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
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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
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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.
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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;
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Ordinance 12, Series of 2005
6
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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.
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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).
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MUR\58179\432486.01 $
Figure 1-Plan Area
~: m ~ ~
i
MUR\58179\432486.01 9
Figure 2
Study Area Boundary
Map