HomeMy WebLinkAboutCascade Residences Approval Extension ConversationGeorge Ruther
From:George Ruther
Sent:Tuesday, December 07, 2010 7:45 AM
To:Steve Lindstrom'
Subject:RE: Cascade Residences
Good Morning Steve-
Thank you for your patience in affording me the time to get to your request for confirmation on the expiration date of
your SDD approval.
I have re -read my email message to you and again confirm that the statements and dates outlined in my previous email
remain true and accurate. That said, your SDD approval for the Cascade Residences expires in May of 2012.
I will place a copy of this correspondence in the project file for future reference and clarification. If I can be of any other
help please do not hesitate to call or write.
Thanks again and enjoy the day....
George Ruther, AICP
Director of Community Development
Town of Vail Community Development Department
75 South Frontage Road West
Vail, CO 81657
39 38'39.5"N 106 22'51.0"W @a 8150)
p: 970.479.2145
c: 970.376.2675
f: 970.479.2452
http://www. vallgov. com
How are we doing? Please click the following link to complete the Community Development Survey:
hMq- , 11www.vail4ov .com /channels /survey /show5urvey.asp ?survey 1d =55 &dept id =38
Please Join me in reeking a Difference. Think before you print!
From: Steve Lindstrom [mailto:slmf @vailmovies.com]
Sent: Thursday, November 18, 2010 10:09 AM
To: George Ruther
Subject: Cascade Residences
George:
Attached is a scan of the email you sent me 2/4/2010 regarding extension of approvals for Cascade Residences (sorry, I
changed computers and lost all old emails). Please let me know if we need to do anything before May of 2012 (the
indicated re- activation of building permit).
Thnx,
SL
Steve Lindstrom
From: George Ruther [GRuther@vailgov.com]
Sent: Thursday, February 04, 2010 8:38 AM
To: Steve Lindstrom
Subject: Re: Cascade Residences
Good Morning Steve-
Given the nuances of each of the approved projects I believe I spoke out of turn.
According to the Code, a lapse of approval for an SDD is three years, unless the applicant
diligently pursues a building permit. That said, your application was originally approved
in November of 2007 and therefore expires in November of 2010. Unlike approved
development plans, SDD's can not be granted an administrative extension. The 18 month
extension moves the expiration date to May of 2012. If prior to the expiration date you
re- activate your building permit by updating the plans to the 2009 IBC and pay only the
additional plan review fees, you would have another 12 months to go through the plan
review process and have your permit issued. That takes you out to May of 2013. Upon
issuance of the building permit, the permit is valid for one year which takes you out to
May 2014 to start construction.
Effectively, the Town Council's decision, with some additional work on your part, grants
you nearly 4 1/2 years of additional time.
Please call with any questions....
George Ruther, AICP
Director of Community Development
Town of Vail
75 South Frontage Road
Vail, Colorado 81658
970) 479 -2145 (o)
970) 479 -2452 (f)
970) 376 -2675 (c)
Steve Lindstrom" <slmf @vailmovies.com> 2/3/2010 2:38 PM >>>
George:
Just to clarify last night's council directive regarding entitlement extensions (assuming
ordinance approval): Cascade Residences would be granted an extension of 18 months after
the currently scheduled expiration (Nov 2010), plus an opportunity for a 12 -month
administrative extension. Is that correct? Also, we applied for, paid for and received a
building permit, which has now expired. What would be required to re- activate the permit?
Thanks for your help,
Steve Lindstrom
970 - 476 -3035
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1
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 PLAN=
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:
Proiects 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 toCa proved development plan
which requires review by the nning & 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
li.>G'i LCD: ii -
li I /Lr f
MEMORANDUM
Vail Town Council P
FROM: Community Development Department ( Awe.
DATE: December 1, 2009 ---%. 7- ` c-YwS -wi l-4.
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.W k0"r o -4• Tom.! Lc z
I. PURPOSE —4w C0LJC5k "GT 0L4 T' u='•
SvLE S " [lh .
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.
II. BACKGROUND
1 tM iGr4toJ •
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:
i • Ki m ter. keoalCascadeResidences (SDD amendment) - • 14uCornerstoneResidences (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
I11. 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
2
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 REVIEWAPPROVAL:
Approval of the design of a project 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
p
stated?
r Would an exemption from the Town's regulations maintain equal and fair1treatmentbytheTownofVail?
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
i
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 i"truct staff to prepare a text
amendment to amend the languag rdarding 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
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