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'G ~ p„p~L~ ~ 7i ~_~..C._ C p h J y~= 9 p . . ~p F~ j,~~ o ~ 'b ? , ~m~ b ®7~7oT ~ ~ ~ r a ~ o'~~~ ~t o ~ ~ ¢ p~'uom~ ap °N~ ~~ E ~ wm. p ~ } ~ m a tia~N E ' ~ m iggn~~C ~ CC ~ ~ V ~ d ~~~n ~~~ ~ LL ~i° ~v~ ~H -p m~ ~ O cy ~v~~ 'per E 'v~ a~, -~ z`a ° m wppz~d ~, ro~~in L 7[C ~ p'aD'O am o m~'~5 o 7Q `o. ~ 3~CC pp ~ N y m.a~ w a `~~' c $m ~ ~m ~om~ .52~ ~ ~ ai~a ~+ ¢m~~p~ 9~ ¢a ¢Uaa ¢a a 0 Q ~~' .1., ~, zf .G 00 U_ ~~., V} ~" a ~z ti a O C N 0 z x O .~ .~ D C.) PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, February 23, 2004 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME, 12:00 pm MEMBERS PRESENT Jahn Schofield Erickson Shirley George Lamb Rollie Kjesbo Doug Cahill Gary Hartman Chas Bernhardt MEMBERS ABSENT Site Visits 1. The Ruins - 100D W. Frontage Road 2. VRDNaiI Gymnastics Facility - 551 N. Frontage Road West Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break far dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a proposed amendment to the Town of Vail Official Zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3} tv High De Multiple Family (HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and Inn at West Vail Lot 1, Black A, Vail Das Schane Filing 3, in accordance with Section 12-3-7, Vail Tawn Cade, and setting forth details in r thereto. App6icant: Vanquish Vail, LLC, represented by Allison Ochs Planner: Matt Gennett MOTIDN: Cahill SECOND: Kjesbo VOTE: 7-0 TABLED TO MARCH 8, 2004 nsty Roadl egard Matt Gennett stated that in order far this proposal to proceed forward in any form other than that which is proposed, the applicant shall be required to submit a new application to the Community Development Department. The Commission requested that a very direct letter be forwarded to the applicant stating such requirement. 2. A request for a work session to discuss an application far a major amendment to Special Development District #4, Cascade Village, pursuant to Section 12-9A-1 d, Vail Town Code to allow for the adoption of a Development Plan for the development of a new multiple-family structure, Located at 1040 W. Frontage RdJCascade Village, Development Area A, and setting forth details in regard thereto. Applicant: Ramsey Flower and Greg Walton Planner: George Ruther MOTION: Cahill SECOND: Kjesba VOTE:7-0 TABLED TO MARCH 8, 2004 ~\ ~, iti Tow><< o~ ~~rc '~ 3. A request for a final review of a conditional use permit, pursuant to section 12-9C-3, Vail Tawn Code, to allow for a public indoor community facility, located at 551 N. Frontage Road WestNail Potato Patch, Red Sandstone Elementary School, and setting forth details in regard thereto. Applicant: VRD -Vail Gymnastics Facility, represented by Fritzlen Pierce Architects Planner; Matt Gennett MOTION: Cahill SECOND: Hartman VOTE: 7-0 APPROVED WITH THREE AMENDED CONDITIONS OF APPROVAL: 1. This conditional use permit approval is contingent upon the applicant. receiving Town of Vail design review approval for this proposal. '?. The ~:.~1~~C^+s:;~r.-it /'. T ~~r..,r~++~~ nnrrninninv~ +„ ~~,rl~ ~e i`~, FM~~:<ag~. f?~"~-~p.. ..# pyr~/IY1lY AllG1'{~P1lA/- r2. LJ..,c arc n{ rt.~,or~}i~r i,~r }L... !'~.im~ `_.pvlli#~w:ll n.. ~ ahccl :.rat, r~ir~ P~~'^+'." f+91"CIMC`tJ~ 2. No parking of vehicles associated with the use of the gymnastic facility shall be allowed on the North Frontage Road. Failure to comply with this condition shall be grounds far revocation of the conditional use permit for the gymnastic facility 3. The hours of operation for the use of the gymnastic facility shall not interfere with school programs, parking, and activities. The terms for the use of the gymnastic facility shall be documented in an adopted intergovernmental Agreement (IGA) by and between the Eagle Gounty School District, Vail Recreation District, and Town ofVaiL Said Agreement • shall be in place prior to the issuance of a Certificate of Occupancy for the facility. Matt Gennett made a presentation per the staff memorandum outlining the request. Staff recommended approval of the request with three conditions as outlined in the staff memorandum. The Commission expressed concern with three issues 1) hours of operation and conflicts with the school hours, 2) traffic circulation and parking, and 3) location of bus stop. Greg Moffat, speaking for the applicant, responded to the Commissions concerns. The Commission continued to investigate answers to their expressed concerns. Following discussion on the request, the Commission agreed that amendmen#s to the proposed conditions were required. Upon discussion off the conditions, a motion for approval with amendments to the conditions was made. 4. A request far a recommendation to the Vail Town Council to approve, approve with modification, or deny the Lionshead Public Facilities Development Plan. The specific description and area far the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of Interstate 7Q in the Town ofi Vail. Russell Forrest made a presentation to the Commission describing the need for the Plan per the staff memorandum. Staff recommended that the Commission forwards a recommendation of approval of the Plan to the Vail Town Council. Under public comment, Jim Lamont questioned uses of the TIF dollars and inconsistencies between zoning and covenants. Mr. Lamont expressed his support for the use of an urban renewal district to remove such inconsistencies when used to ensure compliance with community goals. The Commission questioned how the determination was to be made on which covenants are "offending" and in need of removal.. Several Commission members expressed reservations with regard to how the condemnation proceedings will affect the development future of Lionshead with the main concern being the ability to condemn more "recently" established covenants. The Commission indicated that criteria far removal or considerations for evaluation be established to address which covenants should be eligible for consideration for removal. It was determined that if the removal of the covenants furthered the goals of the town as documented in the adapted master plans, then removal should be allowed. The process of removal must include a public process for consideration. The Commission recommended that the use of condemnation powers of the Authority shall be limited to the removal of defunct, conflicting and obsolete covenants that inhibit the ability to implement the goals and objectives of the Town's master plan and adopted planning documents. ~, Applicant: Vail Reinvestment Authority Planner: Russell Forrest MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1 (Shirley) S. A request for a recommendation to the Vail Town Council to approve, approve with modification, or deny the P3&J Reinvestment Plan located at Lots P3 & J, Block 5A, Vail Village 5~' Fifing. Russell Forrest made a presentation to the Commission describing the need for the Plan per the staff memorandum. Staff recommended that the Commission forwards a recommendation of approval of the Plan to the Vail Town Council. The Cornmissian discussed both Items 4 and 5 on the agenda concurrently. Applicant: Vail Reinvestment Authority Planner: Russell Forrest MOTION; Kjesbo 5ECOND: Cahill VOTE: 7-© 6. A request for a recommendation #o the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Cade, to allow for Type III Employee Housing Units and' a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of tots 9A & 9C, Vail Village 2nd Filing from Public Accommodation {PA) zone district to High Density Multiple Family (HOME) zone district, located at 28 S. Frontage Rd. and 13 Vail RoadlLots 9A& 9C, Vail Village 2nd: Filing, and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: George Ruttier MOTION: Cahii! SECOND: Kjesbo VOTE: 7-0 TABLED TO MARCH 8, 204 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley DrivelLots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: VWarren Campbell MOTION: Cahill SECOND: Kjesbo TABLED TO MARCH 8, 2QQ4 11. Approval of minutes MOTION: Cahill SECOND: Hartman 12. Information Update • Irwin Variance Appeal 13. Adjournment VOTE: 7-~ VOTE: 7-0 3 MOTION: K~esbo SECOND: Lamb VOTE: 7-0 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 far information. Sign language interpretation available upon request.. with 24 hour notification. Please call 479- 2358, Telephone for the Hearing Impaired, for information. Community Development Department Published, February 20, 2004 in the Vail ©aily. • 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 23, 2004 SUBJECT: A request far a final recommendation to the Vail Town Gouncil of a proposed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Town Code, to the Tawn of Vail Official Zoning Map, to rezone the West Vail Lodge Properties, from Commercia6 Care Ilf (GG3} to High. Density Multiple Family (HOME}, located at 227'8, 2288, 2298 Chamonix Lane and 2211 North Frontage Roadllnn at West Vail Lot 1 Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLG Planner: Matt Gennett I. SUMMARY On January 26, 2004, the Planning and Environmental Commission (PEC} heard the applicant's request, as stated above, and during the deliberation portion of the hearing, unanimously expressed that the applicant's proposal could not be supported as submitted. However, the PEC voted to table the application, at the applicant's request, to allow the applicant an opportunity to be more creative and submit revisions to the proposal which are in compliance with the Town's development objectives- STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Town Council of an amendment to the Official Tawn of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone the West Vail Lodge Properties, as described above. Staff's recommendation of denial is based upon the review of the criteria outlined in Section Vill of this memorandum and the evidence and testimony presented, subject to the following findings: (1} That the amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and not compatible with the development objectives of the Town; and (2} That the amendment is not compatible with and suitable to adjacent uses and not appropriate for the surrounding areas; and ~3} That the amendment does not promote the health, safety, morals, and general welfare of the town and does not promote the coordinated and harmonious development of the town in a manner that conserves and f enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Town Council, the following findings must be made: (1}That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; and (2} That the amendment is compatible with and suitaf3le to adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest duality. III. ATTACHMENTS A. Staff memorandum from the January 2~, 2Q{l4 PEC hearing • 7 Attachment: A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2004 SUBJECT: A request for a final recommendation t© the Vail Town Council of a proposed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Tawn Code, to the Town of Vail Official Zoning Map, to rezone the West Vail Lodge Properties, from Commercial Core I11 (CC3} to High Density Multiple Family {HDMF}, located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Roadflnn at West Vail Lot 1 Black A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vaif, LLC PEanner: Matt Gennett SUMMARY The applicant, Vanquish Vail, LLC, has requested a change in the zoning designation of the West Vail Dodge properties, as described above, from Commercial Care III (CC3} to High Density Multiple Family (HDMF}. The West Vail Lodge is in a state of nonconformity with the standards of the CC3 zone and is subject to the provisions of Sections 12-8-4 and 12-8-5, Vail Town Code, which place restrictions on nonconforming uses, and structures and site improvements, respectively. The current use as a hotelJlodge is not a permitted, conditional, or accessory use in the CC3 zone district. It is staff"s position that rezoning the subiect property will result in a significant loss of actual sales tax revenues, and an even larger loss of future, potential sales tax revenues. Staff is recommending denial of the applicant's proposal based upon the criteria and findings contained in Section VIII of this memorandum, !I. DESCRIPTION OF THE REQUEST The applicant, Vanquish Vail, LLC, has proposed to rezone the "West Vail Lodge Properties", which comprise 2298, 2288, 2278 Chamonix Lane and 2211 North Frontage Road 1 Inn at West Vail, Lot 1 Block A, Vail Das Schone Filing 3, and Lots 1, 2, 3, and Tract C, Vail Das Schone Filing 1, from Commercial Core 3 {CC3} to High Density Multiple Family (HDMF), pursuant to Section 12-3-7, Vail Town Code. The applicant concedes that Public Accommodation {PA} would also be an appropriate zone district, but the long-term goals of the property owner are more congruent with the standards and uses of the HDMF zone. What the applicant wishes to accomplish with the requested zone change is the establishment of fractional fee units in the existing structure and construction of a new hotel facility on the northwestern portion of the site • IV. BACKGROUND In 1979, the West Vail Lodge was canstruc#ed under the jurisdiction of Eagle County and contained 83 accommodation units (hotel rooms), 19 dwelling units, and substantial commercial square footage. In the early 1980x, the West Vail Lodge Properties were annexed into the Town of Val[ by Qrdnanoe No. 43, Series of 198Q, and received the zoning designation of Commercial Core III (CG3). In 2003, the new owners of the West Vail Lodge, Vanquish Vail, LLG, received Design Review Board approval far minor exterior alterations, which entailed . repainting and stone veneer work, RULES OF THE REVIEWING BOARDS ZoninalRezonina Request Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environments! Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact an the general welfare of the community. Design 'Review Board: Action: The Design zaninglrezonings. Review Board has no review authority on Town Council: Action: The Town Council is responsible for fins[ approval/denial of a zoninglrezoning. The Town Council shall review and approve the proposal based an the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background an 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. • • V. APPLICABLE PLANNING DOCUMENTS Title 12. Zc~nina Reaulaticsns. Vail Town Code 12-3 Administration (in part ~2-3-7 Amendment: A. Prescription: The regulations prescribed in this fitle and the boundarr`es of the districts shown on fhe official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. lnitiafion: 7. An amendment of the regulations of this title ar a change in district boundaries may be initiated by the Town council on its own motion, by the planning and environmental commissidn on its awn mafian, by petition of any resident ar property owner in the town, ar by the administrator. 2. A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by fhe administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries acrd a map indicating the existing and proposed districf boundaries. if the petifion is for a change in district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each- Accompanyr`ng fhe lisf shall be stamped, addressed envelopes to each owner to be used for the mailing of fhe notice of hearing- The petition alsa shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 7. Zane C?istricf Boundary Amendment: a. Factors, Enumerated: Before acting on an application far a zone district boundary amendment, the planning and environmental commission and town counci! shall consider the fallowing factors with respect fo the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consisfent with all the applicable elements of fhe adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopfed planning documents; and (3) The exfenf fa which the zone districf amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal developmenf objectives; and (4) The extent to which the zone districf amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The exfenf fo which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but ~ not limited to, water qualify, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendmenf is consistent with the purpose statement of the proposed zone district; and (7) The extent fa which the zone districf amendment demonstrates haw conditions have changed since the zoning designation of the subject property was adopfed and is na longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application far a zone districf boundary amendment the planning and environmental commission and the town Council shall make the fallowing findings with respect to the requested amendmenf: (1) Thaf the amendment is consistent with the adopted goals, objectives and policies outlined in the nail comprehensive pfan and compatible with the development objectives of the town; and (2) That the amendmenf is compatible with and suitable fo adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances ifs natural environment and its established character as a resort and residential community of the highest quality. F. Planning And Environmental Commission Recommendation; Within ~ Twenty (2G~) days of the closing of a public hearing on a proposed amendmenf, the planning and environmental commission shall act on the petition or proposal, The commission may recommend approval of the petition ar proposal as initiated, may recommend approval with such modifications as it deems necessary fo accomplish the purposes of fl~is title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit ifs recommendafion, together with a report on fhe public hearing and ifs deliberations and firTdir3gs, fo the town council. 4 C. Hearing By Town Council.• Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in accordance with subsection ?2-3-68 of this chapter. H. Action Sy Town Council: Within twenty (2Q} days of the closing of a public hearing on a proposed amendment, the town council shall act on the pefition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The fown council may cause an ordinance to be introduced to amend the regulations of this title or to change district boundaries, either in accordance with the recommendatian of the planning and environmental commission or in modified farm, or the council may deny the petition. Jf the council elects to proceed with an ordinance amending the regulations or changing district boundaries, or both, the ordinance shalt be considered as prescribed by the charter of the town. Chapter 6 Residential Districts ARTICLE H. 'HIGH DENSITY MULTIPLE-FAMILY (HDMF} DISTRICT SECTION: 12-6H-1: Purpose The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25} dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permit#ed as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-2: Permitted Uses The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%} of the total gross residential floor area (GRFA} of the main structure or struotures on the site, additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-famiiy residential dwellings, including attached or raw dwellings and condominium dwellings. 12-6Fi-3: Conditional Uses The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chanter 1fi of this title: Bed and breakfast as further regulated. by section 12-14-18 of this title. Churches. ! Dog kennel. Home child daycare facility as further regulated by section 12-14-12 of this title. Privy#e clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreation facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and taws. Time share estate units, fractional fee units and time share Eicense units. Type III employee housing units ~EHU) as provided in chanter 13 of this title. 12-fiH-4: Accessory Uses The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, tool sheds,. playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. ether uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6H-5: Lot Area and Qimensions The minimum lot or site area shall be ten thousand (1[1,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'}. Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-6H-6: Setbacks • The minimum front setback shall be twenty feet (20'}, the minimum side setback shall be twenty feet (20'}, and the minimum rear setback shall be twenty feet (20'}. 12-6H-7: Height Far a flat roof or mansard raof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet {48'}.. 12-6H-8: Density Control No# mare than sixty (60) square feet of gross residential floor area (GRFA) shall be permitted for each ane hundred {100) square feet of buildable site area. Not more than sixty {60} square feet of gross residential flaar area shall be permitted far each ane hundred {100) square feet of buildable site area for any conditianai use listed in section 12-6H-3 of this article. Total density shall nat exceed twenty five {25} dwelling units per acre of buildable site area. Each accommodation unit shall be taunted as one-half {312) of a dweCling unit for purposes of calculating ailawable units per titre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than ane-third {1!3} of the total floor area of the dwelling. 12-6H-9: Site Coverage Site coverage shall not exceed fifty five percent (55%} of the total site area. 1Z-6H-10: Landscaping and Site Development At least thirty percent (30°l0} of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet {15') with a minimum area not less than three hundred (30f]} square feet. 12-6H-11: Parking and Loading Off-street parking and {oading sha11 be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. Ghapter 7 Commercial and Business Districts ARTICLE D. COMMERCIAL CURE III {CC3) DISTRICT SECTION: 12-D-1: Permitted Uses The following uses shall be permitted in the commercial tare 3 district: Banks and financial institutions, Eating and drinking establishments, including the following: Cocktail lounges, taverns and bars; Coffee shops; Fountain and sandwich shops; Restaurants. Health clubs Personal services and repair shops, including the following: Barbershops; Beauty shops; Business and officer services; Cleaning and laundry pick-up agencies without bulk cleaning or dyeing; Coin-operated or self-service laundries; Shoe repair; Small appliance repair shops, excluding furni#ure repair; Tailors and dressmakers;Travel and ticket agencies. Professional offces, business offices, and studios Retail stores and establishments without limit as to floor area including the following: Apparel stores; Art supply stores and galleries; Auto parts stares; Bakeries and confectioner%esQ preparation of products far sale on the premises; Bookstores; Building materials stores without outdoor storage; Camera stores and photographic studios; Candy stores; Chinaware and glassware stores; Delicatessens and specialty food stores; Department and general merchandise stores; Drugstores and pharmacies; Florists; Food stares; Furniture stores; Gift stores; Hardware stores; Health food stores; Hobby stores; Household appliance stores; Jewelry stores; Leather goods stores; Liquor stores; Music and record stores; Newsstands and tobacco stares; Photographic studios; Radio and television broadcasting studios; Radio and' television stores and repair shops; Sporting goods stores; Stationery stores; Supermarkets; Toy stores; Variety stores; Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: Conditional Uses The following conditional uses shall be permitted in the commercial care 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 1 Z-7D-1 of this article which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. CommerciaE storage. Dog kennel. Drive up facilities. Major arcade. Massage parlors. Qutside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal repay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type III employee housing units {EHU} as provided in chapter 13 of this title. 