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HomeMy WebLinkAbout2005-05-03 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 2:00 t~.M., TUESDAY, MAY 3, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Gen Wright ITEMITOPIC: Site visit regarding the first reading of Ordinance Matt Gennett No. #12, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units; and setting forth details in regard thereto. (30 min.) BACKGROUND RATIONALE: On February 8 and April 11, 2005, the Town of Vail Planning & Environmental Commission (PEC) held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto. Upon consideration of .the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to the Vail Town Council. A copy of the , staff memorandum to the Planning and Environmental Commission, dated April 11, 2005, with revised conditions has been attached for reference. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 12, Series of 2005, upon first reading. 1. George Ruther ITEMITOPIC: PEC/DRB Update. (30 min.) 2. Gina Bentz ITEMITOPIC: Budget timetable and council contribution criteria discussion. (20 min.) ACTION REQUESTED OF COUNCIL: Discuss the proposed timeline for the preparation of the 2006 budget and discuss the criteria for 2006 contributions. BACKGROUND RATIONALE: At the start of each budget season, a time table is presented to council with future dates for the budget process. Included in this calendar for the 2006 budget are the dates specific to the council contribution requests. The criteria for the council contribution requests is looked at each year to determine if any changes need to be made based on the prior year's process. STAFF RECOMMENDATION: Discuss and provide any changes or recommendations to the budget time table and the criteria for the council contribution requests. 4. Stan Zemler ITEM/TOPIC: I-70 Corridor Coalition Pre-Meeting Recommendations. (15 min.) Town staff will be attending a May 5th and 6th f-70 Corridor Coalition consensus building workshop in Granby with 30 other jurisdictions along the .corridor. It is hoped the workshop's outcome will be the coalition's consensus for the corridor as a response to the I-70 Preliminary Environmental Impact Statement (PETS). We will be representing the town in negotiations and agreements in building consensus of how the corridor will function and look in the future. The town may be asked to sign an intergovernmental agreement if consensus is reached. We would like to understand any issues which are deal stoppers from the Town of Vail standpoint and items which need to be addressed for Vail in order to be comfortable with a deal. It is most likely that any preferred alternative will, be couched with caveats. Are their any areas of concern or caution that need to be addressed? 5. Russ Forrest ITEM/TOPIC: Proposed Amendment Process for the LionsHead Public Facilities Development Plan. (10 min.) ACTION REQUESTED OF COUNCIL: Staff would like to inform Council of proposed next steps to amend the LionsHead Public Facilities Development Plan. BACKGROUND RATIONALE: At the April 19th Town Council meeting Malcolm Murray indicated there was now the need to move forward with amending the LionsHead Public Facilities Development Plan to include Tax Increment Financing (TIF). The primary justification for this is that: 1) There have been proposed amendments to the Urban Renewal Authority Law proposed recently by the Colorado State Legislature that; may impede tax increment financing; and 2) Vail Resorts is now moving forward with the development of the Core Site. g. ITEM/TOPIC: Information Update. (1D min.) 7, ITEM/TOPIC: Matters from Mayor & Council. (10 min.) g. ITEMITOPIC: Adjournment. (4:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 12 NOON, TUESDAY, MAY 17, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 11, 2005 SUBJECT: A request for a recommendation to the Vail Town Council of a major amendment to a special development district (SDD), pursuant to .Section 12-9A-10, .Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto. (PEC05-0010) Applicant: Mirus LLC and Wright & Company, represented by Pylman & Associates Planner: Matt Gennett I. SUMMARY The applicants, Mirus LLC and Wright & Company, represented by Rick Pylman of Pylman & Associates, are asking the Planning and Environmental Commission for a final recommendation to the Town Council on the proposed Westhaven Condominiums project, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village: Pursuant to the criteria and findings listed in. Section VIII of this memorandum, , staff recommends the Planning and .Environmental Commission forwards a recommendation of approval to the Town Council on the proposal detailed herein. II. DESCRIPTION OF THE REQUEST The applicants, Mirus LLC and Wright & Company, represented by Pylman and Associates, have requested a final review hearing with the Planning and Environmental Commission to present a proposed development plan and request for an amendment to Area A of Special Development District (SDD) No. 4 to develop the Westhaven Condominiums, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). The proposal includes the development of 13 dwelling units and 29 enclosed parking spaces, with provisions made for eight (8) required employee housing units. A copy of the Westhaven Condominiums written proposal from the applicant is attached for reference (Attachment B). A reduced copy of the proposed floor plans and elevations has been attached for reference (Attachment C). 1 III. BACKGROUND (The Background section of this memorandum is focused primarily upon the relevant history of what is known as Area A in SDD # 4.) • In 1976, Special Development District No. 4 was created from 97.52 acres of land without known zoning in the area of Vail known as Lions Ridge and includes the Westhaven Condominiums site. • In 1982, a building' permit was issued for the 0.85 acre Westhaven Condominiums site. Construction was then halted following a partial completion of the foundation and lower level parking garage. While there has been several different ownership groups involved in the site during the intervening years, this partially constructed building remains today. • In 1985, the Town of Vail approved Ordinance # 8, ,Series of 1985, which specified that Area A of Cascade Village should include. .ten employee- housing units with a total area of 6,400 square feet. • In 1993, the Town of Vail approved Ordinance #1, Series of 1993, which clarified how many employee housing units should be directly associated with the Westhaven site. The ordinance state (in part): "The developer(s) of Area A shall build a minimum of eight employee dwelling units within Area A Westhaven Condominium Building." Subsequent to these amendments there have been three separate approvals granted for development on the Westhaven site, each proposing .varying arrays of employee housing in mixed-use residential, accommodation unit, and fractional fee development concepts. • In 1995, an approval was granted to construct fourteeri (14) free-market condominiums and seventeen (17) employee-housing units. • In 1998, a proposal for twenty one (21) employee-housing units, fifteen (15) accommodation units,, and eleven (11) fractional fee units was approved. • In 1999, an ordinance was approved which allowed for twenty-one (21) employee-housing units, seventeen (17} accommodation units, and eleven (11) fractional fee condominium units. All of the aforementioned development proposals .have expired and there currently is no valid, ,approved development plan for the Westhaven Condominiums site. IV. ROLES OF THE REVIEWING BOARDS Special Development District and Major Amendment Order of Review: Generally, applications will be reviewed first by the PEC for .. - _ _ 2 ._.._._ _. impacts of use/development, then by the DRB for compliance of proposed buildings and site planning; and final approval by the Town Council. Planning and Environmental Commission: Action: The PEC is advisory to the, Town Council. The PEC shall review the proposal for and make a recommendation to the Town -Council based on the Criteria and Findings listed in Section IX of this memorandum. Design Review Board: Action: The DRB has NO review authority' on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. V. APPLICABLE PLANNING DOCUMENTS Article 12-9A: Special Development (SDD) District (in part) 72-9A-7: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further fhe overall goals of the community as stated in the Vail comprehensis~ plan 3 VI. SITE ANALYSIS Legal Description: Westhaven Condominiums Site, Cascade Village Address: 1325 Westhaven Drive Lot Size: 0.85 acres (37,026 sq ft) Zoning: .Special Development District No. 4 (no underlying ' zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /Spa Development Standard Allowed Existing Proposed Lot Area: N/A 37,026 sq ft no change Buildable Area: 37,026 sq ft no change Setbacks: Front: N/A 4' 4' Sides: N/A 67'(W)/11'(E) 44'(W)/5'(E) Rear: N/A 36' 14' Building Height: N/A N/A 55' Density: N/A N/A 15.2 DU per acre GRFA: N/A N/A 32,000 sq ft Site Coverage: N/A ~ N/A 51% (18,883 sq ft) Landscape Area: N/A ~ N/A . 49% (18,143 sq ft)'` Parking: 29 spaces N/A 29 spaces Note: Includes lands caping area atop the parking garage. VII. SURROUNDING LAND USES AND ZONING + Land Use Zoning. North: CDOT Right-of-Way Not zoned South: Resort Accommodations and Services SDD No. 4 East: Resort Accommodations anti Services SDD No. 4 West: Resort Accommodations and Services SDD No. 4 VIII. CRITERIA AND FINDINGS The following section of this memoraridum is included to provide the applicant, community, staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. . 4 ... . . Special Development District 72-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of fhe applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solufion consistent with fhe public interest has been achieved: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The applicant is proposing a residential structure staff believes will greatly enhance the visual appeal and complement the architectural aesthetics of adjacent properties. The design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of . Special .Development District No. 4, and its environs. The height, scale, architectural design, bulk and mass and of the building will meld into the neighborhood of the Cascade Resort and neighboring residential uses. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The slight increase in density, (13) thirteen dwelling units, associated with this proposal will not have any negative impact on the functions of the surrounding uses and activities. Considering that adequate parking and better traffic circulation will be provided with this proposal, by virtue of the proposed sidewalk and improvements to the Cascade Club exit drive to the east of the site, this criterion will be met. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. ' The applicant is meeting the parking and loading requirements of the Vail Town code in providing twenty nine (29) enclosed parking spaces in an underground garage. . D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design 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. General Growth/Development 5 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. 1.3 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). Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail land Use Plan. . E. Identification, and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail, Geologic Hazard Maps, the Westhaven Condominiums development site is not located in any geologically sensitive areas or within the 100-year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation, with the notable exception of removing the existing "ruins" foundation structure, and improving the quality of the landscape and vegetation. Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes, landscape additions, and physical improvements including a sidewalk and grading work done for the future extension of the bike path to the north of the applicant's site, off of their own property. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The applicant is proposing changes that will have a positive impact on vehicle and pedestrian circulatory patterns. Staff believes this criterion will be met by the applicant's proposal in its present form, considering the new sidewalk and entrance to the garage designed with site distance and vehicular flow in mind. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is proposing to perform significant improvements to their own property, and surrounding sites, which will have a long term, positive impact on the immediate neighborhood and the Town of Vail as a whole. 6 Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and.. Environmental Commission forwards a recommendation of approval with conditions of the proposed SDD amendment to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: 1. The applicant shall submit a site plan for Design Review Board approval which depicts a sidewalk design continuing from the southwestern portion of their property to the vehicular bridge to the. south located on Westhaven Drive; and which shows improvements on the land immediately north of the subject property to accommodate a future expansion of the Town of Vail's recreation path. 2. The applicant shall provide eight (8) employee housing units offsite pursuant to the language of Special Development District No. 4 (SDD # 4) and terms of an agreement reached with the Town of Vail. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: "Based upon the review of the criteria outlined in Section IV of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 9: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and. harmonious development of the Town in ~ manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 7 X. ATTACHMENTS A. Vicinity Map B. Applicant's Proposal C. Reduced Floor Plans and Elevations c ,~ c 8 :'. _ , _. ,, ~ r x ~ - ,. , - _ _ :Attachment. A~ , ,' .. '~ ~2~ ~lVest~~v~~ ~~~v~ Planning and Environmental Commission Apr~i! 11,: .2..005 rr r ~ .~ 1, ` f ... 1, , .. _.. ,.. 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(parcel hne work is approximate) Attachment: B VVESTHAVEN CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner Mirus LLC Repr-esented by Wright & Company Architect Morter Architects Engineer Alpine Engineering, Inc. • Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc. Westhaven Condominiums SDD Amendment 2 TABLE OF CONTENTS 1.0 Introduction 4 1.1 Purpose of Report 4 2.0 Cascade Village SDD #4 5 2.1 Cascade Village History 5 2.2 Westhaven Condominiums Site History 7 3.0 Proposed Plan 9 3.1 Site Description 9 3.2 Description of Proposed Building 10 3.3 Development Statistics 12 3.4 Utilities 15 3.5 Parking Needs Assessment 15 3.6 ~ Housing 16 3.7 Other Site Issues 17 3.8 Additional Approval Agreement for SDD #4 18 4.0 Special Development District Review Criteria 19 5.0 Key Features and Findings 23 5.1 Key Features 23 5.2 - Key Findings 24 ~ c Westhaven Condominiums SDD Amendment ~ 3 1.0 INTRODUCTION 1.1 Purpose of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Vail Special Development District # 4, Cascade Village. The application requests development plan approval for re- development of the Westhaven Condominiums site located within the Cascade Village Special, Development District. This, application includes a description of the history of the Cascade Village SDD and more specifically, a thorough description of the history of this particular site within the SDD. The application also includes a comprehensive description of existing conditions and bf the proposed improvements. Submittal requirements for a formal Amendment to an SDD are set forth in the Town of Vail development regulations. This application complies with.all of the submittal requirements as outlined .in the Town of Vail SDD Application Form packet. c ~ ,~ Westhaven Condominiums SDD Amendment 4 Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics- section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the Vail Town Code. Permitted Uses A. Area A. Cascade Village 1 First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), Vail Town Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; c 5 Ordinance 12, Series of 2005 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; ' ' 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; c Ordinance 12, Series of 2005 6 T~ 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional. uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square 4 feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. t' 7 Ordinance 12, Series of 2005 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subjecf to issuance of a .home occupation permit in Ordinance 12, Series of 2005 8 accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. \ 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the 9 Ordinance 12, Series of 2005 establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums C 10 ' Ordinance 12, Series of 2005 2. The Developer shall addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated April 22, 2005, prior to submitting an application to 'the Town of Vail Community Department for the issuance of a building permit for this project. 3. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; 1. The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase in p.m. traffic, or $345,000. The construction of the South Frontage Road improvements by the Developer, as indicated on the Crossroads Public Improvements Plan, shall satisfy this requirement. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer 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, 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, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of five (5) beds generated by the redevelopment of Crossroads, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Crossroads project. The required Type II or III deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development . Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two . years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Text Amendments ACTION: Approve proposed text amendments MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-1 (Gunion absent) Conditional Use Permits ACTION: Approve with condition MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 5-1-1 (Lamb opposed, Gunion absent) 1. The applicant shall riot condominiumize and sell fee-simple the 92 parking spaces to be included in the private parking club. A program which establishes a maximum of a yearly lease membership for the spaces shall be implerriented. Warren Campbell gave a power point presentation per the staff memorandum and pursuant to the applicant's proposal which summarized the key points of the changes from last iteration to the latest one as seen today. The presentation made comparisons between the subject proposal, what is allowed under existing zoning, and requirements of the various Master Plans. Jeff Winston made a presentation which compared and coni:rasted building bulk and mass of the proposed structure and neighboring structures. Warren Campbell followed up with comments related to the applicant's request to implement a new standard of 11 feet 6 inch, currently the standard is 11 feet, floor-plate height and how they will affect allowable roof heights. Dominic Mauriello, on behalf of the applicant, started that he had nothing further to add to the presentations by staff and Jeff Winston. Doug Cahill asked about the applicant's progress with CDO~T and an access permit. Dominic Mauriello made a brief answer stating that they had been in preliminary contact with CDOT. Brian Wachs of Blue Sky Mortgage and a resident of the community commended staff and applicant on the public plaza as a space in which to gather was a need of the community. Ann Bishop, representing the 29 owners of Phase III of Vail Village Inn, acknowledged the positive changes made thus far, but still had concerns with how the proposed building related to her client's building and the "Great Wall", which will face their building. She added that there should be a greater stepping down on the northwest corner and an effort made to make it look . more like a series of smaller building, rather than one huge wall. Joe Staufer, resident and property owner in Vail Village Inn, handed out a petition signed by concerned residents, visitors, and second homeowners dated from November 2004, which he forgot to make a part of the record at the last hearing in December. Mr. Staufer spoke to the issues of his project when he developed Vail Village Inn he was required to do one and two floor development along East Meadow Drive and he felt this development should be made to do the same. He added that he did not believe that land uses such as a bowling alley, theater, and ice skating rink would bring people back to Vail. He stated, that in order to bring people back to Vail, accommodation units and time shares need to be created as is the case in the Vail Plaza Hotel. He continued be adding that the employee housing should be located on the site. The purchase of existing units and deed restricting them only removed housing from stock which currently exists and, does not add to the existing housing stock. He concluded by stating the proposed structure was humungous and need to step down more on the western end of the building. Rick Scalpello, resident and representative of the East Meadow Drive Business Association, stated that a majority of the members were in favor of this project. Developers have a right to develop their land and neighbors never want to see change. He concluded by stating that it was important to nail down the construction schedule for this property as adjacent properties need to plan for the impacts accordingly. Stan Cope, manager of the Vail Mountain Lodge, stated that a project, such as Crossroads, can operated successfully as a hospitality building by building in incentives. Jim Lamont representing the Vail Village Homeowners Association, stated that if there are any absolutes in the world, it is that change will happen, absolutely. The changes we're seeing today are evidence of Vail being able to handle and respond to progress. I see progress being made, but not a commitment being made. Consistently, we have heard traffic engineers identify concerns with traffic and circulation on the South Frontage. He added that what is good for VA to give in terms of cash for Frontage Road improvements is the extent of what other projects should give and it needs to be consistent across the board. More dollars need to be put into that South Frontage Road and when it becomes appropriate to put in a roundabout, this developer needs to commit to putting dollars toward its construction. He concluded by stating that the Commission should "bounce the ball" to Council. Doug Cahill, questioned Jim Lamont on how he would suggest the proposed project be reviewed in order to balance what is proposed in terms of public benefits with other projects and what is being proposed here? Jim Lamont stated that