HomeMy WebLinkAbout2009-11-17 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION AGENDA 0i.
TOM
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
3:00 P.M., NOVEMBER 17, 2009
NOTE: Times of items are approximate, subject to change, and cannot be relied
upon to determine at what time Council will consider an item.
Public comments on work session item may be solicited by the Town
Council.
1. ITEM /TOPIC: PEC /DRB Update (15 min.)
PRESENTER(S): Warren Campbell
2. ITEM /TOPIC: A worksession to present the evaluation of alternatives for
public notice for Town of Vail Design Review Board applications and public
hearings. (20 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Does the Vail Town Council wish to
instruct the Town staff to prepare amendments to the Vail Town Code to amend
the existing process and procedures outlined in the Zoning Regulations for public
notification of the Design Review Board meetings? If so, which of the proposed
options should the Town staff puruse, if any?
BACKGROUND: On October 6, 2009, the Vail Town Council instructed Town
staff to return to the Town Council worksession with an evaluation of alternatives
for providing public notification of the Town's Design Review Board and
applications and meetings. The request was in response to recent public input and
inquiries regarding certain actions taken on several design review applications. In
preparing this item for Town Council consideration, the following factors were
considered:
Ability to meet the needs of our applicants and adjacent property owners
Impacts to the length and cost of the design review process
Impacts on staffing levels to provide the amount of process requested
Assurance of adequate opportunity for public input and transparency within the
development review process.
STAFF RECOMMENDATION: Please refer to Section V of the memorandum to
the Vail Town Council, dated November 17, 2009, for a complete description of the
Town staff's recommendation.
3.
ITEM /TOPIC: Backgound information on the LionsHead Tax Increment
Financing (TIF) District. (15 min.)
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PRESENTER(S): Judy Camp / Greg Hall
ACTION REQUESTED OF COUNCIL: None - information only.
BACKGROUND: This evening's agenda includes a presentation of options for
a LionsHead Transit Center. Primary funding for the transit center would be tax
increment financing through the existing LionsHead TIF District. The attached
memo provides background information on the TIF district and the projected
funding available for capital projects within the TIF district. Staff is providing this
information for consideration in Council's evaluation of the project proposals
presented this evening.
STAFF RECOMMENDATION: None - information only
4. ITEM /TOPIC: Information Update.
a. Council Retreat Topics. (15 min.)
PRESENTER(S): Pam Brandmeyer
5. ITEM /TOPIC: Matters From Mayor & Council. (15 min.)
PRESENTER(S): Town Council.
6. ITEM /TOPIC: Adjournment. (4:20 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, DECEMBER 1, IN THE VAIL TOWN
COUNCIL CHAMBERS.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 17, 2009
ITEM /TOPIC: PEC /DRB Update
PRESENTER(S): Warren Campbell
ATTACHMENTS:
PEC Meeting Agenda, November 9, 2009
DRB Meeting Results, November 4, 2009
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PLANNING AND ENVIRONMENTAL COMMISSION
November 9, 2009
1:OOpm
TOiVNOVO
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEETING CANCELLED
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
5 minutes
1. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
2. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
3. A request for a work session to discuss a conditional use permit, pursuant to Section 12 -9C -3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(West Vail fire station), located at 2399 North Frontage Road /Parcel A, Resub of Tract D, Vail
Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
4. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
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Approval of October 26, 2009 minutes
MOTION: SECOND: VOTE:
Information Update
Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office 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 November 6, 2009, in the Vail Daily.
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DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
�Y1rt oVivAl November 4, 2009
TOW Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 2:30pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DuBois
Pete Dunning
Brian Gillette
Libby Plante
SITE VISITS
None
PUBLIC HEARING — TOWN COUNCIL CHAMBERS 3:00pm
1. River House Condominiums DRB090546 / 5 minutes Warren /Bill
Final review of a minor exterior alteration (re- paint)
83 Willow Place /Lot 3, Block 6, Vail Village Filing 1
Applicant: Fraser M. Horn
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 5 -0 -0
2. Solaris DRB090522 / 30 minutes Warren /Bill
Final review of changes to approved plans (landscaping, lighting, retail facades)
143 East Meadow Drive /Lot P, Block 5D, Vail Village Filing 1
Applicant: Michael Suman Architecture
ACTION: Approved with condition(s)
MOTION: Gillette SECOND: DuBois VOTE: 5 -0 -0
CONDITION(S):
1. The applicant shall submit an elevation drawing of the building with the proposed umbrellas for
further review by the Design Review Board prior to submittal of a revised Building Permit
application.
