums
have already been retrofitted and the lessons learned from those owners can be applied to the Association's
advantages
The Fire Department wiu commit to givljrg you whatever assistance we can, within the limits of our
ability, towards explaining these issues to the membership, advising you on what processes other associadons
have follower!; and give you the benefit of our experience in retrofit programs.
The Association should also be aware, it is our intent to et force the provisions of the code that
prohibit any changes to the complex that are dotrimental to the life safety of the occupants We cannot
a reconfiguration of theparking lot that reducesftre access, cannot allow any expansion of square footage, or
any other projects that may have a negative effect, nithout a commitment to install afire sprinkler system.
Several other buildings in Vail are currently in one of the various stages offire sprinkler retrofit programs. It
appears to us that the issue will not go away on its own. We anticipate a legally binding order to retrofit may
be forthcoming and as such, is only a matter oj'time; how long we don't knows, but more and more projects
are retrofitting each year.
.Please do nothesitate to contact us ifyou wish to discuss this issue more. We will make ourselves
available upon request .Thank you far your interest
Sincerely,
Michael McGee
Fire Marshal
cc: Chief Duran
Asst Chief John Gulick
Insp. JeffAtencio
Bill Pierce
Oct -03 -06 03:07p:3 From -TOAN OF VAIL COWUNITY GEVELORENT 9704792452 T -478 P- 018/021 F -745
42 Hest Meadow Drive Dail Fire Department
Vai4 Colorado 81657
970 - 479 -2250
May I8, 1998
Crossroads of Vail Condominium Association
Att.- Charles H. Anderson
Frances A. & Michael i3'. Sheilds
65 Lane, Cherry Hills Village
En - CO 80110
Be: Fire Sprinkler Retrofit
Dear Crossroads of Vail Run Condominium Association;
It has come to our attention that certain elements and conditions of the Crossroads of Vail Building
located at 141 {Best Meadow Drive, Vail, Eagle County, Colorado, 81657, are not in compliance with the
ntininium code requirements as set forth in the Uniform Building Code and Uniform'Fire as adopted
by the Town of Vail.
,Pursuant to the provisions of the Town of Vail Municipal Code, Title 10, Sections 10 -1 -2:13 and 10 -1
3, Uniform Fire Code, 1991 edition, Part V11 ,division 1, Appendix I A, such conditions as exist, constitute
a distinct haT.ard to life and property and as sucir, must be abated, remedied, corrected, or mitigated through
the installation of appropriate fire protection systems and devices.
It is the Fire Department's opinion that the retroactive installation of a properly designed and
installed fire sprinkler system and appurtenances, would be the. most effective means to mitigate many of the
conditions considered detrimental to the fife safety of the occupants. Additional measures may be required
Any permit for remodel, renovation, or related activity will require the installation of afire sprinkler
. vystem within the permit area and completion will be required before the issuance of a Certificate of
Occupancy or Temporary Certificate of Occupancy
The Town of Vail Municipal Code requires plans be submitted within 18 months of notification,
contained herein, and for completion of the worn within 18 months thereafter. We would like to See some
progress and plan development started before this fall and work proceed without undue delay. Our desire is
to see the entire building retrofitted with an approved fire sprinkler system within the next 12 to 18 months.
Pri
Oct -03 -06 03:08m
Crossroads of Vail
Page 2
Fron -TOWN OF VAIL COUNT TY DEVELOPIEHT 9704792452 T -479 P_019/021 F -745
We are available to discuss questions, alternative-s, and procedtiral aspects ifyou so desire. Please
contact either Chief Dick Duran, Flre liktarshaI Michael McGee or Chief Building Official Gary Goodell if ive
may be of assista n c P-
Sincerely
Michael McGee
Fire Marshal
(970) 479 -2135
ccr Chief.Duran (970) 479-2252
Charlie Davis, Building Inspector
Tom Moorhead, Town Attorney
Robert McLaurin, Town .Afanager
Gary Goodell
C1acfBui1dina Official
(970) 479 -2321
Oct -03 -06 03;04pn From -TOWN OF VAIL COMIAUNITY OEVELORENT 9704792452 T-479 P.006/021 F -745
TOWNOFv
Vail Fire & Emergency Services 4Z Kest Meadow Drive Vaa Colorado 81657 970 - 479 -2250
December 8, 2000
Crossroads of Vail Condominium Association
C/o Steve Stafford
Slifer M, 4nagement Company Inc.
