HomeMy WebLinkAboutUNPLATTED SHAPIRO BARN(t
IETMAY221991
aru)
APPLICATION & REPORTS
SPECIAL DEVELO
A.L SHAPIRO RESIDENCE
VAIL, COLORADO.
DISTRICT
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. ,',APPLICATION FORM FOR SPECIAt DEVELOPMENT- .' . -. ;,.l;r:l::ijr :,1,...: DISTRICT DEVEL,OPMENT PIAN,.., l:.,, ;,,
.- "..,11.i ',".; l.*-,,
., . :j t
r. TIri"' procedure J.s requJ-red for any proj ect that rrourd go
::. through the Speclal Developnent oislri6t procedure
_ The application wi
., is submitted.11 not be accepted until all lnfornation
Box 1448UAILTNG ADDRESS
pttolls 476-35n
Bachrach Ltd. (Erwin Bachrach)
81658 pHoNE 476-2636ADDRESS
. 9: .I,,rP,ROPERTY
OIYNERI g
MAILING
D. LOCATION
SIGNAEURE
ADDRESS A.
OF PROPOSAL:
APPLTCATTON FEE -B'D€<6
A Part of the SE l. SEi Section I.
T 53, R 811',1 6th P.M.
6 tso.et ,r-PAIDj__ DATE_ CHECK #_E.
F.A tist of the nanes of owners of all property adjacent tothe subject property and their mailin| ahare-sseJl
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(4) copies of the following information:
!e!3i.|e$ written/graphic description of proposat;Exhibit A
An environmental inpact report shall be subnitted o thezoning adninistratol in aciordance wiitr irript.i-ie.sehereof unless waived by Section Lg.5G.O3O, ixernptprojects;
An open space and recreational plan sufficient to rueetthe -denands generated by the deieropr.ni-wiiiioui-unauepurden on available or proposed public facilities;
Existing contours having contour intervals of not rnorethan five feet if the aierag" =iop. of the site istwenty percent or less, or iittr c6ntour intervirs- ornot more than ten feet lf the average slope of ihe sitels greater than twenty percent.'
A proposeg =i!" plan, at a scale not smaller than one
+l:1.?Suuts fifty feet, showing the approximaterocar,i.ons and dimensi.ons of a1i buiidiirgs andstructures, uses therein, and all principai- =it"development features, such as landlcapea'aieas, -
recreational facilities. pedestrian piazas and'walkways, service entriisl driveways, and off-streetparking and loading areas with proposed contours aftergrading and site development;
than one Inch equals iifly f,eet, showing exfeilng--- .landscape featuies to be'ietainia or ieioved, andshowing proposed landscaping and landscapeA iitedeveroprnent- features, suLtr is outdoor reireationatfacilities, bicycle paths, trails, pedestrJ.an pia-as,.. and.walkways, water features and other elenenti; , ..r.
' ....1,...' ;
.c. ' ; Prelirainary building.elevatl.ons, sections,' and floor
. ..,!r::ri-. plans, at a scale not snaller than one-eiintfr eguals.. 'i.'t: one foot, .in suff,icient,detail to deterniie.floo-r area,gross. residential floor'arear'interior crrcuiiir6ri;- --"
locations of uses vithin buJ.Idings, and the generaiscale and appearance of the proposia dewelopient:.,.(,,
fII. Time Reguirenents ; 'A
The PLanning and Environrnentar conmission neetsi on the 2ndand 4th Mondays of each month. An application with thenecessary acconpanying material rnust be subnitted four weeksprior to the date of the neetlng. -. I .. . .i
NorE; rt is recommended that before a special Deveropment. District application is subnittedl a review ani cornrnentrneeting should be set up wittr the Departnent ofConmunity Development. .
II. Four
A.
B.
N/A C.
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Agr i
Agr i
3000
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This site and location is un.i que and different from any- l.ot.in
Vail and probably wil't not be dupiicated in the history_of V1iJ.
Therefore'jt should be treated as a Special Development Dj.strict'
The only changes being requested irom the now permitted zoning
requlatjons is to increase the resjdence's GRFA to a practical-si1q
;;;-;lingi" iurify resjdence and jn return, the applicant wi'll add
an emploiee housing unit to the residence (which the Town is
encouragi-ng in return f or increased GRFA).-
Th; aiplicant herewith agrees in writing^_tirat the employee
unit shal't 'not be sold as per -ordlnance 18.13'080 810'- Ttre employee tLousing unit would free an exjsting.employee.unit
that would othLrwise have to be occupjed by a caretaker couple to
be hired by the aPPl icant.Bi grinting 5bo zoning to thjs unique and g!q of a kind s'ite,
it eliminates the "speciai privilege" and "setting a precedent"
piolt"r that might otherwise exist under the present zoning by way
of a vari ance.- ifre granting of the SDD would have no negative impact on
anyone Jr inytfring nor would jt have any negat'i ve. effect on light'
;i;; d'istributi6n of population, - trinsportation, traffic
facilities, utilities or public safety
The applicant intendi to build under the existing z.o11is !]lthe Permitted and Accessory use items in any event, even it tne )uu
approvat.i s not granted. -However, it wou]d b9 unfortunate if the
ibiln cou td not b6nefit from the Employee housing opportunitJ:-- The app'l jcant intends to work closely with the Town Staff to
make thls 'SbO a res'i dence that will be a compliment to Vail.
In summary, the only change in the exis-ting zoning would be
the applicant'i agreeing !o invest in an employee housing unlt ln
exchahge for additional GRFA for the residence'
Descri pt ion of
or reques
e l'arce
n
ro
Legal DescrjPtion:
Under'l ying Zoning:
Proposed SPeci a l
ffiiTFm--err.iFDTffr i ct :
Acre age :
EXHIBIT A
May 17, 1991
ro osed Spec ial Devel opment Distri ct on a Lions
es'l dence - an cant's us carl0n
ec r a eve lopmen strlc z0n'rn
cultural 0pen SPace
cultural with permission for a nomjnal
Sq. Ft. Residence
A part of the SE 1/4 SE 1/4 Section 1,
T5S, R81W, 6th P.M.
Town of Vai I , Eagl e County, Col orado '
6.844 Acres; APx. 400,000 Sq. Ft'
Buildable area at less than 40% slope;
1 .464 Acres ; APX . 63, 788 Sq. Ft '
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Proposed GRFA:
----Fesi
dence, nomi nal
Proposed Development:
Lot Coverage:
A single f ami ly residence with
employee housing, a 3 car garage,
horse barn and a greenhouse.
A'l I in low profile Santa Fe style.
Height not to exceed 25 Ft. at anY
separate
a 3-stal'l
po i nt .
& al I owance
Total
Emp'loyee Housing
Garage
Barn
Greenhouse
es j dences and Garage
Barn
Greenhouse
Total
Thi s represents 1.8% of
bui ldable area.
3000 Sq. Ft.
425 (per 18. 09. 080 )T4B
1200
900
't 500
162
5400 Sq. Ft.
1600
tol
TT62entire parcel or 11.?3% ot
Dr i veway:A paved driveway, 12 Ft. wide and
development. A 65 Ft. turn around
adjacent to the main structure.
The driveway and turn around hassafety railings where needed. It
mum vi sual impact.
10S grade to serve thefor fjre equipment is
retaining walls and
i s des i gned for mj ni -
Conti quous 0wners:rcEast:U.S.ForestServjce;BoX190,MjnturnoC0
81645.South: Town of Vail (abandoned Lion's Ridge Loop Road)
South of abandoned road.Lot A3 Dwight D. Racippo & Partners,6030 La Casa Ridge
Loop, Dallas, TX.
Lots A1 & A2 Reinforced Earth Co., 2010 Corporate Ridge
Suite 'l 000, McLean, UA 22102.t,|est: Lionsri dge Subdjvjsjon, filing 4 Homeowner Asso-
ciation, Vai1, C0 81658.
Docunents Submi tted:ffimpact Report;
by: Hydrosphere Resource Consultants,
Archeol ogi ca l Report:
by: Metcalf Archeological Consultants
Bob l.leaver
,Inc, Michael D. Metcalf2.
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3. Geol
by:
4. Drai
by:
Engi
ogi ca1 Report;
Nicholas Lampiris'
Report;
Inc. i Kevj n
nPh
n age
RBD,
neer
Gi ngery,P. E. , Kent Rose, P. E. ,Proj ect
Drawi nqs Submi tted :
urav{r ngs
produced bY D
RBDr,, Inc.
wg . tlo.
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2
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4
5
Ti t'le
Dri veway p I an & Profi 1e
tl ll ll
'r Cross sections
& Construction detai I s
nlt
" and retai n wa'l I detai l
Scale
1tr=501
tl
1" =20' / 10'
tl
s various
Eagl e Val I ey
Surveyi ng, Inc
EVS, Inc. and
Bachrach
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Dwg. No
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1-A
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Ti t'l e
Topographic SurveY(exjsting land)
Bui ldable areaSite plan
u u Util Trenchu u UtiI Lines
Landscape Pl an
Land Profi I es
Mai n Level Fl oor Pl an
Lower Level Floor Plan
Elevation of Residences
Sections thru Residences
Plans & Elevations of
barn & greenhouse
Sca le
1u =501
1tt=20t
1tt =20 |
1rr=501
1" -20'
1" =20'
1u =20'
I /$" ='l '-Q"1/$t'='l '-Qtt'l/$"=1r-0rl
'l /S'r=1 r-0rl
1f$"=1 '-0u
Respectful lY submi tted '
Abe Shapi ro
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EM/IROIII{ENTAI. A88E8SilENE
Sbapiro Residence and DrivewayVail, colorado
Uay 20, 1991
UNIAED sTATEs DEPART}IENT OF AGRICUIJTI'RE
FOREST SERVICE, ROCKY ttOItNTAItt REGION
rEITE RTVER NITXOIIAL FOREAT
ITOLY CROSS RANGER DISTRICT
Prepared by
Hydrosphere Resource Consultants, Inc.
1002 Walnut Street, Suite 200Boulder, Colorado 80302(303) 443-7839
Prepared under the direction ofWillian A. Wood and Tin Grantham
Holy Cross Ranger District
White River National Forest
Minturn, Colorado
rABLE OF CONTEN'IE
Page
t-I.
II.
PREFACE
PI'RPOSE AND NEED
A.
B.
c.
D.
The Proposed Action
Background and Previous Decisions
Public Notification and ScopingPublic Issues and Concerns
1. Vail Construction Code Requirements2. Legal Public Access To National Forest Lands3. Access To Private Lands4. Visual Impacts
Alternatives ConsideredE.
1. Alternative A -- No Action2. Alternative B -- The Proposed Action
III. AFFECTED ENVIRONMENT
ceologySoil Resources
Water Resources
VegetationRiparian Areas and Wetlands
Fish and Wildlife
Threatened or Endangered Species
Socio-economic EnvironrnentAir QualityVisual Resources
CulturaL Resources
Surrounding Federal Lands and Forest Service
Land Use Plans
Recreation and Access to Public Lands
ENVIRONMENTAL CONSEQUENCES
ceologySoiI Resources
Water Resources
Vegetation
Riparian Areas and Wetlands
Fish and wildlife
Threatened or Endangered Species
Socioeconomic Inpacts
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Table of coDtents cont.
Pa(re
I. Air quality 15J. Visua1 Resources 15K. Cultural. Resources L5L. Surrounding Federal Lands and Forest Service
Land Use Plans l-5l.{. Recreation and Access to Public Lands 16N. Irreversible Connitnent of Resources 15O. Irretrievable Cornmitnent of Resources 16
V. CONSULTATION AND COORDINATION L7
VI . LIST OF PREPARERS ]-8
VII. LIST OF REFERENCES L9
VIII. LIST OF APPENDTCES 20
Appendix A: Application for Special Use Pernit for
construction of the Shapiro Driveway
Appendix B: Location Map
Appendix C: Letter from the Colorado state Historic
Preservation Officer
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I. DREFACE
An environmental assessment is not a decision document. It isa document disclosing the environmental consequences of
irnplementing the proposed action. It is an important document for
Federal, State, and Local governments to use in arriving at theirindividual decisions regarding the proposed action and alternativesto it.
the environrnental conseguences on lands, activities, andresources administered by other Federal, State, and Localjurisdictions resulting fron the proposed action have also been
disclosed in this environmental assessment. Through cooperation,other Federal, State, and Local jurisdictions have assisted in the
disclosure of environrnental consequences and development ofalternatives to the proposed action.
The Forest Service decision will relate only to lands
administered by the Forest Service and wiII be documented in a
decision notice. Decisions by other jurisdictions to issue or not
issue approvals related to this proposal can be nade by them based
on the disclosure of inpacts available in this document.
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II. PURPOSE AND NEED
A. Ths Proposed Action
on November 28 | L989, an application for a Special Use pernit
was filed by Abe Shapiro to acquire access across National Forest
land west of Red Sandstone Creek. (See Appendix A.) Mr. Shapiro
intends to construct a residence on his property, which is zoned
for such use. This Environmental Assessment will address the
impacts and concerns related to developnent of the proposed
driveway and residence.
The driveway would consist of approximately 7oO feet of
roadway on National Forest land. The alj-gnrnent of an abandoned
roadway which was originally developed by the Town of vail and
later reclained would be followed to the extent possible. This
would include use of an existing crossing of Red sandstone Creek.
The width of the driveway would be the rninimum width allowed by
town code of L2 feet with L foot of shoulder on the downhill side
and 2 feet for curb and gutter on the uphill side. The driveway
has been designed to meet construction standards of the Town of
VaiI. The map at Appendix B shows the location of the access road
and the private property.
a. Bactgrounil and Previous Decisions
Mr. Shapiro applied for a Forest Service Special Use Permit on
November 28, l-989. The proposed action appears to be the rnost
feasible access to this property for the development as currentlyplanned. Absent compelling reasons of policy or environnental
impact, the Forest Service policy is to grant access to private
landowners where no other feasible access is available. The area
is zoned Agriculture and open Space by the Town of vail; this
category allows the construction of a residential dwelling unit
with a maxinun gross residential floor area (GRFA) of 2,000 square
feet and accessory improvements presently pernitted under the
existing code. However, l,[r. shapiro intends to apply for Special
Developrnent District zoning which would allow up to 3,000 sguare
feet of GRFA with an employee housing facility.
c. Public Notification and Scoping
Notice of the application to acquire access across Federal
Iand for the driveway was sent to the Vail Dailv and Vail Trail by
the Holy Cross Ranger District on January 8, 1990, and letters were
sent on the same date to the Town of Vail, the Eagle County
Commissioners office, and three adjacent landowners. Notice was
published in the vail frail on January L2, 1990. (See Appendix c.)
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I The scope of issues to be addressed in this Environmental
Assessment has been based upon a review of publicity and
correspondence concerning the proposed Shapiro Property driveway
and residence and comnents received from the White River National
Forest Interdisciplinary Team. The public issues and concerns to
be addressed in this Environmental Assessment are described below.
D. PuDlic IssueE atld coDcernE
No public issues or concerns were identified in the public
scoping phase of this study. The following issues were raised by
agencies involved and the Forest Service Interdisciplinary Team.
1. vail coDstruction cod€ R€guirements
The driveway and the private residence must be approved
by the Town of Vail and must meet all code requirements. The
driveway is engineered to a grade of 10*, which requires a
variance that nust be reviewed and approved by the Town
Engineer. The Town planning staff has recontnended that the
driveway be surfaced with asphalt, that a fire truck
turnaround at the building be provided, that guardrails for
the entire length of the driveway be provided, and that a
sprinkler system be installed in the residence with a fire
hydrant located within 150 feet of the proposed structure.
2. Legal Public Access To NatioDal Forest Latds
Legal public access to National Forest lands must be
naintained in a nanner acceptable to the Forest Service.
3. Access To Privat€ Lands
Federal laws governing access to private lands require
that the Secretary of Agriculture provide access to privately
owned land within National Forest boundaries that is adequate
to secure reasonable use and enjoyment of such private lands.
However, the owner of such private lands must also cornply with
rules and regulations applicable to ingress and egress to or
frorn the National Forest System. (P.L. 96-4a7; Alaska
National Interest Lands Conservation Act of l-980)
4. Vigual fnpacts
Visual impacts of the proposed project, as seen frourVail Ski Area, the Town of Vail, and T-7o, coul-dsignificant unLess certain actions are taken to minimize
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rnitigate visual inpacts. lteasures to nitigate visual inpacts
would include design features such as an alLgnment to nininizecut and fill, use of materials for retaining walls that blendwith local soil and rock colors, and restoration of natural
contours following construction. In addition, landscapi nd
reveqetation r,rith i ndicrenous plants, qra irrze vlsua Witb the
lenentation of these nitigation measures, the visual impact
of the driveway will be rninirnized and the aesthetic quality of
the development will be visually consistent with the existing
urbanization of the Gore creek val}ey.
5. Natural Eazards
Potentially unstable slope conditions exist in the
vicinity of the proposed driveway. The driveway traverses a
steep hi11side, and a portion of the road alignment would be
above the old cutslope for the road that was abandoned and
reclaimed by the Town of Vail. The proposed driveway and the
abandoned cutslope are both above other public roadways andprivately property. Thus, care must be taken not to create
unstable slope conditions that could increase the hazard to
neighboring properties.
E. Alternatives Considered
The Shapiro property is located on a ridge between Red
sandstone Creek and a rnuch srnaller unnamed drainage to the west.
The only existing roads in close enough proxinity to the Shapiro
property to provide a point of departure to access are Potato Patch
Road to the east and Sandstone Drive to the south. Access from
sandstone Drive is blocked by other privately owned land and would
require a longer road with rnultiple switchbacks up the east slope
of the unnamed drainage to the west of the shapiro property. This
approach would also have significantly greater visuaf impacts than
the proposed action. Thus the only technically feasibLe access to
the Shapiro property is fron Potato Patch Road as described below.
1. Alternative A -- No Action
Under the No Action Alternative, the Forest Servj-ce would
deny Mr. Shapirors application for a Special Use Permit for
the driveway. Existing management policies and use trends in
the area would continue. Mr. Shapiro would not be able to
access his property, except by foot, horseback, and possibly
trailbike.
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2. Alternative B -- Tbe Proposed Action
The Forest Service would approve issuance of the an
easement for access across the public lands to Mr. Shapirotsproperty. The proposed project also requires approval by the
Town of Vail for development of both the residence and the
driveway. The development on private land, based on Mr.Shapirors intended rezoning application, would consist of
approximately 95O feet of driveway, a 65 feet fire truck turn
around, an adobe style home with approximately 3,000 square
feet of J.iving space, a detached greenhouse of L62 square
feet, a detached barn designed to accommodate up to three
horses of approxinately 1,600 square feet, and a ernployeehousing unit of L,2oo square feet and other pernitted
accessory improvements. These proposed improvements would
cover approxirnately 1.8 percent of the entire parcel and about
11.8 percent of the buildable portion of the parcel. Mr.
Shapiro plans to begin construction during the sprinq of L992.
As proposed, the driveway would be asphalt with a grade
not to exceed 108, and would be designed to meet town
standards for surface material., width, gradient, curbs,gutters, and shoulders. Approxinately 700 feet of the
driveway would cross l{hite River National Forest land. The
proposed driveway would be constructed on a angle across
slopes ranging froro approxinately 15 to 50 percent. This
topography would require cuts of up to approxinately 8 feet(averaging about 5 feet or less) and fills averaging
approximately 6 feet in depth. It is anticipated that most of
the construction will take place within rnorainal material,
requiring minimal blasting. Retaining waIls would be
constructed in a manner designed to reduce the risk of
construction induced slope failures.
