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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Deparlment of Community Development
September 24,2001
A request for a major subdivision, a request lo amend the Vail Land Use Plan to
change the designalion from "Open Space" to "High Density Residential", and a
request for a rezoning from "Natural Area Preservation District" lo "Housing Zone
District" to allow for the development of employee housing at the site known as
Mountain Bell, located on an unplatted piece of property at 160 Norlh Frontage
Road. A complete metes and bounds legal description is available at the
Department of Community Development.
Applicant: Town of Vail Housing Authority, represenled by OdellArchiteclsPlanner: Allison Ochs
il.
DESCRIPTION OF THE REQUESTS
The Town of Vail Housing Authorily, represented by Odell Architects, is in lhe process of
developing employee housing at the Mounlain Bell site. The first step in this process
includes the following actions:
1. A major subdivision, to allow lor the planing of lhe site known as Mountain Bell.
The subdivision will be known as "Middle Creek Subdivision," and willconsist of
Lot 1 (lhe housing site, known as Middle Creek Village), Lot 2 (the Mountain Bell
tower site), and Tract A (the open space parcel). This is discussed in Section V
of this memorandum. Reductions of the preliminary plat are attached in
Appendix A.
2. A Land Use Plan amendment, lo change the land use designation from "Open
Space" to 'High Density Residential"of Lot 1, Middle Creek Subdivision. This is
discussed in Section Vl ol this memorandum. (Refer to Appendix B).
3. A rezoning, to rezone Lot 1, Middle Creek Subdvision, from "Natural Area
Preservalion District" to "Housing Zone District". This is discussed in Section Vll
of this memorandum. (Refer to Appendix C).
BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY
The Mountain Bell site was annexed into the Town of Vail by Ordinance No. 8, Series of
1969. In 1974, as part of an agreemenl with VailAssociates, lnc., regarding bus service,
the property was deeded lo the Town of Vail. A portion of the site is owned by Qwest
and is the site of the Mountain Bell tower. In addition, ABC and Learning Tree are
located on the sile. The remainder of the site is currently open space. A lille report has
been attached in Appendix D.
ROLES OFTHE REVIEWING BOARDS
A. MAJOR SUBDIVISON
Plannino and Environmental Commission:
Action: The Planning and Environmental Commission is respnsible for final
approval/denial of a maior subdivision.
The PEC shall review the proposal and make a recommendation to the Town
Council on the compalibility of the subdivision wilh sunounding uses, consistency
with the Vail Comprehensive Plans, and impact on the general welfare of the
community.
Desiqn Review Board:
Action: The DRB has NO review authority on major subdivisions..
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning and Subdivision
Regulations.
Staff provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findirqs,
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitales the review process.
LAND USE PLAN AMENDMENT
Planninq and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town
Council on the consistency of the proposed amendment with applicable review
criteria and the policies, goals and objectives outlined in the Vail Land Use Plan
and other applicable masler plan documents.
Desion Review Board:
Action:The DRB has NO review author$ on Land Use PIan amendments.
Slaff:
The slaff is responsible for ensuring lhat all submittal requiremenls are provided.
The staff advises the applicant as to consislency of the proposed amendmenl
with applicable review criteria and the policies, goals and obiectives oullined in
the Vail Land Use Plan and other applicable master plan documents.
Staff provides a slaff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findings,
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
Town Council:
Action:The Town Council is responsible tor tinal approval/denial of a Vail Land
Use Plan amendment.
The Town Council shall review and approve lhe proposal based on the
consistency of the proposed amendment with applicable review criteria and the
policies, goals and objectives oullined in the Vail Land Use Plan and other
applicable masler plan documenls.
C. REZONING REQUEST
Planninq and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town
Council on the compatibility of the proposed zoning with surrounding uses,
consistency with the Vail Comprehensive Plans, and impact on the general
wellare of the community.
Desiqn Review Board:
Action:The DBB has NO review authority on zoninghezonings.
Slaff:
The staff is responsible for ensuring thal all submittal requiremenls are provided.
The slaff advises the applicant as to compliance with lhe Zoning Regulations.
Staff provides a stafl memo containing background on the property and provides
a stafl evaluation of the project with respect lo the required criteria and findings,
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a
zoninghezoning.
IV. STAFF RECOMMENDATION
A MAJOR SUBDIVISION
The Community Developmenl Department recommends that the Planning and
Environmental Commission approve the preliminary plat for Middle Creek
subdivsion located at a Part of the S1/2 of the sE1/4 Section 6, Township 5
South, Range 80 West of the Sixth Principal Meridian, based upon the criteria
evaluated in Section V of this memorandum. The recommendation of approval
includes the following findings:
'1. That the application is in compliance with the intent and purposes of the
Major Subdivision Chapter, the Zoning Ordinance and other pertinent
regulations that the Planning and Environmental Commission deems
applicable.
B.
2. Thal the application is appropriate in regard to Town policies relating to
suMivision control, densities proposed, regulalions, ordinances and
resolutions and other applicable documents, environmental integrity and
compatibility with the surrounding land uses and other applicable documents,
and effects on the aesthelics ol the Town.
In addition to the findings above, staff recommends the following conditions:
1. At any time within one year after the Planning and Environmental
Commission has completed its review of the preliminary plat, the applicant
shall submit a final plat to the Department of Community Development for
review by the Planning and Environmental Commission.
2. The final plat shall not be filed with lhe Office of lhe Clerk and Recorder of
Eagle County, Colorado until such date that the Planning and Environmental
Commission has approved a development plan for Lot 1, Middle Creek
Subdivision.
LAND USE PLAN AMENDMENT
The Department of Community Development recommends the Planning and
Environmenlal Gommission forward a recommendalion ol approval of the
proposed amendments to the Vail Land Use Plan, based upon the criteria for
evaluation listed in Section Vl of this memorandum and the following findings:
1. The proposed plan amendmenl is consislent with the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and
compatible with the Town ol Vail's development objectives.
2. That the proposed amendment is compatible with and suitable lo adjacent
uses and appropriate for lhe area.
3. That the proposed amendmenl is in the best interest of the public health,
welfare and safety.
In addition to the findings above, statf recommends the following condition:
1. That the Land Use Plan amendmenl shall take effect on such date that the
final plat for Middle Creek Subdivision has been filed with the Office of the
Clerk and Recorder of Eagle County, Colorado.
REZONING REQUEST
The Department of Communily Developmenl recommends that the Planning and
Environmental Commission fotward a recommendation of approval of the
proposed rezoning, based upon the criteria for evaluation listed in Seclion Vll of
this memorandum and the following findings:
V.
1. The proposed rezoning is consistent with the adopted goals, objeclives and
policies outlined in the Vail Comprehensive Plan and compalible wilh the
Town of Vail's development obiectives.
2. That the proposed rezoning is compatible with and suitable to adjacenl uses
and appropriate for the area.
3. That the proposed rezoning is in the best interest of the public health, welfare
and safety.
ln addition lo the findings above, staff recommends the following condition:
1. That the Land Use Plan amendment shall take eflect on such date that the
final plat for Middle Creek Subdivision has been approved and filed with the
Office of the Clerk and Recorder of Eagle County, Colorado.
MAJOR SUBDIVISION
A. GENERAL OVERVIEW OF A MAJOR SUBDIVISION
Title 13, SuMivision Regulations, ol the Town ol Vail Municipal Code establishes
the review process and criteria for a major subdivision proposed in the Town of
Vail. Pursuant to Chapter 13-3 (Major Subdivision) of the Town Code, the first
step in the review process is for the applicant to meet with a Town Planner to
discuss the preliminary plan. Staff has mel with the applicant on several
occasions to discuss the proposal and address submittal requirements. Staff
feels the applicanl has successfully complied with the initial step in the review
process.
The Town of Vail is required lo notily the following agencies thal a major
subdivision is proposed and that preliminary plans are available for review:
Department of Public Works.
Town Fire Department.
Town Police Departmenl.
Public Service Company of Colorado.
Holy Cross Eleclric Association.
U.S. West
Cablevision company serving lhe area.
National Foresl Service.
Eagle River Water and Sanitalion Districl.
Vail Recreation District.
Eagle County Ambulance District.
Other interested agencies when applicable.
All of the above agencies have been nolified.
The next step in the review process shall be a formal consideration of the
preliminary plan by the Town of Vail Planning and Environmental Commission.
The applicant shall make a presentation to the Planning and Environmental
Commission at a regularly scheduled meeting. The presenlation and public
a.
b.
c.
d.
e.
f.
s.
h.
i.
j.
k.
t.
hearing shall be in accordance with Section 12-3-6 of the Town Code' The
applicant's appearance before the Planning and Environmental Commission
today shall serve lo meet the public hearing and presentalion requirement'
The burden of proof that the application is in compliance with the intent and
purposes ol the Zoning Code and other pertinent regulations shall lie upon the
applicant.
In reviewing the preliminary ptan, the Planning and Environmenlal Commission
shall review the application and consider its appropriateness in regard to Town
policies relating to:
1. SuMivision Conlrol;2. Densities proposed;
3. Regulations;4. Ordinances, resolutions and olher applicable documents;
5. Environmental Integrity;
6. Compatibility with surrounding land uses;and
7. Effecls upon the aesthetics ol the Town and surrounding land uses.
The Planning and Environmental Commission shall have twenty-one days from
the date of the review ol lhe preliminary plan to approve, disapprove or approve
with conditions or modifications, the major suMivision request. Within ten days of
making a decision on the request, the staff shall forward the Planning and
Environmental Commission's decision to the Vail Town Council' The Council
may appeal the Planning and Environmental Commission's action. The appeal
must be placed within seventeen days of Planning and Environmental
Commission's action. lf the Council appeals the Planning and Environmental
Commission's action, the Councilshall hear substantially the same presenlation
by the applicanl as was heard at the Planning and Environmental Commission
public hearing. The Council shall have thirty days to affirm, reverse, or affirm with
modifications the Planning and Environmental Commission decision. The appeal
hearing shall be held during a regularly scheduled council meeling.
The final step in lhe review process of a major subdivision reguesl, after Planning
and Environmental Commission preliminary plan review, is the review of the final
plat. At any time within one year after the Planning and Environmental
bommission has taken action on the preliminary plan, a final plat shall be
submitted to the Town of Vail Community Development Department' The staff
shall schedule a final review of the final plal. The final review shall occur al a
regularly scheduled Planning and Environmental Commission public hearing.
Th-e review criteria for a final plat are the same as lhose used in reviewing lhe
preliminary plan as conlained in Sestion 13-3-4 of the Subdivision Regulations.
The Town of Vail has the ability to require certain improvements when approving
a major subdivision. The following improvements shall be required by the
applicant unless otherwise waived by the zoning administrator, Planning and
Environmental Commission, or Council:
1. Paved streets and parking lols;
2. Bicycle and pedestrian path linked with the town system and within the
subdivision itself;
3. Traffic control signs, signals or devices;
4. Street lights;
5. Landscaping;
6. Water lines and fire hydrants;
7. Sanitary sewer lines;
8. Storm drainage improvemenls and slorm sewers;
9. Bridges and culverts;
10. Electric lines:
11. Telephone lines;
12. Natural gas lines;
13.Olher improvemenls not specifically mentioned above but found necessary
by the Town Engineer due to the nature of lhe subdivision.
B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION
Section 13-3 of the Town of Vail Code provides the criteria by which a proposed
major suMivision is lo be reviewed. Section 13-3-4: Commission Review of
Application ; C ritera slates:
The burden of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes ot this Chapter,
the Zoning Ordinance and other pertinent regulations that the Planning
and Environmental Commission deems applicable. Due consideration
shall be given to the recommendations made by public agencies, utility
companies and other agencies consulted under subsection 13-3-3C
above. The Planning and Environmental Commission shall review the
application and consider its appropriateness in regard to Town policies
relating to subdivision control, densities proposed, regulations,
ordinances and resolutions and other applicable documents,
environmental integrity and compatibility with the surrounding land uses
and other applicable documents, effects on the aesthetics of the Town.
1. Subdivision Control
There are lhree lots being platled as part of this major subdivision
request:
Lot Zoning Lot Size Bulldable Area Frontage
Lol 1 Housing
(orooosed)
6.673 ac.
290.676 sq. ft.
4.573 ac.
199.200 sq. ft.
1145.75 fr.
Lot 2 General Use 1.096 ac.
47,742 so. tl.
Not applicable Via 40 ft.
easement
Tract A Natural Area
Preservation
17.226 ac.
750.365 sq. ft.
Not applicable 1545.02 ft.
Lol 1, Middle Creek Subdivision:
Lot 1 is proposed to be zoned to the Housing Zone District. According
Section 1 2-6f -1 0: Other Development Standards:
Prescribed By Planning and Environmental Commission: ln the H
District, development standards in each of the following categoies
shall be as proposed by the applicant, as prescribed by the
Planning and Environmental Commission, and as adopted on the
approved deve I oW e nt Pl an :
A. Lot area and site dimensions.
B. Building height.
C. Density control (including gross residentialfloor area).
Therefore, the Planning and Environmental Commission shall prescribe
lhe minimum lot size and frontage requirements. Slaff believes that the
lot size of 290,675.9 sq. ft. and the frontage ot 1145.75 ft. are appropriate
in this subdivision.
Lot 2, Middle Creek Subdivision
Lot 2 will remain zoned General Use. According to Section 12-9G-5:
D eve I opm e nt St a ndards:
Prescibed By Planning And Environmental Commission: ln the
General Use District, development standards in each of the
following categoies shall be as presaitbd by the Planning aN
E nvi ron me ntal Com m i ssi on :
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
Therefore, the Planning and Environmenlal Commission shall prescribe
the minimum lot size and frontage requirements. Staff believes that the
fot size ol 47 ,74'l .8 sq. ft. is appropriate lor this subdivision. The frontage
proposed for Lot 2 is via the existing platted access easemenl, which is
40 ft. Generally, the minimum frontage requirement wilhin the Town of
Vail varies from 30 ft. (residential zone districts) to 'l00 ft. (higher inlensity
commercial zone dislricts). Slaff believes lhal given the current access
and use of the sile, the 40 ft. access easement provides acceptable
access to the site. Therefore, slatf believes that no frontage is acceplable
for this subdivision.
Tract A, Middle Creek Subdivision
Tract A will remain zoned Nalural Area Preservation Districl. There are no
minimum lot size or frontage requiremenls in the Natural Area
Preservation District. Stalf believes that the configuration of Tract A is
appropriate for this subdivision.
Densities Proposed
The density proposed for the entire 25 acre site is 192 dwelling unils.
This is approximalely 7.68 dwelling unils per acre. However, lhe
devefopment will be cluslered on the 6.7 acre housing site. This will keep
devefopment out of the 40% slopes as required by the Chapter 12'2'l ot
the Town Gode.
Lot 1, Middle Creek Subdivision
Lot 1 is proposed to be zoned Housing Zone District, with a land use
designation of High Density Residential. The density allowed in the
Housing zone district is prescribed by the Planning and Environmenlal
Gommission. The applicant is currently proposing 192 dwelling units on
Lot 1. This is approximalely 42 dwelling units per buibable acre and 29.7
dwelling units per gross acre. For comparison, the density allowed in
Lionshead Mixed Use 1 is 35 dwelling units per acre' The land use
designation of High Density Residential states that density in this
designation would exceed 15 units per buibable acre. Slaff believes that
this density is appropriate for this subdivision.
Lot 2, Middle Creek Subdivision
Lot 2 is zoned General Use, with a land designation of Public/Semi-
Public. No dwelling units are proposed on Lot 2. The only allowable
dwelling units in the General Use Zone Dislrict are Type lll employee
housing units.
Tract A, Middle Creek Subdivision
Tract A is zoned Natural Area Preservation District, with a land use
designation of Open Space. No dwelling units are permitted in the
Natural Area Preservation District.
Requlations
Lot 1, Middle Creek Subdivision
Lol 1 is proposed to be zoned to the Housing Zone District. For a
discussion of the rezoning, please refer lo Section Vll of this
memorandum. The Housing Zone Districl regulations have been
attached in Appendix E for reference. The Housing Zone Dislrict requires
an approved development plan in conjunction with development on the
site. The rezoning is contingent on the Planning and Environmenlal
Commission's approval of the development plan.
Lot 2, Middle Creek Subdivision
Lot 2 will remain zoned General Use. The exisling use of the property will
continue. Any changes require an amendmenl lo lhe approved
development plan, subject to approval by lhe Planning and Environmental
4.
Commission. The General Use Zone District regulations have been
attached in Appendix F for reference.
Tract A, Middle Creek Subdivision
Tract A will remain zoned Natural Area Preservation District. The Natural
Area Preservalion District regulations have been attached in Appendix G
for reference.
Ordinances. resolutions and other applicable documenls
In reviewing this proposal, staff relied upon the Town Code and the Vail Land
Use Plan. The issues relating to the Town Code have been addressed
previously.
The Vail Land Use Plan contains goals which staff considers to be applicable lo
the major suMivision request. The applicable goals include:
1.0 GeneralGrowth/Development
1.1 Vail should conlinue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both the visitor and the permanenl
resident.
1.2 The quality ol the environment including air, water and other
nalural resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.6 Developmenl proposals on the hillsides should be evaluated on a
case by case basis. Limited development may be permitted for
some low intensity uses in areas thal are noi highly visible from
the Valley floor, New projects should be carefully controlled and
developed wilh sensitivity lo the environment.
1.7 New subdivisions should not be permilted in high geologic hazard
areas.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where
high hazards do not exist.
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5.
5.3 Affordable employee housing should be made available through
private efforts, assisled by limited incenlives, provided by the
Town of Vail wilh appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace
demands for a lull range of housing lypes.
The Vail Land Use Plan identifies lhis neighborhood as Medium Density
Residential. According to lhe Land Use Plan:
The medium densfi residential category includes housing which would
typicalty be designed as attached units with common walls. Densities in
this category would range from 3 to 14 dwelling units per buildable acre'
Additionaltypes of uses in this category would include private recreation
facilities, private parking tacilities and institutional/public uses such as
parks and open space, churches, and fire stations.
Environmental Inteqritv
According to the Town of Vail hazard maps, Middle Creek Subdivision is located
within a Medium Severity Rockfall hazard and Moderate Hazard Debris Flow. A
site-specific study has been completed by R.J. lrish, dated Augusl 16, 2001' and
is attached in Appendix H. The consulting engineering geologists acknowledges
that the risk of debris llow from the Middle Creek Valley lo be high during the
liletime ol the project, with a volume described as "small to quite large." The
report indicates that the entire site is located wilhin a high hazard debris flow
area. The report also suggesls that the risk could be minimized by mitigalion
measures. The report also acknowledges that the risk of rockfall is medium
during the lifetime of the project. Mitigation recommended by lhe reporl includes
dislodging exposed boulders by hand prior to construction. lt furlher stales that
any boulders would likely be trapped in the channel of the creek. The hazard
reports have been included for reference. Staff continues to have concerns
regarding the hazards on the site. The study indicantes that the entire site is
located within a high debris flow area. Staff believes that prior to the linal platting
of the site, the mitigation of this debris flow should be further examined'
Mitigation measures will be reviewed with lhe final platting of lhe site'
As required by Chapter 12-2'l ot the Town Code, no development will be
permitted on slopes greater than 40%. The lots have been configured to
minimize lhe 407" slopes on Lol 1.
An Environmental lmpacl Report has been completed by Stewart Environmental
Consultants, lnc., and has been attached in Appendix I for reference. The report
stated that while the proposed development of Lot 1 will have an impact on plant
and animal communilies presenlly inhabiting the properly, the loss of lhe 6'5
acres does not represent a significant impact to plant and animal communilies.
The report recommends that all trash dumpsters need to be made bear-proof and
exterior lighting will need lo be minimized. The report additionally stales lhat the
impact to Middle Creek could include runolf from paved parking areas. A
drainage study has also been included.
11
7.
A wetlands assessment is currently being performed and will be submitted prior
to final platting of the site.
The drainage report has been completed by Peak Civil Engineering, Inc., which
ls attached in Appendix J for reference. The drainage study stales that runoff
from the proposed development willfollow existing drainage patterns.
A preliminary traffic study has been attached in Appendix K for reference.
Generally, lhe study states that lhe traffic generated by lhe proposal will be less
than most aparlment complexes, due to the proximity to other forms of
transportation. When a design is finalized, a more in-depth study will be
provided.
All of the environmental studies will be updated to reflect the development plan
as the development of Lot 1 is refined. Allof the studies will be included in the
final review of the plat.
Compatibilitv with Surroundino Land Uses
Adjacent uses to the entire Middle Creek Subdivision include the following:
Solar Vail - a multipl+family housing proiect currently zoned High
Density Multiple Family.
Tract G, Vail Potato Palch - an open space tracl currenlly zoned Natural
Area Preservation Dislrict.
Parcel B, Spraddle Creek Ranch - an open space tracl cunently zoned
Nalural Area Preservation District. This property is adjacent lo Lol 1.
F70 Rightof-Way- land owned by CDOT but located within Town of Vail
boundaries. As a road right-of-way, there is no zoning on the
property. This property is adjacenl to Lot 1.
White River National Foresl - land owned by the United States Forest
Service outside of lhe Town of Vail boundary.
Staff believes that lhe subdivision is compalible with surrounding uses.
Etfects Upon the Aesthetics of the Town and Surroundino Land Uses
The existing Mountain Bell tower and struclure will not change with this
application. Approximately 17 acres will remain open space. Lot 1 will be
developed within the parameters of the Housing Zone Dislrict. According to
Section 12-6F11: Development Plan Required.
CompatibiliU With lntent: To ensure the unified development, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that development in the Housing District
will meet the intent of the District, a development plan shall be required.
As the development plan will be approved al a later date by the Planning and
Environmenlal Commission and the Design Review Board, staff believes that
12
vt.
there will be no negative effects upon the aesthetics of the Town and the
surrounding land uses.
LAND USE PLAN AMENDMENT
A. GENERALOVERVIEWOFTHEPLAN
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.
2. To serue as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulaled
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use calegories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map' The Land Use Plan is
not intended to be regulatory in nalure, but is intended lo provide a general
framework to guide decision making. Where the land use calegories and zoning
conflict, existing zoning controls development on a site.
To be effective, the Land Use Plan must be updated to reflect current thinking
and changing market conditions. The Vail Land Use Plan can be amended in
three ways:
1) The Community Development Department can update and revise lhe plan
periodically. The Community Development Department then makes
recommendations for the proposed changes to the Planning and
Environmenlal Commission, where these changes would then be considered
in a public hearing format. The Planning and Environmental Commission
would lhen make a recommendation to the Town Council, where another
public hearing would be held. The Council then adopts the changes by
resolulion.
2) The Planning and Environmental Commission or Town Council can also
initiate amendments to the Land Use Plan. Again, both boards hold public
hearings and the changes are adopted by the Town Council by resolution'
3) The privale sector can also initiate amendments to the Vail Land Use Plan.
Applications may be made by a registered voler, a property owner, or a
property owner's authorized represenlalive. The amendments are then heard
by both the Planning and Environmental Commission and the Town Council.
The Town Council then adopts the changes by resolution.
The applicant is proposing to change the land use designation from Open Space
to High Density Residenlial.
The Open Space designation is described as lollows;
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B.
Open Space (OS): Passive recreation areas such as greenbelts, stream
corridors and drainageways are the types of areas in this category.
Hillsides which were classified as undevelopable due to high hazards and
slopes over 40% are also included within this area. These hillside areas
would still be allowed types of development permitted by existing zoning,
such as one unit per 35 acres, for areas in agricultural zoning. Also,
permitted in this area would be institutionailpublic uses.
The Comprehensive Open Lands Plan identifies the Mounlain Bell Site as
"approximately half of the property is intended for affordable housing and the
remainder of the site will remain open space." The Comprehensive Open Lands
Plan is intended to identify and recommend actions for the prolection of sensitive
land and open space, not as a guide for developmenl of other properties.
The High Densily Residential designation is described as follows:
The housing in this category would typically consist of mufti-floored
structures with densities exceeding 15 dwelling units per buildable acte.
Other activities in this category would include pivate recreational
facilities, and private parking facilities and institutional / public uses such
as churches, lire stations and parks and open space facilities.
The Vail Land Use Plan describes the Mountain Bell site as Tract 35 and states:
The Mountain Bell microwave facility and two day care centers arc
located on a 25 acre site owned by the Town of Vail which is north of l-70.
A portion of this site under the microwave facility is owned by Mountain
Bell. Part of the entire site in located in an area of medium environmental
hazards and should continue to remain in its present use, with possible
expansions of the day car centers. lt may also be an option for the
cemetery, further discussed later.
CRITERIA FOR CHANGING THE LAND USE PLAN
Any amendments lo the Land Use Plan require a public process. Adjacent
properties are nolified, the Planning and Environmental Commission holds a
public hearing and makes a recommendation to the Town Council on the
proposal. The Town Council adopls the changes by resolution. Any changes to
the Land Use Plan must address the following three crileria:
Criterion l: How conditions have changed since the plan was adopted
The Vail Land Use Plan was adopted in 1986. Since then lhe Town of Vail has
completed three other important studies which involve the Mounlain Bell site.
1. Town of Vail Affordable Housing Study (1990)
The Town of Vail Affordable Housing Sludy was completed in 1990. The
primary purpose of the study is to provide guidance and direction by
developing a series of policies and recommendations to address the
14
3.
community's need for expanding the supply of atfordable housing for its
local residents, both year-round and seasonal. The Town of Vail
Affordable Housing Study provided the following recommendations:
a. Provision for accessory units in single-family, primary/secondary, and
duplex zone districts.
b. Create new definitions in the land use code for permanently deed
restricted affordable housing and studio housing units.
c. Consider the role of the Town of Vail in overseeing and demonstrating
actions on affordable housing. Create a Town of Vail Housing
Authority lo assist in the coordination and administration of the
affordable housing program. Also, establish a demonstration housing
project which is pianned and coordinated by the Town of Vail' with the
assisfance and participation of the private sector'
d. Amendment of standards and criteia for Special Development
Districts to provide for affordable housing unit developments'
e. Speciat development districts for commercial, mixed-use, or free
market residentiat development to provide tor affordable housing
units.l. Waiver of devetopment land processing fees related to the
construction of deed restricted affordable housing units anstructed
within the Town of Vail.
By Resolution No. 25, Series of 1990, the Town of Vail established the
Tilwn of Vail Housing Authority. The Housing Aulhority evaluated
different sites for housing potential. The Mountain Bell site was the
Authority's recommendation as the housing project lo move forward wilh
first. H6wever, in 1993, the Town Council opted not to move lorward on
this project due to political concerns.
The Comprehensive Open Lands Plan (1994)
The Comprehensive Open Lands Plan primary purpose is to idenlify and
develop strategies for acquiring or protecting key remaining open lands in
Vail that would be valuable for recreation, prolecting sensitive
environmenlal resources, extending or connecting trails, providing
adequate neighborhood open space, and creating a small amounl .of
conlingency land for unforeseen needs (e.9. employee housing' public
facilities). The comprehensive Open Lands Plan identifies lhe Mountain
Bell site and stales:
Approximately half of this property (7.71 acres) is intended for
aiordable housing and the remainder ot the site will remain in
open space
The Housing Needs Assessment (1999)
The Housing Needs Assessmenl was completed in 1999, sponsored by
Eagle County, Town ol Eagle, Town ol Vail, and Vail Resorts, Inc. The
purpose of the assessmenl is lo better understand current housing
15
problems and to provide information that can be used to address
identilied needs.
The Housing Needs Assessment identifies the need for addilional
housing in Eagle Gounty. Specifically, it states:
Develop affordable housing throughout the county except for
seasonal workers, whose housing should be concentrated in Vail.
Staff believes that these sludies, all completed since the adoption of the
Vail Land Use Plan, establish a need for additional housing opportunities
in the Town of Vail. The Mountain Bell site, specifically examined by the
1990 Town of Vail Housing Aulhority and the Comprehensive Open
Lands Plan, has been identified as a suitable site for housing. Staff
believes that the conditions have changed since lhe adoption of the Vail
Land Use Plan.
Criterion 2: How the plan is in enor
The Preliminary Geotechnical Investigation and Geologic Hazard Sludies are
presented in Appendix H of this memorandum. As the studies indicate, the sile is
developable with miligation of lhe existing hazards on lhe site. The Vail Land
Use Plan indicates that minimum development should occur on the site, due to
the hazards. However, statf believes that the Vail Land Use Plan is in enor
regarding the development potential of the site. The preliminary studies indicate
that the site is developable for housing with mitigation. The hazards on the site
and possible means of mitigation remain a concem of the slaff.
Criterion 3: How the addition, deletion or change to the plan is ln concert
with the plan in general
Staff has identified the following objectives and goals, which staff believes are
relevant to this proposal from the Vail Land Use Plan.
1.0 GeneralGrowth/Development
1.1 Vail should continue lo grow in a controlled environment,
maintaining a balance between residential, commercial and
recrealional uses to serve both the visitor and lhe permanent
resident.
1.2 The quality of the environment including air, water and other
natural resources should be protecled as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.6 Development proposals on the hillsides should be evaluated on a
case by case basis. Limited developmenl may be permitted for
some low inlensity uses in areas that are not highly visible from
16
the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environmenl.
1.7 New subdivisions should not be permitted in high geologic hazard
areas.
1.10 Development of Town owned lands by the Town of Vail (other
than parks and open space) may be permitted where no high
hazards exist, if such developmenl is lor public use.
1.11 Town owned lands shall not be sold to a private entity, long term
leased to a privale entity or converted to a private use wilhout a
public hearing Process.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5.0 Residential
5.1 Additional residentialgrowth should conlinue to occur primarily in
existing, platted areas and as appropriale in new areas where
high hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5-4 Residentialgrowth should keep pace with the marketplace
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodaled al varied sites throughout the community.
Staff believes that the proposed Land Use Plan amendment is in concert with the
plan in general.
REZONING REOUEST
A. ZONING REGULATIONS OVERVIEW
The Town of Vail Zoning Regulations are intended to:
Promote the coordinated and harmonious development of the Town in a
manner that will conserue and enhance its natural environment and its
established character as a resort and residential community of high
quality.
ln contrast to the Land Use Plan, which serves as a guide in land use decision
making, the zoning and suMivision regulations are regulatory lools used to
control developmenl for the benefil of the public health, safety and welfare. The
17
B.
zoning regulations are specific with regards to developmenl on property,
including density, setbacks, height, etc. Where conflicts exist between the Land
Use Plan and the zoning for a site, existing zoning conlrols development.
However, in cases where a change in zoning is considered for a site, the land
use designation and land use objectives as identified in the Land Use Plan are
important considerations in the decision making process.
REZONING CRITERIA
The Town of Vail has established the following criteria in the review of a rezoning
request:
1) ls the existing zoning suitable with the existing land u* on the site
and adjacent land u*s?
The existing zoning on the entire Mountain Bell site consists of Natural
Area Preservation Dislrict and General Use. The General Use
designation includes the portion of the site with the Mountain Bellfacility
and the two day care facilities. The rest of the site is designated Natural
Area Preservation District.
According to Section 12-9C-1 of the Town Code, the purpose of lhe
General Use zone district is as follows:
The General Use District is intended to govide sites for publb and
quasi-puilic uses which, because of their special characteistie,
cannot be appropriately regulated by the development standards
prescribed for other zoning districts, and for which development
standards especially prescribed for each pafticular development
proposal or project are necessary to achieve the purposes
prescribed in Section 12-1-2 of this Title and to provide for the
public welfare. The General Use District is intended to ensure that
public buildings and grounds and certain Upes of quasi-public
uses permitted in the District are appropriately located and
designed to meet the needs of residents and visitors to Vail, to
harmonize with sunounding uses, and, in the case of buildings
and other struclures, to ensure adequate light, air, oryn spaoes,
and other amenities appropriate to the permitted types of uses.
According to Section 12-8C-1 of the Town Code, the purpose of lhe
Natural Area Preservalion zone district is:
The Natural Area Preseruation District is designed to provide
areas which, because of their environmentally sensitive nature or
natural beauty, shall be protected from encroachment by any
building or other improvement, other than those listed in Section
12-8C-2 of this Article. The Natural Area Preseruation District is
intended to ensure that designated lands remain in their natural
state, including reclaimed areas, by protecting such areas from
development and preseruing open space. The Natural Area
Preservation District includes lands having valuable wildlife
18
2)
habitat, exceptional aesthetic or flood control value, wetlands,
riparian areas and areas with significant environmental
constraints. Protecting sensitive natural areas is important for
maintaining water quality and aquatic habitat, preseruing wildlife
habitat, flood control, protecting view corridors, minimizing the risk
from hazard areas, and protecting the natural character of Vail
which is so vital to the Town's tourist economy. The intent shall
not preclude improvement of the natural environment by the
removal of noxious weeds, deadfall where necessary to Woted
public safety or similar compatible improvements.
The exisling zoning is suilable with the existing land use of the site.
However, the current proposal for ihe site is to establish employee
housing on Lot 1 of Middle Creek Subdivision. Lot 2, Middle Creek
Subdivision will remain General Use. Tract A will remain zoned Natural
Area Preservation District. This rezoning request is to rezone Lot 1 to the
Housing Zone District. Staff believes that this zoning designation is more
appropriate given the proposed development of the site. The
Comprehensive Open Lands Plan identifies this site for employee
housing.
Adjacent uses to the entire Middle Creek Subdivision include the
following:
Solar Vail- a multiple-family housing project currently zoned High
Densily Multiple Family.
Tract C, Vail Potato Palch - an open space lract currently zoned
Natural Area Preservation Dislrict.
Parcel B, Spraddle Creek Ranch - an open space lract currently
zoned Natural Area Preservation District. This property is
adjacent lo Lot 1.
l-70 Right-of-Way - land owned by CDOT but located within Town
of Vail boundaries. As a road right-of-way, there is no
zoning on the property. This property is adjacent to Lot 1.
White River Nalional Forest - land owned by the United Stales
Forest Service outside of the Town of Vail boundary.
Wilhin Middle Creek Subdivision, Lot 1 is adjacent lo Lot 2, and Tracl A.
ls the amendment prcsenting a convenient workable relationship
with land uses consistent with municipal objectives?
The Town has conlinually stated that the provision of employee housing
is an important objective and a high priorily for the community. Stafl
believes that the amendment presents a convenient workable relationship
with land uses consistent with stated municipal objectives. The purpose
of lhe Housing Zone District is:
The Housing District is intended to provide adequate sites for
employee housing which, because of the nature and
19
characteistics of employee housing, cannot be adequately
regulated by the development standards prescribed for other
residential zoning districts. lt is necessary in this district to govide
development standards specifically prescribed for each
development proposal or proiect to achieve the purposes
prescribed in Section 12-1-2 of this fitle and to provide for the
public welfare. Certain nonresidential uses are allowed as
conditional uses, which are intended to be incidental aN
secondary to the residential uses of the District. The Housing
District is intended to ensure that employee housing permitted in
the District is appropriately located and designed to meet the
needs of residents of Vail, to harmonize with surrounding uses,
and to ensure adequate light, air, open spaces, and other
amenities appropriate to the allowed types of uses.
The Housing Zone Districl is similar to a special development district in its
flexibility in the development standards of the zone district. The Housing Zone
District provides the following:
Lot Size:
Density:
GRFA:
Setbacks:
Parking:
Site Coverage: 55% or as approved by the PEC
LandscapeArea: 30%
as approved by the PEC
as approved by lhe PEC
as approved by the PEC
20 ft. or as approved by the PEC
per Ch. 12-10 or as approved by the PEC
3)
As part of the rezoning of Lot 1, Middle Creek Subdivision, to the Housirq Zone
District, the Planning and Environmental Commission would be adopting a
development plan for the sile. This will occur at future Planning and
Environmental Commission meetings. The rezoning does nol lake effecl until the
final plat for Middle Creek Subdivision is approved and filed with the Eagle
County Clerk and Recorder's Office.
Does the rezoning provide tor the growth of an orderly viable community?
In accordance with the provisions of the Town of Vail Zoning and Subdivision
Regulations and Vail's Comprehensive Plan elements, staff believes this
rezoning provides for the growth of an orderly viable community. The Housing
Zone Disirict sets forth development standards and uses which the Town has
found to be in the besl interest of the Town's heallh, safely, and welfare. Staff
believes that the designation of the Housing Zone District on this site willsuit the
proposed use and development of lhe sile.
The Housing Zone District regulations have been attached for reference. The
Housing Zone District allows deed restricted employee housing as a permitted
use. In addition, as conditional uses, the Housing Zone District allows for Type
Vl employee housing units, dwelling units (not EHUs) not to exceed 30% of the
tolal GRFA constructed on the site, and accessory commercial uses. Staff
befieves that the clear purpose and intent of the HousingZone District, along with
the allowable uses within that zone district, will provide for the growlh of an
orderly viable community.
4) Is the change consistent with the Land llse Plan?
The proposed land use designation of the property is High Densily Residential,
which, according to the Vail Land Use Plan, is described as:
The housing in this category would Wically consist of multi-floored strudures
with densities exceeding 15 dwelling units per buildable acre. Other actMties in
this category would include pivate recreational facilities and pivate parking
facilities and institutional / public uses such as churches, fire stations, and parks
and open space facilities.
The proposed rezoning is consistenl with the goals, objectives and policies as
stated in the Vail Land Use Plan. Specific Land Use Plan goals thal are relevanl
to this proposal include:
1-0 GeneralGrowth/Development
1.1 Vail should conlinue to grow in a controlled environmenl,
maintaining a balance belween residenlial, commercial and
recreational uses to serve both the visitor and the permanent
residenl.
1.2 The quality of the environment including air, water and other
natural resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.6 Development proposals on the hillsides should be evaluated on a
case by case basis. Limited development may be permitted for
some low intensity uses in areas that are not highly visible from
the Valley floor. New projects should be carefully conlrolled and
developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard
areas.
1.10 Development of Town owned lands by lhe Town of Vail (other
than parks and open space) may be permitted where no high
hazards exist, il such developmenl is for public use.
1.1 1 Town owned lands shall not be sold to a private entity, long term
leased to a private entity or converted lo a private use wilhoul a
public hearing process.
1.12 Vail should accommodale most of the additionalgrowth in exisling
developed areas (infill areas).
21
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.3 Atfordable employee housing should be made available through
private elforts, assisted by limited incenlives, provided by the
Town of Vailwith appropriate restrictions.
5.4 Residential groMh should keep pace with the marketplace
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughoul the community.
Staff believes the goals of the Vail Land Use Plan will be furthered by the
rezoning to the HousingZone District. The Vail Land Use Plan states thal the
provision of employee housing is an important objective of the Town. In addition
1o the Vail Land Use Plan, other Town documents support this objective. In
1999, the Town of Vail sponsored, along with Eagle County, Town of Eagle, and
Vail Resorts, lnc., a housing needs assessmenl. The Housing Needs
Assessment states:
Develop more rental housing. The demand for units to house new
employees and employees who now commute but want to live in Eagle
County is sufliciently strong to support the additional development of
apartments. Until the vacancy rates reaches a level more in line with
other communities, efforts to develop apaftments should not be curtailed.
Stalf believes that the rezoning of Lot 1, Middle Creek Subdivision to the Housing
Zone District is consislent with the Land Use Plan and the Housing Needs
Assessment.
22
Appendix A: Preliminary Plat Information
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
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Appendix B: Land Use Plan Amendment
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
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Appendix G: Zoning Amendment
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
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Appendix D: Title Report
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
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Land Title Guarantee Company
CUSTOMER DISTRIBUTIOIT
Date 08-27-2001
Property Address:
USWEST PARCEL
Our Order Number: VC272436
PEAKLAND SURVEYINO
IMO LIONS RIDOB LOOP
VAIL, CO 81657
Ath: BREMBIGGS
Phonc: 97G475-8644
Fax: 970-476-8616
Sent Via Fax
Form DELIVERY
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[and Title Guarantee Gompany
YOUR COIl|TACTS
Date: 08-27-2001
Property Address:
USWEST PARCEL
Buyer/Borrower:
TO BE DETERMINED
Our Order Number: VQ72436
Seller/Owner:
THE MOUNTAIN STATES TELEPHONE AND TELEGMPH COMPANY, A COLOMDO CORPORATION. AS
TO PARCEL I
TOWN OF VAIL, A MUNICIPAL CORPORATION, AS TO PARCEL 2
If you have any inquiries or require further assistance,
For Closing Assistance:
please contact one of the numbers below:
For Title Assislance:
Vail Title Dept.
Roger Avila
108 S. FRONTAGE RD. W. NO3
P.O. BOX 357
VAIL, CO 81657
Phorc:.970476-2251
Fax:. 9704764534
EMail: ravila@ltgc.com
N'eed a mnp or directions for your upcoming closing? Check out Land Title's web site at www.ttgc.com
for directions to anv of our 40 office locations,
Information Binder $775 .00
ESTIMATE OF TITLE FEES
$77s .00
Form CO.MACf THANK YOU FOR YOUR ORDER!
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Chicago Tide Insurance C.ornpany
ALTA COMMITMENT
Sctredule A
Property Address:
US WEST PARCEL
l. Effective Date Apil26,2001 at 5:00 P.M.