143 East Meadow Drive, Suite 360
Vail, Colorado 81657
Re: ,Fire Sprinkler Retrofit Plan
Dear Crossroads of Vail Condominium Association:
Vail FYre and Emergency Services wishes to remind the Association the time line for completion of
the fire sprinkler system in Crossroads West is still binding.
According. to our records, the Association was offt'cially notified as of June,.1998. We have received
bid plans from B.F.P.E. and have approved th,? plans in terns of meeting the intent and scope of the
requirements. Shop drawings are still required from a licensed contractor in order to obtain a valid permit
from the Town of Vail.
The Association has met the initial deadline within which plans were required to be submitted. The
next deadline is June, 2001, by which time the entire fire sprinkler retro system should be completed. As
we have experienced with the backj7ow preventor project, contractors tend to become busy as'the building
cycles progress. Contractors are now bidding projects for the spring of 2001. we highly recommend the
Association seriously consider moving forward in soliciting bids and contract negotiation.
Please contact us if we may be of assist(mce.
Sincerely,
Michael McGee
Deputy Chief /Fire Marshal
(970) 479 -2135
cc: Chief John Gulick
Gary Goodell, Chief Bur7ding Official
Tom Moorhead, Town Attorney
Oct -03-06 MOW Froz -TORN OF VAIL COWUNITY DEVELOPWNT 9704792452 T -479 P -003 F -745
Vail Fire & Emergency Services 42 West ! eadow Drive Vai4 Colorado 81657 970 -479 -2250
April 16, 2003
Crossroads of Vail Condo Association
cle Steve Stafford, Skfer Management
143 E. Meadow Drive
Vd4 Colorado 81657 - - --
Re: Enforcement Actions
Dear Sir:
In response to your question regarding possible enforcement actions as a result of failure to comply
with the fire sprinkler retrofit, it is essential to note anypenalty would be determined by the Municipal
Court upon a ftnding of guilty.
It is our expressed intent to try and avoid having to file charges and subsequent prosecution. We
have endeavored-to find equitable solutions, worked towards incremental improvements, established
timelines, and honestly spent a considerable an%ount of stgff time and effort towards resolution. However
there is a limit.
In the event the Association at large proceeds with the retrofit program and we find certain portions
of the property are excluded from the contract, I can only anticipate we will need to contact those owners to
determine their intent. In the event we are unable to establish a clear.and demonstrable intent to comply
with the orders issued in .Tune, 1998, in as much as we have documented correspondence, held meetings
with the Association, met with individuals both in support and in opposition to the retrofit program, dating
back to December, 1996, September of 1997 and .tune of 1998, and whereas the applicable section of the
referenced code required compliance within three years of notification, and whereas the deadline has well
passed, I see no option other than to proceed with strict enforcement actions.
The Town of Vail Municipal Code adopts the 1997 edition of the Uniform Fire Code with
amendments, under section 10.1 -2: CODES AItOPTRD BY REFERENCE:
B. FYre Code: The Uniform Kre Code, 1997 Edition, volumes I and 2, and
all appendix chapters thereto, is hereby adol by reference. The
Uniform ire Code, 1997 Edition, is published by the International Fire
Code Institute, 5360 Workman M - W Road, Whittier, Cal{fornia
90601 -2298.
Within the Uniform fire code, there are two significant sections that deal with failure to comply.