12-7^-3: Accessory Uses The following accessary uses shall be permitted in the commercial care 3 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessary to permitted or conditional uses, and necessary for the operation thereof. 12-7D-4: Lot Area and Site Dimensions The minimum lot or site area shall be twenty five thousand (25,000} square feet of buildable area, and each site shat( have a minimum frontage of one hundred feet (100'). 12-7D-5: Setbacks In the commercial core 3 district, the setback shall be twenty feet (20`} on all exterior boundaries of the zone district. 12-7D-6: Height. For a flat roof ar mansard roof, the height of buildings shall not exceed thirty five feet (35'}. For a sloping roof, the height of buildings shall not exceed thirty eight feet {38'}. 12-7D-7: Density Control Not more than thirty {30} square feet of gross residential floor area {GRFA) shall be permitted far each one hundred (100} square feet of buildable site area. Total density shall not exceed twelve (12} dwelling units per acre of buildable site area. L~} 12-7D-S: Site Coverage Site coverage shall not exceed forty percent (40%} of the total site area. 12-~D-9: Landscaping and Site Development At keast twenty five percent {25%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15'} with a minimum area not less than three hundred {300} square feet. 12-7D-10: Parking and Loading Off-street parking and loading shall be provided in accordance with chanter 10 of this title. No parking or loading area shall be located in any required front setback area. 12-7D-11: Location of Business Activity A. Limitation; Exception: All permitted and conditional uses by sections 12-7'D-1 and 12- 7D-2 of this article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's awn property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. VI. POTENTIAL SITE ZONING ANAY5IS (Note: The subject property is comprised of five separa#e lots totaling 8.94 acres or 172,018 sq ft.} Project site: Lots 1, 2, and 3, and Tract C, Vail Das Schone Filing 1; and Lot 1, Block A, Inn at West Vail Prapased Zoning.. High Density Multiple-Family (HDMF} Land Use Designation: Community Commercial & Medium Density Residential Current Land Use: LodgelHotellEating & ^rinking Establishments Development Standard Existing Allowed/Rea. (CCS} Allowed/Req. {HDMF) Lot Area: 172,018 sq ft 25,000 sq ft 10,000 sq ft Buildabke Lot Area: 3.890 acres 25,000 sq ft 10,000 sq ft {169,448 sq ft} Setbacks: Front: 63' 20' 20' Sides: 123'/49' 20' 20' Rear: 82' 20' 20' Building Height: i 10 • • Flat roof: Sloped roof Density: G RFA: Site Coverage: Landscape Area: 35' 56' 38' 19 DUs ~ 46 DUs & 83 AUs 0 AUs 43,532 sq ft 51,600 sq ft 1 ~°/v 40°/v (34,538 sq ft) (68,$01 sq ft} 14°/a 25°/v (24,082 sq ft) (43,001 sq ft) 45' 48' 98 DUs & 49 AUs 103,200 sq ft 55% (94,602 sq ft) 30 °/a (51,601 sq ft) VII. SURROUNDING LAND USES AND ZQNING Land Use Zaninq North: Residential Two-Family PrimarylSecondary Residential (PS) South: (I-70) NA East; Commercial Commercial Core III (CC3} West: Commercial & Commercial Gore IIE (CC3} &Two-Family Residential PrimarylSecandary Residential (PS} VIII. CRITI=RIA AND FINDINGS (1 } The extent to which the zone district amendment is consistent with al[ 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 (]f the total area of the site, approximately 86°Iv is designated by the Tawn of Vail Comprehensive Land Use Plan as C©mmunity Commercial, as is the remainder of the CC3 zone district, and 14% (Lots 1, 2, and 3, Vail Das Schone, Filing 1} as Medium Density Residential. The Vail Land Use Plan allocates 12.5%a of the total land area in Vail toward the Medium Density Residenfia! designation, and 0.7°/v toward Community Commercial. The plan also forecasts a shortfall in "local related retail space" of 18,422 square feet and suggests intensifying the Community Commercial uses located exclusively 'rn West Vail as the preferred remedy to this problem. The relevant portion of the Vail Land Use Map has been attached for reference (see Attachment F}. Under the "Preferred' Plan" Land Use Pattern section of the Vail Land Use Plan, the following is stated (p. 38}; • 8. Commerciaf Uses 4. Community Commercial 7 his new category has been designated fdr the west Vail commercial area, which is primarily oriented to serve the needs of the permanent resident and the long-term visifar. Because the community expressed the desire to concentrate commercial uses within existing commercial Hades, no new comrnerciaJ areas have been designated. The CC land use area contains 24 acres or 1 % of the land area. Fallowing this vision expressed by the community, it is not prudent to recommend approving a zone change request that would effectively remove a substantial portion of the Community Commercial land use area that will not and cannot be replaced. C7f the 24 acres that comprise the Community Commercial area and CC3 zone district, one-sixth (1/fi), or four acres, is made up of the West Vaii Properties. Because of the way the plan is written, as demonstrated above, the Vail Land Use Plan would need to be amended to accomplish the proposed zone change, which staff could not recommend approval for either. The community specifically expressed the desire to concentrate community commercial uses in the CC3 zone district, which, again, exists only in this one area of West Vail There is no other location in town zoned for community commercial uses, and many other locations zoned for high density multiple family uses to locate. If the applicant proposes to amend the Vail Comprehensive Land Use Plan, then staff would recommend a reconvening of the citizenry in order to reconsider the specific vision originally expressed by the community in the plan for the area in question. As they stand today, the Community Commercial land use designation and the CC3 zone district work in concert together to serve the needs of the Town of Vail as a viable community. If this relationship and scarce resource are allowed to be disrupted and severed by such an extreme shift in zoning and land use, the consequences will be detrimental to the functionality of the entire Town of Vail. The Vail Land Use Plan designates Lots 1, 2, and 3, Vail Das Schone, Filing 1, as Medium Density Residential, which is described as follows: Medium Density Residenfial The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 1 ~F dwelling units per buildable acre. Additional types of uses in fhis category would include private recreation facilities, private parking facilities and institutional/public uses such as parks, span space, churches, and fire stations.. The Vail Land Use Plan designates Lot 1, Block A, Vail Das Schone, Filing 3, and Tract C, Vail Das Schone Filing 1, as Community Commercial, which is described as follows: Community Commercial This area is designed to meet consumer demands from community residents. Primary uses would include supermarkefs, dry cleaning establishments, hardware stores, service stations, financial institutions, and medical offices. 1? The design of these facilities would 6e oriented toward vehicular access and parking. (2} The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Staff response: The West Vail Lodge itself is in a state of nonconformity with the standards of the CC3 zone district in terms of its use as a hotel/lodge, which is not a permitted, conditional, or accessory use in the CC3 zone district. The Commercial Core 3 (CC3} Zone District is unique in the Town of Vail as it alone provides the basic goods and services that a community needs in order to function on a daily basis, as demonstrated in the list permitted uses (refer to Section V of this memorandum). The applicant states there is a rational nexus for their proposal between the land use designation for the three lots called out as Medium Density Residential and the requested zone change to HDMF (See attachment D). Staff disagrees with this stated connection for numerous reasons. There are significant differences between a Medium Density Residential land use designation, as stated in the Town of Vail Comprehensive Land Use Plan, and the standards of the High Density Multiple-Family zone district, as stated in Title 12, Zoning Regulations, Vail Town Code. More fundamentally., there is a substantial difference between what constitutes regulation and that which constitutes a guiding policy. Additionally,. the existing zoning of the entire 3.9 acre subject property, and the properties on either side, is CC3. Of the total area of the site, approximately 86% is designated by the Land Use Plan as Community Commercial, as is the remainder of the CC3 zone district, and 14% (Lots 1, 2, and 3, Vail Das Schone, Filing 1) as Medium Density Residential. While there is a strong connection between the standards of the CC3 zone district and the details of the Community Commercial land use designation, the same cannot be said of the relationship between the HDMF zone district and the Medium Density Residential fend use designation. Also, there are no HDMF zone districts in the West Vail area and the CC3 zone district exists no place else except in the West Vail area. {3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff response: The small amount of land zoned CC3 is intended to serve the year-round residents, which include a significant portion of the local labor force, living in the Town of Vail. Zoning, in general, was created and established to separate certain types of land uses and organize them in a logical, compatible manner. Separated zone districts protect certain uses by keeping like uses in one area, and not allowing dissimilar uses in the same area. Likewise, zoning sets market expectations for land values and curbs speculation by specifying what is allowed and what is not allowed in a certain zone district. la For example, the uses in the CC3 zone district are protected. by the fact that a property owner in CC3 would not expect to sell an acre of land for the same price as an acre in the High Density Multiple Family (HOME} zone district. The reason for this is that the "highest and best use" in HDMF might be fractional- fee/timeshare, which could be developed and resold far a much larger profit than a grocery store, perhaps the "highest and best use'" in CC3. In this way, the Community Commercial oriented uses in the CC3 zone district are protected from land value speculation because investors have a list of what uses are permitted in the CC3 zone district. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Staff response: How cou-d the Planning and Environmental Commission ('PEC} justify a radical shift in zoning for such a large parcel of land, and not for any of the smaller lots in CC3? Defending the position that the proposal would not result in a spat zoning would be ethically impossible for a planner to do in this case. Given that there are na other gaps in the CC3 zone district today and the gaping disparity between the types of uses permitted in HDMF and CC3, there is no context for this proposal. Furthermore, the subject site constitutes one- , sixth (116}, or twenty percent (20%), of the entire CC3 zone district. Permitting such a radical shift in zoning far such a large piece of the already tiny CC3 zone district would not serve the best interests of the community that depends upon this zone district for their goods and services. j Equally relevant are the economic. consequences of rezoning such a large portion. of the West Vail commercial area. According to the Town of Vail's Finance Department, West Vail, Cascade Village, East Vail, and Sandstone together generated $3,569,707 inn sales tax revenues. Of this total, approximately 90%, or $3.2 million, came from the businesses in the CC3 zone district. Considering that the subject property encompasses 20% of the CC3 zone district, a substantial amount of sales tax revenues will be lost to the town. More importantly, a huge percentage of potential future sales tax revenues will be lost to the opportunity cost of rezoning four acres of commercially zoned land to high density multiple-family. If the four acres in question were redeveloped to fit the zoning, rather than rezoned to fit the development, a significant amount of new sales tax revenues could be realized by the Tawn of Vail. (6) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff response: It is staff's belief that the proposed rezoning of the West Vail Lodge Properties would be detrimental to the Town of Vail's future as a viable 14 community because it will likely cause a "Domino Effect" for the rest of the CC3 zone district. If the 3.9 acre subject site is rezoned to HDN1F, the land instantly increases in value because its maximum potential, in terms of profitability, increases exponentially. Once this "spat zoning" is accomplished, the surrounding landowners will observe the potential being realized an a neighboring property and expect the same can be accomplished on their own. While a rezoning does not necessarily establish a legal precedence, it does set up an example where, in this instance, a radical shift in type and intensity of uses that are entirely outside the scope of the previous zone suddenly becomes reality. Why would a neighboring property owner choose to retain his ar her land in its capacity as a Laundromat or hardware store if the owner knows that it is plausible to apply for a zone change which could result in an exponential rise in property value? (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Staff response: The Purpose Statement of the HDMF Zone District is stated as follows: The high density multiple_family district is intended to provide sifes for multiple-family dwellings at densities to a maximum of Twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreati©n facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the districf by establr'shing appropriate site development standards. Certain nonresidenfial uses are permitfed as conditional uses, which relate to the nature of Vail as a winfer and summer recreation and vacation community and, where permr`tted, are intended to blend harmonr'ously with the residential character of fhe district. The purpose statement of the HDMF zone district clearly contemplates residential dwellings, hotelllodges, and recreational facilities oriented toward the visitor all blending together in a harmonious pattern, Under the applicant°s proposal', the envisioned, harmonious pattern and context of development is not possible because of the predominantly Community Commercial land uses already located in the immediate vicinity. Hardware stares, liquor stores, dry cleaners and supermarkets do not blend harmoniously with resort accommodations and condominiums. It is staff's belief that the proposed zone district amendment is ill conceived as it is not consisten# with the purpose statement of the proposed zone district. (7') The extent to which the zone district amendment demonstrates haw conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and 15 Staff response: Conditions have not changed substantially since the zoning designation of the subject property was established, as can be discerned from the uses that surround the West Vail Lodge in the CC3 zone district. Every other use present in the CC3 zone district beside the subject property is in conformance with the comprehensive land use plan and the standards of CC3. The zoning designation of the site in question is still more than just appropriate and remains vital, especially considering the size of the combined area of the West Vail Lodge Properties. The fact that a preexisting, nonconforming land use and structure remain on the site does not grant an inherent justification for the nonconfarrnities to continue and develop further. The zoning designation for the site is crucial to the Town of Vail's present and future sales tax revenues, and the site should be redeveloped to meet the standards of the CC3 zone district, rather ~ than rezoned to better suit the needs of the developer and to fit the parameters of the preexisting nonconformities. (8) Such ©ther factors and criteria as the commission and/or council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Town Council of an amendment to the Offcial Town of Vail Zoning Map, pursuant to Chapter 3, Tithe 12, Zoning Regulations, Vail Town Code, to rezone the Wes# Vail Lodge Properties, as described above. Staff's recommendation of denial is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: {1) That the amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and not compatible with the development objectives of the Town; and {2j That the amendment is not compatible with and suitable to adjacent uses and not appropriate for the surrounding areas; and {3} That the amendment does nat promote the health, safety, morals, and general welfare of the fawn and does not promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to forward a recommendation of approvaE to the Town Council, the following findings must be made: {1}That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; and (2} That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 1G (3) That the amendment promotes the heath, safety, morals, and generaP welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. X. ATTACHMENTS A. Vicinity Map B. Site & Floar Plans C. Adjacent Property OwnerslRublic Notice D. Applicant's Proposal E. honing Map (excerpt) F. 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I r• 4 U ti ~¢B G ~~p yy a _sgzs7 ~ Srr. ~S~ ~ ~"~~$ - ~ .~~,~ ,Et ~~ i,}E, .g ~_ - s +q ~,~3i~ i` ~~D'C P 65[ ,~& j$°a9yF %y66{~•j ••°R~5i~ ~0~ 5 `y~~s .,.zt 44Fti c L { t g l 1 C] V ff// L V O/-~ ~~ ''o'^^ VJ (~ Q) o _ a C~ c N ~ ~~ 3 °' ~~ ~ ~ ._ ~a U~ _ W ~~ .~ ~~ ~' s ,,, ,~-;I a N{ ~Y ~ ~ `LLti 'JI t~,l ;~ ~ ~ ~ ~ ~~ a ate'. [ i ~~__" I~\. ~ a e ~ $ ~~ ~ - ~-~~°~ ~~ w_ ._ue .- _. ~~ r , ~1 d ~ I I c~5z ~ ~ P~~_ i~ 9 E Attachment: C Property McDonalds 2172 N. Frontage Rd. 210311415()10 rest Vail Ma11 2171 N. Frontage Rd. 2][]331415012 First BaI>k 2271 N. Frontage Rd. 210311415020 Town of Vail 210311415018 Lot 8, BIock A, Vail Das Schone Filil~g 1 2309 Chamonix Lane 2.10311401030 Lot 7, 2239 Chalnanix Lane 210;311401007 Lat 6 2289 Chamonix Rd 21031.1408001 210311408002 210311408003 210311408004 ~S11I111,°bht NOrth) Lot 5 2269 Chamonix Rd. 21031 l 4070() l 210311407002 210311407003 21031 140'1004 Mailing Address MCDONALDSCORP P4 BOX 1329 GLENWOOD SPRINGS, CO 8 i 602-132.9 1~EST VA1L MALL CORP 233 MILWAUKEE DENVER, CO 80206 F1RST BANK OF VAIL C1O FIRSTBANK HOLDING CO PO BOX ].50097 LA KE W OOD, CO 80215 TQVG'N OF VAIL 75 S FROi`ti°TAGE RD VAIL, CO 81657 AUGUST, CAREY" Z. & BREI t A. -JT 399 FULLERTON PARKWAY CHICAGO, 1L 60614 VINEFERA INC P{7 BOX 3813 'G'AIL, CO 81658-3813 GARBS, DWIGHT S. & JULIE L. ~' 220 [AMINO DE LAS COLINAS REDONDO BEACH, CA 90277 BROWN, ASHLEY C. ~. ELIZABETH M. COONEY 2259 CHAMONIX LN 2 VAIL, CO 81657 GARBS, 1~VARREN M., LAURA A. & CHRISTC}PIIER S, 2289 CHAMONIX LN UNIT 3 WAIL, CO 81657 GOLDEN, DAVID S. Cf0 GAIL MARGOLiES REID CPA PC 4555 MANSELL RD STE 120 ALPHARETTA. GA 3[1022-8278 MOPPET, GREGORY .I. & CHRISTINE P. 2958 S FRONTAGE RD B ! 5 VAIL, CO 51657 SANDERS, JACKS. • • ~ i Lot 4 2249 Chamonix Rd. 2 103 1 1406()01 210311406002 z1n3114o6oa3 21031-1406004 Lot 2, Tall Pines 2239 Chamonix Rd. 2 1 03 1 1425fI05 21031L425006 2199 Chamonix Rd. 21031.1404001--32 730 HOBBS RD JEFFERSON CITY, MO 65 l()9 HULDSTOCK, STEVE & ALEXANDRA -JT PO BOX 1542 WAIL, CO 816513 TOBEY, G1NA IG30 OLDEN ST DENVER, CO 8021 S CHAMONIX LAND PARTNERS 2249 CHAMONIX LN `AIL, CO 81657 CHARLES H. STONC FAMILY LP PO BOX 1392 VAIL, CO 81658 KURTL, JERRY 2249 CHAilJONIX 3 VAIL, COS 1657 VAIL GEAR CORP INC A'I'TN STEVL MELZER 641 LIONSHEAD MALL VAIL, CO 81.657 ROLLAND. ROBERT D. & JOD1 T. -JT 6140 S POTOMAC W.hY ENGLEWOOD, CO 80111-6633 STANDAGE, KATHY -OLDHAM, MIC[--IAEL L. 16131 W ELLSWORTH AVE GOLDEI`v. CO 80401 PINE RIDGE TOWNI-IOUSE HOMEOWNERS ASSOC. PO BOX 2135 VAIL, CO 81658 THIS ITEM MAY AFFECT YOUR PRQPERTY PUBLIC NOTICE N4T1CE IS HEREBY GIVEN that the Planning and Environmental Gommissian of the Town of Vail will hold a public hearing in accordance with Section 12-3-~i of the Municipal Gode of the Town of Vail on January 12, 2004, at 2:DQ P.M. in the Tawn. of Vail Municipal Building. In consideration of: A request for a recommendation to the Vail Town Council of a proposed text amendment to the Zoning Regulations, Title 12, pursuant to Section 12-3-7, Vail Town Code, to allow for revisions to the development standards prescribed in Chapter 12-7A, Public Accommodation (PA) District, Vail Tawn Cade and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: George Rather A request for final review of a conditional use permit, pursuant to Chapter 1~6-12, Vail Town Code, to allow for changes to the previously approved conditions of approval for the redevelopment of the Vail Mountain School, located at 3224 Katsos Ranch Roadl Lots 1 and 2 Vail Mountain Schoof Filing. Applicant: Braun Associates, Inc. Planner: Elisaiaeth Eckel A request for final review of a variance from Section 12-14-17, setback from watercourse, Vail Town Code, to allow far improvements within the setback from Gore Creek, located at X80 West Lions Head PlacelLot 3, Block 1, Vail Lionshead 3`d Filing, and setting for details in regard there to. Applicant: Antlers Condominium Association Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a prayosed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Town Code, to the Tawn of Vail C?fficial Zoning Map, to the zoning of the West Vail Lodge Properties, from Commercial Core 111 {CC3} to High Density Multiple Family {HOME), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Road/lnn at West Vail Lot 1 Block A, Vail Das Schane Filing 1, and setting forth details in regard thereto. }~- Applicant: Vanquish Vail, LLG Planner: Matt Gennett A request far a condi#ianal use permit, pursuant to Section 12-7H-5, Conditional Uses, Generally (on all levels of a building or outside a building), Vail Tawn Cade, and a request for a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations ar Modifications, Vail Town Code, to allow far the construction of new single-family and two-family residential dwelling units, located at 73Q, 724, and 714 West Lianshead CirclelTracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot) • • Applicant: Vail Resorts Development Company, represented by Braun and Associates Attachm~>af. p Allison i)chs Ptaoning Consullin~~ S4rvices November 16, 2C?