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HomeMy WebLinkAboutRock Fall Mitigation - Executive SessionMEMORANDUM TO: Vail Town Council FROM: Community Development Department Town Attorney's Office DATE: April 19, 2011 SUBJECT: Conveyance of Rockfall Hazard Area Proposal Purpose The purpose of this memorandum is to present a conveyance of rockfall hazard area proposal, dated March 31, 2011, received from the Briar Patch Association to the Vail Town Council for review and consideration. Staff is recommending the Town Council responds to the Association's proposal with a counter proposal consistent with the "recommended terms of conveyance" outlined in the section below Background On March 31, 2011, the law 'firm of Sherman &Howard, L. L. C., presented a proposal to convey a rockfall hazard area to the Town of Vail. (A copy of the proposal has been attached for reference.) The proposal was presented in response to the Town's inquiries regarding the conveyance of a portion of land presently owned by the Briar Patch Association. The Town's interest in acquiring the rockfall hazard area is to facilitate the construction of rockfall hazard mitigation improvements on the land to accommodate the redevelopment of the eastern 5.24 acres of the Timber Ridge Village Apartments. Proposed Terms of Conveyance Recommended Terms of Conveyance 1. The purchase price shall be $320,000. 1. The recommended purchase price shall be $280,000 2. The Association shall convey 2. Agree approximately +/-3.611 acres of land to the Town of Vail. 3. Title insurance shall be provided by the 3. Agree Association under a standard ALTA policy in a form acceptable to the Town. 4. A portion of right of way along Buffehr 4. A portion of right of way along Buffehr Creek Road shall be vacated. Creek Road shall be vacated subject to a road maintenance easement agreement. 5. The Association and the Town shall 5. Agree proceed immediately with the preparation of the subdivision application. 6. The Association and the Town shall 6. Agree jOintly pursue an application to replat the subdivision creating the land area to be conveyed. 7. No change in zoning or additional 7. The Town may pursue an application developments right shall be granted. to rezone the land to Natural Area Preservation District at the Town's discretion. 8. The land area conveyed to the Town 8. Agree shall remain open space in perpetuity. 9. No vertical rockfall mitigation 9. Agree improvements shall be installed on the land. 10. Closing shall occur within 30 days of 10. Agree the final recording of the replat. 11. No additional developments shall be 11. Agree granted to the Association. 12. Conveyance shall be evidenced by a 12. Agree general warranty deed. 13. The Association shall immediately 13. Agree pursue an amendment to the subdivision declarations confirming the approval of the conveyance by the Association and the Association's authority to act on behalf of the owners to consummate the conveyance. 14. The Town agrees to pay one half of the 14. The cost of the legal fees incurred in legal fees incurred by the Association the conveyance process shall be not to exceed $7,000. included in the cost of the replat. Total costs to the Town of the replat process and legal fees shall not exceed $10,000. Rockfall Mitigation Options The Town staff has presented, and the Vail Town Council has considered, no less than seven options for mitigating the high severity rockfall hazard impacting the Timber Ridge redevelopment site. Every option considered has the ability to effectively mitigate the hazard and comply with the Town's adopted Hazard Regulations. The substantive difference between the options is cost to construct and the aesthetic impacts on the surrounding area. Copies of staff memorandums to the Vail Town Council outlining rockfall mitigation options and comparative costs have been attached for reference. Recommendation Town staff recommends the Vail Town Council instructs staff to present the recommended terms of conveyance to the Briar Patch Association for acceptance and subsequently pursue Rockfall Mitigation Option #2, as outlined in the staff memorandum dated February 1. 