The general penalty section under Article 1, Section 103, Su8•section 103.4.4, states in part-
Oct -03 -06 03:03pa Fro-TOWN OF VAIL COWUNITY DEVELOPIENT 9704792452 7-479 P.004 F -745
,crre c.oae i municipal (;oae
Page 2
103.4.4 Citations Persons operating or maintaining an occupancy, premises, or vehicle subject to this
code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy,
premises, or vehicle when ordered or notified to do so by the chief shall be guilty of a misdemeanor. "
The second penalty section as it pertair..s to this situation is in the Unform Fire Code, Part 1X,
Appendices, Division I, Existing BYcL ngs, Appendix I -A, Section 1, subsection 1. 2, and reads in part.
"Effective Date. Within 18 months gfter the effective date of Appendix I -A, plans for compliance shall be
submitted and approved, and within 18 months thereafter the work shall be completed or the building shall
be vacated until made to conform, "
Other sections of the Uniform Fire Code allow the Chief to order the use of a portion of the budding
to be evacuated (Article 1, 103.4.1.3) and allow the Chief to order abatement (Article 1, 103.4.5).
In as much as the Uniform Fire Code has been adopted and is part of the Town of Vail Municipal
Code, it should be noted the penalty section of the Municipal Code reads in part, as follows:
"1 -4-1; GENERAL PENALTY I:
A. Violation And Punishment:
I. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements
of this Code. Unless otherwise specifically provided, any person eighteen (18) years of age or older
violating. any section of the Town Code shall be punished by a fine of not more than nine hundred ninety
nine dollars ($999.00), or by incarceration not to exceed one hundred eighty (180) days or by both such
frne'and
incarceration. "
It is not within the scope or authority for Vail PYre & Emergency Services to dictate what penalty
assessment the Court may impose upon a finding of guilty. It is within our scope and authority to enforce
the code. The Town of Vail Municipal Code is available on -line at http: / /www. vailgov,com/, where the
penalty section of the Municipal Code may be reviewed.
Please contact me if you need further urther explanation or you may contact Chief Gulick at 479-2253 or
Town Attorney Matt Mire at 479 -2107.
Sincerely,
Michael McGee
Deputy Chief / Fire Marshal
Cc: Matt Aire, Town Attorney
Juhn Gulick, Fire Chief
Oct -03 -06 03:05pn Frv-TO'A'i OF VAIL COWU41TY OEVELOPPENT 9704792452 T -479 P.010/021 F -745
u
ToTtiNIv aFVAa-
Vail Fire & Emergency Services 42 West Meadow'Orive Va14 Colorado 51657 970:79 -2250
April ,?0, 2004
Dean Taylor
1625 arirner Street,
Smite '407
Denv: r, CO 80202
Re: Retrofit Fire Spr:nkler InstaLlaliun at Crossroads
Dear Mr. Taylor,
Thank you far your lever and your plhone message. I understand how schedules become cretvded and
apologizefor the delay in responding,
Yc.'rs is not [ice only issue still pending. A.ssuch, I must clam a couple of issues regarding the
Crossroacs Condominium Association's and the contract for the fire sprinkler System by delineating certain
chronoloc -rat and detailed events.
As ycit know, several years ago, the Town of Vail issued an arder to comply with the Fire and Building
Code. The plaits and specificatiuns for the Crossroads West retrofit ay developed by Jim Buckner pith Morter
Architects and Perry Mathews, P.E. with B.F_P..K, afire protection engineer, were fairly comprehensive,
reviewed and approved by Trail Tire & Emergency Services prior to going out to bid
The project ►vas reviewc4 In detail wilh a representative from Evans Chaffee over the course of .veveral
meetings, ,I;cnderstand Evans Chaffee had seve. -al additional meetings with subcontractors. Il appear.:d,
based on'the discussions with Evans Chaffee, their scope of work reflected all the items and elements
necessary to meet the compliance crder as' well.
