HomeMy WebLinkAbout2004-11 Lionshead Public Facilities Development PlanRESOLUTION NO. 11
Series of 2004
A RESOLUTION APPROVING THE LIONSHEAD PUBLIC FACILITIES DEVELOPMENT
PLAN AND FINDING THAT THE LIONSHEAD URBAN RENEWAL AREA IS A BLIGHTED
AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL
PROJECT PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE
ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT,
REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN
THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE
CITIZENS OF THE TOWN OF VAIL.
WHEREAS, an urban renewal plan for the Lionshead Area has been submitted to the
Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title
31, C.R.S.; and
WHEREAS, the Lionshead Area which is subject to the Lionshead Public Facilities
Development Plan is described in Figure 1 to the Lionshead Public Facilities Development Plan;
and
WHEREAS, the Town Council of the Town of Vail adopted the Lionshead Master
Redevelopment Plan on December of 1999, which is a component of the Vail Comprehensive
Plan; and
WHEREAS, the Lionshead Public Facilities Development Plan has previously been
submitted to the Town of Vail Planning and Environmental Commission for its review and
recommendations as to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31-
25-107(2); and
WHEREAS, the Tawn of Vail Planning and Environmental Commission has determined
that the Lionshead Public Facilities Development Plan does conform to the Town of Vail
Comprehensive Land Use Plan; and
WHEREAS, no property in the Lionshead Urban Renewal Area has been included in an
urban renewal plan previously submitted to the Town Council of the Town of Vail; and
WHEREAS, the Town Clerk of the Town of Vait has published the notice of the time,
place, and purpose of the public hearing to consider the adoption of the Lionshead Public
Facilities Development Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and
WHEREAS, the Town Council of the Town of Vail has provided written notice of the
public hearing to consider the adoption of the Lionshead Public Facilities Development Plan to
property owners, residents, and business owners within the proposed Lionshead Urban
Renewal Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and
WHEREAS, the Eagle County Commissioners have received notification of and copies
of the Lionshead Public Facilities Development Plan as well as such additional information as is
required by C.R.S. §31-25-107(3.5); and
Resolution No. 11, Series of 2004
WHEREAS, the Eagle County School District has received notification of and copies of
the Lionshead Public Facilities Development Plan and has been given an opportunity to
participate in an advisory capacity; and
WHEREAS, no more than one hundred twenty days have passed since the
commencement of the first public hearing of the urban renewal plan, and
WHEREAS, the Town Council of the Town of Vail has considered the Lionshead
Reinvestment Study prepared by URS Corporation and the proposed Lionshead Public
Facilities Development Plan; and
WHEREAS the Vail Town Council believes that any condemnation by the Vail
Reinvestment Authority should be undertaken with the concurrence of the owner of any fee
interest to be condemned; and
WHEREAS, Town Council of the Town of Vail has conducted a public hearing and
considered the public testimony received.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL THAT:
1. Blight, as defined by C.R.S. §31-25-103(2), is present in the Lionshead Urban
Renewal Area as documented by the Lionshead Reinvestment Study prepared by URS
Corporation and based on evidence presented at the public hearing and as reflected in the
Lionshead Public Facilities Development Plan. The following blight factors are present in the
Lionshead Urban Renewal Area: defective and inadequate street layout; street system does not
provide adequate access for motorists, pedestrians and emergency vehicles; unsafe conditions
that endanger life or property; traffic and circulation patterns are dangerous for both pedestrians
and motorists; deterioration of site improvements: public parking areas and concrete retaining
walls are deteriorating; curbs and gutters on public property also show deterioration; defective.
or unusual conditions of title rendering the title unmarketable; restrictive covenants controlling
uses on certain properties and other conditions of title impair the redevelopment of key parcels
in the Ptan Area; environmental contamination including runoff from unpaved parking areas and
stormwater runoff from paved surfaces contaminate Gore Creek; and inadequate public
improvements.
2. The Lionshead Urban Renewal Area is a blighted area and is appropriate for an urban
renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S.
3. The boundaries of the Lionshead Urban Renewal Area as identified in Figure 1 of the
Lionshead Public Facilities Development Plan have been drawn as narrowly as feasible to
accomplish the planning and development objectives for the Lionshead Urban Renewal Area.
4. The Lionshead Public Facilities Development Plan conforms to the Comprehensive
Land Use Plan, which is the general plan for the development of the Town of Vail.