STAFF APPROVALS
Gourieux Residence DRB090498 Bill
Final review of an addition (deck)
520 East Lionshead Circle, Unit 201 /1-ot 5, Block 1, Vail Lionshead Filing 1
Applicant: Snowdon & Hopkins Architects
Blivas Family Revocable Trust DRB090502 Warren
Final review of a minor exterior alteration (stone, landscaping)
1463 Greenhill Court/Lot 8, Glen Lyon Subdivision
Applicant: Hector de la Rosa
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New Spring Hill Lane LLC Residence DRB090506 Warren
Final review of changes to approved plans (patio, walkway, water feature, planting)
1537 Spring Hill Lane /Lot 13, Block 3, Vail Valley
Applicant: Scott Turnipseed
Centre V Restaurant DRB090507 Warren
Final review of a minor exterior alteration (door)
675 Lionshead Place /Lots 1 & 2, Vail Lionshead Filing 6
Applicant: Oz Architecture
Lester Residence DRB090508 Rachel
Final review of a minor exterior alteration (door)
4779 Meadow Drive /Lot 1 B, Block 5, Bighorn 5th Addition
Applicant: Therese Lester
Holiday Inn DRB090520 Rachel
Final review of a minor exterior alteration (re- paint)
2211 North Frontage Road West/Lots 1 & 2, Vail Das Schone Filing 3
Applicant: Jason Yeash
Bolin Residence DRB090521 Warren
Final review of a minor exterior alteration (landscaping)
1017 Ptarmigan Road /Lot 1, Block 5, Vail Village Filing 7
Applicant: Phillip Hirst
Fall Ridge Condos DRB090525 Warren
Final review of a minor exterior alteration (landscaping)
1650 Fallridge Road /Lot 2, Suburst Filing 3
Applicant: A Cut Above Forestry
Vail PBK LLC Residence DRB090526 Warren
Final review of a minor exterior alteration (deck)
1704 Geneva Drive /Lot 19 -13, Matterhorn Village
Applicant: Jason Bastien
Jeffrey H Bailey Revocable Trust Residence DRB090527 Jen
Final review of a minor exterior alteration (landscaping)
5155 Main Gore Drive South /Lot 20, Block 19, Vail Meadows Filing 1
Applicant: Jeff Bailey
Hanlon Residence DRB090528 Warren
Final review of a minor exterior alteration (landscaping)
897 Red Sandstone Circle /Lot 1, Block 3, Vail Village Filing 9
Applicant: Joseph Hanlon
Beaver Dam LLC Residence DRB090529 Warren
Final review of a minor exterior alteration (landscaping)
443 Beaver Dam Road /Lot 4, Block 4, Vail Village Filing 3
Applicant: A Cut Above Forestry
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Linafelter Residence DRB090530 Warren
Final review of a minor exterior alteration (patio)
3025 Booth Falls Drive /Lot 14, Block 3, Vail Village Filing 13
Applicant: Rex Ingram
Yarusso Residence DRB090532 Jen
Final review of a minor exterior alteration (landscaping)
5139 Gore Circle /Lot 7, Block 2, Bighorn 5th Addition
Applicant: In The Trees LLC
Wagner Residence DRB090533 Jen
Final review of a minor exterior alteration (landscaping)
5168 Gore Circle /Lot 6, Block 3, Bighorn 5th Addition
Applicant: Charlie Sherman
Sabbia Talenti DRB090534 Warren
Final review of a sign application (wall)
20 Vail Road, Unit A /Lot 1, Block 5E, Vail Village 1
Applicant: Johannes Faessler
Aylesworth Residence DRB090535 Bill
Final review of a minor exterior alteration (roof)
2586 Davos Trail, West Unit/Lot 4, Block 5E, Vail Das Schone Filing 1
Applicant: Elk Mountain Roofing
Arrigoni Residence DRB090538 Bill
Final review of a minor exterior alteration (solar thermal panels)
1722 Geneva Drive /Lot 11 -A, Matterhorn Village
Applicant: Sundance Plumbing & Heating
1502 Timberfalls Residence DRB090539 Bill
Final review of a minor exterior alteration (gas meter, piping, vent)
4470 Timberfalls Court, Unit 1502 /Unplatted
Applicant: WHS Building Concepts
Schwartz Residence DRB090540 Bill
Final review of a minor exterior alteration (hot tub)