2011 (attached) Staff recommends acquiring the land through the use of real estate transfer tax funds. Staff's recommendation is based upon the following facts: 2 • The recommended purchase price of $280,000. • The portion of Buffehr Creek Road right of way to be vacated remains accessible to the Town for public road purposes pursuant to a road maintenance easement agreement. • Rockfall Mitigation Option #2 does not require vertical rockfall mitigation improvements to construct. • The total cost to construct Rockfall Mitigation Option #2 and to acquire the rockfall hazard area (+1-$290,000) is substantially less than the total cost to construct the rockfall mitigation improvements on town-owned land adjacent to the development site (+1-$1.2-$1.3 mil). • The negative aesthetic impacts of the Rockfall Mitigation Option # 2 are the least of all options considered. The only option less impactful aesthetically would be to incorporate the required mitigation into the structural design of the proposed buildings. However, given the status of the proposed Timber Ridge redevelopment application that is no longer a realistic option for consideration. Attachments Briar Patch Association Proposal to Convey Rockfall Hazard Area, dated March 31, 2011 Exhibit, Parcels A through F, Fourth Amendment to the Residences at Briar Patch Draft Amended Final Plat, Fifth Amendment to the Residence.s at Briar Patch Draft Amended Final Plat, Fifth Amendment to the Residences at Briar Patch wltopo Aerial Photograph of the Residences at Briar Patch Subdivision Staff memorandum, dated February 1, 2011 Venter Rockfall Mitigation Recommendation Compliance Letter, dated January 26, 2011 Rockfall Mitigation above the Timber Ridge Apartments in Vail, Colorado, Venter Report, dated October 29, 2010. Staff memorandum, dated August 3,2010 Staff memorandum, dated July 20,2010 3 AITORNEYS & COUNSELORS AT LAW 1000 SOUTH FRONTAGE ROAD WEST, SUITE 200 VAIL, COLORADO 81657 Sherman & Howard L.L.C. TELEPHONE: (970) 476-7646 FAX: (970) 476-7118 www.sHERMANHOWARD.COM Wendy St. Charles Direct Dial Number: (970) 790-1612 E-mail: WStcharles@ShermanHoward.com March 31, 2011 VIA FACSIMILE, EMAIL AND FIRST CLASS MAIL Town of Vail Community Development Department Attn: George Ruther, AICP, Director 75 South Frontage Rd. Vail, CO 81657 Re: Proposal to Convey Rockfall Hazard Area Dear Mr. Ruther: As relayed in our meetings to date, our firm represents Briar Patch Association (the "Association") with respect to discussions with the Town of Vail (the "Town") and the Town's interest in the hillside area above Lions Ridge Loop. We understand the Town has determined that a portion of the hillside contains potential rockfall hazards that require mitigation to preserve and protect the community below. The area of interest is a portion of the common parcel benefitting "The Residence at Briar Patch" subdivision (the "Subdivision") and is owned by the Association. The Association and its members are pleased to work with the Town to enable the Town to move forward with mitigating the potential rockfall hazard by conveying approximately 3.291 acres (and potentially up to 3.611 acres) ofthe subject hillside to the Town on the following terms: • The proposed purchase price for the area of interest identified as the "Town Parcel," together with the crosshatched area on the draft "Fourth Amendment to The Residences at Briar Patch" attached hereto (the "Replat") is $320,000 (approximately $88,618.00 per acre). The core area to be conveyed to the Town consists of 3.291 acres, and the crosshatched area adjacent to Buffehr Creek Road consists ofan additional .320 acres. • The conveyance will occur in conjunction with the Replat ofthe Subdivision to be undertaken by the Association and the Town. • The Association and the Town will be joint applicants in the application to replat the Subdivision. The Replat will create a separate legal parcel for the area to be conveyed to the Town and will create legal lots (as opposed to the existing Shennan & Howard L.L.C. George Ruther, AICP March 31, 2011 Page 2 building envelopes) for the five single family residences in the Subdivision as proposed on the Replat. • There will be no change in zoning (currently cluster zoning) and no development rights for additional structures in the Subdivision will be sought or granted. • The conveyance to the Town will be evidenced by a general warranty deed. • Title in the land conveyed will be insured under a standard ALTA fonn policy, in a fonn acceptable to the Town. • The Town and Association will share equally in the cost of the Replat. • The existing right-of-way along the southerly side of BufIehr Creek Road will be vacated. • The land conveyed to the Town will remain open space in perpetuity with covenants in place restricting development of any nature in the future. No public access will be allowed given the hazardous nature of the area and no improvements of any nature will be allowed to be constructed in the future, such that the only activity to occur on the land conveyed to the Town shall be rockfall hazard mitigation work. No vertical improvements will be installed, including with respect to the rockfall hazard mitigation, to preserve and protect views and the current appeal of the Subdivision. • The Association will proceed immediately with preparing the application for the Replat of the Subdivision. • Closing