5. There exist feasible methods for the relocation of individuals and families and
business concerns in accommodations or areas suitable for their relocation and meeting the
required standards under C.R.S. § 31-25-107(4)(a) and (b).
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6. Lionshead Public Facilities Development Plan will afford maximum opportunity,
consistent with the sound needs of the Town of Vail as a whole, for the rehabilitation or
redevelopment of the Lionshead Plan Area by private enterprise.
7. The acquisition, clearance, rehabilitation, conservation, development ar
redevelopment of a combination thereof of the Lionshead Urban Renewal Area pursuant to the
Lionshead Public Facilities Development Plan is necessary in the best interests of the public
health, safety, morals, and welfare of the citizens of the Town of Vail.
8. The Lionshead Public Facilities Development Plan is hereby approved.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of March, 2004.
Rodney E. Slifer, Mayor flfown of Vail
ATTEST:
Lo~1ei ~onaldson,Town Clerk, Town of Vail
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LIONSHEAD
PUBLIC FACILITIES DEVELOPMENT PLAN
VAIL REINVESTMENT AUTHORITY
No T1F)
Revised March 1S, 2004
TABLE OF CONTENTS
I.INTRODUCTION .....................................................................................................................1
1.1 Preface ............................................................................................................................1
1.2 Background .....................................................................................................................1
1.3 Definitions .......................................................................................................................2
2.LE GISLATIVE FINDINGS .......................................................................................................2
2.1 Qualifying Conditions ......................................................................................................2
2.2 Projects ...........................................................................................................................3
2.3 Planning Approval .............:.............................................................................................3
2.4 Public Hearing .................................................................................................................3
2.5 Boundaries of the Plan Area ...........................................................................................4
2.6 Other Findings ................................................................................................................4
3.DESCRIPTION OF PLAN OBJECTIVES ................................................................................5
4. PLAN IMPLEMENTATION ......................................................................................................5
4.1 Redevelopment and Rehabilitation Actions ................................................................... 5
4.3 Relocation Assistance and Payments ............................................................................ 6
4.4 Public Improvements and Facilities ................................................................................ 6
4.5 Redevelopment Agreements .......................................................................................... 6
4.6 Interagency Cooperation ................................................................................................ 6
4.7 Advisory Committee ................ .................................................................................... 6
5. PROJECT FINANCING ...........................................................................................................7
5.1 Participating Interest in Projects ...........................................................:......................... 7
6. MODIFICATIONS TO THIS PLAN ..........................................................................................7
LIONSHEAD PUBLIC FACILITIES INVESTMENT PLAN
March 2004
1. INTRODUCTION
1.1 Preface
This Lionshead Public Facilities Investment Plan ("Plan") has been prepared by the Vail
Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail
pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of
Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the
requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the
governing body of the municipality before an urban renewal authority undertakes an
urban renewal project. The administration of this project and the enforcement and
execution of this Plan shall be pertormed by VRA.
1.2 ~ Background
The Lionshead area is one of four base areas for the Vail Mountain Ski Area. The area
was originally developed from 1972-1974 as the base for the Lionshead gondola.
Lodging, condominiums and retail were constructed over a period of years, often without
coordinated planning of circulation and public transportation facilities of the area. The
Lionshead parking garage was built in 1981 significantly increasing the pedestrian traffic
in ,the area. An extensive bus system has developed as the major means of moving
people around Vail. The Lionshead area now accounts for approximately 4596 of the
skier access to Vail Mountain. As a result of this rapid development activity, the traffic
and transportation network for personal vehicles, pedestrians and delivery vehicles does
not work well. There are many vehicle/pedestrian conflicts creating unsafe conditions
throughout the Lionshead area.
In addition, the public infrastructure in the Lionshead area has deteriorated. Extremes of
temperature and topography as well as the intense utilization of the area by residents
and guests has caused streets, sidewalks, curbs and gutters, and retaining walls to be
subject to accelerated deterioration. Inadequate attention to runoff from impervious
surfaces and deteriorated drainage facilities have contributed to water quality
deterioration in the Gore Creek.
The Lionshead Redevelopment Master Plan, adopted in 1999, ident~es spec public
infrastructure improvements that need to occur and provides incentives for private
redevelopment. A major implementation action in the Master Plan is the redevelopment
of the Lionshead gondola and Sun Bird building sites into ahigh-end hotel. Other major
development sites include the remodeling of the Marriott and Antler properties. These
development projects will place many more guests and residents into the Lionshead
area. To properly support this major private reinvestment in Lionshead, the supporting
transportation infrastructure needs to be upgraded. Sidewalks and streets need to be
constructed or reconstructed. A transportation center must be built to accommodate the
increased usage of the Lionshead area, and improvements to the Frontage Road are
needed to serve the increased traffic. This Plan is intended to provide the financial
mechanisms necessary to support the renovation and reconstruction of the public
infrastructure in Lionshead.