2. Policy to be Issued, and koposed Insured:
Information Binder
Proposcd lnsurcd:
TO BE DETERMINED
Our Order No. YC272436
Cust. Rd.:
3, The estate or interest in the land described or referred to in this Commitment and coyered herein is:
A Fee Simple
4. fitle to the estate or inter€st covered hercin is at the elfective date hereof vested in:
THE MOUNTAIN STATES TELEPHONEAND TELEGMPH COMPANY, A COLORADO CORPORATION. AS
TO PARCEL I
TOWN OF VAIL, A MUNICIPAL CORPORATION, AS TO PARCEL 2
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S, FOR LEGAL DESCRIPTION
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Our Order No. VC272436
LEGAI DESGBIPTIOITI
PARCEL I
A TRACT OF LAND IN T}IE SOUTHEAST ONE-QUARTER, SOUTHEAST ONE.QUARTER, SECTION 6,
TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNINGAT A POINT BEING II7O.2O FEET NORTH 36 DEGREES OI MINUTES 25 SECONDS
WEST FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF
THE 6TH P.M.: THENCE NORTH 00 DEGREES 00 MINUTES 180.11 FEET; THENCE NORTH 88
DEGREES 34 MINUTES WEST 143.67 FEET; THENCE SOUTH 60 DEGREES 09 MINUTES WEST
107.00 FEET; THENCE SOUTH 26 DEGREES 17 MINUTES WESI| 32.25 FEET; THENCE SOUTH
88 DEGREES 30 MINUTES WEST 120,00 FEET; THENCE SOUTH 36 DEGREES 23 MINUTES 30
SECONDS WEST 65.24 FEET; THENCE SOUTH 83 DEGRffiS 36 MINUTES 30 SECONDS EAST
411.93 FEET TO THE POINT OF BEGINNING, @UNTY OF EAGLE, STATE OF COIORADO.
TOGETTIER WITH AN EASEMENT FORACCESS TO AND EGRESS FROM THE ABOVE-DESCR]BED
TRACT BY PEDFSTRIAN. VEHICI,]LAR, AND MOTOR TRAFFIC, FOR AERIAL AND BURIED
TELEPHONE AND ELECTRIC POWER UNES AND FOR BURIED WATER, SEWER, GAS, AND OTHER
UTILITIES TO SAID TRACT OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY, TO
WIT:
A TRACT OF L.AND IN THE SOUTHEAST ONE{UARTER, SOUTHEAST ONE.QUARTER, SECTION 6,
TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M., EAGLE COI'NTY, COLORADO, MORX
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIMNNG AT A POINT BEING I I7O.2O FEET NORT}I 36 DEGREES OI MINUTES A5 SECONDS
WEST FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF
THE 6TH P.M.: THENCE SOUTH 00 DEGREFS 00 MINUTES 40'25 FEET; THENCE NORTH 83
DEGREES 36 MINUTES 30 SECONDS WEST 382.48 FEET; THENCE SOUTH 15 DEGREES 49
MINUTES WEST 88.t8 FEET TO THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70; THENCE
NORTH 74 DEGREES 2I MINUTES 35 SECONDS WEST 4O.OO FEET ALONG THE NORTH RIGHT OF
wAY LINE OF INTERSTATE 70; THENCE NORTH 15 DEGREES 49 MINUTES EAST 122.20 FEET;
THENCE SOUTH 83 DEGREES 36 MINUTES 30 SECONDS EAST 41I.93 FEET TO THE POINT OF
BEGINNING, COUNTY OF EAGLE, STATEOF COLORADO,
NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS
OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF
TITLE AND ONLY AN ACCURATE STJRVEY CAN DETERMINE THE DIMENSIONS.
PARCEL 2
A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER, SECT]ON 6,
TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS N OO DEGREES 28 MINUTES 16 SECONDS W A DISTANCE OF
636.60 FEET FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80
WEST OF THE 6TH PRINC]PAL MERIDIAN, BE]NG THE TRUE POINT OF BEG]NNING;
ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF INTERSTATE 70;
THENCE N OO DEGREES 28 MINUTES 16 SECONDS W ALONG THE EAST LINE OF SAID SECTION
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Our Order No. VC272436
TEGAL DESCBIPTIOIII
6 A DISTANCE OF 633.40 FEET;
THENCE N 89 DEGREES 27 MINUTES 2I SECONDS W A DISTANCEOF 2633,76 FEET TO A
POINT ON THE EAST BOUNDARY LINE OF VAIUPOTATO PATCH FILING;
THENCE S OO DEGREES 07 MINUTES 12 SECONDS E ALONG SAID EAST BOUNDARY LINE A
DISTANCE OF 35I.2I FEET TO A POINT ON A CI'RVE, SAID CURVE ALSO BEING ON THE
NORTHERLY RIGHT OF WAY OF INTERSTATE ?O:
THENCE ALONG SAID NORTHERLY RIGHT OF WAY ON THE FOLLOWING 8 COURSES:
I) A DISTNACE OF 204.62 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A CENTRAL ANGLE OF 02 DEGR.EES 56 MINUTES 18 SECONDS, A RADIUS OF 3990.0
FEET, AND A CHORD BEARING N 85 DEGREES 3I MINUTES IO SECONDS E A DISTANCE OF
204.60 FEET;
2) N 80 DEGF.EES t3 MINUTES 06 SECONDS E A DISTANCE OF 2l L80 FEET;
3) N 84 DEGR-EES 55 MTNUTES 50 SECONDS E A DISTANCE OF 319.70 FEET;
4) S 79 DEGREES 56 MINUTES 28 SECONDS E A DISTNCE OF 424.40 FEETI
5) S 69 DEGREES 55 MINUTFS 2l SECONDS E A DISTANCE OF 303.20 FEEr;
6) S 74 DEGREES 2l MINUTES 35 SECONDS E A DISTANCE OF 204.70 FEET;
7) S 83 DEGREES 36 MTNUTES 29 SECONDS E A DISTANCE OF 826.30 FEET;
O S 7I DEGREES 33 MINUTES 45 SECONDS E A DISTANCE OF 196.10 FEET TO THE TRUE
POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
EXCEPT THAT PORTION OF LAND DESCRIBED IN WARRANTY DEED, RTCEPTION II4OIO, BOOK
218, PAGE 4I9, FILED OF RECORD IN THE OFFICE OF CLERK AND RECORDER OF EAGLE
COUNTY, COLORADO.
NOTE; THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS
OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF
TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THF DIMENSIONS.
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ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements) Our Order No. VQ7U36
The following are the r€qulrernents to be complied with:
Item (a) Paymcnt to or for the account of the graltors or nrtgagors of the full consideration for the estate or
interest to be insured.
hem O) Proper instrumen(s) creating the estatc or interest to be insurcd must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessrnetrts levied and assessed ageinsi thg subject premises which arc due
and payable.
Item (d) Additional requirernents, if any disclosed below:
THIS COMMMT,IENT IS FOR INFORMATION ONLY, AND NO POUCY WILL BE ISSUED
PIJRSUANT HERETO.
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ALTA COMMITMENT
ScheduleB-Section2
@xceptions) Our Order No. VQ72436
The policy or policies to be issued will contain exceptions to the following unless lhe same are disposed
of to the satisfaction of the Companyr
L Rights or claims of parties in possession not sbown by the public records.
2. Easements, or claims of casements, not shown by the public records.
3. Discrepancies, conflicts in boundary lhes, shortage in area, encroachmenls, and any facts which a correct survey and
inspection of the premises would disclose and which arc not shown by ttre public records.
4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. DefecLs, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed irsured acquircs of record for
value the estate or intercst or mortgage thereon covered by this Corumitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurcr's otfice.
7 . Liens for unpaid water and sewer charges , if any . ,
In addition, the owner's policy will be subject to thc mortgage, if any, noted in Section I of Schedule B hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HiS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT
PAGE 503.
IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904,
IN BOOK 48 AT PAGE 503.
I I. WATER AND WATER R]GHTS, DITCH AND DITCH RIGHTS.
12. RIGHT OF WAY 40 FEET IN WIDTH AS DESCRIBED IN CONDEMNATION FOR R]GHT OF WAY
AWARDED TO THE UNITED STATES OF AMERICA IN INSTRUMENT RECORDED AUGUST 12.
1935 IN BOOK I16 AT PAGE 349.
13. RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN INSTRUMENT RECORDED
JUNE 8, I94O IN BOOK I27 AT PAGE 466.
. RIGHT OF WAY AS GRANTED TO THE FLEMING LUMBER AND MERCANTILE COMPANY IN
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ALTA COMMITMENT
ScheduleB-Section2
@xceptions) Our Order No. YC272436
The policy or policies to be lssued will contain exceptions to tfte following unless the same are disposed
of to the satisfactlon of the Company:
INSTRI.JMENT RECORDED JANUARY 13, 1943 IN BOOK I27 AT PAGE 563.
15. RIGHT OF WAY EASEMENT AS GRANTED TO GC,S FACtrITIES, INC. IN INSTRUMA{T
RECORDED FEBRUARY I7 . 1966IN BOOK I92 AT PAGE I49 AND IN BOOK I92 AT PAGE
16I AND RECOPDED MARCH 9, 1966 IN BOOK I92 AT PAGE 203 AND AT PAGE}A7,
16. EASEMENTAS GRANTED TO VAILWATERAND SANITATION DISTRICT IN INSTRUMENT
RECORDED APRIL 7, 1966 IN BOOK I92 AT PAGE 365,
17. TERMS, CONDITIONS AND PROVISIONS OF NONEXCLU$VE UNDERGROUND RIGHT OF WAY
EASEMENTAS GRANTED TO HOLY CROSS ELECTRICASSOCIATION, INC, RECORDEDJUNE
08, 1994 IN BOOK 642 AT PAGE 3,t4.
18, EXISTING LEASES AND TENANCIES.
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LAND TITLE GUARANTEE COMPANY
DISCLOST]RI STATEMENTS
Note: Pursuant to CRS l0-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction rnay bc obtained frorn the County
Treasurcr's authorized ageru.
Q The information regarding special districs and ttre boundarics of such districrs nuy be obtained toom
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September l, 1997 , CRS 30-10-406 rcquires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of.at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and rccorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using form.s
on which space is provided for recording or filing information at the iop margin of the document.
Note: C-olorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity str,all be responsible for all matters which appear of record prior to the timc of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from dre transaction which was closed". Provided that Land Title Guarantee
C-ompany conducls the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's TitJe
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the C.ommitment from the Owner's Policy to be
issued) upon compliance widr the following conditions:
A) The land described in Schedule A of this commitment must be a single lamily residence which
irrcludes a condominium or townhouse unit.
B) No labor or naterials have been furnished by mechanics or material-men tbr purposas of
corlstruction on the land described in Schedule A of this Commitmelt within fte past 6 months.
Q The Company must receive an appropdate alfidavit indemlifing the Company against un-filed
mechanic's and material-men's liens.
D) The Company must receive payrnent of the appropriate premiun.
E) If there has been corlstruction, improvements or rnajor repairs undertaken or the pmperty n be purchased
widrin six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liers will include: disclosure of certain construction inforrnation; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indennity Agreements satisfactory to the company, and, any additional requirernents
as may be necessary after an examination of the atbresaid information by the Company.
No coverage will be given under auy circum.stances tbr labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-l l-123, notice is hereby given:
A) That thert is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geodrermal energy in the property; and
B) That such n neral estate may include the right to enter and urc the property without the
slrface owner' s permission.
This notice applies to owner's policy conunitnreuts containing a ndncral severiulue inslrunrent
exceptiou, or exceptions, in Schedule B, Section 2.
Nothing herein contained will be deemed to obligate the conrpany to provide any of the coveragcs
rcf'erred to hereiu unlcss dre above conditions arc fullv satislied.
Form D I SCLoSUR€
Appendix E: Housing Zone District
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
ARTTCLE t. HOUSTNG (H) DTSTRTCT
SECTION:
12-61-1: Purpose
12-612: Permilted Uses
1 2-61-3: Conditional Uses
12-614: Accessory Uses
12-61-5: Selbacks
12-61-6: Site Coverage
'12-617 Landscaping and Site Development
12-61-8: Parking and Loading
12-6F9: Location of Business Aclivity
1 2-61-1 0: Other Development Standards
12-61-1 1 : Development Plan Required
12-611 2: Development Plan Contenls
1 2-61-1 3: Development Standards/Criteria for Evaluation
12-61-1: PURPOSE:
The Housing District is inlended lo provide adequate sites for employee housing which,
because of the nature and characterislics of employee housing, cannol be adequately
regulaled by the development slandards prescribed for other residential zoning dislricts.
ll is necessary in this district lo provide development standards specifically prescribed
for each development proposal or project to achieve lhe purposes prescribed in Section
12-1-2 ot this Title and to provide for lhe public welfare. Certain nonresidential uses are
allowed as conditional uses, which are inlended to be incidental and secondary to the
residential uses of the District. The Housing District is intended to ensure that employee
housing permitted in the District is appropriately localed and designed to meet the needs
of residents of Vail, to harmonize with surrounding uses, and to ensure adequale light,
air, open spaces, and olher amenities appropriate to the allowed types of uses.
12-61-2: PERMITTED USES :
The following uses shall be permifted in the H District:
Deed restricted employee housing units as further described in Chapter 12-13 of this
Title.
Passive outdoor recrealion areas, and open space.
Pedestrian and bike paths.
1 2-61-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the H District, subject to issuance of
a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
Commercial uses which are secondary and incidental (as delermined by the Planning
and Environmental Commission ) lo the use of employee housing and specifically
serving the needs of the residents, and developed in conjunction with employee
housing, in which case the following uses may be allowed subject to a conditional
use permil:
Banks and financial inslitutions.
Eating and drinking eslablishments.
Health clubs.
Personal services, including but nol limited to, laundromals, beauty and
barlcershops, tailor shops, and similar services.
Retail stores and establishments.
Drvelling unils (nol employee housing units) subject to the following criteria to be
evaluated by the Planning and Environmental Commission:
A. Dwelling units are created solely for the purpose of subsidizing employee
housing on the property and;B. Dwelling units are not lhe primary use of the property. The GRFA for
dwelling units shall nol exceed 30% of the total GRFA constructed on the
property and;C. Dwelling unils are only created in conjunclion with employee housing and;D. Dwelling units are compatible with lhe proposed uses and buildings on
the sile and are compatible wilh buildings and uses on adjacent
properties.
Ouldoor patios
Public and private schools and educalional institutions, including day-care facilities.
Public buildings and grounds.
Public parks.
Public utilities installations including transmission lines and appurtenant equipment.
Type Vf employee housing units, as further regulated by Chapter 12-13 ot this Title.
12-614: ACCESSORY USES:
The following accessory uses shall be permitted in the H District:
Home occupations, subject to issuance of a home occupation permit in accordance wilh
lhe provisions of Section 12-14-12 of this Title.
Minor arcades
Private greenhouses, lool sheds, playhouses, attached garages or carports, swimming
pools, or recreation facilities customarily incidentalto permitted residential uses.
Other uses customarily incidenlal and accessory to permitted or conditional uses, and
necessary for the operation thereof.
12-61-5: SETBACKS:
The setbacks in this district shall be 20' lrom the perimeter of the zone district. At the
discretion of the Planning and Environmental Commission, variations to the setback
standards may be approved during the review of a development plan subject to the
applicant demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separation between buildings and
riparian areas, geologically sensilive areas and other environmentally sensitive
areas.
B. Proposed building setbacks will provide adequate availability of light, air and open
space.
C. Proposed building setbacks will provide a compatible relationship with buildings and
uses on adjacent properties.
D. Proposed building setbacks will result in creative design solulions or other public
benefils lhat could not otherwise be achieved by conformance with prescribed
selback standards.
Variations to the 20 ft. selback shall not be allowed on property lines adjacent to HR,
SFR, R, PS, and RC zoned properties, unless a variance is approved by the Planning
and Environmental Commission pursuant to Chapter 17 of this Title.
1 2-61-6: SITE COVERAGE:
Site coverage shall not exceed fifly{ive percent (55%) of the total site area. At the
discretion of the Planning and Environmental Commission, site coverage may be
increased if 75% of the required parking spaces are underground or enclosed, thus
reducing the impacts of surface paving provided within a development, and that the
minimum landscape area requirement is met.
12-61-7: LANDSCAPING AND SITE DEVELOPMENT:
At leasl thirty percent (30%) of the total site area shall be landscaped. The minimum
widlh and length of any areaqualifying as landscaping shall be fifteen feet (15') with a
minimum area nol less than three hundred (300) square feet.
12-61€: PARKING AND LOADING
Off-street parking shall be provided in accordance wilh Chapter 10 of this Title. No
parking or loading area shall be located within any required setback area. At the
discrelion of the Planning and Environmental Commission, variations to the parking
standards oullined in Chapter 10 may be approved during the review of a development
plan subject lo a Parking Management Plan. The Parking Management Plan shall be
approved by the Planning and Environmenlal Commission and shall provide for a
reduclion in the parking requirements based on a demonstrated need for fewer parking
spaces than Chapter 10 of this title would require. For example, a demonslrated need
for a reduction in the required parking could include:
A. Proximily or availability of alternative modes of transportation including, but
not limited to, public lransit or shuttle services.
B. A limitation placed in the deed restrictions limiting the number of cars for each
unit.
C. A demonstrated permanent program including, but not limited to, rideshare
programs, carshare programs, shuttle service, or staggered work shifts.
12-61-9: LOCAflON OF BUSINESS ACTIVITY:A. Limitalion; Exception: All condilional uses by 12-61-3 of this Article, shall
be operated and conducted entirely within a building, except for permitted
loading areas and such aclivities as may be specifically authorized to be
unenclosed by a conditional use permit and lhe outdoor display of goods.B. Outdoor Display Areas: The area lo be used for outdoor display must be
located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
12-61-10: OTHER DEVELOPMENT STANDARDS:
Prescribed By Planning and Environmental Commission: In the H District, development
o
slandards in each of the following categories shall be as proposed by the applicant, as
prescribed by the Planning and Environmental Commission, and as adopled on the
approved development plan:
A. Lot area and site dimensions.
B. Building height.
C. Density control (including gross residential lloor area).
12-61-11 : DEVELOPMENT PLAN REQUIRED:A. Compatibility With Intent: To ensure lhe unified development, the
protection of the natural environmenl, the compatibility with the
surrounding area and to a$sure that development in lhe Housing District
will meel the inlent of the District, a development plan shall be required.
B. Plan Process And Procedures: The proposed development plan shall be
in accordance with Section '12-61-12 of this Article and shall be submitted
by the developer to the Administrator, who shall reler it to the Planning
and Environmental Commission, which shall consider lhe plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the Planning and Environmental
Commission shall be held in accordance wilh Section 12-3-6 of this Title.
The Planning and Environmental Commission may approve the
applicaiion as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to lhe Town Council in
accordance with Section 12-3-3 of lhis Title.
D. Plan As Guide: The approved development ptan shall be used as the
principal guide for alldevelopment within the Housing District.
E. Amendment Process: Amendments lo the approved development plan
will be considered in accordance with the provisions of Section 12-9A-10
of this Title.
F. Design Review Board Approval Required: The development plan and any
subsequent amendments thereto shall require the approval of the Design
Review Board in accordance with the applicable provisions of Chapter 11
of this Title prior to the commencement of site preparalion.
12-61-12: DEVELOPMENT PLAN CONTENTS:A. Submit With Application: The following information and materials shall be
submitled with an application lor a proposed development plan. Certain submittal
requirements may be waived or modified by the Administrator if it is
demonstraled that the materialto be waived or modified is not applicable to the
review criteria, or that other practical solutions have been reached.
1. Applicalion form and filing fee.
2. A writlen statemenl describing the project including information on lhe nalure
of the development proposed, proposed uses, and phasing plans.
3. A survey stamped by a licensed surveyor indicating existing conditions of lhe
property lo be included in the development plan, including the location of
improvements, existing contours, natural features, existing vegetation,
watercourses, and perimeler property lines of the parcel.
4. A title report, including Schedules A and 84.
5. Plans depicting existing conditions of the parcel (sile plan, floor plans,
elevalions, etc.), if applicable.
6. A complete zoning analysis of lhe existing and proposed development
including a square footage analysis of all proposed uses, parking spaces, elc.
7. A site plan at a scale not smaller than one inch equals twenty feel (1" = 20'),
showing lhe location and dimensions of all existing and proposed buildings
and struclures, all principal sile development fealures, vehicular and
pedestrian circulation systems and proposed contours and drainage plans.
L Building elevations, seclions and floor plans at a scale not smaller than one-
eighth inch equals one foot (1/8' = 1'), in sufficient detail to determine lloor
area, circulation, location of uses and scale and appearance of the proposed
development.
9. A vicinity plan showing existing and proposed improvements in relation to all
adjacent properties at a scale not smaller lhan one inch equals fifty feet (1' =
s0').
10. Photo overlays and/or other acceptable visual techniques for demonstrating
lhe visual impacl of the proposed developmenl on public and private property
in the vicinity of the proposed developmenl plan.
1 1. An architeclural or massing model at a scale sufficient to depict the proposed
development in relationship to existing development on the site and on
adjacent parcels.
'l2. A landscape plan al a scale not smaller than one inch equals twenty feet (1"
= 20'1, showing existing landscape features to be retained and removed,
proposed landscaping and other sile developmenl features such as
recrealion facilities, paths and trails, plazas, walkways and water features.
13. An environmenlal impacl report in accordance with Chapter '12 ol this Title
unless waived by Section 12-12-3 of this Title.
14. Any additional information or material as deemed necessary by Administrator.
B. Copies Required; Model: With the exception of the model, four (4) complete ,
copies of the above information shall be submitted at the time of the application.
When a model is required, it shall be submitted a minimum of lwo (2) weeks prior
to lhe first formal review ol the Planning and Environmental Commission. At lhe
discretion of the Administralor, reduced copies in eight and one-half inches by
eleven inches (8 1/2" x 'l 1') format of all of the above information and additional
copies for distribution to the Planning and Environmenlal Commission, Design
Review Board and Town Council may be required.
1 2-61-1 3: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION :
The following crileria shall be used as the principal means lor evalualing a proposed
development plan. lt shall be the burden ol the applicant lo demonstrate that the
proposed developmenl plan complies with all applicable design criteria:
A. Building design with respect to architeclure, character, scale, massing
and orienlation is compatible wilh lhe site, adjacent properties and the
sunounding neighborhood.
B.
c.
Buildings, improvements, uses and activities are designed and located to
produce a functional development plan responsive to the site, the
sunounding neighborhood and uses, and the community as a whole.
Open space and landscaping are both functional and aeslhetic, are
designed lo preserve and enhance the natural fealures of lhe site,
maximize opportunities for access and use by the public, provide
adequate butlering between the proposed uses and sunounding
properties, and when possible, are integrated with existing open space
and recreation areas.
A pedestrian and vehicular circulation system designed lo provirle safe,
efficient and aesthetically pleasing circulation to the site and throughout
the development.
Environmenlal impacls resulting from the proposal have been identified in
the project's environmental impact report, if nol waived, and all necessary
mitigaling measures are implemented as a part of the proposed
development plan.
Gompliance with the Vail Comprehensive Plan and other applicable
plans.
D.
E.
F.
o
Appendix F: General Use Zone Dlstrict
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
12-9C-1 12-9C-3
CHAPTEH 9
SPECIAL AND MISCELLANEOUS DISTRICTS
ARTTCLE C. GENERAL USE (GU) DTSTBTCT
SECTION: 12.9C-2: PERMITTED USES: ThE fOIIOW-
ing uses shall be permitted in
12-9C-1: Purpose the GU District:
12-9Q-2: PermittedUses
12-9C-3: Conditional Uses Passive ouldoor recreation areas, and open
12-9C-4: Accessory Uses space.
12-9C-5: Develooment Standards
12-9C-6: Additional Development Pedestrian and bike paths. (Ord. 21(1994)Standards S 10)
'12-9C-3: CONDITIONALUSES:
12-9C-1: PURPOSE: The General Use
District is intended to provide A. Generally: The following condilional
sites for public and quasi-public uses uses shall be permitted in the GU
which, because of lheir special characteris- Dislrict, subject to issuance of a con-
tics, cannol be appropriately regulated by ditional use permit in accordance wilh
lhe development standards prescribed for the provisions of Chapter 16 of this
other zoning districts, and for which devel- Title:
opment standards especially prescribed for
each particular developmenl proposal or Churches.
project are necessary to achieve the pur-
poses prescribed in Section 12-1-2 of this Equestrian trails.
Title and to provide for the public welfare.
The General Use District is intended to Golf courses.
ensure thal public buildings and grounds
and certain types of quasi-public uses per- Helipad for emergency and/or commu-
mitted in the District are approprialely locat- nity use.
ed and designed to meet the needs of resi-
dents and visitors lo Vail, to harmonize with Hospilals, medical and dental facili-
sunounding uses, and, in the case of build- ties, clinics, rehabilitation centers,
ings and other structures, to ensure ade- clinical pharmacies, and ambulance
quate light, air, open spaces, and other facilities.
amenities appropriale to the permitted
types of uses. (Ord. 21(1994) S 10) Major arcade.
Plant and tree nurseries, and associ-
ated structures, excluding the sale of
Town of Vail
June 2000
12-9C-3
lrees or other
grown, produced
mises.
nursery products,
or made on lhe pre-
Public and private parks and active
outdoor recreation areas, facilities and
uses.
Public and private schools and educa-
tional instilutions.
Public and quasi-public indoor com-
munity facility.
Public buildings and grounds.
Public parking facilities and structures.
Public theaters, meeting rooms and
convenlion facilities.
Public tourisVguest service related
facilities.
Public transportation terminals.
Public utilities installations including
transmission lines and appurtenant
equipment.
Seasonal structures or uses to accom-
modate educational. recreational or
cultural activities.
Ski lifis, lows and runs.
Type lll employee housing units
(EHU) as provided in Chapter 13 of
this Title.
Water and sewage treatment plants.
B. Proximity To Parking Required: The
following conditional uses shall be
permitted in accordance with the issu-
ance of a conditional use permit, pro-
12-9C-5
vided such use is accessory to a park-
ing structure:
Offices.
Restaurants.
Ski and bike storage facilities.
Sundries shops.
TourisUguest service related facilities.
TransiUshuttle services. (Ord. 6(2000)
$ 2: Ord.21(1994)S 10)
12-9Q-4: ACCESSORY USES: The foltow-
ing accessory uses shall be
permitted in the GU District:
Minor arcade.
Other uses customariiy incidental and ac-
cessory to permitted or conditional uses,
and necessary for the operation thereof,
wiih the exception ol buildings. (Ord.
21(1es4)S 10)
12-9C-5: DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environ-
mental Commission: In the General
Use District, development standards
in each of the following categories
shall be as prescribed by the Planning
and Environmental Commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
June 2000
Town of Voil
o
12-9C-5
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
B. Beviewed By Planning And Environ-
mental Commission: Developmenl
standards shall be proposed by the
applicanl as a part of a conditional
use permit application. Site specific
development standards shall then be
determined by the Planning and Envi-
ronmental Commission during the
review of the conditional use requesl
in accordance with the provisions ol
Chapter 16 of this Title. (Ord.
21(1ee4) S 10)
12.9C-6: ADDITIONAL DEVELOPMENT
STANDARDS: Addiiional regula-
tions pertaining lo site development stan.
dards and'the development of land in the
General Use District are found in Chapter
14 of this Title. (Ord. 21(1994) S 10)
12-9C-6
Town of Vail
June 2000
Appendix G: Natural Area Preservation District
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
12-8C-1
SECTION:
12-8C-1: Purpose
12-8Q-2: Permitted Uses
12-8C-3: Conditional Uses
12-g0-4i Accessory Uses
12-8C-5: Development Standards
12-8C-6: Parking And Loading
12-8C-7: Addilional DeveloPment
Standards
12-8C-1: PURPOSE: The Natural Area
Preservation District is designed
to provide areas which, because ol their
environmentally sensitive nature or natural
beauty, shall be protected lrom encroach-
ment by any building or other improvement,
other than those listed in Section 12-8C-2
of this Article. The Natural Area Preserva-
tion District is intended to ensure that des-
ignated lands remain in their nalural state,
including reclaimed' areas, by protecting
such areas from development and preserv-
ing open space. The Natural Area Preser-
vation District includes lands having valu-
able wildlife habitat, exceptional aesthetic
or flood conlrol value, wetlands, riparian
areas and areas with significant environ-
mental constraints. Protecting sensitive
natural areas is important lor maintaining
water quality and aquatic habitat, preserv-
ing wildlife habitat, flood control, protecting
view corridors, minimizing the risk from
hazard areas, and protecting the natural
character of Vail which is so vital to the
Town's tourist economy. The intent shall
12-8C-3
not preclude improvement of the natural
environment by the removal of noxious
weeds, deadfall where necessary to Protect
public safety or similar compatible improve-
ments. (Ord. 21(1994) S 1o)
12-8C-2: PERIVTITTED USES: The follow-
ing shall be Permitted uses in
the NAP District:
Nature preserves. (Ord. 21 (1994) I 10)
12-8C-3: CONDITIONAL USES: The
following conditional uses shall
be permitted in the NAP District,.subject to
the issuance of a conditional use permit in
accordance with the provisions ol Chapter
16 of this Title:
Equestrian trails, used only to access Na-
tional lorest system lands.
Int€rpretive nature walks.
Parking, when used in conjunction with a
permitted or conditional use.
Paved and unpaved, nonmotorized, bicycle
paths and pedestrian walkwaYs.
Picnic tables and informal seating areas.
Other uses customarily incidental and ac-
cessory to permitted or conditional uses
and necessary for the operation thereof,
CHAPTER 8
OPEN SPACE AND RECREATION DISTRICTS
ARTICLE C. NATURAL AREA PRESERVATION (NAP) DISTRICT
Town of Vail
12-8C-3
with the exception of buildings. (Ord.
21(19e4) S 1o)
12-8C-4: ACCESSORY USES: Not appli-
cable in the NAP District. (Ord.
21(1ee4)S 10)
12-8C-5: DEVELOPMENT STANDARDS:
Not applicable in the NAP Dis-
trict. (Ord. 21(1994) S 10)
12-8C-6: PARKING AND LOADING:
Parking and loading require-
ments will be determined by the Planning
and Environmental Gommission during the
review of conditional use requests in accor-
dance with the provisions of Chapter 16 of
this Title. (Ord. 21(1994) S 10)
12.8C-7: ADDITIONAL DEVELOPMENT
STANDARDS: Additional regula-
tions pertaining to site development stan-
dards and the development of land in the
Natural Area Preservation District are lound
in Chapter 14, 'Supplemental Regulaiions',
of this Title. (Ord. 21(1994) S 10)
't2-8C-7
Town of Yail
o
Appendix H: Geotechnical Report and Hazard Report
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
rco$nlein Consulting e?gin"ers, lnc.
Consulting Geotechnical Engineers
12364 W. Alameda Pkwy . Suite 115. Lakewood, CO 80228-2845
LAKEWOOD
(303) 989-1223
(303) e89-0204 FAX
August 23, 2001
Odell Architects, P.C.
32065 Castle Court, Suite 150
Evergreen, CO 80439
Subject: Preliminary Geotechnical Investigation and Geologic Hazard Studies
Proposed Development - 6.5 Acres
Middle Creek Villaee at Vail
Vail, Colorado
Job No. 0l-136
As requested we have performed a preliminary geotechnical investigation and geologic hazard study for
the subject property. The purpose of this letter is to present our general conclusions regarding the
preliminary geotechnical investigation and geologic hazards.
We anticipate that the subsurface conditions throughout the development wiil consist of granular alluvial
soils. These soils should safely support spread footing foundations and slab-on-grade floors for the
proposed structures. Excavation ofthese soils will require heavy-duty construction equipment. It is our
opinion, that development of this site will require typical mountain construction techniques.
Based on current and previous geologic hazard studies, the subject site is within a rock fall hazard and a
debris flow hazard. Fortunately, both of these geologic hazards can be successfully mitigated. For
additional information regarding preliminary geotechnical recommendations and geologic hazards refer
to our Preliminary Geotechnical Investigation and Geologic Hazard Studies report, dated August 23,
2001 .
We appreciate the opportunity to provide this sewice. If we can be of further assistance, please contact
our office.
KOECHLEIN CONSULTING ENGINEERS. INC.
AVON
(e7o) 949-600e
(970) 949-9223 FAX
SILVERTHORNE
(e70) 468-6933
(970) 468-6e39 FAX
kzt'
Scott B. Myers, P.E.
Project Engineer
(8 copies sent)
#or, r*..
CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
PRELIMINARY GEOTECHNICAL INVESTIGATION
AND
GEOLOGIC HAZARD STUDIES :
PROPOSED DEVELOPMENT- 6.5 ACRE
MIDDLE CREEK VILLAGE AT VAIL
VAIL. COLORADO
Prepared for:
Odell Architects, P.C.
32065 Castle Court, Suite 150
Evergreen, CO 80439
JobNo.0l-l36 August 23,2001
DENVER: 12364 lyest Atanteda prkwy., Snite t I S, Lakewood, CO. 6022E (303) g|g-1223
AVON: (970) 949-6009
SILVERTHORNE: (920) 468-6933
6?1
Es6Zl
#;il'.it^-*
August 23, 2001
Job No. 0l-136
TABLE OF CONTENTS
SCOPE
EXECUTIVE SUMMARY
SITE CONDITIONS
PROPOSED DEVELOPMENT
GEOLOGIC HAZARD STUDIES
INVESTIGATION
SUBSURFACE CONDITIONS
GROLTND WATER
CONDITIONS INFLUENCING PROPOSED DEVELOPMENT
FOUNDATIONS
FLOORS
UTILITY CONSTRUCTION
SITE WORK
General
Cut Slopps
Eill
Retaining Walls
SITE DRAINAGE
PRELIMINARY PAVEMENT DESIGN
Preliminary Flexible Pavement l-tesign
Preliminary Rigid Pavement Design
FURTHER INVESTIGATION
LIMITATIONS
VICINITY MAP
SITE PLAN
CURRENT GEOLOGIC HAZARD STUDY
PREVIOUS GEOLOGIC HAZARD STUDIES
xoecntl}cons aLrr NG ENGTNEER:, rNc
Co n sa Iti r. g G e o te ch n ic al E ng in c e ts
tI
J
4
)
)
6
6
7
8
9
9
l0
l0
t0
ll
ll
T2
t2
l3
l4
l5
l5
Fig. I
Fig.2
Appendix A
Appendix B
August 23, 2001
Job No. 0l - 136
x oe cut}co ns u Lrr NG ENG TNEERS, r NC.
Con su Iling G eo technical Engin ee rs
SCOPE
This report presents the results of a preliminary geotechnical investigation for the
proposed commercial development of 6.5 acres located in the Mountain Bell Site in Vail,
colorado. The approximate site location is shown on the vicinity Map, Fig. L The
purpose ofthe investigation was to evaluate the subsurface conditions at the site and to
provide preliminary geotechnical recommendations for the proposed development.
This report includes descriptions of anticipated subsurface soil and ground water
conditions based on adjacent properties and our experience with similar projects, the
geotechnical conditions influencing the proposed development and recommendations for
development of the site. This report presents anticipated subsurface conditions for the
proposed development. Site speci,fic geotechnical invesligations should be pedormedfor
individual building sites and pavement subgrade, as recommended in this report.
A summary of our investigation findings and conclusions is presented in the
followine section.
EXECUTIVE SUMMARY
l. Based on adjacent properties and our site reconnaissance, we anticipate
that the subsurface conditions will consist of either topsoil or existing fill
underlain by alluvial soils. The alluvial soils should be characterized by
medium dense to dense, sand and gravel with cobbles and boulders. We
anticipate that the existing fill will be characterized by a loose to medium
dense, sand and gravel with cobbles.
o xot cn tto ws uLrrNG ENG. NEER,' rNc.Consultittg G e ote ch n ical Engineers
August 23,2001
Job No. 01-136
2.
J.
4.
5.
6.
Because Middle creek appears to have been rechanneled to its current
location, it is possible that ground water could be encountered in isolated
underground channels throughout the proposed development, Refer to the
GROUND WATER section of this report for additional details.
Two buildings with associated amenities and utilities are currently located
on the subject site. All existing foundations, slabs-on-grade, utilities and
associated fill should be removed to expose the natural soils prior to
construction of the proposed development.
Based on our site reconnaissance, we anticipate that existing fill will be
encountered during construction of the subject project. we believe that
the existing fill will be characterized by sand and gravel with cobbles and
boulders. In our opinion, the existing fill, free of deleterious material, may
be used as structural fill for the development of the project.
In our opinion, the proposed buildings within the development may be
supported by spread footing foundation systems bearing on the natural
sand and gravel soils. However, because these soils are alluvial soils,
differential settlements are possible. Refer to the FOITNDATIoN section
of this report for more information.
In our opinion, the natural sand and gravel anticipated throughout the
development will support slab-on-grade floors. Refer to the FLOORS
section of this report for more information,
cuts up to 10 feet in height may be necessary along the access road to the
proposed parking structure. Large cut slopes, greater than l0 feet, will
need to be evaluated by a Professional Geotechnical Engineer. Refer to
the EXCAVATION section of this report for additional cut slope
recommendations.
8. Retaining walls and fills may need to be constructed along the proposed
southem parking lots. Refer to the SITE woRK section of this report for
additional details.
9. Utilities will be installed for the proposed development. Because cobbles
and boulders are anticipated throughout the development, it is our opinion
that heavy-duty excavation equipment will be required to complete
excavations within the proposed development.
August 23, 2001
Job No. 0l-136
KOECHLEIN CONSALTING ENCINEERS, INC.
Co nsulti ng G eotech nical E ngin eers
10. we anticipate that paved roads are to be constructed for the proposed
development. The paved roads may include both rigid and flexible
pavemsnts. Preliminary pavement recommendations based on anticipated
subsurface conditions are presented in the pAVEMENT DESIGN section
ofthis report.
SITE CONDITIONS
The proposed development is to be located on 6.5 acres in the Mountain Bell Site
in Vail, Colorado. The site is bordered by the North Frontage Road West to the south and
partially by Mountain Bell Road to the north. The Mountain Bell Tower borders the site
to the west while open space will border the site to the east. The subject site is shown on
the Site Plan, Fig. 2. Two existing buildings with associated amenities and utilities are
located on the subject site. The buildings are single-story buildings and are of wood
frame construction. Because of the previous development on the site, existing filI was
observed throughout the proposed development in the area of the existing buildings.
Existing fill was not observed in the area south of Mountain Bell Road. The topography
of the site consists of moderate slopes of 5 to l0 percent to steep slopes of 1 5 to 20
percent. The overall drainage ofthe site is generally to the south. Vegetation on the site
consists ofgrasses, bushes, trees and aspen trees,
August 23, 2001
Job No. 0l - 136
O
KOECIILEIN CONS ALTI NG ENGI NEENI, INC.Consulting Geolechnlcal Engineers
PROPOSED DEVELOPMENT
The project consists of the development of 6.5 acres in the Mountain Bell Site in
vail, colorado. A preliminary site plan for the proposed development was provided by
the Architect prior to our investigation, The preliminary development plan is shown on
the site Plan, Fig. 2. we understand that the proposed development may consist of
townhouse type, multi-family, commercial buildings with associated access drives and
parking lots. The buildings will be constructed south and southeast of Mountain Bell
Road. Parking areas for the proposed buildings will be constructed to the south of the
buildings and to the north of the proposed buildings. We understand that the parking area
constructed to the north of the buildings may consist of a two-level parking stmcture with
the top level being at grade. we understand that the multi-family buildings will vary
from 2 to 4 stories in height and will be stepped to match the existing ground surface. By
stepping the proposed structures with the existing ground surface, we anticipate that
maximum excavations of only 10 feet in depth may be required. we anticipate that
pennan€nt cuts and fills will be required for construction of the proposed development.
Maximum wall loads were assumed to be those normally associated with multi-familv
cornmerci al construction.
August 23, 2001
Job No. 0l - 136
KOECHLEIN CONS ALTING ENCINEERS. INC,
Consulling Geotechnical Enginecrs
GEOLOGIC HAZARD STUDIES
A current geologic hazard study was perfbrmed for the proposed development in
order to identiff any geologic hazard that may exist on the subject site. The Geologic
Hazard Study was prepared in August of 2001 by R. J. Irish Engineering Geologist and is
presented in Appendix A.
In addition to the geologichazard study prepared by R. J. Irish, previous geologic
hazard studies for the area have been prepared. Three previously prepared geologic
hazard studies or summaries are presented in Appendix B.
INVESTIGATION
Because of the existing buildings, shrubs and trees on the subject site, access to
the site with excavation or drilling equipment is extremely difficult. In order to obtain
access to the site, an access road must be constructed through the proposed development.
Because of the inaccessibility of the site, exploratory test pits or borings were unable to
be excavated or driiled on the subject site. In order to obtain a general idea of the
subsurface conditions throughout the subject site, an engineer from our office
reconnoitered the site on August 14, 2001. The engineer observed the subsurface
conditions exposed within cut slopes throughout the proposed development and observed
the soils on the exposed ground surface. The subsurface conditions observed during our
field reconnaissance were compared to subsurface contlitions encountered during our
oAugust 23, 2001
Job No. 0l -136
is possible that ground water could be
throughout the proposed development.
KOECHLEIN CONSALTINC ENCINEERS, INC
Co n sultin g G eotec h nical En glnecrs
Howev€r, ground water encountered during the
investigations of nearby sites. The anticipated subsurface conditions presented in this
report are based on our site reconnaissance, information from nearby soil investigations
and our experience with similar locations within the Vail area. lllhen access to the site
Itas been constructed, we recommend that a site specific investigation be performed. lte
recommend that site spectfc geotechnical investigations be performed for each buitding
at tlte time the bttildings are being designed. In addition, we recontmend that a final
sttbgrade and pavement investigation be performed for the proposed access roads and
parking areas. lfrequested, we can perfonn the additional investigations
SUBSURFACE CONDITIONS
Based on our experience with nearby projects and our site reconnaissance, we
anticipate that the subsurface conditions will consist of either topsoil or existing fill
underlain by alluvial soils. The alluvial soils should be characterized by medium dense to
dense, sand and gravel with cobbles and boulders. We anticipate that the existing fill will
be characterized by a loose to medium dense, sand and gravel with cobbles.