1136 Hornsilver Circle /Lot 10, Block 6, Vail Village Filing 7
Applicant: KH Webb Architects
White Rock Beaver Dam LLC Residence DRB090543 Bill
Final review of changes to approved plans (landscaping)
184 Beaver Dam Road /Lot 24, Block 7, Vail Village Filing 1
Applicant: Bill Reslock
Miles Residence DRB090544 Bill
Final review of a minor exterior alteration (windows)
1476 Westhaven Circle, Unit 13 /1-ot 53, Glen Lyon Subdivision
Applicant: Peter Casabonne
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Gilmartin Residence DRB090545 Warren
Final review of a minor exterior alteration (landscaping)
788 Potato Patch Drive, Unit B /Lot 13, Block 1, Vail Potato Patch
Applicant: A Cut Above Forestry
Archer Residence DRB090547 Bill
Final review of a minor exterior alteration (landscaping, grading)
4223 Spruce Way, Unit B /Lot 14B, Bighorn 3rd Addition
Applicant: Bernie Weber
Edgerton /Distelhorst Residence DRB090548 Jen
Final review of a minor exterior alteration (landscaping)
4582 Streamside Circle, Unit A /Lot 1, Distelhorst Subdivision
Applicant: Dorothy Distelhorst
Finer Vail LLC Residence DRB090549 Rachel
Final review of a minor exterior alteration (door)
4888 Meadow Lane, Unit B /Lot 4, Block 6, Bighorn 5th Addition
Applicant: Charles Phebus
Santamaria Residence DRB090550 Warren
Final review of a minor exterior alteration (roof)
4999 Main Gore Drive South, Unit A /Lot 10, Block 5, Bighorn 5th Addition
Applicant: Steven Santamaria
Bighorn Land & Cattle Co /Frank Residence DRB090551 Jen
Final review of a minor exterior alteration (landscaping)
3984 Bighorn Road, Units A & B /Lot 3, Gore Creek Park
Applicant: Wallace Frank
Post/Odum /Carson Residence DRB090554 Warren
Final review of a minor exterior alteration (roof)
4254 Columbine Way, Units 9 & 10 /Bighorn Terrace
Applicant: TNT Specialty Constructors
Buzzard Park Apartments DRB090555 Rachel
Final review of a minor exterior alteration (roof)
1329 Elkhorn Drive /Unplatted
Applicant: Stay Dry Roofing
Johnston Residence DRB090556 Warren
Final review of a minor exterior alteration (roof)
1184 Cabin Circle /Lot 2, Block 2, Vail Valley
Applicant: Master Sealers
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,
Telephone for the Hearing Impaired, for information.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 17, 2009
ITEM /TOPIC: A worksession to present the evaluation of alternatives for public notice for
Town of Vail Design Review Board applications and public hearings.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Does the Vail Town Council wish to instruct the Town
staff to prepare amendments to the Vail Town Code to amend the existing process and
procedures outlined in the Zoning Regulations for public notification of the Design Review
Board meetings? If so, which of the proposed options should the Town staff puruse, if any?
BACKGROUND: On October 6, 2009, the Vail Town Council instructed Town staff to return to
the Town Council worksession with an evaluation of alternatives for providing public
notification of the Town's Design Review Board and applications and meetings. The request
was in response to recent public input and inquiries regarding certain actions taken on several
design review applications. In preparing this item for Town Council consideration, the
following factors were considered:
Ability to meet the needs of our applicants and adjacent property owners
Impacts to the length and cost of the design review process
Impacts on staffing levels to provide the amount of process requested
Assurance of adequate opportunity for public input and transparency within the development
review process.