public benefits need to be standardize in order for review to be equitable across the board. These numbers also need to be known publicly. If you are saying GRFA is a development right, it should not be taken away. He stated that he thought staff's analysis showing the displacement of GRFA by the plaza in comparison to the GRFA in the setbacks and over the Master Plan's recommendation on height was a good example. There is a basic, intrinsic property right in place which should be equitable among all developers and property owners. Dominic Mauriello replied that the proposal has mitigated the traffic impacts throughout the site as the traffic study shows no overall loss in service at the intersection of Village Center Road and East Meadow Drive, and the public benefits work toward this as well. He added that this proposal has taken public benefit to the next level which other developers have not done. Vail Resorts runs the biggest ski resort in North America and it is not just their developments but the skier traffic they are mitigating as well, which is much greater, hence their contribution of extensive improvements to the South Frontage Road West. In terms of employee housing, we are using a formula accepted by the Town. Ann Bishop added that she thought that the project would not add to the overall experience of Vail. Ann Gunion :stated that felt that the project complied, overall, with the goals outlined in the Master Plans. The consideration of factors regarding SDD development was the issue with which she felt most uncomfortable. She added that the height of the building was well- explained by the presentation that Jeff Winston gave. I hope that we will always have a mix of old and new within Vail. I am glad to hear that the applicant agreed with all of staff's conditions. I want to stress the importance of CDOT approval prior to construction or any further progress of the project. In regard to the rental program, the Council should study the process that was applied to Manor Vail. The encroachment into the western setback may impede redevelopment of the neighboring property because of building code requirements. She concluded that a she may have to leave prior to any votes and if she wasn't present for the vote, she would support approval, with conditions of the project. David Viele stated that having been along-time resident and growing up within the Town, he understood Mr. Stauffer's comments regarding the Town grid its development. However, this project is in keeping with others approved within Vail and the precedence has been set. He added, that there is still much to do regarding design, which will be left up to the DRB. The importance of CDOT approval is paramount. I want to caution Council regarding the precedent that is set through approval with this project in regards to height. The Town should consider a height moratorium in conjunction with this proposal as subsequent projects will continue to ask for greater heights. He concluded by stating that developers have a right to develop their land subject to the Community's regulations of which this project. complies. Chas Bernhardt stated that in spite of the archaic underlying zoning of Commercial Service Center, this area is suitable for denser and taller development, according to the Master Plans. I am looking forward to seeing a great project. Bill Jewitt stated that the 11 feet 6 inch floor plate was a good idea and thought that the project would be a good use of space along the Frontage Road. The new development incorporating theaters, shopping and a bowling alley could be equally as big a draw as the mountain. The quality of the retail spaces could determine who visits the Town multiple times. This would be an enormous step in making the Town fun again. Rollie Kjesbo stated that he thought the applicant had done a good job of bringing the building into conformance with the regulations. I am still worried about the concept of circulation and would recommend that Council scrutinize the idea of a possible round-about at Village Center Road. He concluded by also recommending that Council should look at the rental program that was applied in the case of Manor Vail and applying a version of that program on this project. George Lamb stated that his only remaining concern was that the southwest corner should step down a bit more, though it has already been somewhat addressed. I think that it is very important for the extra 92 spaces to remain flexible in use. The spaces could be granted as a club, but the success of the commercial should be weighed and studied and the spaces may be re-assigned `as necessary. The concept of a real estate office on the first floor was not a ~~ problem for a limited period of time so long as the use only sold properties on the site and ceased once all property in the project was sold. He added that he supported the pay-in-lieu option regarding employee housing units, and would discourage the idea of buying random properties and deed restricting such properties. He suggested that Council study this issue well. He continued by stating that he had a problem with the increased floor plate height (It is this concern that Mr. Lamb identified as his reason for voting in opposition to the motion to approve the conditional use permits associated with the project). The amount of glazing on the building seems excessive as well, though that is a Design Review Board issue. A public use agreement for the plaza between the developer and the Town of Vail should be in place before the project is finalized. The CDOT approval should have been obtained prior to this time or in conjunction with this application. He concluded by stating that the public plaza was very important and the analysis of staff depicted the offset of getting the plaza in this project. Doug Cahill stated that the project had changed substantially and the efforts applied deserve thanks. He continued by stating that the project complies with the Master Plans. He believed the plaza would be a great amenity and the transfer of development rights, therefore locating the building within the setbacks and over the Master Plan recommendation for height, makes the project work. The CDOT access and associated circulation issues absolutely must be resolved for the project to continue, preferable tied to the building permit. The Council must see that the CDOT approval comes in the form of blanket approval or at least a letter of intention. Regarding employee housing, the 30% bar should be raised for pre-existing non conforming uses in this regard. As a part of the motion to forward a recommendation of approval for adopting SDD No. 39, the Commission wanted to recommend that the Council pay close attention to the proposed rental program and look at establishing a way of comparing a proposed SDD project to its proposed benefits on a dollar for dollar basis in order to insure greater uniformity in applying the criteria of the SDD approval process. 4. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isomer & Associates Planner: Matt Gennett ACTION: Approved MOTION: Rollie Kjesbo SECOND: David Viele VOTE: 7-0-0 Matt Gennett gave a presentation per the staff memorandum and power point presentation The applicant's representative, Steve Isomer, stated that staff has done a great job on the presentation. He suggested a sliding scale of site disturbance related to lot size. The larger the lot, the greater the amount of site disturbance permitted. Anne Gunion, stated that she felt if it was site disturbance we were trying to regulate that she felt the DRB already has the ability to limit site disturbance to protect trees, etc. The PEC questioned whether or not staff believed that the DRB had the teeth to limit site disturbance or if they felt it necessary to have this language. There was concern that 60% may be to restrictive. The goal is to get something as easy as possible to administer and protect steep sites. Several members did not think a limit on site disturbance was necessary. No public comment. 5. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to May 9, 2005 MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 7-0-0 6. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to May 9, 2005 MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 7-0-0 7. Approval of April 11, 2005 minutes MOTION: Viele SECOND: Jewitt 8. Information Update 9. Adjournment MOTION: Bernhardt SECOND: Kjesbo VOTE: 6-0-1 (Gunion absent) VOTE: 6-0-1 (Gunion absent) The applications and information about the proposals are available for public inspection during regular olfice hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 22, 2005, in the Vail Daily. t DESIGN REVIEW BOARD AGENDA ~- April 20, 2005 ~~~ ! ~~ ~~ 4 , 3:00 P. M. . PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT MEMBERS ABSENT Sherry Dorward Pete Dunning Joe Hanlon Lynn Fritzlen* Margaret Rogers *Lynne Fritzlen absent from all votes taken after Item #4 SITE VISITS 1. Dantas Residence - 1797 Alpine Drive 2. Westhaven Condominiums -1325 Westhaven Drive 3. Coldstream Condominiums - 1476 Westhaven Drive 4. One Willow Bridge Road - 100 Willow Bridge Road 5. Arts Bar - 143 East Meadow Drive 6. Tyrolean Condominiums - 400 East Meadow Drive 7. Vail Rowhomes - 303 Gore Creek Drive 8. Manor Vail Lodge - 595 East Vail Valley Drive 9. Pinos Del Norte - 600 Vail Valley Drive 10. Affa Residence - 4094 Lupine Drive 11. Ranallo Residence - 1701 Buffehr Creek Road 12. Weyrauch Residence - 2417 Garmisch Drive Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Swearing in of Sherry Dorward and Lynn Fritzlen by Lorelei Donaldson, Town Clerk 2. One Willow Bridge Road DRB05-0121 Final review of change to approved plans (tree removal) 100 Willow Bridge Road/Parts of Lots I & K, Block 5E, Vail Village 1st Filing Applicant: Bob McNichols ACTION: Tabled to May 4, 2005 MOTION: Hanlon SECOND: Dunning VOTE:5-0-0 t - 12:OOpm 2:OOpm 3:OOpm George 3. Westhaven Condominiums DRB05-0154 Matt Conceptual review of a new construction (multi-family building) 1325 Westhaven Drive/Cascade Village Applicant: Wright & Company and Mirus LLC, represented by Pylman & Associates ACTION: Conceptual Review, no vote . 4. Manor Vail Lodge DRB03-0155 Warren Conceptual review of proposed exterior modifications and site improvements (redevelopment) 595 East Vail Valley Drive/Lots A,B,C, Vail Village Filing 7 Applicant: Manor Vail Lodge Association, represented by Zehren Associates ACTION: Conceptual Review, no vote 5. Welles Residence DRB05-0081 Bill Final review of a residential addition (living room) 303 Gore Creek Drive, Unit 6B/Lot 6, Block 5, Vail Village Filing 1 Applicant: Virginia Welles, represented by Snowdon & Hopkins Architects ACTION: Approved MOTION: Dunning SECOND: Hanlon VOTE: 3-0-1 (Dorward recused) 6. Parks Residence DRB05-0080 Bill Final review of a residential addition (living room) 303 Gore Creek Drive, Unit 6A/Lot 6, Block 5, Vail Village Filing 1 Applicant: Margretta & Christopher Parks, represented by Snowdon & Hopkins Architects ACTION: Approved MOTION: Dunning SECOND: Hanlon VOTE: 3-0-1 (Dorward recused) 7. Family Vail Limited Partnership DRB05-0079 Bill Final review of a residential addition (living room) 303 Gore Creek Drive, Unit 5B/Lot 5, Block 5, Vail Village Filing 1 Applicant: Family Vail Limited Partnership, represented by Snowdon& Hopkins Architects ACTION: Approved MOTION: Dunning SECOND: Hanlon VOTE: 3-0-1 (Dorward recused) 8. Family Vail Limited Partnership DRB05-0078 Bill Final review of a residential addition (living room) 303 Gore Creek Drive, Unit 5A/Lot 5, Block 5, Vail Village Filing 1 Applicant: Family Vail Limited Partnership, represented by Snowdon & Hopkins Architects ACTION: Approved MOTION: Dunning SECOND: Hanlon VOTE: 3-0-1 (Dorward recused) 9. Dantas Residence DRB05-0112 Elisabeth Final review of new construction (single family residence) 1797 Alpine Drive/Lot 39, Vail Village West Filing 1 Applicant: Dantas Builders, Inc. ACTION: Approved with conditions MOTION', Hanlon SECOND: Dunning VOTE: 4-0-0 CONDITION(S): .... .. .... . _ ~. _ .. _...