The retaining waIJ. systems would utilize existing rock
shells, existing and imported boulders, and revegetated areas.This system is designed to provide a harmonious blend of
colors and textures and a notif for the mountain side and the
contemplated architecture of the improvements. In addition,this design provides for planting of vegetation whereverpossible to provide screening and blending the natural
setting. Revegetation and landscaping wiII meet requirements
and standards set by the Town of Vail.
The applicant has retained RBD, Inc. Consulting
Engineers, to design a surface drainage system to divert
surface water away from cut and fill slopes to prevent the
creation of unstable areas during wet periods. All cut and
fill slopes will be revegetated as soon as possible after
construction to nininize erosion.
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III. AFTECTED EIIVIRONUENT
A. Geology
The Vail Valley is situated in a structural trough whichstretclres from Vail Pass to UcCoy in north central Eagle County.Elevations range from 8,200 feet at the town of Vai} to more than
11,000 feet at the top of the ski area. The project area is at anelevation of approxinately 8400 feet.
The bedrock underLying all of the Gore Creek Valtey is the
Minturn Formation of the Pennsylvanian age. The forrnation isprinarily reddish sedinentary rock consisting of interfingeringlenticular beds of sandstone, siltstone, shale and conglonerate,within which laterally persistent linestone and dolonite marker
beds occur. There are no unusual topographic features or geologic
formations located on the lands which would be impacted by the
proposed driveway. The topography is composed primarily of steepto moderate south facing slopes with gradients of 20 - 40 percent
or more.
During the quaternary, several large valley glaciers in the
Gore Creek Valley gouged out the lower valley floor, forming steep
cl-iffs. oversteepening of the lower valJ.ey waLl and deepening of
the valley itself renoved upslope support for large sections of
bedrock which dipped towards the valley axis. Eventually, large
bedrock dip-slope landslides began to occur as glacial ice, which
temporarily buttressed the dipping bedrock masses, melted away. Asthis process continues, unstable slopes will continue to be aproblem within the Vail valley. Inspection of the area bygeotechnical engineers (Lanpiris 1990 and Yamada 1990) revealedpotentially unstable slope conditions in the vicinity of existing
cutslopes located below the proposed alignnent.
Debrj-s flows and debris avalanches have been fairly common in
the Gore creek valley and particularly in the area of the Town of
VaiI because of the natural consequences of the geologic conditions
described above, abundant precipitation, and steep netastableslopes. A high-hazard debris flow area has been identified along
Red Sandstone Creek at the beginning of the driveway, at the
existj.ng culvert crossing. In addition, a portion of the driveway
and development site lies within a rrhigh severity rockfallrr hazard
zone. However, the rockfall hazard for the development envelope
and most of the driveway are considered to be minimal because the
site is located on a ridge line and rocks from above will tend to
fall toward two gullies on either side of the site. (Lampiris
r.9eo )
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B. Soil Resources
Soil conditions in the vicinity of the Sbapiro Drivewayconsist of silty, sandy cJ.ay loams, with cobbles and bouldersvarying in size fron 1 foot to greater than 5 feet. These soils
are generally derived frorn nixed glacial till and colluvium and arevery dense with depth to bedrock ranging from a few inctres toapproxinately 50 feet. Laboratory testing of soil samples in thevicinity of the Shapiro property indicates relatively dry soilsconsisting of 16 to 46 percent silt and clay size particles with aplasticity index ranging from non-plastic to 6. A portion of the
driveway would cross the hillside above an existing cutslope forthe abandoned road which was reclained by the Town of VaiI. Designof the access road rnust include features to guard against the riskof construction induced slope failures.
C. fater Resourceg
The proposed driveway road is located within the drainage of
Red Sandstone Creek, a tributary to Gore Creek, a part of the
Colorado River systern. Gore Creek drains approxinately 100 squaremiles and is the prinary source of water supply for the vail Ski
Area and the Town of Vail. The mean annual stream fLow in Gore
Creek at its nouth is L29 cubic feet per second (cfs), a total
discharge of 91,925 acre feet per year. Peak flows during springrunoff reactr 1,500 cfs during the rnonth of June; the lowest
recorded flows have been between 10 and 12 cfs during the nonth ofFebruary. The water supply for the Toern of VaiI is divertedprinrarily fron Gore Creek via an alluvial well field located nearthe confluence of Booth Creek and used for domestic purposes, lawnirrigation and goJ.f course irrigation.
D. vegetation
The vegetation of the area is classified as part of the
Aspen/Rabbit Brush ecotone. Dominant vegetative cover is aspen,rabbit brush, snowberry, wild rose, creeping mahonia, serviceberry
and sone big sage. The roadway abandoned by the Town of Vail wasoriginally revegetated with a seed rnix consisting primarily ofcrested wheat and western ryegrass, which renrains the doninatevegetation in the previously disturbed areas.
The only known threatened or endangered plant species known to
be found in the vicinity of the proposed project is Harringtonrs
penstemon which has been found at two locations -- one near Edwards
and one near the Town of Avon. Harringtonts penstemon is not knownto occur in the rabbit bursh-aspen type cornplex and at this
elevation (8,400 feet), and the property has not been surveyed forthis particular plant species.
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E. Ripariau Ateas and Wetlands
There is less than one-half of an acre of wetland andfloodplain located along Red Sandstone Creek in the project
vicinity. The stream channel is deeply incised and supports a
narrow band of riparian habitat, doninated by willows, innediately
adjacent to the strearnbed. The proposed driveway would cross the
creek via an existing set of two culverts.
A. Slsh and rildlif€
The area that the Shapiro Driveway would traverse is habitatfor moderate populations of small manmals and birds, including a
srnall population of grouse. The area is occasionally used by deer
and elk for sumner feeding and cover and is also located on the
southern fringe of a rnigration corridor for deer and elk between
sunmer range to the east and winter range to the west. However,the area is of little value for winter ranqe because snow depth isusually too great for winter use.
c. Tbreatened or EDoang€red Speci€g
No federally listed threatened or endangered species are knownto inhabit the area of the proposed project. The Endangered
species office of the u.s. Fish and Wildlife Service has identifiedtbe following listed or candidate species as potentialty present or
within the area of influence of the VaiI Ski Area: peregrine
falcon; bald eagle; Colorado squawfish; humpback chub; bonytail
chub; razorback suckerl Canada lynx; Swainsonrs hawkl and southern
(Mexican) spotted owl . (Forest Service 1986). However, none ofthese species have been found within the area that would be
irnpacted by the proposed driveway.
H.Socio-economic Environment
The doninate factors socio-economic factors in the core creekValley are winter and sunmer recreation and associated conrnercialand residential development. The original pernit for the
development of the Vai.l Ski Area was issued by the Forest Service
in 1962, and the Town of Vail developed around the base of the skiarea. Since that time, the ski area and the Town of Vail have
experienced renarkable growth, in both skier visits and conmunity
development, resulting in the largest single ski area complex inthe United States. Usage of the area by both Colorado residents
and tourists from out of state reached L,O46,7LS annual skiervisits in 1976 and grew to 1,264,7LO skier visits in the L979-8Oski season. Since 1980, area usage has continued to grow but at arate slower than was experienced in the 1970rs. During the 1989-90
season, the Vail Ski Area recorded L,523,503 skier visits.
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(Colorado Ski Country, USA 1990)Vail were overnight (destination)(Vail Associates, Inc. 199o)
Approximately 68* of skiers atguests and 32? were day skiers.
Future usage of the Vail Ski Area is expected to gtrow, interns of annual skier visits and peak day demands, at an averagerate of 2 to 3 percent per year for the next 20 years. However,
during the 1988-89 ski season, annual skier visits increased nearJ.y12t over the previous year, and an increase of 4.758 was realizedfor the 1989-9O season. While VaiL Associates projections
anticipated growEh to L,388r580 annual skier visits in 1992, with
a peak day demand of 18,070 skiers, those projections have already
been exceeded. For the year 2005, VaiI is projecting 1,,727,952
annual skier visits, with a peak day demand of 22,917 skiers.
In conjunction with the economic activity described abovethere has been a high dernand for developnent of additional housingunits for both secondary and prinary residence. This high demand
has resulted in very substantial increases in the price of housingwithin the Town of Vail and surrounding areas. Due to thecontinuing escalation of housing costs, many of the people that are
enployed by businesses in Vail can no longer afford to live there.
The Tostn of Vail has recognized the problems associated with thistrend and is seeking options for providing additional employeehousing within the Gore Creek Vatley. Additional high-enddeveloprnent, without provisions for employee housing will
exacerbate this problen.
I. Air Quality
The Gore Creek Valley at Vail for rnost of the year is swept by
seasonal prevailing winds and daily adiabatic/catabatic exchange,resulting in clear, clean air. During the coldest part of thewinter, inversions and consequent air nass stagnation occur,trapping gasses and particulates whose main sources areautomobiles, fireplaces, and street maint,enance operations. The
Town of Vail in cooperation with the Environmental Protection
Agency and the Colorado Department of Health, has a monitoringprogram in place measuring particulates (PM-10) and carbonmonoxide. If air guality violations occur to the extent thatcorrective steps need to be taken, the Town of Vail is responsible
for instituting and enforcing the necessary action. The town hasrecently passed resolutions banning the use of woodburningfireplaces in new development.
at. Visual Reaourc€s
Located primarily on south facing slopes above and to the
northwest of the center of VaiI, the project area is visible fromthe Vista Bahn gondola and many of the slopes on the north side of
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Vail Mountain. In addition, the area is visible from somelocations within the central parts of the Town of Vai1. The parcelprovides excellent views of the Toltn of Vail and Vail Mountain.
The appearance of the project area is typical of south facingslopes in the core Creek Valley. There are no unusual rock
formations or topographic features. The visual appearance of the
area changes dramatically with the seasons. Aspen trees provide a
lush green vegetative cover during the spring and sumner rnonths and
spectacular changing colors in the fall. In the winter the baretrees and snow cover contribute to a barren winter landscape. In
general , these views are all aesthetically pleasing and contributeto the scenic rural setting of the town and the ski area.
r.Cultural Resources
A cultural resources survey of the area to be traversed by the
Shapiro driveway was conducted in August 1990 and has been
forwarded to the Colorado State Historical Preservation Officer for
review and comment. The survey was conducted by pedestrian
transects along the proposed alignnent. No cultural resources were
encountered. (Dtetcalf 199o)
Previous archaeological investigations of the vail ski Area
across the valley from the developnent area have identified severalprehistoric sites and isolated finds, most of which are ineligible
for the National Register. The type of sites located suggest theaboriginal use of the area was as hunting grounds; most artifactsare chippings, with some sites indicating short-term use ascampsites. Accordingly, the probability that the constructionactivities that take place on Federal land during this project wiII
encounter cultural resource sites not found during the cultural
resource survey is rninimal.
L. Surrounding Federal Lands and Forest Service L,andl Use
Plans
The driveway area is bordered on the east by Red Sandstone
creek and private land in the Potato Patch subdivision. The
southern boundary is Sandstone Drive. To the west is Mr. Shapirorsproperty, while the north area is White River National Forest onthe slopes of Red and White Mountain.
This portion of the white River National Forest is managedprinarily for wildlife and intensive recreational use. The
National Forest System lands adjacent to the Shapiro property have
been designated with nanagement area prescriptions 2A and 7E in the
Land and Resource Management PIan for the White River NationalForest. Prescription 2A applies to the area irnmediately west and
northwest of the parcel and calls for rnanagement emphasis for
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notorized recreation including seni-prirnitive notorized to rural
and roaded natural. Possible recreational activities may includedriving for pleasure, viewing scenery, picnicking, fishing,snowmobiling, cross-country ski,ing, four-wheel driving, andmotorcycling. Prescription 7E applies to areas to the east and
northeast and provides for management eurphasis on production andutilization of wood fiber either as sawtimber or roundwood
products.
tt. Rscteation and Access to Public L,ands
Access to the affected public lands is currently provided by
Red Sandstone Road to the east of the Shapiro and to the west by a
motorized trail that follows the Buffehr Creek drainage. There are
no Forest trails or access routes through the Shapiro property thatare irnportant for access to adjacent public lands. There isvirtually no public use of the Shapiro property for access to
adjacent public lands because of the absence of trails and because
the property is situated on a ridge betveen Red Sandstone Creek andthe next drainage to the west (which is unnarned). Thus, much
easier access to areas beyond the shapiro property is provided by
the roads along Red Sandstone and Buffehr creeks.
There is a foot trail that follows Red Sandstone creek for
approximately one-half mile beginning near where the proposed
driveway crosses the creek. At the intersection of the proposed
access road and Potato Patch Road, there is room for a potentialparking area for recreational users of Forest System Lands.
Honever, this area has not been used for such parking and therecurrently are no plans for development of a parking area.
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IV. ETwIRONTTENTAIJ CONSE9UENCES
There are no impacts associated with Alternative A, the No
Action Alternative. Continuation of present management for theaffected area means that the parcel will be maintained in itscurrent conditions, will continue to serve as ninimally-inportantwildlife habitat, and will continue to receive alrnost no publicuse. Accordingly, the following discussion of environmentalinpacts associated with the project focuses on Alternative B, the
proposed action.
A. Geology
There wiII be virtually no inpact by either of the 2alternatives upon the geology of the area. No construction isplanned under the No Action alternative, and road construction
under the proposed alternative will be confined to the overburdenand not reach bedrock. There will be no irnpact on uniquegeological features because there are none in the project area.
No inpact on development of mineral resources is anticipatedfrom any alternative; potential for economically-recoverabledeposits is considered minimal.
E. 8oi1 Resources
Approxinately 2 r 000 cubic yards of soil will be disturbed in
constructing the driveway. Much of this area has previously been
disturbed by previous road construction and by a powerline that
traverses the southern edgie of the Shapiro property. Constructionof the house, glreenhouse, barn and eroployee housing unit woulddisturb and additional 300 cubic yards of soil on the private land.
Most of the construction will take place within morainal material,requiring rnininal blasting.
Because of the steepness of the slopes that would be traversed
by the driveway, care must be taken to avoid and nininize the riskof slope failure induced by placing construction fill on upperportions of slopes and by naking cuts at the toe of the slopes.This is of particular concern where areas have been disturbed bycuts and fills associated with the abandoned road, Engineeringplans for the proposed driveway include carefully designed surface
and groundwater drainage systems to divert water away from cut andfill slopes and prevent the accumulation of water within slopes.In addition, retaj.ning wall systems and prompt revegetation of
disturbed areas will ninimize the risk of slope failures.
A temporary unquantifiable increase in erosion would takeplace during construction despite use of water bars and sediment
checksl this would abate after revegetation.
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C. Water Rssources
Test borings in sirnilarly situated nearby areas indicatedoccasional pockets of groundwater at depths of 24 - 40 feet,substantially deeper than the proposed cuts and fills wiII reach.If, however, such pockets are encountered, they wiII drain to Red
Sandstone Creek or Gore Creek, slightly accelerating natural
recharge to those streams. After construction, drainage throughretaining wal1s to the gutters is expected to dewater any such
pockets found more or less continually; this inpact is expected to
be small.
On completion, the proposed alternative will unquantifiablyaccelerate surface runoff from snowmelt and rainfall by paving
approximately L/2 acre of the project area. This impact is
expected to be minimal .
After construction, runoff from sanding operations by the
I applicant is expected to produce ninor, unquantifiable detrinental
I inpacts on water quality.
D. Vegetation
Road construction is expected to result in the temporary lossof vegetation from up to l acre for the proposed alternative.
After construction of the driveway and residential facilities,revegetation with native species will be undertaken. However, anet Loss for the life of the project of approxirnateLy L/2 to 3/4acre of rabbit brush, snowberry, woods rose, creeping mahonia,
serviceberry, crested wheat, western ryegrass, big sage, and aspen
would result from the proposed action.
No irnpacts to threatened or endangered plants are likely to
occur.
E. Riparian Areas and wetlaDds
Less than one-half acre of riparian habitat, wetlands, andfloodplain are found in the vicinity of the proposed project along
Red Sandstone Creek. The proposed access driveway will utilize theexisting crossing of Red Sandstone Creek which was created by the
Town of Vall in conjunction with the abandoned road, and thus, no
inpacts to riparian habitat, wetlands, and floodplains will occur.The existing crossing consists of two large culverts and
approxinately 15 feet of fill naterial, providing a crossing of
about 35 to 4O feet in width. An additional 12 to 15 feet of fill
naterial bill be used to build up the existing crossing to provide
a consistent driveway gradient, but none of this filt naterial will
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reach riparian or wetland areas. Side slopes wiII be revegetated
and landscaped to prevent sedimentation. After construction, Mr.
Shapiro wil-l be responsible for maintaining the culverts.
F. Fish and rllldlife
Big game and other wildlife species will be displaced from thearea during construction. After construction, the return of big
game to the area for migration and use as a sunmer feeding ground
is Largely contingent on control of domestic dogs; stringent
measures for such control are required by the Town of Vail.
There will be a net loss of forage for big game and habitat
for non-gane species fron road construction; losses will be aboutL/2 to 3/4 acre for the proposed alternative.
There are no inpacts expected on big game nigration patterns
because the area is of tangential inportance as a nigration route
and game will be able to pass around the area if necessary.
Travel on the driveway is unlikely to result in a quantifiable
increase in road kiII for wildlife species in the area.
c. lbreatened or Endangered Epecies
No federally listed threatened or endangered fish and wildlifespecies are known in the area of the proposed project, so no
impacts are expected.
E. Eocioeconomic Inpacts
Assuming a total cost for the residence and access road of
$1.5 nillion of which 75 percent is spent locally, a one-time
infusion of about $1.125 nillion to the local economy would result
from the proposed action, distributed over about L0 to L2 man-years
of labor that would be required to complete the driveway and build
the residence.
After construction, it is estinated that annual- localexpenditures by the owners and caretakers would aggregate to
approximately $601000, or (with a turnover factor of 4 to 7) an
annual benefit to the local economy of approxinately $240,0o0.
Assuming construction takes place, projected revenues to the
Town of Vail would be (1) sales taxes of about $1,000/year, and(2) property taxes of approxinately 5,3oo/year. No road
maintenance costs are projectedr' police, fire and other service
costs for the residence are expected to be uriniural.
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I. Air Quality
During construction, the proposed alternative lrould result in
increases in fugitive dust from grading and construction traffic,despite suppression. These effects would be temporary. Other
temporary and minor increases involatile gases from curing asphalt
would al-so be registered during construction.
Under the proposed alternative, post-construction degradationof air quality could result from road sanding resuspension ofparticulates, and from the increase in travel by the residents ofthe horne and the employee housing. These irnpacts are
unguantifiabty small.
J. Visual Resources
The project will increase the viewerrs perception of human
influence on an area which at present conveys a natural impression;
At conpletion, the project will appear an extension of low-densityresidentiaL developnent adjacent to other developed areas, thus
serving as a visuaL transition between the dense development of the
valley floor, and the natural vistas of Lhe upper mountainsides.
Retaining walls will be extensively used, but use of native rock
naterials, revegetation, and landscaping will serve to ninimizevisual impacts. $lhere possible, aspen will be retained to screenthe disturbances.
Visual inpacts will be nininal from the center of the Town of
Vail, where the view of the project area is often obstructed bybuildings; and from the I-70 corridor, where the traffic velocity
tends to shorten and obscure views of the project area. The area
will be nost visible from Vail Mountain, by skiers or those using
the Vista Bahn lift.