(l3 Department of Community Development Town of Vail 75 S. Frontage Rd. Vail, CO 81657 RE: Rezoning Izequest for the West Vail Ledge Dear Planning Staff: I am making this application on behalf of the current owne~•s, Vanquish Vail, LLC, of the West Vail Lodge. We are proposing to rezone the West ~1~~1 Lodge Properties, which includes 2298,.. 2288, 2278, Chamonix and 22I 1 N. Frontage` Rd. /Inn at West Vail, Lot 1, Block A, Vail Das SclZOne Filing 3 and Lots 1, 2, 3, and Tract C, Vail Das Schane Filing 1. We are currently proposing, a rezoning from Commercial Core III to High Density Multiple Family. While Public Accommodation may also be an appropriate zone district far the site, Nigh Density Multiple Family more closely aligns with the long term goals of the property owners. As you are aware, the current zoning designation of Commercial Core III presents obstacles to redeveloping the property because of its non-conforming status with regards to the property's current use as a hotel. While we are proposing a rezoning, we would be open to other options that would allow for redevelopment of the site, while maintaining its current primary use as a hotel. Options that we have identified include a rezoning to the High Density Multiple Family zone district, the Public Accommodation zone district, text amendments to_the Commercial Core 111 zone district, text amendments to other zone districts, and/or the application of a Special Development District. We are also looking for direction about whether amendments are necessary to the Vail Land 1_Jse Plan, or• to other relevant code sections, including the definition of "lodge." We are looking for the guidance of the Community Developr~t~ent Department and the Planning and Environmer7tal Commission to help in the redevelopment of an important property in the Town of Vail. We believe that the West Vail Lodge promotes the Town's ability to offer awide-variety of lodging, choices to its guests. However, the property also needs to be improved and upgraded to meet the desires of ccrosumers. The necessary improvements and upnrades cannot be made without the. guidance of the Town of Vail. Sincerely, Alison C. Ochs, AiCP 1 111 GI()3 Retuning Reyucst 1'~r the Wcsl Vuil Lod~c AI[isnn oclts Manning Ccsnsnlting Scn ices A. A description of the proposed changes in district boundaries The proposed request is a rezoning of the fallowing West Vai] Lodge properties; 2298, 2285, and 2278 Chamonix and 221 11x1. Frontage 1zd., Inn at West. Vail, Lot 1, 131ack A, Vail Das Scliane Filing 3, and Lots 1, 2, 3, and Tract C, Vail I~as Schone Filing 1. All of the properties are currently zoned Commercial Core 1.11.. The proposed change in district boundaries includes a rezoning from Commercial Core 111 CC3) to High 17ensity Multiple Family (HOME}, The West Vail Lodge property, constructed iIi 1979 under Eagle County jurisdiction, includes 83 accommodation. units (hotel rooms), 19 dwelling units and significant comnjercial floor area. In the 1980's, the Town of Vail annexed the property and appl'led CC3 zolting. Thrs zoning deslgnatloll does oat allow dwelling units or accommodation units as a use and the property has been rendered non-conforming ever since its annexation into the town.. Under the applicable CC3 zoning, the fallowing non-conformities currently exist ^ Use (residential dwelling units} ^ Use (accommodation units} ^ Density (units/acre} ^ Landscaping ^ P~lrking located within required setbacks ^ Height The proposed rezc7ni17g woilld allow for the property to come into conformance with the use and density regulations of the 1-CDMF zone district. Unfortunately, the Town does not currently have a zone district that would render the property completely conforming to the development regulations. as outlined by the Zoning Regulations. .However, the current zoning designation does not allow any square footage to be added to the. existing hotel rooms, and the owner would like to be allowed to improve the property through millar additions in square footage to the hotel roams. B. Haw the prc~pnsed change in district baundar~es i~ rnnsisten_t with the adopted mails. obiectives and p~lr,.iet ~>_ltline;cl in the Vail Comprehensive Plan and comp ltibl~; with rhg Tawn of Vail's tlr?veiopm~nt objectives, The following goals, objectives, and policies as identified in the Vail Land Use Plan are applicable and consistent with tl~e praposed rezoning. 1. General GrvwtltlDevelaprnent 1.1 Vail should coratin.cae to grow irl. u r~ontrolled elavironrraent, rrtair2tainin~ a l~alarace l7etween residE:ratial, cornnaercial and recreational uses to serve hotly the visitor ar'~.d file perrnun.ent residera£. ! Inctn~3 Rezoning Rcynesl for 4hc West 1~'ail Lorl~e Allisozr Dcl~s Planning C'nnsulriiag Services 1.3 The quality of development should be +naintuned and upgraded whenever possible. 1.12 Vuil should accommodate most of the additional growth in existing developed areas (infill area.sJ. Z. SkierlTaurist Coneerna• 2J The community should emphasize its role as a desti+xation resort while accommodating day visitors. 2.2 The ski area nwraer, the business community, and the Town. leaders slanuld weirk clnsely together to make existing facilities artd the Town function more efficiently. 3. Commercial 3.1 The hotel bed Base should be preserved and used more efficiently. 3.3 Hotels are important to the continued success of the Tvwn of Vail, therefore conversion to rondominiurns should be discouraged. 3.4 Com+nerciul growth should be concentrated in existing commercial urea,s to accommodate laoth It+cal and visitor needs. .S. Resiclentiad S.1 Additional residential ~Jrow+Tth should continue to occur primarily in existing, platted areas a+xd as appropriate in new areas where high hazards do not exist. S.2 ~ualin~ time slxare units slxould be ucco+nmoduted to help keep occupancy rate's trp. The Vail Land Use Plan designates Lets 1, 2, and 3, Vail Das Scht~ne Filing 1, as Medium Density Residential, which is described as 1'oIlaws: Medium Density Residential The rrtedium density residential category includes housing which would typr'cully be designed as attached units with conernon walls. Dertsities in tlzi.s category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this categor}~ would in,~lude private recreation facilities, private parking facilities un.d institutiortallpublic uses such as parks, open space, churches, and fire stations- The Vail Land Use Plan designates Lot 1, Block A, Vail Dos Sehone Filing 3 and Tract C, Vail Das Sehone Filing I, as Community Commercial, which. is described as fallcws; Community Cornrnercial 'I'bis urea is de.sigrted tc+ rrteet consumer demands ,from con2rrtunity residents. f'rirnary uses would include supermurket.s, dry cleaning establishments, I~ardware stores, service stations, financial institutions 2 1111 GlU3 Reioning Kequcsi !hr the West Vail Lndgc Allison ()ch5 I'lannina Cnnsultin~ 5erviccs ana' ~rzedicccl (affire.s. The design of these facilities would 6e oriented toward vehicular access and parkin~l. The purpose of the HDMF zone district is stated as follows: I2-6H-I ; PURPOSE. The high densit~> multiple family dis°trict is intended to provide sites far rt2ultiple-famil}~ dwellings at densities to a maximum of twenty jive {25) dwelling units per errs, together with such public and semipublic facilities and ledges, private recreation. facilities and related visitor vrierated uses as may upprnpriatel_y be located in the surne district. The high density ~nultiplc-family district is intended tv ensure adequate light, air, open space, and ntlzc'r amenities commensurate with. high density apartment, condominium and lodge uses, and to maintain the des°iruble residential uncl resort qualities of the district by establi~°hing upproprictte site development standards. Certain nonresidential uses are permitted as conditional uses, which relate tea the nature of Vail as a winter and suatarraer recreation and vocation community and, where permitted, are intended to 6lertd harmoniously with the residential character of the distrr.'ct. C D The proposed rezoning results in a property in greater compliance with the zone district it is proposed to be designated as, and is in compliance with the purpose statement of the proposed zone district. Hc~w t}~p nr(7.,poSet c~ara~p in (jic~trict hnl_rndaries is compatible with and suitable to adjacent uses and aooroprate for the area, The combination of lodge and commercial uses is suitable to the vehicrrlar- oriented nature ©f adjacent uses ar~d residential uses. While adjacent properties are zoned CC3, there are higher density properties to the north of the site. In addition, this site is unique in the fact that there is an existing lodge on the site, a use not allowed by the CC3 zone district. As a result, improverrrents to the site have been limited. By allowing this site to come into conformance with the allowable uses of the proposed zone district, improvements can be made to the property tlrat will make the property more compatible and suitable for the area. How the ,w, ro»osed change in district boundaries i5 i.n the best intere.~t of the Public health. safety. and welfare. Because the property is currently non-conforming with regards to use, few, if any, improvements have been completed in the past. ~s a result, the building is also non-conforming with regards to many life safety issues as provided by the Uniform Building Code. .A rezoning of the property will allow the applicant to improve the property, creating a safer building. 3 l l ! I (rlQ3 Itcznnine Rcyuesk Tur khe Wesi Vail l doe Development Standards: Lat Area: ~iuildable Lcat Area: Density: Allowed (CC3}: Allowed (HDMF): Existing: GRFA: Allowed (CC3): Allowed {HDMF}: Existing; Comi~~ercial Flc~nr Area: Allowed {CC3): Allowed {HDMF): Existing: Settaacks; Required (CC3}: Allokved (HDMF}; Existing: 1.~ • Site Coverage: Allowed (CC3): Allowved (HDMF): Existing: Parking,: Required {CC3): Allowed (HDI1~1F): Existing: i .andscaaing: Required (CC3): All~-ved (HDMF}: Existing: Allisan bchs Pianninc Cunsuhin~; Services 3,5 acres or 172,062 sq. ft. 3,$90 acres or 169,448 sq. ft. 46 d.u.'s 98 d.u.'s 19 d.u.'s and 83 a.u.'s = 60.5 equiv. d.u.'s 50,$34 sq. ft. 101. ,669 sq. ft. 43,532 sq. ft. 1Vo limit 1.0,323 sq. ft. 17,252 sq. ft~ 20' on all sides 20' on all sides 20' on all sides 40% or 6$,$07 sq. ft. 55°/ra car 94,634 sq. ft. 20.1 % or 34,576 sq. ft. 184 spaces 184 spaces 19l spaces 25% of site area or 4$,345 sq. ft. 30~'l0 of site area or 51,61$ sq. ft. 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N ~~ S; ~ T ~~' ^' ~. 7t.~ t 0 iV c~ t~! c~ ~ ~ ~ ~ ~_ A~ ~ W a ^ O ~ O ~ C N ~ ~ [.,L1 ~, ~ T3 {~ s. CL `~s 4 / fir. 11 ` w ~ ~ C`J ~f1`Jl7 J~,rI~~ If ~~ ~r \4~ N ~Q~~l- -~ ~ ~T M '~. .: ~ ~ ~ ',~ ~_ ~ Op f SV m m ,N n ro s M~MaRANOUnn TO: Planning and Environmental Gornmission FROM: Community Development Department DATE: February 23, 2004 SUBJECT: A request far a final review of a conditional use permit, pursuant to Section 12-9C-3, Vail Town Code, to allow for a public indoor community facility, located at 551 N. Frontage Road West/Vail Potato Patch, Red Sandstone Elementary School, and se#ting forth details in regard thereto. Applicant: The Tawn of Vail, represented by Lynn Fritzlen Planner: Matt Gannett SUMMARY The applicant, the Town of Vail, represented by Lynn Frit~len, of Fritzlen Pierce Architects, is requesting a conditional use permit to allow for a public indoor community facility located at 551 N. Frontage Road West/Vail Potato Patch, Red Sandstone Elementary School. Based upon staff's review of the criteria and findings in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves with conditions the requested conditional use permit, subject to the criteria and findings in Section VIII of this memorandum. Staff believes that a public indoor community facility on this would be a benefiit to the community and is compatible with existing elementary school on site, provided that scheduling is managed properly. II. 13ESCRIPTIaN aF REQUEST Pursuant to Section 12-9G-3, Vail Town Gode, the applicant, the Town of Vail, represented by Lynn Fritzlen, is requesting a conditional use permit to allow for an indoor community facility, The proposal involves new construction of an 8,978 square foot gymnastic facility adjacent to the existing Fled Sandstone Elementary School, located at 561 N. Frontage Road 1NestNail Potato Patch {Attachment A), A copy of the applicant's request and the associated architectural drawings are attached for reference {Attachments B & C). The new facility is intended to replace the existing, antiquated facility presently located in the Town of Avon which is no longer of practical service to the needs of Vail's community. IIL BACKGRaUND On October 13, 1986, a Conditional Use Permit was approved to allow recrea#ion facilities and programs, as well as storage, to exist at the °Old Town Shops", located on a portion of Tract C, Vail Village 2nd Filing. The granting of this Conditional Use Permit allowed for the relocation of the Vail Gymnastics Program from the Red Sandstone Elementary School Gymnasium to the "41d Town Shops", occupying a total of 3,2~a square feet and utilizing a required 34 parking spaces, ©n August 20, 2003, a proposal to demolish the "C71d Town Shops" was approved by the Design Review Board, thereby necessitating the need for a new facility for the gymnastics program. 4n January 7, 2004, the Design Review Board (DRB) conducted a conceptual review of the proposed Gymnastics facility and responded favorably to its design, stating that it blends well with the architecture of the existing Red 5andstane Elementary School and the site itself. The DRB did not raise any issues of concern with the design of the proposed facility. 1V. R©LES OF REVIEWING BODIES Plannino and Environmentai Commission: Action: The Planning and Environmental Commission is responsible for final appravallapproval with canditiansldenial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and buklt of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed Use. fi. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, ar overturn the board's decision. Staff: The staff is responsible far 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. 2 • Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect tv the required criteria and findings, and a recommendation vn approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DC7CUNiENTS Town of Vail Zvnina Reaulatians (Title 12. Vail Town Cade) 12-9C: GENERAL USE {GU) ZUNE DISTRICT {in part) The general use district is r"mended to provide sites for public and quasi-public uses which, because oftheirspecial characteristics, cannotbe appropriatelyregulated by the development standards prescribed for other zoning districts, and far which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section ~ 2- 9~2 of this title and to provide far the public welfare. The general use district Is intended to ensure that public buildings and grounds and certain types of quasi- public uses permitted in the district are appropriately located and designed to meet the needs ofresidents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequafe light, air, open spaces, and other amenities appropriate to the permitted types of uses. 72-9C-2: PFRMITTEt7 USES; The following uses shall be permitted in the GU district: Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 72-9C-3: CC)NDITIpNAL USES: A. Generally: The following conditi©nal uses shall be permitted in the GU district, subject fa issuance of a condifianal use permit in accordance with the provisions of Cha~ater 76 of this title; {in part) Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools and educational institutions. PubNc and quasi-public indoor community facility. Public utilities installations including transmission lines and appurtenant equipment. Seasonal structures ar uses to accommodate educational, recreational or cultural activities. 3 • 12-9C-5: DE'JELflPMENT STANDA,4DS: A. Prescribed By Planning And Envr`ronmenfal Commission: In the general use district, development standards in each of the following categories shall be as prescribed by fhe planning and environmental commission: ?'. Lot area and site dimensions. 2. Setbacks. ~. Building height. 4. Density control. 5. Site coverage. &. Landscaping and site development. 7. Parking and Loading. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditions! use permit applicafion. Site specific development standards shall then be determined by the planning and environmental commission during the review of the condifional use request in accordance with the provisions of Cha,cter 16 of this title, 12-~6; C©~DITI©NAL USE PEf~MITS 12-1fi-1: PURPCISE,• LIMITATIONS: !n order fo provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they maybe located property with respect to the purposes of this title and with respecf to theireffects on surrounding properties. The review process prescribed in this chapfer is intended to assure campafibilr'ty and harmonious development between conditional uses and surrounding properties and the town of Large. Uses listed as conditional uses in the various districts may be permitted subject fo such conditions and limitations as the town may prescribe to ensure fhat the location and operation of fhe conditional uses will be in accordance with development objecfives of the fawn and will not be detrimental fo other uses or properties. Where conditions cannot be devised fo achieve these objectives, applications forconditional use permifs shat! be denied. 12-16-8: PERMIT APPROVAL AND EFFECT Approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. 4 111. SITE ANALYSIS Zoning: General Use (Gl7) Land Use Plan Designs#ion: Public / Serni-Public Use Current Land Use; Pubiic Elementary School Development Standard Allowed/Required Existing Proposed Lot Area: TBD by PEC 188,771 sq ft no change Setbacks: Building Front: TBD by PEC 14fl' no change Building Sides: TBD by PEG ~i0'l170' (w/e} 38' feast} Building Rear: TBD by PEG 15' no change Building Height: TBD by PEC 2fi' 28.5' Density: TBD by PEC NIA N!A Floor Area: TBD by PEC 28,326 sq ft 37,Q04 sq ft Site Coverage: TBD by PEC 30,874 sq ft 35,95Q sq ft Landscape Area: TBD by PEC 88,612 sq ft 81,809 sq ft Parking: TBD by PEC 38 spaces 57 spaces "`All Development Standards shall be permitted as indicated on the approved development plan dated February 23, 2004 . VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Upen Space Natural Area Preservation South: CDOT R.D.W. Not Designated East: Medium Density Residential High Density Multi-Family R esidential West: Open Space Outdoor Recreation VIII. CRITERIA ANSI FINDINGS The review criteria for a request of a conditions[ use permit in the General Use (GU} Zone District are in the provisions of Chapter 12-16 (Ganditional Uses}, Vail Town Code. Consideration of Factors Reaardina the Conditional Use Permit; 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of a public indoor community facility is in concert with 5 the Town's general development objectives and mare specifically those objectives of the Land Use Pian. The nature at the proposed public indoor community facility is harmonious with that of the Red Sandstone Elementary School and the relationship between the two is expected to be symbiotic. The site itself was selected not only because of the existing school, but also due to its central location in the Town of Vail and it being one of the last available pieces of public property. The development objectives of the town are further met with the intent of this proposal, which. is to ultimately serve the children and parents of this community. 2. The effect of the use ors light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this proposal, as designed, will have a negligible effect on the light and air for the existing Red Sandstone Elementary School given the low roof height {28,5' at its maximum} of the proposed new facility and its general design. Additionally, given the general topography of the site and the placement of the new structure, there is likely to be no impact at all. The new public indoor carnmunity facility is intended to serve 70 children per day during a 10 hour period, per day, which is the current average at the existing facility. 3. Effect upord traffic with particular reference to congestion, automotive ~ i and pedestrian safety and convenience, traffic flaw and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this proposal, as designed, will have no effect upon the pedestrian safety, convenience, and access of the pedestrian easement and the bike path parallel to the North 1=rontage Road. The applicant's representative has been working closely with the Tawn of Vail's Public Works Department to ascertain that all the correct dimensions for maneuverability and parking are being met. The Town of Vail's Public Works Department has been working closely with CDOT to ensure that the traffic and access codes are likewise being adhered to and any mitigation measures necessary are taken. Attached, please find the applicant's representative's responses to the comments of the Public Works Departmenf (Attachment E}. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surraundirsg uses. Staff believes that the proposed new facility will blend in seamlessly with the character of the area in which the structure is proposed. The existing Red Sandstone Elementary School is built into the hillside in the same manner as the proposed facility is to be constructed, and the proposed materials and colors will compliment the charactersstics of the adjacent school, The height and size of the proposed new structure are dictated by the dimensional requirements for the operation of a gymnastics facility, and the capacity needs of the applicant. Comparatively, given the rather large scale of the existing school presently 6 situated on the subject property, the bulk and mass of the proposed structure will be of a much lesser scale and will be set back from the school. The Planning and Enviranment~l ~;nmmissinn shall ma_ ke the following findings before grantino a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the General Use {GU) zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. iX. STAFF RECOMMENDATION The Community Development Department recommends approval with conditions of a conditional use permit, pursuant to Section 12-9C-3, Vail Town Code, to allow for a public indoor community facility, located at 551 N. Frontage Road WestNail Potato Patch, Red Sandstone Elementary School, and setting fiorth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the Conditional Use Permit section of the zoning code and the purposes of the General Use {GU) Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 2. The applicant must submit an application to CDOT for written permission to park cars on the North Frontage Road during periods of parking overflow. 3. Hours of operation for the Gymnastics Facility will not interfere with school programs, parking, and activities. 7 X. ATTACHMENTS. A. Vicinity Map B. Applicant's letters of request C. Architectural plans ~. List of adjacent property owners E_ Applicant's letter addressing PW comments • Attachment. A ~ '`~ ~' _ m ~'. z .