~, .. .:......, ... __ .... w . .. _ ..: -, . 1. Prior to Community Development acceptance of the building permit plans for Lot 39, the final plans for Lot 40 must be approved by the Design Review Board, which set must include delineation of an access easement from Lot 39. 2. Prior to construction, the applicant must ensure that the guardrail on the east side of the driveway be located no closer than five feet (5') to the edge of asphalt. 3. Prior to building permit plan submittal, the applicant shall be apply for and be granted a Revocable Right-of-Way permit from the Town of Vail Public Works Department. 4. Prior to Community Development acceptance of the building permit plans, the applicant shall indicate all erosion control measures on the site plan. 5. Prior to Community Development acceptance of the building permit plans, all utility company signatures shall be received and submitted by the Town of Vail. 6. Prior to Community Development acceptance of the building permit plans, the applicant shall submit to the Town of Vail professionally-engineered and stamped drawings of all walls on the site that are .proposed to be greater than four feet in height. 7. Prior to Community Development acceptance of the building permit plans, the applicant shall submit CDOT or professionally-engineered designs of the guardrail. 10. Affa Residence DRB04-0613 Bill Final review of a residential addition (garage and bedroom) 4094 Lupine Drive, Unit A/Lot 5, Bighorn 3rd Addition Applicant: Roger and Marilyn Affa, represented by John M. Perkins ACTION: Approved with conditions MOTION: Dorward SECOND: Dunning VOTE: 4-0-0 CONDITION(S): 1. Prior to submittal for a building permit, the applicant shall revise the landscape plan to include the following tree numbers and sizes: blue spruce: 4 trees a minimum of 8 feet in height, 2 trees a minimum of 10 feet in height, 4 trees at 12 to 15 feet in height; and quaking aspens: 15 trees a minimum of 2'/z inches in caliper, 16 trees a minimum of 3 inches in caliper. 2. Prior to submittal for a building permit, the applicant shall revise the driveway designs to comply with the minimum landscape area requirements of the Two-Family zone district. 11. Trevina LP (Arts Bar) DRB05-0132 Elisabeth Final review of a new sign 143 East Meadow Drive/Lot P, Block.5D, Vail Village Filing 1 Applicant: Trevina LP, represented by William Barry Davis ACTION: Approved with conditions MOTION: Hanlon SECOND: Dorward VOTE: "4-0-0 CONDITION(S): 1. Prior to final inspection by Community Development Staff or by May 21, 2005, whichever occurs sooner, the applicant shall replace the middle awning panel with a new green panel with white lettering to match existing and shall power wash the entirety of the awning on the southeastern facade of the building. 12. Coldstream Condominiums DRB05-0131 Elisabeth Final review of a minor alteration (replace windows, siding, add stone) 1476 Westhaven Drive/Lot 53, Glen Lyon Applicant: Coldstream Condominiums Association, represented by Don MacLachlan ACTION: Approved with conditions MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 CONDITION(S): 1. Prior to final inspection by the Community Development Staff, the applicant shall ensure that all trim-applied to the building and its related structures as part of the proposal consists of real wood. 13. Weyrauch Residence DRB05-0138 Bill Conceptual review of new construction (single family residence) 2417 Garmisch Drive/Lot 14, Block H, Vas das Schone Filing 2 Applicant: Shawn Weyrauch ACTION: Conceptual Review, no vote 14. Pinos Del Norte DR605-0124 Warren Final review of a minor alteration (tree removal) 600 Vail Valley Drive/Pinos del Norte, unplatted Applicant: Pinos Del Norte Condominiums, represented by Nedbo Construction, Inc. ACTION: Tabled to May 4, 2005 MOTION: Hanlon SECOND: Dunning VOTE: 4-0-0 15. Ranallo Residence DRB05-0136 Warren ~ Conceptual review of new construction (new single family residence) 1701 F Buffehr Creek Road/Lot 6, Eleni Zneimer Subdivision Applicant: Pat Ranallo, represented by RAL Architects ACTION: Conceptual Review, no vote 15. Tyrolean Condominiums DRB05-0141 Conceptual review of a residential addition (deck enclosure) 400 East Meadow Drive, Unit 6, Lot 5/Tyrolean Applicant: Enrique Rojas, represented by Suman Architects ACTION: Conceptual Review, no vote 17'. Tyrolean Condominiums DRB05-0143 Conceptual review of a residential addition (deck enclosure) 400 East Meadow Drive, Unit 7, Lot 5/Tyrolean Applicant: Enrique Rojas, represented by Suman Architects ACTION: Conceptual Review, no vote Staff Approvals Matt Matt Bogard Residence DRB05-0133 Elisabeth , Final review of a residential addition (interior conversion) 1390 Buffehr Creek Road, Unit 2/Unit 2, Amended plat, Third amendment to the Residences at Briar Patch Condominiums Applicant: Marian and Tom Bogard, represented by Architectural Services PC Rickman Residence DRB05-0113 Matt Final review of changes to approved plans (change to exterior materials) 1495 Lions Ridge Loop/Lot 2, Block 3, Lions Ridge Filing 2 Applicant: Patricia A. Rickman, represented by P.A.R. Construction Millenium Bank Entry DRB05-0128 Matt Final review of changes to approved plans (relocated front entry) 2111 North Frontage Road West, Unit C-2/Lot 3, Vail das Schone Filing 3 Applicant: Millenium Bank, represented by Tony Faulhaber Cascades on Gore Creek DRB05-0095 Elisabeth Final review of a minor alteration (new exterior) 1390 Westhaven Drive, Units 1-6/Cascades on Gore Creek Applicant: Cascade on Gore Creek Condominium Association, represented by Fritzlen Pierce Architects Bowick Residence DRB05-0129 ~ Warren Final review of changes to approved plans (landscaping ) 2810 Aspen Courl/Lot 13, Block 4, Vail Village Filing 11 Applicant: Earl and Susan Bowick, represented by Better Home Improvers Pitkin Residence DRB05-0125 Matt Final review of a residential addition (new dormer) 600 Vail Valley Drive, Unit F-2/Northwoods Condominiums, unplatted Applicant: Edwards and Judith Pitkin, represented by Beth Levine, Architect Northwoods DRB05-0126 Final review of a residential addition (bedroom addition) 600 Vail Valley Drive/Northwoods Condominiums Applicant: Faversham Corporation, represented by Beth Levine Matt Remeywest LLC Residence DRB05-0117 Bill Final review of a residential addition (basement) 1471 Aspen Grove Lane/Lot 6, Block 2, Lions Ridge Subdivision Filing 4 Applicant: Remeywest LLC, represented by Donald P. Remey Winter Residence DRB05-0137 Final review of a minor alteration (tree removal) 4094 Lupine Drive, Unit B/Lot 5B, Bighorn Subdivision Applicant: Tom Winter Bill Wilson Residence DRB05-0145 George Final review of change to approved plans (landscaping) 2609 Davos Trail/Lot 22, Block B, Vail Ridge Applicant: Christina Wilson, represented by Shady Grove Landscape Architecture Andersson Residence DR605-0135 Final review of change to approved plans (kitchen window) 4995 Juniper Lane, Unit B/Lot 9, Block 5, Bighorn Fifth Addition Applicant: Mats and Andrea Andersson Elisabeth Poacher Residence DRB05-0149 Joe Final review of change to approved plans (re-roof) 4298 Nugget Lane/Block 10, Big Horn Subdivision ~ Applicant: Sheila Poacher, represented by Plath Construction, Inc: Goncharoff Residence DRB05-0106 Matt , Final review of change to approved plans (dormer addition) 12'20 Westhaven Lane/Lot 42, Glen Lyon Subdivision Applicant: Alan Goncharoff, represented by Fritzlen Pierce Architects Oici Residence DRB05-0120 Bill Final review of a residential addition (laundry room) 374 Beaver Dam Road/Lot 8, Block 2, Vail Village Filing 3 Applicant: Scott Oki, represented by Michael L. Sanner, Architect, P.C. , Fischer Residence DRB05-0130 Bill Final review of changes to approved plans (wood shades to shingles) 4315 Bighorn Road/Lot 6, Block 3, Bighorn 3~d Addition A~-plicant: Steve Fischer, represented by C & H Construction, LLC The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, TE~lephone for the Hearing Impaired, for information. t _ ~ _. .. .. .. .. ._..._ ..,, _ ... ~- _. ._ .,.. i. MEMORANDUM To: Town Council From: Stan Zemler Gina Bentz Judy Camp Date: Apri128, 2005 Subject: 2006 Budget We have set aside time on Tuesday's work session to discuss the proposed timeline for preparation for the 2006 budget and discuss the criteria for 2006 council contributions. BUDGET TIlI~IETABLE The proposed timetable (attachment A) has been prepared based on the same process used last year, in which we prepared and discussed the budget in sections (e.g., revenue, capital expenditures, contributions, general fund expenditures, etc.) The proposed timetable provides for approval of the 2006 budget upon second reading of the ordinance at your second meeting in October. We have moved the process up a month from last year, due to the November 8 election of four council members. The discussion of the budget philosophies and guidelines is schedule for the work session on June 7. Staff requests your approval of the attached timetable. COUNCIL CONTRIBUTIONS MARKETING AND SPECIAL EVENTS BUDGET As part of the annual budget process, external agencies may submit funding requests for the next year's budget. In previous years these external agencies have included the Vail Valley Foundation (WF), the Betty Ford Alpine Gardens, the Vail Chamber and Business Association (VCBA), the Vail Valley Chamber and Tourism Bureau (WCTB), the Vail Local Marketing District Advisory Board (VLMDAC), and the Commission on Special Events (CSE). These organizations follow a formalized process in which each organization submits a standard application including financial information, the organization's mission, how the requested funds will be used, and how the sponsored programs will benefit the community. Each council member has the opportunity to review all of the requests. Staff prepares a summary of the requests along with a comparison to prior years and the Town Manager's recommendation for the upcoming year. Each council member makes his or her recommendation on the summary sheet and staff compiles the results for discussion and approval at a public hearing. The approved amounts are included in the proposed budget subject to final appropriation when the budget ordinance is passed. This process, is used for both cash and in-kind contributions -such as parking passes, ice time and support from police and public works. In 2005, we budgeted $1,285,876 in cash and more than $96,000 of in-kind value as shown on attachment B. This contribution budget process begins with a review by Council of the proposed criteria for the contribution requests (attachment C) scheduled to occur on Tuesday. In previous years we have had the VCBA, WCTB, VLMDAC, and the CSE give formal presentations of their requests. We currently only have the CSE scheduled for such a presentation at your 1 S` meeting in August. If Council feels it is necessary for additional presentations of contribution requests, they will be scheduled for the first meeting in September. Staff requests your approval of the contribution criteria on attachment C as presented or with