MUR\58179.OIW68843.02
1
1.3 Definitions
Cooperation Agreement: Any agreement between VRA and the Town of Vail or any
other public body regarding action taken pursuant to any of the powers set forth in the
Urban Renewal Law, or in any other provision of Colorado law, for the purpose of
facilitating public undertakings deemed necessary or appropriate by VRA under this
Plan.
Plan: This Lionshead Public Facilities Investment Plan as it may be modified from time
to time.
Plan Area: The area described in Section 2.6 of 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 representing the redevelopment or rehabilitation of property within the Plan
Area.
2. LEGISLATIVE FINDINGS
2.1 Qualifying Conditions
Based on the Lionshead Reinvestment Study prepared by URS Corporation, dated
February 2004, and evidence presented at the public hearing, the Town Council finds
that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Plan Area.
The Lionshead Reinvestment Study found that blight conditions were prevalent
throughout the area. The conditions found to exist include:
a) Defective and inadequate street layout: Street system does not provide
adequate access for motorists, pedestrians and emergency vehicles.
Turning radii are often inadequate.
b) Unsafe conditions that endanger life or property: Traffic and circulation
patterns are dangerous for both pedestrians and motorists.
c) Deterioration of site improvements: Public parking areas and concrete
retaining walls are deteriorating. Curbs and gutters on public property
also show deterioration.
d) Defective or unusual conditions of title rendering the title unmarketable:
Restrictive covenants controlling uses on certain properties and other
conditions of title impair the redevelopment of key parcels in the Plan
Area. In many instances, covenant provisions conflict with or have been
ignored by prior development.
MlJR~58179.011468843.02 2
e) Environmental contamination: Runoff from unpaved parking areas and
storm water runoff from paved surfaces contaminate Gore Creek.
fl Inadequate public improvements: Streets and sidewalks on public
property are not adequate for the traffic and do not provide a safe
separation for pedestrians from motor vehicles. Pavement, curb and
gutter and retaining walls on public property are deteriorating. Ovefiead
utilities are present and storm water management is inadequate.
The Town Council finds that the presence of these factors substantially impairs or
arrests the sound growth of the Town of Vail, retards the provision of housing
accommodations, constitutes an economic and social liability and is a menace to the
public health, safety, morals and welfare of the Town of Vail.
2.2 Projects
The Plan Area is appropriate for one or more urban renewal projects and other
undertakings of the VRA as authorized by the Urban Renewal Law.
2.3 Planning Approval
A general plan for the Town of Vail, known as the Vail Comprehensive Plan, has been
adopted by the Town Council. In addition, the Lionshead area is the subject of the
Lionshead Redevelopment Master Plan which is the Town's official planning document
for guiding the redevelopment of the Lionshead area and is a part of the Vail
Comprehensive. Plan. This Plan has been submitted to the Planning and Environmental
Commission of the Town of Vail for review and recommendations as to its conformity
with the Vail Comprehensive Plan and the Lionshead Master Plan. The Planning and
Environmental Commission met on February 23, 2004 and has submitted its written
recommendations via a staff memorandum to the Town Council that the Lionshead
Public f=acilities Development Plan is in confom~ity with the Vaii Comprehensive Plan.
Consultation
This Plan has been submitted to the Board of County Commissioners of Eagle County
as required by the Urban Renewal Law. The Eagle County School District has been
advised of this Plan and has been given an opportunity to provide comments.
2.4 Publlc 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 Da11y,
describing the time, date, and purpose of the public hearing, identifying the Plan Area
and outlining the general scope of the projects being considered for implementation
pursuant to this Plan. Pursuant to C.R.S. §31-25-107(4)(c), notice of the public hearing
was provided to owners, residents, and business owners in the Plan Area at their last
known address at least 30 days before the date of the public hearing.
MlJR158179.011468843.02 3
2.5 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.
2.6 Other Findings
2.6.1 One or more of the projects will require the demolition and clearance,
subject to other restrictions, of certain public improvements within the
Plan Area as provided in this Plan. Such actions may be necessary to
eliminate unsafe conditions. eliminate obsolete and other uses
detrimental to the public welfare, and otherwise remove and prevent the
spread of deterioration.