GROUND WATER
Because Middle Creek appears to have been rechanneled to its cunent location, it
encountered in isolated underground channels
o
KOECHLEIN CONSULTING ENGINEERS, INC.Cotrsulting Geo!cchnical Engincers
development ofthe project can generally be controlled by using standard excavation and
trenching techniques' Therefore, we do not anticipate that ground water will adverselv
affect the proposed development.
CONDITIONS INFLUENCING PROPOSED DEVELOPMENT
Construction of the development will require excavation of the near surface soils.
We anticipate that these soils will consist of the medium dense to dense, sand and gravel
with cobbles and boulders. Because cobbles and boulders are anticipated, it is our
opinion that heavy duty construction equipment will be required to comprete the
necessary excavations,
Due to inaccessibility of the site at this time, exploratory test pits or borings were
not excavated or drilled in the proposed development. The anticipated subsurface
conditions presented in this report are based on our site reconnaissance, information from
nearby soil investigations and our experience with similar locations within the Vail area.
when access to the site has been constntcted, we recommend that a site speciJic
investigatiott be performed. l[/e recommind that site specif;c geotechnical investigations
be performedfor each building at the time the buildings are being designed. In addition,
we recommend that a fnal subgrade and pavement investigation be performed for the
proposed access roads and parking areas. rf rcquested, we can perform the additional
investigations.
August 23, 2001
Job No. 0l - 136
August 23, 200 |
Job No. 0l - 136
FOUNDATIONS
We anticipate that the materials at potential foundation elevations will consist of
either existing fill or sand and gravel with cobbles and boulders. In our opinion, the
existing fill will not safely support foundations for structures within the proposed
development. Therefore, all existing foundations and associated fill must be removed
from the proposed development prior to construction.
We believe that the anticipated sand and gravel will safely support spread footings
for the proposed buildings within the development. However, because the anticipated
natural soils are alluvial soils it is possible that loose, silty sand pockets or layers could
be encountered beneath the proposed development. Foundations conskucted on these
types of soils can experience large differential settlements. Provided that no loose sand
pockets or layers are encountered beneath the proposed foundations, it is our opinion that
the anticipated sand and gravel will safely support spread footings for the proposed
buildings within the development. We anticipate that spread footing foundation systems
for the buildings within the proposed development may be designed with a maximum
allowable bearing pressure varying from 2,500 psf to 6,000 psf. The allowable bearing
pressure will depend on the amount of cobbles and boulders within the building envelope.
The maximum allowable bearing pressure can be better defined during the site specific
investigations.
oo" rrr* ro*, rtlrrNc E Nc rN E ERs, rNc.Consulllng Geotechnicsl Engineers
August 23,2001
Job No.0l-136
x o r cn rc?co ns rrLr r N G E N G r N E E RS, r N c.
Co n su Iting G eo technical E ngin eers
FLOORS
The materials at the potential floor slab elevations may consist of topsoil, existing
fill or sand and gravel. In our opinion, the existing fill or topsoil will not safely support
slab'on-grade floors. However, the natural sand and gravel will safely support slab-on-
grade floors with a low risk of movement. The presence of loose, silty sand pockets or
layers will have less of an impact on slab-on-grade floors. However, if these pockets or
layers are encountered, they should be removed and replaced with properly moisture
conditioned and compacted fill.
UTILITY CONSTRUCTION
Construction of utilities below grade will require the excavation of the near
surface soils. We anticipate these soils wiil consist of topsoil or existing fill underlain by
sand and gravel with cobbles and boulders. Because cobbles and boulders are
anticipated, it is our opinion that heavy-duty construction equipment will be required to
complete the necessary excavations for utilities. Sand and gravel soils without ground
water classify as Type B soils in accordance with OSHA regulations. OSHA regulations
should be followed in any excavation.
August 23, 2001
Job No.0l-136
KOECHLEIN CONS ALTINO ENGINEERS, INCConsultlng Geotechnlcal Engine e rs
SITEWORK
General
construction of buildings and access roads may require cuts and fills to
obtain the desired grades. Any cut or fill slopes greater than l0 feet in height should
be evaluated by a Professional Geotechnical Engineer. Retaining wall systerns may
be required in some areas to reduce the extent of cuts and fills. We anticipate that
on-site sand and gravel may be rised in fill areas. Proper moisture treating of the
natural soils will be required prior to or during placement and compaction of fill.
surface drainage should be carefully evaluated during design and
construction tif the proposed development. Slopes around retaining walls and
buildings should be graded so that positive drainage is maintained away from these
structures.
Cut Slooes
Any cuts, which are greater than 10 feet in height, should be evaluated on an
individual basis. If requested, we can perform the evaluation of these slopes. In
general, slopes of2:l (horizontal to vertical) up to l0 feet in height should be stable
on the subject site, if properly drained. Surface drainage should be carefully
designed to divert surface water away from the slopes. All cut slopes should be
vegetated as soon as possible after construction.
10
August 23, 2001
Job No. 0l -136
x o a cau tlc o ns u Lrr N G E N G r N E E R s, r N c.
Co n sulting G eo te chnical E nginee rs
Eiu
Fills over l0 feet may be requircd for this developrnent. Any fill slope
greater than 10 feet in height should be evaluated on an individual basis. If
requested, we can perform the evaluation of these slopes. In general, fill slopes of
2:l (horizontal to vertical) up to l0 feet in height should be stable, if properly
drained. Fill may consist of anticipated on-site sand and gravel free of deleterious
materials or an approved imported granular fill. No cobbles or boulders larger than
12 inches should be placed in fill areas. Fill areas should be stripped of all
vegetation, topsoil, existing foundations and existing hll. The resulting surface
should be scarified and properly moisture conditioned and compacted. Fill should be
placed in thin loose lifts, rnoisture conditioned to within 2 percent of optimum
moisture content and compacted. The degree of compaction will vary depending on
the use of the fill.
RetainingWalls
Retaining walls may be
development of this site. The
conventional concrete retaining
timber crib walls and boulder
needed to reduce the magnitude of cuts or fills for
types of walls that are possible on this site are
walls, MSE (mechanically stabilized earth) walls,
retaining walls. The retaining walls need to be
ll
August 23,2001
Job No. 0l -136
xoc cn tfrcons alrrN G ENcrNEEns, rN c.Consulting Geotechnical Engineers
designed to resist lateral earth pressures. Lateral earth pressures depend on the type
of backfill, slope of ground surface behind the retaining wall, height of retaining
wall, and type of retaining wall. we can provide the design, or the geotechnical
design criteria, for the retaining walls once the specific site conditions and proposed
construction ars finalized.
S]TE DRAINAGE
Surface drainage should be carefully evaluated during desiga and construction of
the development. overall drainage of the site is generally down to the south.
Construction areas should be carefully sloped to reduce the possibility of infiltration of
surface water into the cut and fill slopes. In addition, slopes around retaining walls and
buildings should be graded so that positive drainage is maintained away from these
structures at all times. The surface drainage of the development should be evaluated prior
to establishing final grades.
PRELIMINARY PAVEMENT DESIGN
It is anticipated that the roads and parking areas within the development will be
paved. Based on the subsurface conditions, it is our opinion that flexible asphalt and
rigid concrete pavements are possible. It has been generally found that concrete
pavements tend to perform better than an asphalt and base course pavement. The initial
t2
August 23,2001
Job No. 0l - 136
x o r cn u. rfco xs a Lrr N G E N G r N E E ns, r N c.
Consulting G eo !ech nical Engineers
costs are generally. higher for concrete pavements, however, the long term maintenance
costs are less.
We anticipate that both flexible pavement and rigid pavement could be used at
this site. we recommend that rigid pavement be used in high traffic areas such as
entrances or where heavy vehicles (trash trucks, delivery trucks, etc.) turn or maneuver.
Two preliminary pavement sections based on high volume traffic and low volume traffic
are presented for the flexible pavements. High volume traffic areas are considered to be
access roads or fire lanes. Low volume traffic areas are considered to be parking areas.
The following sections present design assumptions and preliminary flexible and rigid
.pavement sections. In order to properly design the required paveme,tt sections, we
recommend when final subgrade elevations have been achieved, a final ntbgrade and
p ave ment inv e s t ig at i o n be p erfo nned.
Preliminary Flexible Pavement Design
The design of the preliminary flexible pavement was based upon an
Equivalent Daily Load Application (EDLA), anticipated soil properties and the
colorado Department of Transportation pavement design manual. preliminary
design calculations were based on assumed engineering soil characterjstics. Based
visual observations of the surface soils and review of soil investigations in the area,
we anticipate that the subgrade soils wiil classifu as A-l-b soils, as defined by the
13
o xotanto Ns u LrrNG ENGrN E E Rs, r Nc.Cottsulting Geotechnical Engineers
August 23, 2001
Job No. 0l - 136
AASHTO classification system. The preliminary pavement designs are based on the
subgrade soils having an AASHTo classification of A-l-b. This soil type will
generally have a Hveem stabilometer R-value ranging from 50 to 75. The R-value
was estimated from the AASHTO classification of the soil. Because the R-value of
the natural soil was assumed to be 50 to 75, the use of roadbase will not reduce the
pavement thickness. However, roadbase may be required to establish a finished
grade prior to paving. The EDLA for high volume traffic for residential
developments was assumed to range from l0 to 20. The EDLA for low volume
traffic was assumed to range from 3 to 5. Two flexible pavement designs, based on
the above rnethod, are shown below in Table A. These flexible pavement desigrrs
include two full depth asphalt pavements.
Prelirninary Rigid Pavement Design
A preliminary rigid pavement section was designed using the same values of
Table A
Summary of Preliminary Flexible Pavement Altematives
Traffic Volume Full-Depth Asphalt (inches)
Parking Areas 3.0" to 4.0"
Access Roads 4.0" to 5.0"
Note:
Because the R-value of the natural soil was assumed to be 50 to 75, the use of roadbasewill not reduce the thickness of pavernent. However, roadbase may be required to
establish a finished grade prior to paving.
t4
August 23, 2001
Job No. 0l-l36
ror cstfr o Ns rtlrr N c EN G r N E E Rs, r Nc
Con su ltitt g G e otec h nical E n gi n eers
the EDLA and R-value as those used in the high volume traffic flexible pavemenr
design. The colorado Departrnent of rransportation pavement design manual, along
with the above mentioned design values, were used to determine a rigid pavement
section. The preliminary rigid pavement design resulted in a design section of 4.0 to
5.0 inches ofconcrete.
FURTHER INVESTIGATION
Due to inaccessibility of the site at the time of this investigation, exploratory test
pits or borings were not excavated or drilled in the proposed development. The
anticipated subsurface conditions presented in this report are based on our site
reconnaissance, information from nearby soil investigations and our experience with
similar locations within the Vail area. Wen access to the site has been constracted, we
recommend that a site specific investigation be performed. we recommend that site
speciJic geotechnical investigations be performed for each btilding at the time the
buildings are be[ng designed. In addition, we recommend that a final wbgrade and
pavement investigation be performedfor the proposed access roads and pat*ing areas.
Ifrequested, we can perform the additional investigations.
LIMITATIONS
The anticipated subsurface conditions presented in this report are based on our site
l5
Auguct 23, 2001
JobNo.0l-136
KOECHLBTN CONS ALTING ENGINEENS, INC
Co n s ulting Gcotcchalcal Englncert
reconnaissancg information from nearby soil investigations and our exp€rience with
similar locations within the Vail area. Variations in the subzurface conditions frorn those
assumed in this investigation are possible. Any variations that exist beneath the
development generally become evident during site specific investigations. This report
presents the anticipated general subsurface conditions and guidelines for planning and
design purposes. When access to the site has been cowtnrcted, we recommend that a site
speciJic investigation be performed. we recommend that site speciJic geodchnlcal
investigations be performed for each building at the time the buitdings are belng
designed. In sddition, we recommend that aJinal subgrade and pavement investigstion
be performedfor the proposed o""o, ,oo'd, and parHng areas.
16
August 23,2001
Job No. 0l - 136
xoncnthoNs uLrrNG ENGTNEERI, rNc
Consulling Geotechnical Enginecrs
we appreciate the opportunity to provide this service. If we can be of further
assistance in discussing the contents of this report or in analyses of the proposed
development from a geotechnical aspect, please contact our office.
KOECHLEIN CONSULTING ENGINEERS, INC.
Reviewed bv:
u;/x* v. M,,Lh
William N, Houlette, P.E.
Senior Engineer
(8 copies sent)
s/ty'",-r::*\
Scott B.'Myers, P.E.
Project Engineer
l7
]cruern coNsuLTING ENGINEERS, tNc.
Consul ng GeotEchnlcal Englneers
t
T
A
OT TO SCALE
FIG, 1
JO8 NO.01-,t36
VICINITY MAP
AuSust 23,2001
Job No. 0l- l 36
KOECELE IN CONS ULTING E NGINEERS, INC.
Co nsul ti ng G e otechnical E nglneers
APPENDIXA
CURRENT GEOLOGIC HAZARD STUDY
7l0l West Yale
Avenue, No. 601
Denv6r, Colorado 80227
303.986.6658
R. J. lrish
Consulting Engineering
Geologist, Inc.
August 16, 2001
KOECHLEIN CONSULTING ENGINEERS
12364 West Alameda ParkwaY
Suite 115
Lakewood. CO 80228
Re: Engr. Geologic Hazard Study, Middle Creek Village at Vail Development, Vail, Colorado.
Job No. 564
Gentlemen:
In response to your call, we have geologically reconnoitered the site in Vail, Colorado'
planned for the Middle Creek Village at Vail Development, which is to incorporate affordable,
multi-family housing and appurtenant facilities on about 8 acres. This irregularly shaped tract is-
tocated in L part otine Stii SE1/4 Sec. 6, T. 5. S., R. 80 W., Eagle cqYltv, Colorado, north of
the north service road immediately west of the Old Vail/lnterstate Highway l-70 exit'.and
adjacent to an existing Mountain Bell telephone tower (Fig. 1), lt lies at the foot of the northem
slope of the west-treniing Gore Creek Vailey where that slope is breached by a canyon section
o{ the Middle Creek Valle-y. The ground surfice across the property slopes generally southward
at about 10:1 (horiz. to vert.1 froir Elev. 8290 feet to Elev. 8220 feet. The western two-thirds of
the property ii forested witir aspen and scattered evergreens.. Some of the latter are quite
large. the Lastern third ofthis tract is covered by sagebrush and other brush types.
Our objective has been two-fold: 1.) to generally delineate.geologic conditions across the
property and immediate vicinity, and to'eval-uate the probable influences those conditions will
i-taie on the planned construction, with special reference to geologic hazards, such as
landslides, debiis flows, and rock falls, that could impede the development of the property; and,
2.) conveisely, to assess the proba'ble impact of the planned construction on the natural
geologic condiiions. An ancillary goal has been to suggest means to ameliorate the risk posed
Oy any geologic hazards that may be discovered
During the course of our work we have stereoscopically examined aerial photographs of th-e
property a-nd uicinity, and have geologically reconnoitered the site and vicinity (on August 15'
ZOCjt).
'Our interpreiations of gedtogiicond-itions across the site and vicinity are illustrated by a
geologic map, Figure 1 (attached).
We conclude that the tract to be occupied by the Middle Creek Village at Vail Development
is subject to debris flows periodically emanating from the valley of Mill Creek, as well as rock
falls from the lower part of the adjacent sectoi of the steeply inclined, northern slope of the
eigte Creef Valley. 'We assess the debris flow risk td be high, and the rock fall hazard to be
medium. The former risr, we believe, could be substantially reduced one or more of several
alternative mitigating t"iirt"t. These could be selected and designed when the final plans
for the project are Oeveiofed. The latter risk could be reduced materially by hand-dislod.ging
boulders, illowing them to roll down the hill and onto the floor of the debris fan before buildings
are constructed on this site.
Consultant to Designers, Contractors, Plannets
R. J. lrish
Consulting Engineering
Geologist, Inc.
Site Geologic Conditions
The Gore Creek Valley has been eroded into the interbedded sandstones, siltstones,
shales and limestones of the Pennsylvanian-age (about 325 to 286 million years ago) Minturn
Formation by both streams and glaciers. Glaciers repeatedly occupied the valley of Gore Creek
during the lce Age, which began about 2 million years ago, and terminated only about 8,000
years ago in this part of the Rocky Mountains. The glaciers deposited morainal soils across the
lower slopes of the valley and both glacial outwash and morainal soils across the valley floor,
aggrading it by as much as 100 feet or more. The upper reach of the Mill Creek Valley was
occupied repeatedly by glaciers also, as evidenced my multiple cirques at the head of the
Valley, and a U-shaped transverse topographic proflle that extends down valley to about the
Elev. 9800-foot contour. That contour crosses the floor of the canyon about 2 miles upstream
from the junction of that valley with the Gore Creek Valley.
The morainal soils generally are an heterogeneous, medium dense to dense, mixture of
sands, gravels, cobbles, and scattered boulders in a silt matrix. Mostly the soils are granitic
rock debris, but include sandstone, siltstone,-and limestone debris as well. The permeability of
this soil typically is low, on the order of 10'5cm./sec., but may include lenses of much more
permeable sands and gravels. The soils deposited by glacial meltwaters (the glacial outwash
deposits) typically are interbedded, medium dense to dense sands and sandy gravels that
commonly are cobbley and bouldery. These typically are quite permeable, on the order of
!0-2 cm./sec. to 104'cm. sec. The morainal soils blanketing the toe of the northern slope of the
Eagle Valley adjacent to this property are estimated to range from about 5 feet to 20 feet thick.
Since the end of the lce Age, fast-moving floods charged with soil and rock debris
(essentially mud flows) repeatedly have coursed down the Middle Creek Valley, and have
deposited their bed loads out across the floor of the Gore Creek Valley at the confluence of
those valleys where the Middle Creek Village at Vail Project is to be sited. Those flows are
referred to as debris flows. Moreover, many "normal" floods have carried soil and rock debris
out onto the floor of the Eagle Valley at this confluence, as well.
ln consequence, a debris/alluvial fan has been constructed at the mouth of the Mill Creek
Valley. lt is about 2000 feet long along its toe, and about 1200 feet wide from its apex in a
canyon section of that valley to its toe adjacent to Gore Creek. lt is expected to be formed of
torrentially interbedded loose to dense, sands, gravels, cobbles and boulders in a silty matrix.
The soils, granitic metamorphic rock, sandstone, and sillstone debris, are expected to both
overlie and interlense with the morainal, alluvial and glacial outwash soils underlying the floor of
the Gore Valley. These fan soils probably range to several tens of feet thick across the center
of the fan.
The permeability of these debris/alluvial fan soils probably ranges widely, due to a widely
ranging "rtnes" content, from an estimated 10'3 cm./sec. to 10's cm. sec. The ground water table
in these soils probable lies about 15 feet below the ground surface at the southern edge of the
property, but probably is much deeper in the head area of the fan.
The interbedded, fine grained and fine to coarse grained sandstones, siltstones, shales and
microcrystalline to very fine grained limestones of the Minturn Formation crop out sporadically
across the foot of the northern slope of the Gore Creek Valley adjacent io, and within ihe
R. J. lrish
Consulting Engineering
Geologist, lnc.
canyon section of Mill Creek Valley. These are relatively well indurated, strong, hard rocks.
Their unconfined compressive strengths, we estimate, range from about 10,000 psi to 15,000
psi for the sandstones and siltstones, 25,000 psi to 30'000 psi for the limestones, and 5,000 psi
to 8,000 psi for the shales. The shales are only poorly fissile. These strata are thin to thick
bedded, and their near-vertically dipping joints typically are severalfeet to 10 feet apart. The
beds strike north-northwestward and dip about 25o west-southwestward, thus nearly parallel to
the contours of the valley slope, rather than out of the slope. These rocks, including the
sandstones, have very little, if any, intergranular permeability, but ground water undoubtedly
flows along some of the joint planes.
No faulls are known to us to disrupt the bedrock strata underlying the project area, but
several have been reported in the vicinity. These are believed to be inactive.
Assessment of Geologic Hazards
Debris flowage is the principal geologic hazard attendant to the Middle Creek Village at Vail
site. In fact, this site effectively spans the upper sector (i. e., uphill sector) of the debris/alluvial
fan, thus could be flooded if a debris flow or "normal" flood should leap the banks of the channel
of Middle Creek at the apex of the fan at the mouth of that valley. A debris fan is deposited by
multiple debris flows, which are high-energy flows of surface water charged with soil and rock
debris. The flow is debouched from a steep-floored ravine onto the floor of a main valley, where
its bed load is deposited to form part of a fan-shaped deposit, the debris fan. Typically a debris
flow is initiated by localized, high intensity rainfall that quickly washes loose soil and rock from
the catchment area of a ravine or canyon. This debris is carried esserltially as a mud slurry.
Commonly the debris flows and the companion flood flows abandon the channel occupied by
the creek on a debris/alluvial fan, spread out across the fan surface, and even create new
channels during some events. These flows, both debris and "normal'flood flows, can seriously
damage or destroy buildings and their infrastructure, as well as harm the occupants of those
buildings.
We assess the risk of debris flows from the Middle Creek Valley to be highr during the
lifetime of the project, although we cannot predict their average recurrence time interval'. That
recurrence time interval is likely to be quite erratic. Their volumes could range from small to
quite large because the drainage area of Middle Creek incorporates about 6 to 7 square miles.
The high risk posed by debris flows, as well as by "normal" floods, could be reduced by one
or a combination of several mitigating measures. The designs for these could be incorporated
in your final development plans.
Additionally, debris fan soils tend to be subject to differential settlement when wetted, but
the potential impact of this can be moderated by foundation engineering practices well within the
state-of-the-geotechnical eng ineering practice.
t Our assessment of risk is couched in qualitative, empirically-derived terms (high, medium, and low).
The state-of-the-geologic-art does not permit a rational quantitative analysis.
2 An experienced engineering hydrologist should evaluate the risk of "normal" flooding.
a
R. J. lrish
Consulting Engineering
Geologist, lnc.
Large and small boulders of granitic rock and limestone are scattered across the steeply
inclined surface of the foot of the valley slope overlooking the eastern half of the project area.
Most of these appear to be embedded in the morainal soils that blanket that area, but a few
appear to be perched on top of that ground. Both could be dislodged by slopewash erosion,
thus could tumble down into the project area.
We consider the risk of such an event to be medium during the lifetime of the project. That
risk could be reduced substantially, we suggest, by dislodging the exposed boulders by hand,
utilizing a steel bar, and allowing them to fall onto the surface of the debris fan down slope
before any buildings are constructed on this tract. The area to be serviced extends from the
northern side of the fan surface up to a terraced section of the slope about 150 feet in elevation
above the fan surface, and from the eastern side of the property to the eastern side of the
mouth of the Middle Creek Valley.
Boulders perched on, and partly embedded in the morainal soils across the toe of the Eagle
Valley slope west of the mouth of the Mill Creek Valley may be dislodged naturally from time to
time and roll down the slope, but they should not travel into the western section of the planned
development area. lnstead, they are likely to be trapped in the channel of the creek, which
traverses along the toe of that slope. Any that may skip over that channel, however, should be
trapped by the dense brush and aspen west of the Mountain Bell tower, or impeded by the
tower buildings.
The soils and rock underlying the Eagle Valley slope in the vicinity of the planned
development site appear to be relatively stable. We observed no landslides there or ground
surface cracks that might presage landsliding. The granular soils of the shallow sloped
debris/alluvial fan do not evidence instability or incipient instability.
The 40-mile long Gore Fault, a major mountain-bounding structure on the western side of
the Gore Range, lies about 4 miles east of the project site (at its closest approach); the SO-mile
long Mosquito Fault lies about 12 miles to the west; and the 25-mile long Sawatch Fault
terminates (at its northern end) about 24 miles south of the site. Some seismologists consider
these 3 faults to be potentially active; but most seismologists, nonetheless, consider the risk of a
strong earthquake generated by those faults or any other fault within a hundred miles of the
project site to be low to insignificant during the next 100 to 200 years. This is not to say that this
part of Colorado is seismically quiescent, but the earthquakes generated by the reactivation of
faults in this region should have small magnitudes. Earthquake intensities of V to Vl, with peak
accelerations of 0.059, we conclude, are unlikely to be exceeded at this site during the life of the
project.
So long as the construction of the planned buildings and appurtenant facilities does not
materially change the existing ground conditions of the natural soils and/or bedrock, slope
stability should not be impaired. lf cuts or fills in excess of 5 feet high are needed, however,
they should be designed by a geotechnical engineer experienced in that work. Ponding of water
on the debris/alluvial fan slope, of course, should be avoided because seepage water from a
pond could build pore water pressure in the debris fan soils, thus could trigger ground
movement.
R. J. lrish
Consulting Engineering
Geologist, Inc.
Othenrvise, the construction as planned should not increase the geology-related hazard to
other property or structures, or to public buildings, roads, streets, rights-of-way, easements,
utilities, or facilities.
We have appreciated the opportunity to work with you on this project. lf you have any
questions, please call.
Yours truly,@9e
Robt. James lrish, P. G.
Consulting Engineering Geologist
August 23, 2001
Job No. 0l- 136
rottnnv coNs uLrrN G ENGTNEE Rs, rN c.Consulting Geotechnical Engineers
APPENDIX B
PREVIOUS GEOLOGIC HAZARD STUDIES
ovttrtzvol vr.z4 3s36707L62 oD€LL AECIIITECTo PAGE g2o
Preparecl For
Mr. Dunne piper
Prcparcd By
futhur L Maan, pE., Iac,
Gunn json,' Colorrdo
\roverrbcr, 1992ofr-w-aft
a
aro/ .:,J/ Su(,l vaa a.l
'-.a
tv t tol
o
UIJt,LL ARCHI TECT
o
PAGE 03
' I SUMMARY AI.ID RECOMMENDATIONS
TI: c following sunrmarizcs the iindings of this study an<l providcs reconrmcndzr ions. Addirionaldctail is glven in Scojons 2 : 4 of, thc rcport.
ROCIGALL
Rockfall is not n potcntial bazar<j to the proposccl
plan prcparr:d on 3-L9-92 by AJpine Intimational.
obscrvation:;:
dcvclopment as shorvn on a conceptual site
Tlris conclusion js based on rhe following
c. Flockfall sourcc arcas do nor cxist abovc the caslern portion of thc proposed
devclopmcnt (the ,,East parccl");
b. Although rockfall may occur abo'c thc "wc.st pnrcgl,'it rvill consist of
nrocicrr(c'sizgd, rarc rockfall ct,snts that rvjll not rcach rhc proposed builcjing.
DEBRTS FI-OWS
/''-.-\ \
Dcbris florvs rvill not affcct thc Easr.Parccl but "{n ou.r*n'tg! wcst parccl. This conclusionsarc bascd on thc follorving obsen,.rtibns: \j
o. i1.,. Easr parccl is nor in linc rvirh dcbris florfrl---:----
b. The s'cst Parccl is locarcd on an arluvial fan procluccd by rlcbris-florvdep.sition as cvicicnccd b1, l,) granitc bourdcrs I - j fcct long on ibe surfacc, 2)dcprr5j1j6n6.1 lobes 5 fcct high, an<J 3) a large sourcc arcal
c, T'hc florvs maybc dcep as thcy arc channelizccr tkougl rhe canl,on crodcd into. thc bcdrrlck di*ctly rbovc thc sitc.
RIcOIVfMINDATIONS
T?rc follorving rccommcnclsfion altcrnotives are bascd on thc conclusions outlined aboyc and onmy cxpcric;:cc rvith thc dcbris-florv proccss in vail, cnd at otbcr locations:
a. zlyoid construction on thc Wcst pi,arcel; or
b. I)csign structurcs on thc wcst parcel for irrpacr and dcpositionar forces fromdebt'is flows; or
c. ProccecJ ,rvirh rhr <icvclopmcnt plans as 1fory_on tfrc C-j,p_SZ conceptualstudy, build no rnitigarion, and accipt r.hc risk "r no*r'*;ir ,.Ji orrroo, of -
appro.xinratcly 300.- 1000 ycars that would damage strucrures.-''l'
UUELL AF!;III I_col 1:rt 1v4t !7, 14 aoJotot Lol- ve,'f t/NE .it,N itr: iI raI 97(' {tr otbl LUI
o
PAGL V4. Qooe
US West lMreless LLC.{301 E. Colfax Street, $uite 314penvor, Colorado g0220
Atlnt Mr, JEson Littte
Re:
.c.3gloeic Hezird Invortigailon lRrvtsion I
.rls.-Wtor Ceilutar Stte, UiU-ros --
Vail, Colondo .
Terrcon projoct No. Zl9g5t4g
lfb;ggon
i#,sl,Fwilt6'ffi"
Itear Mr. Litilo,
AS reguelted, Tenacon has eam,,t^r-,rrsrerenced.,".,,o-#,lliilljfiT"?ff ll::_ffi ,fi.ffi,:,ffi
f L:l#:f ;have a smail addition ptaccd on ths nJdh il;;: clstins fachy. The cddition is b uelfi#ffi:ft. ec,pm€n: ehcrrcr rhJ;i *'**o ,i,r," ior',.ori-Jrl, or he
On June 11, tggg Ir'conna,ssance*o"rll""iHiryTytr:'tri.tff
"Jm,,ff l:rr"*:#:site rs roosted in the southeasr ***"u*""?'iownstrip s south, Rangr 80 west onff"1"ff":tl,t"r'ltit#tt 70' rhe t"t '"*"-r*"raterv to sre€pry ro rhc so'th. Arhecreek*J,*,,0"il::i:i=!1;'trill1,trXm".;1m"g,.",:W:
locatd east orhe propose-d f'ctty' The
"ri.ting;s w"et hcirity is a multi-story conc*testrudure with an exirti'g tower' A *".,* *iJJ*,* rwa,e was noied eround thenorrh, eart, and wesl slteg of the uri.tins hJildin;l' "'.
Ttre sih is tocabd on eualemary.@ull Lakey age ailuviat hn doposits. Thc deposits arepoorty scrred mixtures or *t sano, s,.",; ;fi;r, a"no uoutders. The g,ravel io uource,ctasts !'" subangurar to sTio:nded-ano ;il;Gr to exhbir a dofirinanl drrecrion or::il$:"; T:Tflffir:.u,lyins rilauu*r*il"o"oo b rhe pennsyrvanjan Minrum
congtomerate, .t.t., wtt'1-1Tefi'g:d
of red to prink interbatdea unit, oi,"no.ron",nodh.ndopsapprorma:[T:gtrAi"Hn*I?,f*n*t*]f*f
:ff#."ffiffn;,:*Ho,.fl1* *ni" i" JJ west raciritv near rhe mouth qr rhe
The city ol Veil debrls iors*uatedb*wecn''"Jn,,iJ#,lH:1:::?'.1,T:::*T#;.":iT:.Hi,H
fall hazard zones aru t"ne"l
"r r*ing ""1;*r]tt.riu ot the at*m, and drrec*yad,ac€nr ro rrs E351 srde. of the srtc] t.*c'"T'rn, hazard maps end our eilereconnaiseunce' ir is our opinion the or"*.J
"Joo,* is not rocated within eithor of the
"'""f s.'ro1Fil;.m*##u;5s#s:,!{il3."H!'*1,ffi*isJr?*t
qrdet cad.r.itry t |G. ,Dff
TEnRACoN
*o I ill !17 i o o;.i#., 0,, *,ffi 6?r, u.ro
l1^yeciarg the opportunfy ro w(
ffi:l.l:thrs report' orirwe mav
Sincerely,
TERRACON
Copier to: Addressee (Z)
lwo rock fafl hezard zone
identifies tti;t;;#:'^Yt are adiacent to the
opnron rha'he entire r,*,,::*ot'^'i""t'i" .rr:.-'nt'
n't dobris flow hae,rd n'p
are rocered coufd be al.ru#
hn upon whlch t"t;o;;ntn course of the slream. lt ts our
rs
'rosed inro irs channe, ll-t i""t 0"" lr-i rf redfrtv and the Prcpotod
"ooruon
ner,"ve tie dsk or debrb *1lo lt :-*t"g t;;ff;ilT' Howewr' because the slream
wrr be an unoccrrpied *"#:I'TP *""otitti.,ilr orvenion etrudures in Dlsco' u'e
n9,.
"pp"rr rret conectrvcl:y tt*t"toili'r r*'-aJ'
Abo' tla proposed addfion
aoctllion. lt is dso o* oo,n,::1::erhg or tt";il; engtneedng p€,"pecltves' ir does
,ncrease rhe geologrtc nr."ll rrtat nu tonri.rJ#lrf**uttt arc warnnted for ite
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Appendix l: Environmental lmpact Report
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
srEwARr fr4RotwEMAr, coNsutrA frs, tf,.
Envi ron mental I mpact Repo rt
for the proposed
Middle Creek Village
Vail, Colorado
Oltlc. & Laborator$
3801 Aulomation Way, Suite 200
Fort Collins. Colorado 80525
(970) 226.5500
FA)( (970) 22e4946
stEwart@webaccess,net
Prepared by:
Stewart Environmental Consultants, I nc.
Consulting Engineers and Scr'entisfs
Fort Collins, Colorado
August 2001
TABLE OF CONTENTS
Page
lll. PRoJECT BACKGROUND AND DESCRIPT|ON.............. .........................2
IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY.. .................. 3
3::[i138s,"J]
v. ENVIRONMENTAL CONCERNS AND RECOMMENDATTONS ........... .............................. 5
vt. oTHER ENVTRONMENTAL COND|T|ONS.................. .............................. 7
A. Land Acquisitions and Displacements................ .............7
B- Land UseandZoning..-......... ....................7
H. Navigable Watenuays and Coastal 2ones............. .......... I
J. Energy Requirements and Potential for Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . : . . . . . . . . . . . 8
M. Community Disruption ........,.................. 10
N. Secondary Development ....................... 11
O. AGENCIES AND PERSONS CONSULTED ................ 11
vilr. ASSESSOR QUALTF|CATIONS .............. ....................... 14
FIGURES
1. Location Map
2. AerialPhoto
3. Site Map
4. Photographs
APPENDICES
A. Eagle County List
I. INTRODUCTION
Odell Architects, PC retained Stewart Environmental Consultants lnc. to perform an
Environmental lmpact Assessment of the proposed Middle Creek Village development. The
property is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from
Vail Village. The proposed project consists of multi-family housing constructed on a 6.5-acre
site owned by the Town of Vail. The purpose of the project is to provide affordable housing for
people currently employed in Vail, who are presently living in or near the community. The
project owner is Coughlin and Company, 14O East 19h Ave., Suite 700, Denver, Colorado
80203-1035.
The site location is depicted on Figures 1 through 3. Photographs of the site are provided as
Figure 4.
II. PURPOSE
The purpose of performing the Environmental lmpact Assessment is to achieve the following
objectives:
A. Availability of lnformation: To ensure that complete information on the environmental
effects of the proposed project is available to the Town Council, the Planning and
Environmental Commission, and the general public.
B. Environmental Protection A Griterion: To ensure that long-term protection of the
environment is a guiding criterion in project planning, and that land use and development
decisions, both public and private, take into account the relative merits of possible
altemative actions.
C. Review and Evaluation Procedure: To provide procedures for local review and
evaluation of the environmental effects of proposed projects prior to granting of permits
or other authorizations for commencement of developmenl.
D. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in
geologic hazard areas, by way of illustration, flood plains, avalanche paths, rockfall
areas, where such hazard cannot practically be mitigated to the satisfaction of the
Planning and Environmental Commission and the Town Council.
E. Protect Water Quality: To ensure that the quality of surface water and ground water
within the Town of Vail will be protected from adverse impacts and/or degradation due to
construction activities. [Ord. 37 (1980) 10:Ord. 19 (197Q 1a. Ord. 8 (1973) 16.100]
Stewaft Envimnmental Consuftants, lnc.
Page 1 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
III. PROJECT BACKGROUND AND DESCRIPTION
Site Goncept
The initial conceptual design approach for Middle Creek Village housing is meant to reflect a
new model of multi family housing in mountain communities. The site parameters and
community context were the prime motivators for the layout of the buildings and parking;
however, the solution incorporates some planning principles of a more 'urban" nature.
The buildings are arranged around a pedestrian oriented "street" which creates an axis running
east to west across the site. The 'street' rises to the center of the project, following the
contours of the site. Entries into individual units as well as project amenities will occur along the
path, and lt is envisioned to include both hardscape and landscape areas. The pedestrian
street will be an active place reminiscent of other village centers in the community.
Encouraging the use of alternate transportation, our team proposes to work with the Colorado
Department of Transportation and the Town of Vail to create a project specific transit stop, as
well as develop pedestrian and bicycle access from the site into town, These are accessible to
the residences along a central pedestrian spine that runs down the hill and through a two-story
opening in the cenler building, ending at the proposed transit stop. Given that a large segment
of the market for this project will be seasonal employees, our team believes the daily use of the
automobile can be minimal. Consequently, the relationship between the car and the building is
downplayed in our solution.
Separating vehicle parking from the buildings allows the project to create a pedestrian oriented
"village" characler and allows the buildings to be sited closer together, thus visually reinforcing
this image. This is similar to the exterior pedestrian spaces created by the architecture at areas
such as Bridge Street in Vail Mllage and Lionshead Village. The siting of the parking areas
behind the buildings will also help shield views of the lots from the frontage road and from
across the valley.
The Early Learning Center has been sited to the far eastern edge of the site, but is easily
accessible from the residences on the loop road. This configuration provides a nicely separated
site for the children's facility.
The overall site concept adheres closely to the existing contours of the site. The buildings rise
and fall across the length of the site with the terrain, creating an undulating profile that further
reinforces the'village" concept.
Building Goncept
Further reinforcing the "village" concept, the buildings are designed as three separate building
types. All the buildings will be one unit deep, creating cross flow ventilation and economy of
construction. There are no enclosed walkways or stairtowers, as the site allows the majority of
units to be accessed at grade. lntemal floor plans will develop stacked plumbing cores, and the
mix of units will be designed to minimize structural offsets and maximize construction simplicity.
Each of the six residential buildings includes a one-story element on the end which houses
laundry and storage facilities for that building. The building orientation creates maximum.
Stewad Environmental Con sultants, lnc.
Page 2 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
southern exposure for every unit. The fact that the buildings are simply one unit deepcreates
excellent opportunities for flow-through ventilation. Our proposal will incorporate highly efficient
mechanical and electrical designs. We believe on a scale of zero to five our development will
achieve a five, or the highest efficiency rating available. Since all units are accessed from grade
or a small stair, there are no interior conidors to heat or cool, further enhancing overall energy
efficiency. Please refer to our preliminary LEED evaluation in Section Vl-J for additional
information on energy and sustainability.
The overall character of the building design is meant to reinforce the "village' concept, with
varying building types, massing, and styles creating a cohesive whole. Stylislically, we will
incorporate the tradition of Vail Valley architecture while maintaining an economical design.
This can be achieved by the judicious use of distinct design elements throughout the project. In
a cost sensitive project, forms may be simple, but the sensitive use of massing, scale, and
rhythm can create an architecture that is respectful ol and complimentary to, the surrounding
architecture of Vail Valley. The exciting architectural design and pedestrian street space will
create a of choice for potential employees.
IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY
Location
The subject property is an inegular shaped, approximate 6.5-acre mountainside site; its location
is described as a part of the South lz of the Southeast % of Section 6, Township 5 South,
Range 80 West of the 6th PM, Town of Vail, Eagle County, Colorado. The property adjoins the
existing Mountain Bell property located north of the l-70 North Frontage Road.
Zoninq
A majority of the subject site is presently zoned 'NAPD" (Natural Area Preservation District),
and a small portion of the site where two early learning centers are located is zoned "G"
(General). The proposed project will require rezoning the 6.5-acre site to the designation 'H"
(Housing).
Site Usaqe
The property is owned by the Town of Vail. Onsite development includes two small wooden
structures presently housing early childhood learning centers. They are located directly east of
the offsite Mountain Bell structure. Site development plans call for demolition of the two early
childhood learning facility structures with construction of a new leaming center at the southeast
portion of the site. .The remainder of the site is undeveloped open land except for the existing
road and parking area that serves the off-site Mountain Bell facility and the onsiteearly learning
facilities. The proposed use of the property was described in Section l, above.
Hvdroloqic Conditions
No surface bodies of water are located on the proposed project site. Onsite surface drainage is
mainly via sheet flow and is generally southerly, although the western portion of the site likely
drains to Middle Creek, located off site just to the west of the entry road. A man-made drainage
2850-001 Environmental lmpact Report
Middle Creek Mllage
Vail. Colorado
Stewart Environmental Consultants. lnc.
Page 3 of 14
channel adjoins the eastern side of the Mountain Bell structure. Soil and drainage issues are
described in reports provided under separate cover by Koechlein Engineering and Peak Land
Consultants, Inc.
Geolooic Gonditions
A geologic report by RJ lrish, Consulting Engineering Geologist, lnc. is provided under separate
cover.