K. cultural R€gources
No inpact on cultural resources is expected, because a
cultural resource survey did not locate any sites in the area.
Because the cultural resource inventory was negative, it is highly
unlikeJ.y that the state Historic Preservation officer will reguest
any restrictions (Appendix D) . However, if cuLtural artifacts are
encountered on Federal land, construction will be halted and
consultation with the State Archaeologist will be initiated.
L. gurrounding Federal Lands and Forest Service
I,ADd UE€ PIADS
The proposed alternative is consonant with Forest Service Land
and Resource Managenent Plan and with previous decisions.
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I lt. R€creatioD and Accsss to Public Latdg
! Construction of the driveway and residential facilities willnot affect access to and usage of surrounding Federal Lands. The
I alternative is not pro-jected to cJuse conflicts ort incornpatibilities between existing and potential resource users.
t N. Irrsvergible Connitnent of R€aourcos
I Neither alternative would irreversibly connit any resources.
I nxisting land contours and vegetative tlpes could be fully restoredr over tirne if desired, though the cost would be so high that it isunlikely that such restoration could occur in the reasonable
I foreseeible future. Restoration of land contours and vegetativet types would allow restoration of the existing faunal relationships
and balance.
I o. Irr€trievabl€ conmitnent of Reaourc€a
I The vegetative and wildlife production frorn the 1/2 Eo 3/4r acre area that would have occurred during the life of the project
wilL be lostr' this irretrievable conmitrnent of resources is
I unquantifiable but rnininral.
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I V. CONEUT.TATTON AlrD COORDINATION
I In preparing this environmental assessment, we consulted the
I following people:
Bill Andree, CoJ-orado Division of l{ildlife, Minturn,
ColoradoI
Tin Grantham, Land Forester, Holy cross Ranger District,
I White River National Forest, Minturn, Colorado
r Chuck Harnish, Forest Hydrologist, White River National
Forest, Glenllrood Springs, Colorado
r Kathleen Phelps, wildlife and Range Zone officer, National
Forest, Holy Cross Ranger District, Minturn, colorado
I Rich Phelps, Recreation and Lands officer, Holy Cross RangerDistrict, white River National Forest, Minturn, Colorado
I Kristan Pritz, Director of community Development, Town of
VaiI, colorado
I Kent R. Rose, P.E., RBD, Inc., Consulting Engineers, VaiI,I colorado
I Tony svatos, SoiI Scientist, White River National Forest,
t Glenwood Springs, Colorado
I Abe L. Shapiro, Applicant
r Dan wagner, Forest Enqineer, White River National Forest,
Glenwood Springs, Colorado
! willian A. Wood, District Ranger, Holy Cross Ranger District,
White River National Forest, Minturn, Colorado
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I VI. LI8[ OF PREPARERS
I This Environmental Assessment was prepared by the following
I individuals under the direction of Willian A. Wood and Tim Granthamr' of the Cross Ranger District, White River National Forest!
I Robert M. weaver, Environrnental Consultant, ResourceI Associates, Inc., 17OO Lincoln Street, Suite 37LL,
Denver, CO 80302
I Earl Perry, Environmental Consultant, Resource
Associatesrlnc. , LTOO Lincoln Street, Suite 37LL, Denver,co 80302
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VII . LIAT OF REFERENCES
Niclrolas Larnpiris, Ph.D., Letter of August L5, l-990 Re: RockFall and Debris Flolr Investigation-7 acres, Vail.
Carbondale, CO.
Nicholas Lanpiris, Ph.D., Schmueser & Associates, Rockfall
Studv - Town of Vail, Vail, Colorado, November L984.
Arthur I. Mears, P.8., Inc., Debris Flow and Debris avalanche
hazard Analysis, Prepared for the Town of Vai1, Gunnison,
Colorado, November 1984.
Michael D. Metcalf, Metcalf Archaeological Consultants, Inc.,
A Cultural Resource Inventory of the A. L. Shapiro WestVail Propertv, Eagle County, Colorado. Eag1e, Colorado,
August 1990.
Resource Associates, Inc., Environrnental Assessment, AccessRoad for the Spraddle Creek' Subdivision at Vail,
Colorado. Denver, Colorado, August 1990.
Kent Rose, P.8., RBD Inc., Engineering Consultants, Letter
and drawings of August 6, l-990 to creg Hal1. Vail, CO.
U.S. Forest Service, Holy Cross Ranger District, Environmental
Assessment, Vail Land Exchancre, Minturn, colorado, 1988.
U.S. Departnent of the Interior, Geological Survey, Locatable
Mineral- Report, Denver, Colorado, January 1984.
Williaur A. Wood, US Forest Service, Holy Cross RangerDistrict, Cornments on the Shapiro Property Driveway,
Mj-nturn, Colorado, July 20, 1990.
Alan Yamada, East Zone Engineer, US Forest Service. Memos of
January L7 | ]-99O and July 18, 1990 Re: Shapiro Easement.Minturn, Co.
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I vrrx. Lrsr oF App'rDrc'g
I Appendix A: Application for Special Use Permit for
I construction of the Shapiro Driveway
I Appendix B: Location Map
I Appendix C: Public Notification and Request for Comments
I Appendix D: Letter from the Colorado State Historic
I Preservation Officer
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I Appendix A: ::*i:*i?r" i'in"'ni$i'," J;i,"*""""t ror
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oll llc. oet|{tl
USDA.Fortrt S.wlc.
' SrIEC|A!-USE APPLICATION AND REPORT
: (Rof.: FSM 27!2.36 CtR 251.5a,
FOREST SERVICE USE ONIY
Data R.c.lv.dl.'|'la.tlrA R.8lon fiumb.t St t. Cod.Couaty Coda
txSTRUCrTtOt{8
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Contrd.lomlglal. NumD.t
For.3l Cod.
a^d'trl|L Uai tl..l
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ld.nttt, thoh lt.m. lo b. omht.d.
Rrnjrr Dict. No.(t.ra ObtJ
Ur.r Numb.r Xlnd ot U.. Cod.
PART I.-APPUCATION (Applicrnl Complcl*))(
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[f Indlvldurl
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yrou.rn rn Indlvidurl or Prnnrnhip, ur you rlro r citiln(r) ot tnr Un'tr
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Silil,t'ffilrd,i.
nt_..
_, _---_ r,r -;rr,b..re.r ror^tntt lt Dalq ,llad. /
,"h e,-loZd-*",h*(,
..'..
'C|l h tha Stlta anat lhat t hrva Darronr y .r.Dli.!
ItLch rpDropd.t
I ah- l-a^--^r- -__5 v. .,r, .r rertagta.
ar[
rcr. om.. .
!'a&et
a
.-e.,rrrr. rrttartanlt o, ,apta3anta0ons af f;
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;
PART !|-SUPPIEMENTAI INFORMATION (Applicanr Complclcs)(
lrtARX '1(' lN APPRO
PRIATE 8OX BELOW
t I-PRIVATE CORPORANONS ATTACHEO FIIED' ;.
.. ArtlcL. of IncorDontlott tr tr
L CcrDontlon Byb*r tr tr
g A c.rtltlc.tlon ttDm th. Strt.
5L1..
rhowln3 thr corpontlon b In 3ood .lrndla8 .nd || .ntltl.d to opr'.lt rlthln thr tr.tr
d. CoW ol t rolutlon ruthotlrln8 tilln3 tr tr
I Thl nrmr Ind addts!. of arch 3hrtrholdrr owninj 3 parc.nt or motr of lhr rhrrcr. loi.thrr with thr numblt
rnd parraoir3a o, rny clra3 ol voting rhrr$ of th. .ntity which ruch 3hrt hold.t ir ruthorir.d to vota rnd tha
nrm. rnd rddr.Dr ol .rch .ttill.t. ot th. rntity logrth.r with, in th. c|r. ot rn rtlilirl. conlroll.d by th. .ntity,' tha numbcr of rharct and th. panclntrlr of rny clc$ of volin3 3lock ol thrt attili.t. owacd, diractly ot
ladlr.stly, by thrt.ntity, rnd In th. orr of rn .fiili.t. which cDnlrolr thlt.nlity. th. numbcr ot rhrr.r rndth. p.rc.ntrl. ot .ny ch.r ot votln3 ttoch ol thrl .ntity oryncd, dlt.clly ot lndh.ctly. by tha afiitbt .
tr tr
t lt agpllc.tlon l.-tor.o- oll or l.r plp.lln.. d$c,lb. rn r.lrtrd rlShl.of.wrt or lrrnpor.ry ur. p.mlt rpplbr.
tlon3, .nd ldrntlty p?.ylour .D9llc.lion3.tr tr
& lt gtopoerd bnd ur lnvotvc olhrr Frdrrrl lrndr ldrntily och r8lncy irnprcl.d by Dropo.rl.tr tr
II-PUBIIC CORPORATIONS
r Copy ct hw tonnlnt co?por.tlon tr tr
b. Proot ot o,S.nlrtlon tr tr
s Copy of Bylrrr o tr
d. Gopy of nrolutlon .uthorirlnt tlllni tr tr
r. lf rgpllcrllon b to?.n oll or 8r! pipolinr, provid. Intorm.tion r.qulr.d by lt.m ..t.t., .nd -1.8.r rbova.tr tr
III-PARTNERSHIP OR OTHER UNINCORPORATED ENTTTY
a. Attlcl.r ot ratocirtlon, It rny tr tr
b. It on. plrtn.r ls ruthorlr3d to 3ign. r.roluilon luthoririni lction ir tr E]
c. N.ma .nal rdd,.sr ot .lBh prrticiprnt, prrtnGr. r3rociation. or olhrr B tr:
d. lf r9pllc|tlon lr lor rn oll ot 3rr Dip.lin., piovidr lntormrtion r.quir.d by lt.m "l.t" end "1.8'. ebovr.tr'tr
' It ih. t qulr.d Informrtion 13.lr.rdy lihd with lh. For.st Scrvicr rnd ls curr.nt. chrck bor tltl.d .,nbd." Providr thr tila ld.ntlticrtlon
lntormrtlon (c.8., numbrt, .l!t.. coda. ntm. rnd. ottica rt which tilGd). It not on fib o? curr.d, rnach r.quast.d Intorfl[tlon.
l,'#l[::flJ: rrr"r,
W*-.--ffi
hJblc tapotUtre htdaa lor thll cotlacdon ol Inlortmlion b $ttnrl.d to rv.ragr .1. holrt p., r.tpolut. lncfrtirg thr lirto to, ,.' bw6e hg.rcgo.t Jdetfg!l:9-9:-Hc.r' g[^thrhe rt€ mrinteining th. d.tr n .d.d. rnd conltrring rnd '.vi.li^g th. cottrctlon ot hto,r tb.r Srio oorvr|.nu ngentinius urd.n .luttr.l. ot .nt oh.r .tP.cl ol lhb coll.clion ol lnld, lioG hchrilrg uggorrionr td ,.dud.rg $t UurOcrr O Orp6n erl A fgai1ruo-,Cbrrrncr Ofilc.t, OIRM. Rooln aOr-W, Wrltrilrgtor\ D.q AOZ5q .nd rd nx O6-;7'n6;rt;n.r,O A.-Cutaro.,
^tlfrOtiiJO
frrnrgomn rnc.Erag.l. W||hiElor\ g.c. 20501
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I Appendix B: Location l'[ap
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122
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PROJECT LOCATIONI
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i.'Yti \i
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T.5S.\
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:lt-
.;Y-'aEDSANOST
:i' / '...7:f-
7- t-a ---., )!:.' .
=---/'=
xe5:
)z- :
7>
.-.'r1'4
[2Ei;..=-=
'/"1s
i:
'*-s=---..-.Z':r.G=i
'a--.a'--...= r:- i_-?E:r,o !0ot za,'i l*l-:l' ...,5_l .y.-:
..:.{i;,7..,}:'. .'i . . ir'r' .-
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I Appendix c: Pubric Notification and Request for cornments
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23
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NIEY/S
lrnn lht l,t'lrrft, /ii:'cr Nnrtortol Forr,sl.
U.5.D.,{. Forcst Stratcc, Oltl Ftdt'rnl Burliing
P.O. Bot 918, Clcnuoo'l Srtrrrrss, CO 31602
CONTACT: Rick Jer,rell.
DATE: January 8, 1990
THE U. S. FOREST SER,VICE II.AS RECEIVED AN AP?LICATIOIi FROI{
ABR{TL$( L. SI{APIRO TO CONSTP.UCT APPROXIT.TATE:.Y 7OO FEST OF
ROAD ACROSS FATIONAL FOREST IAND IN TOWNSHI? 5 SOUTH, P.A,}TGE
81 TEST, NE1,/4 sfl/4 sEcTIoN 1, (sEE AITACH:D !{Ap). rils
PROPOSED ROAD WOULD ACCESS UR. SHAPIROIS PRIVATE PROPSP.IY.
THE FOREST SERVICE FILL PREPARE A}I ENVIROIiYETAL ASSESS}TEIIT
ITHICI WILL DESCRIBE AI{Y E}WIRONMENTAL IMPACS THE PR,OPOSAL
MAT IAVE ON IiATIONAL FOREST IIITDS AS WELL AS ADDRESS A:ry
REASO:IA3LE ALTERNATIVES TO IITE PROPOSAL. AS PART OF THE
PUEL{C SCOPING PROCESS PRIOR TO PREPARATIOI; CF THE
EIIVIRO.\MENTAL ASSESSNEMT THE FOREST SERVICE IJOULD LIKE TO
HEAR FRO!{ A}ry IMERESTED PUBLIC WHICH UAY }T{I.'E ANI ISSUES
OR CC:|CERNS I.IITH REGERDS TO THIS APPL]CATIO:;. WRIT:::;
COlt{=;TS SHOULD BE ADDRESSED TO: DISTRICT Li}icER. }i0LI
CROSS RAltcER DISTRIC?, p.O. BOX 190, MINTL:I.--;, CO 816.t5. IF
You tr{vE A}IY QUESTIO:iS oR worJLD LIKE TO DTSCdSS THIS
PROPoSAL IN-PERSON PLEASE COry-I{CT RIC_K JEXJELL AT THE HOLY
CROSS RANGER DISTRIC! AT 303-827.5715. TIIE PUELIC COIO{EIIT
PERIOD ENDS ON JANUARY 22, T990.
ul;.t nnJ )ln.rnl' i r.'fir
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Iteply cor :730
Da&e3 .len.81 1990
Dcor iat.ereo Ced Pub l:c :
Tle U. 5. loscrE Servrce bcs reccivod ao applic.aioo fror l!:abu L. Sbap!.ro to
cgnstruct appio:riuateiy 700 feet of road ac=osa tiatiosal Fo:est lasri ir
iosaabip 5 sou;b, &aagc 8l lJcoc, ltEl.//r sfl/4 rcc:ioo I !o ac:era a bocosige oa
privare lald, rec atlrcbed loca:iou cap. Ao pa:! of gbe esri:oaneaBa!
E3scaEECot Proccor I usuld l ilce lo kaor if you bave auy iasuer..or cogceag ui:h
regards Bo tbit proporal. IIri-cgea corEreat! sbould be adCressed tos Di;i:ict
I€jrAer, lloly Croeo llal3c: DisE,ric:r i.C. Do:: lgCs !l:a:u:a, Cg 116115. Ii you
bcve aoy quce:ioue or uould like co diccues this propooal ia-?e;Eoa please
coac'lac ll'lcl ieucil of c7 otoff c,E 303-827-57!5. Pleege reply ro tg;'s o!5ica
by January 2:, 1990.
Siacerelyg
I'ILLIA}I A. TOCD
District Eaagcr
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r Appendix D: Letter frorn the Colorado State Historic
Preservation OfficerI
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I The cultural resource j.nventory for National Forestt System Lands associated with this project was negative.
However, at the tine of publication of this
I Environmental Assessment, comments from the State
I Historic Preservation officer had not been received butwill be included in the Final Environmental Assessment
when they become available.
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MAU
Metcalf Archaeological Consuttants, lnc.
PO Box 899
Eagle, CO 81631
(303) 328-6244
August 13, 1990
Mr. Abe L. ShapiroP. O. Box 1448Val1, Colorado 81658
Dear Mr. Shaplro,
Enctosed is Metcarf Archaeor.ogical consultants, rnc. (MAc)
leport on the proposed access road in valr, Eagre county, colorado.sLnce no curtural resources were dlscovered d-uring thli survey wehave recommended clearance for the area surveyed ln connectLon wlththe proJect.
_ shoutd you have any questions or need further assistance prease-do not hesitate to catt.
Slncerely yours,
District, White Rlver National Forest
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//til'"/ o /ee'/*
MLchael D. MetcalfPrincipal Investigator
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Introduct:[on
At the request of Abe L. ShapJ-ro, Metcalf ArchaeologLcal
Consultants, Int; (MAC) conducted an archaeological survey.of
approxlmately 30O ft of proposed access road ln Eag1e County,
Colorado. nhJ.s proJect $ti!l lnvolvs constructlon of a narrow drive
lnto a prl.vate homeslte. The proposed road follows a prevlously
bladed and reclalmed path which the Town of Vall tras abandoned.
Flled survey covered the previously bladed route, as lirell as a 50
ft strJ.p upstope of the previously dlsturbed corrldor for a total
of a lOb ft wfAtn. The-project area is located ln the SE/NE/SE
section 1, T5S, RglW ln eastern Eagle county, in the Red Sandstone
Creek area of the Town of VaII (Flgure 1). No cultural resources
were located, and clearance ls recommended.
Envlronmental Data
The Val-l valley ls located 1n the southern Rocky Mountalns
phystographLc provtnce (Thornbury 1965). Speclfically the proJect
irea fi aiong the southern flanks of the Gore Mountatn Range whlch
lie to the nbrth of Va1I. The area is wLthin the Colorado Rlver
baEin, wtth Red Sandstone Creek dralnlng in a southerly directlon
lnto Gore Creek, and thence the Eagle River.
The proposed access road orlginates at an exlstlng road-along
Red Sandstone Creek and traverses a steep, southeast faclng
hlllstde. Vegetatlon ln the survey area conslsts of a mountaln
scrub hillslope wlth blg sage, servLceberry and varlous shrubs and
grasses with aspen stands adJacent. The ground cover ls dense ln
Ine proJect area, but overall vlslblllty was adequate for the
detection of cultural. sltes
Exl.stlng Data and Llterature Revlew
Prl-or to the survey a flles search was conducted through the
OffLce of Archeology and Historlc Preservatlon (O.\HP) In Denver.
The results on thi;- search revealed no prevlosuly recorded sltes
but, two prevlous cultural resouce.lnvestigations conducted wlthin
Seclion 1-. The flrst vras a Class III lnvestlgtlon performed by the
Colorado Department of Hlghways on 6/16/88. This Eagle Va1l to
ValI road investigatlon cr-osse-d the SE/SE quarter of the sectlon,
wh1le the second btass III crossed the sw/sE of sectlon 1. This
second survey was conducted by Whlte River Natlonal Forest
fersonnet oo tt/Zg/gt. The only cultural resource dlscovEred on
these surveles was one lsolated ftnd.
The known culture hlstory of the area has been presented ln
State RP-3 documents by Guthrie et a1 . (1984) and ln Buckles and
Buckles (1984). a hlttory of the Eagle Va1ley Is presented in
Kntght and Hammock (1965) and reglon_al hlstorlc contexts are
addiessed in the Rp-3 document (Mehls 1984). A comprehensive Cl?gs
I overvlew of, the Eown of VaLl vras compteted by the author in 1989.