2.6.2 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 ofi the Town Council in adopting this Plan that
VRA exercise all powers authorized to be exercised by VRA under the
Urban Renewal Law and which are necessary, convenient or appropriate
to accomplish the objectives of this Plan. It is the intent of this Plan that
VRA shall exercise all such powers as may now be possessed or
hereafter granted to VRA for the elimination of qualifying conditions within
the Plan Area.
2.6.3 Many properties in the Plan Area are subject to restrictive covenant
provisions from previous subdivisions of property in Vail and Lionshead.
In many cases, the covenant provisions conflict with one another and in
some cases have been ignored by existing development. These
restrictive covenants create an impediment to the redevelopment of
properties within the Plan Area, particularly the financing of improvements
which are key to the redevelopment of the Plan Area. VRA is authorized
to use the power of eminent domain, with the consultation and
concurrence of the owner of any fee interest to be condemned, to
eliminate only those restrictive covenant provisions and other conditions
of title which prevent redevelopment of properties within the Plan Area.
2.6.4 If it becomes necessary for individuals, families or businesses to relocate
as a result of the implementation of this Plan, a feasible method exists for
the relocation of individuals, families, and business concerns that may be
displaced, insuring that decent, safe and sanitary dwelling
accommodations and business locations can be made available.
2.6.5 The powers conferred by the Urban Renews! 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.
MUR~58179.01\468843.02 4
2.6:6 VRA may, in its discretion, issue bonds, including bonds or other
obligations, to the extent permitted by law.
3. DESCRIPTION OF PLAN OBJECTIVES
This Plan is an important tool to address the problems confronting the Lionshead area.
The Plan helps to further the goals for the area previously outlined in the Lionshead
Redevelopment Master Plan. The objectives for the Plan include the following:
Create a sense of place and an improved aesthetic character for Lionshead for
both residents and guests.
Renovate or redevelop the deteriorated and/or outdated residential and
commercial buildings and provide enhanced amenities.
Enhance the aesthetic appearance of the area to make it more appealing.
Improve pedestrian, bicycle, mass transit and auto accessibility and circulation.
Eliminate impediments to the redevelopment of key facilities with the Plan Area.
Upgrade and restore public infrastructure including transportation facilities,
parking, sidewalks and streetscapes.
4. PLAN IMPLEMENTATION
In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA
shall be authorized to undertake the following activities:
4.1 Redevelopment and Rehabilitation Actions
Redevelopment and rehabilitation actions within the Plan Area may include such
undertakings and activities as are in accordance with this Plan, the Lionshead Master
Plan, and the Urban Renewal Law, including without limitation: demolition and removal
of public buildings and improvements as set forth herein; installation, construction and
reconstruction of public improvements as set forth herein; elimination of unhealthful,
unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the
public welfare; and other actions to remove or to prevent the spread of deterioration.
VRA is authorized to negotiate and enter into agreements with landowners, developers,
and investors regarding appropriate projects throughout the Plan Area.
4.2 Property Acquisition
The principal purpose of this Plan is the rehabilitation and enhancement of public
infrastructure in the Plan Area and the support of new private investment occurring on
private property. Restrictive covenants and other conditions of title interfere with 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 those
restrictive covenants and other conditions of title which interfere with new private
MUR158179.014468843.02 5
investment, with the consultation and concurrence of the owner of any fee interest to be
condemned.
4.3 Relocation Assistance and Payments
In the event it is necessary to relocate or displace any business or other commercial
establishments as a result of any property acquisition, VRA may adopt relocation
policies for payment of relocation expenses. Such expenses may include moving
expenses, actual direct losses of property for business concerns, and goodwill and lost
profits that are reasonably related to relocation of the business, resulting from its
displacement for which reimbursement or compensation is not otherwise made.
4.4 Public Improvements and Facilities
VRA may undertake certain actions which would make the Plan Area more attractive for
private investment by providing public improvements consistent with the Lionshead
Master plan. These improvements include street and traffic improvements, streetscape
improvements, a transportation center, landscaping, park and recreation facilities, utility
improvements, open space acquisition, storm water improvements, public art projects,
and other similar improvements necessary to carry out the objectives of the Lionshead
Master Plan.
