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HomeMy WebLinkAboutStrata ExtensionJuly 20, 2009 Rocky Cortina Lionshead Inn LLC 705 West Lionshead Circle Vail, Colorado 81658 Dear Rocky, Thank you for taking the time to meet with Stan and I last week to discuss your future plans for the Strata project in Lionshead. As I understood from our conversation, you hope to be involved with pre -sales and marketing of the project over the next several winter ski seasons followed by an anticipated construction start date of June, 2011. The purpose of my letter is to follow up on your conversations regarding the extension and expiration dates of the various development approvals associated with the Strata project. As you are aware, the PEC and DRB approvals of the Strata project both expire on June 9, 2010. Pursuant to Section 12- 7H -7(E), in part, ♦ (g vh04" ...__V;1 4"L40t "Administrative extensions can be granted for reasonable and unexpected delays� as long as code provisions affecting the proposal have not changed. " Unfortunately, several important code provisions affecting this project have changed and I am unable to grant any extensions of the PEC and DRB approvals beyond the June 9, 2010 expiration date. That being the case, I strongly advise you to make the minor amendments needed to your building permit application to fully comply with the 2009 IBC provisions. With these amendments indicated on the plans and approved, the Town of Vail will be able to issue a building permit for this project by June 9, 2010 and extend the approval to June 9, 2011, as a condition of the issuance of the building permit. I believe this approach will fully meet the needs you expressed in our earlier meeting. Please contact Martin Haeberle, Chief Building Official, by telephone at (970) 479 -2142 to arrange a meeting to discuss how the 2009 IBC code requirements can be incorporated into your existing plan sets. Should have any questions or concerns with regard to the information addressed in this letter, please do not hesitate to call me at (970) 376 -2675. Sincerely, George Ruther, AICP Director of Community Development Town of Vail RESOLUTION NO. 6 Series of 2010 A RESOLUTION OF THE TOWN OF VAIL ALLOWING FOR A ONE TIME, EIGHTEEN MONTH, ADMINISTRATIVE EXTENSION TO THE LAPSE OF APPROVAL FOR CERTAIN APPROVED DEVELOPMENT PLANS APPROVALS; AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the current state of the economy and the present circumstances within world financial markets makes the ability to obtain construction financing difficult, impractical, or nearly impossible, anti; WHEREAS, there are four specific development projects with development review application approvals from the Town of Vail which are impacted by the current state of the economy and unable to diligently pursue construction due, in part, to the present circumstances within world financial markets; and. WHEREAS, the Vail Town Code establishes an approval period for development review application approvals; and WHEREAS, approval of an Approved Development Plan for a major exterior alteration application remains effective for a period of two years and the approval of an Approved Development Plan for a special development district remains effective for three years, pursuant to the applicable provisions of the Vail Town Code; and WHEREAS, the Vail Town Council finds that a one time, eighteen (18) month extension to the term and effect of the approval period should be administratively granted provided the project continues to adhere to certain terms and conditions as prescribed by the Vail Town Council; and WHEREAS, it is in the best interest of the Town and its citizens to grant an administrative extension to the approval period of certain projects to avoid unnecessarily requiring the projects to go through the review process again, as it will result in additional costs and timely delays; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Projects Effected by this Resolution • Cascade Residences (SDD #4 /PEC07 -0058) • Cornerstone Residences (SDD #4 /PEC07 -0055) • Strata (PEC08- 0028 /PEC08 -0030) • Timberline Roost Lodge (PECO5- 0080 /PEC06- 0012 /PEC06 -0083) 2. Terms and Effect of Extensions a. Upon written request to the Director of Community Development, a one -time, eighteen (18) month extension will be granted from the last date of expiration. b. The extension shall be valid only for the approved development plan approval that was originally granted by the Town of Vail. C. Any request for a change to a' proved development plan which requires review by the lanning & Environmental Commission, and that is subsequently approved, shall cause the extension and its effects to be voided. d. Any approved development plan which has not yet been reviewed or issued a building permit shall fully comply with the applicable provisions of the 2009 International Building Codes, as adopted and as may be amended from time to time. e. The granting of the extension shall be by administrative action. 3. Effective Date of the Resolution This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of February, 2010. Richard D. Cleveland, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk t MEM • : Vail Town Co uncil • FROM: Community Development Department (A4 f;3. DATE: December 1, 2009 .—# 7_ ` '�iQS �t SUJECT: A worksession to present the Town's adopted ( regulations for considering a request to extend a lapse in development application approvals and to discuss options for addressing several existing development application approvals which are set to expire. \,.tk vow -1•I�, To�-I Lcrs� z 1. PURPOSE - -J► Coues+-auc.TiOU T u• StA�E� • '�14 4. . The Vail Town Council directed staff to present the Town's adopted regulations for considering a request to extend a lapse in development application approvals. The purpose of this worksession is to review the existing regulations related to extensions of application approvals and to evaluate potential alternatives for extending several existing development application approvals. 11. BACKGROUND �� l.Ot1�•�2.caC..T1 a�J C..