shall occur on the later of (i) 30 days from the date of the Town's fmal approval ofthe tenns ofthe conveyance, and (ii) fmal approval and recording of the Replat. • The declaration recorded against the Subdivision will be amended to confinn approval of the conveyance to the Town by the members of the Association and the Association's authority to act on behalf of the owners to consummate the conveyance of the area ofinterest to the Town. • The Town and Association agree to share equally in the costs incurred in the conveyance and Replat process and the Town agrees to pay one half of the legal fees incurred by the Association not to exceed Seven Thousand Dollars ($7,000.00) as to the Town's share. Shennan & Howard L.L.C. George Ruther, AICP March 31, 2011 Page 3 Provided the Town approves the tenns for the conveyance as outlined above the Association's counsel will prepare, a definitive agreement with such additional tenns as may be appropriate to facilitate and effect the conveyance to the Town in conjunction with the Replat. We look forward to working with the Town to finalize tenns for the conveyance as expeditiously as possible. Sincerely, ~. Wendy St. Charles WSTC:nlf Encl. Replat Map cc: Thomas Bogard, Briar Patch Association MEMORANDUM TO: Vail Town Council FROM: Community Development Department Public Works Department DATE: August 3, 2010 SUBJECT: Timber Ridge Redevelopment Update and Geologic Hazard Mitigation Update Significant progress has been made since the last formal update to the Town Council on April 6, 2010, on the review of the development applications associated with the redevelopment of Timber Ridge Village Apartments. The applicant, Vail Timber Ridge LLC has appeared before the Town of Vail Design Review Board at four public meetings to receive conceptual review of the proposed plans. To date, the applicant has been responding favorably to the input and comments shared by the Board. At this time, the applicant is scheduled for a final review of the design review application by the Town of Vail Design Review Board on Wednesday, August 4th. The Town staff and the applicant have also been evaluating additional options for the mitigation of the geologic hazards directly affecting the site. In addition to the four previously explored mitigation options, three alternate options have been developed and evaluated. All together, a total of seven options have been studied. One option has been eliminated as it is generally impractical to implement. Action Requested of Town Council The Town staff is requesting direction from the Vail Town Council on which two rockfall mitigation options should be further evaluated for possible implementation. Pursuant to the pre-development agreement with Vail Timber Ridge LLC, the Town of Vail and Vail Timber Ridge LLC are obligated to cost share (50/50) the evaluation and subsequent design of the rockfall mitigation improvements. The Town of Vail is obligated to pay for the cost of constructing the improvements. Following the staff presentation, the Town Council is being asked to select two options for further evaluation and study. Based upon the Town Council's direction staff will work cooperatively with the applicant to assemble more detailed design drawings and construction cost estimates. Background Pursuant to the Official Hazard Map of the Town of Vail adopted by the Vail Town Council, the Timber Ridge redevelopment site is located within a high severity rockfall hazard zone. A site specific geologic hazard report prepared by HP Geotech reaffirms this designation and has concluded that the site can be developed provided mitigation can be accomplished to reduce the danger to the public health and safety and to protect the inhabitants of the Town from the hazard. The Town of Vail may not exempt itself from the adopted hazard regulations without first adopting amendments to the Zoning Regulations. Purpose The purpose of this memorandum is to generally describe each of the options and provide a list of pros and cons associated with each. In the end, the staff and applicant are requesting design direction from the Town Council on which option(s) to pursue. Pursuant to the Zoning Regulations of the Town of Vail, a final review can not be heard until a final geologic hazard mitigation plan is submitted and approved in accordance with Chapter 21 of the Zoning Regulations. Next Steps Pursuant to the conditions of approval, the Developer is scheduled to appear before the Town of Vail Planning & Environmental Commission on Monday, August 23rd to present a revised landscape plan and site plan. Among other obligations, the revised site plan must include the proposed geologic hazard mitigation measures proposed for the project. Geologic Hazard Mitigation Options According to the