Biotic Gonditions
Ecologically, the property is located in the Montane Tone at elevations of approximately 8,220 to
8,300 feet above mean sea level on a southerly aspect. Regarding plant communities, the site
is described as complex as it contains elements of several communities. These include
Montane Grasslands and Mixed Mountain Shrubland located on the eastern portion of the
mountainside with Aspen stands occurring at the southeastern portion of the site. These
communities include representatives of most of the life forms of the plant kingdom including
ferns, grasses, forbes, shrubs, and trees. Native and non-native vegetation is present including
invasive species of noxious weeds. The westem area of the property is mainly Montane
Riparian Forest dominated by Nanowleaf Cottonwoods (Populus angustafolia) and a scattering
of Thin-leaf Alder (Alnus incana) and Aspen (Populus tremuloides). Presence of Aspen as well
as species of invasive weedy forbes indicate the likelihood of past disturbance such as fire.
Climax community species such as Colorado Blue Spruce (Pieapungens) are located off site
higher up the Middle Creek drainage, but Blue Spruce and other climax community trees were
not observed on site.
Wildlife uses the site; large mammals including deer and elk browse on the Serviceberry and
Cunent located in the Mixed Mountain Shrubland Community. Other mammals including Black
Bear, Coyote, Fox, Rabbits, Chipmunks, Golden-mantle Ground Squinels, Pocket Gophers, and
other rodent species likely feed and/or inhabit the site. Reptiles, such as species of Garter
Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on
site. Although Middle Creek is located off site directly west of the property's westem boundary,
the creek is not likely used as a migratory corridor. lnterstateT0 and development adjoining the
south side of l-70 preclude use of the conidor for migratory use. Middle Creek is contained
within a culvert from the north side of l-70 to its confluence with Gore Creek south of 1-70.
No known threatened or endangered species of plants or animals have been identified at the
site. However, no onsite surveys for such species are known to have been performed. The
Coforado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of
various animals, plants, and plant communities found in Eagle County. A copy of the Eagle
County list is provided in Appendix A.
We recommend having the Colorado Natural Heritage Program perform a GIS'Environmental
Review' of the subject site and adjacent area. The review searches known ecological
information regarding the status of plants, plant communities, and animals within a specified
radius of the subject property. The review will report the status of these communities.
Middle Creek, a relatively pristine stream that likely contains Native Cutthroat Trout, traverses
the adjacent property to the west of the subjed site. The creek flows out of a saddle located to
Stewar! Envircnmental Consultants. lnc.
Page 4 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
the north upslope from the site. lt flows southerly down slope, jogs west around the Mountain
Bell building, and then flows southerly for approximately 150 feet paralleling the west side of the
entry road to Mountain Bell. lt enters a culvert beneath l-70 and the associated frontage roads
and flows through the culvert south of l-70 to its discharge point into Gore Creek south of the
interstate. Gore Creek flows westerly to its confluence with the Eagle River near Mintum.
The existing creek channel may not be the historic creek channel. Stream modification
(channelization) appears to have been conducted upstream of the culvert adjacent to the entry
road. This 150-foot reach is likely the closest location of the stream to the subject property.
The stream bank, as well as its associated vegetation, appears disturbed along this reach.
Observed vegetation was mainly upland in nature with both native (Western wheat grass-
Agropyron sp.) and non-native species of grasses (brome-Bromus enurmus), as well as
invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off
site from the subject property, a riparian corridor of wetland vegetation adjoins the stream
channel.
Adjoining the east side of the entry road, adjacent to its 150-foot north/south orientation, is a
Narrow-feaf Cottonwood (Populus angustifolia) community. This species is referenced in the
U.S. Department of the lnlerior, Fish and Wiblife Service publication, National List of Plant
Specres That Occur ln Wetlands: lntermountain (Region 8). lts indicator category is listed as
'Facultative", which is described as 'Equally likely to occur in wetlands or nonwetlands
(estimated probability 340/o-66%o). The presence of this community may be due to a former
location of the stream channel or may be due to high groundwater conditions existing near the
stream channel.
The Narrow-leaf Cottonwood Community continues to the north (off site) and south (on site) of
the entry road after the road turns east. Figure 4 Photographs, page 2, depicts the entry road
along its easUwest orientation with the Narrow-leaf Gottonwood Community adjoining both sides
of the road. The presence of this community is an indicator of the potential existence of
wetlands; it does not necessarily confirm their presence. Actual wetland existence can only be
determined by performing a wetland assessment, which not only considers vegetation type, but
also investigates other factors including the presence of hydric soils and wetland hydrology.
Montane Environmental Solutions of Vail, Colorado is presently investigating wetland issues at
the site. A letter regarding the status of their investigation is provided under separate cover.
V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS
The proposed Middle Creek Village will impact plant and animal communities presently
inhabiting the property. Site development including earth moving activities and building/parking
lot construction will strip a majority of the existing native and non-native vegetation and displace
wildlife from the approximate 6.5-acre site. However, existing vegetation and wildlife are not
site specific. Surrounding property to the north, east, and west contain vast square miles of
similar plant communities, wildlife habitat, and wildlife species. The loss of these 6.5 acres
does not represent a significant impact to the plant and animal communities. Displaced wildlife
will find and inhabit nearby similar habitat.
Stewart Environmental Consuftants. lnc -
Page 5 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
Landscaping including grass, shrubs, and trees will cover a minimum of 307o of the developed
site. Middle Creek Village will be sensitively integrated into environmental sunoundings. Birds,
insects, and possibly small mammals will utilize the landscaped areas, which will mitigate some
habitat loss.
The presence of Middle Creek Mllage will have impacts on use of adjacent property by wildlpe-
particularly large mammals. Increased human presenoe and reflected light may influence
adjoining habitat use. Adjoining property is private so that residents of the village should not be
using adjoining properties. Human/bear interaction is possible. All trash dumpsters will need to
be covered and othenrise made bear proof. Lighting designed to reduce reflected light and
conform to the Town of Vail building code will be incorporated into the site design.
lmpact to Middle Creek from surface runoff will be minimized. Potential impacts include
grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads.
The location of accumulated snow piles resulting fiom plowing will be addressed. The piles will
be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle
and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water
quality of the creek and potentially impaci the fisheries of both Middle and Gore Creeks.
Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to
prevent impact to Middle Creek. Construction will be in accordance with all applicable local,
state, and federal regulations and standards. lf dewatering is required during construction,
water will be retained on site. As previously referenced, drainage issues are addressed in a
report under separate cover.
Montane Environmental Solutions is performing a wetland assessment. As previously
referenced, a potential exists for the existence of jurisdictional wetlands in the vicinity of the
Narrow-leaf Cottonwood Forest located adjacent to the existing access road. The presence of
this community is an indicator of the potential existence of wetlands; it does not necessarily
confirm their presence. We recommend performing a wetland assessment conforming to US
Army Corps of Engineers (The Corps) guidelines. lf on-site wetlands are identified, several
alternatives are available. These include: 1) establishing development setbacks from the
wetlands 2) wetlands can be taken through the 404 Permitting process and replacement
performed to miligate the loss or 3) if the wetlands are below minimum surface areas
established by the Corps,, they may be removed and built upon. lf on-site jurisdictionat
wetlands are identified, The Corps is the agency regulating such matters.
A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek
lies north and west of this area. lmpacts to the riparian corridor and wiblife using the conidor
adiacent to Middle Creek will to be minimized. This can be accomplished by constructing the
parking area as far as possible from Middle Creek. Drainage issues as previouslyreferenced
are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will
be incorporated into the project design to prevent impact to Middle Creek.
Stewaft Enironmental Consultants. lnc.
Page 6 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
o
VI. OTHER ENVIRONMENTAL CONDITIONS
A. Land Acquisitions and Displacements
The impact is "Generally Not Significant".
Approximately 6.5 acres of land is required; the developer/project owner is Coughlin and
Company, 140 East 19h Ave., Suite 700, Denver, CO 80203-1035. The Town of Vail owns the
land. lt is proposed that the Town of Vail will lease the site to the developer for a S3-year period
at which time the property will revert to the Town.
Two displacements will result from implementation of the proposed project. The ABC and the
Learning Tree early childhood learning centers will be displaced. The existing buildings will be
demolished, and new facilities will be constructed at the southeastem portion of the site.
State regulations require a full National Emissions Standards for Hazardous Air Pollutants
(NESHAP) asbestos inspection of the buildings prior to demolition. lf the inspection identifies
asbestos-containing materials, regulations require their removal prior to demolition of the
buildings.
No minority communities, households, or minority-owned businesses are located on site, and
therefore, will not be impacted by any potential negative environmental concems such as noise,
air, or water pollntion; or from the construction of the facility.
B. Land Use and Zoninq
The impact is "Generally Not Significant".
A rnajority of the subject site is presently zoned 'NAPD' (Natural Area Preservation District),
and a small portion of the site where two early learning centers are located is zoned G. The
proposed project will require rezoning to the designation "H' (Housing).
C. Visual Conditions
Parking areas will be located behind housing thereby shielding it from view from the Town of
Vail. Overall project form and massing is in character with existing Vail Village. The height,
mass, and materials that will be used in the proposed Middle Creek Village will convey a sense
of permanence and contextual and regional appropriateness.
D. Air Qualitv
The impact is "Generally Not Significant'.
The project will conform to all applicable local, state, and federal air quality regulations and
standards, including, but not limited to those regulating odor, dust, fumes of gases, which are
noxious, toxic, or conosive, and suspended solid or liquid particles.
2850-001 Environmential I mpact Report
Middle Creek Village
Vail. Colorado
Stewaft Environmental Consultants. I nc.
PageT ot 14
Fireplaces will not be installed in the developmentthereby eliminating wood smoke. There will
be no balconies or decks that would provide space for grills or barbecues. There may be a grill
in a public area of the complex.
The Middle Creek Village project is designed to discourage vehicle usage and encourage other
modes of transportation such as buses, biking, and walking. TDA of Colorado performed a
transportation impactlanalysis regarding the proposed Middle Creek Mllage. Their report is
provided under separate cover. The report indicates that the impact of traffic generated by the
proposed project will be'Generally Not Significant".
E. Noise
The impact is "Generally Not Significant'.
Stewart Environmental identified no noise-sensitive land uses on adjacent properties. The
proposed siie is located adjacent to the north side of 1-70. The noise from the interstate is far
greater than any that would be produced by the development.
F. Lioht Pollution
The Middle Creek Village development will have minimal light trespass from the residential
buildings.
G, Floodinq
The impact is "Possibly Significant'.
Peak Land Consultants, lnc. addresses flooding issues in a report provided under separate
cover.
H. Navigable Waterwavs and Goastal Zones
The impact is'Generally Not Significant'.
The proposed site is not located near or affected by a navigable waterway or a coastal zone.
l. Traffic and Parkinq
The impact is "Generally Not Significant'.
TDA of Colorado performed a traffic study. Their report is provided under separate cover.
J- Energv Requirements and Potential for Conservation
The impact is'Generally Not Significant".
The proposed project is expected to result in energy conservation. The Vail Affordable Housing
Project, Vail, Colorado incorporates principles of sustainable design and utilizes design
strategies to reduce its energy and environmental impact. The U.S. Green Building Council's
2850-001 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
Stewart Environmental Consuftants. Inc.
Page 8 of 14
Leadership in Energy and Environmental Design (LEED) rating system is here used as a
preliminary sustainable design measure of the project. As it is cunently written, LEED version
2.0 is a system designed to rate new and existing commercial, institutional, and high-rise
residential buildings. lt specifically rates low-rise residential projects. The USGBC is currently
developing a residential version of the LEED rating system. Nevertheless, the sustainable
design principles embodied in LEED v. 2.0 serves as useful goals, guidelines, and measure for
sustainable features of the VailAffordable Housing Project.
The LEED rating system consists of seven prerequisite criteria and 32 user-selected criteria
organized into five categories:
. Sustainable Site Development. Water Efficiency. Energy and Atmosphere. Materials and Resourcesr Indoor Environmental Quality
LEED is a voluntary, consensus-based, market-driven building rating system based on available
proven technology that evaluates environmental performance from a 'whole building'
perspective over a building's life cycle. The following preliminary LEED analysis incorporates
input from the design team to more accurately evaluate the conceptual design of the Vail
Affordable Housing Project.
K. Gonstruction
The impact is "Generally Not Significant".
Construction of the Middle Creek Village is anticipated to commence in March 20Q2 and will last
for approximately 18 months, therefore any construction impacts will be temporary and of short
duration. All construction staging will be located on site and construction activities
predominantly will be confined to this site.
Contractors will be required to obtain the necessary permits and comply with all relevant town,
state and federal regulations regarding construction and safety. Potential construction impacts
are described below.
Noise
No noise-sensitive land uses are located on adjacenl property. Construction hours and
noise levels will comply with the Town of Vail policies.
Disruption of Utilities
It is anticipated that there will be no disruption of utilities, and therefore no signiflcant
impact with this activity. Consiruction of all utilities to serve the site will be contained
within the proposed site.
Disposal of Debris and Spoil
Stewad Environmental Consultants. lnc.
Page 9 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
Demolition of two buildings is required as previously referenced. All construction debris
will be disposed at an approved landfill and transported on designated truck routes. The
general contractor will be responsible for on-site cleanup and disposal of debris.
Soil fill may be required to elevate buildings above the 1OG'year flood plain. Disposal of
soil is not required.
Water Quality and Runoff
Project construc{ion will not impact existing water quality. The general contractor will
comply with water quality requirements for site construction to meet state water quality
regulations. Best Management Practices (BMPs) will be implemented during
construction including the use of erosion control measures.
Access and Disruption of Traffic
City streets will not have any significant impacl since the site is located directly off the h
70 North Frontage Road. Any frontage road diversions will be addressed with a detour
Plan.
Air Qualitv and Dust Gontrol
Standard construction practices and BMPs will be used to control and minimize onsite
dust and emissions. '
Safetv and Securitv
Standard construction safety measures will be observed on site. Town of Vail police will
ensure security.
Disruption of Businesses
No businesses are located in the immediate vicinity of the project area.
L. Aesthetics
The impact is'Generally Not Significant".
The height, mass, and materials that will be used in the proposed Middle Creek Mllage will
convey a sense of permanence and contextual and regional appropriateness. In addition, the
facility design will promote an orderly circulation and efficient integration of buses, other
vehicles, and pedestrians.
M. Gommunitv Disruption
The impact is'Generally Not Significant'.
No businesses or residential seclors will be disrupted or displaced, and no segments of the
community will be isolated as a result of this proposed project.
Stewaft Enviranmental Consultants, lnc.
Page 10 of 14285GO01Environmentral lmpact Report
Middle Creek Village
Vail, Colorado
N. Secondarv Development
The impact is'Generally Not Significant'.
The proposed project will not generate secondary development. The project is an outcome of
the community's determination to provide affordable housing for people already employed in
Vail and are presently living in or near the community. The proposed housing project indirectly
addresses the cause of traffic-related problems.
O. AGENCIES AND PERSONS CONSULTED
Agencies and Personnel
) Colorado Division of Wildlife, VailArea - BillAndree, Wildlife Conservation Officer
) Colorado Natural Heritage Program at Colorado State University- Beth Van Dusen
) Colorado State University, Department of Entomology, Phyllus Pineda
References Used
1. Colorado Natural Heritage Program, Conservation Status Handbook, Volume 3, No.
2, May 1999.
2. Fish and \r'Vildlife Service, US Department of the lnterior, National List of Plant
Species That Occur in Wetlands: Intermountain (Region 8), Biological Report 88,
May 1988.
3. Mitsch, WJ & Gosselink, JG, Wetlands, Van Nostrand Reinhold, 2"d Ed, 1993.
4. Kittel, G., E. Van Wie, M. Damm, R. Rondeau, S. Kettler, A. McMullen, and J.
Sanderson. 1999c. A Classification of Ripaian Wetland Plant Associations of
Colorado: User Guide lo lhe C/assification Project. Colorado Natural Heritage
Program, Colorado State University, Fort Collins, CO 80523
VII. SUMMARY
Odell Architects, PC retained Stewart Environmental to perform-an Environmental lmpact
Assessment of the proposed Middle Creek Village development located in Vail, Colorado.
Based on the findings contained in this report, the following conclusions have been drawn and
opinions and recommendations made:
Stewaft Envircnmental Consultants. Inc.
Page 11 of142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
Findinqs. Conclusions. Opinions and Recommendations
1. The proposed Middle Creek Mllage development is located adjacent to the Mountain
Bell facility, directly north across lnterstate 70 from Vail Village. The proposed project
consists of multi-family housing construcled on a 6.5-acre site owned by the Town of
Vail. The project will not promote secondary development. The purpose of the project is
to provide affordable housing for people currently employed in Vail who are presently
living in or near the community. The project owner is Coughlin and Company, 140 East
19h Ave., Suite 700, Denver Colorado 80203-1035.
2. A majority of the subject site is presently zoned -NAPD" (Natural Area Preservation
District), and a small portion of the site where two early learning centers are located is
zoned G. The proposed project will require rezoning to the designation "H' (Housing).
3. Environmental issues regarding the proposed project are addressed in reports provided
under separate cover. These include a) geologic hazards - RJ lrish, Consulting
Engineering Geologist, Inc., b) drainage issues - Peak Land Consultants, Inc., c) soils -
Koechlein Engineering, and d) traffic - TDA of Colorado.
4. Wetland issues were identified and are addressed within this report. Montane
Environmental Solutions of vail, Colorado is presently performing an in-depth
investigation of the wetland issues. A letter regarding the status of their investigation is
provided under separate cover.
5. \Mldlife uses the site; large mammals including deer and elk browse on the Serviceberry
and Cunent located in the Mixed Mountain Shrubland Community. Other mammals
including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden-mantle Ground
Squirrels, Pocket Gophers, and other rodent species likely feed and/or inhabit the site.
Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife
migratory routes appear to be located on site. Although Middle Creek is located off site
directly west of the property's westem boundary, the creek is not likely used as a
migratory corridor. InterstateT0 and development adjoining the south side of l-70
preclude use of the corridor for migratory use. Middle Creek is contained within a culvert
from the north side of l-70 to its confluence with Gore Creek south of l-70.
6. No known threatened or endangered species of plants or animals have been identifted at
the site. However, no on-site surveys for such species are known to have been
performed- The Colorado Natural Heritage Program's Conseruation Status Handbook
(/999,) lists the status of various animals, plants and plant communities found in Eagle
County. A copy of the Eagle Gounty list is provided in Appendix A.
We recommend having the Colorado Natural Heritage Program perform a GIS
'Environmental Review" of the subject site and adjacent area. The review searches
known ecological information regarding the status of plants, plant communities and
animals within a specified radius of the subject property. The review will report the
status of these communities.
7. The proposed Middle Creek Village will impact plant and animal communities inhabiting
the property. Site development including earth moving activities and building/parking lot
Stewart Environmental Consultants, lnc.
Page 12 of 14285G.001 Environmential lmpact Report
Middle Creek Village
Vail, Colorado
construclion will strip a majority of the existing native and non-native vegetation,
including noxious weeds, and displace wildlife from the approximate 6.5-acre site.
However, existing vegetation and wiHlife are not site specific. Surrounding property to
the north, east and west contain vast square miles of similar plant communities, wildlife
habitat and wildlife species. The loss of these 6.5 acres does not represent a significant
impact to the plant and animal communities. Displaced wildlife will find and inhabit
nearby similar habitat.
8. The presence of Middle Creek Village will have impacts on use of adjacent property by
wildlife, particularly large mammals. Increased human presence and reflected light may
influence adjoining habitat use. Adjoining property is private so that residents of the
Village should not be using adjoining properties. Human/bear interaction is possible. All
trash dumpsters will need to be covered and othenvise made bear proof. Lighting
designed to reduce reflected light and conform to the Town of Vail building code will be
incorporated into the site design.
9. lmpact to Middle Creek from surface runoff will be minimized. Potential impacts include
grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of
roads. The location of accumulated snow piles resulting from plowing will be addressed.
The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel
do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle
Creek may impair water quality of the creek and potentially impact the fisheries of both
Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be
incqrporated into the project design to prevent impact to Middle Creek. Construction will
be in accordance with all applicable local, state, and federal regulations and standards.
lf dewatering is required during construction, water will be retained on site.
10.A parking facility is proposed at a location just east of the Mountain Bell structure.
Middle Creek lies north and west of this area. lmpacts to the riparian corridor and
wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be
accomplished by constructing the parking area as far as possible from Middle Creek.
Drainage issues as previously referenced are also a concern in this area of the site.
Engineered drainage swales, berms, dikes, etc. will be incorporated into the project
design to prevent impact to Middle Creek.
11.Two displacements will result from implementation of the proposed project. The ABC
and the Learning Tree early childhood learning centers will be displaced. The existing
buildings will be demolished and new facilities will be constructed at the southeastem
portion of the site.
State regulations require a full National Emissions Standards for Hazardous Air
Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. lf the
inspection identifies asbestos-containing materials, mitigation (abatemenUremoval) per
regulations will be performed prior to demolition of the buildings.
Stewai Environmental Consultants. lnc.
Page 13 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
VIII. ASSESSOR QUALIFICATIONS
Stewart Environmental has performed environmental consulting services for more than 2,800
different clients since 1980. \A/ith a staff of 25 professional engineers, scientists, and
technicians, Stewart Environmental is qualified to perform environmental impact assessments.
The following is a list of key Stewart Environmental personnel and their responsibilities on this
project:
) Richard G. Patterson, PE - Project Administrator
) Robert J. Blinderman, REPA -- Environmental Scientist
Mr. Patterson (registered professional engineer) provided overall project administration and
project review. Mr. Blinderman (M.S. Natural Sciences, M.S. Industrial Science, registered
environmental property assessor, and certified asbestos inspector) performed the iecords
review, site reconnaissance, interviews, local govemmental official contacts, and prepared the
report of the findings of the environmental impact assessment. Mr. Pailerson reviewed the final
assessment report.
This report was:
Prepared by:Under the direction of:
Richard G.-Patterson, PE
Environmental Scientist
Stewart Envimnrnental Consultants. lnc.
Page 14 ot 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
Figures
Stewaft Environmental Consultants. lnc.
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DMA 4763 lll NE - S€ries V877
SCALE 1 :24,OOO
CONTOUR INTERVAL 1O FEET
& srEtryARI ENvrRoN,uEIvIAt,tr S.?IfYjtffi"'J5; *.**.
28@401 Mdde CreekVillage
Vail, Coluado
FIGURE 1
LOCATION MAPAugust 2001
'
, SIE}VARIENy'RONMENIAI.' .i s:ily:'#*lf:* ".".,**
2850-001 .+-
7
Middle Creek Village
Vail, Colorado
FIGURE 2
AERIAL PHOTOAugust 2001
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Appendix A
Conservation Status Handbook, 1 999
Eagle County, Colorado
p. 147 - 149
Stevyart Enircnmedat Consuftants, h c.
County: Eagle
Amphibians
Scientific Name
Btfi borcas pop 1
Birds
Scientific Namc
Accipiler gentilis
Acgolius lunerans
Anphitpiu belli
Bueplala isldndica
Cypscloides niger
Fnl@ F4grints onarurn
Grut conaalensis Itbida
Fish
Scientific Namc
Gilo rohusto
Onco rynclrus cl''ki phu'iaict t
Mammals
Scientific Namc
Ctlh gulo
Lynt c,[l.adensis
P b co tut tot o'ilfndi i p dlc san t
Mussels and Snails
Scientific Nam.
Lwnda stngnnlis
Plant Communities
Sci.ntific NaE|e
AB ] E 5 1,4 SIOCARPA.P ICEA
ENGEI'IANN'/ALNUS'NCANA
AB I ES IASIO CARP A-P ICEA
ENGEIIVI{ NNrr 4ERTENSIA CILIATA
A 8' E S LASIOC A RP A. P I CE A
ENGEUI,ANNIWALIX
DRUMMONDIANA
ALNUS INCENA-CORNUS SER'CEA
ALNUS INCAN,I/MESTC FORB
BETU U OCCI O ENT ALIWESIC FORB
04RDAMINE
CORDIFOL'A.MERTENSIA
CAREX AQUATTUS
CommonNrme
boreal boad (Southern Rocky Mountain
population)
CoDmon Name
Northern Goshawk
Boreal Owl
Sage Sparrow
Barrow's Goldeneye
Black Swift
American Petetrine Falcon
Gleater Sandhill Crane
Common Nanc
roundtail chub
Colorado River cutlhroat bout
Cornmon Nane
wolverine
lynx
Townsend's big-eand bat subsp.
Comrron Narne
swampy lymnaea
Common Namc
Montane Riparian Forests
Montane Riparian Forests
Montaie Riparian Forest
Thinleal Alder-Red.Oiser Dogwood Riparian
Shrubland
Thinl€al AldetMesic Forb Riparian
Shrubland
Foothills Riparian Shrubland
Alpine Wetl.nds
Monlane Wet Meadows
CNHP Status ard Ranking
T6.kint Glob.l Saate
Stelu! Rank Renk
Y G4T1Q 51
CNHP Stetus and Ranking
Trarking Global State
St.tus Rrnk Renkw c5 s3B,
PG5S2
P G5 S3B,
Y C5 S2B,
Y G4 S3B
Y G4T3 S3B,
Y G5T4 S2B,
CNHP Stalus and Ranling
Tracling Global St.tc
Status Rank Rank
Y G2G3 32
Y G4T3 53
CNHP Status and Ranking
T.acking Globel St.te
Statua Rank Rank
YG4Sl
YG5S1
Y G4T4 52
CNHP Strtus and Ranking
Tra(ling Globrl State
St.tus Rank Rank
I(lJ5I
CNHP Status ind Ratrking
Tracking Global Strle
Statu3 Rank Rank
I \-rJ 5J
Regulatory Stahr!
Atcncy Federal St.te
Senritive S!.tur StrhrgrscE
Regulatory Slatu!
Agency Federal Slra.
Sendtive S!.tur St tu!
rslBL
FS
BLM SC
FS
TF
rsT
R€tulatory St.hr3
AFncy Fedcnl St t!
Senritive Slrtut Sl|tu!BLM sc
FS/BL SC
R.gulatory Statur
Agency Fedrr.l St.tc
Senritive Siatur gtrtur
FSE
FSE
BII,I
RcSulatory Stahrs
Agency Fedcral SLtc
Senlitive Strtu. Statug
R.gulatory Statu3
Ag.y Fed.r.l Statc
Sensitiv. St tu! St tur
s4
G3G4
G3G4Q s3
Y
Y
c3 s?
s4
G5 s4
147
C A R EX SCO P U LO RU M. C ALT H A
LEPTOSEPA/,/'
CAREX UTRICUI/.TA
CORNUS SER.ICEA
DANIHONIA INTERMEDIA
DESCHAMPSIA
CESPITOSA.LIGUSTICUM
ELEOCH,{RIs QUTNQUEFLO RA
jUNtPERUS
O ST EO S P E RNA/A RT E MI SI A
PICEA P UNGEN S/A LNUS JNC,4NA
. PINUSEDUUS.'UNIPERUS
O ST EO S P ERMA/ST I P A CO MAT A
POPUIUS ANGUSTIFOLI Afr ALIX
ENOCEPHAI/. VAR.
LIG ULIF O LI A -S HEP H E RD I A
PO P ULUS TREMU LO I D ES/ACER
Cu.BRUM
QU E RCU S G A MB E LI I. A MELAN CH I ER
T.TAHENSIS
SALIX
D R U MMO N D I A N A/CA IAMAG RO STI S
CAN,{DENs'S
SALIX MONTrcOLA/CAREX
UTRICULATA
sALt x MoNnCoLA/MESIC FORB
/UN|PERUSSCOPULORUM/CARNUS RiparianWoodtand
sERTCEA
Alpin€ Wetlands
Beaked Sedge Montane Wet Meadoh's
Foohthills Riparian Shrubland
Montane Grasdmds
M6ic Alpine Meadows
Alpine Wetlands
Xe c Western slope Pinyon-funiper
Woodlands
Moniane Ripalian Forests
Xeric Westem glope Pinyon-Juniper
Woodlands
Montane Riplrian Forests
Montane Riparian For€lt
Narrowleaf Cottonwood Riporian For6ts
Montane Riparian For6tr
Mired Mountain Shrubland
Lower Montane Willow Carrs
Montane Riparian Willow Cair
Montane Riparian Willow Carr
Conmon Nerna
Comrnon Moqtwort
Purple Lady's-Slipper
Mountain Whidow€rass
Altai Cottongass
Oak Fern
Canyon Bogorchid
No hemTwayblade
Y
Y
.Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G2
G3G5
G4
G3
G3
G3
G3
q s4
POPUTUS ANGUSTTFOLIA.JUNIPERUS Monrane Ripuian For€st
SCOPULORUM
PO P U LU S ANGU STI FO U A.PICEA
PUNGENS/ALNUS tNCaNA
POPULUS ANcUSTTFOU A/ALN US
INCANA
POPULUS ANCUSTIFOUArcORNUS C-ottonwoodRiearianFor€et
sERtc&4
G5 54
G4 53
GU S3S4
G4 $9r
G5 SU
G4 52
G3 S3
GU SU
G2G3 S2
G4 54
G3? 53
G4 53
Gl Sl
SU
CANADENSIS
SALIX DRUMMONDIANA/IrIESIC FORB Drummonds Willow/lviesic Forb
SALI X ExlGU A./B A RE CROUND CoyoE WillovBare Ground
SAUX MONTICOLATALAMAGROSflS Montane Willow Carr
s4
>5
SAUX PLANIFOUNCALAMAGROSTIS Subatpine Riparian Willow Carr
CANADENSIS
SAUX P LAN I F O LI NCALT'|{ A
LEPTOSEPA./'
Subalpine Riparian Wiuow Carr
SAUX V\@LFUICIREX UTRICUL|TA Subatpine Riparian Willow Ca.r
SHEPHERDIA ARCENTEA Foothills Riparian Shrublqnd
Plants
S.ientific N.m.
Bohv.hium lun,Iria
Cryiqdien losciculatufi
Drtbe rctiltlacta
Eioplwnm altaiatn vat nrr,gatll'rrn
Glya'nocarpium dryopteis
Unuorchis nsilolia
Listcm borealis
YG4S4
YG4S3
Y G3G4 51
CNHP Shtur .nd Rar&int Rcgul.tory St tur
Tncking Globrl Strt. Agcncy Fedcnl St tcSt.tqs Rrnk R.rk Scnritive St.hrr Srrhr
ct
s3
Y G5 S2S3
YG4S3
Y G3? 52
Y C4T? 53
Y G5 S2S3
Y G4G5T3? 53
Y G4 52
l5
BLM
t48
Lycopuliun onnotinun vM punga s
Lycopdiun dubiunr
P e n s te mon c! d t I rop h ont s
Penslt on harriiglonii
Plalalrtlaro spnrsifon vt easilolin
Stiff Clubmoss
Stijf Clubmoss
Middle Park Pensternon
Haltington Beardtongue
Canyon Bog-Orchid
GsTU SU
GSTU SU
G3G4 S3S4
G4G5T3? 53
Y
Y
Y
t49
o
W€
3 M@NTANE
ENV|R@NMENTAL S@LUTIONSU Ltd"
6ior'
Otis Odell
Odell Architects
32o65 Castle Ct, Suite r5o
Evergreen, CO 8o+gg
August 24,2oor
Dear Mr. Odell,
At you request Montane Environmental Solutions Ltd (Montane) visited the
proposed affordable housing development located at the'Mountain Bell site', on
August 23rd,2oor. The purpose of the visit was to review an area identified in the
draft Environmental Impact Report (EIR) as a narrowleaf cottonwood
community with a potential for containing wetlands.
It was our finding that although not extensive, there were some areas of the
woodland that did have the potential for being wetlands. To identify wetland
areas areas, we propose to conduct a jurisdictional wetlands delineation in a
format acceptable to the US Army Corps of Engineers (Corps).
From our visit yesterday it appeared thatjurisdictional wetland areas (areas
under the jurisdiction of the US Army Corps of Engineers) are probably rather
limited and would therefore be likely to fall into the 'Nationwide Permit' category
of federal permitting. The Nationwide Permit system is a streamlined permit
system for small impacts, not considered to be of significant environmental
impact.
Do not hesitate to call if you have any rnore questions. We look forward to
working with you further on this project
Sincerely
Nicola Rlpley
F,O. BgX r&@1+?Dea.s!e, G9!!ORADO A!,AS!,0FIIOUTEIIFAX 99"@l 3EA-
6 ISA0PEIqETE/FAX ta"Ol {&6A-0+50
Appendix J: Drainage Study
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
Preliminary Drainage Report
For
Middle Creek Villaee
Town of Vail, Eagle County, Colorado
August 27,2001
Prepared For:
Odell Architects
Prepared By:
Peak Civil Engineering, Inc.
1000 Lions Ridge Loop
Vail, Colorado 81657
Introduction
The Middle Creek Village site is a parcel of land in the Town of Vail, located in the
Southeast % of Section 6, Township 5 South, Range 80 West. The site is north of the
north frontage road of I-70 approximately % mile west of the main Vail interchange. The
attached vicinity map shows the project location. The existing site proposed for
development is approximately 8.1 acres and includes the existing Mountain Bell Road
and the Qwest (old Mountain Bell) microwave tower building. The proposed
development plan consists of 8 multi-unit buildings with related parking and appurtenant
structures. Mountain Bell Road would be extended through the site to create a loop to
and &om the north frontaee road.
Existi4e Hvdrolosy
Mddle Creek passes through the property from north to south approximately 250 feet
west of the existing Mountain Bell Tower building. The Middle Creek drainage basin is
approximately 6 square miles and is included in the Flood Insarqnce Study of the Town
of Vail dated November 2, 1982. The hydrology of the drainage basin will remain
largely unchanged as a result ofthe proposed development. The 100 year floodplain
based on stream depttq as shown on flood profile panels 07P thru 09P, has been
delineated and is included in the appendix.
The westerly l/3 of the proposed development site (2.8 acres) is within the Middle Creek
drainage basin. The existing Mountain Bell Tower building, parking lot and driveway to
the north frontage road occupies 0.9 acres ofthe proposed development site.
The easterly 2/3 of the site (5.3 acres) flows south to the roadside ditch along the north
frontage road which flows east toward Spraddle Creek.
All hydrology calculations in this study utilized the Rational Method. This method has
been shown to be appropriate for calculating the hydrology ofsmall drainage basins of
fewer than 100 acres. Runoffcoefficients were taken from the Aban Drainage Manual,
Denver Regional Council of Governments, Table 3-i, , and rainfall intensities were taken
from the Tan of Vail "Intercity - Duration - Frequency Curves". The table and curves
are presented in the Appendix.
Proposed Hydrologv
The development of the existing site will utilize the existing drainage basins with l/3 of
the site draining to Middle creek and 2/3 of the site draining to the north I-70 frontage
road ditch. Approximately 9.4 acres of offsite drainage flowing through the site are
included in the rational method calculations. Proposed drainage patterns through the site
will approximate the existing conditions. No detention is proposed for the site. The
surnmary table presents the results of the study with hydrology calculations shown in the
appendix.
ble
West Exist
2.E ac.
West Proo.East Exist.
L4,7ac.
East Proo.
Q l0-Year 2.5 ds 3.3 ds 7.0 ds I1.3 cfs
Q 100 - Year 6.7 cfs 7.6 cfs 27.2 ds 32.8 cfs
Water Ouality Issues
Proposed inlet design will include additional depth in accordance with rown of vail
standards to facilitate sedimentation. Proposed sedimentation pond at the southeast
corner of the project site will also act to promote sedimentation and infiltration of runoff
from the site. All swales will be grass lined or lined with rip-rap when water velocities
and slope mandate. Additionally, silt fence and straw bale dikes will be used throughout
the site during the construction process.
Proposed drainage improvements include extension of the existing Middle Creek culvert
to the norttr, catch basins in Mountain Bell road at both the southwest entrance and the
southeast entrance to the sitg and culverts under the Mountain Bell road entrances to
accommodate the north fr91taqe road drainage. Hydraulic calculations for the drainage
improvements are included in the appendix.
Conclusions
Runofffrom the proposed development will folrow existing drainage pattems. Theproposed sedimentation basin will serve as a water quality feature Io iromotesedimentation and infiltration. catch basins will have additional depth to further
facilitate sedimentation. Inlets, catch basins and culverts will be designed to safely pass
the lO-year event. Surface drainage improvements will be designed io safely pass the
100-year event without damage to property. As the site plan is refined, this drainage
study will need to be updated.
o
endix
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TABLE 3-t (42)
REC0l"',4EN0E0.RUtlCFF COEFFICIEi'lTS AND PERCENT IMPIRVIOUS
RUIiOFF
LAND USE OR
SUP.FACE CHARACTERISTICS
PERCENT
IMPERV I OUS
FREqUEilCY
f,l0 100
Business: -_
Commercial Areas
Neighborhood Areas
P.esidential:
Paved
Gravel (Packe$)
Orive and Walks:
Roofs:
.88
.45
.87
.85
nl
.15 .25 .50
nol be valid for 1ar9e basins.
FROM: DRCOG URBAj'I STORII
DRAINAG€' CRITBIA MANUAL
95
tv
.87 '.
(n
.88
.70
.89
.80
.87 '
.65
Single-Family ; .40 .45 .50 .60
Muli,i-Unit (detached) 50 .45 .50 '-qg.---?O'
Mul ti-Unit (attached) 70 .60 .65 '70' '80
|/2Ac.reLotor.Larger*.30.35.40].60
Apartmen'Ls 70 .65 .70 .70 . -'80 , - ' ,lij,
Lieht Area€ 80 i.. .71 .72. .76 :1 - :;:-,,,I,r;
Heavy Acres . 90 t:-'.80 - -', .80 .85 --- .90-.'.-,;,Itii+:,
Railrda( Yard Areas 5- ?O .20 ': .25 --.-:'t35:' : .15:..-rYr Y ,i, ee- \r\
iJqdgvel. ped Areas:':---:.:.:---- ..: -:-ir;;-:l
Historic Flovr Analysis- I : (See "Lawns") '
','.t.Jt-i,i;.l_:.:ti5E0f lC. f IOW And lys 15- . - \JcE Lqvrrr) , . ,. ,,.-.i!
Greenbel ts , A-ori cul tural ;. :;i:;i. '' , .::.i:
0ffsite Flow Analysis 45 .43 .47 .55 '65
(when 'land use not defined)
\l'rootc.
:l
t.
i-t
i{
t.{
100
^d
95
90
.87
.40 ..
.87
.80
.. .90 .93
' .50 .60
.88
'--- :itt.
.90 .90
.05 .20
ntlt{
i.l
t1t1
:i i
i.',i
Lawns, Sandy Soil 0 .00
Lawns,C'layeySoil 0 .05
N0TE: These Rational Formula coefficients nay
"See Figure 2-1 for percenI impervious
ir-1-90
lloq A:, no A t 'J 1cc A !ln cr nnn r^atr^''\r
o o
.'-:
/ruTENS/TY - DURATION -
FREQUEruC Y CURYES
n3040
( TIME MINUTES)
VAIL,COLORADO
.qt
<{t
cl
ZEa=
Hdt3-<ui
=24t ^fi:IIIHJ
5ilHu{H*,*o=dn{i
=Es' 3.2
E
=:z'(9'
ooicu
LO.<r'
N
'. ":(o.
crJ
CU
gt
=<
c)=
CD-q
LU
z
Go
ot-
o)(r)o
OJ
at)
o)
c
ao
c
o=
o-
I
r:Er€,00e = ,I 'f-]VJSvalla at!
-4 tat ttt tq:lt;lFt i{a cra6r
q
1-
1
{
-I
'<.z
HM
'r6 Er6 H
NEfi
EH 3
;HHFEn>tJo
.
r:" '.i
J\ru
.MIDDLE CREEK VILLAGE
RATIONAL METHOD
TOTAL AREA =
C1-PVMT&BLDG
C2 - FOREST
Q10=
Q100=
8121tg'l
WEST DRA]NAGE AREA. EXISTING CONDITIONS
C10 =
G100 =
TIME OF CONCENTRATION
T1 = SHEET FLOW, 300 FT @ 40o/o.
T1 (10 yr) = (1.1 - 0.41) x Lengrh ^,UZ I S ^1t3
Tl (100 yr) = (1.1 - 0.60) x Length ^1/2 / S ^1/3
T2 = SFIALLOW FLOW, 550' @ 4lo/o
V10 = 1.49 / N x (A/P)^ 2!3 xS 1t2
V100 = V10
T2 (10 Yr) = 550' / 11.78fps x 60
T2 (100 yr) = 550' / 11.78fps x 60
TOTAL Tc10 = 21.4 + .8 =
TOTALTcI00 - 11.8 +.8 =
INTENSITY(l)=
I 10 =
ll00=
PEAK FLOW RATE ( O )Q=GlA
2.8 AC
0.7 AC
C10 = 0.88 C100 =
2.1 AC
C10 = 0.25 C100 =
(0.88 x 0.7) + (0.25 x 2.11t 2.a
(0.89 x 0.7) + (0.50 x 2.11 | 2.8
(0.41) x (2.2) x (2.E) =
(0.60) x (4.0) x (2.8) =
0.89
0.50
16.23 min.
11.76 min.
11.78 fps
11.78 fps
0.7E min.
0.78 min.
17.0 min.
12.6 min.
2.2 in.lhr.
4.0 in./hr.