�S� T •' • 1 YYI�� i Gr4{'f ocJ . There are presently four approved development plans which received approval of development review and design review applications within the last several years. Those projects include: • Cascade Residences (SDD amendment) 7Z . � • Cornerstone Residences (SDD amendment) • Strata (approved development plan) 3. • Timberline Roost Lodge (approved development plan) Each of these projects went through the appropriate development review process and has been granted an approval by the Town of Vail. While each of the projects differ in some regards (ie SDD amendment, major exterior alteration, building permit application, building permit issuance, etc.), they all have several factors in common. That is, each of the projects was reviewed and approved by the Town of Vail prior to the effective date of the ordinance adopting the Construction and Building Materials Use Tax and the ordinance amending the Zoning Regulations requiring that at least 50% of the employee housing obligation of the project be provided on site. According to the Town's files, approvals for these projects were granted on the following dates: • Cascade Residences (approved 11/06/07 — expires 11/06/10) • Cornerstone Residences (approved 05/06/08 — expires 05/06/11) • Strata (approved 06/09/08 —expires 06/09/10) (building permit expiration 06/09/11, per letter dated 07/20/09, attached for reference) Timberline Roost Lodge (first approved 10/11/08, amendments approved 1/16/08 expires 1/16/11) The Vail Town Council adopted the following two ordinances which affect development proposals within the Town: Ordinance No. 37, Series of 2007 (effective January 1, 2008) - Construction and Building Materials Use Tax Ordinance No. 1, Series of 2008 (effective January 1, 2008) - 50% On -site Employee Housing Requirement III. APPLICABLE ZONING REGULATIONS Special Development Districts 12- 9A -12: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12 -9A -4 of this Article. (Ord. 21(1988) § 1) Approved Development Plans (exterior alteration) 12- 7A -12: EXTERIOR ALTERATIONS OR MODIFICATIONS: 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 5(2003) § 5: Ord. 31(2001) § 7. Ord. 23(1999) § 1) Conditional Use Permit 12 -16 -8: PERMIT APPROVAL AND EFFECT. Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. (Ord. 5(2003) § 18: Ord. 10(1998) § 10: Ord. 48(1991) § 1: Ord. 16(1978) § 4(d)) There is no procedure prescribed in the Zoning Regulations which permits an administrative extension to a development review application approval (ie, PEC/TC action). Design Review Application 12- 11 -12: LAPSE OF DESIGN REVIEW APPROVAL: Approval of the design of a proiect as prescribed by this chapter shall lapse and shall become void one year following the date of final approval of the Project unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion. However, if there have been no zoning revisions or revisions or amendments to these guidelines which would alter the conditions under which the approval was given, the community development staff may extend the period of approval. (Ord. 39(1983) § 1) IV. FACTORS FOR CONSIDERATION In preparing this memorandum the Town staff considered numerous factors for consideration. The Vail Town Council may wish to consider these same factors, as well as others, in making a determination on whether to proceed with amendments to the Town's Zoning Regulations or to make exceptions to the adopted regulations. The following factors were considered: • Are the Town's expectations regarding the granting of extensions clearly stated? • Would an exemption from the Town's regulations maintain equal and fair 1 treatment by the Town of Vail? • Provisions were created and clearly stated which already exempted certain projects from the requirements of the Town's regulations. • Rational nexus studies and findings of facts were considered in the adoption of the Town's land use regulations and taxing opportunities and those studies and facts remain relevant. • Have all administrative extension options and alternatives been exhausted at this point? • Have Code provisions been changed since the granting of the approvals which would now change the proposal? V. OPTIONS FOR CONSIDERATION Option #1: Adopt an Ordinance Amending the Zoning Regulations and /or Establishing a One -Time Exception the Regulations. The regulations prescribed for the lapse of Planning & Environmental Commission and Design Review approvals are outlined in the Vail Town Code. As such, the town's adopted regulations may be amended 3 pursuant to the procedures outlined in Chapter 3 of the Zoning Regulations. According to the prescribed regulations, there are four reasons to amend the Regulations. They are: 1. The amendment furthers the general and specific purposes of the Zoning Regulations, 2. The amendment better implements and better achieves the adopted goals, objectives and policies of the Vail Comprehensive Plan and the development objectives of the Town of Vail, 3. The amendment demonstrates how conditions have substantially changed and the existing regulations are no longer appropriate and applicable, and 4. The amendment provides a harmonious, convenient workable relationship among the land use regulations. That said, the Vail Town Council could *truct staff to prepare a text amendment to amend the languag r 3rding the lapse of approvals for planning applications. The amendould be as simple as change the duration of approvals for more than two years or add new language which establishes criteria whereby administrative extensions may be granted for extenuating circumstances out of the control of the applicant and /or the town. Additionally, a text amendment could be prepared which essentially creates a one -time exception to the prescribed regulations (ie., construction use tax, employee housing requirement, etc.) for established and articulated reasons. In this instance the reasons for the one -time exception would again be due to extenuating circumstances. In considering this option, it should be clear that if this option is further pursued, that whichever amendment or exception language is adopted, it must be equally and consistency applied to all planning approvals that are in a similar circumstance. Option #2: Enforce the Zoning Regulations as Adopted The Zoning Regulations as presently adopted contemplate and make provisions for lapse of approvals. The applicable regulations are outlined in Section II of this memorandum. While the current circumstances of the real estate market have been difficult on many facets of our community, the reality is that town has adopted the regulations for lapses of approvals for a reason. Additionally, the Vail Town Council and the electorate of the community have adopted new legislation which affects and alters the four projects described in section II in this memorandum. The question to consider is whether those reasons have changed, and if so, to what degree? VI. STAFF RECOMMENDATION As this is a worksession item, the Community Development Department does not have a formal recommendation at this time. To develop a formal recommendation staff would like to have a better understanding of the Town Council's policy interests and objectives and gain more input from the public. Staff believes that the first question that must be addressed is "to change or not to change?" If after discussing this question with the Town Council and public it is determined that some form of change is believed to be warranted, then staff will further develop Option #1 alternatives for further consideration and deliberation at an evening public hearing. If, however, it is determined that changes to the existing regulations are not necessary based upon the factors for consideration described in section IV of this memorandum, then no further analysis is necessary at this time. y � ouc. Ti me- 6Lepovl p l .