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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 k .~ ~~ ~ IY •uyk •M .:fit 4.'~' f~ LSYYi.~~ prepared by: for: TOW.VOF ' ' GiQO~eQ~4~Q~4 ~S4ad FInaI HeE February 2004 ~ FIGURE MUR\59599.1\4bbA95.2 t o . 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 woe 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. aw~`oF~V 2 V iW 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." 6 ~~ mw 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. a~8 TJILS 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 9 ~~ 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 14 '~ 1 r 7 C N V) N C I N N U f6 a 0 0 N 7 i D 7 C N N N C N N U f0 a r r i F~ '4~ y~ y 44 i~~. r 1j~ i 6,M ! 1M1 f 7 5 Y t k S.~ .P C Q~ E N N 7 C N N R a 0 0 rI C d N N 7C 06 M a 0 c 0 r f 1 t rraN i i lV 7 J N LL. i O l"' N J LL N r J 0 c 3 0 H r N