During yours and my disc(... ion, I did stale it is the desire to have change orders reduced to a
minimum by virtue of careful and comprehensive planning. Based on information given to us by property
owners, contractors, designers, and architects, we believe a general statement can be made that an additional
10% in plan development often results in 20% - 30% savings in change orders. It has been suggested a S% -
10% allowance should be made for inevitable issues not readily identifiable in a retrofit; Wye have been in
nheetir -gs wherein the property owners, owner's tepresentatives, and others have agreed that change orders
resulting fruit unforeseen eletn:.ids would be charged back on a time and material (T &M} basis.
I arts not aware whether Z- ossroads had such at: agreement with the contractor or nob
rN'th respect to Crossroads Management's widerstattdin- of specrcations as they relate to f re , Win
and fi. .sprinkler systems anti issues relaied to a reirea, I cannot comment. Steve Stafford Ihulicated Slifer
Wana;, - rnent and the Associutiun were comforta.5le with their decisions.
Oct -03 -06 03:Up:n Fro.: -TOA OF VAIL COMLAITY DEVELOPANT 9704792452 T -479 P.011 /021 F -745
Page 2
I was asked by Steve "I'tafford early in the process to review three bid packages in ternu of comp: - . rice
with the intended scope of t1-'x project; Each package was submitted.by a general contractor.
All three proposals fad; e d to include snfji detail to make a reasonable deternainalion. I sr ;gested
each of the proposals needed lobe revised. I never dirt see nor did I need to see the contract with eith cr Evans
Chaf .re or,R &R and Habitats ff "est or any other civil instrument signed by theA.ssoclation.
After the installation of the fire sprinki'er began, we had a discussion with representatives r fHabitals
Wes: regarding the requirement to address the flame spread in the stairwells. Ac agreement and
spectications required the woods:= .'ing in the A, C, and C rowers be either replaced with a material with ' a
Clas.> Aflame spread or treated with an appro ved fire retardant Habitats West asserted that was not in their
colt =. and Slifer nwnab ement alleged treaterlent of the stair towers was nat in the ' Irst ph ase" of the work
Xve :cad to make it perfectly clear r. o Cerlifccate of Occupancy or Finallnspection could be issued irnlc:rs the
slam towers were addressed-
Additional issues regarding the locatioa of the fire department connection and the feeder pipe arose
whe:: the general contractor was told a change in the plans to relocate the supply pipe from the interior to the
erlc: for would require approval front the .Design Review Board Again, Habitats West contended ar _v soffit
enc =osure around the fire department connection pipe was not in their original contract or bid
.Late in the project, an issue came up regarding the required upgrade to the existing fire sprinkler
systern in the commercial areas and Tower E. The applicant also indicated the requirements to address
existing deficiencies in the theater and the groc ery store were not included in their bid. I did furnish Steve
Strafford a copy of the first page of the specifications written by Perry Mathews, P..-, which included those
elements being debated between the property owners and the contractors. I have not been asked to comment
on any subsequent issue (s).
While it is within the scope of my office to try and answer questions of the p roperty owner an-j
applicants, it is not within our scope to get involved in the selection of a contractor or how any court.; :rsinhan
association decides to assess l/te members for work in limited or limited co►nmon elements. It is our desire to
aetual,v avoid any involvement in such matters. Likewise, I cannot execute agreements with contractors
regara r =g limitations on pricing, change orders, cost overrtuts or return offtinds. That is clearly beyond our
author ' y and such actions could ►rte construed as un ethical and iMegal as it relates to restraint of tr :? de. I in
fact, �,: r e no such agreenterrt and never have had Such an agreement as Fire Marshal, with any cc..:. acto
Pith respect to the Association's election to change general contractors, again, Vail Fire &
Emerge - cy Services had no role or input on that decision We were merely the recipients of such
inforanatlon It was explained to me the reason. for the change in general contractors was a significant
difference in the contract price. It may be prestimptuous but it appears at least saute of the d fference in price
was due to a perceived difference in the scope. Evans Chaffee appeared to have all llte elements required by
the Town of Vail in their proposal whereas Habitats West did not I did not have any meetings with P`e
second contraC7orprior to theAssocin'lon terminating their relationship with Evans Chaffee and
sub,;equently awarding the contract to .R &R.