4.5 Redevelopment Agreements
VRA is authorized to enter into one or more Redevelopment Agreements with
developer(s) and such other entities as are determined by VRA to be necessary or
desirable by VRA to cant' out the purposes of this Plan. Such Redevelopment
Agreements may contain such terms and provisions as shall be deemed necessary or
appropriate by VRA for the purpose of undertaking the activities contemplated by this
Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA,
including financial assistance, as may be necessary for the achievement of the
objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law.
4.6 Interagency Cooperation
VRA may enter into one or more Cooperation Agreements with the Town of Vail or other
public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may
provide, without limitation, for financing, for construction of public improvements, for
administration, for technical assistance and for other purposes.
4.7 Advisory Committee
VRA shall establish an advisory committee of Lionshead residential and commercial
property owners to advise the VRA on matters related to the implementation of the Plan.
The composition of the committee shall be determined by the VRA.
MUR158179.011468843.02 6
5. PROJECT FINANCING
5.1 Participatlng Interest in Projects
VRA may require a participating interest in private development projects for which it
provides financial assistance. Public assistance is frequently needed for redevelopment
projects in order to fill the gap between traditional equity and debt financing and the
additional costs of a redevelopment project. In the event the project generates revenues
at or greater than market return, the public should share in the success of the project.
The terms of the participating interest will be specified in the Redevelopment Agreement
at a level and on terms appropriate for each project.
6. MODIFICATIONS TO THIS PLAN
This Plan may be amended or modified pursuant to provision of the Urban Renewal Law
as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate
notification in accordance with the Urban Renewal Law, including submission to the
Board of County Commissioners of Eagle County and written notice provided to ail
property owners, residents, and owners of businesses in the Plan Area not less than 30
days prior to the consideration of a substantial mod cation in accordance with C.R.S.
31-25-107 (4)(c).
F:\Use~sLodevl~:ounciMnemos104\3-1~04.doc
MUR\58179.011468843.02
Figure 1-Plan Area
MUR158179.011468843.02 8
Attachment 4
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I,IONSIII~.AI)
RE[NVES I MEN l
FEBRUARY 2004
prepared by
Z~RS
122517th Street, Suite 200
Denver, Colorado 80202
1R.~A~.RnR[1
STUDY
Uonshead Reinvestment Study
Tabie of Contents
Feb-uary 2004
1.0 REINVESTMENT STUDY PURPOSE ................................................................1
2.0 STUDY AREA LOCATION ...............................................................................1
3.0 STUDY AREA DEFINITION .............................................................................3
4.0 STUDY AREA DESCRIPTION .........................................................................5
5.0 COLORADO URBAN RENEWAL LAW ...........................................................11
6.0 STUDY METHODOLOGY ................................................................................13
7.0 DETERMINATION OF CONDITIONS WITHIN THE STUDY AREA .................14
8.0 SUMMARY OF FINDINGS ...............................................................................18
Table of Figures
Figure 1: Study Area General Location Map ..............................................................2
Figure 2: Study Area Map ..........................................................................................4
Figure 3: Existing Land Use Map ...............................................................................8
Figure 4: Existing Zoning Map ....................................................................................9
Figure 5: Existing Property Ownership Map .............................................................10
Lionshead Reinvestment Study
1.0 REINVESTMENT STUDY PURPOSE
February 2004
This document is the completion of a study initiated in August 2000 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 Colorado, approximately 100 miles west of the
City and County of Denver. It is situated along the I-70 corridor approximately 25 mites west
of the Confinental Divide. The Base elevation of Vail is 8,120 feet, and the peak elevation is
11,455 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 Lionshead area. The exact Study
Area boundaries are identified in the next section.
See Figure 1, Study Area General Location Map.
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Figure 1
Study area general
Location Map
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Lionshead Reinvestment Study
3.0 STUDY AREA DEFINITION
February 2004
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 Dobson Ice Arena, and the Town of Vail 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.
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Lionshead Reinvestment Study February 2004
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4.0 STUDY AREA DESCRIPTION
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 for year-round
residents. The town has expanded to the 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 private entity, Vail Resorts, Inc. The general opening
date of the ski slopes is mtd 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
2001/2002 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 for 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,
iodging/condominlums, retaiVcommercial, service station, community facilities (ice arena and
library), open space, parking, and publicJutility. Of these, the dominant land uses within the
Study Area are mixed use and lodging/condominiums.
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 (HDMF) -This zone designation permits lodges, including
accessory eating, drinking, recreational or retail establishments. located within the
principal use and not occupying more than 10% of the total GRFA of the main structure
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.