2.51 cfs
6.69 cfs
0.41
0.60
Job No. 1039By: GKM
Runoff Coefficient - C
from Table 3-1, Urban Drainage
Runoff Coefficient - C
from Table 3-1, Urban Drainage
n = 0.025
Np=6113-12'Wx0.5'd
s=0.1 1
Intensity (l) from
Town of Vail IDF curvqs
MIDDLE CREEK VILLAGE o
RATIONAL METHOD
TOTAL AREA =
C1 - FOREST
14.7 AC
14.7 AC
ClO = 0.25
TIME OF CONCENTRAT]ON
Tl = SHEET FLOW, 300 Ff @ 4oo/o.
T1 (10 yr) = (1.1 - 0.25) x Length ^1/2 / S ^1/3
Tl (100 yr) = (1.1 - 0.50) x Length ^1/2 / S ^1/3
T2 = SHALLOW FLOW, 950 FT @ 660/o.
1O'WIDE, 0.5'DEEP
V10 & V100 = 1.491n x (A/P)^.67 x S^.5
V10 & V100= 1.49/n x (5111)^.67 x .66^.5
T2 (10Y0 = 950 / 14.3 x 60
T2 (100yr) = 950 / 14.3 x 60
T3 = CHANNEL FLoW, 500 FT @ 906.
ROADSIDE DITCH - 2'DEEP 3:1 SIDES, n = O.O5
V10 &V100 = 1.49/n x (A/P)^.67 x S^.5
V10 &v100 = 1.49lnx(121'12.6)^.67 x.09^.5
T3 ( 10Yr) = 500 / E.7 x 60
T3 ( 100yr) = 500 / 8.7 x 60
TOTALTcI0 = '19.9 + 1.1 + 1.0 =
TOTAL Tc100 = 14.6 + 1.1 + 1.0 -
INTENSITY { I } (Vail IDF Gurves} =
| 10 =
1100=
PEAK FLOW RATE ( O )Q=GlA
8tut01
EAST DRAINAGE AREA. EXISTING CONDITIONS
C100 =
Job No. 1039By: GKM
0.50 Runoff Coefficient - C
from Table 3-1, Urban Drainage
19.92 min.
14.06 min.
Ql0=
Q100=
(0.25) x (1.9) x (1a.f =
(0.50) x (3.7) x (14.r) =
14.27 tps
1.1 min.
1.1 min.
6.65 fps
1.0 min.
1.0 min.
22.0 min.
16.1 min.
1.9 inJhr.
3.7 in./hr.
6.98 cfs
27.20 cts
n = 0.05
Np= 511'l - 1o'Wrc.s'd
s = 0.66
n = 0.05
Np= 1a12.6
s = 0.09
lntensity (D from
Town of Vail IDF curves
MIDDLE CREEK VILLAGE
RATIONAL METHOD
TOT^AL AREA =
Cl.PVMT&BLDG
Q10=
Q't00 =
2.8 AC
1.3 AC
C10 = 0.88 C100 =
1.5 AC
C10 = 0.25 C1 00 =
(0.88 x 1.3) + {0.25 x 1.51I 2.8
(0.89 x 1.3) + (0.50 x 1.51I 2.8
(0.s4) x (2.21x (2.8) =
(0.66) x (4.0) x (2.8) =
Job No. 1039By: GKM
0.89
8t21t0'l
WEST DRAINAGE AREA. DEVELOPED CONDITIONS
C2 - FOREST
Clo =
C100 =
TIME OF CONCENTMTION
T1 = SHEET FLOW, 300 Ff @ 40Yo.
Tl (10 yr) = (1.1 - 0.88) x Length ^112 | S ^113
T1 (1 00 yr) = ('l .1 - 0.89) x Length l1l2 / S ^1/3
T2 - SHALLOW FLOW, 55O' @ 40o/o
Vl0 = 1.49 / N x (A/P)^ ?/3xS 112
V100 = V10
T2 (10 Yr) = 550'/ 11.78fpsx 60
T2 (100 Yr) = 550' / 1 'l .78fps x 60
TOTAL Tc10 = 13.0 + .8 =
TOTAL Tc100 = 9.8 + .8 =
INTENSIW(l)=
110 =
1100=
PEAK FLOW RATE ( O )Q=ClA
0.50
13.07 min.
9.82 min.
11.78 fps
11.78 fps
0.78 min.
0.78 min.
13.8 min.
10.6 min.
2.2 inJhr.
4.0 inJhr.
3.34 cfs
7.63 cfs
0.54
0.68
Runoff Coefficient - C
frorn Table 3-1, Urban Drainage
Runoff Coefficient - C
from Table }.1, Urban Drainage
n = 0.025
A/P=6/13-12'\,Vx0.5U
s = 0.11
Intensity (l) from
Town of Vail IDF curves
MIDDLE CREEK VILLAGE
MTIONAL METHOD
TOT.AL AREA = 14.7 AC
C1 - FOREST 12.0 AC
C10 = 0.25 C100 =
C2 - PVMT & BLDGS 2.7 AC
C10 = 0.88 C100 =
8t22t01
EAST DRAINAGE AREA. DEVELOPED COND]TIONS
Job No. 1039By: GKM
0.50 Runoff Coefficient - C
from Table $1, Urban Drainage
0.89
C10 =
Cl00 =
(0.25 x 12.0) + (0.88 x 2.71114.7 =
(0.50 x 12.0) + (0.89 x 2.71 t 14.7 =
0.37
0.57
TIME OF CONCENTRATION
T1 = SHEET FLOW, 300 FT @ 40Ve.
T1 (10yr) = (1.1 - 0.37)xLength ^1t2 I S^1t3Tl (100 yr) = (1.1 - 0.57) x Length ^1/2 / S ^1/3
T2 = SHALLOW FLOW, 950 FT @ 66%.
1O'WIDE. 0.5'DEEP
V10 & V100 = 1.491n x (tup)^.67 x S^.S
V10 & V100= 1.49/n x (5/1 1)^.67 x .66^.5
T2 (10 Yr) = 950 / 14.3 x 60
T2 (100 Yr) = 950 I '14.3 x6O
T3 = CHANNEL FLOW, 500 FT @ 9To.
CURB & GUTTER - 6' DEEP, n = 0.013
V10 & V100 = 1.49/n x (A/P)^.67 x Sn.5
V10 & v100 = 1.49/0.013 x (3.5/14.5)^.67 x.09^.5
T3 ( 10 yr) = 500 / 13.3 x 60
T3 4100 yr) = 500 / 13.3 x 60
TOTAL TclO = 17.2 + 1.1 + 0.6 =
TOTAL Tc100 = 12,4 + 1 .1 + 0.6 =
INTENSITY(l) =
| 10 =
| 100 =
PEAK FLOW RATE ( O )Q=ClA
Q 10!(0.37) x (2.1) x (14.7) =
17.21 min.
12.38 min.
14.27 fps
1.1 min-
1.1 min.
'13.27 tps.
0.6 min.
0.6 min.
18.9 min.
14.1 min-
n = 0.05
Np='5111- 10'Wx0.5'd
s = 0.66
n = 0.013
Np = 3.5114.5 - 14'Wx0.5'd
s = 0.09
Inlensity (l) from
Town of Vail IDF curves
2.1 in.lhr.
3.9 inJhr.
'11.29 cfs
32.77 ctsQ 100 = (0.57) x (3.9) x (14.7) =
=!
IA)-
I
1
t-
?
T
ro
9'
7
oc
I
N
(
I
c5
Hvdraulic Calculations
o
MIDDLE CREEK VILLAGE
HYDRAUUC CALCULANONS
INLETS: SUMP CONDITION
Use D&L l-3386 Grate
Open area = |.5 sf
Ponding Depth = 0.5 ft
8t22t01
K-
Q=
O.7 (3006 clogged)
0.6 entrance loss coef.
ORIFICE EQUATION - V = C x (2gh)^t/2 and e -- KVA
\/ = 3.4 fps
Q=
West Drainage Area - Q10 = 3.4 cfs, Q100 = 7.6 cfs
2 - fnfets (one on each side of Mt. Bell Road - 6 cfs X 2= 12 ds
East Drainage Area - Q10 = 11.3 c{s, Q100 = 32.8 cfs
2 - lnlets (one on each side of Mt. Bell Road - 6 cfs X 2 = 12 6s
cfs6.0
Qtoo- oh /
&,, - olc a
t-3234 SidelGt Catch Basin Frame
and Cover
Appx. Wt. 91 lbs.
Appx. W. 590 lbs.
Available with:
i;
if
3\;t
Il
il
:)
1l
i)
i)
il
f)
il
il
il
Grl ,
:.1'
0
a:\
3
3
.J
l=T"___jf-r-------!i' h-------fll_ ,-*1t tv-ll'."*'ll
L--3!
L-e5
Le| -:: :i::- |
a3m4-sMfRA€
Catalog No. Tvpe of Grate Total Weiqht Cataloq No. TvDe of Grate Total Weiqht
13440 2 Sided Concave 340 l-3446 3 Sided Flat 360
2 2 Sided Ftat 340 l-3448 4 Sided Concave 380
l-3444 3 Sided Concave JOU l-3450 4 Sided Flat 380
)
IFL*ffi vc
Table
Rating Table for Circular Channel
Pryjqct Description
Project File
Worksheet
Flow Elernent
Method
Solve For
Gircular Channel
Manning's Formula
Discharge
e.fm2
Constant Data
ManningsCoefficient 0.010
Depth 1.3O ft
Diameter 18.00 in
Input Data
Minimum Maximum Increment
Channel Slooe 0.005000 0.050000 0.005000 fr/ft
Channel
Slope Discharge(fvCI (cfs)
Velocity
(fus)
0.005000
0.010000
0.0't 5000
0.020000
0.025000
0.030000
0.035000
0.040000
0.045000
0.050000
10.09
14.26
6.20
8.77 =/,
17.47
20.17
22.55
24.70
26.68
28.53
30.26
31.89
10.74
12.40
13.86
15.18
't6.40
17.53
'| 8.59
19.60
oanzol
O4:43:52 PM
Flowl\4aster v5.15
Page 1 ot 1Haeslad Methods, Inc. 37 Erookside Road Waterbury, CT06708 (203) 755-1666
Table
Rating Table for Circular Channel
ilojsct Description
Project File
Worksheet
Flow Element
Method
Solve For
Manning's Formuh
Discharge
e.lm2
Constant Data
ManningsCoefficient 0.010
Depth 1.75 ft
Diameter 24.00 in
Input Data
Minimum Maximum Increment
Channel Slope 0.005000 0.050000 0.005000 fr/ft
Rating Table
Channel
Slope Discharge Velocig(fuft) (cfs) (fUs)
0.005000 21.85 7.50
0.010000 30.90 10.60u.ul uuuu JU.vu I u.ou - - |o.g15ooo 3;'i; ;;..;; rf Q,," = tl.i, ;< r.6u.
0.020000
0.025000
0.030000
0.035000
0.040000
0.045000
0.050000
43.70
48.86
53.52
57.81
61.80
65.55
69.09
14.99
't6.76
18.36
19.83
21.20
n.49
23.70
0 5E Zt" e ( '5o/o t''lia'
oan2tol
04r42:53 PM
FlowMaster v5.15
Pags t ot 'lHaestad Methods. lnc.37 Brookside Road \r\blerbury, CT 06708 (2O3) 755n 666
o
Appendix K: Traffic Study
Planning and Environmental Commission
Pr6liminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
Ironsoortoiion Consultonts
coLo[rADo
INC,
August 23,2001
Lee Mason
Odell Architects, P.C.
32065 Castle Court, Suite 150
Evergreen, CO 80439
Re: Vail-Middle Creek, Traffrc
Dear Lee,
As agreed, we have prepared this initial review of trafiic issues associated with development of
150 to 200 affordable housing units in the town of Vail along North Frontage Road, west of the
Vail Road north roundabout, We will follow this initial review with a detailed traffic impact
assessment at a later date as the project proceeds through the Town ofVail's development
review process. At this time our review covers two site planning considerations: potential
vehicle trips generated by this project and, site access and circulation
Yehicle Trip Generation
We understand the project will be up to four stories, specifically zoned as Affordable Housing.
Occupants of the studio, one- or two-bedroom dwellings will be seasonal workers primarily,
employed in the Vail Valley. The approximately 6.5-acre parcel will also have a freestanding
early childhood learning center. This will replace an existing day care facility on the property'
Most ofthe parking will be located in the hillside behind the clustered housing units, east of the
existing Mountain Bell tower.
Typically, a multi-family clustered development ofthis type could be expectedr to generate
uitricle trips at a rate of 6 to 7 trips per unit per day. Entering and leaving the site is two trips,
one in and one out. If the site were to have 200 dwelling units perhaps up to 700 vehicles would
enter and leave the site each day; yielding 1,400 vehicle trips daily based on t)'Pical trip
generation characteristics.
However, we believe actual vehicle trip activity at full occupancy would be noticeably less than
the typical zuburban townhome or apartment complex. We believe walk, bike and public transit
will substitute for many of what otherwise would be local vehicle trips. Reasons for this are:
Reducetl Auto Avaitability -Many of the occupants will be seasonal and local workers.
Auto ownership will be relatively low with many seasonal residents relying on public
transportation or carpooling for discretionary trips to avoid the cost ofowning and
operating a private vehicle for a short term.
I Institute of Tnnsportation Engineers publication Trip Generalion' f Hition
l675LorimerSkeet.Suite600. Denver.ColorodoSO2O2' (303)825-7107'FAX: 825-6004 E-Moil: IDAcolo@ool com
Lec Mecon
St23nl
Page2
Site Locotion and Layout - The location of the site, about % mile from Meadow Drive in
the heart of Vail Village, will be convenient for walking orbiking to many ofthe Town's
job locations, eateries, convenience shops and recreation opportunities. The site layout,
with a strong street orientation and parking tucked behind the units, follows the tenants of
Transit Oriented Development (TOD). Residents choosing to walk or use public transit
will have access to a planned bike /ped trail and a bus stop literally "outside their front
doo/'as depicted on your site plan. The Town of Vail's public transit system is one-of
the most treavity used in the State of Colorado. From our experience at a number of
resort communities throughotrt the western US, Vail is the standard whish other transit
systems strive to emulate. Residents and visitors will have access to Avon, Beaver Creek
and downvalley via ECO Transit (Eagle County) express buses connecting at the Town's
transportation center - about a lGminute walk and in-Town shuttle trip from lhe site' Car
drivers, on the other hand, will park in a lot behind the building complex, driving around
the complex to access North Frontage Road. This configuration is the equivalent, on a
single fimily neighborhood scale, of alley parking and front yard porches. The message
thai the automobile is of lesser importance in'site design choices is cleaily conveyed.
We expect the access, convenience and economics of alternative modes for the seasonal residents
of Mid-dle Creek Village will yield a vehicle trip reduction of 30 to 35 Yo fuon the 'typical" as
determined by standard trip generation references. Instead ofthe 1,400 daily vehicle trips that a
200-unit apartment complex could geherate in a typical suburban setting, we estimate trip
generation for this project will be in the order of950 trips per day.
Site Access and Circulation
The site will have two North Frontage Road access points as shown on your site plan. The west
access is the existing road to the Mountain Bell tower. This drive will be used by residents
parking in the smalflot near the frontage road at the west end of the site and by those driving
west oithe project. The east drive will be convenient for day care trips and others driving
through the main Vail I-70 interchange'
North Frontage Road is located within the I-70 right of way and is under the administrative
jurisdiction olthe Colorudo Department of Transportation. In accord with the State Higlway
'Access Code, eachdrive will need formal access permitting. The existing west access will need
a repermitting since there will be a change in use of the access. The east drive will need an
access application zubmitted and approved by CDOT Region 3 in Grand Junction. CDOT
usually r"-q,r"rts local concurrence before issuing a new permit. We can work with your civil
design firm (Peak Land Consultants) to prepare the necessary application documents at the
appropriate phase of your design development proc€ss. CDOT has a maximum of 45 days from
thi time a complete application is submitted to render their decision.
From our discussions with Jim Ellerbroek ofPeak Land, there does not appear to be any sight
limitations along the section of North Frontage Road. Location of the east &ive should consider
right turn deceleration in a zone where vehicles coming out of the roundabout will be
aJcelerating up to the 35-mph posted speed. At a minimum the east drive should be stopping
sight distance from the roundabout which for 35 mph is 250 feet (wet pavement). CDOT may
Lec Mason- unnl
_ Page3
require a right turn deceleration lane orjust a right tum taper for lhe east access' Acceleration
lanes are typically not required when the postd speed is below 40 mph'
We trust this initial traffrc review will assist you with your upcoming project discussions with
Town saff. We look forward to working wiih you, if needed, on future traffic impact analysis
for the Middle Creek housing development.
Please call me if you have any questions on this review'
Sincerely,
TDA Colorado,Inc.
Appendix L: Letters from other organizations
Planning and Environmental Commission
Preliminary Plat, Land Use Plan Amendment, and Rezoning Request
Middle Creek Subdivision
September 24,2001
United States
Department of
Agriculture
o
Forest
Servicc
White River
National
Forest
Iloly Cross Ranger District
24747 VS Highway 24
PO Box 190
Minturn, CO 81645-0190
(97O)
't27
-5717
'r'TY (970) 945-3255
FAX (970) E27-r343
File Code: 1560
Date: September I 1, 2(n I
Ms. Allison Ochs
Planner II
Town of Vail, Community Development
75 South Frontage Road
Vail. CO 81657
Dear Ms. Ochs,
Thank you for the opportunity to comment on the proposed maior subdivision project on the
"Mountain Bell Site" in Vail. Our understanding frorn recent newspaper reports is that the
proiect is intended to provide affordable housing. We support the projects goal of meeting this
crucial areaneed. It appears that provisions have been made to keep development out ofthe
floodplain of Middte Creek and off of the steeper slopes 01' the property. The scale of the
materials provided made it difficult to analyze the project in any detail.
We request that serious consideration be given to facilitating access to the "North Trail" by
residents of the proposed development and current trail users. It seerns likely that the proposed
development will generate a substantial increase in use of the trail. We would encourage
planners to incorporate parking and access to the trail in thcir proje,ct planning.
Sincerely,
CALVING. WETTSTEIN
District Raneer
6Caring for the Land and Serving People Prinled on Recycled Paper
3799 HIGFIWAY 82 . PO. DRAWERI15O
GLENWOOD SPRINGS, COLORADO 8J602
(970\ 945-3491. FAX (970) 945-4081
September I l, 2001
Ms. Allison Ochs, AICP
Department of Com munity Development
Town of Vail
75 South Frontage Road
Vail, CO 81657
RE: Middle Creek Village Subdivision
Dear Ms. Ochs:
The above mentioned development is within the certificated service area of Holy Cross Energy.
Holy Cross Energy has existing power facilities located on or near the above mentioned project.
These existing facilities have adequate capacity to provide electric power to the development,
subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations,
and new extensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon completion of appropriate contractual agreements.
Please advise when you wish to proceed with the development of the electric system for this
project.
Sincerely,
HOLY CROSS ENERGY
#7r.4
Ted Huskey,
Engineering Service Supervisor
TH:vw
Location #52-65
ALIG Za 7aa1 l3: 1a FR EAGLEdffTL Sc s?o s4s 32Be
u7646
l6 P.Bl/@1
'rg XcelEnergy-
PUDLIC SETVICE COITPANY
Aueust 20,2001
Peak Land Consultauts, Inc.
Attn: Gcorge Mossnan
1000 Lionsridgc Loop
Vail, Colorado 8]657
P O- Bo,( 4ll0
Minturn, Cololado 8t 646
Subjcct: Ser,ricc Avail obility
Dear Mr, Mossman:
In accprdancc witb our mriffs filqd with od appwed by the Cotorado Public lJtilities Ccnmission" gas
facilitips oan be srade available to servo yoru piojcct at Middle Creek Villagc (tbo Mournain Bo11 Site).
Curently our lead time for design is 4 wecks and lead timc for coastruction is 8 weeks. Ilue to wo*loa4
rnarerial availabilily and design lomptcxity, dcsign aod corutruotion lead times arc approximatc and
subjcct to change. Plcase submit your plals at tbe ear[ogt opporntDity to better assuro mccting your
proposed schcdule for receiving gervice.
E G". costs will be calculated ia conformancc with qr frled SERVICE IATERAL CONNECTION
AND DISTRIBUfiON MAJN EXTENSION POLICT.
f] Elestric Coss for the project will bc calortafcd in conformance with our filcd SERVICE
CONN'SCTION AND DISTRIBUfiON LINE E)ilEI.ISION POLICY.
If you have any qocsuons or c,omment!, or if I can be of firrther assistatrce, please call rue at tha rurmbcr
listed bclow. My normal work hqurs are 8:00 a.m. to 5:00 p:n, Monday tlrougb Friday.
bryt
gtt0-2624070
x't TOTnL PRGE. A I xx
cBgs
t5 01 ',
AUG.Z3.zwr L7':46An Y CR05So VAIL NO,458 P.?
37?9 HIG}WAY 82 . PO DRAWER ito
GLENWOOD SPRINGS, COLORADQ A1402
(970) 9,[5-s491 'FA)( (970 94S-40d1
August 22,2001
Mr.George Mossman
Peak land Consuftants, fnc.
I000 Lionr Ridge,Loop
Vail, CO 81657
RE: Middlc Creek Village - "Mounraln Bell Site"
Dear Mr. Mossman:
The above mentioned development is withln the certificated serulcc area of Holy Cross Encrgy.
Hofy Cross Energy has existing power facllltles located an or n€ar the above mcntloned prolect.
These exlsting facllltles.have adequate sapacity to provlde elefirlc power to the dcvelopineit.
subject to the tariffs, rules and regufations on file. Any power tlnc enlargements, refoCatlons,
and new extensions necessary to deliver adequate poyver to and withln t6e dcvelipment wttt hundertaken bY Holy Cross Energy upon compietlon of appropriate contractual agriements.
Plerte advlse when you wish to proceed with the development of thc electrlc system for thlsproject.
Slncerely,
HOLY CROSS ENERGY
tuil&a
Ted Huskoy,
Engineerlng Seruice Supervisor
TH:vw
Sirvtce Location *5 2-65
,r}
I
!,,& EaclE Rrvrnelg Wnren & SRrurrlnoru DrslRlcr'-z'7
846 Forest Road . vait, cotorado 81657
August 21,2OOl
(s70)4747480 ' FAx (e70) 476-408e
Mr. Jim Ellerbroek
Peak Land Consultants, Inc.
1000 Lionsridge Loop
Vail, CO 81657
Subject:
Dear Jim:
Middle Creek Village Developrnent Ability to Serve Letter for Water
and Sewer
As of August 14, 200l,the Eagle River Water & Sanitation District will provide domestic
water and sewer service to the above-referenced development. The District has excess
capacity to process domestic water and sewer to its constituents at the present time. Thevail wastewater Treatment Plant (vwrp) is currently serving approximately 5607
Single-Family Equivalent (SFE) units. The current design capaciiy of the VWTP is 7500
SFE units.
Accordingly, upon compliance with the rules and regulations, and the payment of
appropriate tap fees, the District will provide domestic water and sewer service.
Construction for all main line extensions is the responsibility of the developer; however,
all construction drawings must be pre-approved by the District.
If you have any questions or concems please contact the District at 476-74g0.
Sincerely,
\'"q\.Lj\'o_
Fred S. Haslee
Regulations Administrator
c Customer Account File
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To whon it may conoern:
Qwesr corfms our ability to scrvr thc proporcd sitc (Mrtrltc crcak Mllage) rs sbowr othe'rocatioo Plan" dded A,ugnst 2o, 2oot prrparcd by pcak land e-wltirc* rnc.
We underct nd thst the plan/s FarBmitted ce conocptuat only.
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PEAK I.AND CONSULTANTS. INC.
PEAf, I.AND CONSUL @01
PEA'( IANO SURVEYING, INC.
PEqK CVIL ENGINEERING. INC.
970.$6{,614 r FA(t7047&S616. l0m uchrs R|DGE LOOp r Vn|L CO !1652
Facsimile Trsnsmittal
Urgeot FqRcvicw___Pleasc Commeut_PteaseRcply
Ifyou fail to receivc all oftbc pages or ifthey do not
tnnsmit clcarly, please call as soon as possible. Tbmkyou
|J,,/ Lb/ ZvuL 12.58 I'Ai( U7U{,ddoIU YTiAtr I,ANU UUNSUL
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To: Allison Ochs
From: Tom Kassmel
Date: 9ll8/01
Re: Mountain Bell Site
The Public Works Departrnent has reviewed the preliminary plans for the Mountain Bell
Site and has come up with the following issues that will need to be addressed:
1 . Please show the limits of the proposed sidewalk extending to the North Main Vail
Roundabout to connect with the existing walk, and the westem limits to extend a
distance, to be determined, to the Red Sandstone School Pedestrian Overpass. Show
proposed sidewalk at a minimum width of l0'.
2. Provide Curb and Gutter along north side ofFrontage Rd for length ofproposed
attached sidewalk, match to existing in Main Vail Roundabout.
3. The standard cross section of roadway improvements will need to be as follows
(North to South): 10' bikdedestrian path, 2.5' curb and gutter, 12' tum lane, l2'
westbound through lane, 16' left turn lane, 12'eastbound through lane and a 6' paved
shoulder.
4. All above street improvements shall be built for a minimum length of the entire
frontage ofthe parcel and extend as necessary for required taper lengths beyond the
property limits. All costs for these improvements including landscaping, retaining
walls, storm sewer and drainage systems and lighting will be the responsibility of the
applicant .
5. The project limits for the traffic study needs to examine an area of inlluence from
Vail Road/South Frontage Road to the pedestrian overpass of I-70. Trip distributions
should be broken down by type ofmode and direction. Address LOS ofroundabout,
entry roadways and pedestrians in this area.
6. For each additional trip generated in the P.M. Peak Hour, a $5000 impact fee will be
assessed. The total fee may be offset by any street improvements constructed.
7. A bus stop must be provided for eastbound traffic as well as westbound. Please
modifr stop as per discussions on Thursdays meeting. This includes providing an off-
street full bus stop for both east and westbound buses, providing standard TOV bus
shelters, required lighting and pedestrian connectors.
8. All necessary permits will be required for any work in the creek to extend existing
72" culvert,
9. Please provide a drainage plan showing all necessary inlets, sediment pond, sand/oil
separatols, culverts, swales etc. Positive drainage away from all structures must be
provided at all times.
10. Show snow storage areas.
I l. Show all wall elevations (TOW, BOW). Provide wall details as well.
12. An Erosion Control Plan will be required for this project.
13. Construction fencing and limits of disturbance will be required on the site plan.
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{' +a w'cs) sh"- la b- bar,rt- b1 J,t{ J-w,(o*r,r . ?rr.nt st^.- .',- }f ,.,
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ODELL ARC BCTII PC
14 Septrmber 2(X)l
Mr.MiksVergbm
Town of Vail Fir€ D€partn€ot
75 SouthFroubgcRoad
Vail, CO 81657
Fa:r: 970479-2176
Bc; Middle Creck Villrge kelimiury PlrtPlu
DerMike:
As pcr our conversation this morning the plan wc ar,c submittiug to the PBC for Preliminary Plat
ryproval is conceptual in naurc, and it is mcant to dcscribo thc site usagc for apprcval of the
cubdivision and rczoniug only. On mccting with you on Wefteedan S€ptemb€r 12 was to gct
prclimirrary fccdback ad to idciliry any issues we will necd to addrers as wc dwclop the
DwclopmentPlar.
As wc disou$€d thir moruiqg, the deoigq of thc sitc plur will be adjustcd ftom this point to
crcatc thc Dcrrolopment Plan, which we will eubmit for plan approvat. We will desip the
devclopment plan with all ttrc propcr and rcquired access points and etaging aeas for fire truck
access. We will set up mcctings with you to rwicw tte p,rogress of the site plaudng ss wF start
ir
As you mcntioncd, this will bo guffcicnt for pu to give yorrrpreliminary epproval of the project
for thc rczoning and subdivieion I rypreciatc pin helpfulness in this matter. As 1ou cur
imagine, I was somcu,tat takcn aback at the prospect of havinC to finalize tho sitc plan desip
prior to carly next wce*.
Thad$ for lour input and I look forward to working wiih pu further to insue this projects'
sltcc9ss.
Sincerely,,llr | | .
W llilftt[tn A,t
W. LeeMeson, AIA
Cc: Allison Ochs - TOV Iim Ellerbrockc-Peak
Miko Coughlin - Coughlin Dwelopment
3A367A7t62I PAe A2/42
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From Land Title Thu Sep 13 15:34:00 2001 Page 1 of 10
LadTltleG.ardeGtslt
q"E rctttBusTFamd{
Detc: 09-l32lDl
Propcrty Address!
US WF:ST PARCEL
Our Order Numbcr: YCI72/85
EANI,AND SI]NvIilNG
I|nO I.IONS RIDGE IIXP
vA[, cl) tr6s,
Aln: BRENT RK|GS
Plul: 91G476t644
Eg,. Yt04fl6t6l6
Scnt Vb Flx
Ft|trlEllfl
From Land Title Thu Sep 13 15:34:00 2001 Page 2 of 10
LadTltbq.ffieeGtpry
\unol.Irgs
Date: 09-132001
hopcr$t Address:
US WFST PARCT'T,
Buycr/Bormwer:
ToBE DETENMINEI)
frr Order Number: VCjn24ll6
Sdler/Owner:
THE MOTJNTAIN STATTS TNEPTIOhIE AND TTLIrcRAPII COMPANY, A COI,()RADO CORFORATION, AS
TO PAR(EI, I
TOWN OF VATT,! A MUNICIPAL CORPORATTON, AS TO PARCF"[,2
If you havc any Inqulrles or requlre further a*sf,stancq plerse @nt&ct one of lhe numbers bclov:
For Cluslng Asslstsnce For Tlth Asslstrnce:
Vdl Tlde Dcpt
Roger Avlle
lot s. FRoNTA(fr, RD. W. f203
P.(} BOX 357
VAII, CO E1657
Ptnrt: 970-475- 225 t
Fu: 9G476-4534
EMdlr ruYlla@lgc.com
Need a map or dlrcctlons for your upcomlng clanlnf Check out lrrd Tltle's wcb slte at ws'w.llgc.com
lor dlrcc'llom to anv of our 40 ofllct bcatlons.
EIIMA'IECFIITTEE
In[onnadon Blrdcr s175 - OO
I(rA s175 - 00
tor c(!|llgl THANK YOU FOR YOT'N, ORDF,RI
From land Titl€Thu Sep 13 15:34:00 2001 Page 3 of 10
Cldcqo Tllle Insu:mce Conpny
ALTA COMMITMENT
Schedulc A
Our Order No, VCWL/86
C\rrL RcL:
Property Addrcss:
US WF:ST PARCT:L
1. Ellec-tlve Dotc! AFll 26, 2lXll at 5:fi1 P.l\'L
2 Pollcy to be Issued, rrd ltoposcd Insured:
Irtrorndon Blnder
h0posed Innrcd:
TO BE, DT'TF"NMIIYEI)
3. The estale or Interest In thc lrnd descr{bcd or refered to In thls Commlbnent rrd covcrcd herrln ls:
A Fce Slrnilc
4. Tttle to the e.etste or lntcrcst covcrcd hereln is rt tlE eflccdve dstc hereof vcsted tn!
TIIE Mfi'NTAIN STATTS TU,EPTIONE AND TELT]GMPH CJOMPANY, A COIORADO C,ORFORATION, AS
TO PAR(FI I
TOIVN OF VAII, A MI]IVCIPAI, CORFORATTON, N D PARCF:I,2
5. The lsnd refertrd to ln thlr Commltme|rt |3 dcacrlbcd ss folbws:
SF"E ATTACIIFD PACF{S) FOR I,T:IGAI, DTSCRIPIION
From Land Title Thu Sep L3 15:34:00 200L Page 4 of 10
Our Order No. VQIIAG
18t{-IECEmO'|
PARC-EL I
A TRACT OF IAND IN THE SOUTIIEAST ()t{f,',QUARIB, SfiJTTIF,AST ONF'QT'AR'TT"R, SF]CTION 6,
TOVyNSIilP 5 SOUTI|, nANGE t0 VyEST OF TTrE 5TH P,M., EAGLE (nUNTY, COI{)RADO, MORE
PARTICI.]I,ARIJ DESCRIBED AS FOIII)WS
BEGII{NING AT A FOINT BEING 1170.20 FmT NORTII 35 DEGRF,ES 01 MINUTFS 2s SECON-DS
WBST FROM TI|E SOUTIIEAST CORNER OF SECTION 6, TOWNSI{P 5 SOUTH, RANGE E0 WrjST OF
TIIE 6TtI P.l[.; TIIENCE NonTII 00 DBGRBF^S 00 MINI]TTS 1t0.11 FEET; TIIENCE NoRTII EE
DFIGRF,trS 34 MINf[F]t WEST 1.13.67 FFiET; fiIHICE SOIfiI 60 DIJGREES 09 MINIJTRS WFST
107.00 FEET; THFNCts SOUTII 26 DEGREES l7 MIIruTF.S WF^ST 32.25 FEET; TTIEN(E S(XJTII
n DtrnRI:F^S 30 MINITTES WEST 120.00 FEET; TIIEI\CE SOIITII36 DDGREF:S 23 MINUTES 30
SEff)NDS W&ST 65.24 FFjET; TIIENC'E SOUTII m DFrcREES 36 MINUTES 30 SSI(NDS FAST
411.93 F[;RT TO TrrE FOINT (X' BEGINNING COUNTY (x' FI{GLE, STATE OF CI)II)RAD(}
TffiETIIER WTTII AN FASEMENT FOR ACIX]SS T() AND IjIGRESS FROM TIIE ABOVF.DF^SCRIBED
TRACT BY PEDE.STRIAN, VETilCI'I,ltR, AND MOTORTRAFFIC, FORAEruAI,AND BT]RIET)
TETTCNTOWN AND E:I,TJCTRICFOTI'F,RI,INES AND FiORBI]RIDD WATGR, SiEWER, GAS, AND OTTIER
T'TII,MIDS TO SAID TRACT OVER AND ACROSS TTIE FOI,IOIVING DFSCRIBED PROPERTY, TO
WIT:
A TRAC:T OF I,,|ND IN TIIE SOUTIIEAST GJEQUARTF,R, SOUTIIEAST ONF'QT'ARTF,& SI]CTION 6,
TOWNSTnP 5 Sotml RANGE t0 WEST OF TIIE 6Ttt P. M., MGr,E COUNTY, C(XnRADO, MORE
PARTIC]I]I,ARIJ DITSCRTRED AS FOIJfiVS:
BNGINTNNG AT A FOINT BEING II7O.2O FEET NORTII 36 DNCREF,S OI MIIIT]TFS 25 SECONDS
vyF^sr FROM TIIE S(XJTUEAST CI)RFIER OF SECTION 6, TOWNSIilP 5 SOUTIT, RANGE E0 vwLST OF
TIIE 6TII P.l\4 ; THF,lrlCE, SOUTII 00 DEGREF..S 00 MINUTES 40.25 IEET; TIIENCE NORTII &j
DEGRF.F.S 36 MINUTILS 30 SEOONDS WIST 3&L/tE F[:ET; TIIENCE S(xlTII l5 DI]GREBS 49
MINTJTFS WEST tt.lt FT:ET TO fiIE NoRfiI ruGIlT OF wAY LINE OF INTEILSTATR 70; TIIEN(I
NORTII 74 DT]GRFJBS 2I MINUTBS 35 SECONDS WE.ST 4O.OO FEMT AI,ONG TIIE NORTII RIGITf OF
WAY LINE OF INTF.R.STATE 70; TIIF,NICTj NORTH 15 DFIGRn&S 49 MINITTnS I',AST 122.20 FFST;
TIIEI{CE SOT'TII t3 DTrcREES 36 MTNI]TES 30 SECONDS EAST 4II.YJ FF,ET TO TIIE FOINT OF
BNGINNTNG, (I)T'NTY OF F,AGIF,, STATR OF COLORADO.
NOIE: TIIE FINAL Fd,IcY DOES NOT f\r ANY WAY GUARANTEE On INSURE TIIE DIMENSIONS
OF TIIE ABOVE DF^SCruBFJD IAND, TI|E LF]GAL DESCRIPTION XS DF"RTVED FROM TIIE CIIAIN (X'
TITI,E AND ONLY AN ACC{JRATE ST]RVEY CAN DETTRMINB TTIE DIMEIISIONS
PAR(FT,2
A TRACT OF I,AND IN TIIE SOUTII TIAI,F (F TIIE SOIMIF,AST QUARTER, SECTTON 6,
TOVYNSITP 5 SOT]TII, RANGE 80 WEST OF TIIE 6TII PRINC'IPAI, MERIDIAN, F}TGI.E COT'NTY,
colonADo, MORE PARTIC{IT,ARTJ DF-sCruBFiD AS FOLIOIi/S:
BEGIIINING AT A FOINT TTIAT TS N OO DNGREES 2I MINIJTE.S T6 SEC{)NDS W A DISTANCS OF'
6E6.60 FFjET T'ROM TIIE SdITIIEAST CORNER G SF:,CTION 6, TO\I'NSHIP 5 SOIJTII, RANGE E0
WBST OF TIIE STII PRINCIPAL MERIDIAN, BUNG TIIE TRI]E FOINT OF BEGINNTNG;
ALSO RETNG A F()[NT ON TI{E NORTIII"RLY RTGTIT OF WAY OF INTER.STATE 70;
TIIU\CEN OO DFGRNBS2E MINUTTST6 SEOONDS WAII)NGTHE EASTLIMOFSAID SDCTION
Fron Land Titl e Thu Sep 13 15:34:00 2001 Page 5 of 10
(hrr Order No. VCn24?6
LgLtEcHmcll
6 A DISTAN(E OF 633.4II FffiT;
TTIEI|ICE N 8) DBrcRTjBS 2r' MINUTE.S 2T SECONDS W A DISTANCE OT'2633.76 FEET T() A
FOINT ON TIIE EAST BOTJNDARY LINE OF VAII,/FOTATO PAT$I FILING;
THENCE S OO DI]GRDES ffi MINUTFS 12 SECI)NDS E AIOIYG SAID EAST B(X'NDARY III{E A
DSTANCE OF 35I.2I FFJET TO A P(XNT ON A CT'RVF,, SAID CURVE ALSO BEING ON TIIE
NORTTIERLY RIGIIT (}f WAY OF INTER.STATETO;
TTIEI{CE AINNG SAID NORTHERIJ RIGIIT (X'WAY ON TTIE TOLU)WING t (X)IJRSES:
1) A DLSTNACF: OF 204.62 FmT AInNG THE ARC OF A CIIRVE T() TIIE RIGIIT, SAID C{'RVE
IIAYING A C-EIITRAL ANGLE OF 02 DEGREES 56 MINIJTBS It SFIONDS, A RADIT]S OI' 3990.0
tr.EET, AND A CT|()RD BNARING N E5 DEGRF"ES 31 MINUIT^S IO S;F]CONDS E A DISTANCS OP
2t)4.60 FF,ET;
2) N m DEGREFS 13 MTNTJTF^S 06 SBCnNDS E A DISTANCT OF 211.t0 FF"ET;
3) N E4 DEGREF:S 55 MINUTES 50 S;EC.TNDS E A DISTANCE OF 319.70 FEET;
4) s 79 D['r]RF"BS 55 MINUTES 2t SrrnNDS E A DSTNCE OF 4;n&VEEti
5) S 69 DeGnFjF',S 55 MINIITES 2r S;EC{)NDS E A DXSTANC.E OF 303-20 FffiT;
o s 74 DEGRF,ES 2r MTNUTES 35 SBCnNDS E A DISTANCE OF 2114.70 FEET;
a s m DFfinEFs 36 MINUTES 29 SECO\IDS E A DXSTANCE OF t26.3ll FBT;
S) S 7T DFJGREF^S 33 MINI]TES.I5 SFJCI)NDC E A DLSTANCE OF 196.10 FEET TO TIIE TRIJE
POINT OF BT:,GINNING, q)UNTY ()F F,AGLE STATE OF COIORADO.
EXCEI'T TIIAT FORTION OF I.AND DTSC,RTBED IN WARRANTY DEED, RECEPTION 1I4IIIO, B(X)K
21E, PAGE 4I9, FII,ED OF RECORD IN TTTE OFTICT OF CLERK AND REC{)RDER OF FAGI,E
COT]NTY, COII)RAD(I
NOTE: TIIE FINAI, F(X,I(Y DOFS NOT IN ANY WAY GI]ARANTEE OR INSIJRE TIIE DIMT:I{SIONS
OF TTTE ABOVE DBSCRIBT:D I,AND, TTIE LFrcAI, DFSCRIPTTON XS DERTVED FROM TIIE CIIAIN OF
TITI,N AND d\I,Y AN ACCI]RATE SI]RVBT CAN DETERMINE TIIE DIMET{SIONS
From Land Title Thu Sep 13 15:34:00 2001 Page 6 of 10
ALTA COMMITMENT
Sclnfule B - Secdon I
(Rcqulrtnrnls) Our Older No. V(212436
The lo[owlng erc thc rcqulrcments to be compled wlth:
Item (r) hynEnt to or for tlE eccout of OE griltors or tr[rlgsgorr ol tlE lbll co|tl&ratlon for llE estrfie or
trEst !o h fusurd.
IEn (b) Prroper lrsE|I|trr(s) cnadrE the cshe or ht|est to be Insrred mrt be exccubd ottd dtly lllcd for rccon4
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FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Departmenl of Community Development
September 10, 2001
A request for a major subdivision, a request to amend the Vail Land Use
Plan to change the designation from "Open Space" 1o "High Density
Residential", and a requesl for a rezoning from "Natural Area
Preservation District" to "Housing Zone Districl" to allow for the
development of employee housing al the site known as Mountain Bell,
located on an unplatted piece of property at 160 North Frontage Road. A
complete metes and bounds legal description is available at the
Department of Community Development.
