HomeMy WebLinkAbout2015-32 2015 Addendum to Amended Lionshead Public FacilitiesRESOLUTION NO. 32
SERIES OF 2015
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE
2015 ADDENDUM TO THE CURRENT LIONSHEAD PUBLIC
FACILITIES DEVELOPMENT PLAN TO ADDRESS HOUSE BILL 15-
1348
WHEREAS, by the adoption of Resolution No. 9, Series 2005, the Town Council
adopted the Amended Lionshead Public Facilities Development Plan (the "Plan");
WHEREAS, on May 29, 2015, Governor Hickenlooper signed into law House Bill
15-1348, which amended certain provisions of Colorado's Urban Renewal Law;
WHEREAS, Section 4 of House Bill 15-1348 applies to, in part, "urban renewal
plan amendments or modifications adopted on or after January 1, 2016, that include any
of the following: Any addition of an urban renewal project; an alteration in the
boundaries of an urban renewal area; any change in the mill levy or the sales tax
component of any such plan, except where such changes or modifications are made in
connection with refinancing any outstanding bonded indebtedness; or an extension of
an urban renewal plan or the duration of a specific urban renewal project regardless of
whether such extension or related changes in duration of a specific urban renewal
project require actual alteration of the terms of the urban renewal plan";
WHEREAS, the above -referenced language is vague and may lead to confusion
regarding whether House Bill 15-1348 applies to certain amendments to or
modifications of an urban renewal plan, particularly with respect to additions to urban
renewal projects, extensions of urban renewal plans, or extensions in duration of urban
renewal projects;
WHEREAS, by adoption of this Resolution, the Town Council desires to reduce
potential confusion regarding the application of Section 4 of House Bill 15-1348 by
clarifying the Town Council's its intentions regarding the meaning of the term "project"
as used in the Plan;
WHEREAS, the Town Council's clarification is set forth in the "2015 Addendum
to Amended Lionshead Public Facilities Development Plan" attached hereto and
incorporated herein by this reference (the "2015 Addendum");
WHEREAS, on October 6, 2015, the Vail Reinvestment Authority recommended
approval of the 2015 Addendum;
WHEREAS, the Town Council finds and determines pursuant to C.R.S. § 31-25-
107(7), that the provisions of the 2015 Addendum, even if they are considered
modifications of the Plan, are not substantial in nature, because they do not
substantially change the urban renewal plan in land area, land use, design, building
requirements, timing, or procedure, and that the modifications set forth herein are
clarifications, not alterations, of the existing provisions and intent of the Plan; and
Resolution No. 32, Series of 2015
WHEREAS, the Town Council finds and determines that adoption of the 2015
Addendum is in the best interest of the public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the 2015 Addendum to
Amended Lionshead Public Facilities Development Plan in the form attached hereto as
Exhibit A. Notwithstanding adoption of the Addendum, all provisions of the Amended
Lionshead Public Facilities Development Plan shall remain in full force and effect. To
the extent of any conflict between the 2015 Addendum and the Plan, the 2015
Addendum shall control. To the extent that subsequent legislation or case law
invalidates House Bill 15-1348 or requires modifications to the Plan, nothing in the 2015
Addendum shall affect the validity or enforceability of the Plan, and if necessary, the
Plan shall continue as it existed prior to the adoption of the 2015 Addendum.
INTRODUCED, PASSED AND ADOPTED this 6th d of October, 2015.
Andrew P. Daly, or
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Resolution No. 32, Series of 2015 2
2015 ADDENDUM TO AMENDED LIONSHEAD PUBLIC FACILITIES
DEVELOPMENT PLAN
TOWN OF VAIL, VAIL REINVESTMENT AUTHORITY
This 2015 Addendum to the Amended Lionshead Public Facilities Development
Plan is an addendum to the Amended Lionshead Public Facilities Development Plan
adopted by the Town of Vail on June 7, 2005 (the "Plan"). Because this 2015 Addendum
will not change the Plan in land area, land use, design, building requirements, timing or
procedure as previously approved, this 2015 Addendum is not considered a substantial
modification of the Plan.
House Bill 15-1348
House Bill 15-1348 was adopted by the Colorado Legislature in the 2015
legislative session and signed by the Governor on May 29, 2015. House Bill 15-1348 did
not change the definition of Urban Renewal Project in the Urban Renewal Act, C.R.S. §
31-25-101, et seq. Accordingly, this Addendum confirms that so long as the
"undertakings and activities" of the Vail Reinvestment Authority are consistent with the
approved Amended Lionshead Public Facilities Development Plan and the Vail
Comprehensive Plan, such undertakings and activities will not trigger the provisions of
House Bill 15-1348.
Any land that is developed or redeveloped in accordance with the Amended
Lionshead Public Facilities Development Plan shall not be deemed the "addition of an
urban renewal project' within the meaning of Section 4 of House Bill 15-1348, because
such undertakings and activities have been previously authorized by the Amended
Lionshead Public Facilities Development Plan.
Examples of such undertakings and activities include without limitation the
following public improvements within or outside the Plan area which are intended to
address conditions of blight within the Plan area:
1. Construction of the Lionshead Transit Center (approximately $5,900,000, of
which approximately $1,200,000 will be contributed by the Vail Reinvestment
Authority);
2. Lionshead Welcome Center improvements (approximately $7,800,000);
3. Remodel and expansion of the Vail Public Library (approximately
$2,300,000);
4. Improvements to the east and west Lionshead portals (approximately
$2,700,000);
5. Design, manufacture and installation of way -finding signage (approximately
$4,000,000, of which approximately $350,000 will be contributed by the Vail
Reinvestment Authority to the Lionshead portion of the signage);
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6. Installation of a parking system equipment for the Lionshead Parking
Structure (approximately $300,000);
7. Construction of the entry to the Lionshead Parking Structure (approximately
$2,300,000);
8. Design and construction of Sunbird Park (approximately $1,000,000);
9. Lionshead Parking Structure capital maintenance (approximately $50,000
per year);
10. Design and construction of the 1-70 underpass (approximately $30,000,000,
of which approximately $10,000,000 will be contributed by the Vail Reinvestment
Authority);
11. Improvements to the Frontage Road from the Lionshead Parking Structure
to the Vail Municipal Building site (approximately $3,600,000);
12. Lionshead median improvements (approximately $1,500,000);
13. Improvement of the Dobson Plaza (approximately $1,100,000);
14. Improvement of East Lionshead Circle from the Lionshead Welcome
Center to Dobson Arena (approximately $900,000);
15. Expansion of the Lionshead Parking Structure (approximately
$18,000,000-$36,000,000, depending on the size and scope of the project);
16. Enhancement of the existing Lionshead Parking Structure (approximately
$3,500,000);
17. Purchase of real estate to alleviate blight in the Plan area (approximate cost
cannot be determined at this time); and
18. All management, professional, treasurer and other fees associated with
such undertakings and activities.
This list of undertakings and activities is not intended to limit the Vail Reinvestment
Authority from pursuing other undertakings and activities consistent with the Plan. The
approximate costs are current estimates only, and are not intended to be limitations on
actual project costs. Notwithstanding such estimates, the Vail Reinvestment Authority is
authorized to expend any and all amounts necessary for such undertakings and activities,
consistent with the Plan.
Approved and adopted by the Vail Town Council on October 6, 2015, 2015 by
Resolution No. 32, Series 2015.
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Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
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