changes. Do you want to have presentations from the VCBA, VLMDAC, and WCTB along with their funding requests? Are there any other groups that you may want to hear from in person? Version 1 Town of Vail Proposed 2006 Budget.Timetable Contributions Council criteria discussion Out of cycle funding requests (if needed) Deadline for return of packets Commission on Special Events presentation to Council Council evaluation of requests and direction for 2006 budget Budget Guidelines Council discussion of budget timetable Council discussion of budget philosophies Guidelines distributed to department heads 2005/2006 parking plan recommendation Compensation and benefits discussion Presentation of 2004 audit report to Council Budget Preparation Capital budget request for county funds submitted Staff prepares departmental budgets Council discussion of major revenue items Town Manager reviews departmental budgets Council decision on major revenue items Council review of Conference Center budget Council review of Vail Reinvestment Authority budget Council review of first draft of 5-year capital plan Council review of first draft of 5-year RETT fund Council review of second draft of 5-year capital plan Council review of second draft of 5-year RETT fund Council review of first draft of Town Manager's budget Council review of second draft of Town Manager's budget Budget Documentation and Reporting First reading of 2005 Supplemental Number Two Second reading of 2005 Supplemental Number Two First reading of 2006 budget ordinance Second reading of 2006 budget ordinance First reading of mil levy certification ordinance First reading of 2005 Supplemental Number Three Second reading of mil levy certification ordinance Second reading of 2005 Supplemental Number Three Mil levy certification deadline to Eagle County Budget book submission 05/03/05 06/07/05 07/29/05 08/02/05 08/16/05 05/03/05 06/07/05 06/15/05 TBD 08/02/05 07/19/05 TBD 06/15/05 to 07/18/05 07/19/05 07/25/05 to 08/12/05 08/02/05 08/02/05 08/02/05 08/02/05 08/02/05 08/16/05 08/16/05 09/20/05 10/04/05 08/16/05 09/06/05 10/04/05 10/18/05 11 /15/05 11/15/05 12/06/05 12/06/05 12/15/05 01 /31 /06 Attachment A C Regaeet Spmdehoet ) t13d~.` it~21t~s~ _ _ ,,,__. GEDIEBALFUNDCoatrflmtlene: -. _.~. ..- ,.._ _.:: 2005Ctuh ~~ ZOOSm-KladRegnat Velae gaga ECONOMIC: Bravo! Colorado/New York Philharmonic 95,000 Bravo! Colorado 21,375 15 Ford Park Pemilts 1,350 Vail Jan Foundation/Howazd Stone Jan Goes to School, VJF R . Bi Band, Jan Worksho 6,650 t Blue Pass 825 Vail Chamber & Business Association (VCBA) Information Booths Premier Impressions 25,000 __ The Vail Guide 25,000 Shopping & Dining Guide 0 Vail Loves You Coupon Book 5,355 Discover Gift Cazd 0 Web Site 0 Vail Farmers' Market 5,000 Traffic, buses, si 2,250 Vail Valley Foundation Birds of Prey (Dec. 04) ADA & public transit 10,000 The Session (Snowboazd Invitational-]an. 12- l6, OS) ParFtin 2,500 American Ski Classic (Maz. 16-20, OS) Paz ' 2,500 Winter Concert Series/Street Beat 16,571 PD & PW rt 6,000 Vail International Dance Festival 12,500 Gerald R. Ford Am hitheater (Hot Stmrmer Ni is 20,000 PD ce 2,800 Vail Valley Chamber & Tourism Bureau/Frank Johnson Facilitate Veil's Redevelopment 0 Ln ve Local Econom 0 Events & Information Staff Parkin 6 Blue Passes 4,950 Information Booths (Awazded by RF.P.) 170,675 PCT Rocky Mountain Classic at Vail Vail 50 arkin asses for ski asses & corn. Hosts) 27 Blue asses Info B. 22,275 Commission on S ecial Events 565,000 1 Blue Pass 825 4th of Jules 25.D(q ~ xco ' ~- - . w, iwti ~ - ~ - sox!s BECBF.ATION Battle Mountain Hi School Ski Team 500 azkin cou ns 2,500 Meet The Wilderness 0 Skating Club of Vail (]uly 13-17 & Dec 28,298t2 practice days-1?!OS) 9 da s of ice 11,891 Ski 8r. Snowboard Club Vail Oct. 27-30, O5, Ski Sw 4 da s of is 5,285 Vail Junior Hock Association Ist 3 wkends in Nov., OS 9 da s of ice 11,891 Snowshoe Shuffle-Sarah Ladd A ril 3, OS P 4,000 S 'x101 ics 70 arkin cou ns 1,120 V VMC Luncheon/S le Show (A r. 6, OS) 500-600 1 da ar}dn 4,000 - ~ ~ - M~ T AL -_CO~G_T~5 _ ~_ w .. _.-- r--,~ -~~ ~ - - 3t,JC~ r.. 2005 Cnh Bagaat 2005Io-KTad 2005TH-K1nd Veboe ARBANGEIYffiHTS end AGBEEIYffiV1'3: VailVall Comm. TV/Ch5 38%offianchise fee) 57,000 Youth R 'lion Award 7,000 Vail Vall Atlilete Commission 4,750 e Vail Child Care (added 11/031 30,000 iTOTAL= ~ r imdACrIH°.'ENACiv ~ 750 ,; ~ - _ GHA2V~i.TOT117: U'titcrii'Find - ! -~~~ - --- _ _ _ _ Real Eefate Treader Te: P4md: Eagle River Wazershed/Caroline Bradford 100,000 River & Communi Pride H Clean U Vail Al ine Garden Foundation tin Su rt 50,000 Debt R a ent Pond re-grade & wnswction 35,000 Plant Material 5,000 10% contin en 4,000 Farad Vail Local Marketin District Pro I~ad Ea a C. Down Payment Assistance Comm-Christie B .;;TOTAL ,~ • --- _ ~ - i _ _ _ t~4;Ot10 ~ - --- ~, , ._ `, f) -- - _ ' .. _ __ DONOVAN PAVILION USB WCTB l da No Vail S ium Ida Yes TOV 3 da s Yes D E H I I K L M N O P Q R V w X Attachment B June 1, 2005 RE: Contributions Dear, The Town Council has reviewed and approved the contribution request procedure for 2006 contributions. Please note that contributions will only be awarded to applicants who can show the contribution will be used directly to benefit the entire community of Vail. Attached please find the following forms that relate format and policy the Town of Vail has implemented in regard to requests for funding. These forms are as follows: 1) Contribution Policy/Disclosure 2) Application for Town of Vail Funding 3) Application for Town of Vail Funding/Balance Sheet 4) Application for Town of Vail Funding/Statement of Sources and Uses 5) List of 2005 Request Approvals Applications may be picked up at the Administration Building or e-mailed to you on or before June 30, 2005. A completed submission must be received at the Town of Vail by Friday, July 29, 2005 by 5:00 P.M., in order to qualify for funding in 2006. Funding will be determined solely from the written application; no in-person presentations will be held. If the Town Council has questions about your application, you may be contacted by a staff member at a later date. Requests for parking passes and/or parking days must be included in the disclosure. Individual requests throughout the year, outside this process, will not be considered. When making your request, please keep in mind the town is experiencing uncertainty in its revenue levels and, therefore, is not planning to increase its contribution budget. If you have any questions on materials to be submitted, please do not hesitate to contact Penny Harpe, Accounting Tech., at 479-2100 or a-mail, pharpeC~3vailgov.com. Sincerely, TOWN OF VAIL 1 Attachment C CONTRIBUTION POLICY TOWN OF VAIL All contribution requests received by the Town of Vail will be processed in the following manner: A. All requests must be submitted in writing using the town's application for funding. You may submit financial information (Balance Sheet and Statement of Sources and Uses) ONLY IF it does NOT exceed 2 pages in length. Please do not attach additional information. Incomplete applications and supplemental information will not be accepted. THE TOWN COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS. NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN COUNCIL. B. All applications for funding in 2006 shall be received at the town by Friday, July 29, 2005 by 5:00 P.M. C. The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the town's mission, and how this contribution will affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests with a superior level of environmentally- sensitive services and an abundance of recreational, educational, and cultural opportunities. 2. Disclosures to all applicants: A. No money will be disbursed until March 1, 2006. B. Because of uncertainty of revenue estimates, please note the following possibilities: 1) Contribution funding may be reduced based on 2005 revenues. 2) The Town of Vail may choose to disburse funding in quarterly installments throughout 2006. C. Notification of awards will be sent after the Council approves the final budget currently scheduled for October, 2005. 2 APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS ~ ' All applications must be submitted to the Town of Vail;by Fri. July 29, 2005 by 5:00 P.M.. You+must provide 12 copies of the application. Any application received after that date or any application packet with fewer than 12 copies will not be considered. Please send application to: Town of Vail Penny Harpe, Accounting Tech. 75 South Frontage Road West Vail, Colorado 81657 For questions on the financial statements, please contact Penny Harpe at 479-2100. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: 2. Contact person: 3. Mailing address: 4. Telephone: 5. E-mail address: 6. Members and Titles of your governing board: 7. Amount of contribution requested: 8. Organization fiscal year-end: 9. Are your books audited? 11. How will the contribution be used? 12. How does your request support item 1C of the contribution policy? 13. 4Vho currently funds your organization (other governments, private donations, user fees, etc.)? 14. Organization's mission statement: (If more room is needed to answer questions, please use the back of this page.) 3 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible. Most Recent Completed Fiscal Year Date: ) Assets: $ Total Assets $ Liabilities: $ Total Liabilities $ Net Worth (Total Assets Minus Total Liabilities) $ 4 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Current Fiscal Year Budget Revenues: $ (List by funding source) Total Revenue $ Expenses: $ Total Expenses $ Total Revenue Minus Expense $ 5 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 3, 2005 SUBJECT: Update On Initiating Tax Increment Financing (TIF) in Lionshead and amending the Lionshead Public Facilities Development Plan. Planner: Russell Forrest I. SUMMARY Staff would like to inform Council of proposed next steps to amend the Lionshead Public Facilities Development Plan. On March 16, 2004 the Vail Town Council approved the Lionshead Public Facilities Development Plan. In that approval the Town Council considered two options: 1) approving the plan with TIF and 2) approving the Plan with out TIF. The attached memo from March 16 describes the two options (Attachment A). At the end of the discusion, the Town Council elected to approve the plan without TIF and this allowed the tax base to be frozen in Lionshead but not start the 25 year count down for issuing TIF bonds. The public notice for the' March 2004 meeting and provided to Eagle County district included tax increment financing powers. DESCRIPTION OF THE REQUEST At the April 19tH, Town Council meeting Malcolm Murray indicated that there was now the need to move forward with amending the Lionshead Public Facilities Development Plan to include TIF. The primary justification for this is that: • There have been proposed amendments to the Urban Renewal Authority Law proposed recently by the Colorado State Legislature that may impede tax increment financing, and • Vail Resorts is now moving forward with the development of the Core Site. Staff would like to move forward with the appropriate notifications to amend the Lionshead Public Facilities Development Plan consistent with Attachment B. This amendment would involve simply adding back in (sections 5.1 and 5.2) of the plan. The process for amending the Plan would include: 1. Notification in the paper 30 days prior to a Town Council hearing on the amendment. 2. Notice to property owners, residents, and owners of business concerns 30 days prior to the Council meeting. 