Lionshead Mixed Use 1 (LHMU-1) -This zone designation has three different permitted
uses pertaining to floor level. For the basement or garden level permitted uses include
banks, commercial ski storage, eating and drinking establishments, personal services
5
Uonshead Reinvestment Study February 2004
and repair shops, professional offices, lockers and storage, recreation facilities, retail
establishments, skier ticketing/schools/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 ticketing/schools/services, 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, professional 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 density permitted is up to a 33°r6 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 or 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, retail/office businesses, and other
uses determined to be similar to permitted uses. The total density permitted is 25
dwelling units per acre, with a Ilmit 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 usa 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
or 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
development with the town; to facilitate the adequate and economical provision of streets
and utilities; to preserve the natural and scenic features of open space areas; and to
further the overall goals of the community as stated in the Vail comprehensive plan.
See Figure 4 for the Study Area Existing Zoning Map.
URNS 6
Uonshead Reinvestment Study February 2004
Property Identification and Ownership
The property ownership in the Study Area is predominantly private, with the majority of
parcels owned by either Vail Resorts, Inc., other private property owners, or in joint
ownership 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 Ice Arena, the Town of Vail Library, and Open Space parcels along Gore Creek.
See Figure 5 for the Study Area Existing Property Ownership Map.
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Uonshead Reinvestment Study
5.0 COLORADO URBAN RENEWAL LAW
February 2004
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 lifespan. 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 like 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 specific 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. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d. Unsanitary 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 also envisions the prevention of deterioration."
11
Llonshead Relnvesbnent Study February 2004
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 biighted...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 statutory definition.
URS was retained by the Town of Vail to perform an independent survey of the Study Area
in August 2000, but did not complete the study at that time at the request of the Town. 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.
12
O ._.
tJonshead Reinvestment Study
6.0 STUDY METHODOLOGY
February 2004
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: Documentafion 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.
l~ J
13
Uonshead Reinvestment Study February 2004
1'~rr
7.0 DETERMINATION OF CONDITIONS WITHIN THE STUDY AREA
The overall findings of the Town of Vail Reinvestment Study Update are presented in this
secction. 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 Renewal 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 Deflclenc%s
These buildings or sites contained deficiencies which required minor/major repairs to
secondary structural elements such as fascia/sofFits, gutter/downspouts, exterior
finishes, windows, doors, stairwells, and fire escapes. Sites with pavement deterioration
of 25-75% of the site were considered minor deficiencies, These type of deficiencies
might possibly be corrected through nom-al 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
replacement 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. Most 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 Deficiencies" category typically contained superficial exterior
deficiencies such as the need for 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.
UR.S 14
Uonshead Relnvesbnent Study
t~
Faulty Street Layout
Febnrary 2004
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
without 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 for 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 large volume of pedestrian traffic crossing from parking. See Photos 12 and 18 in
Appendix B for examples of this condition.
Faulty Lot 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.
Unsanitary or Unsafe Conditions that Endanger Lite 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, delivery vehicles, and the regional
transit buses. Pathways pedestrians use to get to the ski yard are narrow and icy during the
winter. Overflow parking, on streets during the peak season. creates a dangerous conflict
befinreen through-vehicle traffic and pedestrians. Pedestrian access to the mall 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 western end of the parking structure located off of I-70, which
is not designated for this purpose, create unsafe conditions for 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. Some 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 B for
examples of this condition.
15
Uonshead Reinvestment Study February 2004
l` ~ .
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 forms of deterioration include the poor quality of retaining walls and site
furniture in the mall area. See Photos 1, 2, 3, 4, 5, 7 and 13 in Appendix B for examples of
this condition.
Defective or Unusual Conditions of Title Rendering the Title Non-marketable
Throughout the Study Areas are parcels containing obsolete and restrictlve 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 titles become 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
and/or pedestrian accidents. Additionally, the steep terrain contributes to the unusual shape
of many parcels, the inefficient arrangement of many streets and driveways, and the
orientatlon 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 some locations, ground level retail
extensions make the vertical mass of buildings inaccessible to fire protection (fire
department ladders cannot reach buildings). In other instances, residential buildings do not
provide the 150 foot frontage required for fire/emergency 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 fuming radii. Additionally, winter snow creates icy roadways in
addition to limiting space for adequate fire truck/emergency vehicle passage in some 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
S 16
llonshead Reinvesbnent study February 2004
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 Town, it was determined that this factor alone is insufficient to qualify as a finding of
blight under the "existence of conditions that endanger life or property by fire and other
causes" criterion.