Official Town of Vail Geologic Hazards Map, the Timber Ridge redevelopment site is located with a high severity rockfall hazard zone. The findings of a site specific geologic hazards study (HP Geotech, 2009) concluded that future rockfall is likely infrequent but has the potential to present a significant risk to the proposed redevelopment. With this in mind, a number of conceptual rockfall mitigation options were proposed. The Colorado Rockfall Simulation Program was used to evaluate the rockfall dynamics for each of the mitigation options. Staff has reviewed six possible options for rockfall mitigation for the proposed redevelopment. The options include wire rope net barriers, a mechanically stabilized earth (MSE) barrier and outcrop stabilization. In addition to the differing types of mitigation, a number of different locations were considered. The locations include high up on the hillside immediately adjacent to the rock outcrop, midway down the slope, along the top of the existing road cut and along the north or south edges of Lions Ridge Loop. All options are viable and could be constructed to achieve a 90% or 98% level of probability. All options require the construction of 900 -1,000 feet of rockfall mitigation and the creation of an access and maintenance easement. The estimated cost of each option assumes a 90% confidence level of protection probability. Option 1: MSE BaFFier (option disregarded due to impracticalities) Option 2: Wire Rope Net Barrier on the Property The wire rope net barrier requires a retained fill bench to be constructed wide enough to accommodate the barrier. Construction access is off of Lions Ridge Loop. The barrier is approximately 15 feet tall in height. Estimated Cost -$1,490,000 2 Pros • Mitigation is located on the development site • Largely screened from view by the buildings • Does not require permission from adjoining property owners to construct • Can be screened visually with landscaping • Ease of access and maintenance Cons • Requires construction of a costly down slope retaining wall • Affects on site snow removal operations • Requires changes to on site retaining wall system design • Does not protect the road • Least cost effective option Option 3: Wire Rope Net Barrier at the Rock Outcrop The wire rope net barrier would be constructed along the base of the rock outcrop up on the hillside. A temporary access trail/road or helicopter would provide access to the barrier location for construction. The barrier is approximately 10 feet tall in height. Estimated Cost -$600,000 -$650,000 Pros • Requires a 50% shorter net barrier height when compared to other options • Protects the road and the Timber Ridge residents Cons • Requires the mitigation to be constructed on Town of Vail Open Space • Requires permission from adjoining property owners to construct • Greater negative visual impacts • Costly construction access via helicopter or foot paths • Site disturbance caused by temporary access road/trail Option 4: Wire Rope Net Barrier above Lions Ridge Loop The wire rope net barrier would be constructed along the top of the road cut of Lions Ridge Loop. Construction would require crane access from Lions Ridge Loop. The barrier is approximately 11 feet tall in height. Estimated Cost -$400,000 -$430,000 Pros • Protects the road and the Timber Ridge residents • Ease of access and maintenance • Results in a lower net height • Most cost effective option • Maintains two way traffic on Lions Ridge Loop Cons • Requires permission from adjacent property owners to construct • More difficult to screen from view with landscaping • Greater negative visual impacts • Requires mitigation to be constructed on Town of Vail Open Space 3 Option 5: Outcrop Stabilization The anchored outcrop stabilization (hair net) will be achieved by pinning a flexible steel mesh on the outcrops with grouted rock bolts. A temporary access trail/road or helicopter would provide access to the barrier location for construction. The outcrop stabilization would be approximately 113,220 square feet or 2.6 acres in size. Estimated Cost -$640,000 -$690.000 Pros • Mitigates the hazard directly at the source • Very low maintenance once constructed • Could be visually screened with native landscaping Cons • Requires the mitigation to be constructed on Town of Vail Open Space • Requires permission from adjoining property owners to construct • Costly construction access via helicopter or foot paths • Site disturbance caused by temporary access road/trail Option 6: Wire Rope Net Barrier above a New Wall along Lions Ridge Loop The wire rope net barrier would be constructed atop a retained fill bench located on the north side of Lions Ridge. Lions Ridge Loop would shift about six feet to the south. Construction access is off of Lions Ridge