3. Planning and Environmental Commission hearing on May 23, 2005 to provide a recommendation to the Vail Town Council 4. Vail Town Council public hearing on the amendment on June 7tH Attachment A MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 16, 2004 SUBJECT: A request for approval of Resolution No.11, Series of 2004 approving the Lionshead Public Facilities Development Plan. The urban renewal area within the Lionshead Public Facilities Development Plan generally includes the Lionshead area in the Town of Vail south of Interstate 70, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and Tract K, Glen Lyon Subdivision Applicant: Vail Reinvestment Authority Planner: Russell Forrest SUMMARY The Vail Reinvestment Authority is requesting that the Town Council approve the Lionshead Public Facilities Development Plan based on the findings in section VII of this memorandum. The purpose of this plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and providing significant public infrastructure, and to generate revenue to pay the for public improvements with tax increment financing. Two versions of the plan are provided in this proposal. Option 1 is to include the ability to implement tax increment financing and option 2 excludes that ability at this time. Staff is recommending that the Vail Town Council approve the Lionshead Public Facilities Development Plan using one of the two options mentioned in Section III of this memorandum. II. DESCRIPTION OF THE REQUEST Staff is requesting that the Vail Town Council approve the Lionshead Public Facilities Development Plan. The Lionshead Public Facilities Development 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. PLAN OPTIONS Based on recent discussions with legal counsel for the Vail Reinvestment Authority (Malcolm Murray) and bond counsel (Dee Wiser), staff wanted to provide two options to the Vail Town Council for the Lionshead Public Facilities Development Plan. The Lionshead Public Facilities Development Plan as articulated in not raise taxes but leveraged new incremental growth in property values to pay for public improvements was desirable. On March 18, 2002, the Vail Town Council reviewed the various public improvements proposed in the Lionshead Redevelopment Master Plan. Staff received preliminary input from the Vail Town Council that Frontage Road improvements, new streetscape, and improving circulation were priority public improvements. In November 2002, Council again reviewed options for moving forward with public financing and directed staff to proceed with the Lionshead Reinvestment Study. This study has confirmed that the Lionshead area meets the legal criteria for the creation of either an urban renewal authority or a downtown development authority. The major point of concern regarding" the creation of an urban renewal authority has been the issue of condemnation. An urban renewal authority can have the power of condemnation. The Lionshead Task Force believes that condemning property from one property owner for conveyance to another, developer is not necessary or desirable. However, it has become apparent that a number of old covenants and similar title restrictions may impede redevelopment of Lionshead. These covenants and restrictions prescribe uses and place other limitations on development which are inconsistent with the vision of the Lionshead Redevelopment Master Plan. Many of these covenants were put in place before the Town of Vail was incorporated, and, in some cases, the covenants conflict with one another. Condemnation with the concurrence and cooperation of owner of the fee interest may be needed to extinguish these obsolete covenants. Resolution No. 12, Series of 2003 addresses this issue with the following statement "WHEREAS the Vail Town Council believes that any condemnation by the Vail Reinvestment Authority should be undertaken with the concurrence of the owner of the underlying fee interest." An additional whereas in fhe revised resolution states "WHEREAS, the Vail Town Council does not believe that the use of condemnation for the purpose of acquiring property from one; private owner for conveyance to a third-party private developer is neither necessary nor desirable." ` How does TIF Work Tax Increment Financing (TIF) is a tool utilized by municipalities to finance public improvements in identified areas of need. Tax Increment Financing can be implemented through a Downtown Development Authority (DDA) or an Urban Renewal Authority (URA). An Urban Renewal Authority is meant to provide public amenities that encourage and facilitate corresponding new development. For example, the URA might use funds generated from a new development to build streetscape or improve circulation that helps make the new development possible. Another possibility is that if a property is to be redeveloped, the authority might work with the developer to provide some public amenities such as a plaza or pedestrian mall. An authority may also provide assistance to existing property owners who want to rehabilitate or expand their property. An example of this type of assistance might be a facade improvement loan program. Tax Increment Financing is not new and has been utilized around the country for decades to fund public improvements and encourage redevelopment. In Colorado there are 18 cities utilizing Tax Increment Financing (TIF) with15 through Urban Renewal Authorities (URA), and 3 through Downtown Development Authorities (DDA). Based on recent legal decisions by the Colorado Supreme Court, the Vail Town Council determined an Urban Renewal Authority was the preferable approach to take. Once an Urban Renewal Authority has been established, the town is able to adopt a plan to use TIF. Once an area is designated and a plan is adopted, the property tax base for the redevelopment district is frozen. This means that after the date of plan adoption, the assessed value to which the mill levy for the town, the water district, school district, and the county would be the same each year with adjustment for general reassessments. For example, if the assessed value in an area is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed .value each year of the plan. As the properties in the redevelopment district begin to increase in value due to the redevelopment efforts, that increase in assessed value times the combined mill levy of the overlapping taxing jurisdictions goes to the URA. For example, if the assessed value of property in the district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the URA. The plan can also affect town sales tax revenues but not state or county revenues. The plan can dedicate sales tax revenues above the base year revenues to the URA. The Vail Reinvestment Authority is only planning on committing property tax for public financing. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to pay for redevelopment projects. To create an urban renewal area 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. In Lionshead these conditions are found in deteriorated public infrastructure or infrastructure that does not adequately serve the area. Examples include faulty street and lot layout, unsafe conditions for pedestrians,.erosion of concrete, deteriorating street pavement and inadequate facilities for stormwater run off, among others. These findings are well documented in the Lionshead Redevelopment Master Plan and are a major reason for the Town's adoption of the plan in 1999. As a follow up, the town commissioned the ;Lionshead Reinvestment Study which was prepared by URS Corporation of Denver, dated February 2004, in which 8 of 11 conditions of blight are documented as defined by the Urban Renewal Law. This document is one of several steps necessary to establish Vail's ability to draw upon Tax Increment Financing for the revitalization of Lionshead. V. 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 Lionshead Public Facilities Development Plan conforms to the 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. VI. APPLICABLE PLANNING DOCUMENTS The following are applicable components of the Lionshead Redevelopment Master Plan which is a component of the Vail Comprehensive Plan. Purpose of Lionshead Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. _ Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world class resort experience. Lionshead's economic potential has.been inhibited by a number of recurrent themes: lack of growth in accommodation units ("hot beds', poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail,, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. Policy Objectives of the Lionshead Redevelopment Master Plan The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process: Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an.appealing and coherent identity, a sense of p/ace, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds"or "warm beds' through new lodging products. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. Design Objectives of the Lionshead Master Plan The Lionshead Redevelopment Master Plan is based on a set of fundamental design objectives that relate to the entire study area: The Pedestrian Environment The defining characteristic of Lionshead is its pedestrian environment, and the emphasis of the master plan is to improve its quality as a generator of activity. Pedestrian connections are intended to be the underlying framework of the physical plan. Two primary pedestrian corridors are proposed to provide for a cohesive, consistent, well defined pedestrian and retail environment serving both the destination guest and the local community. The first of these two corridors is an east-west connection between the west end of Dobson Ice Arena and the, western edge of Lionshead. The second is a north-south connection between the gondola ski yard and the north day lot. • Connections to the Natural Environment The master plan recommends ways to enhance and strengthen the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. • Vehicular Circulation The master plan anticipates a network of streets and driveways that provides efficient access to public and private destinations but minimizes the negative impact of vehicles on the pedestrian environment and residential areas. • Transit The master plan considers that an efficient and flexible public transit system serving the entire Lionshead study area, including potential new development in fhe west end of the district, is essential to its future success. Service and Delivery The master plan describes a consolidated, efficient service and delivery system that reduces interference with pedestrian areas, emergency vehicle routes, and traffic in general. The proposed facilities satisfy the current and projected service and delivery needs of the Lionshead study area. • Parking The master plan provides for adequate public parking in Lionshead and the community as a whole but acknowledges that parking private vehicles is only one part of the overall Lionshead public access strategy. VII. FINDING/CRITERIA FOR REVIEWING THE PLAN A. PEC Based on § 31-25-107, C.R.S, the Planning and Environmental Commissiori shall determine whether the Lionshead Public Facilities Development Plan conforms with Vail's Comprehensive Plan. The Lionshead Redevelopment Master Plan is an element of the Town of Vail Comprehensive Plan. The adoption of the Lionshead Public Facilities Development Plan is critical to achieving the above mentioned objectives of the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan identifies the creation of a TIF district as a critical next step as stated on page 9-8 of the plan: Tax Increment Financing (TIF) Tax increment financing is one of the most effective tools available for redevelopment of Lionshead. _TIF allows the community to capture a portion of tax revenues that normally go to the county and to utilize them locally instead to implement public improvements. TIF does not raise taxes; it reallocates the incremental property or sales tax revenues resulting from improvements within the district and use. The plan directly supports the purpose statement of both the Lionshead Mixed Use 1 & 2 zone districts. The adoption of the Lionshead Public Facilities Development Plan is necessary to implement the public improvements identified in the Lionshead Redevelopment Master Plan and removing obsolete covenants that could impede development. Implementing the Lionshead Public Facilities Development Plan is critical to achieve all of the following development objectives in the Lionshead Master Redevelopment Plan. Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastrucfure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacify) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues .Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources fo fund desired private and public improvements. B. Town Council 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 Lionshead Urban Renewal Area as documented by the Lionshead Reinvestment Study prepared by URS Corporation and based on evidence presented at the public hearing and as referenced in the Lionshead Public Facilities Development Plan. The following blight factors are present in the Lionshead Urban Renewal Area: defective and inadequate street layout; street system does not provide adequate access for motorists, pedestrians and emergency vehicles; unsafe conditions that endanger life or property; traffic and circulation patterns are dangerous for both pedestrians and motorists; deterioration of site improvements: public parking areas and concrete retaining, walls are deteriorating; curbs and gutters on public property also show deterioration; defective or unusual conditions of title rendering the title unmarketable; restrictive covenants controlling uses on certain properties and other conditions of title impair the redevelopment of key parcels in the Plan Area; environmental contamination including runoff from unpaved parking areas and stormwater runoff from paved surfaces contaminate Gore Creek; and inadequate public improvements. • The Lionshead 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 Lionshead Urban Renewal Area as identified in Figure 1 of the Lionshead Public Facilities Development Plan have been drawn as narrowly as feasible to accomplish the planning and development objectives for the Lionshead Urban Renewal Area. • The Lionshead Public Facilities Development 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) . • Lionshead Public Facilities Development 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 Lionshead Urban Renewal Area consistent with the Vail Comprehensive Plan. • The acquisition, clearance, rehabilitation, conservation, development or redevelopment of a combination thereof of the Lionshead Urban Renewal Area pursuant to the Lionshead Public Facilities Development 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 Lionshead Public Facilities Development 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 Lionshead Public Faoilities Development Plan to property owners, residents, and business owners within the proposed Lionshead Urban Renewal Area at their last known addresses in conformance with C.R.S. §31-25- 107(4)(c). VIII. STAFF AND PEC RECOMMENDATION On February 23, 2004, the Planning and Environmental Commission voted.6-1 to find that the Lionshead Public Facilities Development Plan was in conformity to the Vail Comprehensive Plan. The Community Development Department recommends that the Vail Town Council approve the Lionshead Public Facilities Development Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section VII of this memorandum and the testimony and evidence presented. Staff recommends that the Vail Town Council makes the following finding: "That upon review of the proposed Lionshead Public Facilities Development Plan, the Vail Town Council finds that the plan, as proposed, is in conformity with the Town of Vail's Comprehensive Plan and the findings stated in section Vll of this memorandum. The Vail 7 ~~wn Council's determination of the findings is based upon review of the criteria and the testimony and evidence presented on this application" Attachments: Attachment 1: Resolution No. 11, Series of 2004 Attachment 2: Lionshead Public Facilities GE:velopment Plan with TIF Attachment 3: Lionshead Public Facilities Development Plan with out TIF Attachment 4: Lionshead Reinvestment Study prepared by URS Attachment 5: PEC Meeting from February 23, 2004 F:\Users\cdev\COUNCIL\MEMOS\04\LionsheadPublicFacilitiesPlan031604.doc 10 Attachment B LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN VAIL REINVESTMENT AUTHORITY (1Nith TIF) t MUR157037\436628.01 1 TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................1 1.1 Preface ........................................................................................................................1 1.2 Background .................................................................................................................1 1.3 Definitions ...................................................................................................................2 2. LEGISLATIVE FINDINGS ...................................................................................................2 2.1 Qualifying Conditions ...........................................:............................................:.....:....2 2.2 Projects ......................................................................:................................................ 3 2.3 Planning Approval ...............................:.......................:...............................................3 2.4 Consultation ...................................:............................................................................3 2.5 Public Hearing .............................................................................................................3 2.6 Boundaries of the Plan Area .........................................................................................4 2:7 Other Findings ................................:............................................................................4 3. DESCRIPTION OF PLAN OBJECTIVES ............................................................................5 4. PLAN IMPLEMENTATION ..............................................................................................:...5 4.1 Redevelopment and Rehabilitation Actions ................................................................. 5 4.2 Property Acquisition and Land Assemblage ................................................................ 5 4.3 Relocation Assistance and Payments .......................................................................... 6 4.4 Public Improvements and Facilities ............................................................................. 6 4.5 Redevelopment Agreements ....................................................................................... 6 4.6 Interagency Cooperation ............................................................................................. 6 4.7 Advisory Committee ..............................................................................................:..... 6~ 5. PROJECT FINANCING ....................................................................................................... 7 5.1 Tax Increment Financing ................................................................................:............. 7 5.2 Additional Taxing Entities ............................................................................................ 8 5.3 Participating Interest in Projects ...........................................................'....................... 8 6. MODIFICATIONS TO THIS PLAN ...................................................................................... 8 MUR\58179\4324$6.0] 1 LIONSHEAD PUBLIC FACILITIES INVESTMENT PLAN February 2004 I. INTRODUCTION 1.1 Preface This Lionshead Public Facilities Investment 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 § 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. The administration of this project and the enforcement and execution of this Plan shall be performed by VRA. 1.2 Background The Lionshead area is one of four base areas for the Vail Mountain Ski Area. The area was originally developed from 1972-1974 as the base for the Lionshead gondola. Lodging, condominiums and retail were constructed over a period of years, often without coordinated planning of circulation and public transportation facilities of the area. The Lionshead parking garage was built in 1981 significantly increasing the pedestrian traffic in the area. An extensive bus system has developed as the major means of moving people around Vail. The Lionshead area now accounts for approximately 45% of the skier access to Vail Mountain. As a result of this rapid development activity, the traffic and transportation network for personal vehicles, pedestrians and delivery vehicles does not work well. There are many vehicle/pedestrian conflicts creating unsafe conditions throughout the Lionshead area. In addition, the public infrastructure in the Lionshead area has deteriorated. Extremes of temperature and topography as well as the intense utilization of the area by residents and guests has caused streets, sidewalks, curbs and gutters, and retaining walls to be subject to accelerated deterioration. Inadequate attention to runoff from impervious surfaces and deteriorated drainage facilities have contributed, to water quality deterioration in the Gore Creek. The Lionshead Redevelopment Master Plan, adopted in 1999, identifies specific public infrastructure improvements that need to occur and provides incentives for private redevelopment. A major implementation. action in the Master Plan is the redevelopment of the Lionshead gondola and Sun Bird building sites into ahigh-end hotel. Other major development sites include the remodeling of the Marriott and Antler properties. These development projects will place many more guests and residents into the Lionshead area. To properly support this major private reinvestment in Lionshead, the supporting transportation infrastructure needs to be upgraded. Sidewalks and streets need to be constructed or reconstructed. A transportation center must be built to accommodate the increased usage of the Lionshead area, and improvements to the Frontages Road are needed to serve the increased traffic. This Plan is intended to provide the financial mechanisms necessary to support the renovation and reconstruction of the public infrastructure in Lionshead. MUR\58179\432486.01 1.3 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 Lionshead Public Facilities Investment Plan as it may be modified from time to time. Plan Area: The area described in Section 2.6 of ttlis Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of urban renewal projects is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers representing the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifying Conditions Based on the Lionshead Reinvestment Study prepared by URS Corporation, dated February 2004, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Plan Area. The Lionshead Reinvestment Study found that blight conditions were prevalent throughout the area. The conditions found to exist include: ~. a) Defective and inadequate street layout: Street system does, not provide adequate access for motorists, pedestrians and emergency vehicles. Turning radii are often inadequate. b) .Unsafe conditions that endanger life or property: Traffic and circulation patterns are dangerous for both pedestrians and motorists. c) Deterioration of site improvements: Public parking areas and concrete retaining walls are deteriorating. Curbs and gutters on public property also show deterioration. d) Defective or unusual conditions of title rendering the title unmarketable: Restrictive covenants controlling uses on certain properties and other. conditions of title impair the redevelopment of key parcels in the Plan Area. In many instances, covenant provisions conflict with or have been ignored by prior development. MUR\58179\432486.01 2 e) Environmental contamination: Runoff from unpaved parking areas and stormwater runoff from paved surfaces contaminate Gore Creek. f) Inadequate public improvements: Streets and sidewalks on public property are not adequate for the traffic and do not provide a safe separation for pedestrians from motor vehicles. Pavement, curb and gutter and retaining wa11s on public property are deteriorating. Overhead utilities are presents and stormwater management is inadequate. The Town Council finds that the presence of these factors 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. 