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farn snnrno Driveway
ISE/NE/SE Sec. 1, TSS, R81wVall West 7.5r USGS Quadrangle
;naS:.e
County, Colorado
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VAIL WEST, COLO.
NW/' MINTURN I!' OUAORAIIOLE
N 3937.5-w 10522'5/7 ,5
l97o
aMS 4?03 lll NW-SERlEs v8??
ffiffi
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VASH
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TNGTON, O. c. 20242
REOUEST
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QUAOR^NGLE LOCATION
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Statement of Objectlves
Based on MACts experlence in the area and the data preselleq
ln the RP-3 documents ieferenced above, there Ls lLttle potentlal
for prehlstoric or hlstorlc resources wLthln the proJect area.
pue €o the steepness of the terraln the potential for the dlscovery
of prehlstoric-resources is thought to be minimaL. As wlth any
shoit-nottcE small scale survey. the prlmary obJectlve was to
l-nsure that cultural resources would not be lmpacted by the
proposed actlon.
Field Methods
The survey area was ldentlfled to the author Ln the field by
Abe Strapiro. A prevlously bladed and revegetated road abandoned
by the Town of Va1l formed the southern boundary of the survey
aiea, and undlsturbed hlllslope extendlng about 50 ft above the
dLsturbed corrldor was also lncluded 1n the survey area. Coverage
was by two slnuous pedestrian transacts. AII exposed areas such
as rodent bacterld, cut banks, and game trails wsre cloEel'y
inspected for cultural resources. In totaL, a 100 ft corrldor was
exairlned ( O.7 acres) and no cultural resources $tere dlscovered'
Results
No sites or lsolated flnds were dlscovered on thls survey.
Thls was not surprJ-sJ.ng because of the steep due to the steepness
of the terrain. the relutts of this survey are conslstent wlth the
expectations generated by previous work ln the immediate area.
Recommendatl.ons
Cultural resource clearance Is recommended for this proJect.
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References Cl.ted
I "r"nr""-n*rr*"^ n., and Nancy C. Bucklesr 'ntn fiit"i::i:"r"3::?:f:t".1;:l:'"t"no context' colorado
I Knlght, Mcdonald, and L. A. Hammock- 1965 Earlg'Dags on ttre Eagle. Prepared and publlshed by
Mcdonald Knight and Leonard Hanmock.
r Mehls, Steven F.
:-984 Colorado Mountatns El,stotl.c Context. Colorado Hlstorical
SocletY, Denver.
I Metcalf, Mlchael D.
r 1989 A Class r Cultural Resource Inventorg of the VaLI VaIIegt 3:Ti,'"':"i;"f,::':; li:iiii:;"":g:""??H'."; ?'i.11"1";'H;
Denver.
I Thornbury, WlIIiam D.
1965 neglonal Geomorphologg of the tJnlted st-ates. John WllE
and Sons, Inc. ' New York.
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Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
OTSI VALLEY ROAD
CARBONDALE, COLORAOO 81623
(303) 963.3600 (24 HOUBS)
[:r rr q i..r :: L .1.5, .L t;).lt:..r
Abe L. lilr*p i. r.oFox J.44Ei
Vai 1 CO Ell4tit3
RE: fiocl,: [:e].] ;rnd lipb;-:'. ei F-ll:l.; i:,iri*i_ lr.,ri. r. rtn.-./ acrf-.:;,/ {,/ai..[
De..rr i'lr Iih;rgr:lrcr:
proprarty. Ttrel clehris f .l. ow hi:ar-cl shor.rn onl.y ,,r{{e,::ts thi"lsor-tt frwest mrn-TEFn-er c:e property where n vel oompnt
I visi'Eecl thtp ;irb o,vel r.il.Fr:r.encr:rrJ pr.nnei-ty i.n \raril, northr+e:it ofthe nor^J abarrclonutr [-:i.c:ns Fii.crile r..cin;:, r-ecr,:nt] ,y .f ctr. ourpo,sri:Ei o.fa Geol ctcti r: halar-d elr,;1.1. r..rart i r:n . e:jpusial.t ,rz ;1E''it pertai n,s tr:rocl': f aI1 1:otential. As your [::.ow it ',hiqh sevgrity rock {aL lhaa*rrd " iE gir c'rr'un by trre Town o{ Vail,s maps ag af 4ecrrng .yc}ur
conternDIa nq nl.9p f5 ) "
I'ly general {irrdings are .r::hat Lhr.l r*ck.f al I ha:ard is preserrt
#bt.lcar..tse-,|-.,fth6p1|5i.ticlrro.fyot"rrh:utJ.IcJincl*nvel6fJe, as shown ? on l:het I ess than t+(r\, filnil*u area, r_eJ. ati. veto ther outcroppi rrc; ancJ thr,: natur.e o.l, t-.hs ot_r1:crc:pp i ng, Thesite i.o' on;\ berrrch whicrr :i.:; ai. rr.q a frroacr .icirJe .r.ino= tr-encli ilgEo..rth ' l-lre.e{or€ r rn.r*y r.sr{:,ii f r-r:m *brive wi.i.r find their wayinto one o{ the L. i.ro guillies or smaLl val l€rys r:n e j.ther sideo{ t.he proper-t-y. -l'l'l e! sj:eep lii.[ j.,nr.cre "1t]{rve yr:urr- Int algn 6srsan abLlnd'nn*r-= ci{ alipen i;r'pel c r;vr.*r r.,rir i r:h shoirl d be arr iadvanta*etb st-*;: or slor.J any r-*c[,:.', whi.r:lr nricll-rt be r-oIi:i.r,g towi;:;-';;il:*bui I rJi ne *rnvml npe.
In rpi{:e '{ th,' abnv* r:itrilc .l .*rt.r-r:; .1. berl i e'r+ it r.r'r-rl d belpo:sibl.rr to i :pr.o./e .Lt1E_!
''iLr_t;r.f.:t.c)n sLqni $ic:rntly r,l:ith s*mt:modi f i.cati.*rrg to ttis,t .erar ci.r r-:re eite.. i" -t h" ' **'i=r,apossible the rear nt t_he gite, i;hor-r1 ci be crowned. i-:o shedmate'ri al which mj qht otlrelrwi.sgr re,irctr .Lhe hoine. The rear{o'ndatio' r*ar. 1 ca'r be clnsi c;ne.'cr i. prutrurde'at reast three{eet arbove {i n:i shsrcl firade arici frave* a r!.r,renqth o{ *t I $ast Jr)t]rpounds pelr sqlr*r-er ,f ooi:, A sirr {unt ber-m or- f our {oot war. lbehi.nd Lhe proposed hclrncr m*ry rre r:pt-r:d {or i nstead or: i ncon.junction wi th tlre str-erre t l_, iiln ed r.ear stean r.lal l .
Ilrainage ..-1r-()l.tnrJ the+ hom* i:rh{:)t.rl. cl be+ ijrro.,.,itJed tn pre*ent-poncli ng m{' r.Jai:Hr ancl lhcl frurro .-.i;li r::r.r I cJ tre rJesi,ln*,r to pr,-ei,.zerntthe *ccunrr-tlati'n o{ r-*1don u.u" oiur-r'i i"""i='';;;;*i,.'g'rtu,n,inr.Jpr;lqtict] irr thel {:if ..ltr:,, $ui lr;. :i. nve1r:;t:i qaLi 61n l:or_ l)gr_Fac$Gls3 r)fpr.,per -F ot_rrtcJ.i,t i ** rJtl:i:i. i.;n :,;'rrlr.i. t..l plr_rrrcece r:of.,tE-i.t_Ltcti crn -
$ea acc()filrJ.:rrly
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A relativmly lnnq dri r/eway r'r:i. l.[ hr* n(:(:](..jlgi1F$ry to r-each t fr ti..
5i te throLtqh ycl r- property anrj _gom,'= l::ror-mst $ervi ce 1 and a.t onga fairly steep hi.tl side. 'flri:; dri v{?way r+i11 breqi n at thefirst Ewitr:h-tlacfl on F'otabr: Fatch Fo;rd .end have to cross thecreek to the we-"st to recach the p:rr-operty. There aro ncl
.t.tltt=ts!.la:l oFcr.l mqi c . r:r:rncli t:i mrr$ a:1. r:]nq {:hp E}r-ontsed ;rl i qnmE?nt
wnr(:n ccjl..rl cl pre(_:ILrfle i:his r.-ot_rtr=,j @trry*f r'* r. **t
" Drainaqe al ong theacce--s is :i. rnport;.lrrt tm p rJerve.:rn i:: r:ri*ti.pp-a1.1 Llngtnhl Et arlF:+aBduring wet per j. od$.
Hecaurse o+ the ha:rard regLtl ati Dns r:* the 'inprn o.f: Vai I " care
JnL($t be t"rl:en nr:t tn increags. i:. h ar hn:ar.cl to a nr,_'ighbor byyoutr attempts at mi ti eali. on clr i n .khe' der,*l olmnnt pi-tr,cesg.'Ihe property does lie j.n er qa:ol c){ti r:.rI t r7 Err_:nsitive ar-ea r.j,Eg!-
FeveloFrment as pr-esentl y FroEJc,spd r,r i L l no.t inci..e"-r-F thFhqrard to other nronertv " or strLrctur,:si. nr tcr nurhI ic richts*I
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ds, $rtreets " eother proper-tisirs o.f arr.: l.. d . tF t:h r,..tr r,.: ,rre +ilrtrurqLtesti on:i, or :i {: trel pr i s desi. r-ed j. n the desi gn o{ amitig.ation {ersl:ttre. please coirtac.L rner.
15i ncere'1y,nlJ%
lrJi r:ilcr.[ 'i's L..i]!rr[]iris
Cons:lr.l. {: i. rrq ffecI r:q i, st
SHAPIRO DRIVEWAY
vAtL, coLoRADO
FINAL DRAINAGE REPORT
February 199i
rrE 05
PHELilIMRY
DoltO?rlcbr
oorfi|xilon
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I February e, 199r.
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Mr. Abe ShapiroP.O. Box 1448Vail, Colorado 81659
RE: SHAPIRO DRIVEWAY - FINAL DR,,AINAGE REPoRT
RBD JOB. NO. 427-OOL
Dear Mr. Shapiro:
we are preased to submit to you the folrowing report for handringdrainage along your driveway in Vail, colorado. -
This report outlines the drainage criteria and the proposed.approach to the design of the storm drainage improvements to yourproperty. . _{nnronriate erosion contror meastlres,-as incrudea in-trrereport, will lini-t the transport of soir from newly forrned fillslopes. The finaL constructi-on prans show in detail- the rocationof thg proposed storm drainage- systen, and temporary erosioncontrol neasures.
we have .appreciated the opportunity to work with you on thischallenging project.
Sincerely,
RBD, fnc.
t Kevin w. Gingery, p.E.
Project Engineer
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Kent Rose, P.E.Project Manager
cc: 427-OOL
Doc. No. 056-009
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SHAPIRO DRIVEWAY
FINAL DRAINAGE REPORT
The shapiro property is a proposed residential site located northof rnterstate 70 and irnmediately adjacent to the Lionrs Ridgesubdivision. More specifically, ftre p-roperty is located. in tne 5s1'/4 sE 1/4 section r_, Township 5 south,-nan-ge 81 west of the 6ttrP.M- The site consists of mountainous teriain sloping south at+oy! 50' percent. The site is covered. with naiiv6 grasses,deciduous trees,. brush, and rock out croppings. The drainagedesign was done in accordance with the stonni drlinage criteria inthe Town of Vail Municipal Code, Section L7.2g.330.K.
This residential site is proposed for development. Due to thel-ocation of the developable iite wi,lfr refererice to potato patchrg.d, a driveway of approxinatery 16cE feet in length is proposed.The driveway is shown on the driinage plan in tne eppen&ix. Thedriveway_is proposed Lo consist of a L2 foot width ofisphart withan asphalt curb and gutter. Additionarry, two passengir vehiclepassing areas are proposed because the dri-veway ii inten-ded for oneway traffic- The vail Fire Department has also requested a firetruck turn around at the end of the driveway. with the addition ofthe new driveway, the naturar drainage- patterns through theproperty wilL be interrupted. The drainafe a-rea intercepted by the
lroposed driveway is 12.6 acres. rn the rocatj.on of tlie profoseddriveway,.the existing ground. srope varies frorn 2:1 to r.:L. r-intrercrib retaining walLs are proposed- along both sides of the drivewayfor approxinatel-y 13so feet. see appLndix page 2 for a typicaidriveway section.
Below the shapiro property and within the Lionrs Ridge subdivision,l-ies Red sandstone creek. The shapiro property hist5ricarly drainsto Red sandstone creek. with deveropment oi th" d.rivewJy, oncestorm water runof.f reaches any portion of the driveway, thL'stonnwater will be redirectea to torlbw the course of the driveway. Thedriveway will have a consistent cross slope, sloping in-to thehi1lside. This cross slope will direct flows away frtrn iil1 =rop"=of the retaining walL on the downhill edge of the drivewayenbanknent. An asphalt curb and gutt,er section is proposed on theuphill side of the driveway.
The scs Method. was used for the hydrological anarysis. Theanarysis ernployed the scs computer piograrn TR 55, using the 1ooyear storm frequency return period. The rainfall amount was takenfrom the Town of vail Municipal code. The tirne of concentrat,ionwas deterrnined by the average slope and traver velocities forsharl"ow concentrated overland ftow ind roadway gutter flow. Fromthe TR 55 output included in the Appendix, the-1ob year storrn waterrunoff intercepted by the drivewly :-s approxiurately e cfs. Forthis report, only the l-oo year sto-rrn rre{'riency was evaluated.
storm v/ater intercepted by the shapiro driveway is to be conveyeddown the driveway to a curb opening near potato patch Road. rroruthe curb opening, drainage flows are proposed to sheet flow downthe driveway embankment ind be collecied- in a grass swale. Fromthe-grass swale, drainage flows will be directed to a ripraprundown into Red sandstone creek. From page L2 of the Appendix;figure 5-5 shohrs that a 48 foot curb op6ning in the driveway isrequired at Red sandstone creek to rem-ove iooa of the drainagewaters from the driveway during a 1oo year storm event. Refer tothe construction drawings on the shapirb driveway for more detairsof the curb opening/rundown into Red Sandstone Creek.
None of the_ proposed irnprovements wirl effect the imperviouscharacteristics of the Red sandstone creek watershed. No separateanalysis was perforrned to upgrade any downstream storm selrersystems which convey Red Sandstone Creek flows. The proposeddriveway irnprovements wilt incorporate provisions to controlsedinent transport to Red sandstone creek. buring the constructionphase, erosion control hay bales wil1 be installed below fillsropes to control runoff and sedinent from roadway fill areas whichdo not contaj.n retaining wa1ls. With the reseeding andrevegatating.of the driveway fill areas, sediroent transport wilr becontrolled within a couple of growing seasons.
This final drainage report has outrined the proposed approach tohandle the storn water runoff intercepted by construction of theshapiro driveway. The outlined methoas wilL linit transport ofsediment to Red safidstone creek. lhe final construction pralns showthe location of the driveway, curb and gutter, grass swale, ripraprundown, retaining walls, and erosion control hay bales. Thisoutlined approach wirr provide for the safe conveyance of stormwater runoff intercepted by the Shapiro driveway and thetransportation of the runoff to Red Sandstone Creek.
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APPENDIX
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VELOCITY IX FEET ?Ii IECO{O
Flgure 8. Velocltlee for uplervl nethod of eatlnatlag 1g
7hq
54,4t-zoat Ca1t €^J 7R n T-€D
FLau)
22
f Ouicx rR-55 Version: 5.44 s/N: t3l_54oooL3 page l- ghq
TR-55 TABUI_,AR HYDROGRAPH I,IETHOD
I TlTle II Distribution(24 hr. Duration Storm)
I Executed: O1-25-l99L OgrL2323
I Watershed file: --> B:SHAPIRO .WSDHydrograph file: -_> B:SIIAPIRO .HyDr o"'33""3H,ifr3T.I+3*1".yil"$if"::13f,i3"
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>>>> Input Paraneters Used to Conpute Hydrograph <<<<I
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Subarea AREA CN Tc * Tt precip. I Runoff ].a/pescription (acres) (hrs) (hrs) (in)' i ii"i input/used
12 . 60 71. 0 o.2o o. oo 2.4o | 0.44 .34 . 30
I Trave} tj-me frorn subarea outfall to composite watershed outfall point.I Total area = 12.60 acres or 0.01969 sg,rniPeakdischarge= 6cfs
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_l:::_::"rputer Modifications of rnpur paraneters <<<<<
Input Values Rounded Values Ia/pSubarea Tc * Tt Tc * Tt Interpolated la/pescription (hr) (hr) (hr) (hr) (yes,zllo) Messages
A O.L1 0. 00 0.20 o. oo NoI
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Travel time from subarea outfall to composite watershed. outfall point.
lO,rr"n TR-55 Version: 5.44 s/N: 13ts4ooo13 ltIPage 2
TR-55 TABUI,AR HYDROGRAPH IiIETHoDTlpe II Distribution(24 hr. Duration storrn)
Executed: 01-25-L991_ 09zL2z23Watershed file: --> B:SHAPIRO .WSD
I Hydrograph file: --> B:SHAPIRO .HyD
r 1oo yEAR sroRu wATER RUNoFF coLLEcrED
ON THE SHAPIRO DRIVEWAY TN VAIL COI,ORADO
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>>>> Summary of Subarea Tines to peak <<<<
Subarea (cfs)
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Composite Watershed 6
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Peak Discharge at Tine to Peak at
Conposite outfall Composite OutfaII
(hrs)
L2.2
L2.2
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TR-55 Version: 5.44 S/N: 1315400013 page 3 Mlt't
IR-55 TABUI,AR HYDROGRAPH METHODT)pe II Distiibution(24 hr. Duration Storn)
Executed: 01-25-1991- 09rL2.23Watershed file: --> B:SHAPfRO .WSDHydrograph fj_Ie: --> B:SHAPIRO .HyD
1OO YEAR STORM WATER RUNOFF COLLECTED
ON THE SHAPIRO DRIVEWAY IN VAIL COLORADO
Composite Hydrograph Sunmary (cfs)
Subareaescription 11. 0 11. 3hr hr 11.6 11.9 L2.Ohr hr hr
L2.t
hr hr 12.3 L2.4trr hr
(cfs)taITo
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tTotal (cfs)
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Subarea
escription L4. 0hr 14.3
hr L4.6
hr 15. 0
hr
l_5. 5
hr
15. 0
hr
15. 5
hr
L7.0 L7,5hr hr
(cfs)talI
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hr
20. 0hr 22.O 26.Ohr hr
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illu
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TR-55 TABUI,AR HYDROGRAPH METHODTlFe II Distribution(24 hr. Duration Storn)
Executed: 01-25-1991 Og2LZr23Watershed file: --> B:SHAPIRO .WSDHydrograph file: --> B:SHAPIRO .HyD
1OO YEAR SIORM WATER RI'NOFF COLI;E TED
ON THE SHAPIRO DRTVEI{AY IN VAIL COIPRADO
Tirne
(hrs)Flow
(cfs)Tine
(hrs)
Flow(cfs)
11. O
11. r-
LL.2
11. 3
11. 4
l_1. 5
11. 6
LL.7
11. 8
11. 9
L2.O
T2.L
L2.2
L2.3
L2.4
L2.5
L2.6
L2.7
L2.8
L2.9
r-3. 0
13.1
L3.2
13.3
13.4
L3 .5
13. 6
L3.7
L3.8
l-3 .9
14. 0
14. 1
L4,2
14.3
L4 .4
14.5
14.6
0
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0
0
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
0
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0
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5
6
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0
0
0
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14. 8
14.9
15. O
L5. 1
L5.2
15.3
15.4
15.5
15. 6
L5.7
15.8
15. 9
15. 0
16. 1
L6.2
L6. 3
L6.4
15.5
L6.6
L6.7
l-5.8
L6.9
L7.O
L7.L
L7.2
L7.3
L7 .4
L7.5
L7 .6
L7.7
17.8
L7.9
1.8. 0
18. I
L8.2
18. 3
18.4
* (r-21 = 6r,
.93 .94 . .Q6 .€ ol 02 03 04
30 40 6.0 8.O r0 n 30 40 | 60 80 lo
INLET LENGTH, Li ( Ft)Ail' t{0FeT
REFERENCE: CARL |ZZARD, FLOOD HAZARO I{EWS, UO AND.FCO. JUNE tgiz
MAY 1984 5-13 DESIGN CRITERIA
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DRAINAGE CRITERIA MANUAL RIPRAP
Use Ho insteod of H whenever culyert hos supercriticol flor in lhe borrel.tl*Use Type L for o dislonce of 3H downstreom
FIGURE 5-8. RTPRAP EROSION PROTECTION AT RECTANGULAR
CONDUIT OUTLET.
lt-15 -82
URBAN ORAINAGE I FLOOO CONTROL DISTRtCT
W
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o.l .2.3.4.5.67.8.9 lo
TAILWATER DEPTH / CONDU|T HEIGHT-Yr/H
FIGURE 5.IO. EXPANSION FACTOR FOR RECTANGULAR CONDUITS
ll-15-82
URBAN DRAINAGE A FLOOD CONTROL DTSTRICT
O = Exponsion Angle
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75 ioulh frontage road
Yall, colorado 81657
(303) 47+2138
(303) 479-2139
September 12, 1991
Mr. Abe Shapiro
P.O. Box 1448
Vail, CO 81658
office of communltY develoPment
Re: An Unptatted Parcel, Generally Located North of sandstone Drlve and
West of Potato Patch Drlve
Dear Abe:
We are writing to you on behalf of the Community Development Department of the Town of
Vail in response to various commenb you made at the Town Council worksession on August
13, 1991. We have serious conoerns regarding numerous points you raised and, in an effort
to bett€r understand, we have gone back and listened to the audio tap€s from that
worksession meeting. We are hopeful that our response is receiwd well, as we seek to
communicate and work with you on this issue.
