HomeMy WebLinkAbout2004-12 Approving the P-3 and J Reinvestment PlanRESOLUTION NO. 12
Series of 2004
A RESOLUTION FOR APPROVING THE P-3 ~ J REINVESTMENT PLAN AND FINDING
THAT THE P-3 8~ J 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 P-3 & J 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 P-3 & J Area which is subject to the P-3 & J Reinvestment Plan is
described in Figure 1 of the P-3 & J Reinvestment Plan; and
WHEREAS, the Town Council of the Town of Vail adapted the Vail Village Master Plan
and the Vail Village Streetscape Plans which are components of the Vail Comprehensive Plan,
and
WHEREAS, the P-3 & J Reinvestment 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 Town of Vail Planning and Environmental Commission has determined
that the P-3 & J Reinvestment Plan does conform to the Vail Comprehensive Plan; and
WHEREAS, no property in the P-3 & J 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 Vail has published the notice of the time,
place, and purpose of the public hearing to consider the adoption of the P-3 & J Reinvestment
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 P-3 & J Reinvestment Plan to property owners,
residents, and business owners within the proposed P-3 & J 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 P-3 & J Reinvestment Plan as well as such additional information as is required by C.R.S.
31-25-107(3.5); and
WHEREAS, the Eagle County School District has received notification of and copies of
the P-3 & J Reinvestment Plan and has been given an opportunity to participate in an advisory
capacity; and
Resolution No. 12, Series of 2004
WHEREAS, no more than one hundred twenty days have passed since the
commencement of the first public hearing of the urban renewal plan.
WHEREAS, the Town Council of the Town of Vail has considered the P-3 & J
Reinvestment Study prepared by URS Corporation and the proposed Lionshead Urban
Renewal 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 P-3 & J Urban Renewal
Area as documented by the P-3 & J Reinvestment Study prepared by URS Corporation and
based on evidence presented at the public hearing and as reflected in the P-3 & J Reinvestment
Plan. The following blight factors are present in the P-3 & J Urban Renewal Area: Defective 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 Ptan Area.
2. Pursuant to C.R.S. § 31-25-1-3(2)(I), the owners of Lots P-3 & J, Vail Associates
Holdings, Ltd., and the Town of Vail, has advised the Town Council that it does not object to the
designation of blight for the Plan Area based on the presence of one blight condition.
3. The P-3 & J Urban Renewal Area as shown in Figure 1 of the P-3 & J Reinvestment
Plan 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.
4. The boundaries of the P-3 & J Urban Renewal Area have been drawn as narrowly as
feasible to accomplish the planning and development objectives for the P-3 & J Urban Renewal
Area.
5. The P-3 & J Reinvestment Plan conforms to the Vail Comprehensive Plan, which is
the general plan for the development of the Town of Vail.
6. 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).
7. The P-3 & J Reinvestment 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 P-3 &
J Plan area by private enterprise.
8. The acquisition, clearance, rehabilitation, conservation, development or
redevelopment or a combination thereof of the P-3 & J Urban Renewal Area pursuant to the P-3
Resolution No. t2, Series of 2004 2
8~ J Reinvestment Plan is necessary in the best interests of the public health, safety, morals,
and welfare of the citizens of the Town of Vail.
9. The P-3 & J Reinvestment Plan is hereby approved.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of March, 2004.
Rodney E. Slifer, Mayor Town of Vail
ATTEST:
1Q
Ltirele' Donaldson,
Resolution No. 12, Series of 2004
Town Cterk, Town of Vail
3
P-3 & J REINVESTMENT PLAN
VAIL REIN~lESTMENT AUTHORITY
MARCH 2004
Revised March 1S, 2004
MllR159599.01 \466495.2
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................1
1.1 Preface ........................................................................................................................1
1.2 Background .................................................................................................................1
1.3 Definitions ...................................................................................................................1
2. LE GISLATIVE FINDINGS ...................................................................................................2
2.1 Qualifying Conditions ...................................................................................................2
2.2 Projects .......................................................................................................................2
2.3 Planning Approval .......................................................................................................2
2.4 Consultation ................................................................................................................2
2.5 Public Hearing .............................................................................................................3
2.6 Boundaries of the 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 ..........................................................................~