STAFF RECOMMENDATION: Please refer to Section V of the memorandum to the Vail
Town Council, dated November 17, 2009, for a complete description of the Town staffs
recommendation.
ATTACHMENTS:
DRB Public Notification Memo
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: November 17, 2009
SUJECT: Evaluation of alternatives for public notice of Town of Vail Design Review Board
applications and public hearings
I. PURPOSE
The Vail Town Council directed staff to evaluate alternatives for providing notification of
Design Review Board applications and public hearings to adjacent property owners.
The purpose of this worksession is to review the existing regulations related to public
hearing notification and potential alternatives for providing notification to adjacent
property owners.
II. BACKGROUND
The Town has received complaints from adjacent property owners regarding Design
Review Board applications and public hearings because they did not receive any notice
of a meeting when their neighbor was proposing changes to the exterior of their home
and /or their site landscaping. The most common concerns from adjacent property
owners have resulted from proposals to demolish and rebuild new structures (ie, Vail
Mountain View Residences). Although, staff has also received comments from
concerned neighbors regarding the removal of a tree, the installation of new windows
and the construction of children's play set.
Currently, if a development proposal does not require Planning and Environmental
Commission approval (i.e. conditional use permit, variance, special development district,
major exterior alteration, etc.) and only a Design Review Board application is required,
then the only notification required by the Town Code is posting of the upcoming meeting
in the local newspaper.
III. APPLICABLE REGULATIONS
What Actions Require DRB Approval?
The Design Review Board regulates nearly all exterior changes to structures and
landscape changes, particularly the removal of landscape. More specifically the code
states:
12 -11 -3: DESIGN APPROVAL:
Scope: No person shall commence removal of vegetation, site preparation,
building construction or demolition, dumping of material upon a site, sign
erection, exterior alteration or enlargement of an existing structure, paving,
fencing or other improvements of open space within the corporate limits of the
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Town unless design approval has been granted as prescribed in this Chapter.
The addition of plant materials to existing landscaping, gardening and landscape
maintenance shall be exempt from this provision
What Notification is required for a Design Review Board Meeting?
The Town of Vail Community Development Department's practice has been to publish
the location and dates of a Design Review Board meeting as required by the adopted
Code. Additionally, the Department also places the meeting agenda on the Town's web
site and posts the notice outside the Town Council Chambers. However, there is no
requirement for publishing the agenda, unless there is a special meeting and there are
no requirements to notify adjacent property owners. In an effort to reduce publication
costs, to minimize publishing errors and increase customer service, the Town stopped
exceeding its legal requirements by publishing the full meeting agenda in the local
newspaper seven or eight years ago. Specifically Section 3 -4 -5, Meeting, Vail Town
Code, addresses DRB meeting procedures:
3 -4 -5: MEETINGS:
The design review board shall meet the first and third Wednesday of each
month. Additional meetings may be called by the design review board or the
town staff if such meetings are deemed necessary. Should the staff or the design
review board require any additional meetings, a notification of the date and items
to be reviewed at the additional meetings shall be given by publication once, in a
newspaper of general circulation in Eagle County, no later than the Friday of the
week prior to the meeting. (Ord. 10(1996): Ord. 9(1996) § 5: Ord. 46(199 1) § 1:
Ord. 18(1985) §§ 1, 2: Ord. 39(1983) § 1)
What notification is required for a Planning and Environmental Commission
Meeting?
Staff strongly believes that the notification requirements to adjacent property owners and
publishing the agenda is critical for Planning and Environmental Commission meetings
in that an application is proposing something more than a "use by right." In many cases
an applicant is requesting a variance or some other form of variation from the Town's
prescribed development standards and zoning requirements. The specific requirements
for a Planning and Environmental Commission application and meeting include:
12 -3.6. C. NOTICE:
1. Not less than fifteen (15) days prior to the date set for the hearing before the
planning and environmental commission, the administrator shall cause a copy of
the notice to be published once in a newspaper of general circulation in the town.