Applicant: Town of Vail Housing Authorily, represented by Odell
ArchitectsPlanner: Allison Ochs
DESCRIPTION OF THE REOUESTS
The Town of Vail Housing Authority, represented by Odell Architects, is in the
process of developing employee housing at the Mountain Bell site. The firsl step
in this process includes the following aclions:
1. A major subdivision, to allow for the platting of the sile known as
Mountain Bell. Approximately 6.6 acres will be platted for the housing
site, which will be called Middle Creek Village. The remainder will remain
open space.2. A Land Use Plan amendment, to change the land use designalion from
"Open Space" to "High Density Residential"of the Middle Creek Village
parcel.
3. A rezoning, to rezone the Middle Creek Village parcel from "Nalural Area
Preservation District" to "Housing Zone District".
The purpose ol today's meeting is to provide an inlroduction to the project and
outline the developmenl review process of the Town of Vail for the project. 11 is
scheduled for a preliminary review of the major subdivision, Land Use Plan
amendment, and rezoning on September 24, 2001 . Reduclions of the
preliminary plans have been attached for reference.
II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERW
The Mountain Bell site was annexed into the Town ol Vail by Ordinance No. 8,
Series of 1969. In 1974, as part of an agreement with Vail Associates, Inc.,
regarding bus service, the property was deeded to the Town of Vail. A portion of
lhe site is owned by Qwest and is lhe site of the Mounlain Bell tower. In addition,
ilt.
ABC and Learning Tree are located on the site. The remainder of the site is
currently open space.
ROLES OFTHE REVIEWING BOARDS
Zoning/Rezoning
Plannino and Environmental Commission:
Action:The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the
Town Council on the compatibility of the proposed zoning with
surrounding uses, consistency with the Vail Comprehensive Plans, and
impact on the general welfare of the community.
Desion Review Board:
Action: The DHB has NO review authority'on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are
provided. The staff advises the applicant as to compliance with the
Zoning Regulations.
Staff provides a staff memo containing background on the property and
provides a staff evaluation ol the project with respect to the required
criteria and findings, and a recommendation on approval, approval with
conditions, or denial. Stalf also tacilitates lhe review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a
zoning/rezoning.
Land Use Plan Amendment
Plannino and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the
Town Council on the consistency of the proposed amendment with
applicable review criteria and the policies, goals and objeclives outlined in
the Vail Land Use Plan and other applicable master plan documents.
Desiqn Review Board:
Action:The DRB has NO
amendments.
Statf:
review authority on Land Use Plan
The staff is responsible lor ensuring lhal all submittal requiremenls are
provided. The statf advises the applicant as to consistency of the
proposed amendmenl with applicable review criteria and the policies,
goals and objectives outlined in the Vail Land Use Plan and olher
applicable master plan documents.
Staff provides a staff memo containing background on the property and
provides a staff evaluation of the project with respect to the required
criteria and findings, and a recommendation on approval, approval with
conditions, or denial. Staff also facilitates the review process.
Town Council:
Action:The Town Council is responsible for final approval/denial of a
VailLand Use Plan amendment.
The Town Council shall review and approve the proposal based on the
consislency of the proposed amendment with applicable review crileria
and the policies, goals and objectives outlined in the Vail Land Use Plan
and other applicable master plan documents.
Major Subdivision
Plannino and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for
final approval/denial of a major subdivision.
The PEC shall review the proposal and make a recommendation to the
Town Council on the compalibilily of the subdivision with surrounding
uses, consistency with the Vail Comprehensive Plans, and impact on the
general welfare of the community.
Desion Review Board:
Action: The DRB has NO review authority on major subdivisions..
Staff :
The staff is responsible for ensuring that all submittal requirements are
provided. The staff advises the applicanl as to compliance with the
Zoning and Subdivision Regulations.
Staff provides a staff memo containing background on the property and
provides a statf evaluation of the project with respect to the required
criteria and findings, and a recommendation on approval, approval with
conditions, or denial. Staff also facilitates the review process.
IV. STAFF RECOMMENDATION
As this is a worksession, stalf will not be making a recommendalion at this time.
The final review for this application is scheduled for the September 24,2001,
Planning and Environmental Commission meeting.
V. MAJOR SUBDIVISION
Title 13, Subdivision Regulalions, of lhe Town of Vail Municipal Code establishes
the review process and criteria for a major subdivision proposed in the Town of
Vail. Pursuant to Chapter 13-3 (Major Subdivision) of the Town Code, lhe first
step in the review process is for the applicant to meet wilh a Town Planner to
discuss the preliminary plan. Staff has met wilh the applicant on several
occasions lo discuss the proposal and address submittal requirements. Staff
feels the applicant has successfully complied with the initial step in the review
process.
The Town ol Vail is required to notify the following agencies that a major
subdivision is proposed and that preliminary plans are available for review:
Departmenl of Public Works.
Town Fire Department.
Town Police Department.
Public Service Company of Colorado.
Holy Cross Electric Association.
U.S. West
Cablevision company serving the area.
National Foresl Service.
Eagle River Water and Sanitation District.
Vail Recreation District.
Eagle County Ambulance Districl.
Other inlerested agencies when applicable.
All of the above agencies have been notified.
The next slep in the review process shall be a formal consideration of the
preliminary plan by the Town of Vail Planning and Environmental Commission.
The applicant shall make a presentation to the Planning and Environmental
Commission at a regularly scheduled meeting. The presenlation and public
hearing shall be in accordance with Section 12-3-6 of the Town Code. The
applicanl's appearance belore the Planning and Environmental Commission
scheduled for September 25, 2000, shall serve to meet the public hearing and
presenlation requirement.
The burden ol proof that the application is in compliance with the intent and
purposes of the Zoning Code and other pertinent regulations shall lie upon the
applicanl.
In reviewing the preliminary plan, the Planning and Environmental Commission
shall review the application and consider its appropriateness in regard lo Town
policies relating to:
1. SubdivisionControl;2. Densities proposed;
3. Regulations;4. Ordinances, resolutions and other applicable documents;5. Environmental Integrily;6. Compatibility with surrounding land uses; and7. Effects upon the aesthetics of the Town and surrounding land uses.
The Planning and Environmenlal Commission shall have twenty-one days from
lhe date of the review of the preliminary plan to approve, disapprove or approve
with conditions or modifications, the major subdivision requesl. Within ten days of
making a decision on the request, the staff shall forward the Planning and
Environmental Commission's decision to the Vail Town Council. The Council
may appeal the Planning and Environmental Commission's aclion. The appeal
must be placed within seventeen days of Planning and Environmental
Commission's action. lf the Council appeals the Planning and Environmental
Commission's action, the Council shall hear substantially the same presenlation
by the applicant as was heard at the Planning and Environmental Gommission
public hearing. The Council shall have thirg days to affirm, reverse, or affirm with
modifications the Planning and Environmental Commission decision. The appeal
hearing shall be held during a regularly scheduled council meeting.
The final step in the review process of a major subdivision request, after Planning
and Environmental Commission preliminary plan review, is the review of the final
plal. At any time within one year after the Planning and Environmental
Commission has taken action on the preliminary plan, a final plat shall be
submitted to lhe Town of Vail Community Development Department. The staff
shall schedule a final review of the final plat. The final review shall occur at a
regularly scheduled Planning and Environmental Commission public hearing.
The review criteria for a final plat are the same as those used in reviewing the
preliminary plan as contained in Section 13-3-4 of the Subdivision Regulations.
The Town of Vail has the ability to require certain improvements when approving
a major subdivision. The following improvements shall be required by the
applicant unless olherwise waived by the zoning administrator, Planning and
Environmenlal Commission. or Council:
1. Paved streets and parking lots;2. Bicycle and pedestrian path linked with the lown system and within the
subdivision itself;3. Tratfic conlrol signs, signals or devices;4. Street lights;5. Landscaping;6. Water lines and fire hydrants;7. Sanitary sewer lines;8. Storm drainage improvements and slorm sewers;9. Bridges and culverls;10. Electric lines:11. Telephone lines;12. Naturalgas lines;13. Other improvements nol specifically mentioned above but found
necessary by the Town Engineer due to the nature of the subdivision.
The applicant is proposing to plat the Mounlain Bell site. This is considered a
major subdivision and is scheduled for review by the Planning and Environmental
Commission on September 25,2001.
LAND USE PLAN AMENDMENTvt.
General Overview of the Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.2. To serue as a guide for decision making by the Town.
The Vail Land Use Plan is intended lo serve as a basis from which future land
use decisions may be made wilhin the Town of Vail. The goals, as articulated
within the Land Use Plan, are meanl to be used as adopted policy guidelines in
the review process for new development proposals. In conjunclion with these
goals, land use categories are defined lo indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use calegories and zoning
conflict, existing zoning controls developmenl on a site.
To be effective, the Land Use Plan must be updaled to reflect current thinking
and changing market conditions. The Vail Land Use Plan can be amended in
three ways:
1) The Community Development Department can update and revise the plan
periodically. The Community Development Department then makes
recommendalions lor the proposed changes to the Planning and Environmenlal
Commission, where these changes would then be considered in a public hearing
format. The Planning and Environmental Commission would then make a
recommendalion to the Town Council, where another public hearing would be
held. The Council then adopts the changes by resolution.
2) The Planning and Environmental Commission or Town Council can also
initiate amendments to the Land Use Plan. Again, both boards hold public
hearings and the changes are adopted by the Town Council by resolution.
3) The private sector can also initiate amendmenls to the Vail Land Use Plan.
Applications may be made by a registered voter, a properly owner, or a property
owner's authorized representative. The amendments are then heard by both the
Planning and Environmental Commission and the Town Council. The Town
Gouncil then adopts the changes by resolution.
The applicant is proposing to change the land use designation from Open Space
to High Density Residential.
The Open Space designation is described as follows:
Open Space (OS): Passive recreation areas such as greenbelts, stream
corridors and drainageways are the types of areas in this category.
Hillsides which were classified as undevelopable due to high hazards and
slopes over 40% are also included within this area. These hillside areas
would still be allowed Upes of development permitted by existing zoning,
vil.
such as one unit per 35 acres, for areas in agricultural zoning. Also,
permitted in this area would be institutional/public uses.
The Comprehensive Open Lands Plan identifies the Mounlain Bell Site as
"approximately half of the property is intended for affordable housing and the
remainder of the site will remain open space." lt is important to nole that the
Comprehensive Open Lands Plan is intended to idenlify and recommend actions
for the protection of sensitive land and open space, not as a guide for
development of other properties.
The High Density Residential designation is described as follows:
The housing in this category would typically consist of multi-floored
structures with densities exceeding 15 dwelling units per buildable acre.
Other activities in this category would include private recreational
facilities, and private parking facilities and institutional / public uses such
as churches, fire stailons and parks and open space facilities.
CRITERIA FOR CHANGING THE LAND USE PLAN
Any amendments to the Land Use Plan require a public process. Adjacent
properties are notified, the Planning and Environmental Commission holds a
public hearing and makes a recommendation to the Town Council on the
proposal. The Town Council adopts the changes by resolution. Any changes to
the Land Use Plan must address the following three criteria:
Criterion 1: How conditions have changed since the plan was adopted
Criterion 2: How the plan is in error
Criterion 3: How the addition, deletion or change to the plan is in concert with the
plan in general
REZONING REQUEST
The Town of Vail Zoning Regulations are intended to:
Promote the coordinated and harmonious development of the Town in a
manner that will conserue and enhance its natural environment and its
established character as a resort and residential mmmunity of high
quality.
In conlrast to the Land Use Plan, which serves as a guide in land use decision
making, the zoning and suMivision regulations are regulatory tools used to
control development for the benefit of the public health, safety and welfare. The
zoning regulalions are specific with regards to development on property,
including density, setbacks, height, etc. Where conflicts exist between the Land
Use Plan and the zoning for a site, existing zoning controls development.
However, in cases where a change in zoning is considered for a site, the land
use designalion and land use objectives as identified in the Land Use Plan are
important considerations in the decision making process.
REZONING CRITERIA
The Town of Vail has eslablished the following crileria in the review of a rezoning
reouesl:
1) Is the existing zoning suitable with the existing land use on the site
and adjacent land uses?2) ls the amendment presenting a convenient workable relationship
with land uses consistent with municipal obiectives?
3) Does the rezoning provide for the growth of an orderly viable
community?4) ls the change consistent with the Land Use PIan?
The applicant is proposing lo rezone the site from Natural Area Preservalion
District to Housing Zone District. The purpose of the Housing Zone District is:
The Housing District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zoning districts. lt is necessary in this
district to provide development standards specifically prescribed for each
development proposal or project to achieve the purposes prescribed in
Section 12-1-2 of this Title and to provide for the public welfare. Certain
nonresidential uses are allowed as conditional uses, which are intended to
be incidental and secondary to the residential uses of the District. The
Housing District is intended to ensure that employee housing permifted in
the District is appropriately located and designed to meet the needs of
residents of Vail, to harmonize with surrounding uses, and to ensure
adequate light, air, open spaces, and other amenities appropriate to the
allowed Wes of uses.
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From:
To:
Date:
Subject:
Mike Vaughan
Allison Ochs; Mike Mcgee; Mike Vaughan
09/06/2001 11:12:21 AM
Mtn bell tower sight....
Okay Allison, Mike and I went over the drawings this a.m. As you suspected, we have issues with the
current proposal.
1. Entrance grade should not exceed 60lo.
2. Parking structure is inaccessible
3. Parking areas shall require lire truck turnaround.
4. There are no staging areas that will meet f.d. standard.
5. The buildings closesl to the frontage road are roughly eighty feet trom pavement. access and staging
areas would be required for these buildings
6. Parking spaces should be 2'l' as apposed to 1 9'.
7. Fire sprinklerlalarml and standpipe systems shall be required in all buildings.
8. Hydrant location and water main size need to be agreed upon.
9. fireflows will be a problem, the current main supplying this area will be challenged should we require
large flows that may be associated with a fire in a project of this size.
t'::-, - r ;
AUGUST 2OO1
All addresses in cdev/allison/00letter/addresses for Selbv
Ted Huskey
Holy Cross Electric, Engineering Dept.
PO Box 972
Avon, CO 81620
Eagle River Water and Sanitation District
846 Forest Rd.
Vail, CO 81657
AT&T Cable Services
9197 S. Peoria St.
Englewood, CO 80112
Public Service
PO Box 430
Minturn, CO 81645
U.S. Forest Service
PO Box 190
Minturn, CO 81645
Eagle County Ambulance District
PO Box 990
Edwards, CO 81632
Vail Recrearion District
700 S. Frontage Rd. East
Vail, CO 81657
Carson Bell
Quest
2524 Blichmann Ave.
Grand Junction CO 61501
TOWN OF VAIL
Depaftment of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
August 30, 2001
Public Service Company
Holy Cross Electric
U.S. West
AT&T Cable Services
To Whom lt May Concern:
U.S. Forest Servrce
Eagle River Water and Sanitation
Vail Recreation District
Eagle County Ambulance
e.
t.
According to the Town of Vail Major Subdivision Regulations, when a request for a major subdivision is
received, the following agencies must be notified of the request.
a. Department of Public Works.
b. Town Fire Department.c. Town Police Departmeni.d. Public Service Company of Colorado.
Holy Cross Electric Association.
U.S. West.
S. Cablevision company serving the areah. National Forest Servrce.i. Eagle River Water and Sanitation District.j. Vail Recreation District.k. Eagle County Ambulance District.l. Other interested agencies when applicable.
Such agencies sirail lre required to make recommendations and comments within fifteen (15) days from
the date of receipt of ncrtification thai the preliminary plan is available for review. Failure to make
recommenciations and/or coinments within the prescribed fifteen (15) day period shall be deemed
approval of the preliminary plan. Plans are available at the office of Community Development between
the hours oi 8 AM to 5 PM.
I have aftached a map of the Mountaiir Beli site, which is the lot to be subdivided. The development plan
is still preliminary, bLrt the current estimate is approximately 190 new housing units. The project is
considered a major subdivision. The Planning and Environmental Commission hearing on the preliminary
plat is scheduled for Sepiember 24,2001, at 2:00 in Council Chambers.
lf ycu have any concern or comments, please call me at 479-2369. I wculd be happy to go over any
plans with ycu.
Allison Ochs, AlCt)
Planner ll
Sincerel
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\-
ORDINANCE NO.26
SERIES O['2001
AN ORDINANCE APPOINTING TIIE VAIL LOCAL IIOUSING AUTHORITV
AS SPECIAL FIDUCIARY AGENT TO IMPLEMENT TIIE MOUNTAIN BELL
PROJECT
WHEREAS, the Town Council of the Town of Vail recognized the need for a housing
authority and by passage ofResolulion 25 Series of 1990, created the Vail Local Flousing
Authority in accordance with Colorado law; and
WtIEREAS, the Town Council of the Town of Vail, acting ex-officio, as the Vail Local
Housing Authority issued a request for proposal for a rental development for employees working
in the Vail Valley and a pcrmanent facility f<rr a child education center; and
. WHEREAS, the request for proposal solicited bids for a developer to design, develop,
build, own (subject to land lease) operate and maintain such pruject; and
WI{EREAS, the Town Council appointed new members of the Vail Local Housing
Authority (VLHA) pursuant t<l colorado law to complete and implement the project; and
WHEREAS, the VLHA is owner representative for the Town of Vail with respect to a
porlion of the Mountain Bell Site owned by rhe 'l'own of Vail; and
WIIEREAS, the VL[{A was asked by the Town of Vail to complete the request fbr
proposal process, select llte developer and negotiate, consummate and manage a Development
Agreement for the project; and
WIIEREAS, thc Vl,llA requires authority from the Town Council to act as the Town's
owner representalive, to complete the f)evelopment Agreement and to implement its terms with
the Developer; and
WIIEREAS, the Development Agreement will provide that the project require approval
by the 'l'own for conformance with all public approvals independent of the other agreements
covered in this Ordinance (PEC, DRB).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO tlpt:
Sectiou l. The Vail l-ocal I{ousing .guthority is hereby appointed as Special
Fiduciary Agent lo:
a. implerneut the terms of the Development Agreement for thc development of the
Prcrject dated August 30,2001, and executed by VLI1A on behalf of the Town;
b.in accordance with the Development Agreement, make, enter into, execute and
perfbrnr on behalf of the Town, the Land Lease and Deed Restriction pursuant to lhe
terms of the Development Agreement and in accordance with the goals of the Town
set forth in the RFP;
Generally, to monitor and enforce, on behalf of the Town, the ongoing compliance of
the Developer under the Development Agreement, trre Land l-ease and the Deed
Restriction.
Sectio'2. The Town council hereby ratifies and approves the Development
Agreement dated August 30, 2001, and executed by VLHA.
Sectitln 3. To provide a process to ensure ongoing compliance and comnrunioation
between VLHA and tlte Town Council regarding any disputes concerning VLHA's special
agency' the Town's review of such performance shall incorporate the following mediation ancl
arbitration process:
lf a dispute arises out of or relates to this Ordinance, and if the clispute caruot be settlecl
through negoliation, the Parties agree first to try in good faith to settle the dispute by non-binding
mediation administered by a mediator mutually sclected by thc Parties prior to resortilg lo
binding arbitration or litigation. In the event the Parties cannot agree upon a mediator, the
mediation shall be adntinistered lluough the American Arbitration Association. Any controversy
or claim arising out ofor relating to this appointment as special agent, which cannot be resolved
by the albresaid rucdiation shall be scltled by binding arbitration adrninistered by tlre American
Arbitration Association under its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) rnay be entered in any court havingjurisdiction thereot. lfa dispute
arises prior to completion of the Project, to the extent practicable the work shall continue
unabated while the dispute is being resolved.
Section 4. If any part, section, subsection, senlence, clause or phrase of this
ordinance is tbr any reason held to be invalid, such decision shall not afl'ect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed tltis otdinartcc, aud cach part, scction, subsectiuu, seutsucc, cluuse or plrrasc thcrcofl
regardless of the fact that any one or more parts, seclions, subsections, sentences, clauses or
plrrases bc dcr:larcd invalid.
Section 5' The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail as providecl in this ordinance shall not affbct any right
which has accrued, any duty imposed, any violation that occured prior to the effective date
hereofl any prosecution cornmenced, nor any other action or proceedings as commenced under or
by virtue of the provision repealed or repealed and reenacted. 'l'he repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretotbre
repealed.
IN'IRODUCED, READ, APPROVED, AND ORDEITED PUBLISIII]D ONCE IN FULL
ON FIRST READING this 4th day of September, 2001, at 7:00 p.m. in the Council Chambers of
ATTEST:
I{EAD AND APPROVED ON SECOND IIEADING AND OI{DEITED PUBLISHED
this lSth day of September,200l,
I DEVELOPMENT AGREBMENT
(Leasehold Improvements)
MOI]NTAIN BELL SITE
ENT AGREEMENT ("@") is made and entered into tlis
2001, by and between TowN or VAIL LocAL HousrNc
AUTHoRITY, a Col&ado statutory housing autbority ("][,HA'), and Coucm.nl & CoMPANY,
INc., a Colorado corporation, or its permitted assigns ( Dgl3lgegfl. The aforesaid parties to this
Agreement are collectively referred to herein from time to time as "@."
RECITALS
WHEREAS, VLHA is cunently an OwnerRepresentative for the Town of Vail C'IQIf),
the present owner of a parcel of real property located in Vail, Eagle County, Colorado, which
parcel is legally described on Exhibit '4" attached hereto and incorporated herein by this
reference ("PsppCrt[f ) ; and
WHEREAS, VLHA intends to either acquire fee ownership of the Property from TOV or
altematively continue in its role as Owner Representative to TOV, in eitler case for the purpose
of negotiating, consummating and monitoring an agreement for the development of the Property
into a multi-family rental housing development with rents that are intended to be affordable to
certain income levels of residents within the local communigr, plus support facilities, parking,
certain amenities and a day care center ("fuig!'); and
WHEREAS, during early srunm€r of 2001, VLHA issued a Request for Proposals
C'R-FP') to potentially interested developers to develop the Project generally in accordance with
the goals, objectives and specificafions as outlined in the RFP; and
\ryHEREAS, Developer was one of several developers who submitted a response to the
RFP, and Developer was subsequently chosen by VLHA to negotiate in good faith for an
arrangement under which Developer would be allowed to develop, own and operate the Project
subject to a long term land lease of the Property from or through VLHA; and
WHEREAS, VLHA has recently entered into a letter of understanding C'LQII) with
Developer outlining the general terms under which the Parties might reach agreement for
Developer to so develop the Project, which LOU, although non-binding as to either party, is
intended to generally frame the arrangements under which a more definitive agreement would be
forthcoming, supplemental to the RFP and subject to other mutually agreed terrns and provisions
as set forth herein; and
WHEREAS, Developer desires to enter into one or more definitive agreements with
VLHA to allow Developer to lease the Property and to develop, own and operate the Project
thereon for the term ofthe land lease: and
8-30FinalVLH
WHEREAS, VLHA is willing to enter into one or more definitive agreements to allow
Developer to lease the Property and develop the Project thereon, subject to the terms and
provisions of this Agreement; now therefore
FOR TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE
CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged by the
Parties, and in consideration of the mutual covenants and promises herein contained, the Parties
agrce as follows:
AGREEMENT
1. DEFINITIONS:
Agreement: This Development Agreement.
Land Lease: That certain long-term land lease to be entered into by Developer as
Lessee, with VLHA as Lessor, or as Owner Representative for TOV as Lessor, as the
case may be, whereunder Developer shall be allowed to develop the Project thereon,
expressly subject to the terms and provisions of this Agreement and said Land Lease.
c. Core and Shell: Core and Shell: Shall mean and refer to the materials, labor,
equipment, supervision, and other items necessary to reach final completion for a
4,800 GSF structure and all associated Sitework (defrned below) up to and including
the limits of the pad ready site. Final completion of this structure shall be to
standards of the industy, and will specifically include, but not be limited to all
substructure, superstructure, exterior skin, roof necessary to complete the building
envelope, plus Finishes, Mechanical and Electrical scope defined below, as follows:
(i) Sitework Shall mean and refer to all work described in the Construction
Specification Institute's Division Two - Sitework and shown on the Project Plans
as within the limits of the pad-ready site.
(ii) Finishes: Shall mean and refer to all material, labor, equipment, supervision and
other items required to completely finish the exterior of the building per the
Project Plan standards for every other building on the site, as well as provide a
broom-finished concrete slab-on-grade floor with concrete sealer, exposed
structure at the ceiling, and the vapor barrier over the warm side of insulation at
exterior walls.
(iii)Mechanical: Shall mean and refer to all material, labor, equipmenl supervision
and other items required to provide a complete and operable IIVAC system with
four points of control, and plumbing stubbed up 0'-6" above top of concrele
where required by the tenant. Fire sprinkler system shall also be provided per
code minimums for Core and Shell design, with adequate capacity to
accommodate Final Certificate of Occupancy as required per the tenant's final
design.
2
8-30FinalVLH
b.
I
e.
(iv)Electrical: Shall mean and refer to all material, labor, equipment, supervision and
other items required to provide power to the above Mechanical work per code,
plus a Main Distribution Center and two (2) subpanels within the building per
Core and Shell Design, with locations and adequate capacity to accommodate the
electrical demand and desip as reasonably required by the tenant, and an
underground continuous, dry, empty two-inch (2') PVC conduit from the
telephone pedestal into the building and stubbed up to 0'-6" above the top of
concrete floor. Fire alarm system shall also be provided per code minimums per
Core and Shell desigq with adequate capacity to accommodate the Final
Certificate of Occupancy as required by the tenant's final design.
Distributable Cash: Gross collected revenues from any and all Project related sources
(except for the initial debt and equity capitalization required to implement the Project
Program), less: i) Project Operating Expenses, including accrued expenses and
unreimbursed pre-paid expenses for negative cash flow support for the previous
yearG); ii) Debt service payments required for the Original Debt; (iii) Debt service
payments required for debt incurred in the normal course of business operations
except for operating deficit funding which is not included; (iv) A refinance of the
Original Debt, so long as such refinance either reduces the debt service paymeNrt
amounts when fully amortized within the term allowed herein for Project Financing,
or quickens tle commencement of VLHA's share of Distributable Cash as further
described herein; (v) Deposits to all Reserves for Replacement and any other reserve
accounts mutually agreed by the Parties as deductions under this paragraph; (vi)
Capital Expenditures (if funded outside of any Reserves for replacement); (vii) Any
payments to low income housing tax credit ('LIHTC') purchasers invested in the
Project to cover any of their required "exit" taxes at the end of the LIHTC lS-year
compliance period, if any (viii) Ongoing legal, audit and accounting fees and costs
paid to third parties unrelated to Developer as required outside of standard
mirnagement practices; and (ix) Y, %o of Gross Collected Revenues from Operations as
a Development Rights Fee paid to \ILHA.
First Costs: Shall mean and refer to all costs expended or incurred in order to
develop, construct, equip and lease-up the Project, including all site, infrastucture,
utility, approval, desiqn, development and construction costs, whether the costs are
hard, soft, direct and indirect, and as set forth in the Project Budget for the approval,
financing, development, constuction, equipping and initial leasing of the Project
Gross Collected Revenues From Operations: Shall mean and refer to all receipts
received from the operation of the Project by the Project Manager, exclusive of the
proceeds ofProject Financing, re-financing or any other allowed financing or sale of
the Project.
Material or Materiallv: Once the final Project Program, the contract with the Project
Architect and the contract with the Project Contractor have been approved by WHA
8-30FinalVLH
l.
as herein provided, Developer shall only be required to seek VLHA's approval to any
modifi cations thereo{, if:
(r) The total First Costs to complete the Project is increased ;
(iD The proposed closing date set forth in the Project Schedule for the Project
Financing is delayed more than a cumulative period of four (4) weeks, or the
proposed completion date for the construction ofthe Project as set forth in the
Project Schedule is delayed by more than a cumulative period of rwo (2)
months. Notrvithstanding the foregoing provisions, any delay in the scheduled
occupancy date of the dwelling units constructed within a particular phase of the
Project, as set forth in the Project Schedule, which would cause the occupancy
of any units .in such phase to occur later than the immediately following
November 15ff shall require the prior wriuen permission of VLHA; or
(iii) The Project Plans for the exterior of the Project, the quality of the exterior
materials, or the ratio of the usage of exterior materials, are proposed to be
changed to such a degree as would require the TOV's Desip Review Board
approval.
Orisinal DebI The amount of Project Financing incurred to construct, equip, lease-
up and hold the Project pursuant to the Project Proformg the term of which shall not
exceed the 45tn year from and after the Conversion Date (defined in Section 2.b.ii
hereinafter).
Proiect: The Project shall mean and refer to a deed restricted, multi-family residential
rental development located upon the Property and subject to the Land Lease,
consisting of an approved number and mix of residential rental dwelling units wherein
an approved number of the dwelling units shall be restricted to qualified occupants
and qualified rents and wherein the overall rents and rental increases shall be
contained, or provided for, in the Deed Restrictions set forth herein. Said Project
shall also include related support infrastructure, utilities, associated facilities and
amenities, parking and a day care center Ers more particularly described in the Project
Plans and otherwise reasonably inferred therefrom.
Project Archiiect Shall mean and refer to O'Dell Architects of Evergreen, Colorado.
hoject Budset The budget to be attached hereto as Exhibit '8" upon VLHA
approval as described hereiq which shall include: (i) a detailed, line-item "Sources
and Uses of Cash" schedule setting forth good faith estimates of projected line-item
receipts and disbursements for the development period, projected on a monthly basis,
from execution of the Land Lease through lease-up of the Project, together with
justified totals; plus (ii) a five percent (5%) contingency within the hoject Budget, the
utilization of which, except for matters outside of the direct and reasonable control of
Developer and/or distributions of any remaining balance in this line item that shall be
distributed to Developer, all of which distributed amounts shall be applied in order to
4
J'
k.
8-30FinalVLH
I hasten the commencement of payments to WHA of Distributable Cash pursuant to
the sharing formulas set forth in Section l.r below, shall require: (1) prior written
notice to VLHA, (2) a written explanation of the reason for the utilization, and (3) a
right in VLHA to object lo its use if in VLHA's reasonable opinion, the utilization is
not commercially reasonable, or is not consistent with the goals and objectives of the
Project ( if the Parties thereafter disagree as to its utilization, then the Mediation &
Arbitration provisions of Section 14 of this Agreement shall apply); plus (iii) a
projected proforma ("P:qjgg_Proforma") for the Project upon completion and for at
least twenty years of operations, which proforma shall include unit mix, rental rates
and projected rental increases, a detailed, line-item breakdown of all revenues and
expenses received or incurred, showing and noting all cash and accrual items, in the
operation of ttre Project, all debt service expenditures, all capital expenses, all
Reserves and other items normally set forth and detailed in such operating proformas
within the multi-family professional management industry for similar projects, GAAP
compliant, as such budget may be thereafter amended from time to time pursuant to
this Agreement.
l. Project Contractor: Shall mean and refer to Shaw Construction of Denver & Grand
Junction, Colorado.
m. Pro.iect Financing: Debt Financing, whether interim, permanent or both, pursuant to
the Project Proforma that, when combined with Developer's capital contributions,
equity and any advances made toward the Project, is sufficient to construct and equip
the Project consistent with the Project Program.
n. Properqr Manaeer: Shall mean and refer to Coughlin Property Management LLC of
Denver, Colorado.
o. Proiect Operatine Expenses: Shall mean and refer to such expenses as are proposed
for inclusion by Developer as a part of its Project Proforma" and includable to the
extent that such expenses are congment with the highest industy standards for
similarly situated projects as may by published by, or otherwise available from, the
Institute for Real Estate Management.
p. Project Plans: The final, complete, unambigrous and detailed plans and
specifications for the Project to be prepared by O'Dell Architects, clearly identifuing
the limits of the CED site, together with their consultants, and approved by WHA. A
preliminary conceptual set of plans, together with outline specifications, showing
basic site plan, floor plans, elevations and perspectives, shall be attached hereto as
Exhibit "C" and incorporated herein by this reference.
q. Project Proeram: The overall plan for the Project reflecting the stage of development
at the time of the applicable submission to WHA by Developer, inclusive of the
Project Budget, Project Plans and Project Schedule, together with a schedule of the
Project team and responsibility allocations, and a narrative description ofthe planned
progam for development, ownership and operation. The Project Program, as
5
8-30FinalVLH
t
t.
submitted to and approved pursuant to this Agreement by \{LIIA and the construction
lender, shall be the final Project Program forpurposes hereof.
Proiect Schedule: The planning, development, approval, financing, construction,
lease-up and operating schedule for the Project to be attached hereto as Exhibit "D"
upon VLHA approval as described herein, as it may be amended from time to time
pursuant to this Agreement. The Project Schedule shall reflect continuous activity on
the Property from the date ofissuance ofthe Notice to Proceed for construction until
the final completion of the Project.
Propertv: The real prcperly to be subject to the Land Lease, as described on Exhibit
"A," attached hereto.
Sharine Formula: Within sixU (60) days after the end of each calendar year,
Developer shall calculate the annual internal rate of return C'IRR') of the Project for
the previous year. Assuming that Developer has utilized a low incorne housing tax
credit ("LIHTC) program to finance the Project, if the Distributable Cash distnbuted
to Developer, results in a cumulative annual IRR of 20%o* as of such time, the,n
VLHA shall share in each dollar of remaining Distributable Cash that year, and in all
subsequent years from the first dollar of Distributable Cash, in a ratio that reflects the
following allocations:
Cash Distributed
First $200,000
Next $150,000
Next $100,000
Next $100,000
Next $100,000
Thereafter
Developer
t00%
9V/o
$V/o
7V/o
6V/o
50o/o
VLHA
U/o
lV/o
2tr/o
30%
4U/o
5V/o
The foregoing sharing allocation assumes an initial investment of $1,250,000.00. If the
initial equity investment is greater than $1,250,000, then the sharing allocation will adjust
so that the percentage increase in equity shall be reflected in the same percentage increase
in the various thresholds for each bracket of the Sharing Formula. Certified copies of
Developer's calculation of VLHA's sharing allocation shall be delivered to VLI{A within
ten (10) business days from the date of such calculation, following which VLHA shall
have ten (10) days thereafter to review and object to such calculation, which objection
shall only be allowed if the differential between VLHA's calculation and that of the
Developer is greater than five percent (57o). In the event oftimely objection, the Parties
shall attempt to reach a mutually agreeable resolution of the differences. If no mutually
agreed resolution is reached between the Parties within fifteen (15) days from and after
the date allowed for the objection, then the Parties shall proceed under the provisions of
Section 14 of this Agreement regarding Mediation & Arbitration. If timely objection is
not made by VLHA as herein provided, then the Developer's calculations shall be binding
upon tle Parties.
&3OFinalVLH
I *In the event an LIHTC program is not used in the Project, the IRR threshold prior to
sharing with WHA as abovJshall increase to a minimum of 22Yo, but in no event shall
"r"""d25o/o,as
such increase shall be mutually agreed upon by the Parties.
DEVELOPER'S DUTIES: Developer shall timely implement the Project Program and
@accordancewiththetermsofthisAgreement.lndoingso,
Developer s-hall perform the specific duties set forth in this Agreement, together with
such other duties as u." ."uronubly inferable from those that are specifically enumerated
and within industry standards. In carrying out its duties under this Agreement, Developer
shall use diligenf skill and care, and shall apply its reasonable business judgment'
Developet's duties to VLHA in developing the Project shall include the following
activities:
a. On or before September 4,2OOl, Developer shall prepare and submit to VLHA for
VLHA's upproual a current Project Program. The Project Program shall specifically
address thi results of the market study that is cunently underway, contracted for by
y1HA with the Housing Collaborative to address the demand parameters for tle
number, mix, size and rent levels of dwelling units in the Project, the results of which
shall be supplied to Developer by vLHA by August 31, 2001 (the "@!-stuc!y').
It shall not be reasonable for VLHA to disapprove of the Project Program if
Developer has met the goals of the TOV and VLHA as set forth in the RFP
(excluding "suggested Rents" and "Project Completion Date" as defined therein), are
ieasonably conJiitent with Developer's previous submittals in response to the RFP, as
mutually agreed in light of the-Market Study, and has proposed several viable
financing oltion that meet the goals set forth in the RFP, as mutually agreed in light
of the Vartet Study. Upon WHA'S review and approval of the initial Project
program, such Projict Program shall be incorporated herein and attached hereto as
exniUits. The Project Program shall be further updated as needed or reasonably
requested by WHA. Developer shall be principally responsible,for-implementing the
Project Program an4 in doing so, shall use its best and diligent efforts in
imilementing the Project Program and in managing the Project's progress to
accomplish the time, cos! desigrr and quality goals set forth in the Project Program. If
y1HA- does not approve the initial Project Program and the Parties cannot reach
mutual agreement as to an acceptable initial Project Program on or before
Septembei 14,2}OL,VLHA shall be entitled to terminate this Agreement via written
noiice of termination within thirty (30) days thereafter, in which event \1LHA shall
pay to Developer the sum of $25,000 and shall simultaneously receive from
beveloper an assignment of all ownership rights in and to the hoject Program,
inclusive of the Project Budget, the Project Plans and the Project Schedule and all
otber documents, plans, proformas, schedules, agreements, approvalS, notes, budgetS,
rights, interests and related information in Developer's possession relating to the
hoject in the following formats: all drawings and plans in Auto-Cad version #14 or
betteq all spreadsheets in Microsoft Excel version 97 or better; all narrative
information, including specifications, in Microsoft Word, version 97 or betteq all
such formats fully accessible (collectively, "Prqiec!-Work--Produc!'), with an
understanding that ownership of theTroject Plans shall be exclusively in VLHA.
8-30FinalVLH
Following said payment and assignments, neitler party shall have any further
obligation to the other regarding this Agreement or the Project. If no such termination
is timely noticed, then the initial Project Program as submitted by Developer shall be
deemed accepted and this Agreement shall remain in full force and effect.
b. On or before October 31, 2001 Developer and TOV or \ILHA, as the case may be,
shall enter into and agree to perform the Land Lease. The Land Lease shall be
prepared by VLHA and submitted to Developer on or before September 7, 2001, and
Developer shall; provide its comments thereto by the end of business on
September 10, 2001. Both versions shall be in both hard copy and electronic format,
using Word, version '97 or better, and revisions thereto shall include both a "red-
lined" and a "clean" version. The terms of the Land Lease shall be generally
consistent with industry standards for such long-term land leases for similar properties
to the Project but, notwithstanding any other provisions to the contrary, containing at
least the following provisions:
t.The Land Lease shall be structured so that fee title to the Property will not be at
risk in any manner to the Project or to any debt or equity funding regarding the
Project, including the Project Financing, and VLHA or TOV, as the case may
be, shall be allowed to post notices of non-liability of Land Lessor as provided
by state statutes. Should the terms of the Project Financing require any form of
pledge of the fee interest, Developer expressly acknowledges that neither VLHA
or TOV is required to approve such pledge, but VLHA and TOV agree to review
the terms of such pledge in conjunction with other and further undertakings of
Developer to mitigate the risk of such added pledge with a view, but without an
obligation, to attempt to become satisfied that the additional mitigation of
Developer may offset the risk of the proposed pledge.
The term ofthe Land Lease shall be in two (2) phases. The first phase shall
cornmence on November 1, 2001 and shall run tbrough the closing of the
construction financing and until a reasonably mutually agreed conversion date
(e.g.; the date that the Project Financing begins to amortize) set forth in the
construction frnancing documents ("ConvefSion Date'). The second phase of
the Land Lease shall commence upon the Conversion Date and run for a term of
fifty (50) years thereafter. Notwithstanding the foregoing, if the Developer has
not closed the construction financing for the Project on or before October3l,
2003, then the Land Lease shall be immediately terminable by VLHA in its sole
election and upon notice provided to Developer within thirty (30) days
thereafter. To the extent that the failure to close the construction financing was
due to delays that were caused by the action or inaction of VLHA or TOV
(beyond a twelve (12) month period for the normal public approval process for
the Project by TOV unless and to the extent that said approval process is
delayed at the instance of the Developer), then Developer shall be entitled upon
such termination, to reimbursement from VLHA of its agreed or adjudicated
proportionate share of documented third-party costs incured to pursue the
Project to that date, calculated as a fraction of a maximum amount of $250,000.
ll.
8-30FinalVlH
o By way of example only, if VLHA agreed that it and TOV were responsible for
a proportionate share of the delays equal to ten percent (10%), then their
collective share ofthe costs incurred by Developer hereunder would be $25,000,
or l0o/o of the maximum amount of $250,000. If the Parties cannot reasonably
agree on an allocation of responsibility within said cap amount that is caused by
VLHA or TOV regarding delay(s) that prevented the timely closing of the
construction financing hereunder, then the Parties agree to submit such dispute
to binding arbitration pursuant to the American fubitration Association
commercial arbitration rules then appertaining. If a payment is required of
VLHA under this paragraph, then \ILHA shall be entitled to simultaneously
receive a full and complete assignment, including exclusive ownership rights
thereto, of the Project Work Product.
Upon the expiration ofthe Land Lease, the Project and all inclusions, personal
property (tangible and intangible), trademarks and service marks, fumiture,
fixtures and equipment and other appurtenances owned by Developer or used in
connection with the operation of the Project C lpject Inclusions') shall revert to
and become the sole property of VLHA, all in a condition that meets the
standards of CHFA, FHA or other tlird parties having a right and standing to
review the condition of the Project, given the age of the Project at such time,
and free ofany and all debt or other encumbrances.