+- ~. S ~ .4 . r ~ „s ~~ ~ a ~ 'a ~ i;`If ~ t ~.. tom` ~ `` s;~E~. Y ~~ * a .r T ~i l~L i f rt S~ t au Attachrr~~nt: 8 l +i;n rnrrirr!. `~I',, ls'c ltit~~.: ~.1ili~,nr:l-.~~~.,~ .•,~r,E,,~,: FRITZLEN PIERCE ARCHI-~ ~~,,, h,;lttt t'i 41ir ,t- E~caSirr ~t Ai,: ':. -. VAIL, COLORAD© • i~lavember 12, 2003 To: The Town of Vail Town Council From: Lynn Fritzlen Re: Vail Gyrrrrrastics Facility History of Project Development The Vai! Gymnastics program has been one of the Vail Recreation District's most successful ventures. The I~rogram attracts students from Summit County to Edwards and has grown significantly in the past five years. FPA has been working with the Vail Recreation District on the site selection and design of a new gymnastics facility since early 2001. This process was initiated due to the impending and now completed sale of the Taevn of Vail S17aps building, to the Upper Eagle Valley W ater and Sanitation District. The old Town of'Vail Shops housed the Gymnastics program. The Gymnastics program is currently located in Avon in a facility provided by Vail Resorts. CJver the course of the last three years numerous locations have been studied. The conclusion of these studies is that the Gymnastics Center best fits on the Red Sandstone School site and the school district is in support of this decision. In June of this year Chuck Ogilby directed Ff'A to prepare schematic design for a Gymnastics center of approximately 8600 sf aver an enclos€cl parking structure on the Red Sandstone site. Estimates for this facility came in between 2.1 m and 2.4m. In order to bring the construction cost into line with available funding it was decided to eliminate the harking structure and shrink the tateal square footage. In September of this year FPA revised the design and presented the information to the Eagle County School Board. The proposal was received favorably. Subsequently Karen Strakbein of the School District wrote a letter to the Town Council expressing approval and a preliminary commitment of X150,000 to fund the project. Building Program The proposed gymnastics center is a free standing structure with an on-grade entry. The uses ar€ distributed between the levels as follows: Lower Level -The lower level has an entry foyer and small reception desk for VRD to collect fees and assist men~hers of the public with information and forms. Vvtain Level eThe main level has administrative offices, bathraorn/changing rooms and the gymnastics area itself. Option Upper Level -The upper includes a viewing balcony and an exercise room for dance, karate, aerobics or children's tumbling. FRITZLEN :;! \ asl 1.rlr~•, (~rih,• tslr:iri~e t. ` P I E Rr~ E ~ ;~.~l,3:.1~~~ r~,..- ~ . ~~ l ....L...~.<,. , ,.,'~ ,,. ...~. , .. .. .q,i.` 1=RITZLEN PIERCE ARCHITECTS VAIL, COLORADO Traffic Impact and Parking There are 26 existing parking spaces that are striped. Mancy Ricci, principal of Rccl Sandstone School has identified 38 spaces for Reel Sandstone neeels. The Gymnastics Facility requires 12 parking spaces and one drop aff space. The proposed parking plan provides 57 spaces, 7 in excess of what is required. Red Sandstone Staff 28 ' Red Sandstone Visitor 10 Gymnastics Facility 12 Total Required 54 TotaB Proposed 57 The additional traffic impact from the Gymnastics facility on the Reci 5andstane site is anticipated to be negligible. Red Sandstone School peak traffic impact occurs in the manning and the afternoon during student drop aff. Peak impact for the gymnastics facility is anticipated to he offset from these times. Mike Ortiz of the VRD, confirmed that 90% of their classes are sehedulecl from 3:44 to 9:44pm Monday through Thursday. Toddler classes are scheduled in the early morning Pram approximately 8:40 to 14:fl4am. During the morning, toddlers are typically escorted by parents into the gym and slay through the class. Mike has stated that parking needs for toddler parents is 6 to 8. Parking for staff is 4. Parking requirements for after school hours (after 3:40pm) will vary since mast students v,,~ill be dropped off. VRD after school program }narking needs are complimentary to Red Sandstone School needs. Funding The following funding has been discussed to date: $380,400 - UEVWS $15Q,404 - To4vn of Vail $104,004 - Tavr,~n of Vail in kind contributions $24,440 -Vail Resorts $150,000 - !=ogle County School District ~1,43D,[Ifl4 -Total Paroling Anticipated Other sources of funding that have been mentioned include private donations and the Vail Recreation District. FRITZLErV ~" r :,' `,.~~i \„'si,°t ~~~iti-, r.aiErstf,;c s PIERCE ~ .}I+, l_~~,1t?t 3°~~ lrl ~:, .- :loll ` ;'~'' ... i:ll~ r.iii.'ek ~.4 ~ 7i 31 • 1=RITZLEN PIERCE ARCHITECTS VAIL, COLORr1D0 Construction Cast Earlier this year Fritzlen Pierce Architects rec}uested preliminary pricing proposals from three contractors; Viele Construction of Vail, Beck Constructian of Denver and Arco Construction of Missouri. Viele construction recently finished the Donavan Park pavilion, Beck completed the Cancer Center in Edwards and Arco hacE been suggestecJ by Rod Slifer as a reputable prefabricated building supplier who Frail done work in the area, All of their proposals came in very close to each other at about $135 per square foot, Based on that information FPA, at the direction of Chuck Ogilby, reduced the size of the facility to meet the projected funding. Lower Level 333 sf Main Level G,905 sf Total 7,238 sf $977,730 -Total Construction Cost 7050sf @ $135/sf: Optional Upper Level 1540sf $207,9Q0 =Additional Cost 1540sf at $135sf $7,785,030 Total Canstnaction Cost with the optional upper level. Construction Cost Exclusions: Architec.-tural and Engineering Design fcluipment and special Flooring and wall finishes to be provided by VRD Landscaping to be provided by the Town of Vail Earth haul aul-ay to be provided by the Town of Vail Permits and Tap Fees to be provided by UEVWS and the Town of Vail Parking improvements to be provided by Eagle County School District Schedule It is recommended that he construction of the building envelope occur during the summer months when school is not in session in order to minimize conflict with student traffic and parking, A tentative schedule would be: 10/22/03 to 72/41/03: Finalize Design and Funding 12{01/03 to 12/30/03: Town of Vail Al.~provals 01/01/04 to 04/01104: Construction Documentation 04/01 f04 to 05/011(14: Construction Bidding and Negotiation 0S/01/04 to 06/01/04: Pre-Construction Planning OG/01/04 to 09/01/04: Cortstrrrction Exterior Er~velape 09/01/04 to 12/{11%04: Constructian Interior Finishes FRIT2LEM16 '~'~ f~ax!'',.nl l,ul~:°: i?i,r1 r.!!'li;ri~.-,r t. PIERCE I~~ „i .. ..;s-.- I ~ Nlk~:°~i'1.1H~dP~ r?ilf•ci__o i:;,, r FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO CJrwnership !t is assumed at this time that the Tnwr7 of Vail will build the facility and own it An operating agreelrlent with the Vail Recreation District for the use of the facility will be executed upon completion. The school district has requested a joint use agreement to address a number of issues including parking. Action Items for the Town Council • Approve the proposed frlndinS, budget and schedule for the Gyriinastics Facility Construction, • Inform other contributing entities of the project status.. • Allow the Gymnastics facility as proposed to proceed through the planning and design review process. FRI7ZLErdI - ~;.b! \'.,EI'~,il'!:,'. I } r. F,=' PIERCE' ..:i.l:~la.t'Si:,'idEer- E• e ~a~ . I~,.~i lill ~ .1i3n 3':?1~31E~1Ci I}f3i'~r`-i ifV)! • 1c~nrF r-niTien, 19.1 ~\~rlsrt~~~! 1'S'ili+.t~st F. F'it~ra'r•, 1t~ tu!~~r:r F.,1,111' rfr'etil lp;.l. t3u~191~5:• ~1?.F`.~IEt`f • To: Town of Vail Town Council From: Lynn Fritzlen Re: Vail Gymnastics and Multi-Use Facility Informational Update FRITZLEN PIERCE ARCHITECTS VAIt, COLOt2,4D© As rec{r.rested aL our last presentation to the Town Council we have addressed the following and included the information in this packet: 1. Project Budget - I/Ve have prepared a total project budget based on information prepared and gathered since our last presentation. 2. Project Funding - We have prepared a summary of contributions and revenue available from the gymnastics program that would be available for funding construction, building maintenance, building rel~lacemcnt reserve fund and debt service. This analysis indicates that based on a participation of 45{1 students, there would be approximately $57,Oi1~ per year available for rent (debt sc.rvicel. 3. Vail Gymnastics Program Revenue and Operating Expense -David Ward, Director of the Gymnastics Program has prepared a current and projected budget for the program, He has prepared an analysis from 35t) student up to 550 students. 4. Construction Cost - Viele Construction has prepared a detailed construction cost estimate based on information provided to them by Fritzlen Pierce Architects and Red~.vine Engineering. 5. Construction Components - I have included meeting notes that address the type of construction, mechanical equipment and finishes that Viele has included in their budget. PEC Hearing: The project is currently scheduled for a public hearing on this project for Monday February 23, 2U03. We have submitted drawings, complete topographical survey, geotechnical assessment, project description, title report and project narrative. Project Budget: The total project budget of $1,548,727 is greater than hoped but can be funded by contributions committed to date and surplus Gymnastics Revenue (or rent} available to service debt. Total debt would be $519,x0 based on this analysis. Construction Costs: There may be some additional savings in construction cost As more detailed information becomes available campetit.ive 6idcling by subcontractors can be obtained. Lower Parking Shelf and Bike Path Improvements: T17e Tawn of Vail Department of Public Works is managing this project and is in the process of initiating discussion with CD(~T on their rec{uirements as well as preliminary construction cost estimating. At this time we have not included in our project bcrdget an allowance for costs associated with these improvements. Contract Type: In order to schedule the project properly the construction contract type neecJs to be chosen, The Contract could be negotiated with a selected contractor or opened up to Public (3id_ Request for Action: 1. DetenY~ir}e whether the project ti~ill r7~ove forward this year and if so authorize the funding of construction documentation costs of approximately $E~S,Qt}tJ. Detailed prolaosal to follow. 2. Assuming the project moves forward this year, determine the Construction Contract type to be used. 3. Determine if the costs associated with the Lower Parking Shelf hill be included in the Vail Gymnastics Budget. FRITZLEI~E i _#~ F.t:i 1'.tit V~111~.:} f?hr.~-. f,??1=.~;t`ti:` C ? P I E R C E ~ .,rl. 1.~ ~r~_.:.irt, ;~li„- F ~r3ir~t'~1~Itr.yr4ltili~#[~.cr~sir ...,~r~..<<, ,..'.~1t S,IRfA'~'h#l,r o. (F. ii cur? i v~1 i,~l;::d~3! ~. t~!a,"ic f', 'jiC II I~iw'I i•3sflaftN,ii,~w;r l~lt5u1~~5•i~~3Yt'L1~+`i January 7, 20Q4 Red Sandstone Elementary Adjacent Properties Contiguous Properties: Tract C, Vail Potato Patch Suhclivision Solar Vail, Vail Potato Patch Suhdivision Neighboring Properties: Lot 1, Block 2 Vail Pot<ito Patch Lot 3, Block 2, Vail PoL~to Patch Lot 4, Block 3, Wail Polato Patch Lot 5, Block 2, Vail Poteito Patch Lot 7, Block 2, Vai! Potato Patch Lot 10, Block 2, Vail Potato Patch Lot 11, Block 2, Vail Potato Patch Lot 12, Block 2, Vail Potato Patch Sun Vail Condominiums FRITZLEN ;;.' f..;s. 1 sEl 1 ,211'x.". Cti~ p4•,~ ~f~,tl€;~ul l;~• i, ~' PIERCE , ~ -_.! t_:~ ~i..,r,;~; ~ , PI {,;ti° Y' 1 .. ~ .i__.; ,~~3e:_,~'4:~:1:~i, I~iE~~ €~,o nn~ FRITZLEN PIERCE ARCHITECTS 1lAIL, COLORADO • • i ~i } ~~. X M1 ~1 a y ,, Y ~ i ~ ~~ SI A 1 ' ,'t .~,k` f~l `I,"1 ~, ~~~ rj,~ ~, ~~ ~~ I r ,I~ r ~ Y rn I i i 4 I 1` 6 1 5 I Q I 4 I H I Y k I 1 ~ } i O i 5 1 I i ~ 4 I s, 'ti ~, t \ \ \ ~ ~ f ~ ~ \ ~ ~ \ \ \ ~ k lX~~.~~ j ~.~ ~ qN~ 4 ~I ~ J I i ti ,~ti 1 ~4 ~I 5 l 9 l 1 1 1 1 4 1 .~ t }~ -cam \ u \ g l ~ 3 •~'r~0 W .4-~tb .o-,s~ 1 r x --_ {~{~ i* r7 V O o ~~ u n C ~ ¢ Lipi [~} ~ A 'r I~ ~~ ~° x k~ ~~, E III'~~~ 3 0 ~~ ~~ ~~~ ~~ ~ ~~ s ~.~ a 0 0 _ ~,~ _. 4- ~ S'1 I _- O i ~_ 1~ ~' ~ii~ .ti, c Attachment: D C] FRITZLEN P I E R C E t..:FIFE,!t,~:....,tt ,,:a~~'E``' FRITZLEI~1 PIERCE ARCF +i~: EflE, 1111 i-. r°c `I't'i •. :1t-~. I:iEi~.[ 11 I Lam. I J h.aslr rte>I~u;;a. B.ES;ncs~ h~,E_,.:~. VAIL, COLORADO January 12, 2004 Matt Gennett Planner Town of Vail Department of CarrlmLrnity Development 75 S. Frontage Rd. Vail Colorado 81657 Fax:i97Q1 479-457 Re: Red Sandstone Elementary Adjacent Properties Matt, The fallowing are the adjacent properties to the Red Sandstone Elementary School Site; Tract C, Vail Potato Patch Subcliwision Owner: lawn of Vail Solar Vail, Vail Potato Patch Subdivision Owner: Sannenalp 20 Vail Road Vail CO 81657 Interst<zte 70 Owner: State of Colorado Department of Transportation 4201 E. Arkansas Avenue Denver Colorado 80222 I believe this cornplptes our appiicatior-r reyuiren-cents for the Conditional Use Permit for the proposed Vail Gymnastics Facility. Please call wish any c{uestians, Sincerely, Lynn FnVler7 AIA Fritzler~ Pierce Architects Cc: Greg Moffet I '-111';. -i:+i'+i 14f\1,.i-~t?i,9R"I ai1`, I~: c : E'1! Atfiachment: E :`,: F~;``I", "~: "~.I""~-~ FR~TZLE~! PIERCE ARCHfT~ v . 1<., ~ . I I >,, .. .'.+re,r__ VAIL, COLQft.AOO 1 Z/18/04 To: Matt Gennett From: Lynn Frit~len Re: Vail Gymnastics Facility Public Works Comments Plere are our responses to Chad Salli of Public Works comments: 1. Provide a P.E. designed erosion and sediment central plan -A preliminary drainage report has been submitted as part of application. The drainage report identifies a diversion plan and associated improvements. As the project moves forward plans and details will be submitted for review. 2. The Town's parking standards are 9'x19' for 9U degree parking with a 24' drive aisle and 9'x25' for parallel parking. Please adjust the parking Eat layout to comply with these standards. - We met with Chad on Thursday and reviewed a number o{revisions to the site plan to address this issue. We have attached the revised site plan. 3. Currently it is pasted no parking in the turn around area by the school. If parking is to be allowed in this turn around, a fire truck must be able to make the maneuver without interference from parked vehicles. This is passible by shrinking the center island and widening the outside of the turn around at the southeast corner. -See response above. 4. 1Nhere is the snow storage to be located? - Tlaere rs less than a 5°6 increase in fatal paved area with this plan, Snow storage wit! generally be as it has been historically. 5. There may be wetland issues with the proposed location. Please verify and mitigate if necessary. - Creg Barrie brought this issue to our attention. The Dower portion o{the site tubers the proposed bike path improvements are located have existing wetlands. Their removal will have to he mitigated by locating wetlands elsetivhere. The upper portion o{ this site i5 dominated by sage and grid landscaping as stated in the geotechnical report. It is not possible to determine whether there are wetlands in the area of the Gymnastic's Center proposed site disturbance at this time. We propose to retain Montane engineering to provide a wetlands report as soon as snowmelt is aclecluate to reveal existing vegetation. if mitigation is necessary Greg Barrie recluesterl that we work in conjunction with the Bike Path Project to provide required wetlands mitigation. We suggest that this be a condition o{ approval. t have included some photos of the site taken this summer. &. Please submit final drainage plan for approval before building permit set. - Lvil! do, we have discussed this with Peak and they have provided us with a proposal for services. 7. An eastbound left on the frontage road is currently warranted in the A.M. peak period per the C-DOT access Cade. A left is not currently warranted in the P.M. peak but will be warranted with the additional trips created by the gymnastics facility. C-DOT has said they wil! require a left be constructed with this project due to the existing warrant in the A.M. and the trip increase in the P.M. generated by the gymnastics facility and safety issues. - We met with Chad ran Thursday to discuss this item. Chad relayed to us the results of his meeting with C[7Q7" on Friday February 73, 2004. The quick synopsis is that CDOT would like to see a turn lane added but cannot require it based on this application. The position of Public Works is that they will not provide an additional turn lane at this time. Chad and Greg wil! be at the meeting on Monday to elaborate. ~fRITZLEfVI I '., fi; ,.r; f, :. PIERCE , II_i I•~• } t_i~ .. ,. ~.. ~..... ~~~". tit,,... ri'rllll!-,.~... .~fi1 MEI'VRf7RANDUM TO: Planning and Environmental Commission FRONT: Community Development Department DATE: February 23, 2004 SUBJECT: A request for a recommendation to the Vail Town Council that. the Lionshead Public Facilities aerrelopment Plan is consistent with the Vail Comprehensive Plan. The urban renewal area within the Lionshead Public Facilities Development Plan generally includes the Lianshead area in the Town of Vail south of Interstate 70, north of Gore Greek, 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 Planning and Environmental Commission find that the Lionshead Public Facilities Development Plan {Attachment 1) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of Lianshead by remouing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. Staff is recommending that the Planning and Environmental Commission find that the Lionshead Public Facilities Development Plan is consistent with the Vail Gomprehensive Plan. II. dESCRIPTIgN OF THE REQUEST The applicant., the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a recommendation to the Vail Town Council that the Lionshead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. This 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. Ill. BACKGROUND Lionshead Planning Process The Lionshead Redevelopment Master Plan involved significant community involvement between 1997 and its adoption in 1999. This community involvement included meetings with merchants, homeowner associations„ and the genera! public. The plan identifies specific public improvements to improve circulation and safety and also improve the aesthetic quality of Lionshead. In Section 9-8 of the Lionshead Master PPan, the plan states "tax increment financing is one of fhe most effective tools available for redevelopmenf of tionshead." Subsequent meetings with homeowners confirmed that a financing tool which did not raise taxes but 6everaged new incremental growth %n property values to pay for public improvements was desirable. On March 18, 2002, the Vail Tawn 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 2Q(]2, 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 IegaP criteria for the creation of either an urban renewal authority ar 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 a developer is not necessary or desirable. However, it has become apparent that a number of old covenants may impede redevelopment of Lionshead. These covenants 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 20x3 addresses this issue with the following statement "WHEREAS the Vail "own 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 i in Fhe revised resolution states "WHEREAS, the Vail Town Council does not I believe That fhe 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 Wark Tax Increment Financing (TIF) is a tool utilized by municipalities to finance public improvements in identified areas of need, known as redevelopment districts. 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 1$ 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 adapt a plan to use TIF. Once a redevelopment district is established 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, i# the assessed value in a redevelopment district is $1 million on the date of plan adoption, then the mill levy far 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 $1 D 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 benefit the redevelopment district. To create an Urban Renewal Authority district certain conditions ofblight" 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, erasion 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 2Q04, in which 6 of11 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. 1V. ROLES ©F THE REVIEWING BOARDS The Planning and. Environmental Commission is repuired by state statute to make a recommendation to the Vail Town Council on whether the Lionshead Public Facilities Development Plan conforms to the Town of Vail 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. V. APPLICABLE PLANNING DOCUMENTS The following are applicable components of the Lionshead Redevelopment Master Plan which is a component of the Town of Vail Comprehensive Plan. Purpose of Lionshead Master Plan This master plan was initiated by the Town of Vail fo 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 resod. Other resorts are spending millions of doflars fo upgrade their facilities in order fo 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 lime skiing and more time shopping, dining out, and enjoying other off mountain activities. As a result, the demand far quality retail shopping and a greater diversify 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 qualify of its facilities and correct the existing flaws in its primary commercial nodes. Policv Objectives of the Lionshead Redevelor~ment 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 far guests and residents. Lionshead needs an appealing and coherent identify, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Arrtenities We must ser'ze 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 Jncreased Live Beds In order to enhance the vitality and viability of VaA, renewal and redevelopment in Lionshead musf 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, transpartafion systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services musf be upgraded fo support redevelopment and revitalization efforts and to meet fhe service expectations of our guests and residents. Creative Financing for Enhanced Private Profifs and Pu61ic Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capita! 