2. In addition to the published notice, the administrator shall cause a copy of the
notice to be mailed by first class mail, postage prepaid to the owner or owners of
record of the property which is subject of the hearing and the owner or owners of
record of the property adjacent to the subject property (if the adjacent property is
a condominium project, notice may be mailed to the managing agent, registered
agent or any member of the board of directors thereon, for any amendment,
change or application relating to:
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a. Changes in zoning district boundaries;
b. Conditional uses;
c. Variances;
d. Development plans for special development districts; and
e. Changes in the density control sections in any of the zone districts.
3. The within required notices shall state the time and place of the hearing, name
of the applicant, a general description of the subject property indicating its
location (which may be shown by map), a brief summary of the subject matter of
the hearing, and a statement that the application or information relating to the
proposed change or amendment is available in the administrator's office during
regular business hours for review or inspection by the public.
What are the Town Council Meeting Notification Requirements?
It is interesting to note that the Town Council will take the most significant actions in
approving or disapproving rezoning requests, amendments to the zoning code, and
Special Development Districts, however, there is no requirement for notification to
adjacent property owners of such meeting. Rather, adjacent property owners are
notified of a PEC meeting where the Commission is making a recommendation to the
Council. The specific notification requirements for a Town Council meeting include
placing a notice with an agenda at specific locations at Town Hall prior to a Town
Council meeting. There are additional specific requirements for the publication of an
ordinance. According to the Vail Town Code, specific requirements for Council meetings
and ordinances include:
TOWN CHARTER - SECTION 4.1— REGULAR MEETINGS:
The council shall meet regularly at least twice each month at a day and hour to
be fixed by the rules of council. The council shall determine the rules of
procedure governing meetings. The first meeting following each regular
municipal election shall be the organizational meeting of the council as provided
for in Section 3.3 of this Charter.
SECTION 4.10 — PROCEDURE:
Except for emergency ordinances, ordinances making general codification of
existing ordinances, and ordinances adopting standard codes with or without
amendment, the following procedure for enactment of ordinances shall be
followed:
(a) The ordinance shall be introduced at any regular meeting of the council by
any member thereof.
(b) The ordinance shall be read in full, or in cases where copies of the ordinance
are available to the council and are or have been made available to the public,
said ordinance may be read by title only.
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(c) After the first reading of the ordinance, the same shall be approved with or
without amendment or rejected by a vote of the council.
(d) If the ordinance is approved on first reading, it shall be published once in full
unless otherwise provided herein. The council shall set a day, hour, and place at
which council shall hold a public hearing on the ordinance and notice of said day,
hour, and place shall be included in the first publication.
(e) The ordinance shall be introduced at council a second time, at a meeting not
earlier than seven (7) days after first publication, for final approval, rejection, or
other action as may be taken by vote of the council.
(0 Except as otherwise provided herein, an ordinance, if amended subsequent to
its last publication, shall be published in full after final passage; but if not
amended, it shall be published either by title or in full as the council may
determine.
(g) Whenever an ordinance shall be published by reference or by title, the
publication shall contain a summary of the subject matter of said ordinance and
shall contain a notice to the public that copies of the proposed ordinance are
available at the office of the town clerk. The publication of any ordinance by
reference or by title as provided herein must set forth in full any penalty clause
contained in said ordinance.
IV. OPTIONS FOR DESIGN REVIEW BOARD MEETING NOTIFICATION
Considerations for evaluating options
The first question that should be considered is what type of design review applications, if
any, should require adjacent property owner notification. A positive aspect of the Town's
design review process is that an applicant can receive staff approval, within hours to
days of a complete application submittal. In addition, if a design review application can
not be staff approved, but is still relatively simple, the item can be scheduled within 5 -7
days of an application submittal for either a conceptual or final review on the agenda.
The current flexibility of the design review process is a major positive element for
applicants. New notification requirements may be seen as increasing the complexity
and length of the design review process.
When staff evaluated the types of projects that the Town receives concerns or
complaints about the lack of Design Review Board meeting notification, we find that
concerns have been expressed over both new development projects and relatively
simple improvements such as the removal of a tree, new deck, addition of a window, or
location of outdoor hot tubs. It would be possible to require adjacent notification for only
new homes or additions to structures of greater than some pre- determined amount of
square footage. However, there will still be disputes between adjacent property owners
over relatively simple and minor improvements.