Buildings That Are Unsafe or Unhealthy for Persons to Llve 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 ail communities as a part of the ever-
changing nature of the built environment. However, it is reasonable to expect that before a
finding 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 for 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 resol~red in court. Unpaved parking lots
gravel) in the Study Area cause soil contamination from cars leaking gasoline, automobile
oil, and anti-freeze. Stormwater running off from paved surtaces 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 Improvements 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 4 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 a-e present
in the Study Area. Stormwater runoff from 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 Photos 16 and 19 in Appendix
B for examples of this condition.
17
Uonshead Reinvestment Study
8.0 SUMMARY OF FINDINGS
Febn~ary 2004
The conclusion of this study is based on 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. Faultv Street Lavou~. Within the Study Area, there is the presence of faulty street
layout that does not provide adequate street access for motorists, pedestrians
and/or emergency vehicles. Turning lanes are needed to ensure adequate traffic
flow at certain intersections.
2. Faultv Lot Lavouti, 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 Conditions: 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.
Q : ~ 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 multiple 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 topography. There is the presence of condiflons 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 recommendation of this study that the Study Area, in its present
condition and use, as of February 2004, meets eight of the criteria in Colorado Revised
18
Jonshead Reinvestment Study February 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 Secction 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 identified in this Report could lead to a decline in many of the
private structures in the Study Area.
19
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Uonshead Reinvestment Study
Appendix B: Photograph Survey of Conditions that Meet
Colorado Urban Renewal Law Criteria
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UR.S
February 2004
i
Lionshead Reinvestment Study February 2004
Photo 1 Site maintenance problem with deteriorated brick pavers.
Photo 2 This is a photograph of a base of what used to be a street light. See metal nails exposed at
the top.
7
Lionshead Reinvestment Study February 2004
Photo 3 Deteriorated stairs and poor drainage.
Photo 4 Poor drainage and curb deterioration.
i
Lionshead Reinvestment Study February 2004
Photo 5 This is a photograph of handrail posts that have rusted through with concrete erosion on a
mall stairway (concrete erosion is common and results from the freeze/thaw cycle that occurs along
with snow cats that chip away ice and snow -and concrete - to clear walkways and roadways).
Photo 6 Evidence of unscreened trash found in the Study Area.
Lionshead Reinvestment Study
Photo 7 Evidence of settling sidewalks cracking in the Study Area.
February 2004
Photo 8 Conflicts between delivery vehicles, motorists, and pedestrians often occurs at this site, and
are exacerbated by the presence of snow and ice during the peak season.
Lionshead Reinvestment Study
Photo 9 Inadequate and unsafe drainage pipe existing in a drive through area.
February 2004
Photo 10 Poor drainage and cracked pavement.
Lionshead Reinvestment Study February 2004
Photo 11 Presence of trash, lack of site maintenance, and cracked pavement.
Photo 12 Faulty street and lot layout of these two parcels (parking lot of public utility plant adjacent to
a public maintenance facility parcel) requires an easement from the property owners of the right
parcel to provide adequate street access to the parcel on the left.
Lionshead Reinvestment Study February 2004
Photo 13 Deteriorating walls of parking facilities (inside underground lot buckling walls due to
hydrostatic pressure build up).
Photo 14 This parking deck can not support the weight of a fire truck, which limits access to the
building in the event of an emergency.
Lionshead Reinvestment Study
L'~1^i
February 2004
Photo 15 Unpaved parking areas lead to environmental contamination due to fluids leaking from
motor vehicles.
Photo 16 Steep driveways become troublesome and potentially dangerous during the winter.
r~
Lionshead Reinvestment Study
1~
February 2004
Photo 17 This turnaround has the potential for many pedestrian and vehicle conflicts that would only
be exacerbated by increased visitation and icy conditions during the peak season.
Photo 18 Faulty street layout adds to potential pedestrian/vehicle conflicts.
Lionshead Reinvestment Study February 2004
Photo 19 Lack of walkways increases risks for pedestrian and vehicle conflicts.