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 an 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 fo 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 connecfion 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 pfan 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 fhe negative impact of vehicles on the pedestrian environment and residential areas. Transit The master plan considers that an efficienf and flexible public transit system serving the entire Lionshead study area, including potential new development in the west end of fhe district, is essenfial 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 facilifies 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. VI. FINDINGICRITERIA F(7R REVIEWING THE. PLAN Based on ~ 31-25-1~7, C.R.S the Planning and Environmental Commission shall determine whether the P3 & J R~:investment Plan is in conformity to the Town of 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 (TIF1 Tax increment financing is one of fhe most effective toots available for redevelopment of Lionshead. TIF allows the community to capture a porfion 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. s The plan directly supports the purpose statement of both 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. Renewaf and Redevelopment Lionshead cart and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent idenfity, a sense of place, a personality, a purpose, and an improved aesthetic character: Vitality and Amenifies We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activr'ties and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and ofher 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 promofe improved occupancy rafes 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 ifs public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expecfations of ocrr guests and residents. Creafive ,Financing for Enhanced Private Profits and Public Revenues Financially creative and frscally realisfic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired privafe and public improvements. VII. STAFF RECOMMENDA`T1~N The Community Development Department recommends that the Planning and Environmental Commission find that the Lionshead Public Facilities Development Plan is consistent with the Town of 1/ail's Comprehensive Plan. Staffs recommendation is based upon the review of the proposal as outlined in Section VI of this memorandum and the testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff recommends that the following findings be made: "That u on review of the ro osed Lionshead Public Facilities ~ + ~ ~ ~ Development Plan, the Planning and Envr'ranmenfal Commission finds that the plan, as proposed, is in conf©rrnify with the Ta~nrn of Vail's E comprehensive pfan as stafed in section U! of this memorandum. The Commission's determination of findings is bused upon review of fhe criteria and the festimony and evidence presented on this appiicafion." Attachments: Attachment 1: Lionshead Public Facilities Development Plan Attachment 2: Lionshead Reinvestment Study Reference Only • Attachment: A r~ L LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN • VA~L REINVESTMENT AiJTHORITY MARCH 2004 r~ h4U1~'~5~954~?.Ul~t~136625 I TABLE ()F C()iVTE.~TS • I. INTRODUCTION ............................................................I ...................................................... 1.1 Pref`ace ............................ ...,...,..,....,.......................................................................... I 1.2 Background ............................................................. I 1.3 Definitions .................. ..............,..............-..,.._.........,..,.........,.....................----•----•-- 2 2. LE GISLATIVE FINDINGS ...............••-----•--.....------------......-.,.................-.......................,...,.. .2 2.1 Qualifying Conditions ..............:..........................•----•-----••----...........,............................... 2 2.2 Projects ........................ ..............,,. ---.. 3 2.3 Planning Approval ..........................................................................~...,..•--•- 2.4 Consultatian ............................................................................................... 3 2.5 Public Hearixag ................................................................................................................ 3 2.6 Boundaries of the Plan Area........---- ......................................,....,................................... 4 2.7 Otlaer Findings ..................•-- ---.....---------------•-----------------.......,............................. 4 3. DESCRIPTION OF PLAN OBJECTIVES .............................................................................5 4. PL AN IMPLEMENTATION ..................................................................................................5 4.1 Redevelopment and Rehabilitation Actions ...............................................,.................... 5 4.2 Property Acq~usition and Land Assemblage ................................................................... 6 4.~ Relocation Assistance and Payments .............................................................................. G 4.4 Public Impravenaents and Facilities ................................................................................ 6 4.5 Redevelopment Agreements ........................................................................................... 6 4.6 Interagency Cooperation ................................................................................................. 7 4.7 Advisory Co><nmittee••--~---•~ ............................................................................................. 7 5. PROJECT FINANCING .......................................................................................................... "7 v.1 Tax Increment Financing .............................................................................,.................. 7 ~.2 Additional Taxing Entities .............................................................................................. $ 5.3 Participating interest in Projects ..................................................................................... 8 ~. MODIFICATIONS TO THIS PLAN ......................................................................................~ Mi1R'~,~9~99.DII~~fib?ES.I ] LIONSHEAD PUBLIC FACILITIES DEVEL(aPMENT' PLAN March 2004 INTR©aUCTION 1.1 Preface This Lionshead Public Facilities Investment Plan ("Plan"} has been prepared by the Va%1 FLeinvestment Authority ("VkA") 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 require~r~ents of ~ 31-25-1fl7, 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 tl~lis Plan shall be performed by VRA. 7.2 Background The Lionshead area is one of four base areas for the Vail Mountain Ski Area. The area was originally developed bona 1972-1474 as the base far the Lionshead gondola. Lodging, condominiums and retail were constructed over a period of years, often without coordinated planning of circulation the traffic and public transportation fac%lities of the area. The Lionshead parking garage was built in 19$1 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 nowv accounts for approximately 45% of the skier access to Vail Mountain. As a result of this rapid development activity, the traffic and transportation network far personal vehicles, pedestrians and delivery vehicles does not work well. There are many ve}aiclelpedestrian conflicts creating unsafe conditions throughout the Lianshead area. In addition, the public infrastructure in the Lianshead area has deteriorated. Extremes of temperature and topography as well as the intense utilization of tl~e 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 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 Flan is the redevelopment of the Lionshead gandola and Sun Bird building sites into ahigh-end betel. 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 Lianshead, the supporting transportation infrastructure needs to be upgraded. Sidewalks and streets need. to be constructed or h1l!It1~9~yy.p I hl X6623.1 reconstructed. A transportation center must be built to accommodate thr, increased usage of the Lianshead area, and improvements to the Frontage Road are needed to serve the increased traffic. This Plan is intended to provide the financial mechanisms necessary to support the renovation and reconstrLEC;tion of the public infrastructure in Lionshead. 2 1.3 llef5nitians Cooperation Agreement: Any agreement between VRA and the Town of Vail or any aiher 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. flan: This Lionsliead Public Facilities Development Plan as it may be modified from tune to tlnle. Plan Area: The area described in Section 2.fa of this 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 respecting the redevelopment or rehabilitation of property within the Plan Area. LEGISLATIVE FINDINGS 2.1 Qualifi~ing 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(2x, 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: Trafhc and circulation patterns are dangerous for both pedestrians and motorists. c) Deterioration of site inZprovements: Public parking areas and concrete retaining galls 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 the certain properties and other -, MliRl~9~99.01143((~2R 1 -- ~'i a r~ • conditions of title impair the redevelopment of key parcels in tlxe Plan Area, In many instances, covenant provisions cozxflict witlx or have been ignored by prior development. e) Environmental cozxtarnination; Runoff from unpaved parking areas and stozrn~vater runoff from paved surfaces contaminate Gore Creek. ~ Inadequate public improvements; Streets and sidewalks on public property are not adequate for the iraf~c and do not provide a safe separation for pedestrians from motor velxicles. Pavement, curb and butter and retaining walls on public property are deteriorating. ©verhead utilities are present and stornxwater nxanagemezxt 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 urelfare of the Tawn of Vail. 2.2 Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakizxbs of the VRA as authorized by the Urban Renewal Law. 2.3 Plannin A royal g Pp A beneral 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 Master Plan which is the Town's official planning document for the guiding the redevelopment of the Lionshead area and is a part of tlxe Vail Comprehensive Plan. This Flan has been submitted to the Planning and Environmental Cozxxznission 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 ?3, 2Q~4, and lxas submitted its written recommendations regardizxb the conformity of this Plan to the Vail Comprehensive Plan and to tlxe Lionshead Master Plan to the Town Council. 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 I]istrict has been advised of this Plan and ]xas been given an opportunity to provide comnxenis, 2.5 Public Hearing The Torn Council of the Town of Vail has held a public. hearing to consider this Plan after public notice thereof in carrzpliance ~v~ith the urban Renewal L.aw in the Y'ail Daily, Nil Ift159549 U 1113{,G2b. I describing the time, date, and purpose of tlae public hearing, identifying the Plan Area and outlining the tieneral scope of the projects being considered for implementation pursuant to this Plan. Notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last knew address at least 3a days before the date of the public hearing. 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 Uther Findinl;s 2.7.1 One or more of the projects will require floe demolition and clearance, subject to other restrictions, of certain public improvements within the Plan Area as provided in this Plan. Such actions may be !accessary 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 floe 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 VR.A 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 hat-~e 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 tl~e power of eminent domain, with the consultation and concurrence of the owner of the fee interest to be condemned, to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopin.ent 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 Flan, a feasible method exists for the relocation of indi~°iduals, families, anal business concenas that may be MG'R'~'9719.01',~3h628 I 4 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 far public uses and purposes far which public money may be upended 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. 2.7.6 V1RA nay, in its discretion, issue bonds, including bonds or other D~}Ilgations, to the extent permitted by law. 3. DESCRIPTIt7N OF PLAN OBJECTIVES This Plan is an important tool to address the problems confronting the Lionshead area. Tl~e Plan helps to further the gaaIs for tl~e 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 bath residents and guests. • Renovate or redevelop the deteriorated andlor 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 strcetscapcs. 4. PLAN IMPLEMENTATI©N In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA sha11 be authorized to undertake the following activities: 4.1 Redevelopment and Rehabilstation Actions Redevelopment and rehabilitation actions within the Plan Area may include such undertakings and activities as are in accordance with this Plan,. tl~e Lionshead Master Plan, and the Urban Renewal I,aw, including without limitation: demolition and removal oI~ public buildings and improverne9its as set forth herein; installation, construction and reconstruction of public improvements as set forth herein; elimination of unl.~ealthful, unsanitary or unsafe conditions; elialaination 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 v~~it]-t landowners, developers, '~4l' IZ'~.Sy 549_ (i I ~,d 1 Cs{;28. I and investors regarding appropriate projects throughout the plan Area which will generate incremental sales and property tax revenues. 4.2 Prt~perty 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 an private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary io eliminate and remove restrictive covenants and other conditions of title which interfere with new private investment with the consultation and concu~~G.aAce of the owner of the fee interest to be condemned. 4.3 lieloeation Assistance and Payments In the event it is necessary to xelocate or displace any business or otl~ter 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 laodwill and last 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 Ympror~ements 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 a~ld traflie 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 Redevela~ment Agreements VRA is authorized to enter into one or mare Redevelopment Agreements with developers} and such other entities a<s are determined by VRA to be necessary or desirable by VRA to carry oui the purl,oses of this Plan. Such Redevelopment Agreements may contain such ten~~s and provisions as shall be deemed necessary ar appropriate by VR~L far the purpose of undertaking the activities contemplated by this Plan or tl~e Urban Renewal Law, and nay 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 othez-v~~ise be authorized by the Urban Renewal Law. MliPtili9i~)).UIW3GG2~i.1 4.fi Interagcn~cy Cooperation VTtA 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 fir 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. 5. PR©JECT FINANCING 5.1 Tax Increment Financing The primary method of financing the projects undertaken in furtherance of this Plan shall be the use of tax increment financing pursuant to Section 31-25-11}7{9), C.R.S., which. is by this reference incorporated herein as if set forth in its entirety. If there is any conflicct 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 5ha11 be divided as follows: a) That portion of property taxes equal to the amount collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of the approval of this Plan shall be paid into the funds of each such public body as are all other takes collected by or for such public body. b) Except as VRA may legally provide otherwise under the Urban Renewal Law, the portion of such property taxes in excess of the amounts described its 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 to the extent necessary for 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 pare, the projects in the Plan Area. c) When such bonds, loans, advances, and indebtedness, if any, including, interest thereon and any preiniuix~s due in cozv~ection therewith, have been paid, but in no event later than 25 years following the adoption of this Plan for the construction of tl3e projects' improvements, any excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between VIZA and Totivn or other taxing. jurisdiction, shall be ~1uR~~~1;99.i1i,axf~,zH,t 7 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 Plan Area shall be 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. a.2 Additional Taxing Entities VRA recognizes that tax increment financing is the primary tool for funding redevelopnctent 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 Nava available certain taxing powers that can generate revenues in addition to those generated by tax increment financing. VRA is comzxzitted 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 a broad range of redevelopment activities. 5,3 Participating Interest iri 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 pr©ject. 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 Lvill be specified in the Redevelopment Agreement at a level and on terms appropriate for each project. fi. M©DlFICATfONS TO THIS PLAN This Plan may be amended or modified pursuant to provision of the Urbazi Renewal Law as provided in ~ 31-25-107, C.R.S. Modifications to this Plan will require appropriate notification in accordance Leith the Urban Renewal Lain, including submission to the Board of County Cozi~n7issioners of Eagle County and Lvritten notice provided to all h1 U ~ 1? y? 99.011'336628.1 property owners, residents, and owners of businesses in the Plan Area not less than 30 days pxior to the consideratzan of an substantial modification. U 6vil1~Re595y9_CiC143&628.1 ~} FTGUFZE 1 MAP Off' PLAN AREA ri sm rw ,A~ prgv~e 2 S~vdp Area Bauncary ^M~ao f~_} ~'-a rt~K~ n F'f- ~i!]' • • • I~•lUl~f15y~9~).~~11436628~] ~~ g ~: L~ 1\ V r~1 I\ ~'' L, l 1 ~ 4 prepared by 1225 17t17 Street, Suite 2pQ Denver, Colorado ~C1202 305.293.808Q At#achment: B Lianshead f;einvestmenf Study Table of Contents 1.0 REINVESTMENT STUDY PURPOSE ................................................................1 2.0 STUDY AREA LOCATiON .................................................................................1 3.4 STUDY AREA DEFINITION ...............................................................................3 4.0 STUDY AREA DESCRIPTION .......................... ...5 5.Q COLORADO URBAN RENEWAL LAW .................. .....11 .................................... 6.0 STUDY METH©DOLOGY ................................................................................13 7.Q DETERMINATION OF CONDITIONS WITHIN THE STUDY AREA .................14 8.0 SUMMARY OF FINDINGS ................................................................... Table of Figures Figure 1: Study Area General Location Map ..............................................................2 Figure 2: Study Area Map ......................... ...4 Figure ~: Existing Land Use Map ........................ ..................,.............................$ Figure 4: Existing Zoning Map ....................................................................................9 Figure 5: Existing Property Ownership Map .............................................................10 February 20ad i • • • Lionsheacf Reinvestment Study 1.U REINVESTMENT STUDY PURPOSE February 2Q04 This document is the completion of a study initiated in August 2g{}(f to determine whether the Lionshead Reinvestment Study Area (the "Study Area"} meets the criteria for tax increment financing within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended for such urban renewal efforts as the Town of Vail may deem appropriate to prevent further deterioration of the Lionshead area.. 2.0 STUDY AREA LOCATION The Town of Vail is located in north central Golorada, approximately 1 g0 miles west of the City and County of Denver. It is situated clang the I-70 corridor approximately 2~ miles west of the Continental Divide. The Base elevation of Vail is 8,120 feet, and the peak elevation is 11,45 feet. The Study Area location is situated towards the western side of the Town of Vail, south of I-70, in an area generally known as the Lianshead area. The exact Study Area boundaries are identified in the next section. See Figure 1, Skudy Area General Location Map. I EAGLE •I £~ ` .'