Loop. The barrier is approximately 11 feet tall in height. Estimated Cost -$810,000 -$890,000 Pros • Does not require permission from adjoining property owner to construct • Protects the road and the Timber Ridge residents • Ease of access and maintenance Cons • May impact existing traffic patterns in the area • Requires the relocation of existing utility lines • A more costly option given the road relocation required Option 7: Wire Rope Net Barrier on Property with Relocated Lions Ridge Loop The wire rope net barrier would be constructed atop a retained fill bench located along the southerly edge of Lions Ridge Loop. Lions Ridge Loop would be slightly realigned to the north (+/-10 feet) to accommodate the fill bench. The barrier is approximately 20 feet tall in height. Construction access is off of Lions Ridge Loop. Estimated Cost ­ $596,000 -$656,000 Pros • Maintains two way traffic on Lions Ridge Loop • Does not require the relocation of existing utility lines • Can be screened visually with landscaping • Ease of access and maintenance • Largely screened from view by the buildings • Mitigation takes place adjacent to the development 4 Cons • Requires the mitigation to be constructed on Town of Vail right-of-way • Greater negative visual impacts due to higher fence height • Requires road to be relocated Staff Recommendation The Town staff is recommending that the Vail Town Council instructs the staff and Vail Timber Ridge LLC to pursue further evaluation and study of Option # 4 and Option #7. Staff's recommendation is based upon our review and understanding of: 1) the applicable Zoning Regulations, 2) the engineering involved in constructing the mitigation improvements, 3) the pros and cons associated with each of the options, 4) the estimated cost of the improvements, and 5) the practical realities associated with each of the options. For instance, both Option #4 and Option#7 can be constructed with little, if any, negative impacts to the surrounding area. Construction access and future maintenance can be provided via Lions Ridge Loop. Each of the Options allows for the visual impacts associated with the rockfall mitigation to be screened with landscaping. In both instances access and availability of water for irrigation and maintenance is easily accommodated. Unlike other options, it is likely that a significant portion of the future buildings will screen the view of mitigation improvements. Neither Option requires the relocation of public utilities. Staff recommends that the Vail Town Council instructs staff and Vail Timber Ridge LLC to pursue further evaluation and study of Option #4 and Option #7. At this time, staff projects that the cost of said work to be approximately $7.500 -$10,000 and roughly 45 days to complete. 5 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE : July 20, 2010 SUBJECT: Timber Ridge Redevelopment Update and Geologic Hazard Mitigation I. Update Significant progress has been made since the last formal update to the Town Council on April 6, 2010, on the review of the development applications associated with the redevelopment of Timber Ridge Village Apartments. The applicant, Vail Timber Ridge LLC has appeared before the Town of Vail Design Review Board at four public meetings to receive conceptual review of the proposed plans. To date, the applicant has been responding favorably to the input and comments shared by the Board. The Town staff and the applicant have also been evaluating additional options for the mitigation of the geologic hazards directly affecting the site. In addition to the four previously explored mitigation options, three alternate options have been developed and evaluated. All together, a total of seven options have been studied. II. Purpose The purpose of this memorandum is to generally describe each of the options and provide a list of pros and cons associated with each . In the end, the staff and applicant are requesting design direction from the Town Council on which option(s) to pursue. Pursuant to the Zoning Regulations of the Town of Vail. a final review can not be heard until a final geologic hazard mitigation plan is submitted and approved in accordance with Chapter 21 of the Zoning Regulations. III. Next Steps Pursuant to the conditions of approval, the Developer is scheduled to appear before the Town of Vail Planning & Environmental Commission on Monday, July 26th to present a revised landscape plan and site plan. Among other obligations, the revised site plan must include the proposed geologic hazard mitigation measures proposed for the project. IV. Geologic Hazard Mitigation Options According to the Official Town of Vail Geologic Hazards Map, the Timber Ridge redevelopment site is located with a high severity rockfall hazard zone. The findings of a