4.3 Redevelopment Agreements .......................................................................................
4.4 tnteragencv Cooperation .............................................................................................5
5. MODIFICATIONS TO THIS PtAN ...................................................................................... 5
6. TERMINATION ................................................................................................................... 5
Ml]R159599.011466495.2 1
P-3 ~ J REINVESTMENT PLAN
March 2004
I. INTRODUCTION
1.1 Preface
This P-3 8~ J Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment
Authority ("VRA"} for adoption by the Town Council of the Town of Vail pursuant to
provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31,
Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the
requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the
governing body of the municipality before an urban renewal authority undertakes an
urban renewal project. The administration of this project and the enforcement and
execution of this Plan shall be performed by VRA.
1.2 Background
The site, commonly known as Lots P-3 & J, is located in the center of Vail Village,
proximate to the Vail Village Base Area, across Hanson Ranch Road 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 creates congestion and at times
obstructs traffic. 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 Vista Bahn ski lift. The benefits of the redevelopment of
P-3 8 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 8~ 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 Lots P-3 & J 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 Deflnitions
Cooperation Agreement: Any agreement befinreen 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 P-3 & J Reinvestment Plan as it may be modified from time to time.
MUR~59599.01 \466495.2
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 an urban renewal
project 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.
2. LEGISLATIVE FINDINGS
2.1 Qualifying Conditions
Based on the P-3 & 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 defined 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: Defective or unusual conditions of title rendering the title unmarketable.
Restrictive covenants controNing 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 with or have been ignored by prior development.
Pursuant to § 31-25-1-3(2)(I), the owner of Lats P-3 8 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 of this factor 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 Pfan Area is appropriate for one or more urban renewal projects and other
undertakings of the VRA as authori2ed by the Urban Renewal Law.
2.3 Planning Approval
The Town Council has adopted a general plan for the Town of Vail, known as the Vail
Comprehensive Plan. The Planning and Environmental Commission met on
February 23, 2004, and has submitted its written recommendation via a staff
memorandum that the P-3 & J Reinvestment Plan is in conformity to the Vail
Comprehensive Plan.
2.4 Consultation
This Plan has been submitted to the Board of County Commissioners of Eagle County
as required by the Urban Renewal Law. The Eagle County School District has been
advised of this Plan and has been given an opportunity to provide comments.
MUR159599.011466495.2 2
2.5 Public Hearing
The Town Council of the Town of Vail has held a public hearing to consider this Plan
after public notice thereof in compliance with the Urban Renewal Law in the Vail Daily,
describing the time, date, and purpose of the public hearing, identifying the Plan Area
and outlining the general scope of the projects being considered for implementation
pursuant to this Plan. Pursuant to C.R.S. §31-25-107(3), notice of the public hearing
was provided to owners, residents, and business owners in the Plan Area at their {ast
known address at least 30 days before the date of the public hearing.
2.6 Boundaries of the Pian Area
The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The
Town Council finds that the boundaries of the Plan Area have been drawn as narrowly
as feasible to accomplish the planning and development objectives of this Plan.
2.7 Other Findings
2.7.1 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 the redevelopment of the property 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.
2.7.2 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
accommodations and business locations can be made available.
2.7.3 The powers conferred by the Urban Renewal Law are for public uses and
purposes for which public money may be expended and the police
powers exercised, and this Plan is in the public interest and necessity,
such finding being a matter of legislative determination by the Town
Council.
2.7.4 This Plan will afford maximum opportunity, consistent with the sound
needs of the Town as a whole, for the rehabilitation or redevelopment of
the Plan Area by private enterprise.
MIJR\59599.01 \466495.2
3. DESCRIPTION OF PLAN OBJECTIVES
This Plan is an important toot to address the problems confronting the Vail Village area.
The Plan helps to further the goals for the area previously outlined in the Vail
Comprehensive Plan. The objectives for the Plan include the following:
Create a sense of place and an improved aesthetic character for Vail Village for
both residents and guests.
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 within 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 Property Acquisition
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 those restrictive covenants and
other conditions of title which interfere with new private investment, with 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 other commercial
establishments as a result of any property acquisition, VRA may adapt 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.