A significant legal consideration applicable to any new codified notification requirements
is that it exposes the Town to costly legal challenges. Flaws in the notification process,
whether due to the error of the applicant, newspaper, or staff, can result in expensive
litigation and costly time delays.
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Another issue to consider is that if a design review application complies to all elements
of the zoning code, and it is a use by right, should the Town require increased
notification. As a "use by right' there is already the presumption of full disclosure to
adjacent property owners. In comparison, the Planning and Environmental Commission
is often evaluating exceptions or variations to the zoning code, based on adopted
criteria, or changes in zoning where it is critical to the process to have significant public
input.
Options for Additional Notification
The following are options for notification and related considerations.
Option 1: Require adjacent notification 15 days prior to a DRB meeting or
approval for a DRB project.
This would be similar to the PEC notification requirements. The applicant
would provide stamped, addressed envelopes to the Town and the Town
would send out a notice to adjacent property owners. The question would
be does this occur for all DRB items? This option would notify adjacent
property owners but at the cost of creating a more inflexible development
review process and increase staffing needs. If a project requires PEC
review and approval, would another notice be required for a DRB
hearing? This option would achieve a goal of notifying adjacent property
owners, however, it would have the greatest cost implications in
administrative time, legal exposure, impact on customer service and
impact to the applicant.
Option 2: Require a DRB applicant to place a sign on their lot visible from a
public right of way indicating a DRB application has been submitted
for the property.
This would be a relatively simpler way compared to Option 1 of providing
notification to adjacent property owners that a DRB application has been
submitted to the Town and is pending review. This is a very common
practice in other jurisdictions for conditional use permit, variance,
rezoning and special development district applications. It requires
developing a standardized sign that would be placed on a property within
a set period of time of an application being received by the Town. The
cost of the sign reproduction would likely be incorporated into the design
review fee. The burden for this option is could be placed primarily on the
applicant. However, it is questionable how effective this option would be
in a community with so many of the dwelling units being occupied by
second home owners. The Town would have an additional follow -up
obligation of verifying that signs have been properly placed on the
appropriate properties within the required time frames.
Option 3: Require applicants to mail certified notices that an application has
been made for a DRB application to adjacent property owners and
provide the Town with proof that notices have been sent.
This option places the responsibility of mailing the notification on the
applicant. Instead of a notice for a hearing, the notice would simply
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indicate that an application has been applied for and that any adjacent
property owner can contact the Community Development Department for
more information. This requires the applicant to identify and send a
notice to adjacent property owners. This option would still have many of
the negative aspects of Option 1. Staff anticipates that this would
generate significant additional calls and inquires to the Town on DRB
applications. The Town could still be responsible for improper notice if an
applicant did not send notices in a timely and appropriate. However, this
option would simply indicate a DRB application had been applied for and
place the responsibility on an adjacent property owner to inquire about
specific meeting dates or approvals. Staff approvals could still occur
under this scenario. Under this scenario, it could be possible that a staff
approval or DRB approval for a simple project could occur before a notice
is received. An aggrieved adjacent property owner would most likely
have adequate time to appeal a staff decision if that occurred.
Option 4: Don't create any new legal notifications for DRB. Allow Town
property owners to subscribe to an email product that would inform
property owners of all development review applications in the Town.
This would be similar to the "Vail Mail" program where interested parties
can subscribe to an email service that provides timely information on
upcoming development review applications and meetings. This option
places the responsibility on the Town to provide updated information on
the web for DRB, PEC, and Council meetings. It also places the
responsibility on property owners to actively participate and review what
is being proposed in the Town and provides them a tool to monitor
meetings and agendas. This option could be a regulatory requirement
and more than just a service provided by the Town of Vail. In many
ways this option already exists within the normal course of business of
the Community Development Department. Today, full meeting agendas
are posted on the Town's web site in advance (2 — 3 days) of an
upcoming meeting, and then subsequently, meeting results are posted
immediately (within 24 hours) following the conclusion of the Design
Review Board meeting
V. STAFF RECOMMENDATION
If the Vail Town Council wishes to amend the Town's policy on notification for Design
Review Board meetings, the Community Development Department would then
recommend further exploring the merits of Option 4. The Community Development
Department prefers an option similar to Option 4 for the following reasons:
• Interested parties can monitor proposed development applications in the
Town of Vail.