You stated to he Gouncil you were 'misled for two years'and lrere required to jump through
the typical Community Development Deparlment hoops, expending large sums of money at
the request of the Town", and 'that you should have been lold, up lront, that the Town did not
want this land developed.' Abe, as you may recall, as soon as the Town became aware that
there wers some residential development rights lor your property, we immediately
acknowledged that fact and this was indicated to you in letters dated July 27,1990, August
20, 1990 and September 4, 1990. lt was also tndicated hat there were two procosses which
you could pursue, in an attempt to achieve your development goals for he property. The first
option, which you decided to pursue, was to request to rezone he ptopery lo Special
Development District, and the sscond possible option was to apply for density, wall height and
slope variances. As we discussed during our August 29, 1990 meeting, either planning
procoss certainly had ib pros and cons. The statf recalls indicating very early-on in the
discussions wifr you that this woutd be a very complex proiect, given the location of the
buildable area on the site and the proposed aoosss. We believe stiatf was forthright from day
one that this would not be a simple or short review procass.
We would like to acknowledge again that you do have the right to construct one single family
dwelling, with a maximum GRFA of 2,000 sq. ft. on this site. As was indicated to you
previously, $re stafi opinion remains trat the SDD option allows you the most flexibility to
develop the property according lo your goals. However, this is not a guarantee that he
Special Development District would be approved, As we previously indicated, the stafl wouE
not be able to support a request for a density variance on this site, as we believe there to be
no physical hardship wananting support of such a variance.
Mr. Abe Shapiro
September 12, 1991
P4e2
You stated in your presentatlon to the Town Councit that'the Community Dsvelopment
Dspartment crbated hurdles.' Mditionally, you statsd that tljiculous crileria'were used to
jude your development lt is dear that you do not agree with the Tgy!'s review criteria
i*rcn tre sbff usid to analyze your prolect. However, he criteria which were used are he
same criteria used lor all Sdeciil Developrnent Districts poposals within the municipal limib of
he Town of Vail. There were no addltional hurdles created by the Communlty Development
Department, and the standards with which we revianed your application are the very same
snhdards used for all otrer SDD developmenb wihin the Town, according to the Town SDD
Ordinance. We would be happy to revl8ry other SDD prdects with you so that you feel
confident that you were treatsd in a conslstent manner.
The staff would like to go on record as belng a very strong proponent of employee housing
wiilrin the Valley. However, we emphaslze that we could not support your requesl for an
employee housing unit based on our aeshetic concems with adding additional GRFA to what
we-beiieve to be i very sensitve site. The staff ls cunently in the process ol amending the
Town's zoning regulatibns to allor for employee housing units in certain zone districts. The
AgriculturaVOpen-Space zone district is not a zone district which would have provisions lor
employee housirg. At this time, fre PEC ard the Town Council are generally in agreement
witr the staff's rebmmendation not to indude smployee housing in the AgriculturaUOpen
Space district.
We can certainly understard your disappointment and lrustration in not having your project
approved. HOwevOr, we oan assure you that the Community DeveloPment Department
rdviewed your application with an open mind and that we analyzed the project based upon all
ol our exiiting d'evelopment standards. We believe we made our reoommendations to the
Ptanning andEnvironmental Commission and he Town Council based upon sound planning
principles.
Thank you for allowing us the opportunity to respond to some of your comments. lf you would
like to discuss this further, we would be happy to meet with you at your convenience.
Sincerely,
K'*oni h ln -t L. ttfl./4 44
Kdstan Pritz
Community Development Director
Vail Torrn Council
Ron Phillips
Mike Mollica
Assistant Director of Planning
lab
cc:
Mr. Jack Reutze'l
Deutsch & Sheldon
7951 East Maplewood Avenue
Engl ewood, Co'lorado 80111
RE: Abe L. Shapiro & Company Variance App'lication
Dear Mr. Reutzel:
Mike Mollica requested that I nesearch thjs issue and respond to your
-teiier of July 17, 1.990. My review of the ordinance and the minutes of
ttre meetings it wttictt the o-rdjnance lvas discussed and passed on both fjrst
ina iecona-readings, confirms your discovery that the Code failed to
incorporate two siniences whici were inc'l uded in the ordinance on second
readi ng.
lJe apologize for any inconvenjence the improper codification-may have
iaureU 14i. Shapiro,-and I enclose a check in the amount of $100.00
representing a'refund of trlr. Shapiro's variance fee.
Thank you for pointing out the discrepancy between Ordinance. l'lo. 34 and
iiJ coiiticatibn. If-you have any questions, please do not hesitate to
call.
75 .ou0t lio|ttral tod
Y.ll' coldtdo 8185?
(309' {?}21Ot
otflcc ot town dtomly
LAE/bsc
Encl osure
cc: Abe
Mi ke
July 27, 1990
Very truly Yours,
Shapiro /
t'to'l 'l ica/
wrenc
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loun
75 toutt fto||tr& tord
Ydl, Golotldo 8135?
(3031479-Af
ofllcc of Wn |tlom.Y
August 20' 1990
Mr. Abraham L. ShaPiro
A.L. Shapiro & ConPanY
P. 0. Box 5540
Avon, Colorado 81620
Dear Mr. Shapiro:
The Town Council has requested that I respond to your l9t!e1^of August 8'
idgo i,i] iour letter ;i-G;;a i+, rggo.. As you are.aware at the present
iii",-irt.'ngri.riiur.ih'Jei-ii".e'zone.distriit would allow one residence
not to exceed z,ooo .qli'.. t.!i in GRFA on your property' -The Counci'l has
iiii vit-i,iiae-a-iiiisiJn-rrrreit'ir or nor to amend the Asricultura],/Open
iii.!-i.r"-aiit"ict i;-.;t-;;t. Should the Agricultura'l/oPen Space zone
district be amended prior"tii-ir,e tine any development rights.you may have
;;-;i1;-;ril""iv ;ui.[;,'riaJi ilior"ao lai, the amendment wi'1.] be effective
as it retates to youi pi.p!.tv-i, wett as'ail other property zoned
ng.iiufirtal/0pen-space in the Town of Vail'
You raised the question as to whether or not it would be possible to' ln
some way, grandfather your proPerty even. if your 9:Y:l9p5ll..r'lghts have
nit-vli',i.itJd under ciioraio iaw io that yolr_property wou'ld not be
affected by any "r.nai.ni'ii-tft. ngtiiuttu|at/Oiren Splc: zone district'
The Town Councit at iii ttork Sessi6n meeting of August 7: 19?0' dld-not
cornnit to a "grandtaifteringil oi youn properiy but iequested that I look
lnto the matter further.
you certainly have the right to proceed with your plans to develop your
property and incur whatevlr expenses you wish-' however' the Town Councll
cannot guarantee to Vo|-ii ttrt-preseni time that the land sha11 stay as
Dresently zoned or tlat if the ioning on the'land is changed your proPerty
ii tt Ue "grandfathered."
In your 'tetter of August 14, you reguested the Town Councl'l consjder
pirritting you to coistruct-a-home dhat contains nore than 2,000 square
ieet of e[fl on your property. The Counci] is not ln a positlon to grant
this request at lhe pi.esent itme. There are two procedures you may fo'llow
ln an attempt to obtiin the rlght to construct a home wjth nore than 2'000
squit. feet'of GRFA. The firsl is a variance procedure to.obtain relief
irom the requirenents of the Agricultural/0pen Space zone di.strict as it
now stands. ' A variance requesl ls heard by'the Planning and Environmenta'l
Cornjssion and is subject do appeal to the Town Counci'| . The second
pojsibj'ljty js to reqiest an amendment to the Agricultural/Qpen Space zone
iistrict wiich wou'l d e'l jmlnate the 2,000 square foot requirenrent. This
procedure requires passage of an ordinance by the Town Council '
For your information, there is no way that the Town Council may arnend.the
lgriiuituri'l/Open Spice zone dlstrici by a resolution at a Town Counci'l
116rk Session. 'Such'a
change nust occur as previously stated through the
passage of an ordinance at a regular or special Town Counc'l I meeting.
If you have any questions concerning these matters, please do not hesitate
to ca]'l .
Mr. Abraham L. Shapiro
August 20, 1990
Page 2
LAElbsc
Very truly yours'
Lawrence A. Eskwith
Town AttorneY
o
hwn
75 routh hont gP rold
Y|ll. colorrdo 8lf'57
(303) 4792138
(30:r) 479439
Septenber 4, 1990
Mr. Abe Shapiro
P.O. Box 1448
Vail, CO 81658
RE: Agricultural and oPen
Dear Abe:
ofilco ol communlty dcvdogment
fttt
copr
Space Zone district
The intent of this letter is to follow up on some guestions-that
n-re g"terated at our Augrust 29, LggO neeting with Kristan Pritz
and Imin Bacharach.
As you are aware, your property is zoned Agrlcultural and open
ip"l" ana i" affowia to-haie oire ctwellinS.glri! with a rnaxinun
Cife ot 2,OOO sq. ft. Per a discussion wlth Larry Eskwith, Town
ell"r"eyr'should you decide to construct a detached greenhouse-nd/or iirn, such-accessory uses would not be counted as GRFA.
In response to your question regarding-whether or not any neu
arnendnint to thE rowri zoning coie would affect your proposed
developnent, I can only ref6rence a letter written to you by
h;t-i;kiinl rorn Atiorney, on August 2o,- Lee_o. This letter
iaaii"ie" vesttng of developient rights under Colorado law.
Abe, your final question was with-regard to.whether or not an
"toioi." housing'unit would be allowed on this site and whether
;;-;;f-th;-iaaiifoirii unit would count as cRFA. As we discussed
;t ;G rr.ting, 1ae belleve there are tlro alternatives in which
vou could pursue an-aaartronal ernployee housing unit on this
lii..--it"-iirJt option would be Lo propose to rezone the
ororertv to speciai oevelopnent District and to request an
iAaitioir.t awltting unlt ana aaaitional GRFA. The aeconcl opElon
would be to r"q,li;€ i -ensity variance for 6RFA and nnnber of
;i$.--agifn,'t should point out that denslty variances are very
difficult to outain, 1n ihat you nust show a physical hardship'
I 5
A8E 3HAPTRO
I,ETTER, PAGB 2
I bopc tbe abovr Lnfonatlon addrssaes the guestlons that you
UaviraJ,aed, bor3vlr, 1l you rhould bave any further couenta or
quertJ.one pieacc trci lrri to contact D€ at 479-2L3e'
8lnccrly,
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utkc t{outca :* tS;;l.;-;r;trr.r1 )..!'
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oflice of communlly devolopment7E south.lronttgG road
vCl, cdorado 81657
(3(ts) 4792138
(3Gt) 47$439
August 12, 1991
Mr. Abe Shapiro
P.O. Box 1448
Vail, CO 81658
Re:AnunplattedParce|,Genera|lyLocatedNortho'sandstoneDr|veand
west of Potato Patch Drlve
Dear Abe:
Thank you for your letter dated August 7, 1991 which is addressed to Ron Phillips' Vail Town
Manager, and which was hand deli-vered on that same date. The Town appreciates the notice
youhavegivenus,statingvouwllbeexercisingyour,by-right.useofthepropertyasap|ant
ind tree nursery, and to raise field, row and tree crops'
I would like to intorm you that Design Review Board approval is required qrigr to the removal
.i *t-*grftion on ihis s1e and/oi the construction of'an access road' This approval is
;;q;iltd;dnt to Chapter 18'54.030(4), which states the following:
'No person sha|| commence remova| of vegetation, site preparation, bui|ding
construction or oernotition, dumping of materiat upon a site, sign erection, exterior
alteration or enlaigement of an exiiting structure, paving'Iencing or other
improvements of open space wihin the corporate i'Ttt {if^lown of Vail unless
deiign approval has been granted as prescribed in this chapter'-
The issue of access to your property shall be addressed through the design review^process
lor your proposed ptant ind ired nuisery. As we discussed thiough your previous Special
Oeie6pinent Oistri6 appfic"tion, shoulti you proceed with the construction of an access
driveway to your prop"ril, * -approveO
specLt use permit from lhe United States Forest
service shall need to be secured, and a copy otthe'permit must be.submifted to the Town of
Vait. Additionatty, atter Oesign-Rbview eoari approval,.a Town ot l{t graOing permit shall be
necessary prior to any gradiig on the-property' i woutd recommend you contiact Gary
Murrain, Town of Vail chief Building official, regarding the issuance of the grading permit
. ltFnn :! lll
Mr. Abe Shailiro ''
Arlgust 12, 1991
Page 2
lf you should hare any ques0ons or comments on any of he abow, please do not hesitab to
contact me at 47$2138.
Sincerely,
It-/ la/, ttfn!.)fc /'lfr-a\-:-
Mike iiollica
Assistant Dlrector of Planning
't&
cc: VailTorn Council
Ron Philllps
Larry Eskwffi
Kristan PriE
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680 HARLAN . LAKEWOOD, COLORADO 80214
Telephone (3o3) 239-6303 . FAX (3031 239-8719
August 6, 1991
Mr. Mike Mollica
COMMUNITY DEVELOPMENT DEPARTMENT
75 S, Frontage RoadVail, CO 81657
Dear Mr. Mollica:
My reaction was one of "horrort' when f reviewed Abe Shapirors
request to cut a 1650 ' long road across the steep face of a
beautiful undisturbed mountainside. The fill required,and proposeQ,,
across Sandstone Creek is enough within itself to question the
desirability of this entire reguest.
I think it ridiculous to deface the entire side of this nountainfor the benefit of one individual .
Hopefully, this audacious request will be refused.
Respectfully,t----+
Mel E1ward
Owner, Potato Patch Club
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950 Red Sandstone Road #44 Vail, Colorado 81657
JuLy 22' l99I
Mr. Mlke Molll-ca
Conrnrunity Development Department
75 S. Frontage Road
Val1, Colorado 8L657
Dear Mr. Mol-1lca:
This letter shall serve as a fornal protest for the entLre Potato Patch Club
Condominium Assoclatlon regardlng Abe Shaplrors request to cut a road on
the hlllside adJacent to Potato Patch Club.
Havlng attended the laet conmunlty developrnent meetlng regarding this lssue,
the nal or concern to our homeowners doea not seem to be the house Ltself as
is the defacLng of an entlre htLlslde for a single home. Several of the
honeowners have walked on that hillside and the ground ltself is unstable
at tlmes even for hunan footing.
This hillside ls a beautlful, natural red sandstone area and che honeowners
feeL lt would truly cause a negative lmpact on the vl-ew from Potato Patch
Club.
Thank you for your tlne and conslderatlon.
Yours truly,
rX. .r--.lt
\J :.ts_,r-s,,__\--
Laurle Hardmeyer C
Secretary for
Potato Patch Club Condominiun Association
cc: Potato Patch Club homeowners
MORTON PUBLTSHTNG COTGNV
925 W. KENYON AVE., UNIT 12
ENGLEWOOD, CO 80110
(303) 761-4805
ffio JUL 91199f fTle?no
aQr^<'
*, orr0
'nn,
Paul M. Hoff, Jr.
Unit Il, Potato Patch Club
950 Red Sandstone Road
VaiI, Colorado 81657
July 30,19 91
Mr. Mike Mollica
Community Development Department
75 S. Frontage RoadVail, Colorado 81657
Dear Mr. Mollica:
This letter is written to you in relationship to consider-ation which will be given at the town council meeting on August
6, I99I, to the request, by Mr. Abe Shapiro, to have certain
waivers granted by the Town of Vaj-l to permit him to build a
home adjacent to the Potato Patch CIub.
I have reviewed extensive information provided to me regard-ing Mr. Shapirors request and feel Mr. Shapiro should be given
a1l rights to which he is entitled, but that no waivers orspecial consideration should be given to permit construction ofa single-family home on this location, because granting this
would not further the goals of Vai1, as stated in the VaiI Com-prehensive Plan.
Thank you for the consideration of my views
PMH:dw
Sincerely,
o
E1
Txoap BnoxeaAcE REsouRcEs
9979 VALLEY VtEw RoAD. SutrE I 5l
EDEN PRA|RTE, MlNNEsorA 55344
@121 944-7650
July 30, 1991
l{r. !,tike r,lollica
Ccmm:niQr De\relqrl|3nt Departsn€nt
75 S. Frontage Road
Vail-, Color:ado 81557
Dear ltr. l'lcllica:
Please onsider this pro€est letber regarding
l,lr. Abe Sh4>irors request to ctrt a aoad cn thehill nect to my hcrne at Potato Patdr Ch:b.
lfy rajon @n€r:ls are ttre 1600 ft. lengtir of ttre
road, the fact that it will senrc only cne fanrily
ard the peunanent of ttre enti:e hillside.
Gaqt firorp
Iandonrrer, #10Potato Patdr Cl:b
b'd-.E0,q-1o-- r..,!i€
St xugo6o"""11
HOTELS . ATOp NO8 HtLL. SAN FRANCTSCO, CA 94105 . (415) 772-5000
FAIRMONT HOTEL MANAGEMENT COMPANY
EXECUTIVE OFFICES
July 30, 1991
Mr. Mike Mollira
Community Development Department
75 South Frontage Road
Vail, Colorado 81657
Dear Mr. Mollica:
As owner's of Potato Patch Condominium n,950 Red Sandstone Road, my wife and I have just
been made aware of Mr. Abe Shapiro's efforts !o have a private road cut into the hillside
adjacent to our Potato Parch property.