~. ~~ ~~~~,~ _ ~: Pf TKlt1~ / ,,. / ~°'" ~ r ~ ~ ~ Figure 1 f f .Study Area General ~ `~,~r~~o~ ~~,~~ s ~ Location Map j i l>>~'r1~ U- 4;IL~~ I ,r Colorado ~~ ~~ Zia~shead Reinvestment Study 3.0 STIJaY AREA DEFINITION February 20014 The Lionshead Reinvestment Study Area consists of those parcels generally bounded on the north by I-70, on the south by Gore Creek, on the east by the eastern parcel boundaries for Vail International, the Robson Ice Arena, and the Town of `Jail Library, and on the west by the point of convergence of the I-70 and South Frontage Road West rights-of-way. See Figure 2, Study Area 'Map, for the specific boundaries of the Study Area. `~~] 3 n ~icanshead heinvestment Study 4.Q STUDY AREA DESCRIPTION February 2004 Unlike many other Colorado mountain communities which began as a base camp for mineral extraction, the Town of Vail was developed in the early 1960s as a destination winter resort. Its population in 2000 per the U.S. Census Bureau was 4,531 far year-round residents, The town has expanded to khe east, west and north of its original boundaries. The Study Area is located in an area generally known as Lionshead Village and is approximately 73 acres in size, excluding roadway right-of-way. The Vail ski resort is operated by a privake entity, Vail Resorts, Inc. The general opening date of the ski slopes is mid to late November through late April, when enough snow is present to support skiing and other winter outdoor activities. Skiing facilities in Vail include 4,644 skiable acres, 380 snowmaking acres, 174 skiing runs, and 33 lifts including one gondola. The number of skier visits to Vail was approximately 1.5 million for ski season 2©0112002 by Colorado Ski Country USA. Summer and fall off-season activities occurring in and around Vail include hiking, bicycling, camping, golfing, fishing, and horseback riding, along with other outdoor events such as concerts and rodeos. However, visitation during the summer and fall is not significant when compared to numbers far the winter peak season. As a result, some retail establishments are closed during these off-peak seasons. Existing Land Uses A variety of land uses occur within the Study Area_ These land uses include mixed use, lodginglcondominiums, retaillcammercial, service station, community facilities (ice arena and library), open space, parking, and publicJukility. Of these, the dominant land uses within the Study Area are mixed use and lodginglcondominiums. See Figure 3 for the Study Area Existing Land Use Map. Existing Zoning The Study Area is comprised of 8 zoning districts. These districts are labeled as follows: High Density Multiple Family (HOME} -This zone designation permits lodges, including accessory eating, drinking, recreational ar retail establishments located within the principal use and not occupying more than 10% of the total GRFA of the main struckure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch or terrace. The maximum density permitted under this zone is 25 dwelling units per acre of buildable site area. • 1_ionshead Mixed Use 1 (LHMU-1) -This zone designation has three different permitted uses pertaining to floor level. For the basement ar garden level permitted uses include banks, commercial ski storage, eating and drinking establishments, personal services 5 Llor~shead Reinvestment Study February 20D4 • and repair shops, professional offices, lockers and storage, recreation facilities, retail establishments, skier ticketinglschools/services, daycare, travel agencies and any additional uses deemed similar, The first floor or street level permitted uses include banks, eating and drinking establishments, recreation facilities, retail establishments, skier ticketinglschoolsfservices, daycare, travel agencies and other similar uses. Uses permitted on all floors include land uses such as banks, conference facilities, eating and drinking establishments, liquor stores, personal services, professions! offices, radio and TV stores and repair shops, recreation facilities, retail establishments, skier servicing facilities, theaters, time-share units and additional uses determined to be similar. The maximum densiity permitted is up to a 33% increase in the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater. • Lionshead Mixed Use 2 LHMU -2) -This zone allows similar uses to the LHMU-1. For all levels of a building ar outside buildings, the allowed uses are the same as those identified for LHMU-1, but also include vehicle maintenance and warehousing. The density restrictions are the same as those defined for the LHMU-1. • Arterial Business District (ABD) -Permitted uses in this zone include eating and drinking establishments, personal service and repair shops, retailloffice businesses, and other uses determined to be similar to permitted uses, The total density permitted is 25 dwelling units per acre, with a limit of not more than 60% of a buildable site developed. • General Use (GU) -Under this zone designation passive outdoor recreation areas, open • space, pedestrian and bike paths are the permitted uses. Other various public and quasi-public conditional land uses are permitted under this zone designation, Development standards are prescribed by the Planning and Environmental Commission. • Agricultural and Open Space (A) -The permitted use under this zone includes plant and tree nurseries, and raising of field, row and tree crops, public parks, recreation areas, open spaces and single-family residential dwellings- Other various conditional semi- public uses are also permitted. The maximum density permitted is one dwelling unit per 35 acres. • Natural Area Preservation (NAP) -The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthetic ar flood control value, wetlands, riparian areas and areas with significant environmental constraints. Special Development District (SDD) -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 develaprnent with the town; to facilitate the adequa#e and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vaii comprehensive plan. See Figure 4 for the Study Area Existing Zoning Map. L~ttdS Lionshead Reinvestment Study February 2Q04 Property Identification and Clwnership The property ownership in the Study Area is predominantly private, with the majority of parcels awned by either Vail Resorts, Inc., other private property owners, ar in faint awnership by Vail Resorts, Inc. and another private entity. The remaining parcels are owned by the Town of Vail, and consist primarily of the Lionshead Parking Structure, the Dobson lce Arena, the Town of Vail Library, and Open Space parcels along Gore Creek. See Figure 5 far the Study Area Existing Property Ownership Map. Lt~S ,b~,. ~. N ~ "` ~- ~ j}- ~t 1y ~ , 0 di ~~\ ~ ~=` -~ ~ - ~, r ': ~- ~, _ ,~ ~, '_ ~.ta g E 4 A ` 5v V V s ~ a. ~ a ~ ~1 fl ~; ~~ -- J __ -_ ~ ~° _ ~ i _ ¢ a. ¢ Y a II ~~ ~~ V' s~ ~? ~; ,~> u ~' i • CJ ~~ r ~ ~ 1 ~_, r~ ~. t ;" 1 ~-.~.,r. i."~~,. /,. ~~ ' '~_ via v ,~ ~, ~~~ ~ ~ N ; ~` ;. ii ~ ' ' '~ C 07 C t-- L~ * 51 ~ y ~ 4 ~ ..J~. r `a . 1 ~ ----°- ~~ ~~ m 4 ,,' ~,` xi s w i ~. ~ t Ob £ . N ((~''''~~ '~ A J ®9CdI i21~IJ~~ ~: x ~~ ~' '~+ _`-~ '`4` t Y K Vp Y~. F~' J i f1 f i ~ ~4~ ~k+ ~~~~-~, i t(') T Q a~ ~ ' ~, a sz ~ ~-- mo ~ ~?.' ~ ~ ~ .~~ i~ ~ ~ = G Gf--- x~ 1JJ ~ ~ ~ . j ~~ ~~ } q~ L f` r C ik - 4 'n ~ u ~ d r a, 'zy ~cf"o min u _ 4 S _~ n . ~ L C: .F C ~" ~ c EnI ~ ~ f~J J !- o ~~ ..~ ~ ~~ ~ F .~ t~ ,~& '~~ .I Linnshead Reinvestment Study • 5.0 CC?LORADO URBAN RENEWAL LAW February 2(104 A community's built environment-its public assets in the form of streets, sidewalks, utilities and facilities, and its private assets in the form of residences, businesses, and institutions- has afinite Gfespan. The ongoing effects of time, use, growth, changing economies, and the environment require the community to be continually reinvesting in and improving its public and private infrastructure. This is the case in a community Pike Vail, where the Town's original public infrastructure is showing the effects of decades of service. However, before remedial action through the use of tools such as tax increment financing can be taken by a public agency, Colorado Urban Renewal Law requires a finding by the appropriate governing body that a specifc area (such as the Study Area} has sufficient evidence of deterioration, which the Colorado Urban Renewal Law characterizes as `°blight." The determination that an area meets the criteria of the Colorado Urban Renewal Law is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of the study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Blum, deteriorated, or de#eriorating structures; b. Predominance of defective or inadequate street layout; c. 1=aulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanikary or unsafe conditions; e, Deterioration of site or other improvements; f. Unusual topography; g. Defective or unusual conditions of title rendering the title non-marketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. Inadequate public improvements or utilities. Several principles have- been developed by Colorado courts to guide the determination of whether an area meets the criteria under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but afro envisions the prevention of deterioration." ~~ Liorrshead Reinvestment Sfurly February 2CJp4 • Second, the presence of well maintained buildings does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on abuilding-by-building basis. Third, one of the purposes of the Urban Renewal Law is to prevent future decline of an area. Therefore, an area need not evidence widespread dilapidation to qualify as blighted so long as factors which lead to further decline are present. Fourth, an authority's "determination as to whether an area is blighted...is a legislative question and the scope of review by the judiciary is restricted" A court"s role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence and consistent with the statukory definition. URS was retained by the Town of Vail to perform an independent survey of the Study Area in August 2080, but did not complete the study at that time at the request of the Tawn. In November 2002, URS was asked to resurvey and complete this study. In February 2004, a minor adjustment was made to the Study Area boundary to include a parcel owned by the Town. Based upon what is observed in the Study Area, this report makes a recommendation as to whether the Study Area meets the criteria in the Colorado Urban Renewal Law. The actual determination itself remains the responsibility of the Town's legislative body. • • LY~S ' z Lronshead Reinvestment Study FEbruary 2©D4 fi,0 STl9DY METFivDOL©GY An important objective of this Reinvestment Study is to obtain and evaluate data, where possible, on a wide range of physical conditions that are present in the Study Area. Data about the Study Area were collected from various public agencies and supplemented by a careful field survey of the Study Area, This Reinvestment Study included the following tasks: • Task 1: Determination of Project Issues • Task 2: Base Mapping • Task 3: Data Collection and Research • Task 4: Field Survey and Verification • Task 5: Documentation and Findings • Task 6: Presentation of Reinvestment Study Appendix A contains a map showing the location of photographs that were taken of a variety of site conditions and public improvements within the Study Area. Appendix B provides the photographs themselves. LAS 13 Lionshead Reinvesfinenf Study February 2004 • 7.0 DETER7~111NATION QF CQNDITIQNS WITHIN THE STUDY AREA The overall findings of the Town of Vail Reinvestment Study Update are presented in this section. The analysis addresses general building and site conditions, and the condition of public improvements throughout the Study Area to determine whether the area could meet the criteria outlined in the Colorado Urban f~enewal Law. Presence of Deteriorated or Deteriorating Structures and Sites Overall, degrees of site or structural deterioration are identified below: Standard, Sound These buildings or sites contained no or relatively minor defects, were adequately maintained and required no treatment outside of normal ongoing maintenance. Substandard, Minor Qe~iciencies These buildings or sites contained deficiencies which required minoNmajor repairs to secondary structura9 elements such as fascialsoffits, gutterfdownspouts, exterior finishes, windows, doors, stairwells, and fire escapes. Sites with pavement deterioration of 25-75°.fo of the site were considered minor deficiencies. These type of deficiencies might possibly be corrected through normal maintenance, however, replacement or rebuilding or components by skilled people in the building trades is recommended. Substandard Major Deficiencies These buildings or sites contained major defects over a widespread area and would be difficult to correct through normal maintenance. These buildings would require replacemen# or rebuilding of components by people skilled in the building trades. Sites with surface pavement deterioration greater than 75% of the site area were considered major deficiencies. The many structures within Study Area were surveyed for their degree of deterioration based on the three condition categories defined above. Mast structures were found to be in the °Standard, Sound" condition, with a few that could be classified into the "Substandard, Minor Deficiencies" category. Those structures that could be classified into the "Substandard, Minor Qefieiencies" category typically contained superficial exterior deficiencies such as the need far a fresh coat of paint on wood siding, balcony railings, and the like. These minor deficiencies are also typically the result of the often harsh winter conditions found in Vail's mountain setting, which can be, and usually are, remedied through periodic maintenance. As a result of the type and scale of the minor deficiencies identified in the many publicly and privately owned structures in the Study Area, it was determined that those deficiencies were insufficient to qualify as a finding of blight under the "Presence of Deteriorated or Deteriorating Structures and Sites" criterion. L~1i.S is Lionshead Reinvestment Study Faulty Street Layout February 20Q4 Faulty street layout is common in the Study Area. Proper street access is not provided to several parcels. For several parcels located in the Study Area, they cannot be accessed withouk passing through another parcel. In addition, lack of adequate turning lanes from frontage roads to lodgings backs up traffic. Town buses sometimes have difficulty making left turns because of the inadequate street gradients, and the volume of Traffic that competes with buses far breaks in the frontage road traffic. As a result of faulty street layout in Lionshead Village, vehicular traffic heading towards lodgings poses a significant conflict with the forge volume of pedestrian traffic crossing from parking. See Photos 12 and 18 in Appendix B for examples of this condition. Faulty C*ot Layout Faulty lot layout occurs in the Study Area. In one instance, motorists accessing a particular lodge need to pass through another property in order to get to the desired lodge's entry and parking. Another example of faulty lot layout pertains to lot shape. there exists no standard lot size or shape within the Study Area, as can be observed on the attached Study Area Map exhibit. Within the Study Area there are at least three lots that are a shape that renders them inadequate or inaccessible. See Photos 12 and 18 in Appendix B for examples of this condition. n LJ Unsanitary or Unsafe Conditions that Endanger Life or Property Numerous unsafe conditions for pedestrians exist in the Study Area. In some areas the absence of sidewalks and crosswalks causes pedestrians to cross streets anywhere, creating a very dangerous conflict with private vehicles, de]ivery vehicles, and the regional transit buses. Pathways pedestrians use to get to the ski yard are narrow and icy during the winter. Overflow parking an streets during the peak season creates a dangerous conflict between through-vehicle traffic and pedestrians. Pedestrian access to the maE] area is unmarked and the points of entry are sometimes unclear. Safe crossings are made more difficult by winter road conditions and traffic congestion. In addition, pedestrians are often wearing ski boots and carrying skis, which affects pedestrian movement and flow. Vehicular traffic heading towards lodgings poses a significant conflict with the large volume of pedestrian traffic crossing from parking structures towards the mall area. Lack of pedestrian crossings to residential properties. adds to unsafe conditions for pedestrians. Inappropriate drop off sites for skiers at the wesfern end of the parking structure located off of I-7Q, which is not designated far this purpose, create unsafe conditions far pedestrians, as automobiles confront pedestrians crossing from the parking structure. Winter snow makes for icy conditions in addition to limiting space for vehicle passage. Snow cats and snowmobiles must cross the frontage road to access the mountain. As a result, conflicts with traffic on the frontage road occurs. Lack of directional signage to lodgings slows traffic and causes congestion. Same parking lots are sheets of ice in the winter due to poor gradients. See Photos 6, 8, 9, 10, 11, 14 and 17 in Appendix 8 for examples of this condition. - 15 Lionshead Reinvestrneni Study February 2004 Deterioration of Site or Other Improvements The most evident sign of deterioration of public improvements is the erosion of concrete in Lionshead Village due to the freeze/thaw cycle that occurs between winter and spring, in addition, snow cats are rough on roadways and walkways and contribute to deterioration of paved surfaces. Concrete erosion can be found often on stairways. In addition, many streets in Lionshead Village are characterized by deterioration of concrete curbs, gutters and sidewalks. Other farms of deterioration include the poor quality of retaining walls and site furniture in the maBl area. See E'hatos 1, 2, 3, 4, 5, 7 and 13 in Appendix B far examples of this condition.. Defective or Unusual Conditions of Title Rendering the Title Non-marketable Throughout the Study Areas are parcels containing obsolete and restrictive covenants. These covenants impose certain development requirements or restrictions on those parcels that prohibit their redevelopment to a higher or different use. In other cases, these covenants contradict with the existing development. As a result` these titBes became difficult to market, create a barrier in obtaining financing by their owners,. and inhibit the redevelopment of the parcels to the detriment of both the property owners and the Town of Vail. Unusual Topography Unusual topography is present in the Study Area. It has associated safety issues in that the steep terrain in some areas causes icy spots during the winter, which contribute to vehicle andfor pedestrian accidents. Additionally, the steep terrain contributes to the unusual shape of many parcels, khe inefficient arrangement of many streets and driveways, and the orientation and configuration of structures on their parcels. The Existence of Conditions that Endanger Life or Property by Fire and other Causes The example of the "existence of conditions that endanger life or property by fire and other causes" that is most evident in the Study Area is the difficulty of access by fire and emergency vehicles to certain sites and structures. In same locations, ground level retail extensions make the vertical mass of buildings inaccessible to fire protec#ion (fire department ladders cannot reach buildings). In other instances, residential buildings do not provide the 150 foot frontage required far firelemergency access. Other examples of limited emergency access include delivery trucks that park in the fire lanes and the mall's vehicle access routes have many dead ends and fire trucks are not provided with the appropriate amount of space for their turning radii. Additionally, winter snow creates icy roadways in addition to limiting space for adequate fire trucklemergency vehicle passage in same areas. This difficulty of access by fire and emergency vehicles to certain sites and structures is primarily the result of three other factors already discussed: Faulty lot layout, faulty street layout, and unusual topography. The mountainous terrain that exists within the Study Area L,~ttS , 6 Zionshead Reir7vestment Study Fe13,-nary 2pOq creates a situation that results in parcels and streets that are Less than optimally arranged. Since Vail's native mountain terrain is not only at the heart of its existence as a resort community, but a characteristic of the town that will never change, certain difficulties "come with the territory.° As a result, while improving fire and emergency access is a ongoing effort by the Tawn, it was determined that this factor alone is insufficient to qualify as a finding of blight under the "existence of conditians that endanger life ar property by fire and other causes" criterion. Buildings That Are Unsafe or Unhealthy far Persons to Live or Work In Because of Building Code Violations, Dilapidations, Deterioration, Defective Design, Physical Construction, or Faulty or Inadequate Facilities Periodically, building code violations will exist in all communities as a part of the ever- changing nature of the built environment. However, it is reasonable to expect that before a f nding under this criterion can be established, it would be necessary to document a sufficient quantity of violations on one or several properties or an abundance of violations under one or several codes throughout the Study Area. Violations to this degree were not identified within the Study Area; therefore, it was determined that there is insufficient evidence far a finding under this criterion. Environmental Conditions Environmental contamination has occurred within the Study Area. Anecdotal evidence suggests that there may still be a fuel tank leak at one of the service stations within the Study Area, although this issue has been deemed resolved in court. Unpaved parking Pots (gravel) in the Study Area cause soil contamination from cars leaking gasoline, automobile oil, and anti-freeze. Stormwater running off from paved surfaces flows into creeks, sends pollutants into streams and impacts groundwater sources as well- See Photo 15 in Appendix B for an example of this condition. Inadequate Public Irrmprovements or Utilities There are examples of inadequate public improvements found in the Study Area. In the eastern edge of the Study Area underground fuel tanks in some cases are buried only ~ feet under ground due to a high water table. In some cases tanks. have required strapping down to avoid floating. Snow cats tear up roads, concrete sidewalks, curbs and gutters, and create noise and visual pollution. The Vail Sanitation Plant was almost at capacity in 1998 according to the Lionshead Redevelopment Master Plan- Overhead utility lines are present in the Study Area. Stormwater runoff Pram paved surfaces that carries pollutants is discharged into streams and contributes to water quality degradation. Additionally, several streets are lacking in curbs and gutters and sidewalks, See Phatas 16 and 19 in Appendix B for examples of this condition. • ~ ~ Lipnshead Reinvestment study February 2004 8.0 SUMMARY OF FINDINGS The conclusion of this study is based an the following summaries of the eight criteria described in the previous section in which conditions were found in the Study Area that meet the criteria identified in the Colorado Urban Renewal Law: 1. Faulty Street Lavout. Within the Study Area, there is the presence of faulty street layout that does not provide adequate street access for motorists, pedestrians. andlor emergency vehicles. Turning lanes are needed to ensure adequate traffic flow at certain intersections. 2. Faulty Lot Lavout. There is the presence of faulty lot layout in relation to size, adequacy, accessibility and usefulness in the commercial areas of the Study Area. These include: inefficient and unworkable layout of parking and loading areas in relation to commercial and residential structures, which creates poor and dangerous traffic circulation. 3. Unsanitary or Unsafe Condi6ons° Conditions that Endanger Life or Property. There is the presence of unsanitary or unsafe conditions within the Study Area. These primarily consist of unsafe and hazardous conditions for pedestrians and motorists. 4. Deterioration of Site or Improvements. There is the presence of deterioration of site and other improvements within the Study Area. In the commercial areas, this includes the deterioration of parking areas and deterioration of street curb and gutter surfaces. Concrete erosion is a common occurrence in the mall area. 5. Defective or Unusual Conditions of Title Rendering the Title Non-marketable. There are mulkiple occurrences within the Study Area of parcels containing titles with restrictive covenants that. make those titles non-marketable and, consequently, prevent the redevelopment or improvement of those properties. 6. Unusual tooopraohv. There is the presence of conditions of unusual topography in the Study Area. Steep slopes contribute to icy winter conditions. Retaining wall failure is occurring in the Study Area. 7. Environmental Contamination. There is the presence of environmental contamination in the Study Area. These conditions are primarily related to unpaved parking areas, and stormwater runoff from paved surfaces. 8. Inadequate Public improvements. Utilities. There is the presence of inadequate public improvements and utilities in the Study Area, including: deteriorating or non-existent street pavement, curb and gutter, overhead utilities, and inadequate facilities for stormwater runoff. It is the conclusion and recomrr~endation of this study that the Study Area, in its present condition and use, as of February 2(104, meets eight of the criteria in Colorado Revised 18 Lionshead Rerhvestment Study Fekruary 2004 Statute § 31-25-103(2), (exceeding the minimum of four of the eleven factors required). By reason of the presence of these eight factors identified in Section 103(2) of the Urban Renewal Law and discussed above, the Study /area impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic or social liability, and is a threat to the public health, safety, morals, or welfare. These factors indicate problems with public infrastructure and those private site improvements which are accessible to the public rather than deterioration of private structures; however, uncorrected deficiencies idea#ified in this Report could lead to a decline in many of the private structures in the Study Area. • 19 Lianshead f?ernvestment Study 1; . Appendix A: i'ha#o Location Map Fa.bruary 2004 ~ ~ a Q 0 u ~u v a u7 c 0 .