• There is no delay for applicants due to notification requirements.
• Any proposal that exceeds allowable zoning standards or is not a "use by
right" will be reviewed by the Planning and Environmental Commission
and adjacent property owners will be notified.
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• The cost of this program may be $1,000 to $1,500 for an e-mail
subscription service versus spending $20,000 or more (staff time and
materials) on written notifications.
• This option minimizes the exposure of the Town to legal challenges
because of allegations of improper notice or procedure.
• Has the least amount of impact on staffing levels of the four options.
• This has been successful in other communities where property owners
and residents choose to monitor development activity in their community.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 17, 2009
ITEM /TOPIC: Backgound information on the LionsHead Tax Increment Financing (TIF)
District.
PRESENTER(S): Judy Camp / Greg Hall
ACTION REQUESTED OF COUNCIL: None - information only.
BACKGROUND: This evening's agenda includes a presentation of options for a LionsHead
Transit Center. Primary funding for the transit center would be tax increment financing through
the existing LionsHead TIF District. The attached memo provides background information on
the TIF district and the projected funding available for capital projects within the TIF district.
Staff is providing this information for consideration in Council's evaluation of the project
proposals presented this evening.
STAFF RECOMMENDATION: None - information only
ATTACHMENTS:
Tax Increment Financing Memo
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MEMORANDUM
To: Town Council
From: Judy Camp
Greg Hall
Date: November 12, 2009
Subject: Tax Increment Financing
Background
In November of 2003, the Vail Town Council established the Vail Reinvestment Authority
(VRA), an urban renewal authority under Colorado state statute. One of the powers of
an urban renewal authority is to implement tax increment financing (TIF). In its simplest
terms, TIF is a mechanism whereby incremental tax dollars generated by new
development are used to fund renovation and reconstruction of public infrastructure for a
TIF district. Incremental taxes may only be used for infrastructure, or capital
improvements, not for operations. Incremental taxes paid to the TIF district include
taxes levied by all entities within the district, i.e, school district, county, municipality, and
special districts. Each taxing entity continues to receive the taxes they would have
received if no development had occurred and the public infrastructure required by the
redevelopment is supported by the new tax dollars.
The LionsHead TIF district was established in June, 2005, and the Amended LionsHead
Public Facilities Development Plan adopted at the same time. The TIF district has a
maximum life of 25 years - through June 6, 2030. Although sales tax is a legally allowed
source for tax increment financing, the town has chosen to use only property tax to fund
the LionsHead improvements, leaving incremental sales tax for the general benefit of the
town and other taxing entities.
The development plan states WRA 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 acquisitions, stormwater
improvements, public art projects, and other similar improvements necessary to carry
out the objectives of the Lionshead Master Plan." Specific projects identified at that
time, along with their currently estimated costs are as follows:
Frontage Road Improvements in Lionshead $ 10.2M
Transit Center (ECO, shuttles, Skier Drop off) $ 9.3M
West Lionshead Circle (Pedestrian Improvements) $ 1.2M
East Lionshead Portal (Bus turn around /Retail Entrance) $ 12.OM
East Lionshead Circle (Repave and new ped areas) $ 4.7M
Lionshead Streetscape Connection to North day Lot 0.3M
Total $ 37.7M
The Vail Reinvestment Authority began collecting incremental property tax revenue in
2007 and currently has a fund balance of $2.8 million.