Mrs. Swig and I are strongly opposed to his request, and wish to make you aware of our
opinion, Vail is an exquisite, pristine area and its' beauty is the reason we selected Potato Pa0ch
for our second home. To alter this hillside in anyway would be appalling. While I empathize
with progress, destoying nature for one home is intolerable.
Chairman
RIS:sak
THE FAIRI,4ONT f{OTELS:CHICAGO. DALLAS. NEUJORIfANS. SAN FRANCISCO. SAN JOSE
for inbmaton at @sevalrcns at any Fairmont Hotel. 6it Tot free 8@527 4727
o
. - \J'11 \'
. i \v
*b$o-
EBUITABL E BAGi GO., lNC.
37-11 36TH AVENUE, LONGi ISLANI] CITY, NEW YOFIK 111O'I
TEL.714-7BB - OETPO FAX 1-71El-3er-1€t15
RoCIEF|T KRISIEIEL
FFEAEENi
AFTC' CHEF EXECUTWE CIFFICEFi
July 30, 1991
Mr. Mi.ke Mollica
Corffnunity Development Department
75 S. Frontage RoadVai1, Colorado 81657
Dear Mr. Mollica:
As a resident of the Potato Patch C1ub, I strongly objectto the huge construction that Mr. Abe Shapiro intends tobuild across from Red Sandstone Road.
I'm concerned because a structure of that size would ruinthe view of all of those i.n the conununj,tv- and in additionto disturbing the vegetation on the hi11side, the problemsthat might cause damage to the hillside and the surround-ing area .
If I read all the literature correctly, Mr. Shapi.ro would
have to be granted variations and changes to the zoning
and frankly I see no reason why that should be al1orved.
Very trulv yours,
Robert Krissel
@RFORATE HEADOUARIERS
Long lsland City, New York
PAPER MILLS
Orange, Texas
ITTANUFACTUR|NG PLANTS
Orange, Texas . Florence, Kentucky
EPJ e
FncL
F'0 AuG 051991 O oDrN MARTNE, rNc.
66 GATE HOUSE ROAD
STAMFORD, CT 06902
TANKERS PHONE: 203 969-3300
CHEI/I/VEG PHONE: 203 969-3400
FAX: 203 969-3417
TELEX 3722044 ODIN
DDD - 203 969-3315
DDD - 203 969-3317
CABLE: ODINMAR STAM
REUTEBS T4335August 1, 1991
Mr. MiteMollica
Comnunity Development Department
75 S. Flontage Road
Vail, Colorado 81657
Re: Mr. Abe Shapirob Proposed Consmrction
Across Red Sandstone Road
Dear Mr. Mollica,
Reference the above subject proposed construction and notifications received from the Potato Patch
Oubb office including a copy of the memorandum dated July & 1991, to the Planning and
Environmental Oommission for C-ommunity Development Department
After having read tle enclos€d documeDts we have leanred to appreciate the regulations set forth by
the Tocn of Vail in their endeavors to pre il the rustic natural look of tle area The wonderful vien'
and position was d€scribed to us ia detail whea we purchased our residence at the Potato Patch Club
by our realtor from Vail.
It is with extreme regret that we learn that Mr. Shapirob request for various variances are eeetr
oonsidered by the toum. Mr. Shapiro mruit have been well aware of these regulations when he pur-
chased his property. We most vigorously object to his proposed plans as it will certainly change the
appeaftuc€ surroudingthe Potato Patch Ctub andwil ircvitablyb€mme aneye sorein the hillside.
We sinoerely hope your estee,med department wi[ reject the applicatiog of ftfr. Shapiro in regards to
the common inter€st of the town of Vail in general and the local r€qid
Even P. Johansen
\./
-
Potato Patch Club No.5
TO:
FROM:
DATE:
SUBJECT:
I
MEMORANDUM
Planning and Environmental Commission
Community Development Departnent
July 8, 1991
A request for the establishment of a Special Development District located on
an unplatted parcel located in a part of the SE 1/4 of the SE 1/4 of Section 1,
Township 5 South, Range 8l West, 6th Prime Meridian, generally located north
of Sandstone Drive and west of Potato Patch Drive.
Applicant Abe Shapiro
Planner: Mike Mollica
I. INTRODUCTION
Abe Shapiro, applicant and propercy owner, has frled a request for the establishment of a
Special Development District for an unplatted parcel of land located in the northwest section
of Lionsridge Filing No. 1. This 6.8 acre, unplatted parcel is located nonh of Sandstone
Drive and west of Potato Patch Drive.
Mr. Shapiro is requesting that an SDD overlay zoning be approved for his propeny. Such
approval would allow him to expand the maximum allowable GRFA of 2,000 square feet,
which is currently prescribed in the Agricultural and Open Space Zone District. The
applicant is proposing that the maximum GRFA be increased to a total of 3,425 sq. ft. for the
primary residence. Secondly, in addition to the allowable single family residence on the site,
the applicant is proposing one restricted employee dwelling unit on this site. It is proposed
that the employee unit would be integrated into the main structure and it would consist of
approximately 1,200 sq. ft. of additional GRFA. The combined GRFA proposed, for the
primary and the secondary (employee) unit, is 4,625 square feet. This does not include a 900
sq. ft. attached garage, which is considered a "credit," and is not included in the calculation of
GRFA.
The third variation from the underlying zoning is with regard to the maximum height of the
proposed rctaining walls and the maximum slope of cut and fill areas. Section 18.58.020(C)
of the Vail Municipal Code stipulates that the maximum height of a retaining wall cannot
exceed 6 feet, nor can it exceed 3 feet in any required front setback area. The applicant's
proposal includes retaining wall heights of up to 9.5 feet. The Vail Municipal Code (Section
18.54.050,D,7) also requires that all cut or fill slopes not exceed a maximum of 2:1. The
applicant is proposing to exceed this standard with cut and fill slopes of up to 1.25:1.
II. BACKGROUND ANDHISTORY
On June 9, 1990, Mr. Abe Shapiro rcquested a variance from the minimum lot size to allow
for the constnrction of a single family residence, with a secondary employee unit on this
parcel. Subsequent to the review of the proposal, the Planning and Environmental
Commission, by a vote of 5-0, unanimously denied the applicant's request.
At the rcquest of Jack Reutzel, attorney for Abe Shapiro, the Town attomey reviewed
ordinances rclating to the density section of the Agriculture and Open Space zone district.
The results of this review indicated that a codification error had occurred in 1979 and that the
existing Town code, in the Agriculture and Open Space zone district, does allow one single
family dwelling unit having 2,000 sq. ft. of GRFA, provided that a parcel in this zone district
contains a minimum of one acrc of "buildable" land. This information was passed on to Mr.
Reutzel in a letter dated July 27, 1990, by Larry Eskwith.
UI. DESCRIPTION OF T}IE REOUEST
The applicant is proposing to construct a single family residence with an integrated,
perrnanently restricted employee unit. Additional structures proposed on this site would
include a 1,500 sq. ft. detached barn and a 162 sq. ft. detached greenhouse. Access to the
site is proposed via a 1,650 foot long driveway, which would begin at the first switchback,
adjacent to Red Sandstone Creek, at the bottom of Potato Parch Drive. The driveway is
proposed to be 12 feet in width, and would consist of an asphalt surface, as well as an asphalt
curb and gutter on the uphill side. A safety guard rail is also proposed for the entire Iength
of thc driveway, and the guard rail would be installed on the downhill side of the driveway.
Due to the isolated location of the applicant's prcperty, and the fact that the property is not
immediately accessible to a public road, the parcel is considered to be "landlocked".
However, Mr. Shapiro has applied for a Special Use Permit from the United States Forest
Service to obtain a private road easement, across the adjoining White River National Forest
lands to the east, thereby obtaining vehicular access to his site. This private driveway, if
approved by the U.S. Forest Service, would cross approximately 700 lineal feet of Forest
Service property. A significant amount of fill material would be required to be placed over
the existing two culverts for Red Sandstone Creek. The reason for this additional fill material
would be to elevate the initial section of the driveway so that a maximum grade of l07o can
be achieved. The Forest Service review of the Special Use Permit, and the Town of Vail's
review of this SDD establishment, are proceeding concunently. A final decision from the
Forest Service is not expected until late summet
The proposed private driveway would also cross a section of Town of Vail public right-of-
way. This encroachment will require an approved easement from the Town, for ttre
approximate 130 feet of driveway which is proposed to be located within the right-of-way.
ry. ZONING CONSIDERATIONS
Mr. Shapiro's unplatted parcel is located in the Agricultural and Open Space Zone District.
As such, the permitted uses in this zone disrict are as follows:
A. Single-familyresidcntialdwellings.
B. Plant and tree nuneries, and raising of field, row and trce crcPs.
C. Public parks, recteation arcas, and open spaces.
This zone district also allows for the following conditional uses, subject to the issuance of a
conditional use permit:
A. Any use within public parks, recreation areas, and open spaces which involves
assembly of more than trvo hundred persons together in one building or goup
of buildings, or in one recrcation area or other public recreational faciliry.
B. Public and private schools and colleges.
C. Churches, rectories, and related structures.
D. Private golf, tennis, swimming and riding clubs, and hunting and fishing
lodges.
E. Semipublic and institutional uses, such as convents and religious rctreats.
F. Ski lifts and tows.
G. Cemeteries.
H. Low power subscription radio facilities.
Additionally, the density secrion of the Agricultural and Open Space Zone District (Section
18.32.090) rcads as follows:
"Not more than one dwelling unit shall be permitted for each thirry-five acres of site
area, of which one acre must be buildable. Provided, however, the one dwelling
shall be allowed on a lot or parcel of less than thirty-five acres which contains
one acre of buitdable area. Such dwelling shall not exceed two thousand square
feet of GRFA," (emphasis added by staff).
The following analysis comparcs the existing Agricultural and Open Space Zone District
development standards with the applicant's rcquested Special Development District:
Site Area
Buildablc Area 1.395 acres
Setbacks
Front
Rear/Sides
Building Height
Density
GRFA
Site Coverage
Parking
Underlying Tnrung
A ericulture/Open Soace
6.844 acres
20 ft.
15 ft.
30 ft. - flat roof
33 ft. - sloping roof
1 dwelling unit
2,000 sq. ft.
14,906 sq. ft. or 5Vo
Per current development
standards
Prooosed SDD
6.844 acres
1.395 acres
110 ft.
115 ft. minimum
29 foot maximum
2 dwelling units
4,625 sq. ft.
Approx 7,000 sq. ft. or 2.3Vo
Per current development
standards
V. SPECIAL DEVELOPMENT DISTRICT CRITERIA
The criteria to be used to evaluate this proposal are the 9 Special Development District (SDD)
development standards set forth in the special development district chapter of the Zoning
Code. The criteria are as follows:
A. Design compatibitity and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The architectural style of the applicant's proposed residence is "southwestern." The
stalfs concerns do not lie with the proposed architectural style or general character of
the architecture, but with the mass and bulk of the strucnue, given the very high
visibility of the site. We appreciate the applicant's efforts to design a low profile
home for the property. However, we arc very concemed with the applicant's request
for additional GRFA on a property that is located on such a prominent hillside, is very
visible from many areas of the community and is currently zoned Agricultural and
Open Space. It is the staffs opinion that the allowable uses in the Agricultural and
Open Space Zone District clearly indicate the rural nature of the disrict. The purpose
section of the zone disrict (Section 18.32.010) states that:
"The Agricultural and Open Space district is intended to preserve agricultural,
undeveloped, or open space lands from intensive development, while permitting
agricultural pursuits and low density residential use consistent with agricultural
and open space objectives. Site development standards are intended to
preclude intensive urban development and to maintain the agricultural and open
space characteristics of the district."
The staff believes that, in order to fully meet the intent and purpose of the
Agricultural and Open Space Zone District, the mass and bulk of any residential
dwelling proposed in the disrict should be kept to a minimum. We believe the
provision for up to 2,000 sq. ft. of GRFA to be very reasonable in this zone district,
and that the applicant's request for more than twice the allowable GRFA is excessive
and inappropriate.
B. Uses, activity and density which provide a compatible, eflicient and
workable relationship with surrounding uses and activity.
The staff believes that the applicant's proposed uses for the site, such as a single
family residential dwelling, a detached greenhouse and a detached barn are compatible
uses in the districr Additionally, we can appreciate the applicant's desire to assist in
providing a restricted employee housing unit within the Town of Vail. However, we
feel the additional mass and bulk required to construct the employee unit is not
appropriate on this particular parcel. Again, the staff emphasis is on keeping the size
of the building to a minimum, and thercby reducing the visual impacts from the
Valley floor below. The staff would be able to support the employee housing concept
on this site if the applicant was willing to take the GRFA for the employee unit from
the 2,000 squarc feet which is currently allowed.
C. Compliance with parking and loading requirements as outlined in Chapter
18.52.
The applicant's proposal includes a threc-car attached garage of approximately 900 sq.
ft. in area. This garage, in conjunction with the associated surface-parking area
immediately to the west of the garage, will provide more than adequate parking for the
proposed development.
D. Conformity with applicable elements of the Vail Comprehensive Plan'
Town policies and Urban Desigl Plans.
The Town of Vail Land Use Plan shall be utilized as a guideline in any request for a
Special Development Districr This property has been identified in the Land Use Plan
as "QEn Space." The open space designation rcads as follows:
"Passive recreation areas, such as greenbelts, stream corridors and drainage
ways are the types of areas in this category. Hillsides which were classified as
undevelopable due to high hazards and slopes over 407o are also included in
this area. These hillside areas would also allow types of development
permitted by existing zoning, such as one unit per 35 acres, for areas in
agricultural zoning."
This SDD proposal was also analyzed according to the Town of Vail Land Use Plan
Goals and Policies. The staff has identified the following goals and policies we
believe to be relevant to this proposal:
Goal No. 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 controlled and developed
with sensitivity to the environment.
Goal No. 1.12 - Vail should accommodate most of the additional growth
in existing developed areas (infill areas).
Goal No. 5.1 - Additional residential growth should continue to occur
primarily in existing, planed areas and as appropriate in
new areas where high hazards do not exist.
Goal No. 5.3 - Affordable employee housing should be made available
through private efforts, assisted by limited incentives,
Goal No. 5.5 -
provided by the Town of Vail, with appropriate
restrictions.
The existing employee housing base should be preserved
and upgraded. Additional employee housing needs
should be accommodated at varied sites throughout the
community.
The staff believes that, in order to comply with the Land Use Plan goals and policies, and the
"Open Space" designation on the applicant's parcel, the extent of development on this
particular parcel should be kept to the maximum allowable, under the existing Agricultural
and Open Space Zone District.
E. Identification and mitigation of natural and/or geologic hazards that affect
the property on which the special development district is proposed.
The southwest section of the applicant's property is located in a high severity rocKall
zone, as well as a high hazard debris flow area. A hazard evaluation was completed
by Nicholas Lampiris, Ph.D., on August 15, 1990. Mr. Lampiris has identified certain
mitigation measures which he believes would decrease the hazards on the site. Such
mitigation measures include a 6-foot berm around the rear (north) of the home to
deflect rocls or debris and/or extending and suengthening the foundation walls, above
finished grade, on the north side of the structure (internal mitigation). It is the staff's
position that, should this project be approved, and proceed to the building permit
phase, the direct (internal) mitigation measurcs recommended in the study by Nicholas
Lampiris be included in the overall final design of the residence. It is the staff s
understanding that the applicant is willing to do the intemal mitigarion.
F. Site plan, buitding design and tocation and open space provisions designed
to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
It is the staff s opinion that this is undoubtedly the most important criteria, of the nine
which are used to review the merits of this proposed Special Development District.
Because of the location of this property on a south-facing hillside, above and to the
northwest of the center of Vail, the development would be very visible from locations
within the central areas of the Town of Vail, as well as from the ski slopes above. To
quote from the environmental assessment, which was completed for this project on
May 20, 1991, under the direction of William A. Wood and Tim Grantham, of the
Holy Cross Ranger District (USFS):
"The project will increase the viewer's perception of human influence which at
present conveys a natural impression; at completion, the project will appear an
extension of low density residential development adjacent to other developed
areas, thus serving as a visual ransition between the dense development of the
Valley floor, and the natural vistas of the upper mountainsides. Retaining
walls will be extensively used, but use of native rock materials, revegetation,
and landscaping will serve to minimize visual impacts. Visual impacts will be
minimal from the center of the Town of Vail, where the view of the project
area is oftcn obstructed by buildings; and from the I-70 corridor, where the
traffic velocity tends to shorten and obscure views of the project area. The
area will be most visible from Vail Mountain, by skiers or those using the
Vista Bahn lift."
The Town staff is extremely concerned about the visual impacts that the road cut, and
the associated development, would have upon the community as a whole. We
acknowledge the fact the applicant does have the right to construct a single family
residence, with a maximum of 2,000 sq. ft. of GRFA on this properry. We are also
cognizant of the fact that access to the site is exremely difficult, given the steep
topography, rock outcrops and the proximiry of the nearest public road. Staff believes
that even with the utmost care in constructing the project, that rcvegetation will be
extremely difficult, and that permanent scarring of the hillside will be visible from the
Valley floor below.
G. A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
1. Vehicular Access
hoviding vehicular access onto this property is perhaps the most difficult
aspect of the development. The applicant is proposing to begin the private
driveway at the lowest switchback of Potato Patch Drive. Within the first 200
feet, the driveway will cross over two existing culverts, in which Red
Sandstone Creek is piped for approximately 150'. At this point, the applicant
is proposing to add approximately 14 feet of additional filI over the creek, in
order to elevate the driveway and to maintain a maximum driveway slope of
llVo. \\e staffis very concerned about this additional fill material and the
aesthetic impacts it will create. This "wall of fill" will be highly visible to all
those in the area of Potato Patch Drive. Additionally, the potential impacts to
an existing, nearby Forest Service trailhead are being addressed by the Forest
Service, through their evaluation of applicant's requested Special Use Permit,
for the driveway. The applicant has agreed to maintain access to the trailhead.
2. Retainine Walls
The staff believes that the retaining wall issue is a key point in the evaluation' of this Special Development District proposal. Considerable lengths of
retaining walls will need to be constructed in order to maintain a maximum
107o slope on the driveway. As proposed, all the retaining walls would be
constructed out of large boulders, which would be located both above (for the
cut slope) and below (for the fill slope) the drivervay. The heights of the
exposed portions of the boulder rctaining walls would vary from a minimum of
3.4 feet, to a maximum height of 9.5 feet. Excluding the frst 250 feet of the
driveway, where considerable amounts of fill would be placed, the boulder
retaining walls would be necessary for the remaining 1200 feet of the
driveway. It should be noted that at this time, the proposed rock retaining
walls have not been fully engineered. Extensive soils testing will be necessary
to determine the exact heights of the walls. Please see the attached lener to
Abe Shapiro, from Greg Hall (Iown Engineer) dated June 27, 1991. The staff
has analyzed the proposed retaining wall heights and lengttrs and the
apDroximate dimensions are as follows:
Lengrhs of "cut wall" between 0-6' in height 440 lineal feet
Lengths of "cut wall" over 6' in height: 1,030 lineal feet
Lengths of "fill wall" between 0-6' in height: 890 lineal feet
Lengths of "fill wall" over 6' in heighu 130 lineal feet
3. Cut & Fill Slooes
The cut and fill slopes, located both above and below the proposed driveway,
are another issue which the staff would like to address. The Town's
development standards state that the maximum allowable slope shall be 2:1.