2.2 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. 2.3 Planning Approval A general plan for the Town of Vail, known as the Vail Comprehensive Plan, has been adopted by the Town Council. In addition, the Lionshead area is the subject of the Lionshead Redevelopment Master Plan which is the Town's official planning document for guiding the redevelopment of the Lionshead area and is a part of the Vail Comprehensive Plan. This Plan has been submitted to the Planning and Environmental Commission of the Town of Vail for review and recommendations as to its conformity with the Vail Comprehensive Plan and the Lionshead Master Plan. The Planning and Environmental Commission met on February 23, 2004 and has submitted its written recommendations via a staff memorandum to the Town Council that the Lionshead Public Facilities Development Plan is in conformity with the Vail Comprehensive Plan. 2.4 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. 2.5 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. Pursuant to C.R.S. §31-25-107(4)(c), 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.. MUR\58179\432486,01 3 2.6 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. 2.7 Other Findings 2.7.1 One or more of the projects will require the demolition and clearance, subject to other restrictions, of certain public improvements within the Plan Area as provided in this Plan. ~>uch actions may be necessary to eliminate unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. 2.7.2 In order to eliminate or reduce the qualifying conditions currently existing within the Plan Area, as well as those qualifying conditions which may be reasonably anticipated to develop within the Plan Area in the absence of public action, it is the intent of the Town Council in adopting this Plan that VRA exercise all powers authorized to be exercised by VRA under the Urban Renewal Law and which are necessary, convenient or appropriate to accomplish the objectives of this Plan. It is the intent of this Plan that VRA shall exercise all such powers as may now be possessed or hereafter granted to VRA for the elimination of qualifying conditions within the Plan Area. 2.7.3 Many properties in the Plan Area are subject to restrictive covenant provisions from previous subdivisions of property in Vail and Lionshead. 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 properties 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 underlying fee interest, to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. 2.7.4 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. 2.7.5 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. MLJR\58179\432486.01 4 2.7.6 VRA may, in its discretion, issue bonds, including bonds or other obligations, to the extent permitted by law. 3. DESCRIPTION OF PLAN OBJECTIVES This Plan is an important tool to address the problems confronting the Lionshead area. The Plan helps to further the goals for the area previously outlined in the Lionshead Redevelopment Master Plan. The objectives for the Plan include the following: • Create a sense of place and an improved aesthetic character for Lionshead for both residents and guests. • Renovate . or redevelop the deteriorated and/or outdated residential and commercial buildings and provide enhanced amenities. • Enhance the aesthetic appearance of the area to make it more appealing. • Improve pedestrian, bicycle, mass transit and auto accessibility and circulation. • Eliminate impediments to the redevelopment of key facilities with the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. 4. 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: 4.1 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Plan Area may include such undertakings and activities as are in accordance with this Plan, the Lionshead Master Plan, and the Urban Renewal Law, including without limitation: demolition and removal of public buildings and improvements as set forth herein; installation, construction and reconstruction of public 'improvements as set forth herein; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; and other actions to remove or to prevent the spread of deterioration. VRA is authorized to negotiate and enter into agreements with landowners, developers, and investors regarding appropriate projects throughout the Plan Area which will generate incremental property tax revenues. 4.2 Property Acquisition The principal, purpose of this Plan is the rehabilitation and enhancement of public infrastructure in the Plan Area and the support of new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with neHr 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 MUR\58179\432486.01 rJ covenants and other conditions of title which interfere with new private investment with the consultation and concurrence of the owner of the underlying fee interest. 4.3 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. 4.4 Public Improvements and Facilities VRA may undertake certain actions which would make the Plan Area more attractive for private investment by providing public improvements consistent with the Lionshead Master Plan. These improvements include street and traffic improvements, streetscape improvements, a transportation center, landscaping, park and recreation facilities, utility improvements, open space acquisition, stormwater improvements, public art projects, and other similar improvements necessary to carry out the objectives of the Lionshead Master Plan. 4.5 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 Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law. 4.6 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. 4.7 Advisory Committee VRA shall establish an advisory committee of Lionshead residential and commercial property owners to advise the VRA on matters related to the implementation of the Plan. The composition of the committee shall be determined by the VRA., ~. MUR\58179\432486.01 5. PROJECT FINANCING 5.1 Tax Increment Financing The primary method of financing the projects undertaken in furtherance of this Plan shall be the use of property tax increment financing pursuant. to Section 31-25-107(9), C.R.S., which is by this reference incorporated herein as if set forth in its entirety. If there is any conflict between the Urban Renewal Law and this Plan, the provisions of the Urban Renewal Law shall control. All property taxes collected within the Plan Area shall be divided as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to effective date of approval of the Urban Renewal Plan or, as to an area later added to the Urban Renewal Area, the effective date of the modification of the Plan ,shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. b) Except as VRA may legally provide otherwise under the Urban Renewal Law, the portion of such property in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid into a special fund to fund VRA's obligations with respect to any project within the Plan Area, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed, or otherwise) VRA for financing or refinancing, in whole or in part, the projects in the Plan Area. c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than 25 years following the adoption of this Plan for the construction of the projects' improvements, any excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between VRA and Town or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property tax. collections in the Plan Area exceed the base year property tax collections in the Plan Area, as provided in paragraph a), above, all -such property tax collections shall be paid into the funds of the appropriate public body. VRA reserves the right to enter into Cooperation Agreements with select taxing jurisdictions relative to allocation of incremental tax revenues. ~ d) The adoption of this Plan shall be deemed an adoption of a provision that taxes, if any, levied after the effective date of the approval of this Plan upon taxable property in the P{an Area shall be MUR\58179\432486.01 7 divided among VRA and various taxing entities for a period of 25 years thereafter or such lesser period as provided in Section 31-25-107(9), C.R.S., as exists on the date hereof, or in any Cooperation Agreement between VRA and a county, the Town or a special district. 5.2 Additional Taxing Entities VRA recognizes that tax increment financing is the primary tool for funding redevelopment activities. However, Colorado law allows the creation of additional political subdivisions within a municipality to provide services within a defined area. These entities include metropolitan and other special districts as well as business improvement districts. These districts have available certain taxing powers that can generate revenues in addition to those generated by tax increment financing. VRA is committed to exploring a variety of strategies and mechanisms to complement tax increment financing. VRA recognizes that it is imperative that financing mechanisms be flexible and creative to provide necessary assistance to abroad range of redevelopment activities. 5.3 Participating Interest in Projects VRA may require a participating interest in private development projects for which it provides financial assistance. Public assistance is frequently needed for redevelopment projects in order to fill the gap between traditional equity and debt financing and the additional costs of a redevelopment project. In the event the project generates revenues at or greater than market return, the public should share in the success of the project. The terms of the participating interest will be specified in the Redevelopment Agreement at a level and on terms appropriate for each project. 6. 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 mod'i'fication in accordance with C.R.S. 31-25-107 (4)(c). F:\Users\cdev\RUSS\ProjectslLionsheadlTlF\TIF Legal Docs\Lionshead\PublicFacilitiesPLanwithTIF316.doc MUR\58179\432486.01 $ Figure 1-Plan Area ~: m ~ ~ i MUR\58179\432486.01 9 Figure 2 Study Area Boundary Map