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 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
MUR159599.011466495.2 4
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 or 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 Renewal Law. Cooperation Agreements may
provide, without limitation, for financing, for construction of public improvements, for
administration, for technical assistance and for other purposes.
5. MODIFICATIONS TO THIS PLAN
This Plan may be amended or modified pursuant to provision of the Urban Renewal Law
as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate
notification in accordance with the Urban Renewal Law, including submission to the
Board of County Commissioners of Eagle County and written notice provided to all
property owners, residents, and owners of businesses in the Plan Area not less than 30
days prior to the consideration of a substantial 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 redevelopment in the Plan Area.
F:1UserslcdevlcounciMtemos1041march 152004.DOC
MUR~59599.01~466495.2 5
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MUR\59599.1\4bbA95.2 t
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Town of Vail -Parcels P3 ~ J Reinvestment Study
Tabie of Contents
February 2004
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 ............................................................................8
6.0 Field Survey Findings ................................................................................................................11
7.0 Summary of Findings ............................................................................................13
Table of Exhibits
Exhibit 1: Regional Context Map ............................................................................................................ 3
Exhibit 2: Study Area Map ..................................................................................................................... 4
Exhibit 3: Selected Study Area Photographs ........................................................................................14
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UR.S
Town of Vail -Parcels P3 & J Reinvestment Study
1.0 Reinvestment Study Purpose
February 2004
The purpose of this reinvestment study is to determine whether the Vail Parcels P3 ~ 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 for such urban renewal efforts as the Town of Vail
may deem appropriate to prevent further deterioration and blight.
U'R_S
Town of Vail -Parcels P3 8 J Reinvestment Study
2.0 Study Area Location and Definition
Febroary 2004
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 approximately one and a half acres in size and consists of 2 real estate parcels:
Parcel P3 and Parcel J, and portions of the public right-of--way.
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Town of Vail -Parcels P3 & J Reinvestment Study
Colorado
ra+n+'a~1
February 2004
l
Exhibit 1: Regional Context Map
Town of Vail -Parcels P3 & J Reinvestment Study February 2004
Legend N
Study Area
Boundary
Parcel
Boundary
ryo~Y~ 4
V iW
Exhibit 2: Study Area Map
Town of Vall -Parcels P3 $ J Reinvestment Study February 2004
3.0 Study Area Description
The Study Area is located in the Vail Village part of the Town of Vail. The site consists of two parcels
and portions of the public right-of-way and totals approximately one and a half acres in area. The
Study Area sits near the heart of Vail Village and is surrounded by mixed-use commercial and
residential developments. Parcel P3 contains the western half of an asphalt parking lot and an
adjacent strip of landscaped lawn. Parcel J contains the eastern half of the same parking lot and
landscaping. Surrounding these two parcels on the north, west, and south sides is the public right-of-
way for Gore Valley Drive, South Hanson Ranch Road, and a short north-south connector street.
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 Vaii Associates. The public right-of--way portion of the Study Area
is owned by the Town of Vail.
5 URS
Town of Vail -Parcels P3 & J Reinvestment Study February 2004
4.0 Colorado Urban Renewal Law
In the Colorado Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (the "Urban Renewal Law"),
the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious
to the public health, safety, morals, and welfare of the residents of the state in general 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 or arrests the
sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic
problems and impairs or 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 Renewal
Law requires a finding by the appropriate governing body that an area such as the Study Area
constitutes a blighted area. Id. § 107(1).
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. 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
of least four of the following factors, substantial/y 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. Detective or unusual conditions of title rendering the title non-marketable;
h. The existence of conditions that endanger life or property by Lire and other causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in;
j. Environmental contamination of buildings or property; or
k. Inadequate public improvements or utilities."
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Town of Vail -Parcels P3 & J Reinvestment Study
Second, the presence of one well-maintained building 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 or parcel-by-parcel basis.
Additionally, paragraph (l.} states, "if there is no objection by the property owner or owners and the
tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal
area, `blighted area' also means an area that, in its 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 Colorado 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."
C~
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 conclusion is based upon factual evidence and consistent with the
statutory definition.