The applicant is proposing to use geo-textile fabrics, integrated into the slope,
and is proposing that a maximum slope of 1.25:1 be approved. The staff
acknowledges that the ste€per the slope, the narrower the area of disturbance
would be. However, we are very concerned with the pmposed revegetation
method of these steep slopes. The applicant is proposing to revegetate these
slopes with a combination of transplanting existing vegetation and seeding. An
excelsior erosion contnol net would also be used. For the specifics on thc
proposed revegetation plan please see the attached plan, submitted by Marty
Jones of Colorado Alpines, Inc., dated June 26, 1991.
The applicant is also proposing to install a temporary irrigation system, for one
to two years, in order to help establish the vegetation. The Town staff,
including the Town Landscape Architect, have some concerns about this
method of revegetation. The staff believes that the timing of the transplanting
is the critical element in the revegetation process. This period is from early
April to mid or late May, and from early October to mid November (depending
on the weather). Additionally, the Town's experience in revegetating steep
slopes has been that slopes in excess of 2:1 become very difficult, if not
impossible to establish vegetation on. The Town staff would like to see a fully
detailed irrigation system plan and would also like to see the use of trees and
shmbs used extensively in the revegetation plans.
4. Summarv
In summary, the staff is very concemed about the applicant's proposed
revegetation plan. The revegetation of such steep slopes has just not been
proven in the Vail area. If the revegetation of the slopes does not succeed, the
slopes would then need to bc flattened, thereby increasing the area (width) of
disturbance. This would involve rebuilding the driveway and increasing the
heieht of all the r€tainine walls. The staff generally supports the revegetation
concept as proposed, however, we feel that there is a strong possibility that the
rcvegetation may not succeed on the 1.25:1 slopes.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
The revegetation and landscaping of the proposed access driveway has been discussed
above. The proposed landscaping plan, around a perimeter of the residence, is as
indicated on the attached landscape plan. The following new plant materials are
proposed to be installed around the rcsidence:
1. 30 Aspen/2" caliper.
2. 4 Pinion Pine/6' all.
3. I Rocky Mountain junipcr/6' tall.
4. All disturbed areas are proposed to be revegetated with native grasses.
No sod arcas are proposed.
Staff believes that the proposed landscape plan, for the arca around the perimeter of
the residence, is positive.
Holy Cross Electric has an overhead feeder line which traverses the entire length of
the property. Ted Huskey, Engineering Service Supervisor for Holy Cross, has
indicated that Holy Cross does not wish to have this "short" section of line placed
underground as he believes it will crcate engineering problems for the Association.
(Please see the attached lener from Holy Cross, dated June 21, L99l). All ry utility
lines for the project are proposed to be located underground.
I. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
No phasing plan is proposed, as the applicant wishes to construct the project in one
phase.
10
The staff recommendation on the applicant's proposed Special Development District is for
denial. As discussed in this memorandum, it is the staff"s opinion that the applicant's request
to deviate from the existing underlying zoning of Agriculture and Open Space does not
further the overall goals of the community as stated in the Vail Comprehensive Plan. The
purpose section of the Special Development Disnict chapter of the Town of Vail's zoning
code (Section 18.40.010) states the following:
"The purpose of the Special Development District is to encourage flexibiliry and
creativiry in the development of land in order to promote its most appropriate use; to
improve the design, character and quality of new development within the town; to
facilitate the adequate and economical provision of streets and utilities; to preserve the
natural and scenic features of open space arcas; and to further the overall goals of the
community as stated in the Vail Comprehensive Plan."
The staff feels very strongly that the applicant's proposed Special Development District does
not meet the purpose and intent as stated in the above paragraph or the SDD criteria. Quite
simply, we believe that the highest and best use of this site, and the use which would actually
further the goals of the community, would be to preserve as much of this property as open
space. Again, the staff acknowledges that the applicant does have the right to construct a
single family dwelling with a maximum GRFA of 2,000 square feet on the property. We are,
however, opposed to the granting of any additional GRFA for the residence or the employee
dwelling unit and overall we see no community benefit associated with this aspect of the
Special Development District.
The staff does believe that some flexibility from the strict interpretation of the zoning code
may be wananted, specifically with regard to the retaining wall heights and the cut and fill
slopes. The staff is willing to work with the applicant to ensure that the proposed site
improvements and the area of disturbance are kept to a minimum. We feel that there may be
some advantages to increasing the retaining wall heights above the 6' maximum and possibly
exceeding the maximum 2:1 cut and fill slopes in certain areas. In order to justify any
deviation from the zoning code, we feel that more information is needed. Such information
would include the following:
* A deniled revegetationflandscape plan for the fill area over Red Sandstone
Creek. This plan should include the type, quantity and locations of plant
materials. Again, the staff believes that trees and shrubs should be extensively
used in the planting plan.
* A more detailed rcvegetationlandscape plan is needed for the disturbed arcas
along the access driveway. Standald cross sections should be included. A
detailed irrigation plan is also necessary.
* Ain engineercd drawing indicating the overall extent (i.e length) of the 1.25:1
slopes is necessary to determine the exact location and extent of the steep
slopes.
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COLORADO ALPIIIES INC.
4L246HUY6&24
BOX 2705
AVON, COLORADO AL62@
949-6464
June 26, l99t
SIIAPIRO RESIDENCE
DRIVEXAY REVEGETATION PLAN
To reduce the vlauel lnpect of gradlng and roEd cuta .nd
to nalntaln the natlvc landacape' a conprehenelve plan of
landecepe coneervatlon tE propoeed ln conJunctlon vith
the nev ShapJ.ro rerldenoe. Thie plan ehElI lnclude
utlllzatlon of ex1Btlng rock featuree EB much BB
poeelble, se rell ag extenelve regevegatlon.
The revegetation progren ehall coneiat of, traneplantlng
of exletlng materlale (lncludlng thruba' rLldflovere and
natlve graeaee), reeeedlng vlth elmllar gretaea and
rJ.Idflovera, and uelng an excelelor eroslon control nat
on ell alopee of, tvo-to-one or greater.
1. The traneplantlng method lnvol'vee beginnlng the
excEvetlon process lete enough ln the EeaBon to allov for
eucceeef,ul trensplantlng of the exletlng rneterl'aIe. Thle
slII lnvolve renovlng the top tro feet of aoll lncludlng
the vegetatlon and transplantlng J't through an eroelon
control net along the upper and lorer edgee of the cut
behind the current vork area. Thte rlll be vatered as
neceBBar]t.
2. The greee aeed m1x ehall conteln 66% durar hard
f,esque, 1O7. drarf Canada Blue graee, l@% perennlal rye
add L@% Etreembank rheat greea. Thle mlx rlII not
dupllcete the exlatlng graeeee but rlll be qulte
slmilar to thenr. To the polnt that a dlecernable
dlfference rtll not be notlceable.
3. tJltdflover geed f,rom the gite rlll be eollected I'n
addltl,on to other eul,table apeclee lvailable on s
eomnercl,el baeie and rovn at e rate of, .5 lba per lrOO@
eq ft ln dieturbed areae.
4. 8' tubllnge of Sage (ArternLele trldentate vEr.
vyornlngeneiB), Servlceberry (Atnelenchler elnlfolia),
Ctlff Roee (Coranle nexicana) and other natlve ehrube
vlll be ueed lf, neceEsery to revegitate dleturbed areae
lf there lE not enough rnaterlel ealvaged from the cut.
Thle natertrl rlll be planted approxlnrately 5' on
center.
5. In the eprlng an irrlgetlon eyaten IJ.II be lnetalled
flaclJ ScPq5
r:riL*o/'/)
to cover dl.rturbed lreeB. Thie rlll conglet of large
thror heade l4O'-5,O') surfacr mounted on a ternporary
baeie (l to 2 yrera or 13 long re lt tekee to get the
plrnt nrterlrl estrbllehed to a polnt rhere 1t can
auBtaln l.trclf on rvrllrble raln fell.
6. The netural rock forrnatlong vlll be utlllzed
rherever poralble re retalnLng rella and landacape
feeturee. Any excrvated rtone rlll be utlllzed ln
retalnlng ugllg rherc ncce--uy. The retalnlng valls
rtll be conatructed ro ts to compllment the natural
rock fornetlona. Every cff,ort rl.ll be mede to tneure
unneceeEery rcerlng of the atone and the exletlng
landecape durlng exctvatlon.
7. The goel, le to cut the drivevay and revegetate the
dieturbed rreeB ao EE leeve them looklng ee neturel aa
poeelble and to achleve mExlrnum recovery aE Boon BB
possible.
It le rny profeeeLonal oplnlon that the deelred reeulte
can be achleved v1th the proper lnltlal and eubeeguent
ettentlon and effort. ThLa eame treatment (ae
reconnended for the drlvevay ahouldere) can be applied
to the excevated aree neceeBBry for the utlllty dftch.
tfhen conpleted, there ehould be very lltt.l.e vlelble
evLdence of dteturbance other than the drlveray lteeLf.
The natural ehelf rock formetlone, ae vell ae the
boulder and rock ralla, rlll blend very compatlbly vlth
the exletJ.ng nountalnalde.
ThLe nethod haa proven eucceeeful ln the paat ln e
elnllar eltuation ln Singletree. (A elte vielt cen be
arranged et your convenlence lf eo deglred. Slldee ere
alEo avallable. )
m,
Colorado Alplnea, Inc.
llertln Jonee
HQLY CROSS +ECTRIC ASSCcIATION'
3?99 HIGHWAY E2
INC.
(303) 945-5491
FAX:945-40CtP. O. DRAWER 2!50
GLENWOOD SPRINCS, COLORADO 8I602
June 21, 1991
Eil JUL 11991
Ur. Ulke t{ollica
Planning llePartnent
Town of Vail
?5 South Frontage Road West
Vail , Colorado 81657
RE: Abe Shaplro Tract ln the s1 L/4 of Sectlon 1,
iownefrii 5 south, Range 82 tleEt of tlre 6th P' t'l'
Dear llr. Itlolllca:
Reference is nade to your tnquiry of June 2O,- L99L concernlng the
Jot.r""rton of a p"rtiirn of U6fy Eross Electricrs overhead prlnary
electrlc tine to"unaeiground wirere lt croEseE the abone nentloned
tract. Due to the fact that overhead to underground converslon
Fi;i" tena to be nore troublesone than othgr pfrts of our-svstern, se prefei €o avola short proJects llke this one where two
c6nveriion bol.nts sould be required.
Said conversion points also nust be quickly accessLble should
pi"Uf.r. arise. -The terrain around ffr. Sh-pirots tract vould
make the convereion polnte dlfflcult to access due to the eteep,
r,iiiv-ttri"fn ina-pa-rtlcurarly eo 1n the winter tine, creating
longer outage tlnes than necessary.
should you have additional questlons, pleaee call ne at 949-5892.
Sincerely,
noLY CROSS ELEqrRrc AssocrArroN, rNC-,fl4
Ted Huskey,
Engl.neerlng senrLce Supenrisor
TH:rJn
cc: t{r. Abe shapiroA. L. ShaPiro and ConPanY
P. o. Box 1448Vall, Colorado 81658
n/O#gL-]3008 : 51-50 : shaPiro Tract 30
75 Soath Frontagc Road
Vtil, Colorado 81657
t0 t -47 9-2 I 5 8 | FAX tqt -47 I -2 | 66
ffur JUN .- t1g9i
D c p artm cnt of Ptbl i c ll'ork s lTr an s p orr t t ion
June 27, 1991
Mr. Abe ShapiroA.L. Shapiro & Company
P.O. Box 1448vail, co 81658
Dear Abe:
The following is needed frorn you before I wiLt sign off on your
overall wall deslgn.
1) Provide sufficlent geotechnical lnvestigation from a
registered professional engineer to deternlne:
a) Delgn parameters for the wall design, which
include; soil bearlng capacity, angle of internal'
function or coefficient agalnst sllding, soil untt
weight, equivalent fluld weight, rnaximum graded
slope angle allowed above the wall and any
surcharge inposed on the wall from the sloping
backslope.
b) Areas of rock cuts expected and deternination of
naxirnum cut slope allowed in the rock.
c) The design of the geogrid reinforced fifl slope atits maxinum degree of slope alfowed. Whether this
slope could be irrlgated or watered to allow
revegetation and rnininlze erosion.
2, Provide from a registered professional engineer design
calculatl.ons, constructlon guldelines and
specifications for the rock retaining walls.
a) The design calculations need to take the design
paraneters provided fron the geotechnical report
and look at the wall for overall stabiLity
regarding failure due to soil bearing capacity,sliding and overturning. The calculations mustalso look at internal stability concerning the
members of the wall being able to resist the
TOII{V OFVAIL
forces being put on thern and how the rocksinteract/interlock as lndivldual nenbers to
transforn the forceE to the walls overall systern.
The calculations should look at sufficient wall
scenarios to provlde construction gruidellnes for
the varying wall heighte but not design everysingle wall height.
b) The construction speclfications should be writtento ensure that the walls are built in a nanner
presumed by the deslgn englneer when analyzing thewalls stability.
If you have any guestions, or your design professlonals have anyquestions please contact me at 470-2160.
Sincerely,
2*^lJ
Greg'Ha11
Town Engineer
GHrldsr
cc: frike uollica
925 W. KENYON AVE, UNIT 12 Dflltl r r r r ? rENGLEWOOD,COS0ll0/-' 'sr *,vL v i
(303)?6r-4805 !t
iggr lllEfnO
ro, Ir,Lt- IUuA-o rn M0,o.DATE:
EUEJECT
l"-lo*i i'''l'|]f''-it
95o Red Sandstone Road #44 . Vail. Colorado 81657
July 22, 1991
![r. Mlke Holllca
Connnunity Developnent Departueat
75 S. Frontage Road
VaIl, Colorado 81657
Dear Hr. MolLlca:
This letter shall eerve as a fornal protest for the entlre Potato Patch Club
Condomlnlum Assoclatlon regardlng Abe Shaplrors request to cut a road on
the hlllside adJacent to Potato Patch C1ub.
Havlng attended the last comunlty development Eeetlng regardlng thls {ssue,
the naJor concern to our homeowners does not 6een to be the house lteelf as
1s the defaclng of an entlre h1l1slde for a elngle horne. Several of the
homeowners have valked on that hlllslde and the ground ltself ls unstable
at tlmes even for huoan footlng.
Thts hiLlside le a beautiful, naturaL red sandstone area and the honeowners
feel it would truly cause a negat{ve lnpact orr the view from Potato Patch
CLub.
Thank you for your tlme and conslderatlon.
Yours tru1y,
."-]\J . z -'riL/ \ -. .-^^l Ji^r)- .** F
LaurLe Hardmeyer f
Secretary for
Potato Patch Club Condoninir.rm Assoclation
cc: Potato Patch Club houeormers
o
PLANNING
o
COMMISSIOAI{D ENVIRONMENTAL
July 8, 1991
Present
Chuck Crist
Diana Donovan
Connie Knight
Ludwig Kurz
Kathy Langcnwalter
Jim Shcarer
Gena Whittcn
Staff
Krisun Prie
Mikc Mollica
Jill Ikmmerer
Andy Knudtscn
Shclly Mello
Bctsy Rosolack
Ambcr Blcckcr
The meeting was called to order by Chairperson Diana Donovan.
Carol Dick
Jill Kammercr
Jill Kammerer madc\e prcsentation. Sid Schulu, rprcscnting the showed a new
landscape plu the prcferred over what was prcscnted in staff memo. Sid
Schulu said the applicant agreed to pave the driveway.
Kathy Langenwalter su dumpster bc built hillsidc. Jim Shearer preferred
to sec the dumpster at tbe end of the access Chuck Crist did not have a
problem with the applicant's plan,said the should be placed as far down on the
road as possible away frrom Meadow
Diana Donovan stated she also wanted to the dumpster as far south as possible. If
possible, the owner should berm
gcnerally provided more scrcening
'the
thc
to scnecn ir She felt that three aqpens
landscapc plan.
Connie Knight said she to sec the aspens irl landscape plan. Kathy preferred
the shnrbbcry for the color Kurz did not havc a on thc landscaping.
Diana suggested the be narrowed in thc drive if
A motion was by Kathy langenwalter to approve the the staff mcmo, and
cited thc !s ttrat no special privilege was bcing 9ru1tr4 and complied with
stated that theB(l), B(2 B(3Xa), (b) and (c) of ttre memo. The conditions of
3hall install thc submiued landscapc plan, including one crab ninc potcntilla,
-.v-
A reouest fm thc cstablishment of a Soecial Develooment Disrict for an unolatted
parcel located in a oart of the SE l/4 of thc SE 1/4 of Section l. Township 5 South.
Ranee tl West. 6th hime Meridian. sencrallv located north of Sandsone Drive and
west of Poato Paeh Drivc.
Aoolicanc Abe L. Shaoiro
Planner: Mike Mollica
4.
Mike Mollica prcsenrcd rhe ovenicw of rhc requcst, revicwed the saffs position and the
SDD review crieria- Staff rccommcndcd dcnial of thc rcqucst for a Special Dcvclopment
District, citing the fact that staff could find no community bcncfrt from its establishmenr
Staff could see some flexibility with thc rcaining wall hcight rcquiremcnts, and the slope
requirements, but had conccms with 0rc rcqucst fc additional GRfA.
After thc completion of staff s prcscntarion, Mr. Shapiro prcscnted a dctailcd rebuttal to
staff s concerns. He rcad ponions of nvo lencrs into the rcco,r4 to illustrate his rcasoning in
applylng for an SDD. The first was dated March 21, l99l from the Town Engineer, and the
second was from Mike Mollica, dated September 4, 1990.
Mr. Shapiro also addressed the concerns over the height of the rctaining walls necessary for
the consmrction of his driveway, stating it was not uncommon in many areas of Town. He
also discussed the spccific engineering of the driveway, including the revegetation plans.
Concerning thc size of the proposcd residence and employce housing units, he indicated 2'000
sq. fr for a single family dwelling was too rcsuictive, and that he believed he was doing the
right thing with providing a 1200 sq. ft. cmployee housing unir
Concluding his statements, Mr. Shapiro stated he believed the proposal was practical,
rcasonablc and made sense. He thought hc had responded to evcry rcqucst made by staff.
He said 2,000 sq. ft. was more suited o a condominium than a single family home. He
declared the rcquests from the VW, Sonnenalp and Spraddle Geck for similar concessions
were motivated by profit, and staff had supponted those rcquests. He simply wanted o build
a homc he and his wife could livc in. He believed the negative affecs from the by-right
agricultural development of this property would be far worse than his proposal. If the PEC
nceded a hardship critcria to justify the SDD, hc said the 2,000 sq. ft. sizc for a single family
homc on the lot was unrcasonable.
Laurie Haruneyer, representing the Potato Patch Homeowners Association, stated the
Association did not object to the house, but to the driveway-that it would hurt the natural
beauty of the Sandstone are& The Association was also concemed with the possible impacts
of having bouldcr retaining walls if thc road faile4 questioning if bouldcrs would "fly" down
thc mountain. Mr. Shapiro rcqponded that thc roclf,all hazad arca on his lot did not affcct
the roadway, and from thc drainage rcport, if thc culvert backcd up, Sandstone Creek would
flow east and down the road" Howcvcr, at thc high water point approximarcly threc wecks
previously, orty 25% of thc culvcrt had bccn used. Ms. Hartnreyer said that thc main
concem was the view facOr and the possible failurc of the boulder retaining walls.
ll
Audience mcmbcr Joan Ackerman askcd if a conal arca was planned- Mr. Shapiro said it
would only bc a portablc outsidc coral.