A1TAC@,.s~~ 5
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
Monday, February 23, 2004
PROJECT ORIENTATION -Community Development Dept PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
John Schofield
Erickson Shirley
George Lamb
Rollie Kjesbo
Doug Cahill
Gary Hartman
Chas Bernhardt
MEMBERS ABSENT
Site Visits
1. The Ruins -1000 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 for dinner from 6:00 - 6:30
Public Hearinq -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) to High Density
Muftiple Family (HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Road/
Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and Inn at West Vail Lot 1, Block A, Vail Das
Schone Filing 3, in accordance 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
MOTION: Cahill SECOND: Kjesbo VOTE: 7-0
TABLED TO MARCH 8, 2004
Matt Gannett stated that in order for.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 for a major amendment to Special
Development District #4, Cascade Village, pursuant to Section 12-9A-10, Vail Town Code to
allow for the adoption of a Development Plan for the development of a new multiple-family
structure, Located at 1000 W. Frontage Rd./Cascade Village, Development Area A, and setting
forth details in regard thereto.
Applicant: Ramsey Flower and Greg Walton
Planner. George Ruther
MOTION: Cahill SECOND: Kjesbo
TABLED TO MARCH 8, 2004
VOTE: 7-0
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TOWNOFY~
3. A request for 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 WestNaii Potato
Patch, Red Sandstone Elementary School, and setting forth details in regard thereto.
C _.
Applicant: VRD -Vail Gymnastics Facility, represented by Fritzlen Pierce Architects
Planner. Matt Gannett
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.
s# paFk+~-eveFRew:
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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 for
revocation of the conditional use permit for the gymnastic facility
3. The hours of operation for the use of the gymnastic faciliiy 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 County School District, Vail Recreation District, and Town of Vail. Said Agreement
shall be in place prior to the issuance of a Certiflcats of Occupancy for the facility.
f". '
Matt Gannett 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 amendments 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 for a recommendation to the Vaii Town Council that the Lionshead Public
Facilities Development Plan is consistent with the Vail Comprehensive Plan. The specific
description and area for 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 70 in the
Town of Vail.
Russell Forrest made a presentation to the Commission describing the need for the Pian per the
staff memorandum. Staff recommended that the Commission forwards a recommendation of
approval of the Plan to the Vai! 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 "recenfly" established covenants. The Commission indicated that
criteria for 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
2
covenants furthered the goals of the town as documented in the adopted 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 goats and objectives of the Town's master plan and adopted planning
documents.
The Commission made motion that:
That upon review of the proposed Lionshead Public Facilities Development Plan,
the Planning and Environmental Commission finds that the plan, as proposed, is in
conformity with the Town of Veil's comprehensive plan as stated in section VI of this
memorandum. The Commission's determination of findings is based upon review of
the criferia and the Testimony and evidence presented on this application.'
Applicant: Vail Reinvestment Authority
Planner. Russell Forrest
MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1(Shirley)
5. A request for a recommendation to the Vail Town Council that the P-38J Reinvestment Plan is
consistent with the Vail Comprehensive Plan located at Lots P3 ~ J, Block 5A, Vail Village 5~'
Filing.
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 Commission discussed both Items 4 and 5
on the agenda concurrently.
The PEC found:
That upon review of the proposed P-3 8~ J Reinvestment Plan, the Planning and
Environmental Commission finds that the plan, as prrlposed, is in conformity with the
Town's comprehensive plan as stated in section VI of this memorandum. The
Commission's determination of findings is based upon rtsview of the c-fteria and the
testimony and evidence presented on this application."
Applicant: Vail Reinvestment Authority
Planner. Russell Forrest
MOTION: Kjesbo SECOND: Cahill VOTE: 7-0
6. A request for a recommendation to the Vaii 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 III Employee Housing Units and
a fractional fee club; and a request for a necommendation 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 9A8 9C, Vail Village 2nd Filing, and setting forth details in regard thereto.
Applicant; Nicollet Island Development Company Inc.
Planner. George Ruther
MOTION: Cahill SECOND: Kjesbo VOTE: 7-0
TABLED TO MARCH 8, 2004
3
7. A request for a recommendation to the Vail Town Council for the establishment of Special
Development District No. 38, Manor Vaii 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 ill
Employee Housing Units, pursuant to Section 12-8H-3, Vail Town Code, located at 595 Vail
Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto.
Applicant: Manor Vail, represented by Melick and Associates
Planner. Warren Campbell
MOTION: Cahill SECOND: Kjesbo
TABLED TO MARCH 8, 2004
11. Approval of minutes
MOTION: Cahill SECOND: Hardpan
12, information Update
Irwin Variance Appeal
13. Adjournment
MOTION: Kjesbo SECOND: Lamb
VOTE: 7-0
VOTE: 7-0
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 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2358, Telephone far the Hearing Impaired, for information.
Community Development Department
Published, February 2D, 2004 in the Vaii Daily.
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