~ V Q J Z • *+ a ,~ J b ~ ~ ~ C V h ~+ F4 Ua ~ ~ `M1Y ~ ~„ O ~. ~I Q Lronshead Rer'nvestment Study Fet~ruary 2004 • Appendix B: Photograph Survey ofi Conditions that Meet Golorado Urban Renewal Law Criteria • • O MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE.: February 23, 2404 SUBJECT: A request for a recommendation to the Vail Tawn Council that the P-3&J Reinvestment Plan is consistent with the Vail Comprehensive Plan. The plan area is located at P-3 and j, Block 5-A, Vail Village, Fifth Filing (per its subdivision plat recorded November 12, 1965), and portions of public rights-of-way Cying between or proximately between thane lots P-3 and j, as those portions have been or are in the process of being collectively re- pfatted as Lot P-3, Vail Village Fifth Filing, and may further include certain subterranean areas underneath Hanson Ranch Road. Applicant: Vail Reinvestment Authority Planner: Russell Forrest (. SUMMARY The Vail Reinvestment Authority is requesting that the Planning and Environmental Commission find that the P-3 & j Reinvestment Plan (Attachment 1) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of the approved P-3 & J site by removing or curing covenants that may impede redevelopment. Staff is recommending that the Planning and Environmental Commission find that the P-3 & J Reinvestment Plan is consistent with the Vail Comprehensive Plan. II. DESCRIPTION OF THE REQUEST The applicant, the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a finding to the Vail Town Council that the P-3 & J Reinvestment Plan is consistent with the Vail Comprehensive Plan. This P-3 & J Reinvestment Plan has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Vail Town Council 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 § 31-25-1 d7, 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. BACKGRC)UND The Town of Vail has approved Vail Resorts loc. plans for redevelopment. of P 3 & j located on Hansen Ranch Road and south of the Christiania Lodge. This site is a component of the Vail Resorts `'Front Door" project. The P-3 & J redevelopment site, as approved, will include new parking for adjacent property owners and a public park. As part of the Front Daor Project, the inadequate and unsafe existing loading and delivery area on Hansen Ranch Road will be relocated to a much improved underground loading and delivery facility located south of the Lodge Tower on the Fron# Door site. Certain obsolete restrictive covenants cloud the property title to Lots P-3 & J and prevent financing of the redevelopment proposal. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. IV. V. ROLES OF THE REVIEVIJING BOARDS The Planning and Environmental Commission is required by state statute to make a recommendation to the Vail Town Council on whether the P-3& J Reinvestment Plan conforms to the Town of Vaii Comprehensive Plan. The Town Council is the final decision making authority and will be asked to consider the approval of a resolution to adapt the plan. AI'pLICABLE RLANNWG DOCUMENTS The following are applicable provisions in the Vail Village Master Plan which is a component of the Vail Comprehensive Plan. The stated goals of the Vail Village Master Plan are: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity.. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Tawn. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and far the community as a whole. Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Goal #3 To recognize as a tap priority the enhancement of the walking experience throughout the Village. • • Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 3,2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. Goal #4 Tv preserve existing open space areas and expand green space opportunities. Objective 4.1: improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village, Objective 4.2 Improve and expand the opportunity for active and passive recreational activity throughout the Village. Goal #~ Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Goal #6 To insure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities far existing and new development. Objective 6.2: Provide for the safe and efficient functions. of fire, police and public utilities within the context of an aesthetically pleasing resort setting.. VI. FINDINGfGRITERIA FOR REVIEWING THE PLAN Based on § 31-25-107, C.R.S the Planning and Environmental Commission shall determine whether the P-3 & J Reinvestment Plan is in conformity to the Town's Comprehensive Plan, Section V of this memorandum outlines all the goals and policies relevant to the proposed redevelopment of Lots P-3 and J. The proposed rezoning specifically implements the Vail Village Master Plan Sub-Area Policy 7-1 which states that, "development of this site should ,be restricted to parking and other public purpose uses". According to Section 12-9B-1 of the Zoning Regulations, the purpose of the Parking {P} District is intended to, "to provide sites for private or public unstructured off-street vehicle parking and conditionally to provide for private or public off-streef vehicle parking structures and private or public parks and recreafiona! facilifies. The Parking District is intended to allow such uses while ensuring adequate light, air, privacy and open space for each valid use in adjacent areas." The proposed development plan is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. V11. STAFF RECOMMENDATi©N The Community ©evelopment Department recammends that the Planning and Environmental Commission find that the P-3&J Reinvestment Plan is consistent with the Town of Vail's Comprehensive Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section VI of this memorandum and the testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff recammends that the following findings be made: "That upon review of the proposed P-3 & J Reinvestment Plan,. the ~ ~I Planning and Environmental Commission finds that the plan, as , proposed, is in conformity wr'th the Town's comprehensive plan as slated G in section Vl of this memorandum. The Commission's determination of findings is based upon review of the criteria and the testimony and evidence presented on this application." Attachments: Attachment 1: P-3&J Reinvestment Plan Attachment 2: P-3&J Reinvestment Study 7 Attachment 1 • P-3 ~ J REIN VE STMENT PLAN VAIL REINVESTMENT AiJT~IORITY MARCH 2OU4 • 1~11!Ft159j99.01't~G6.49~.2 TABLE aF C[)-NTENTS I. INTRODUCTION ...................................................................................................................1 1.1 Preface .............................................................................................................................I I.Z Bach.ground ...........................•--------.,.......-.,••--------....-•--•---•~----•~---.....1 I.3 Definitions--•---...,..., ...........................................................................................1 .............. 2. LEGISLATIVE FINDINGS ....................................................................................................2 2.1 Qualifying Conditions ...............•----..................................,...............,......,...,................... 2 2.2 Projects ....................... ........ ...,...........--,.2 2.3 Planning. Approval ...................:...................................................................................... 2 2.4 Consultation .................................................................................................................... 3 2.~ Public Hearing ................................................................................................................ 3 2.b Boundaries of tl~e Plan Area ........................................................................................... 3 2.7 Other Findings .................................................................................................... 3 3. DESCRIPTION OF PLAN OBJECTIVES .............................................................................4 • 4. PLAN IMPLEMENTATION ..................................................................................................4 4.1 Property Acquisition..........--• .......................................................................................... 4 4.2 Relocation Assistance and Payments .............................................................................. 4 4.3 Redevelopment Agreements ............... .... 5 4.4 Interagency Cooperation ..........................................................................................•--.... 5 5. MODIFICATIONS T© THIS PLAN ......................................................................................5 6. I'ERMINATION .......................................................................................5 MUR1595~i9AL1~664~)ti 3 1 P-3 & ~T REINVESTMENT PLAN March 2404 E. INTRC)DUCTIQN 1.1 Preface This P-3 & J Reinvestment Plan ("Plan"} has been prepared by the Vail Reinvestment Authority ("VRA") far 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 Lots P-3 & J are located in the center of Vail Village, proximate to the Vail Village Base Area, across Hanson Ranch Raad from the Christiania Lodge. The lots are owned by Vail Associates Holdings Ltd. ("Vail Associates"), and are currently used for parking. In addition, loading and other service related activities have been performed on portions of Lots P-3 & J and adjacent public rights-of--way. Loading and delivery at this site create congestion and at times obstructs traff c. As part of the Vail Front Door Project, there is a need for the redevelopment of Lots P-3 & J to include a parking structure and public open space. The loading and other service related facilities will be moved to an underground loading. and delivery facility west of the Vistabahn ski lift. The benefits of the redevelopment of P-3 & J include additional parking facilities in the Vail Village core area without additional surface parking, public open space on a portion of Lots P-3 & J which will be maintained by Vail Associates or its successors in interest, and the relocation of loading and other service related activities to locations better designed to handle such traffic. with a corresponding enhancement of pedestrian access adjacent to the site. Certain obsolete restrictive covenants cloud the title to Lats P-3 ~ .] and prevent financing of the redevelopment as proposed. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. 1.3 Dcfin%tiians 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 Lave, or in any other provision of Colorado law, for the: purpose of facilitating public undertakings deemed necessary or appropriate by VRA uaider this Plan. Plan: This P-3 & J Reinvestment Plan as it may be modifaed fa-oin. tine to tine. Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which lxas been found to be blighted and far which the undertaking of an urban renewal project is declared to he necessary. Redevelopment Agreement; An agreement between VRA and a developer or developers respecting the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifyinb Conditions Based on the P-3 8z J 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 defned by ~ 31-25-103{2}, C.R.S., in the Plan Area. The P-3 & J Reinvestment Study found that the following blight condition exists in the area; llefective or unusual conditions of title rendering the title unmarketable. Restrictive covenants controlling uses on the certain properties and other conditions of title impair the redevelopment of key parcels in the Plan Area. In many instances, covenant provisions conflict or have been ignored by prior development. Pursuant to § 31-25-1-3(2}(1}, the owner of Lots P-3 & J, Vail Associates, has advised the Town Council that it does not object to the designation of blight for the Plan Area based the presence of one blight condition. The Town Council finds that the presence af' this factor substantially impairs ar 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 tl~e 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 Planaain Approval The Town Council has adopted a general plan for the Town of Vail, kno~~n as the Vail Comprehensive Plan. The Planning and Environmental Caznmission met on February 23, 2004, and has submitted its written recommendations regarding the conforrnity of this Plan to the Vai] Comprehensive flan to the Town Council. h1l i ~i15955>~.©114664~?j, ~ ~ 2.4 Consultation This Plan has been submitted to the Board of County Commissioners of Eafle 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. 1'Votice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last know address at least ~4 days before the date of the public hearing. 2.fi B©undnries of the Plan Arcs T'he 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 PIan. 2.7 Other Findings 2.7.1 The property in the Plan Area is subject to restrictive covenant provisions from previous subdivisions of property in Vail. 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 tl~e redevelopment of the property within the Plan Area, particularly the f nancing of improvements which are key to the redevelopment of the Plan Area. VRA is authorised to use the power of eminent domain, with the consultation and concurrence of the owner of the fee interest to be condemned. to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. 2,7.2 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 aecarnmodations and business locations can be made available. 2.7.3 The powez°s 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. M~7 R15 }~99.01;466a95? 3 2.7.4 This Plan will afford maximum opportunity, consistent with the sound needs of the Town as a whole, far the rehabilitation or redevelopment of the Plan Area by private enterprise. 3. DESCRIPTION OF PLAN OBJECTIVES Phis Plan is an important tool to address the problems confronting the Vail Village area. The Plan helps to further the goals far the area previously outlined in the Vail Comprehensive Plan. The objectives for the flan include the follovs~ing: • Create a sense of place and an improved aesthetic character far Vail Village for both residents and guests. • l;nhance 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 within the Plan Area. • 1]pgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. 4. PLAN IMPLENIENTATLON In order to accomplish the objectives of this Plan and to frilly implement this Plan, VRA shall be authorized to undertake the following activities: ~.'1 Property Aegaisition The principal purpose of this Plan is the removal of legal impediments to the creation of public open space and to new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new 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 covenants and other conditions of title a-hick interfere with new private investment, «,~ith the consent of the owner of any fee interest to be condemned. 4.2 Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or ether commercial establishments as a result of any property acquisition, VRA may adapt relocation policies far payment of relocation expenses. Such expe~7ses 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 ~~nade. Nst:r~~*9599 ona(~5a9s2 4 4.3 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 aut 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, as may be necessary for the achievement of the objectives of this Plan ar as may otherwise be authorized by the Urban Renewal Law. 4.4 Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town of Vail or other public bodies pursuant to the Urban l~.enewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improveanents, for administration, for technical assistance and for other purposes. 5. MOI~IFiCATI©NS 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 modification. 6. TERMINATION This Plan shall terminate and the designation of blight made herein shall terminate upon the elimination of those protective covenants and other conditions of title which impair the redeveloplr~ent in the Plan Area. AZUR159599.[1l 14Ci6<i~.2 ~"I~URE l MAP QF PLA~1 AREA • Ml1F~,1S~?S~KJ.Ol14fiG495 2 ' pr*epa~red~by: V iW for: ro~~~~PaF:~, Attachment 2 I~ I Fet~ruary 2004 I Town of Vail -Parcels P3 & J Reinvestment Study Table of Contents 1.0 Reinvestment Study Purpose ..............................................................................................................1 2.0 Study Area Location and Definition .....................................................................................................2 3.0 Study Area Description .........................................................................................................................5 4.0 Colorado Urban Renewal Law ..........................................•--------......----................................................6 5.0 Conditions Contributing to a Finding of Blight ....................................................................................5 ~.0 Field Survey Findings .......................................... ..---......11 7.0 Summary of Findings ....................................................................................13 February 2004 Table of Exhibits Exhibi# 1: Regional Context Map ............................................................... Exhibit ~: Study Area Nlap----------------------------------•---......................----•-------• Exhibit 3: Selected Study Area Photographs ........................................... ....... 3 .....,.4 .....14 .'I ~ l Town of Wait _ Parcels P3 8~ J Fieinvestrnent Study 1.0 Reinvestment study Purpose February 2044 The purpose of this reinvestment study is to determine whether the Vail Parcels i'3 & J Study Area ("Study Area"} constitutes a "blighted area" within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended far such urban renewal efforts as the Town of Vail may deem appropriate to prevent further deterioration and blight. • ~a:~~ ~ ~ ~ Tawn of Vail -Parcels P3 8, J Reinvestmen4 Study 2.0 Study Area Location and Qefinition February 200d The Vail Parcels P3 & ,J Study Area is located in the Town of Vail in the State of Colorado, roughly 100 miles west of Denver along Interstate 70 (see Exhibit 1: Regional Context Map). The Study Area is generally situated within the Vail Village part of the Town, approximately one block west of Vail Valley Drive and immediately south of Gore Creek Drive and north of South Hanson Ranch Road (see Exhibit 2: Study Area Map). The Study Area is 0.73 acres in size and consists of 2 real estate parcels: Parcel P3 and Parcel ~, and a portion of the public right-of-way. • • rc~;^,cr u~i 2 Town of Vail -Parcels P3 3 J Reinvestment Study ~-y, February 2404 URS Exhibit 1: Regional Context Map Town of Vai! -Parcels P3 & J Reinvestment Study Exhibit 2: Study Area Map February 2004 • Legend N ~` Study Area Boundary ~,,,,,~, , ,,, Parcel Boundary ~~~o`~ 4 Town of Vail -Parcels P3 & J Reinvestrrrent Study • 3.l] Study Area Descriptiion February 2004 The Study Area is located in the Vail Village part of the Town of Vail. The site consists of two parcels and a portion of the public right-of-way and totals approximately three-quarters of an acre in area. The Study Area sits near the heart of Vail Village and is surrounded by mixed-use commercial and residential developments, Parcel P3, the westernmost of the two parcels, contains an asphalt parking lot and driveway and two smaller areas of landscaped lawn. Parcel J, at the east end of the Study Area, contains an asphalt parking lot, portions of landscaped lawn, and amulti-unit residential structure known as the Villa Valhalla Condominiums. In the center between the two parcels is an area of the public right-of-way that, at present, is not used by the Town as a street, but is part of the same asphalt parking lot and landscaped lawn as Parcel P3 and Parcel J. The zoning on both Parcels P3 and J is the~Parking (P} zone designation. The land use on both Parcels P3 and J is "Village Master Plan." Both Parcels P3 and J are owned by Vail Associates. The public right-of-way portion of the Study Area is owned by the Town of Vail. • Y ~I Mee i1 1'Qwn o€ Vail -Parcels P3 & J Reinvestment Study February 2044 ~.t] Colorado Urban Renewal Law In the Colorado Urban Renewal Law, Calo. Rev. Stat. ~ 31-~~-101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious ko the public health, safety, morals, and welfare of the residents of the state in generai and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs ar arrests the sound growth of municipalities, retards the provision of housing accommadafions, aggravates traffic problems and impairs ar arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern...." Under the Urban Renewal Law, the term "blighted area" describes an area with an array of urban problems, including health and social deficiencies,. and physical deterioration. See Colo. Rev. Stat. § 31-25-103(2). Before remedial action can be taken by a public agency, however, the Urban Renews! Law requires a finding by the appropriate governing body that an area such as the Study Area constitutes a blighted area. Id. § 1071). The determination that an area constitutes a blighted area is a cumulative conclusion attributable to the presence of several physical, environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. Far purposes of the study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: `"Biighfed area' means an area thaf, in ifs present condition and use and, by reason of the presence of at ieasf four of the following factors, subsfantially impairs or arrests fhe sound growth of the municipality, retards the provision of housing accommodations, or constifufes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deferiorafed, or deteriorafiog sfrucfures; b. Predominance of defecfive or inadequate streef layauf; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe condifions; e. Deterioration of site or afher improvements; f. Unusual fopography; g. Defective or unusual conditions of fide rendering fhe tifle non-marketable; h. The existence of conditions fhaf endanger life or property by fire acrd other causes; i. Buildings fhaf are unsafe or unhealthy forpersons to five or work in; j. E'nvironmenfal contamination of buildings or property; or k_ Inadequate public improvemenfs or ufiiifies." Town of Vail -Parcels P3 8 J Reinuesirnent Study February 20034 Additionally, paragraph (!.