Oct-03-06 03:0 p From -TORN OF VAIL COE4IUNITY DEVELOPMENT 9704792452 T -479 P- 012/021 F -745
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Page 3
There was discussion betir.:en Steve Stafford, Habitats West, a subcontractor to R &R, and the ,Fire
Depurtment regarding the scope of the work. This discussion did not occur until the e►rd of thefrst phu:se.
When I asked Dave Peters with Habitats West about the additional work required to meet the compliance
order, lie iudicaled it was not in the scope of hes contract and he disavowed any knowledge of the remaining
elements needed to comply with the Fire and Building Code.
Crossroads Condominium Association has not yet complied with the orders issued by the Town of Veld
nor l. they eornpleted the work h1euty - led in the scope and sequence of the plans and speciy7catlons as
devei:,-_ved by Bucker and Mathews and approvod by the FireDepartment
As far as Mr. Noble's en vironmental assessment, I understand this Is a normal procedure in real
esta::- r'ransactions and is required and paid far by parties other than Vail ,Fire & Emergency Services.
^s we also discussed in our meeting, I ab believe reasonable people can make reasonable decwions
given ..:• information. I hope and trust the issues identified in your letter of February 24, 2004, will be
resolve ' o' etiveen the Association, the members, and the contractors in an equitable and expedient nlanner.
1 wish you a speedy and look forward to your next visit
Sincerely,
lilichael McGee
Deputy Chief /Fire Iarshal
Cc: Fire Chief John Gulick
Fire Prevention 4fftcerAlike Vaughan
Chief Building Offteial Charlie Davis
Matt Mire, Town Attorney
(W
Public Notice
Vail Town Council Hearing on the Crossroads Redevelopment Plan
A public hearing is scheduled for December 19, 2006, at the evening Vail Town Council
meeting, which begins at 6:00 p.m., for the purpose of considering Town Council's
approval of the Crossroads Redevelopment Plan. This hearing will be held in the
Chambers of Vail Town Council, located at 75 South Frontage Road in Vail, Colorado.
By way of general identification, the urban renewal area includes the Crossroads
shopping center property bounded on the north by the 1 -70 frontage road, on the east by
Village Center Road, on the south by East Meadow Drive, and on the west by private
property.
Please refer to the Town of Vail web page at www.vailgov.com for more information.
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TOWN OF VAIL I /
Town Manager
November 15, 2006
Mr. Peter Runyon
Eagle County Commissioner, Chair
500 Broadway, P.O. Box 850
Eagle, CO 81631
Dear Commissioner Runyon:
On behalf of the Vail Reinvestment Authority, I would like to inform you that the Town of
Vail has scheduled a hearing on December 19, 2006, to consider approval of the
Crossroads Reinvestment Plan. This Plan is submitted to you pursuant to C.R.S.
§ 31 -25 -107.
The Crossroads Reinvestment Plan does not include any provisions for tax increment
financing. The property proposed for inclusion in the Crossroads Reinvestment Area is
encumbered by certain restrictive covenants which impede redevelopment as approved
by Town Council and as contemplated in the Crossroads Development Agreement. The
purpose of the urban renewal plan is to remove those restrictive covenants which
impede the redevelopment.
We have attached a copy of the draft Crossroads Reinvestment Plan for your
consideration and comment. If there is ever consideration of amendment of the
Crossroads Reinvestment Plan to include tax increment financing, you will be informed
as required by C.R.S. § 31 -25 -107.
If you have any questions or comments, please send them to: Town of Vail, Attn Russ
Forrest, 75 South Frontage Rd, Vail, Colorado 81657. You can also call us with any
questions you might have at 970 - 479 -2146.
Sincerely,
1
Stan emler
Town Manager
75 South Frontage Road • Vail, Colorado 81657 970 -479 -2106 / FAX 970- 479 -2157 • www. vallgov. com
=6 RECYCLED PAPER