The Land Lease shall be an absolute net lease, meaning that all payments and
otber obligations or liabilities of any nature or kind whatsoever regarding the
Property or Project shall be the responsibility of Developer and not the
responsibility of WHA or TOV. Developer shall provide a full and complete
indemnity satisfactory to VLHA and TOV against and from any claims of third
parties regarding obligations or liabilities in any manner relating to the Property
or the hoject during the term of the Land Lease.
Rental payments under the Land Lease shall consist of the following:
(l) Base Rent of One Dollar ($1.00) per yezr, due each year upon the
anniversary date ofthe Land Lease; plus
(2) Additional Rent payments to VLHA each year on the anniversary date of
the Land Lease of Distributable Cash in accordance with the Sharing Formula;
plus
(3) The Development Rigbts Fee equal to y2%of Gross Collected Revenues
From Operations, paid monthly.
lll.
iv.
vi. Early Buy-out options under which VLHA shall be entitled to purchase the
Developer's interest in the Land Lease, including all Project Inclusions, as
follows:
8-30FinalVLH
(l) At the end ofthe 45s year ofthe second phase ofthe Land Lease, for a
price equal to-the.preater ofthe initial investor equity in the project or three (3)
times the said 45' year's Distributable cash to Developer, frei of any and alldebt or other encumbrances, which price, in any event, shall r€present a
projected IRR to wHA that is at least 20%o on the buy-back io:n"rmr"or,
assuming that the curreDt year's Distributable casb, after beducting any frsi
mortgage payments, continues through the 50ft year without changi. VLHA
shall give Developer twelve (12) months prior written notice of its inrent to
exercise the foregoing option. Developer does not guarantee the performance of
the Project following its retum to, or buy-out from, VLHA
@ A tuyout ofthe Land Lease at the end ofthe 30th year ofthe second
phase of the Land Lease, subject to all existing and previously agreed debt
obligations and at a price that reflects (i) an IRR to Developer
"qu"l to o"
cumulative IRR calculated as of the end of the previous calendar year plus five
(5) points. In no event, however, will the buy-out price be less than thj amount
required to glve Developer a cumulative IRR of tweNrty-two percent eTo/o).wHA shall give Developer twelve (12) months prior written notice of its intent
to exercise the foregoing option. wHA acknowledges that zuch transfer shall
be subject to tle approval ofthe Project lender, and that Developer shall not be
in defaulr of this option if the lender refuses to permit such trans r. Developer t
shall include a request for prior approval ofthis buy-out arrangement from its It
Project lender as a part ofDeveloper's application for project Financing.
The amount remaining in any agreed replacemant reserye funds shall revert to \rI,HA
upon expiration or earlier termination of the Land Lease. All other agreed neserve
funds shall be distributed to Developer and wHA in accordance with,;d as a part
of, the Sharing Formula.
If the Parties cannot reach mutual agreement as to the remaining terms of the Land
Lease on or before the end ofbusiness on September 14, 2001, then either party shall
be entitled to terrninate this Agreement via written notice to the other within ren (10)
days thereafter, in which event \IL}IA shall be entitled, but not required, to pgrcnase
from Developer all ownership rights to the project work product for the, sum of$25,000. vLHA's obligations under this Agreement shall cease upon zuch
termination, and Developer's obligations under this Agreement shall cease upon the
later of: (i) the termination of this Agreement; or (ii) in the event wHA elects to
purchase the Project work Product via written notice to Developer within 6e 11g;
days after such termination along with tender of paymen! then upon receip by VLHA
of the Project work Product and its assignment in exchangJ for the payment of
$25,000 by VLHA to Developer as aforesaid
on or before september 7 , 20ol , \ILHA shall submit to Developer the form of Master
Deed Restriction or similar instrument ("Deed Reslnslig!) and Developer shall
provide its comments thereto by the end of business on september le 20b1. Both
versions shall be in both hard copy and electronic format, using word, version '97 or
l0
8-30FinalVLH
I better, and revisions thereto shall include both a "redlined" and a "clean" version.
The Deed Restriction prepared by VLHA shall set forth the proposed restrictions
applicable to the Property and the Project, which Deed Restriction, when completed,
shall be recorded against the Project and shall be binding upon the title to same. The
terms of the Deed Restriction shall be consistent with the Project Program, and shall
include restrictions, or a methodology for determining such restictions, on the
qualified rents and qualified occupants of the agreed restricted dwelling units, and
restrictions, or a methodology for determining such restrictions, on rental increases on
all dwelling units. Notwithstanding the foregoing, the Deed Restriction shall allow
Developer to annually increase the market rate rents charged in the Project (the
"@) equal to the greater of (i) the percentage increase
in rent levels charged by the Colorado Housing and Finance Authority ("C[IFA'), or
(ii) two percent (zyo). In addition to the Minimum Market Rent Increase, if
Developer's cash-on-cash return does not reach a cumulative twelve petcent (127l
per annum by the fiffl (5fi ) year of operations, Developer can implement additional
annual rental rate increases on the market rate units equal to two times (2x) the
applicable Minimum Market Rent Increase (the "@
Increase'). ln this latter instance, for example, if the Minimum Market Rent Increase
is two percent (2o/o) in a given year, the Supplemental Market Rent Increase for such
year could be four percent (4%o), for a total annual rent increase of four percent @%).
The ability of Developer to charge the Supplemental Market Rent Increase would
remain in effect until the annual cash-on-cash retum to Developer reaches a
cumulative twelve percent (12%).
The specific restrictions required by TOV and VLHA shall be incorporated into the
Deed Restriction, and the remaining terms of the Deed Restriction, excqlt as to what
may be required for Project Financing as supplemental thereto, shall be finalized prior
to September 14, 2001. The supplemental restrictions required of the Project
Financing shall also be incorporated into the Deed Restriction if and where required
and the Deed Restriction shall be frnally executed and recorded on or before the
closing of the construction financing. The administrator and a beneficiary of the Deed
Restriction shall be WHA.
If the Parties cannot agree to the form of the Deed Restriction on or before the end of
business on September 14,2001, then eitherparty shall be entitled to temrinate this
Agreement via written notice to the other within ten (10) days thereafter, in which
event VLHA shall be entitled, but not required, to purchase from Developer all
ownership rights to the Project Work Product for the sum of $25,000. VLHA's
obligations under this Agreement shall cease upon such termination, and Developer's
obligations under this Agreement shall cease upon the later of, (i) the termination of
this Agreement; or (ii) in the event VLHA elects to purchase the Project Work
Product via written notice to Developer within ten (10) days after such termination
along with tender of payment, then upon receipt by WHA of the Project Work
Product and its assignment in exchange for the payment of $25,000 by WHA to
Developer as aforesaid.
8-30FinalVLH
ll
Demolish and remove the existing child Education center ("cEc') buildings that are
located on the Property at Developer's cost, and construct the core and shell for a
new approximate 4,800 square foot CEC in a separate building on a pad ready site per
standards of the industy, located on the Property per the Project Plans as a part of the
Project, plus associated parking, landscaping, playground and support areas, together
with a $50.00 per square foot tenant finish allowance, and inclusive of Basic Services
from the Project Architect along with payment of related desigrr fees and associated
reimbursables. All cost savings below $1,000,000 for the Core & Shell, plus the
tenant finish allowance, shall be paid to VLHA. Developer shall affirmatively
coordinate with the CEC contractor regarding the scheduling of the infrastucture,
utilities, constnrction and tenant finish of the CEC. No demolition or other activity
disruptive to the operation of the existing CEC shall commence until the elesing of
the construction financing for the Project; provided, however, that Developer shall be
allowed reasonable access to the cEC for inspection and non-disruptive testing
pulposes prior to commencing any such physically disruptive activity. The CEC
property, improvements and appurtenants ("CEC Property") shall be sub-leased by
Developer to the TOV purmant to a sublease in forrn and content reasonably
satisfactory to TOV, and specifically providing for a payment of rent of no more th"n
one dollar ($1.00) per year under a triple net lease structure for the entire term ofthe
Land Lease, and TOV shall be specifically allowed to further sub-lease the CEC
Property to a sub-lessee ofif choosi.g.t
In accordance with the Project Schedule, submit to WHA in both hard and electronic
format for timely review and approval (exclusive of the fee stnrcture thereof),
proposed contracts with the Project Architect and the Project Contractor for
consistency with the Project Program, and the contract with the Property Manager for
consistency with industry standards and the Project Program. Following approval of
said contracts, submit for VLHA review and approval any and all Material
amendments, modifications or change orders regarding such contracts.
Notwithstanding the foregoing even if a change order is not Material, Developer sball
submit the same to VLHA for review and comment, and shall use cornmercially
reasonable efforts to address any concems of tr'I-HA.
Retain, using the following selection process for (i) any contract relating to the initial
construction ofthe Project in excess of$125,000.00, or (ii) for any contract relating to
the ongoing operations of the project in excess of $50,000.00 per annum, or (iii) any
contract (excluding those contracts described in Section 5 hereof) entered into b,y
Developer with an affiliate entity (collectively "Mqipleqntracts'), such other sub
contactors and other service (excluding professional service contracts), material
and/or labor providers deemed necessary and advisable by Developer, consistent with
the Project Budget, to implement the Project, including without limitation, the
planning, development construction, management, holding, operation, and leasing of
the Project consistent with the Project Program:
(D Developer shall, if possible, secure a minimum of tbree (3) responsible quotes
for each Major Contact;
t2
8-30FinalVLH
I (iD Provide an analysis of the compefing quotes using sound business principles
consistent with industry practice; and
(iii) Make a recommendation as to the prefened bidder, taking into account the best
interests of the Project Program.
Such recommended bidder shall be selected by Developer following consultation with
VLHA as may be requested by WHA from time to time during the selection process.
Developer shall provide copies VLHA with copies of such Major Confracts.
Obtain reasonable and appropriate cost guarantees and protectiorl in a form
acceptabld to VLHA, against non-performance of the Major Contracts, at least to the
extent required by the Project Financing.
Secure all necessary govemmental approvals and permits for zoning, subdivision as
appropriate, design, construction, ownership, leasi.g and management of the Project
from TOV and otherwise as required in the premises and in accordance with the
Project Program, including LEEDS certification approvals, and comply with all such
p,,,blic upptoval requirements including by way of example and not by way of
iimitation the requirement for any acceleration/deceleration lanes. In this regard,
Developer shall negotiate with required Federal, State, County, Municipal entities,
with private and public utility providers and others as required for the aforementioned
Project approvals and permits, together with the provision of police, fire, utility and
othir necessary services to the Project, consistent with the Project Program. In this
regard, Developer welcomes public meetings and public input, and agrees to attend
and participate in such meetings as are reasonably requested by WHA or otherwise
required by the local public approval process.
Pursue and secure Project Financing consistent witl the Project Program, as
reasonably determined by Developer in accordance with Section 2-a above.
Arrange, direct, and manag€ the performance of all development and construction
work, including the fumishing of all labor, materials, and equipment necessary to
accomplish: i) finished site development, including grading, installation of utility
trunk lines, access ways, curbs, gutters, sidewalks and other on-site and oflsite
improvements as may be required for any Project approvals and consistent with the
Project Program, and, ii) the construction, equipping and fumishing of the pspining
hoject improvements consistent with the hoject Program-
k. Prepare and administer expense, desip and construction draws ("@iepl-Elpense
Dryq") as provided hereinafter.
l. Market and complete the leasing of the dwelling units, including formulation of
advertising and other promotional activities in accordance with the Project Program.
m. Assure the timely and professional management of the ongoing operation of the
Project during and following lease-up, pursuant to the terms of the approved contract
13
8-30FinglVLH
l.
J.
with the Property Manager, a copy of which contact shall be delivered to \I|HA'
including timely and complet,e periodic reports to WHA regarding operating and
financial results as herein required.
n. Upon and as directed by WH,\ file for record in the real estate records for Eagle
County, Colorado such Condominium documentation" including Condominium
Declaratior5 Condominium Map and other documents ("collectively, "Constituent
Documents") created by WHA and as required by the Colorado Common Interest
Ownership Act ('Act') to create a Leasehold Condominium Regime under the Act,
which Constituent Documents shall be prepared and paid for by \/LHA for the
purpose of preserving the rigbt to allow for the possible sale of indi-vidual dwelling
units as condominium units to VLHA qualified buyers in the future; provided,
however, that such Constituent Documents shall be created in a manner as allowed
by, or otherwise subordinate to, the hoject Financing and the creation thereof shall
not increase the real propeny taxes prior to the activation of the regime by WHA.
The creation of such a condominium regime shall be on such terms as desired and
directed by WHA and shall not create any rights in the Developer to activate said
regime or otherwise to sell individual condominium units without the prior written
consent to such activity by WHA in its sole and exclusive discretion. To the extent
y;HA exercises its rigbts under this subParagrap\ it shall be responsible for all
increases in costs to the Project Budget incurred by such action, including and but not
limited to all costs for Condominium document preparation, recording, and increases
in property taxes in PerPetuitY.
o. Implement the final hoject Progranl as amended and updated with any Material
changes reviewed for approval by VLHA, and do such other things and take such
other actions as may be necessary or advisable in Developer's commercially
reasonable opinion, consistent with the Project Program.
VLIIA'S RESPONSIBILITIES: VLHA shall be responsible for the following,
consistent with the approved Project Program:
a. Review and, to the extent consistent with this Agreemen! approval of the final
Project Program, including the Project Budge! Project Plans and Project Schedule,
and as they may be Materially updated thereafter from time to time. If a Material
modification of the final Project Program or any component of it is not approved by
VLHA, then the Project Program then in place shall control. If no Project Program is
currently approved, Developer shall cease work until such time as the Parties
mutually approve a Project Program.
b. Prepare and submit to Developer the Land Lease for review and approval by the
required deadline herein, which approval shall not be unreasonably withheld'
conditioned or delayed by Developer to the extent that it is consistent with this
Agreement and the Project Program.
&30FinalVLH
t4
I Prepare and submit to Developer the Deed Restriction for review and approval by the
.equireO deadline herein, which approval shall not be unreasonably withheld,
conditioned or delayed by Developer to the extent tlat it is consistent with this
Agreement and the Project Program.
Provide leasehold title to the Property subject to the terms of the Land Lease, the
Deed Restriction and this Agreement, and subject to compliance with lhe Project
Program.
Review and approval of the contracts with the Project Architecg the Project
Contractor, and all Material amendments or change orders thereto.
Secure a waiver for Developer from TOV plan review fees, and from sales and use
taxes.
g. The Parties agree to cooperate witl each other in any way reasonably requested by the
other regarding the Project Program, its approval and implementation, including but
not limiied tq obtaining and complying with all planning and zoning approvals,
building permits, financing for the Projecl writing letters of supPort for, or
explanations regarding, the Project, or otherwise as each Party may request from time
to time of the other. VLHA shall also work in good faith with Developer to modiff
the terms and conditions of the Agreement if the lender or proposed lender requires a
modification that is not Material; provided, however, that such modification does not
change the basic requirements of this Agreement, the Deed Restriction or the Land
Lease unless approved in writing by VLHA in its sole discretion.
LIMITATIONS: The following limitations shall apply to the authority of the Parties
under this Agreement:
a. Wherever in this Agreement either Party has the right to review and approve a
submission by the other Parly, the Party with such approval rights shall not
unreasonably withhold, condition or delay its approval to the extent consistent with
the approved Project Program. Such Party shall have seven (7) business days to
review and approve the submission or resubmission of an item previously
disapproved, with the aid of experts retained by such Party if so desired. If the
approving Party disapproves of the particular submission, then it shall deliver to the
other Party a reasonably detailed written explanation of the reilions for such
disapproval. If the approving Party fails to approve or disapprove of the particular
submission within such seven (7) business day period, the particular submission shall
be deemed approved without further action by either Party. If no resolution can tle
reached votuntarily between the Parties within ten (10) days following notice of
disapproval, then the disagreement shall be subject to the provisions of Section 14 of
this Agreement regarding Mediation & Arbitation.
b. The Project Program, specifically inclusive of each of the Project Plans, Project
Budget and Project Schedule, shall be agreed to by VLHA in accordance with this
l5
8-30FinalVLH
Agreement, and the terms of the Land Lease and the Deed Restriction shall be
mutually agreed in writing, prior to Developer incurring firm commitments for
constnrction of the hoject.
The Project Financing shall be agreed to by WHA in accordance with this Agreement
prior to any commitnent therefore.
Contracts with the Project Architect and the Project Contractor shall be approved in
writing by \ILIIA prior to incurring any commitrnents regarding lead-time orders for
materials and prior to commencement of construction on the Property.
Developer shall not mortgage, pledge, create a security interest in, encumber, or
otherwise subject the Property to any lien or encumbrance of any natue or kind;
provided, however, that TOV shall consider, specifically without obligation to
approve, the circumstances described regarding potential lien rights in a lender as set
forth in paragraph 2.b.i. above.
Developer shall not mortgage, pledge, create a security interest in, encumber, or
otherwise subject the Project to any lien or encumbrance of any nature or kind
whatsoever except as is consistent with the Project Program and for which the Project
Proforma has provided repayment, and further, debts incurred in the ordinary course
of operations, and refinancings contemplated herein.
Developer shall not sell, masterJease or otherwise dispose of the Project, or contact
or otherwise commit to do any of the foregoing during the term of the Land Lease
without the prior written consent of WHA.
Under no circumstances shall any financial commifinent be made by Developer with
regard to the Project that encumbers the Project or pledges its revenues without prior
written approval ofVLlIA, except to the extent consistent with this Agreement.
i. This Agreement shall not be assigned except as otherwise authorized pursuant to
Section 16 hereof.
5. DEVELOPER COMPENSATION: Developer has disclosed to VLHA, and VLHA has
agreed to, the pa)ment to Developer or its afliliates of certain fees and charges in
connection with it services to the Project. In no event shall such fees and charges be the
responsibility of, or paid by, VLHA. Ttose fees and charges are as follows:
a. Development/Construction Management Fee - a maximum of fow percent (%l of
the Project's development budget, prior to calculation of any IRR's for purposes of
the Sharing Formula. Developer discloses that it may have added intemal charges
within its investing group, but those shall not be reflected in, or a penalty to, the
Sharing Formula, nor shall such added fees and charges show on the Project
Proforma. The Development / Construction Management Fee herein shall be
distributed as follows: (i) seventy five percent (75%) of the Development/
l6
8-3OFinalVLH
Construction Management Fee shall be equally spread over 18 months commencing
October 1,2007, and (ii) twenty five percent (25%") of this budgeted Development/. Construction Management Fee shall be withheld and paid only upon a 90% lease-up
ofthe Project.
b. Property Management Fee - A maximum fee of five and one-half percent (5 %o/o) of
Gross Collected Revenues From Operations shall be charged by the hoperty
Manager, assuming that the scope of services and responsibilities of the Property
Manager are at least consistent with, or exceeding, the scope for the first class
professional management of similar projects. Successful evaluation of the Property
Manager's performance by WIIA on previously established criteria at five (5) year
intervals will result in renewal of the Property Manager's contract for an additional
five (5) years. Performance evaluations will be based on objective criteria consistent
with those imposed by CHFA, the LIHTC investors, the Federal Housing
Administration and other third parties having the right to review the Property
Manager's performance. Except for VLHA's reserved right to replace the Property
Manageras set forth hereinafter, VLHA shall only take remedial actions if none of the
foregoing agencies or parties are then enforcing their remedies against Property
Manager. VLHA's remedies shall be reasonably consistent those that could be taken
by tle foregoing agencies or parties given the evaluation score received by Property
Manager, but specifically including replacement with a mutually acceptable
professional property management company if the situation and violation(s) wanants
such measure in the reasonable opinion of VLHA utilizing the foregoing standards.
Property Manager shall have standard notice and cure rights unless there are repeated
violations each year during the current 5-year review period which have not been
timely cured. h the event that the contract for the Property Manager is terminated for
any reason except as .set forth above, including without limitation the exercise of
VLHA's rights set forth in paragraph 2h.vi. (2)' VLHA shall pay the Property
Manager two and one-half times (2.5x) the previous year's property management fees.
c. Financing I'ees - For first mortgage leasehold debt, if credit enhanced, a maximum
finance fee of 2o/o of the mortgage proceeds; for first mortgage leasehold debt, without
credit enhancement, a maximum finance fee of 3o/o of mortgage proceeds. For equity
placement fee (private equity and LIHTC equity as applicable), a maximum of 3o/o of
invested proceeds subject to a cap of $180,000, paid concurrently with the
Development / Construction Management Fee. Developer guarantees that it will
participate with its own cash.
No other fees are expected to be charged to the Project by Developer or its affiliates, and
none shall be so charged without the prior written approval of VLHA.
6. PROJECT EXPENSE DRAWS: Careful monitoring of expenditures and procurement
by VLHA is acceptable to Developer. Accordingly, Developer shall provide to VLHA
copies of all funding draws submitted for Project Financing during construction of the
Project for VLHA's review for consistency with the Project Budget. To the extent that
any such draws shall be Materially inconsistent with the final Project Budget, Developer
t7
8-30FinalVLH
7.
shall provide an explanation of such inconsistency and a resolution of how the
inconsistency shall be reconciled. In the event such inconsistency is not explained or
resolved in a manner reasonably acceptable to VLHA, then the disagreement shall be
subject to the provisions of Section 14 of this Agreement regarding Mediation &
Arbitration.
VLHA COSTS: In addition to, and sepamte and apart from the Development Rights Fee
and other payments provided for hereunder, Developer agrees to pay to VLHA a
Development Application & Monitoring Fee in the amount of $250,000 in order to
mitigate VLHA's costs incurred to prepare, negotiate and monitor this Agreement and the
Project Program. Said Fee shall be due and payable upon the closing of the construction
financing for the Project, with a minimum installment payment of $100,000 due, if earlier
than the closing of construction financing, on October 31,2002.
ONGOING INT'ORMATION UPDATES & REPORTS: Developer agrees to provide
ongoing information updates and reports during the pre-construction, constnrction and
lease-up, and operating periods of the Project Program, containing at least the following:
a. During pre-construction, construction and lease-up, bi-weekly reports and updates to
VLHA compared to the Project Schedule, with a firll explanation of any Material
variances;
b. During operations, and promptly after the end of every montl, Developer shall
prepare and deliver to VLHA a statement showing the results of operations during
such month and the year to date, and comparing such results to the Project Proforma
and its component parts.
c. Such other and further reports as reasonably requested by WHA to provide complete
and factual information regarding the status of the pre-construction, constuction,
lease-up, financing and operation ofthe Project, a comparison to the Project Program
and an explanation of any variances and the methodology to bring any non-complying
matters into compliance.
Each of the foregoing reports and information shall be kept confidential and shall not be
available for normal public purposes, subject to the laws, rules and regulations pertaining
to the Freedom of Information Act or other similar laws then appertaining. If \1LHA or
TOV, or either of them, reasonable believes that the information is such that it is
appropriate for an executive session, then the parties invited to that executive session for
such limited purpose shall be entitled to receive and review such information. ln the event
VLHA sets up a web-site regarding the Project, such repods shall, in addition to other
formats as requested by VLHA, be posted to the web-site by Developer; provided,
however, that that such web-site is reasonably secure, as determined by Developer.
BOOKS AND RECORDS: Developer shall maintain, or cause to be maintaine4 I
complete accounts and books and records, in accordance with generally accepted
accounting principles (which shall not be changed without mutual consent), showing all
l8
8-30FinalVLH
8.
9.
10.
costs, expenditures, sales, receipts, assets, and liabilities, and profits and losSeS, and all
other records necessary, convenient or incidental to recording the Project business and
affairs and sufficient to determine Developer's fee and, following lease-up and during
operations, the Sharing Formula as provided above. VLHA, or VLHA's desigtated
representative, shall have the right upon reasonable notice to inspect and review the
Project and the Books and Records required hereunder at no charge to WHA.
DEFAULT & REMEDIES: In the event Developer shall fail to perform any of the
oUtigutlot"s, uodertakings, covenants, pa)ments, commitments or any other requirementS
agreed to be performed or undertaken herein, or otherwise imposed on Developer herem,
Gn such failure shall be an Event of Default hereunder and shall entitle VLHA, in
addition to any other remedies allowed at law or in equity (except for termination of the
Agreement, which remedy VLHA expressly waives), to the following remedies, all of
which remedies shall be cumulative in nature:
Non-Mateial Event of Default - lJpon written notice to Developer by WHA of the
payment or performance failure that gave rise to the Event of Default, and failure of
bCveloperto completely cure the Event of Default within ten (10) days from and after
receipt of said notice to ihe reasonable satisfaction of VLHA (including the payment
to VLHA of its costs incurred, including attom€ys fees, to pursue the Event of Default
with Developer), then VLHA may directly cure the default itself by the payment or
performance necessary to correct said failure, and thereupon charge Developer for the
iost of such cure, including any attomeys fees and costs incuned in pursuing such
notice and cure. Such payment by Developer to VLHA for costs so incurred by VLHA
shall be due and payable within ten (10) days from and after the billing of same by
VLHA to Developer. Failure to timely pay shall be another Event of Default under
this Agreement, and all payments not received in a timely manner shall, in addition to
all other remedies hereunder set forth or referenced, bear interest at an arurual rate of
l8% until paid.
Material Event of Default -lnthe event the Event of Default has a Material impact
upon the Project Schedule, the Project Budget or the Project Plans, then, upon written
notice to Developer by WIIA of tle nature and scope of such Event of Default,
including the fact that the failure is material in nature, and a failure of Developer to
cure such Event of Default within thirty (30) days from and after receipt by Developer
of such notice, or if the cure is such tlat it would reasonably take longer than thirty
(30) days to cure, then a failure of Developerto ditigently commence tui6 surs within
said thirty (30) days and prosecute said cure to completion with diligence thereafter
(in either event, such cure shall include the payment to VLIIA of its costs incurre4
including attomeys fees, to pgrsue the Event of Default with Developer) , then VLHA
shall be entitled to either:
i. Pursue Developer for damages incurred as a result of such Event of Default,
including consequential and punitive damages, which action against Developer
shall include a right to recover attomey's fees and court costs in connection
therewith; or
l9
&30FinalVLH
t
ii. Without terminating this Agreement, VLHA may alternatively elect to dirwtly
cure the default itself by the payment or performance necessary to correct said
failure, and thereupon charge Developer for the cost of such cure, including any
attomeys' fees and costs incurred in pursuing such notice and cure. Such
payment by Developer to VLHA for costs so incurred by WHA shall be due
and payable within ten (10) days from and after the billing of same by WHA to
Developqr. Failure to timely pay shall be an Event of Default under this
Agreement, and all payments not received in a timely manner shall bear interest
at an annual rate of l8% until paid.
Major Malerial Event of Default - ln the event of Developer has ceased constnrction
of the Project for a period of two (2) months, a default in the Project Financing has
occurred that remains uncured, an uncured breach of the contract with the Project
Contractor or the Project Architect has occurred whereby such third party has stopped
work for a period of thirty (30) days, or if a lien in excess of $10,000.00 is filed
against the Project or the Property that remains uncured for more than thirty (30) days
or for which a bond has not bebn provided sufficient to release the lien from the
Project per State statute within said thirty (30) day period (each of the foregoing
referred to herein as a "@), and following notice of
such Major Material Event of Default to Developer, the Project lender and the 1J
Developer's equity investors (to the extent and at such addresses as are supplied to U
VLHA by Developer) and failure of Developer, Project lender or Developer's equity
investors to cure zuch Major Material Event of Default within thirty (30) dap from
and after such notice (or, in the event the Major Material Event of Default is of a
nature tbat its complete cure is impossible of performancs wirhin said thirty (30) day
period, but is reasonably capable of performance within ninety (90) days of the above
notice, then a failure of Developer to commence and diligent$ and continuously
pursue zuch cure to completion within said tbirty (30) day period, or diligently and
continuously pursue cure during said thirty (30 day period but failure to complete the
su€ within ninety (90) days), then the following remedy shall apply: If a Major
Material Event of Default shall occur during the preconstruction or during the
constnrction and lease-up periods of the Project, and without terminating this
Agreemenl immediately take possession of the Project and all Project Work Product"
and undertake to cur€ the Major Material Event of Default and pursue the Project to
completion in the place and stead, but as an agent for, Developer. Upon completion of
the construction and lease-up of the Project under this remedy, \/LHA shall thereupon
deliver possession to the hoperty Manager, as agent for Developer, who shall
thereafter continue management of the operation of the Project as provided under this
Agreement and pursuant to the terms of the contract with the hoperty Manager.
Developer shall be primarily liable for all costs and expenses incurred in the pursuit
L::*#ans
and shall continue to be liable in all other respects under this
t
8-30FinalVLH
20
o Developer shall secure from the Project Architect, the Project Contractor, the Project
Managir and all Major Contract vendors, collateral assignments of their contracts to
VLHA in order to further secure to VLHA Developer's performance hereunder'
In the event VLHA shall fail to perform any of the obligations, undertakings, cov€nants,
payments, commitments or any other requirements agreed to be perfiormed or undertaken
ireiein" or otherwise imposed on VLHA herein, then such failure shall be an Event of
Default hereunder and shall entitle Developer to its remedies specifically set forth in this
Agreement in addition to any other remedies allowed at law or equity, which remedies
rhutl U" cumulative; provided, however, that Developer recognizes that such remedies are
limited by the Govimmental Immunity Laws and other similar laws and regulations
governing limitations of actions against govemmental entities in Colorado. In no event
Jtratt any of tUe provisions contained in this Agreement be deemed or constitute a waiver
or limitation of any and all immunities provided to VLHA or TOV under Colorado law.
WES: All notices, demands and requests shall be in writing and shall be
eff"ctivety made if sent by United States Certified Mail, return receipt requested, postage
prepaid, by nationally recognizsd ovemight courier guarantee next day delivery' by
telecopy or by personal delivery properly addressed as follows:
(a) Ifaddressed to Developer:
Coughlin & Company, Inc.
140 East l9th Avenue, Suite 700
Denver, CO 80203-1035
Voice: 303-863-1900
Fax No. 303-863-7100
Attn: Mr. Michael P. Cougblin
11.
8-30FinalVLH
2l
With a copy to:
Jay F. Kamlet, Esq.
Kamlet, Shepherd, Reichert & Hueston" LLP
16 Market Steet
1400 l6th Street, Suite 250
Denver, CO 80202
Voice: 303-82542W
Fax No. 303-825-1185
(b) If sddresscd to VLHA:
VaiI Local Housing Authority
C/o Ms. Nina Timm, Housing Coordinator
TownofVail
75 South Frontage Road
Vail, Colorado
Voice: l-970479-214l-
Fax No. 970479-2452
lVlth a copy to:
Jdmes M. Mulligan, Esq.
Faffield and Woods, P.C.
1700 Lincoln Street, Suite 2400
Denver CO 80203
Voice: 303-830-2400
Fax No.: 303-830-1033
and a copy to:
Chris Squadra
Architecnral Resource Consultants, Inc.
4410 Arapahoe, Suite #220. Boulder, CO 80302
Voice: 303443-3300
Fa:r No.: 303443-1508
Unless this Agreement specifically provides otherwise, all notices shall be deerned
received three (3) business days following deposit in: the United Sates Mail with respect
to certified letters, one (l) business day following deposit if delivered by an ovenright
courier guaranteeing next day delivery and on the same day if sent by personal deliveryor
telecopy (with proof of ransmission). Attorneys for each party arc authorized to give
notices for the parry the attorn€y represents. Any party may change its address forthe
service of notice by giving Written notice of such change to the other party, in any matter
specified above.
I
&3OFinalVLH
12.
13.
t4.
NO PARTNERSHIP: VLHA and Developer do not intend by this Agreement to create
a partrrership or joint venture relationship among themselves and this Agreement shall
under no circumstances be interpreted to create such a relationship.
APPLICABLE LAW: This Agreement and all matters relating hereto shall be consfued
in accordance with the laws of the State of Colorado.
MEDIATION & ARBITRATION: If a dispute arises out of or relates to this
Agreement, or the breach thereof, and if the diqpute cannot be settled tbrough negotiation,
the Parties agree fust to try in good faith to settle the dispute by non-binding mediation
administered by a mediator mutually selected by the Parties prior to resorting to binding
arbitration or litigation. In the event the Parties carmot agree upon a mediator, the
mediation shall be administered through the American Arbitration Association. Except
as expressly provided under Section l0 of this Agreement, any controversy or claim
arising out of or relating to this Agreement, or the breach thereof, which cannot be
resolved by the aforesaid mediation shall be settled by binding arbitration adrninistered by
the American Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. If a dispute arises prior to completion of the Project, to the extent
practicable the work shall continue unabated while the dispute is being resolved.
ATTORIYEYS' FEES: ln the event either party commences arbitration or other legal
action to enforce its rights under this Agreement, the prevailing party shall be entitled to
r€cov€r all reasonable costs and expens€s incurred in such action, including reasonable
attomeys'fees.
ASSIGNMENT: Neither Party shall, without express prior written consent of the other
Party, encumber, assign, or otherwise transfer its interests in this Agreement, or any right
or interest herein; provided, however, that Developer shall be allowed to assign this
Agreement to another entity for the purpose of pursuing the Project Program so long as it
is an entity in which: Developer retains the management control; Developer has a direct
ownership interest; and the entity is capitalized and organized to pursue the Project
hogram in the place and stead ofDeveloper.
Norwithstanding the foregoing limitations on Assignment Developer acknowledges that
TOV is the owner of the Properly and \1LHA is presently acting as the Owner
Represenlative of TOV in entering into this Agreement. As such, any limitation on
assignment under this section shall not apply as between TOV and WHA.
BINDING EFFECT: The terms and conditions of this Agreement shall be binding and
inure to the benefit of the Parties hereto and their respective successoni and (except as
herein otherwise provided) assigns.
FORCE MAJEURE: TIME OF THE ESSENCE: Whenever a period of time or
specified date is herein prescribed for action to be taken by either Party, there shall be
23
15.
r6.
17.
18.
8-30FinalVLH
19.
excluded from the compufation of any such period of time or an extensioo of ,*n
specified date, any delays due to strikes, riots, acts of God (excluding weather delays
reasonably and historically known to occur, as defined by a ten (10) year average ofthe
U.S. Meteorological Survey data, or similarly and mutually acceptable data' in the
geogaphical area of the Property), shortages of labor or materials outside of the
parameters typically found in the geognphical area of the Property, war, or governme'lrtal
iaws, regulations, restrictions or moratoriums (excep to the extent waived or otherc,ise
not applied to the Project or the Property) and unforseeable delays by the Project lender;
provided, however, that both parties shall use their best and diligent efforts to mitigte the
iffects ofsuch occurrences with respect to the required action; providd that reasonable
costs relating to such mitigation efforts shall be includable as an addition to the First
Costs. Subject to the foregoing, time is of the essence with respect to each and every
provision of this Agreement.
ENTIRE AGREEMENT: This Agreement, the Exhibits attached hereto, and the Project
Irogrum, Project Plans, Project Budget, Project Schedule, Land Lease and Deed
Restriction, as they may be updated from time to time as provided herein, set forth all of
the promises, agreements, conditions, understandings, warranties and rqxesentations
amotrg the Parties hereto with respect to the Project and there are no other promises,
agreements, conditions, understandingS, warranties, or representations, oral or writteq
"*p."ts or implied, between them except as set forth herein. No subsequent Material
modification of any of the tenns of this Agreement shall be valid, binding upon the
Parties, or enforceable unless made in writing and signed by the Parties.
COIINTERPARTS: This Agreement may be executed in two or motp count€rparts'
"ach
of *hich shall be deemed an original but all of which together shall constitute one
and the same instrummt.
FACSIMILE SIGNATIJRES: Facsimile signatures shall be accepted and enforceable
as though original in naturc.
AUTIIORITY: Each Party hereby represents, warrants and covenants to the other that it
nas m full rigbt, power and authority to enter into this Agreement and make the
agree6ents contained herein on its part to be performed; that the execution, delivery and
pitfot un"e of this Agreement has been duly authorized by zuch Part56 that this
Agreement constitutes the valid and binding obligation of such Parly, enforceable in
accordance with its terms; and, that the making of this Agreement and the performance
thereof will not violate any present laws or ordinances or the terms or provisions of any
agreement to which such Party is a party or under which such Party is otherwise bound
NoTWTHSMTVOING A}.IYTHING CONTAINED IN THIS PARAGRAPH OR AGREEMENT TO THB
CONTRARv, THE PARTTES INDERSTAND AND HEREBY ACKNOwLEDGE THAT \ILHA HAS NOT
PRESENTLY SECURED APPROVAL TO HGCUTE AND PERFORM THIS AGREEMENT BY OR ON
BEHALF oF TOV. AcCoRDlNcLY, THIS AGREEMENT AND THE oBLIGATIoNS OF WHA eNp
TOV HERET'NDER ARE EXPRESSLY CONDITIONED AND CONTINGENT IJPON SECI.JRING A
SPEcIFIc REsoLUTIoN FRoM \ILHA'S BOMO OT DRECTORS SPEdIFICALLY APPROVTNG TI{IS
AcREEMENT AND A CONFORMINc ORDINANCE FROM TOV'S TOwN COUNCIL REGARDING
24
20.
2t.
22.
8-30FinalVLH
I VLHA'S AUTHORITY TO ENTER INTO AND PERFORM T}IE TERMS AND PROVISIONS HEREOF
FoR ITSELF AND oN BEHALF on TOV. IT No sucu SPECIFIC RESOLUT]ON AND ORDINANCE
ARE FORTHCOMING ON OR BEFORE OCrOnrn 3, 2001, THEN TH]S AGRIEMENT SHALL BE
VOID AND OF NO zuRTHER FORCE AND EFFECT; PROVIDED, HOWEVER' THAT VLHA SHAU,
slLL BE BoUND By rlIE pRovrsroNs coNTATNED IN sEctroN 2.A. HEREoF REQLIRING THE
PAYMENT oT $25,OOO To DEVELoPER A}.{D THE RECEIPT FROM DEVELOPER OF TI{E PROJECT
WORKPRODUCT.
Its:
Executedtobeeffectiveu,ortn&faavor Atttvfi ,zoot.
TOWN OFVAIL LOCAL HOUSING AUTHORITY,
a Colorado statutory housing authority
DEVELOPER:
COUGHLIN & COMPAI{Y fNC., a Colorado corporation
?
a
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9re urfrv(il,c.l /,relrl"lttf'
lrNsERT NOTARTESI
By:
Its:
&3OFinalVLH
25
I
Middle Creek Village
Flnance
I Bedroom Lft$C-6O%
I BedroomB LIIITC-60%
IE
50
28
t92
2 Bedroom
2 Bedroom
3 Bedroom
Total Unib
Deed Restricted
Deed Resticted
Deed Restricted
$625.00
$700.00
$t,075.00
$1,250.00
st,55o.o0
1.0 batbs
1.5 - 2.0 bstbs
2.0 batbs
I
Project Program
August 30, 2001
483 f
532 sf
728 sf
Design Commen s.' To tbe extent possible; lofts will be incorporated into upper lwel units.
The above unit rnix and r€nt stucture has been approved by CougNin & Company and Vail Local Housing '
Authority. It will be submitted to the Housing Collaborative for purposes of confirming the market
acceptance ofthis unit mix and rent structure and will be used for purposes of developing financing plans,
furthering the architecnral desigp, and developing more detailed constuction budgets.
I Exact unit count may require minor modification and shifting to accommodate rnost effrcient stacking of
units.
2 Pteliminary, based on current project budget.
Vail Local Housing Authority
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Deparunent of Communig Development
75 Soutr Frontage Roa4 Vail, Colorado 81557
tel: 970.44.2139 fu.: 970.479.2452
web: www.ci.vail.co.us
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General Information:
This applkaton E fur any project requirirq Design Rwiew approval. Any project requirirq design review must
receive approval prior b submitting a building permit application. Please rerer b f|e submittal requirennnts br the
particuhr approval that is requested. An applicauon for Design Rsr'iew cannot be accepted until all required
infurnnfion is received by the Community Development Departrnent. The project may abo need b be rwiewed by
the Town Council and/or the Planning and Environmental Commission. Ilesign Review Board approval lapsec
unlesr a building permit is bsued and construction commences within one year of the approval.
Location of the Propcal: LoE_Block_ Subdivision:
Parcel I{o.: 4 /n 0 6 /(l ? 02 rContact Eagle co. AssFqsor at 970-328-85,+0 for parcel no.)
Zoning:
Name(s) of Ourner(s):
Phone:
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$200 For corstruction of a new building or derno/rebuild.
$50 @ran addiuon where square footage is added b any r€sidential or
comrnerchl buildirp (includes 250 aelditbns & interir conversbrs).
S20 Foe;.mirrcr changes to building ard site irnpro\rernents, suctt as,
. . . . ' retoofing, paintirE, window additions, hndscaping, fvtces and
-_.'r,, . retaining walb, etr.tr Ctanges to Appmved Plans $20 furi re\risions to phns abeady approved by Planning Staff or the
Design Review Board
PLEASESUBMITTHIS APPU-CATION, ALL STJBMITTAL REQJIREMENTS . .
AND TIIE FEETO,THE OEPARTMEI.IT OF COMMUNITY DEVELOPMEN'L
,75 SOUTH FRO$IAGE ROAD, VAIL, COLORADO 81657.
