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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). 2 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 o~~ o F ~~q~ SEAL o~o~~ U 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 To~~oFti~ j 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. L'1 ~ ^~ i~ Ei~GLE Colorado G ~ IN'. ~.~ . f I Figure 1 Study area general Location Map 1~ji~'K a~ 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. 3 I i c~. ~ ~ ~ a~ ~ ~ ~ . i a Ve t_ i P. C~ Lionshead Reinvestment Study February 2004 z 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. V i~~7 7 im ma tl J C W u t d' m Q N ~ ~ 3 LL ~ C W Q~ a o Q. k N ~~ ILfl-~ N DQ a t~,. 4 '4 , yya r ~ 4 t ts~~ W 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 e e F~ m 5 3 z a S y 0 E a 2 Uonshead Reinvestment Study Appendix B: Photograph Survey of Conditions that Meet Colorado Urban Renewal Law Criteria r~ 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 t 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: aRtl-~astiVitie6: =' ~+, 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. 4