Project Financing
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The Vail Reinvestment Authority has the power to issue bonds repayable from
incremental tax revenue without additional voter approval. The amount of bond
financing available depends on the following variables:
• Incremental tax revenue, which in turn is determined by:
- New development projects and their stage of completion
- Assessed valuations as determined by the county and subject to appeal by the
taxpayer
- Mil levies established by all taxing entities in the area
• The bond market at the time of issuance including:
- VRA's credit rating
- Interest rates
- Debt service coverage ratios
- Term of the bonds, which cannot extend beyond 2030
Since bonds require a debt service coverage which exceeds the amount of projected
revenue, excess cash not used to pay principal and interest is also available to fund
public improvements. For example, if the annual principal and interest payment is $1.0,
the bond documents may stipulate annual revenues must be 1.6 times that amount or
$1.6 million. In that case, $600K is available annually to fund additional projects.
Because of the variables mentioned above, the estimated amount of project funding
available from TIF will change as new information becomes available and as market
conditions change. We currently estimate approximately $50 million could be available
for project funding over the next twenty years. Based on current projections,
approximately $22 million in project funds could be available from a bond issue in mid
2010. Assuming a debt service ratio of 1.6 times pledged revenue, an additional $1.0
million (higher in later years) could be spent annually or accumulated for spending in
future years. A smaller bond issue in 2010 would allow for additional bonding later.
Assumptions used for the current projection are as follows:
- Completed projects: Gore Place Residences and Arrabelle
- Redevelopment in process: Ritz Carlton Residences, Lions Square North,
Landmark
- Current valuations per county assessor as of 8/25/09; 10% reduction in valuations
in 2011 reassessment
- Mil levies as certified in 2008 for 2009 collection
- VRA credit rating BBB (one level below Town of Vail rating)
- Interest rate 5.8% including all costs
- Debt service coverage ratio 1.6
Conclusion
The LionsHead transit center and related improvements which Council will see Tuesday
evening is a qualified project for use of TIF financing. Up to $22 million of bonded
financing could be available in 2010 for the transit center and other improvements, with
an additional $28 million available over the remaining 20 year life of the TIF district. We
are not asking at this time for Council to make a decision on all of the projects originally
identified for TIF funding, but are providing background with regard to the capacity of TIF
to fund those projects.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 17, 2009
ITEM /TOPIC: Information Update.
a. Council Retreat Topics.
PRESENTER(S): Pam Brandmeyer
ATTACHMENTS:
Arosa Drive Duplex Update
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: November 17, 2009
SUBJECT: Arosa Drive Duplex Update
This is for informational purposes only and is not part of the Town Council Meeting
Agenda.
I. Introduction
On June 16, 2009, the Vail Town Council selected JL Viele Construction to build the
new employee housing duplex at 2657 Arosa Drive. Each half of the duplex will have
three - bedrooms and two and one -half bathrooms in approximately 1,600 square feet of
living space. Additionally, each unit has an attached two -car garage. The duplex will be
LEED Certified.
Per the schedule, ground breaking for the duplex took place in September and move -in
is scheduled for June, 2010. The site work is nearly complete, with the exception of final
grading and landscaping. Framing of the house began November 6 and is anticipated to
be complete by December 4. Dry -in should be complete by December 31.
II. The Arosa Drive Duplex Lottery
With site work nearly complete and framing nearing completion as well, Staff will make
lottery applications available for the duplex by December 4, 2009. With the greatest risk
to discover site unknowns complete, Staff is comfortable setting the sales price based
upon the previously approved contract amount of $781,307. This will allow the Town to
sell each half of the duplex for approximately $390,000, with no out -of- pocket cost to the
Town. The Town will retain ownership of the land and make it available to the
homeowners via a long -term ground lease.
With lottery applications available in early December, two purchasers will be under
contract in January, 2010. This will allow each purchaser to have the opportunity to
customize their home based on pre - selected options provided by JL Viele Construction.
When the purchasers close on their new homes in June, 2010, the Town of Vail will be
reimbursed for the cost of construction.
III. Budget and Schedule
Staff is pleased to report the Arosa Drive Duplex is currently on -time and on- budget.
There is one allowance in the construction contract with JL Viele Construction. It is
winter conditions. The budget also contains a contingency line item. As winter is just
beginning and the project is not yet complete it is unknown if there will be any cost
savings in either of these line items. If there are cost savings in either of these two line
items the savings will be credited to the Town.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 17, 2009
ITEM /TOPIC: Matters From Mayor & Council.
PRESENTER(S): Town Council.
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