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Application for Review by the
Planning and Environmental Commission
Deparbnent of Community Development
75 Soufr Frontage Roa4 Vail, Colorado 81657
tel: 970.479.2139 fax: 97O.479.2452
web: www.ci.vail.co.us
General Information:
Thls application b br any project reguiring approval from the Planning and Environmental Commission. Phase reEr
to the submittal requirernents br the paftiorlar approval that is requested. An application for Planning and
Environmental Commission review cannot be accepbd until all required information is received ry the Cornmunity
Dweloprnent Departnent. The project may also need to be reviewed by the Town Council and/or the Design
Rsrierv Board.
Type of Application and Fee:E Variance $250 tr Condiuonal Use Permit $200tr Slgn Variance $200 tr Employee Housing UniWype:_ No Feetr Rezoning $200 O Bed and Breakfdt $200D Major Subdivlsion $1000 + $20/lot tr MaJor Fxterior Alteration in Vail Village $500tr Minor Subdivision $250 tr Minor Exterkr Alteration in Vail Village $200tr Special Development Distrkt $1500 tr Major bderior Altgation in UorFhead $500tr Mapr funendrnent b an SDD $1000 tr Major Exterior Alteration in the PA District $500tr Minor Amendment to an SDD $200 tr Floodplain modification $200D Zoning Code Amendrnent $250 tr Amendment to a Oevelopment Phn 9250
ofthe'Request:
Location of the Proposal: Lot:_Block:_ Subdivision:
Physical Address:
(Contact Eagle Co. Assessor at 97$328-86,10 for parcel no.)
Zoning:
Name(s) of Owner(s):
Malllng Address:
Phone:
Ourner(s) Slg natu re(s):
Nameof Applicant; 0I0lL WIMY,@
PLEASE SUBMIT THIS APPLICATION, ALL SIJBMITTAL REqJIREMENTS
AND THE FEE TO THE DEPARAENT OF COMMUNITY DEVROPMEITT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
.d
Questions? Call the Planning Staff at 47}2L38
(Rezoning)
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Request fior a Change in District Boundaries
Su bmittal Req u irements
G ET{ ERAI III FORTTIATION
A request for a change in district boundaries may be initiated by the Torvn Council, by the Planning and
Environmental Commission, by petiUon of any resident or property owner in the Town, or by the
Administrabr.
SUBilITTAI REOUIREMENTS
o Fee: $200,00
o A llst of the owners of all properties within the boundaries of the area to be rezoned or changed
and the property adjacent thereto. The owners' list shall indude the name of all owners, their
addresses, and a general description of the property owned by each.
o Stamped addressed envelopes and a list of the names and mailing addresses of all property
owners within or adjacent to the boundafies ofthe area to be rezoned or changed. The owners'list
shall include a general description of the property owned by each. The applicant is responsible fur
conect names and mailing addresses. This information is avqllable from tte Eagle County Assessor/s
ofiiQF: , . .11 . .,:;. . :,^. :;:i.:;,, .;,
o . peqpr&approval fprEie$.gninium aidxjation 6rjtiinf ov,jn4 iranqlicabf,,;. . ,'. ;
o A'conrpletedescrlpflpn of proOoqe*change in di*fct lounitales. . :n] '.' i; ' , :.
o l niap indicating the existin! alrlbtoOoderl OmiiasotindiH\s(q coDias)'u,,:i'i,:1:.
o Maps must also be submitted In 8.5" x 1l' reduoed format, These are required br the
Planning and Environmental Commission members' information packets.
o Additlonal Materlal: The Administrator and/or pEi ii',rv tadOih tniJ&i'Utli;lon of addiuonal plarr,
drawings, specificatjons, samples and other materiab if deemed necessry to pmperf evaluab the
proposal.
PRE-APPUCATIOI{ CONFERENCE
A pre-application conference with a planning staff member ls strcngly encouraged. No application will be
accepted unless it is complete. It is the applicanfs responsibility b make an appointment with the stafr
to determine submittal rcquirements.
TIME REOUIRETTIENI]S
The Planning and Environmental Cgmmis$on meeB pn the Z-nd and 4th Mondays of each month. A
complete a'bbmtioirJbrni'iriC att a*Omdniing matehal (as dbciibed abwe) m]u-st be accepted by the
Community CEvClOprtFdt OeWttrnersbi'he approprhte submitbl date, which is a minimum of four (4)
weeks prior to $e date of the PEC public hearing. hcomplete applications (as determined by the
planning statr) will not be accepted.
ADDMONALREVIEW
A. If this application requires separate rwiew by any local, Sbte or Fedenl agency other than the Toryn
of Vail, the application fee qhalt be increa#. by $200.00. Examples of such review, may include, but
"'ii' -. ", r -
are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404,
etc.
B. The applicant shall be resporsible for paying any publishing fees which are in excess of 50o/o of the
application fee. If, at the applicant's request, any matter is postponed for hearing, causing the
matter to be re-published, then, the entire fee for such re-publication shall be paid by the apdicant,
C. Applications deemed by the @mmunity Development Department to have design, land use or cither
issues which may have a significant impact on the community may require rwiew by consultants in
addition b Town stafr. Should a determination be made by the Town staff that an outside consultant
is needed, the Communfi Development Department may hire the consultant. The Department shall
estimate the amunt of money necesery to pay the consultant and this amount shall be forwarded
to the Town by the applicant at the Ume of filing an application. Expenses incuned by the Town in
orcess of the arnount forwarded by the applicant shall be paid b the Town by the applicant within 30
days of notjfication by the Tourn. Any excess funds will be retumed to the applicant upon review
completion.
Pleuse note rtat only complete applicaions will be accepted Alt of the required inforntalion must be
submined in orderfor the opplication to be dcemed complete
JOIT{T PROPERTYOWI{ER
WRITTET{ APPROVAT LETTER.
I, (print name), a joint owner of property located at (address/legal
description)
prwide this letEr as written approval of the plans dated which have
been submitted to the Town of Vail Community Dwelopment Department for the propced imprcvements
to be complete<l atthe address noted above. I understand thatthe proposed improvements include:
I further understand that minor modifications may be made to the plans over the course of the review
process to ensure compliance with the Town's apdioble codes and regulations.
(Signature)(Date)
Va srEwARr EfwtRoNMEMAt coNsutrAllrt tNc.
'-- Consulting Engineers and Scientists
.-tr!
Environmental Impact Repoft
for the proposed
Middle Creek Village
Uz
Otfice & Laboratory:
3801 Automation Way, Suite 200
Fort Collins. Colorado 80525
(970) 226-5s00
FAX (970) 226-4946
stewart@webaccess. net
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Vail, Colorado
Prepared by:
Stewaft Environmental Consultants, lnc.
Consulting Engineers and Sclentlsts
Fort Collins. ColoradoIt
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August 2001
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TABLE OF CONTENTS
Page
lll. PRoJECT BACKGROUND AND DESCRIPT|ON............... ........................2
IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY.. .................. 3
V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS ................. 5
vt. oTHER ENVTRONMENTAL COND|T|ONS.................. .............................. 7
A. Land Acquisitions and Displacements ................ .............7
B. Land Use and 2onin9............. ..-...............7
H. Navigable Waterways and Coastal Zones............. .......... g
J. Energy Requirements and Potential for Conservation ............................................;................................ g
M. Communig Disruption ........................... 10
N. Secondary Development ....................... 11
O. AGENCIES AND PERSONS CONSULTED ................ 11
vlll. ASSESSOR QUAL|F|CAT|ONS .............. .......................14
FIGURES
1. Location Map
2. AerialPhoto
3. Site Map
4. Photographs
APPENDICES
A. Eagle County List
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I. INTRODUCTION
Odell Architects, PC retained Stewart Environmental Consultants Inc. to perform an
Environmental lmpact Assessment of the proposed Middle Creek Village development. The
property is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from
Vail Village. The proposed project consists of multi-family housing constructed on a 6.5-acre
site owned by the Town of Vail. The purpose of the project is to provide affordable housing for
people currently employed in Vail, who are presently living in or near the community. The
project owner is Coughlin and Company, 140 East 19th Ave., Suite 700, Denver, Colorado
80203-1035.
The site location is depicted on Figures 1 through 3. Photographs of the site are provided as
Figure 4.
II. PURPOSE
The purpose of performing the Environmental lmpact Assessment is to achieve the following
objectives:
A. Availability of Information: To ensure that complete information on the environmental
effects of the proposed project is available to the Town Council, the Planning and
Environmental Commission, and the general public.
B. Environmental Protection A Griterion: To ensure that long-term protection of the
environment is a guiding criterion in prolect planning, and that land use and development
decisions, both public and private, take into account the relative merits of possible
alternative actions.
C. Review and Evaluation Procedure: To provide procedures for local review and
evaluation of the environmental effects of proposed projects prior to granting of permits
or other authorizations for commencement of development.
D. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in
geologic hazard areas, by way of illustration, flood plains, avalanche paths, rocKall
areas, where such hazard cannot practically be mitigated to the satisfaction of the
Planning and Environmental Commission and the Town Council.
E. Protect Water Quality: To ensure that the quality of surface water and ground water
within the Town of Vail will be protected from adverse impacts and/or degradation due to
construction activities. [Ord. 37 (1980) 10: Ord. 19 (1976) 14: Ord. 8 (1973) 16.100]
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Stewaft Environmental Consultants. Inc.
Page '1 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail. Colorado
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III. PROJECT BACKGROUND AND DESCRIPTION
Site Concept
The initial conceptual design approach for Middle Creek Village housing is meant to reflect a
new model of multi family housing in mountain communities. The site parameters and
community context were the prime motivators for the layout of the buildings and parking;
however, the solution incorporates some planning principles of a more "urban" nature.
The buildings are arranged around a pedestrian oriented "street" which creates an axis running
east to west across the site. The "street" rises to the center of the project, following the
contours of the site. Entries into individual units as well as project amenities will occur along the
path, and it is envisioned to include both hardscape and landscape areas. The pedestrian
street will be an active place reminiscent of other village centers in the community.
Encouraging the use of alternate transportation, our team proposes to work with the Colorado
Department of Transportation and the Town of Vail to create a project specific transit stop, as
well as develop pedestrian and bicycle access from the site into town. These are accessible to
the residences along a central pedestrian spine that runs down the hill and through a two-story
opening in the center building, ending at the proposed transit stop. Given that a large segment
of the market for this project will be seasonal employees, our team believes the daily use of the
automobile can be minimal. Consequently, the relationship between the car and the building is
downplayed in our solution.
Separating vehicle parking from the buildings allows the project to create a pedestrian oriented
"village" character and allows the buildings to be sited closer together, thus visually reinforcing
this image. This is similar to the exterior pedestrian spaces created by the architecture at areas
such as Bridge Street in Vail Village and Lionshead Village. The siting of the parking areas
behind the buildings will also help shield views of the lots from the frontage road and from
across the valley.
The Early Learning Center has been sited to the far eastern edge of the site, but is easily
accessible from the residences on the loop road. This configuration provides a nicely separated
site for the children's facility.
The overall site concept adheres closely to the existing contours of the site. The buildings rise
and fall across the length of the site with the terrain, creating an undulating profile that further
reinforces the "village" concept.
Buildinq Concept
Further reinforcing the "village" concept, the buildings are designed as three separate building
types. All the buildings will be one unit deep, creating cross flow ventilation and economy of
construction. There are no enclosed walkways or stair towers, as the site allows the majority of
units to be accessed at grade. Internal floor plans will develop stacked plumbing cores, and the
mix of units will be designed to minimize structural offsets and maximize construction simplicity.
Each of the six residential buildings includes a one-story element on the end which houses
laundry and storage facilities for that building. The building orientation creates maximum
2850-00'1 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
Stewaft Environmental Consultants. I nc.
Page 2 ot 14
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southern exposure for every unit. The fact that the buildings are simply one unit deep creates
excellent opportunities for flowthrough ventilation. Our proposal will incorporate highly efflcient
mechanical and electrical designs. We believe on a scale of zero to five our development wlll
achieve a five, or the highest efficiency rating available. Since all units are accessed from grade
or a small stair, there are no interior corridors to heat or cool, further enhancing overall energy
efficiency. Please refer to our preliminary LEED evaluation in Section Vl-J for additional
information on energy and sustainability.
The overall character of the building design is meant to reinforce the "village" concept, with
varying building types, massing, and styles creating a cohesive whole. Stylistically, we will
incorporate the tradition of Vail Valley architecture while maintaining an economical design.
This can be achieved by the judicious use of distinct design elements throughout the project. In
a cost sensitive project, forms may be simple, but the sensitive use of massing, scale, and
rhythm can create an architecture that is respectful of, and complimentary to, the surrounding
architecture of Vail Valley. The exciting architectural design and pedestrian street space will
create a of choice for potential employees.
IV. S]TE DESCRIPTION AND ENVIRONMENTAL INVENTORY
Location
The subject property is an irregular shaped, approximate 6.5-acre mountainside site; its location
is described as a part of the South lz o'f the Southeast % of Section 6, Township 5 South,
Range 80 West of the 6s PM, Town of Vail, Eagle County, Colorado. The property adjoins the
existing Mountain Bell property located north of the l-70 North Frontage Road.
Zoninq
A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District),
and a small portion of the site where two early leaming centers are located is zoned 'G"
(General). The proposed prolect will require rezoning the 6.5-acre site to the designation "H"
(Housing).
Site Usaqe
The property is owned by the Town of Vail. Onsite development includes two small wooden
structures presently housing early childhood learning centers. They are located directly east of
the offsite Mountain Bell structure. Site development plans call for demolition of the two early
childhood leaming facility structures with construction of a new learning center at the southeast
portion of the site. The remainder of the site is undeveloped open land except for the existing
road and parking area that serves the off-site Mountain Bell facility and theonsite early learning
facilities. The proposed use of the property was described in Section l, above.
Hvdrologic Gonditions
No surface bodies of water are located on the proposed project site. Onsite surface drainage is
mainly via sheet flow and is generally southerly, although the western portion of the site likely
drains to Middle Creek, located off site just to the west of the entry road. A man-made drainage
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Middle Creek Village
Vail. Colorado
channel adjoins the eastern side of the Mountain Bell structure. Soil and drainage issuesare
described in reports provided under separate cover by Koechlein Engineering and Peak Land
Consultants, Inc.
Geoloqic Conditions
A geologic report by RJ lrish, Consulting Engineering Geologist, lnc. is provided under separate
cover.
Biotic Conditions
Ecologically, the property is located in the Montane Zone at elevations of approximately 8,220 to
8,300 feet above mean sea level on a southerly aspect. Regarding plant communities, the siteis described as complex as it contains elements of several communities. These include
Montane Grasslands and Mixed Mountain Shrubland located on the eastern portion of the
mountainside with Aspen stands occurring at the southeastern portion of the site. These
communities include representatives of most of the life forms of the plant kingdom including
ferns, grasses, forbes, shrubs, and trees. Native and non-native vegetation is present including
invasive species of noxious weeds. The western area of the pioperty is mainly Montan6
Riparian Forest dominated by Narrow-leaf Cottonwoods (Populusangustaiolid and ascattering
of Thin-leaf Alder (Alnus incana) and Aspen (Populus tremuloides). Presence of Aspen as well
as species of invasive weedy forbes indicate the likelihood of past disturbance such as fire.
Climax community species such as Colorado Blue Spruce (Picea pungens) are located off site
higher up the Middle Creek drainage, but Blue Spruce and other dimlx communig trees were
not observed on site.
Wildlife uses the site; large mammals including deer and elk browse on the Serviceberry and
Current located in the Mixed Mountain Shrubland Community. Other mammals including-Black
Bear, coyote, Fox, Rabbits, chipmunks, Golden-mantle Ground squinels, pocket Gophers, and
other rodent species likely feed and/or inhabit the site. Reptiles, such as species of Garter
Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on
site. Although Middle Creek is located off site directly west of the property's western boundary,
the creek is not likely used as a migratory corridor. InterstateT0 and development adjoining the
south side of l-70 preclude use of the corridor for migratory use. Middle Creek is contained
within a culvert from the north side of l-70 to its confluence with Gore Creek south of l-70.
No known threatened or endangered species of plants or animals have been identified at thesite. However, no onsite surveys for such species are known to have been performed. The
Colorado Natural Heritage Program's Conseruation Status Handbook (1999) lists the status of
various animals, plants, and plant communities found in Eagle County. A copy of the Eagle
County list is provided in Appendix A.
We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental
Review" of the subject site and adjacent area. The review searches known ecological
information regarding the status of plants, plant communities, and animals within a spe-ified
radius of the subject property. The review will report the status of these communities.
Middle Creek, a relatively pristine stream that likely contains Native Cutthroat Trout, traverses
the adjacent property to the west of the subject site. The creek flows out of a saddle located to
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Page 4 of 142850-00'1 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
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the north upslope from the site. lt flows southerly down slope, jogs west around the Mountain
Bell building, and then flows southerly for approximately 150 feet paralleling the west side of the
entry road to Mountain Bell. lt enters a culvert beneath l-70 and the associated frontage roads
and flows through the culvert south of l-70 to its discharge point into Gore Creek south of the
interstate. Gore Creek flows westerly to its confluence with the Eagle River near Minturn.
The existing creek channel may not be the historic creek channel. Stream modification
(channelization) appears to have been conducted upstream of the culvert adjacent to the entry
road. This 150-foot reach is likely the closest location of the stream to the subject property.
The stream bank, as well as its associated vegetation, appears disturbed along this reach.
Observed vegetation was mainly upland in nature with both native (Western wheat grass-
Agropyron sp.) and non-native species of grasses (brome-Bromus enurmus), as well as
invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off
site from the subject property, a riparian corridor of wetland vegetation adjoins the stream
channel.
Adjoining the east side of the entry road, adjacent to its 150-foot north/south orientation, is a
Narrow-leaf Cottonwood (Populus angustifolia) community. This species is referenced in the
U.S. Department of the Interior, Fish and \Mldlife Service publication, Nationa! List of Ptant
Species That Occur ln Wetlands: Intermountain (Region 8,). lts indicator category is listed as
"Facultative', which is described as "Equally likely to occur in wetlands or nonwetlands
(estimated probability 34%-660/o). The presence of this community may be due to a former
location of the stream channel or may be due to high groundwater conditions existing near the
stream channel.
The Nanow-leaf Cottonwood Community continues to the north (off site) and south (on site) of
the entry road after the road tums east. Figure 4 Photographs, page 2, depicts the entry road
along its easUwest orientation with the Nanow-leaf CottonwoodCommunity adjoining both sides
of the road. The presence of this community is an indicator of the potential existence of
wetlands; it does not necessarily confirm their presence. Actual wetland existence can only be
determined by performing a wetland assessment, which not only considers vegetation type, but
also investigates other factors including the presence of hydric soils and wetland hydrology.
Montane Environmental Solutions of Vail, Colorado is presently investigating wetland issues at
the site. A letter regarding the status of their investigation is provided under separate cover.
V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS
The proposed Middle Creek Village will impact plant and animal communities presently
inhabiting the property. Site development including earth moving activities and building/parking
lot construction will strip a majority of the existing native and non-native vegetation and displace
wiHlife from the approximate 6.5-acre site. However, existing vegetation and wildlife are not
site specific. Surrounding property to the north, east, and west contain vast square miles of
similar plant communities, wildlife habitat, and wildlife species. The loss of these 6.5 acres
does not represent a signiflcant impact to the plant and animal communities. Displaced wildlife
willfind and inhabit nearby similar habitat.
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Landscaping including grass, shrubs, and trees will cover a minimum of 30% of the developed
site. Middle Creek Village will be sensitively integrated into environmental surroundings. Birds,
insects, and possibly small mammals will utilize the landscaped areas, which will mitigate some
habitat loss.
The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife-
particularly large mammals. Increased human presence and reflected light may influence
adjoining habitat use. Adjoining property is private so that residents of the village should not be
using adjoining properties. Human/bear interaction is possible. All trash dumpsters will need to
be covered and otherwise made bear proof. Lighting designed to reduce reflected light and
conform to the Town of Vail building code will be incorporated into the site design.
lmpact to Middle Creek from surface runoff will be minimized. Potential imoacts include
grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads.
The location of accumulated snow piles resulting from plowing will be addressed. The piles will
be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle
and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water
quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks.
Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to
prevent impact to Middle Creek. Construction will be in accordance with all applicable local,
state, and federal regulations and standards. lf dewatering is reguired during construction,
water will be retained on site. As previously referenced, drainage issues are addressed in a
report under separate cover.
Montane Environmental Solutions is performing a wetland assessment. As previously
referenced, a potential exists for the existence of jurisdictional wetlands in the vicinity of the
Narrow-leaf Cottonwood Forest located adjacent to the existing access road. The presence of
this community is an indicator of the potential existence of wetlands; it does not necessarily
confirm their presence. We recommend performing a wetland assessment conforming to US
Army Corps of Engineers (fhe Corps) guidelines. lf on-site wetlands are identified, several
alternatives are available. These include: 1) establishing development setbacks from the
wetlands 2) wetlands can be taken through the 404 Permitting process and replacement
performed to mitigate the loss or 3) if the wetlands are below minimum surface areas
established by the Corps,, they may be removed and built upon. lf on-site jurisdictional
wetlands are identified, The Corps is the agency regulating such matters.
A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek
lies north and west of this area. lmpacts to the riparian conidor and wildlife using the corridor
adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the
parking area as far as possible from Middle Creek. Drainage issues as previously referenced
are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will
be incorporated into the project design to prevent impact to Middle Creek.{'t
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Vail, Colorado
_ VI. OTHER ENVIRONMENTAL CONDITIONS
A. Land Acquisitions and Displacements
The impact is "Generally Not Significant".
i'' Approximately 6.5 acres of land is required; the developer/project owner is Coughlin and
Company, 140East19hAve.,Suite700,Denver,CO8O2O3-1035. TheTownofVailownsthe. land. lt is proposed that the Town of Vail will lease the site to the developer for a 53-year period
at which time the property will revert to the Town.
Two displacements will result from implementation of the proposed project. The ABC and the
Learning Tree early childhood leaming centers will be displaced. The existing buildings will be' demolished, and new facilities will be constructed at the southeastern portion of the site.
i" State regulations require a full National Emissions Standards for Hazardous Air PollutantsL (NESHAP) asbestos inspection of the buildings prior to demolition. lf the inspection identifies
asbestos-containing materials, regulations require their removal prior to demolition of thel; buildinos.
t
No minority communities, households, or minority-owned businesses are located on site, and- therefore, will not be impacted by any potential negative environmental concerns such as noise,
air, or water pollution; or from the construction of the facility.
' B. Land Use and Zoninq
t- The impact is "Generally Not Significant".
,'! A majority of the subject site is presently zoned "NAPD' (Natural Area Preservation District),t- and a small portion of the site where two early learning centers are located is zoned G. The
proposed project will require rezoning to the designation ,,H" (Housing).
flII C. Visual Conditions
- Parking areas will be located behind housing thereby shielding it from view from the Town of
Vail. Overall project form and massing is in character with existing Vail Village. The height,
mass, and materials that will be used in the proposed Middle Creek Village will convey a sense
t of permanence and contextual and regional appropriateness.
t,L D. Air Qualitv
f'I The impact is'Generally Not Significant".
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The project will conform to all applicable local, state, and federal air quality regulations and
standards, including, but not limited to those regulating odor, dust, fumes of gases, which are
noxious, toxic, or corrosive, and suspended solid or liquid particles.
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Middle Creek Village
Vail, Colorado
' Fireplaces will not be installed in the development thereby eliminating wood smoke. There will
be no balconies or decks that would provide space for grills or barbecues. There may be a grill
in a public area of the comolex.
The Middle Creek Village project is designed to discourage vehicle usage and encourage other. modes of transportation such as buses, biking, and walking. TDA of Colorado performed a
transportation impact analysis regarding the proposed Middle Creek Village. Their report is
provided under separate cover. The report indicates that the impact of traffic aenerated by the
proposed project will be "Generally Not Significant".
E, Noise
The impact is "Generally Not Significant".
Stewart Environmental identified no noise-sensitive land uses on adjacent properties. The
! proposed site is located adjacent to the north side of l-70. The noise from the interstate is farL greater than any that would be produced by the development.
I F. Liqht Pollution
ILi
The Middle Creek Mllage development will have minimal light trespass from the residentialI buildings.
G. Floodinq
The impact is "Possibly Significant".
L.
Peak Land Consultants, lpc. addresses flooding issues in a report provided under separateI cover.It,
H. Naviqable Waterwavs and Coastal ZonesrI The impact is "Generally Not Significant".
The proposed site is not located near or affected by a navigable waterway or a coastal zone.
L Traffic and Parkinq
i The impact is'Generally Not Significant".L,
TDA of Colorado performed a traffic study. Their report is provided under separate cover.Ii. J. Energv Requirements and Potential for Conservation
The impact is "Generally Not Significant".
The proposed project is expected to result in energy conservation. The Vail Affordable Housing
I Project, Vail, Colorado incorporates principles of sustainable design and utilizes designL, strategies to reduce its energy and environmental impact. The U.S. Green Building Council's\.;
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Vail, Colorado
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Leadership in Energy and Environmental Design (LEED) rating system is here used as a
preliminary sustainable design measure of the project. As it is currently written, LEED version
2.0 is a system designed to rate new and existing commercial, institutional, and high-rise
residential buildings. lt specifically rates low-rise residential projects. The USGBC is currently
developing a residential version of the LEED rating system. Nevertheless, the sustainable
design principles embodied in LEED v. 2.0 serves as useful goals, guidelines, and measure for
sustainable features of the Vail Affordable Housing Project.
The LEED rating system consists of seven prerequisite criteria and 32 user-selected criteria
organized into five categories:
r Sustainable Site Develoomentr Water Efficiency. Energy and Atmosphere. Materials and Resourcesr lndoor Environmental Quality
LEED is a voluntary, consensus-based, market-driven building rating system based on available
proven technology that evaluates environmental performance from a "whole building"
perspective over a building's life cycle. The following preliminary LEED analysis incorporates
input from the design team to more accurately evaluate the conceptual design of the Vail
Affordable Housing Project.
K. Gonstruction
The impact is'Generally Not Significant".
Construction of the Middle,Creek Village is anticipated to commence in March 2002 and will last
for approximately 18 months, therefore any construction impacts will be temporary and of short
duration. All construction staging will be located on site and construction activities
predominantly will be confined to this site.
Contractors will be required to obtain the necessary permits and comply with all relevant town,
state and federal regulations regarding construction and safety. Potential construction impacts
are described below.
Noise
No noise-sensitive land uses are located on adjacent property. Construction hours and
noise levels will comply with the Town of Vail policies.
Disruption of Utilities
It is anticipated that there will be no disruption of utilities, and therefore no significant
impact with this activity. Construction of all utilities to serve the site will be contained
within the proposed site.
Disposal of Debris and Spoil
2850-001 Environmental lmpact Report
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Vail, Colorado
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Demolition of two buildings is required as previously referenced. All construction debris
will be disposed at an approved landfill and transported on designated truck routes. The
general contractor will be responsible for on-site cleanup and disposal of debris.
Soil fill may be required to elevate buildings above the 10O-year flood plain. Disposal of
soil is not required.
Water QualiW and Runoff
Project construction will not impact existing water quality. The general contractor will
comply with water quality requirements for site construction to meet state water quality
regulations. Best Management Practices (BMPs) will be implemented during
construction including the use of erosion control measures.
Access and Disruption of Traffic
City streets will not have any significant impact since the site is located directly off the l-
70 North Frontage Road. Any frontage road diversions will be addressed with a detour
pran.
Air Qualitv and Dust Control
Standard construction practices and BMPs will be used to control and minimize onsite
dust and emissions.
Safetv and Securitv
Standard construction safety measures will be observed on site. Town of Vail police will
ensure security.
Disruption of Businesses
No businesses are located in the immediate vicinity of the project area.
L. Aesthetics
The impact is "Generally Not Significant".
The height, mass, and materials that will be used in the proposed Middle Creek Village will
convey a sense of permanence and contextual and regional appropriateness. ln addition, the
facility design will promote an orderly circulation and efficient integration of buses, other
vehicles, and pedestrians.
M. Communitv Disruption
The impact is "Generally Not Significant'.
No businesses or residential sectors will be disrupted or displaced, and no segments of the
community will be isolated as a result of this proposed project.
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N. Secondarv Development
The impact is "Generally Not Significant".
r':i The proposed project will not generate secondary development. The project is an outcome of
the community's determination to provide affordable housing for people already employed in' Vail and are presently living in or near the community. The ploposed housing project indirectly
addresses the cause of traffic-related problems.
O. AGENCIESAND PERSONS CONSULTED
. Agencies and Personnel
, " Colorado Division of Wldlife, Vail Area - Bill Andree, Wildlife Conservation Officer
L
I ) Colorado State University, Department of Entomology, phyllus pineda
References Used
1. Colorado Natural Heritage Program, Conservation Status Handboo& Volume 3, No.
2, May 1999.
{--
2. Fish and Wldlife Service, US Department of the lnterior, National List of Plant
f Species That Occur in Wetlands: lntermountain (Region 8), Biological Report 88,td May 1988.
!-
3. Mitsch, WJ & Gosselink, JG, Weilands, Van Nostrand Reinhold, 2nd Ed, '1993.
4. Kittel, G., E. Van \Me, M. Damm, R. Rondeau, S. Ketiler, A. McMullen,and J.
Sanderson. 1999c. A Classification of Ripaian Wetland Plant Associations of
Colorado: User Guide to the C/assification Project. Colorado Natural Heritage
Program, Colorado State University, Fort Collins, CO 80523
;L. VII. SUMMARY
tI' Odell Architects, PC retained Stewart Environmental to perform an Environmental lmpact' Assessment of the proposed Middle Creek Village development located in Vail, Colorado.
Based on the findings contained in this report, the following conclusions have been drawn and
opinions and recommendations made:
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Middle Creek Village
Vail, Colorado
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Findinqs, Conclusions, Opinions and Recommendations
1. The proposed Middle Creek Village development is located adjacent to the Mountain
Bell facility, directly north across Interstate 70 from Vail Village. The proposed project
consists of multi-family housing constructed on a 6.5-acre site owned by the Town of
Vail. The project will not promote secondary development. The purpose of the project is
to provide affordable housing for people currently employed in Vail who are presently
living in or near the community. The project owner is Coughlin and Company, '140 East
19"'Ave., Suite 700, Denver Colorado 80203-1035.
2. A majority of the subject site is presently zoned "NAPD' (Natural Area Preservation
District), and a small portion of the site where two early learning centers are located is
zoned G. The proposed project will require rezoning to the designation "H" (Housing).
3. Environmental issues regarding the proposed project are addressed in reports provided
under separate cover. These include a) geologic hazards - RJ lrish, Consulting
Engineering Geologist, Inc., b) drainage issues- Peak Land Consultants, lnc., c) soils -
Koechlein Engineering, and d) traffic - TDA of Colorado.
4. Wetland issues were identified and are addressed within this report. Montane
Environmental Solutions of vail, Colorado is presently performing an indepth
investigation of the wetland issues. A letter regarding the status of their investigation is
provided under separate cover.
5. \Mldllfe uses the site; large mammals including deer and elk browse on the Serviceberry
and Current located in the Mixed Mountain Shrubland Community. Other mammals
including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden-manile Ground
Squinels, Pocket Qophers, and other rodent species likely feed and/or inhabit the site.
Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife
migratory routes appear to be located on site. Although Middle Creek is located off site
directly west of the property's western boundary, the creek is not likely used as a
migratory corridor. lnterstateTO and development adjoining the south side of l-70
preclude use of the conidor for migratory use. Middle Creek is contained within a culvert
from the north side of l-70 to its confluence with Gore Creek south of l-70.
6. No known threatened or endangered species of plants or animals have been identified at
the site. However, no on-site surveys for such species are known to have been
performed. The Colorado Natural Heritage Program's Conservation Status Handbook
(7999,) lists the status of various animals, plants and plant communities found in Eagle
County. A copy of the Eagle County list is provided in Appendix A.
We recommend having the Colorado Natural Heritage Program perform a GIS
"Environmental Review" of the subject site and adjacent area. The review searches
known ecological information regarding the status of plants, plant communities and
animals within a specified radius of the subject property. The review will report the
status of these communities.
7. The proposed Middle Creek Village will impact plant and animal communities inhabiting
the property. Site development including earth moving activities and building/parking lot
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Vail, Colorado
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construction will strip a majority of the existing native and non-native vegetation,
including noxious weeds, and displace wildlife from the approximate 6.S-acre site.
However, existing vegetation and wildlife are not site specific. Surrounding property to
the north, east and west contain vast square miles of similar plant communities, wildlife
habitat and wildlife species. The loss of these 6.5 acres does not represent a significant
impact to the plant and animal communities. Displaced wildlife will find and inhabit
nearby similar habitat.
8. The presence of Middle Creek Village will have impacts on use of adjacent property by
wildlife, particularly large mammals. Increased human presence and reflected light may
influence adjoining habitat use. Adjoining property is private so that residents of the
Village should not be using adjoining properties. Human/bear interaction is possible. All
trash dumpsters will need to be covered and otherwise made bear proof. Lighting
designed to reduce reflected light and conform to the Town of Vail building code will be
incorporated into the site design.
9. lmpact to Middle Creek from surface runoffwill be minimized. Potential imoacts include
grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of
roads. The location of accumulated snow piles resulting from plowing will be addressed.
The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel
do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle
Creek may impair water quality of the creek and potentially impact the fisheries of both
Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be
incorporated into the project design to prevent impact to Middle Creek. Construction will
be in accordance with all applicable local, state, and federal regulations and standards.
lf dewatering is required during construction, water will be retained on site.
10.A parking facility is proposed at a location just east of the Mountain Bell structure.
Middle Creek lies north and west of this area. lmpacts to the riparian corridor and
wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be
accomplished by constructing the parking area as far as possible from Middle Creek.
Drainage issues as previously referenced are also a concem in this area of the site.
Engineered drainage swales, berms, dikes, etc. will be incorporated into the project
design to prevent impact to Middle Creek.
1 1. Two displacements will result from implementation of the proposed project. The ABC
and the Leaming Tree early childhood learning centers will be displaced. The existing
buildings will be demolished and new facilities will be constructed at the southeastern
portion of the site.
State regulations require a full National Emissions Standards for Hazardous Air
Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. lf the
inspection identifies asbestos-containing materials, mitigation (abatemenVremoval) per
regulations will be performed prior to demolition of the buildings.
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Vail, Colorado
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VIII. ASSESSOR QUALIFICATIONS
Stewart Environmental has performed environmental consulting services for more than 2,800
different clients since 1980. With a staff of 25 professional engineers, scientists, and
technicians, Stewart Environmental is qualified to perform environmental lmpact assessments.
The following is a list of key Stewart Environmental personnel and their responsibilities on this
project:
Mr. Patterson (registered professional engineer) provided overall project administration and
project review. Mr. Blinderman (M.S. Natural Sciences, M.S. lndustrial Science, registered
environmental property assessor, and certified asbestos inspector) performed the records
review, site reconnaissance, interviews, local govemmental official contacts, and prepared the
report of the findings of the environmental impact assessment. Mr. Patterson reviewed the final
assessment reDort.
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This report was:
Prepared by:Under the direction of:
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Richard G. Patterson, PE
Vice President
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Environmental Scientist
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Page 14 of 142850-001 Environmental lmpact Report
Middle Creek Village
Vail, Colorado
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/- consulting Engineers and Scientids
2850-001 Midde Creek Village
Vdl, Cdorado
FIGURE 1
LOCATION MAP
August 2001
{Z' SIEWAftT EilVIRONM ENIAIA>ia COllSUl.IAt'lIS.,NC.
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2850-001 .1"Z-+tr--
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Vdl, Colorado
FIGURE 2
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Appendix A
Conservation Status Handbook, 1 999
Eagle County, Colorado
p. 147 - 149
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' ' "County: Eagle
A rnnhihian<
Sci€ntific Nalne
Bu[o horns fop I
Birds
Scientific Name
Accip er ge tilis
Aegoliut fitweus
Anphispizn belli
Eucephoio isluulicn
Cypxlo lcs niger
Falco perc8ri\tts tnhd
Gtr$ c nt ndenst s I dbitla
Fish
Scientific Name
Giln rcbwttl
O ncorhy ncl us c larki p leui tiars
Mammals
Scientific Name
Culo !|lo
Lytr c/Itndensis
P lecolu s totutse nl i i f al letacnt
Mussels and Snails
Scientific Name
Ly nraenstagnalts
Plant Communities
S<ientific Natne
A B IES L"4SIOCARP A. P ICEA
ENCELMA NNI/i/ALNUS INCA NA
ABIES USIACARPA.PICEA
EN G E LM AN N II/IA E RTENsIA CII-TA TA
ABIES t'1.SIACARPA-PICEA
ENCETM/4NNlTSAtlX
DRUMMOND/ANA
ALNUS INCANA.CORNUS SERICEA
ALNUS INCANA/MEs,iC FORB
B ET U U OCC I D E N T A LI S/fuIES IC F O RB
CARDAMTNE
CORDIFOLIA-MERTENSiA
cARE,X,{QUATILTS
Common Name
boreal toad (Southe.n Rockv !lountain
population)
Common Name
Northem Gosharvk
Boreal Owl
Sage Sparow
Barronr's Colcleneye
Black Swift
American Peregtine Falcon
Creater Sandhill Crane
Cornmon Name
roundtail chub
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APRIL 2OO1
EASTVILLAGEHOMEOWNERSASSOCIATION,INC Page I of 2
James Lamont
From: James Lamont [jflamont@vail.nel]
Sent: Monday, April 16, 2001 11:12 AM
Subject: M8DP041601/Mountain Bell Site "Design Principles."
VArr, Vrr,r,aGE HoMEowNERS AssocIATIoN, INC
President - Bob Galvin Secretary - Grena Parks Treasurer - Patrick Gramm Executive Director - Jim Lamont
Directors: Judith Berkowitz - Dolph Bridgewater - Ellie Caulkins - Alan Kosloff - Ron Langley - Bill Morton
To: Mayor Ludwig Kurz and Town Council Member
From: Jim Lamont, Executive Director
Date: April 16,2001
RE: Mountain Bell Site "Design Principles."
The Association, in support of the need for affordable housing, is considering recommending the
following "design principles" be applied to the planning and development of the Mountain Bell Site.
The Association has an interest in what occurs on the site due to its proximity, high visibility, and
strategic importance to Vail Village and its surrounding residential neighborhood.
In your consideration of establishing priorities for the development of the Mountain Bell Site, please
indicate for what reasons the following "design principles" Eue not acceptable. Based upon your
response, the Association remains open to modifying these principles.
o Respect Vail Village Master Plan by retaining one half of the site as open space, which
includes retaining open space adjacent to the Main Vail roundabout.o Integrate infrastructure support for Vail Village including, but not limited to,
communications, parking, fre protection, loading and delivery facilities.o Maximize setbacks from Middle Creek and protect natural environmental assets on the site.
o Provide a quality living experience that provides for privacy, social and economic stability,
in a neighborhood setting, with a diversity of housing types, support services, and facilities
that are functionally and aesthetically compatible with the established character of Vail
Village.o The proposed development for the site is evaluated as part of a Master Plan for the area
abutting the North Frontage Road between the Main Vail Roundabout and the United States
Post Office.
Thank you for your consideration.
Cc: Bob Galvin and Board of Directors
Interested Parties
l2t9t200l
g
9.
6.
7.
8.
To: Allison Ochs
From: Tom Kassmel
Date: 1l09l0l
Re: Mountain Bell Site
Middle Creek Comments:
I . CDOT will require guardrail if there is a2:l slope on south side of Frontage Rd.
2. Retaining walls over 4' will require PE stamped details. Any walls over 6' will
require a variance
3. Based on a typical number ofcars at drop offand pick times for the daycare,
additional spaces specifically for the daycare will be needed.
4. The proposed path shall be a minimum of l0' in width and shall extend westward
towards the pedestrian overpass for a distance to be determined based on traffic
counts.
As per Town of Vail standards, there must be 5' minimum clearance between the
feeder road and all obstructions and a l0' minimum clearance between the feeder
road and all structures (i.e. buildings and stairtowers).
Street lighting shall be provided at a minimum at each intersection.
Revised traffic study will need to be submitted.(see additional comments)
All necessary permits will be required for any work in the creek to extend existing
72" culvert.
Please provide a drainage plan showing all necessary inlets, sediment pond, sand/oil
separators, culverts, swales etc. Positive drainage away from all structures must be
provided at all times.
10. Snow storage areas must be provided within the project property boundaries (not in
CDOT ROW). Inaccessible snow storage areas will not be accepted unless a snow
management plan is submitted. This includes areas such as; areas on 2:1 grades that
flow onto roadways and structures, and areas behind retaining walls/guard rails.
I 1. An engineered Erosion Control Plan will be required for this project, as well as a
stomwater discharge permit, as per new regulations.
12. Construction fencing and limits of disturbance will be required on the site plan.
13. Further analysis will be required on the debris flow mitigation.
14. Additional wetland delineation will be required in debris flow area.
I 5. Floodplain analysis of middle creek will need to be done if decris flow embankments
fall within existing floodplain.
16. Show guardrail where necessary for all roadways and parking areas. Placed above all
retaining walls unless wall is to be extended over street level as a guard rail.
17. Show detailed grading of bus stop staging. Town was told it would be staged on
grades less than 4o/o, is this still the case?
18. Redesign roadway improvements to reflect left turn lanes and a decel lane for the bus
entrance as per traffic study.
19. CDOT access permit required.
19. See additional comments for Traffic, Environmental and Hazard mitigation report.