site specific geologic hazards study (HP Geotech, 2009) concluded that future rockfall is likely infrequent but has the potential to present a significant risk to the proposed redevelopment. With this in mind, a number of conceptual rockfall mitigation options were proposed. The Colorado Rockfall Simulation Program was used to evaluate the rockfall dynamics for each of the mitigation options. Staff has reviewed seven possible options for rockfall mitigation for the proposed redevelopment. The options include wire rope net barriers, a mechanically stabilized earth (MSE) barrier and outcrop stabilization. In addition to the differing types of mitigation, a number of different locations were considered . The locations include high up on the hiilside immediately adjacent to the rock outcrop, midway down the slope, along the top of the existing road cut and along the south edge of Lionsridge Loop. All options are viable and could be constructed to achieve a 90% or 98% level of probability. All options require the construction of 900 -1,000 feet of rockfall mitigation and the creation of an access and maintenance easement. Option 1: MSE Barrier The MSE barrier requires a nearly level, retained fill bench to be constructed wide enough to accommodate the 15 foot wide barrier. Construction access is off of Lionsridge Loop. The barrier is 20 feet tall in height. Cost- Pros • Mitigation is located on the development site • Largely screened from view by the buildings • Does not require permission from adjoining property owner to construct • Ease of access and maintenance Cons • Requires construction of a costly down slope retaining wall system • Affects on site snow removal operations • Requires changes to on site retaining wall system design • Requires a 20 foot tall x 15 foot tall earthen barrier • Requires a significant amount of land area to construct Option 2: Wire Rope Net Barrier on the Property The wire rope net barrier requires a retained fill bench to be constructed wide enough to accommodate the barrier. Construction access is off of Lionsridge Loop. The barrier is approximately 15 feet tall in height. Cost- Pros • Mitigation is located on the development site • Largely screened from view by the buildings • Does not require permission from adjoining property owners to construct • Can be screened visually with landscaping • Ease of access and maintenance Cons • Requires construction of a costly down slope retaining wall • Affects on site snow removal operations • Requires changes to on site retaining wall system design Option 3: Wire Rope Net Barrier at the Rock Outcrop The wire rope net barrier would be constructed along the base of the rock outcrop up on the hillside. A temporary access trail/road or helicopter would provide access to the 2 barrier location for construction. The barrier is approximately 10 feet tall in height. Cost Pros • Requires a 50% shorter net barrier height when compared to other options Cons • Requires the mitigation to be constructed on Town of Vail Open Space • Requires permission from adjoining property owners to construction • Negative visual impacts • Costly construction access via helicopter • Site disturbance caused by temporary access road/trail Option 4: Wire Rope Net Barrier above Lionsridge Loop The wire rope net barrier would be constructed along the top of the road cut of Lionsridge Loop. Construction would require crane access from Lionsridge Loop. The barrier is approximately 11 feet tall in height. Cost- Pros Cons Option 5: Outcrop Stabilization The anchored outcrop stabilization (hair net) will be achieved by pinning a flexible steel mesh on the outcrops with grouted rock bolts. A temporary access trail/road or helicopter would provide access to the barrier location for construction. The outcrop stabilization would be approximately 113,220 square feet or 2.6 acres in size. Cost- Pros Cons Option 6: Wire Rope Net Barrier above One Way Lionsridge Loop The wire rope net barrier would be constructed atop a retained fill bench located on the westbound lane of Lionsridge. Lionsridge Loop would become a one way or single lane street. Construction access is off of Lionsridge Loop. The barrier is approximately feet tall in height. Cost- Pros Cons Option 7: Wire Rope Net Barrier on Property with Relocated Lionsridge Loop The wire rope net barrier would be constructed atop a retained fill bench located along the northerly edge of Lionsridge Loop. Lionsridge Loop would be slightly realigned to the south (+/-10 feet) to accommodate the fill bench. Construction access is off of Lionsridge Loop. Cost- Pros 3 Cons v. Town Council Action The staff and applicant are requesting design direction from the Town Council on which option(s) to pursue. 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