February 2004
URS was retained by the Town of Vail to perform an independent survey of the Study Area and to
determine if it constitutes 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.
w~7 L•11_^_i
Town of Vail -Parcels P3 & J Reinvestment Study February 2004
5.0 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 Deteriorating Structures
Field survey efforts examining this blight 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 for this blight criterion evaluates the effectiveness or adequacy of the streets
that surround and penetrate the Study Area. Factors in this section include:
Poor vehicular access to buildings or sites
Poor internal vehicular circulation
Substandard driveway or curb cut definitions
Poor parking tot layout or access
The identification of deficiencies in these transportation-related areas is made through both observation
in the field as well as through an analysis of Study Area site plan maps and the Study Area's overall
integration with the surrounding transportation network.
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Town of Vail -Parcels P3 & J Reinvestment Study February 2004
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, 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
Non-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, orientation, location, and size of
parcels, and if these attributes would negatively impact the potential for development or redevelopment.
The analysis is pertormed 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 {it or 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 on conditions that indicate 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
Unscreened trash or mechanical equipment
Parking surtace and/or parking curb deterioration
General site maintenance problems
Lack of landscaping
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Town of Vail -Parcels P3 R J Reinvestment Study
Unusual Topography
The focus in this section is on 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 tit{es 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 or frontages
Insufficient fire and emergency vehicle turning radii
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In
Some of the conditions that can contribute to this blight criterion include:
Poor structural design or construction
Inadequate or improper installation of electrical, mechanical, or other utility components
Lack of sanitary water or sewer systems
Environmental Contarninatlon of Buildings or Property
Factors evaluated in this section include the presence of hazardous substances, liquids, or gasses
found within the soils, structures, water sources, or 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:
February 2004
Deterioration of street pavement, curb or gutter
Insufficient street lighting
Presence ofi overhead utilities
Lack of sidewalks
10 1; .
Town of Vail -Parcels P3 8 J Reirnts~..ant Study
6.0 Field Survey Findings
February 2004
The overall findings of the Vail Parcels P3 & J Study Area field survey 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
As there are no structures located with the Study Area, there is no evidence of blight under this
criterion.
Predominance of Defective or Inadequate Street Layout
No evidence of defective or inadequate street layout was observed within the Study Area.
Faulty Lot Layout
No evidence of faulty lot layout was observed within the Study Area.
Unsanitary or Unsafe Conditions
At the time of the field survey in January 2004, the parking lot and adjacent streets in 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 Sfte 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 lot from the condominium building to the east of 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 lot was bent and its surface weathered.
Neither of these conditions, however, reflect 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 environment, and both can be fixed through simple maintenance. The parking lot and the
surrounding grounds are generally inwell-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 Non-marketable
There does exist within the Study Area the presence of defective or unusual conditions 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
11 '~
Town of Vail -Parcels P3 8 J Reinvestment Study
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 conditions that endanger life or property by fire and other causes was observed within
the Study Area.
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In
As there are no buildings within the Study Area, there is no evidence of this blight criterion.
Environmental Contamination of Buildings or Property
No evidence of environmental contamination of buildings or property was observed within the Study
Area.
February 2004
Inadequate Public Improvements or Utilities
No evidence of inadequate public improvements or utilities was observed within the Study Area.
iDINY~YAB,V
12
Town of Vail -Parcels P3 8 J Reinvestment Study February 2004
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 condition found in the Study Area and
described previously in Section 6.0:
1. Defective or Unusual Conditions of Tale Rendering the Title Non-marketable. There is direct
knowledge anal evidence that the titles for the properties within the Study Area known as Parcel
P3 and Parcel J contain several restrictive covenants that create an adverse condition of title
that renders the titles non-marketable.
As noted in Section 4.0, paragraph (l.) of the pertinent statute states, "if there is no objection by the
property owner or owners and the tenanf or tenants of such owner or owners, if any, to the inclusion of
such property in an urban renewal area, `blighted area' also means an area that, in its present condition
and use and, by reason of the presence of any one of the factors specified in paragraphs (aJ to (k) of
this subsection...."
The property owners of Parcel P3 and Parcel J and the Town of Vail do not object to a finding 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 (L) have been met. 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 to the public health, 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.
13 '~
mimot~ `
Town of Vail -Parcels P3 8 J Reinvestment Study
Exhibit 3: Selected Study Area Photographs
February 2004
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