} states, "if there is no objectian by the property owner ar awners acrd the tenant or tenants of such owner or owners, if arry, to the inclusion of such property in an urban renewal area, `blighted area' also means an area that, in ifs ,present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) of this subsection...." Several principles have been developed by Calarado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. "The definition of 'blighted area' contained in the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Second, the presence of one well-maintained building does nflt defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not an abuilding-by-building or parcel-by-parcel basis. Third, an authority's "determination as to whether an area is blighted...is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to verify independently if the canciusion is based upon factual evidence and consistent with the statutory definition. UR5 was retained by the Town of Vail to perform an independent survey of the Study Area and to determine if it canstitutes a blighted area under the Urban Renewal Law. Based upon the conditions existing in the Study Area, this study will make a recommendation as to whether the Study Area constitutes a blighted area. The actual determination itself remains the responsibility of the Town's legislative body. Each parcel was surveyed and evaluated to determine the level of blight within the parcel. When determining whether the Study Area is blighted, however, the entire Study Area was analyzed as a whole. • ~'~' 7 l~.h"•liill~ ~ I Tvwn of Vail -Parcels P3 & J Reinvestment Study Fetrruary 2004 ~.0 Conditions Contributing to a Finding of Blight This section provides a detailed explanation of the type of site conditions that would contribute to the finding of blight for each of the eleven criteria established by Colorado statutes. Slum, Deteriorated, or Deterioratlnq Structures Field survey efforts examining this Might criterion focus on the general condition and level of deterioration of a building's exterior components, such as: • Exterior walls • Visible foundation • Fascia and soffits • Gutters and downspouts • Exterior finishes • Windows and doors • Exterior stairways and fire escapes Loading dock areas • Fences, walls, and gates The examination of these structural elements is limited to a visual inspection of condition and not a '~ detailed engineering or architectural analysis. The intent of this portion of the field survey is to identify obvious indications of disrepair and deterioration in the exterior of the structures found within the Study Area. Predominance of Defective or Inadequate Street Layout The analysis conducted far this blight criterion evaluates the effectiveness or adequacy of the streets that surround and penetrate the Study Area. Factors in this section include: • Paor vehicular access to buildings or sites • Poar Internal vehicular circulation • Substandard driveway or curb cut. definitions • Poor parking lot layout or access The identification of deficiencies 'rn these transportation-related areas is made through both observation in the field as well as through an analysis of Study Area site plan snaps and the Study Area's overa[I integration with the surrounding transportation network. • tur:~i`~°~ i 8 Town of Vail -Parcels P3 ~ J Reinvestment Study February 2pp4 Faulty Lot Layout in Relation to Size, Adequacy, Accessii7ifity, or Usefulness This blight criterion requires an analysis of the Study Area with regard to its accessibility and usefulness as a developable or developed site. Conditions within this criterion include: • Faulty lot shape • Faulty lot layout • Inadequate lot size • Nan. conforming or incompatible land use These factors take into consideration the position and orientation of Study Area structures to other structures (both in and out of the Study Area) as well as the shape, orienkation, location, and size of parcels, and if these attributes would negatively impact the potential for development or redevelopment. The analysis is performed both through observation in the field and through an analysis of the Study Area site plan maps and the site plans of the adjacent real estate parcels. Unsanitary or Unsafe Conditions Field survey efforts within this blight criterion focus on the following factors: • Poorly lit ar unlit areas • Cracked or uneven surfaces for pedestrians • Poor drainage or standing water • Insufficient grading or steep slopes • Presence of trash, debris, or weeds • Presence of abandoned vehicles • Presence of vagrants, vandalism, or graffiti The presence of these conditions indicate or can contribute to an environment that is unsanitary or unsafe, especially for pedestrians and children. Deterioration of Site or Other Improvements This section focuses an conditions that ind`cate the lack of general maintenance at a site or, through the presence of these factors, an environment that reduces a site"s usefulness and desirability. • Presence of billboards • Deterioration of signage • Neglected, vacant or abandoned properties • tJnscreened trash or mechanical equipment • Parking surface andlor parking curb deterioration • General site maintenance problems • Lack of landscaping ~' . ' 9 h~a~i.u i Town of Vai9 -Parcels P3 ~ J Reinvestment Siudy Unusual Topography The focus in this section is an the presence of unusual topographical conditions, such as: • Steep slopes • Flood plains and wetlands • Rock outcroppings • Poor load-bearing soils Defective or Unusual Conditions of Title Rendering the Title Non_marketable This criterion, when it does apply, is usually known to exist at the commencement of the blight study. Situations that might be present that cloud the validity of a parcel's title, or titles containing obsolete or restrictive covenants that prevent or impair redevelopment, can adversely affect the marketability and desirability of a property. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes The presence of the following factors can lead to the finding of blight within this criterion: • Buildings or sites inaccessible to fire and emergency vehicles + Blocked or poorly maintained fire and emergency access routes orfrantages • Insufficient fire and emergency vehicle turning radii Buildings that are Unsafe or Unhealthy far Persons to Live or Work In Same of the conditions that can contribute to this blight criterion include: • Poor structural design or construction • Inadequate ar improper installation of electrical, mechanical, or other utility components • Lack of sanitary water or sewer systems Environtmental Contamination of Buildings or Property Factors evaluated in this section include the presence of hazardous substances, liquids, or gasses found within the soils, struckures, water sources, ar other sites within the Study Area. Inadequate Public Improvements or utilities This section identifies key deficiencies in the public infrastructure system within the Study Area, including: • Deterioration of street pavement, curb or gutter • Insuft•MCiEnt street lighting • Presence of overhead utilities • Lack of sidewalks February 20fl4 • U 10 ~ ~~ fi~atc Tflwn of Vail -Parcels P3 & J Reinvestment Sizrdy 6.t] Fietd Survey Findings February 2601 The overall findings of the Vail Parcels P3 & J Study Area field sunray are presented in this section. This evaluation is based on the analysis of data and field survey conducted in January of 2004. Slum, Deteriorated or Deteriorating Structures The only structure 9ocated with the Study Area is the Villa Valhalla Condominiums, located on Parcel J. No visible deterioration of the exterior of this structure was observed that would constitute a finding of blight under this criterion. Predominance of Defective or Inadequate~Street Layout An example of defective or inadequate street layout found within the Study Area involves the relationship between the public right-of-way intended as a north-south connection between Gore Creek Drive and South Hanson Ranch Road and the lot lines of Parcels P3 and J. As can be seen from the aerial photo provided in Exhibit 2, a narrow connecting road does exist between these two streets, running through the western portion of Parcel P3, while the public right-of-way created for such a connection remains undeveloped as a street and runs through the middle of the parking lot. While this mismatch between the public right-af-way and the parcel lot lines does represent a form of defective street layout, it was determined that this situation is insufficient to qualify as a finding of blight under the "Predominance of Defective or Inadequate Street Layout" criterion. Faulty Lot Layout No evidence of faulty lot layout was observed within the Study Area, with the exception of the issue discussed in the paragraph above, where the relationship between the lot layout and the street layout mutually create a mismatch between what was intended and what presently exists. Nevertheless, it has been determined that this situation alone is insufficient to quality as a finding of blight. Unsanitary or Unsafe Conditions At the time of the field survey in January 2004, the parking lot and adjacent streets to the Study Area were covered in ice and snow which presents a potentially unsafe environment for pedestrians. However, given Vail's location in a mountainous region that experiences significant snowfall during the winter months, this is not a situation unique to the Study Area and does not represent a condition that alone qualifies as evidence of blight under the "Unsanitary or Unsafe Conditions" criterion. Deterioration of Site or Other Improvements Minor evidence of deterioration of site or other improvements was found within the Study Area. A split rail wooden fence separates the parking loft from the condominium building on Parcel J. A section of the fence rail had come loose and was observed lying on the ground at the time of the field survey. In an other example, a sign identifying the parking Bot was bent and its surface weathered. Neither of these conditions, however, represent a true deterioration of the site or evidence of a lack of general upkeep on the property. Both could be reasonably expected to occur given Vail's extreme winter ~~`r. ~ ~ ~~ut-t Town ofi Vail -Parcels P3 ~ J Reirrwestment Study February 2pp4 environment, and both can fixed through simple periodic maintenance. The parking lot and the surrounding grounds are generally in well-kept condition; therefore, it has been determined that these minor examples do not rise to a level necessary to consider the Study Area blighted under this criterion. Unusual Topography No evidence of unusual topography was observed within the Study Area. Defective or Unusual Conditions of Title Rendering the Title Nan-marketable There d©es exist within the Study Area the presence of defective or unusual c©nditions of title rendering the title non-marketable. Both Parcels P3 and J have titles which contain several restrictive covenants that dictate the nature and intensity of the uses allowed on the property, As a result of these covenants and the adverse conditions of title they create, the owners of these parcels are unable to redevelop their property to a higher or different use that would otherwise be possible or permissible. Consequently, the marketability of these parcels is significantly compromised. This situation creates not only an unreasonable financial disadvantage to the property owners, but to the Town of Vail and its citizens as well. Because of the adverse conditions of title that exist for Parcel P3 and for Parcel J, the sound growth of the Town is clearly impaired and, therefore, the public welfare is not served. This directly qualifies as a condition of blight as intended by the Colorado Urban Renewal statutes. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes No evidence of unusual topography was observed within the Study Area. Buildings that are Unsafe or Unhealthy far Persons to Live or Work In No evidence of unusual topography was observed within the Study Area. Environmental Contamination of Buildings or Property No evidence of unusual topography was observed within the Study Area. lnadec~uate Public Improvements or Utilities No evidence of unusual topography was observed within the Study Area. rte ~~Ei'- i _.. 12 Tbwn of Vai] -Parcels P3 $~ J Reinvestment Study February 2@(}4 7.0 Summary of Findings It is the conclusion and recommendation of this study that the Study Area, in its present condition and use, is a blighted area as defined in Colo. Rev. Stat. § 31-25-103{2). The conclusion and recommendation is based on the existence of the following blight canditian found in the Study Area and described previously in Section 6.0: 1. Defective or Unusual Conditions of Title Rendering fhe Title Nan-markefable. There is direct knowledge and evidence that the titles for the properties within the Study Area known as Parcel P3 and Parcel J conkain several restrictive covenants that create an adverse canditian of title that renders the titles norrmarketable. As noted in Section 4.0, paragraph {1.) of the pertinent statute states, `rf there is no ob1ection by the property owner or owners and fhe tenant or tenants of such owner or owners, if any, to fhe inclusion of such property in an urban renews! area, `6Gghfed area' also means an area that, in ifs present condition and use and, by reason of fhe presence of any one of fhe factors specified in paragraphs (a) ter (k) of this su,bsecfion... „ The property owners of Parcel P3 and Parcel J and the Town of Vail do not object to a fnding of blight for the Study Area or the inclusion of their property in an urban renewal area. Additionally, at least one of the eleven blight criteria "identified in Section 103{2) of the Urban Renewal Law was identified within the Study Area. The conditions outlined in paragraph {1.) have been mek. Therefore, it is the finding of this study that the Study Area is blighted and, therefore, "substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace fa the publr'c healfh, safety, morals, or welfare." While each of the two parcels and the public right-of-way portion of the Study Area were surveyed individually, it should be noted that the conclusion and recommendation of this study is based on the Study Area as a whole, and is not based on the conditions found on individual parcels. rcr.c-~~ i 13 'arcels P3 8 J Reinvestment Study February 2004 Exhibit 3: Selected Study Area Photographs • t,~'r tLM:zi to ' I 14 "' -~ 0 N C Q} L17 Q7 } C .~ c"3 C b T K. ~i, ~,~, ~ g ~ }z ~ J4"w'""'* v' ~ n~ 4 e~ ~,.,~ } 1 ~ ~' i # ~ ~ ~ ~ ~ ~~ ti . s"~_?x~~._ ~,,. ~ .. ~ ~ ' st ~ ~{e a ~L p ~; i c ti ; s.. < .r, ,`~i . ~ ~ ~~ ,~ 9 ,f?.. j~~~ti~l ~~~~ ~~~~ '~ ~~ ~_ . _ ~~~~~`r 0 t ~~ r v 0 0 N `7 nl C7 d th f.D lG d C D T PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, January 26, 2004 PROJECT ORIENTATION -Community Development Dept, PUBLIC WELCOME 12:04 pm MEMBERS PRESENT MEMBERS ABSENT John Schofield Erickson Shirley Ghas Bernhardt Gary Hartmann Rollie Kjesbo (departed at 4:30 pm) Doug Cahill George Lamb Site Visits 1. West Vail Lodge- 2211 North Frontage Raad 2. Gannett Residence - 796 Forest Road Driver: George NOTE: If the PEC hearing extends until 0:00 p.m., the board may break for dinner from 0:00 - 6:30 Public Hearing -Town Council Chambers 2:40 pm 1. A request for a final review of a proposed amendment to the Town of Vail ©fficial Zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3) to High Oensi#y Multiple Family (HOME), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Roadf Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and Inn at West Vaif Lot 1, Block A, Vail Das Schone Filing 3, in accordanoe with Section 12-3-7, Vail Town Code, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner. Matt Gennett TABLED TO FEBRUARY 9, 2404 MOTION: Doug Cahill SECOND: George Lamb VOTE: 7-0 Matt Gennett made a presentation per the staff memorandum. Staff was recommending denial of the applicant's request pursuant to the criteria outlined in the staff memorandum. The applicant made a presentation to the Commission. There was no public comment on the application. Upon discussion of the application, the Commission encouraged the applicant to explore other options and be more creative in the approach to redevelopment. The Commission expressed an interest in helping the applicant facilitate a resolution provided the goals of the Community could be addressed. The Commission expressed little support for a rezoning and suggested the applicant consider the options provided by a special development district. rr~;`~~ ~ ~, ry~ r }a~ /n{ T ,y rT }yi lQl'wll~V~ d'ISLL 2. A request for a recommendation to the Vaii Town Council far proposed updates to elements of the Town of Vail Comprehensive Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Elisabeth EckellGearge Ruttier MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 George Ruttier made a presentation per the staff memorandum- Staff was recommending that the Commission forwards a recommendation of approval to the Vail Town Council. There was no public comment on the propased recommendation. The Commission suggested that a "problem sfate.rrret7l" be created as a preamble to the comprehensive plan proposal. Clearly, the purpose of the proposal is to respond #o changing times and to bring our plans into the 21st century. It was further recommended that dates be added to the proposed timeline. The Commission urged the Town Council to adequately fund this effort as it is crucial to the future continued success of Vail. 3. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit,. pursuant to Section 12-7A-3, Vail Town Code, to allow for Type Ili Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A & 9C, Vail Village 2nd Filing from Public Accommodation (PA) zone district to High Density Multiple Family (HDMF} zone district, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard thereto. Applicant: t~kicollet Island Development Company Inc.. Planner George Ruttier MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2fl04 4. A request for a recommendation to the Vail Tawn Cauncil for propased text amendments to Section 12-3-6, Hearings, Vail Tawn Code, to amend the notice requirements for Town of Vail Design Review Board public hearings, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2[104 5. A request for a conditional use permit, pursuant to Section 12-7H-5, Cond'otional Uses; Generally (an all levels of a building or outside a building), Vail Tawn Code, and a request for a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of new single-family and two-family residential dwelling units, located at 730, 724, and 714 West Lionshead CirclefTracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot} Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 7-0 TABLED TO FEBRUARY 9, 2flfl4 L • 6. A request for final review of a conditional use permit, pursuant to Chapter 16-12, Vail Town Code, to allow for changes to the previously approved conditions of approval for a seasonal use or structure (i.e. seasonal ice rink), located at 1778 Vai! Valley Drive/an unplatted tract of land within Section 9, Township 5 South, Range 80 West of the Sixth Prime Meridian generally located directly north of Lot 3, Sunburst 3"' Filing within the Vail Golf Course, more specifically described as follows: That part of Section 9, Township 5 South, Range 80 West of the 6t~ Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing Na. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following fins courses along said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to the left, having a radius of 135,00 feet,. a central angle of 50°38'21" and a chord that bears N72°59'22"W, 115.47 feet:; (2) S81°41'30"W, 1$7.43; thence, departing said northerly right-of-way line, N08°18'30"W, 266.90 feet; thence N79°28'56"E, 939.41 feet; thence S11°28'38"E, 91.78 feet; thence S40°01'19"W, 494..77 feet; thence 577°00'32"VV, 165.18 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the are of a curve to the left, having a radius of 189.10 feet, a central angle of 44°'50'53" and a chord that bears N65°08'56"VII, 144.27 feet to the paint of beginning, containing 6.47 acres, more or less, and setting forth details in regard thereto. • Applicant: Town of Vail Planner: Bifl Gibson MOTION: Rollie Kjesbo CONDITION: SECOND; Chas Bernhardt VOTE: 7-0 1. Condition number 8 of the October 14, 2002, conditional use permit approval as follows (deletions are shown in s-`ri'r~ `.hre~l~ladditions are shown bofc~): 8. This conditional use permit shall be valid from October 1st to ~ May 15 annually. No construction and/or ir~stallatron of the seasonal ice rink, including any related equipment (including the zamboni sheds or structure, shall commence on the site earlier than Qct©ber 1st annually. Operation of the seasonal ice rink shall end no later Pharr April ~ annually. ~ The seasonal ice rink, including all related equipment (including the zamboni shed) and structures, shall be removed from the site by no later than dnri May 75 annually. The storage of materials or equipment (including the zamboni) related to the seasonal ice rink shad not be permitted on the site later than April ?stand earlier than October 1st annually. Bill Gibson made a presentation per the staff memorandum, Staff was recommending approval of the request. The applicant reiterated the reasons for the request. There was no public comment. The Commission expressed the importance of establishing realistic expectations far the removal date of the ice bubble and agreed with the applicant's requested date change to the previously approved, condition of approval. 7, A request far final review of a variance from Section 12-6D-6, Setbacks, Vail Town Gode, to allow for an addition in the setback, located at 79B Forest Road/Lot 13, Block 1, Vail Village 6'~' Filing, and setting forth details in regard thereto. Applicant: Doug and Kathy Gannett, represented by Steven Riden Planner: Bill Gibson MOTION: George Lamb SEC©ND: Chas Bernhardt V{]TE: 7-D CONDITIONS: The applicant shall revise the proposal to reduce the size of the addition to the proposed living/dining room within the setback by 2a% or four feet in height. 2. The applicant shall revise the proposal such that all new decks or patio conform with the required setback requirements, except when replacing existing decks in the same location and configuration as the existing non-conforming encroachments. Bill Gibson made a presentation per the staff memorandum. Staff was recommending approval with modifications of the application. The applicant presented the proposed request for the Gammission's consideration. There was na public comment. The Commissioners each stated their concerns about increasing the non-conformity of the structure, but agreed with the findings in the staff memorandum and approved the request with the two conditions outlined in the staff memorandum. In making a motion to approve the request with modifications, the Commission found that a physical hardship and special circums#ances existed on the applicant's property. 8. Approval of January 12, 20Q4 minutes MOTION: Doug SECCIND: George VOTE.: 6-0 9. Information Update • Town of Vail Transportation plan update • Public Accommodation zone district text amendments • TermslAppo%ntments 10. Adjourn MOTION: Doug Cahill SECOND: George Lamb VOTE: 6-0 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. Community ©evelopment Department Published, January 23, 2QI74 in the Vail Daily. • • 4