Kathy Langenwaltcr said she bclievcd thc issuc of whethcr ur SDD was appropriate f9I Oil
projcct should bc the focus of thc discussion, rathcr than thc spccifrc design. Connie *tti8lt
asked wtry an SDD was being prrsucd in this circumstance. Mike Mollica replied suff lad
related to Mr. Shapiro there werc two ways he could procccd with his FqucsL He could--
either punuc an SbD, or ask for dcnsity, wall hcight and slope variances. However, staff
could find no hardship which would suppon tbe dcnsity rcqucsL Statr said this was a unique
situation whcrc an SDp was bcing proposcd for additional GRFA. Larry Eskwith elaborated
that there was no zonc district within the Town which would allow Mr. Shapiro to accomplish
his goals. Mikc cxplaincd that, if thc parccl wctr rczoncd o Hillsidc Rcsidcntial, additional
dwelling units and subdivision of thc propcrty would bc possiblc, and ncither tbc Town nor
Mr. Shipiro wished to procecd that direction. Mr. Shapiro clarified it was his opinion the
Warner SDD had becn allowcd for a similar purpose, namely additional GRFA.
Krisun Prie explaincd that Spraddle Geck Subdivision had been developed under the
Hillside Rcsidential zone disrict, and the landscape plan submincd with the subdivision
request was much mor€ extensive. With Mr. Shapiro, only a wrinen statcment of intent had
bein submitted- Krisun said Mr. Shapiro's site was very sensitive; even more sensidve,
perhaps, than Spraddle Crcek. She felt it was not appropriatc to constmct a 1200 sq' ft.
lmployee unit on the site. Mr. Shapiro rcsponded he believed 800-900 sq. ft. was too small
for-two people, and believed a unit of 1200 sq. ft was the right thing to do. He believed that
if employees did not have a decent placc to live, they would leave Vail.
Diana Donovan questioned if the zoning allows a 2,000 sq. fr residencc to be built, and the
road could bc dcsigned without thc nced for any variance, would any approval from dre PEC
be necessary for development? Larry stated none would be necded, but that the Town did not
have an obligation to allo* Mr. Shapiro to cross the Town right-of-way in order to access his
Propeffy.
Diana asked for a show of hands from the Commissioners on whether an SDD were
appropriarc for this &velopment After a majo'rity indicated they did not hlieve it was,
Dianarclated to the applicant the Commission had also voted against rccommending thc
Warner SDD, but the Council had approved thc developmenl Shc suggcsted the
Commissioner's comments bc given so they could be passed on O thc Council.
Bcforc thc C.ommissioncn bcgan thcir commcnts, Kdstan clarificd that staff was not ccnain
thc driveway could be built without variances.
Chuck Gist began lhe commenrs by asking for clarification that the site could be developed
as a vineyard or other agriculn:ral use. Larry stated it could, as it was a by-right use in the
zone disricr Chuck said hc bclicvcd an SDD was inappropriaa, but that Mr. Shapiro had
donc a good job ryrng to makc ir work. Chuck's main conccrn was with the cuts necessary
o
housc, infor thc construction ofthc drivcway. IIc said thc size ofthc
havc a minimal impacr
his opinion, would
Jim Shcarcr asked why the GRFA in thc zone disrict was so low. Larry cxplained it was
dcsigned as a low dcnsity dcvclopmcnt zone district, primarily agriculnral in nature. The
intent of thc Council was originally o prohibit all dcvelopment in the zone disuict , but the
Council had compromiscd by allowing minimal dcvclopmenr Jim also wanted to know what
the mudmum sizc of a gencric cmployec unit was. Mikc relatcd the housing snrdy had
recommendcd bcnveen iOOgOO sq. f mc Dauphanais dcvclopment had bccn permittcd 500
sq. fr, with ur additional 300 sq. fr uansferrablc from the prfunary unit in certain conditions.
Jim said hc would support rhe allowablc 2,000 sq. ft for thc prinary unit, and 500 sq. fi" for
an employec unit, foran approximaA Otal of 2,500 sq. ft. of GRFA on thc sitc. Hs starcd
his suppon for thc constmction of an cmployec unit.
Diana statcd she would suppon an evcn a larger cmployee unir Gena Whinen agrecd, saying
she could support between 60G800 sq. ft. of GRFA for an employee unit. Ludwig concuned,
saying he could also support a larger unit
Kathy exprcssed she had a problem with thc driveway, and was not sure she could suPport
any de".toprent on the site for that reason. Also speaking on the issue of the driveway, Jim
suia ne did not likc the possibiliry of a pernancnt scar, but bclieved Property ownen had a
reasonable right to enjoy their property. He said that if everything possible were done to
limit the scarring, he would supPort Mr. Shapiro's dcvelopmcnt righS, though he would
prefer to sec thc-house closer to thc base of the property to lessco the scar. Jim also said he
would like to scc the Forcst Service trailhead dcsign further studied Jim asked if the road
would be dedcd to the Town of Vail. Krisun replied the Town would probably not wish to
accept it
Chuck said he would support an employee unit of between 500-800 sq. ft. in addition to the
allowcd 2,000 q. ft. primary rcsidence.
Mr. Shapiro asked for dircction on how he should proceed. Mike indicated he could tablc the
rcquest ind amend it to take ino considcration the comments the Commissioners had made,
ask for a votc or withdraw the proposal.
Gena said shc belicved Mr. Shapiro had done a good job on the road. She thought the 2'000
sq. fr allowcd was outdarc{ and rccommcnded to suff that be reviewed for the ftture. Mr.
Shapiro rcspondcd he felt it was the Commission's job to make right the problems in the
zoning code. Diana said she did not want to sce large houses on agricultural zoning, and the
zonc district was accomplishing cxactly what it was meant to do.
Diana's biggcst concern was the road- Shc said thc housc was sct back far cnough to
minimizc ia impacts, but did not bclicve a GRFA bonus should be given for the primary unit.
Shc did bclievc an cmploycc unit would bc acceptablc, howcvcr. She had an additional
r3
concern ovcr the rccommcndation of morc plurdng of trecs, as therc werc few on the sirc at
this poinr Mikc clarilicd the staffs rccommcndation was fc planting of "grovc-like" arca$
spccifically ncar the creek
Diana rccommcnded that if this proposal continued to Couneil, it bc rccommcnded Mr.
Shapiro blcnd the old scar on the Town rightof-way.
Diana could not suppon ttre SDD rcquest, as she saw no bencfit to thc community, only a
bcncfit to the applicanr If the primary unit werc d*rcascd in sizc to thc allowed 2,000 sq.
ft, shc could support an cmployec unit up to 1,000 sq. ft. in size.
Ludwig Kurz was concgrned with thc scar, cvcn with ttre mitigadon mcasures Mr. Shapiro
proposcd- Howcver, hc stacd if uryonc could accomplish a good dcvelopment on this sitc, it
would bc Mr. Shapiro. Ierdwig had no problcm with the bulk and sizc of thc structurcs, but
that an SDD was not appropriate since hc could find no community bencfir
Kathy concurred with Ludwig, saFng ttrc SDD was inappropriate. She was uncomfortable
with ttrc cut and fill proposal, as she had found the ac$al consmtction impacts to always be
worse than originatly anticipated- She said there would bc too much scaning for a private
rcsidcncc. Howevcr, if thc dcvclopment could bc accomplishcd without a variance, she
believed Mr. Shapiro had the right ro build his house. Regarding the cmployee housing, her
support would bc influenced by the drivcway. If the driveway could bc bcttcr dcsigned" she
may bc able to support up to an E00 sq. fr cmployee unit.
Connie Knight agreed with staffs recommendations, finding no community benefit from the
SDD. She agreed Ont 2,000 sq. ft. was not cnough for a single family unit' but it was the
zoning. Shc had no concerns with a smaller employee unit on the site.
Mr. Shapiro asked for the consensus of the Commission if they prcferred the cmployee unit
be attachcd o the primary unit. They said they would- Mr. Shapiro thcn asked for direction
on how he could proceed. I-arry Eskwith said the Planning Commission's role in the SDD
prccess was advisory, and they gavc rccommendations to Council. Thc options hc rclated to
Mr. Shapiro wer€ that he could: 1) go forward with his proposal to Council, 2) withdraw his
application and bring back a new proposal, or 3) table his rcquest and revise his proposal. If
he chose to withdraw the current application, he would bave two options for a ncw lequest.
He could bring a new SDD rcquest, or rcquest variuccs. However, larry staAd either
rcqucst would be evaluated by the appropriatc criteria - cither ttre hardship qircda for the
grant of a variance, or the 9 SDD crircria.
Mr. Shapiro thought tabling the crrrcnt SDD rcqucst was moot, as it was clcar thc Planning
Commission did not want an SDD. He said hc wanrcd to withdraw his application and
punuc a variancc requesL Diana remindcd Mr. Shapiro that hc could still procecd to Council,
with thc Planning Commission recommcnding dcnial of thc requcsr Shc said it was hcr
opinion it might bc wiser to procced to thc Council, and if thcy &nied the request, he could
l4
procc€d from there. She beticvcd that gavc him morc options, as hc could havc more time to
reflcct on the course of action he wished to ta.ke, and could still tablc or withdraw his
application at the Council lcvcl.
Kathy addcd ttrat if Mr. Shapim endcd up retuming with a variancc rcquest, it was still
possiblc the dctermination of the PEC could bc called up for revicw by the Councit If Mr.
Shapiro 1lrocceicd with a recommcndation ftom tbc Commission at this Point, hc could u the
minimum rcceivc input from thc Council on thcir opinions.
Aftcr Mr. Shapiro sarcd hc woutd likc to rcceivc a rccommcndation from thc Planning ud
Environmcntal Commission on the SDD, and procecd o Council, IGthy Langcnwaltsr movcd
to rccommend dcnial to the Council of thc requcst for the cstablishmcnt of a Special
Development Disuict for an unplattcd parcel leatcd in a part of thc SE l/4 of tttc SE l/4 of
Scction 1, Township 5 South, Range 81 Wcst, 6th Prime Mcridian, gencrally located north of
Sandstonc Drive and west of Pouto Parch Drive, bascd on the finding that thc Special
Dcvclopment District did not furthcr the ovcrall community goals of the Comprchcnsive Plan
or the Special Devclopment District objectives. She further moved that the Commission's
comments on the Special Development Disgict bc includcd with thc rtcommendation.
Ludwig Kurz scconded the motion. It was unanimously approved 7-0.
5. A reauest for a worksession on wall heights at the E.B. Chester Residence. l,ot 19.
Block l. Vail ViUaee First Filins/395 Mill Creek Circlc.
Aoolicant E.B. Chester
Plannen Kristan Prie
Kristan Priz cxplained the reason this worksession had been called was to gct the Planning
and Environmcntal Commission's opinion on thc retaining wall hcight cxceedencc. Jay
Petenon, applicant's rcprcsentative, p'rcsented the applicant's position on the options available
to rcctify thc situation. IVfr. Grant Williams, a ncighbor of thc Chesten, argued that the
suMivision covenants did not allow for fcnccs, and that thc Town Zofug Code upheld the
covenants.
The issue was left undecided, with the question to bc researched by Iarry Eshvith, Town
Anomey. The PEC stated their dcsire to sec the fcncc mect thc hcights rcqutcd by thc code.
Most members felt some flexibility may bc warranted concerning the height of the wall in the
parking ar€a on thc southwcst corner of thc propcrty.
l5
TEI'ORANDUM
TO: Town Councll
FROM: Community Development Departnent
DATE:lulay 7, 1991
Our research of Eagle County's records lndicates thal a total-otip all of which are ln
ownership, ae zoned Agricultu@g@ are
t0 prlvats finershiP Parcels, he
6ffis?ne parcel, of 26.6 acrbs in size, which is zoned Agricultural and
Open Space.Also, Vail Associates owns a total of ten which ae zoned ral
in The Tovn
ol Vailowns FErcels, all ol which are zoned Space.
L lNlrereIlgN
At the request of the Town Gouncil, the plannlng staff has undertaken and comdeted research
regarding'all of fre AgriculturaVOpen Sp'acE zoned parcels within he Tortrn's municipal limits.
ttie attaineO worksheets indicatd parcits by County tax Patcel number and also by he
designation ot Private vs. public ownership. Each parcel's acreage. ownership, and a briel
description of fre location of the parcel are also indicatod.
ons acre
rZiana-e
II. BACKGROUND AND HISTORY
As you may recall, the lssue of potential development on parcsls wfrich.ae zoned Agricultural
anO OpenSpace ltrst aose whin Abe Shapko irresented a requqst to he Town to dsvelop a
paicatwnicfi he owns lmmeOiatety above Lionsridgg_Loop. !9 foy.m's lnitial resPonse to Mr.
bnapiro's requesl was that tre woutd need at least35 acres ol hnd in order to construct a
singie lamily'dnelling. However, with further rasearch of tre Town's recorG' lt was
dlsiovered that a codincation Itror sxislsd, etd hat Mr. Shapiro was, Indeod' enUtled to one
;afib tanit dnetting witn a maxtmum GRFA ol ?,oo0 T.fr -Tl,t specific wording In the
Uu-niApa Code, under Section 18.32.090' Density nads as follows:
.Not mors han onE drrelling unlt shall be permltted for eadt 35 acres ol site area' of
which on6 acre musl Ue Uuildade. Provlded, ho'vevsr. that one tlrrelting shall-F. .
altowed on a lot or pacel of less tran 35 sctgs nfiich contains one acrs of buiklable
area. Such drrelffn! shall not excaed 2,000 sq. lt of GBFA"
It is impossible, at his lime, to determlns exacdy how many parcels, whicfi are in prlvate
ownership, have he ability io construc,t a sirpte-family dnelling. The rEason for this is hat'
SUBJEGT: Agricuttural and Open Spaca Zone Distict
posbb b debtno wheher any of heurlhout wy e'tretl3hte d|v€y htlonnafron, ll b h
prfvab owiershlp parccb luw the rqulr€d onr &r? ol buldaHe araa Bulldable area, as
you mry ocall,
aboYg, tpre are
sccaoe of gaderthan one
ol hesa 12 parcals. dstr be[evos
Athough I b fnpossUe bdebmlne lhe tulkbble arca'
hat a rnalodty ol rald patcals would be lmpacbd by elther
As
ran
fioodplsln, doop slopea or luzetds)
2l **1,4 lfr N-'f,Vt"^-4
Glven the llmlted number ol prhala ownershlp parcals, and thelr pobnual for Mura
derol rnen! he stail reconimendauon at his Ume b to tBks no acton. We belleve he
exlstin! zonirp code can address lha concsms nrtrlch mhht arlsa &e to pobnual
development on any of tre above sltes. We bellew ltwould be happroprlate b modlry $e
zoning code at hls tlme.
clcotncifuncmcbhrdn.€0
III. STAFF FECOMMENDATION
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IIEITORANDU}t
TOs Members of the Vait Town Council
SROl'ts Abe Shapiro
DATE3 July '29, 1991
AUBaIECTS 6.844 acres zoned Agriculture,/Open Space with1.395 acres buildable area.
ft is my hope that by rnaking this information available to youprior to the August 6, 1991 meeting you will have the opportunityto carefully consider ny appeal and to think about the reasons whyI believe my appeal deserves approval.
From my phone conversation with Mike Mollica on 7-LA-9L Irm toldthat his memorandun to the Planning and Environmental Commissiondated 7-8-91 will be forwarded to you as a basis for yourunderstanding of what is involved. Ird like to use this as aformat to explain my request.
I have used the Special Development District apptication as theprocess because this is the process the town staff thoughtappropriate. (See attached letters from M. Mollica dated 9-4-90
and 3-21-91). Also, this Special Development District process wasused by Warner Development as a means to acquire a secondaryattached unit with additional GRFA on 3 single family residences onSunburst Drive (next to ny present horne) and the Council saw fit toapprove this over the P & E Comnission denial. Based on thisprecedent and the Town Staff's direction I thought this process tobe appropriate. Why the Town Staff indicated to me to use the SDDprocess and then recommended denial because in their opinion Ididnrt meet the sDD criteria is difficult for rne to understand?
Page Two
I will try to cover the issues as I understand then:1. My request for additional GRFA over the 1979 zoning 2r0OO s.f.GRFA. If I am forced to, I'11 build the 2,000 s.f. GRF'A.But, f believe this is impractical and unreasonable. The
21000 s.f. in todavrs world is not sufficient for a modestsingle family home. f believe all of the Council members
would feel this way if they were in ny position and would want
some relief frorn this hardship. The residence will remain a3 bedroom, 3 bath design whether it is 2,000 s.f. or more,itrs just that one plan would be practical and another planwould be impractical. Why should someone be forced tounnecessarily build an inpractical horne in Vail. ff myrequested 3t425 s.f. is more than the Council feels should bepernritted for whatever reasons, as a part of my appeal, let us
agree on a lesser number, but sonething that hopefully would
be reasonable and practical.
2. Mv request for a rrRestricted,rr attached Ernployee Housinq Unit:f believe this would be a benefit to the Town and is inkeeping with the Townrs philosophy of promoting Restricted
Enployee Housing. If the Lt2OO s.f. GRFA is not acceptable tothe Council, let us agree on a lesser number that hopefutlywill allow a couple to live cornfortably and be full year non-transient Vail enployees. After the P & E rneeting on 7-8-9Lduring a public discussion (its on your tapes) I asked each ofthe 7 P & E menbers if they had any problen with an attached,restricted ernployee housing unit and everyone said they couldlive with that except the s.f. suggestedwas fron 500 to I,OOOs.f. Let us agree on a size if possible.
Relative to issues L & 2 abovei may I rernind the Council:
a) This is a 6.844 acre parcel with 1.395 acres of buildableIand. With no other residences or improvements near thissite.
b) AII setbacks would be many, nany tines the minimumrequired by code.
c) euilding heights would be below the naximums perrnitted by
code.
d) Site coverage at the worst would be less than Ll2 ofwhatrs pernitted.
e) ff all the inprovements requested rirere approved we would
be using only 2.3* of site coverage and 97 .72 of the landwould remain as is, agricultural open space.
f) The proposed southwestern architecture and general
character of the architecture is acceptable to the TownStaff.
\
Page Three
S) The concern of visual mass of the structure will begreatly dininished by the structures being built into themountain in a stepped fashion with the main residenceover the enployee housing unit and garages stepped intothe nountain and consisting of only 2 levels. What is
propcised would have a low profile, Iow visibility andwould preserve the rural and open space nature of thesite. It would be substantially less of a visual impactthen any of the existing hornes to the east or west atthat elevation or higher.
h) The proposed inprovements would have absolutely no impacton anyone or on anyoners property, itts off by itself.
i) The inprovements would be set back on a plateau withtrees and shrubs on al"l sides reducing the visual irnpactto an absolute rnininum (there is more than enough
overgrowth material on the site to be able to transplant
and do this and I would irnport whatever additional wouldbe necessary).
In conclusion relative to issues 1 and 2, if the Council feelsthe |trestricted employee housing unitrr of whatever size is nota benefit to the town, then as part of rny appeal I would liketo agree on a residence of nore than 2,Ooo s.f. GRFA ifpossible with no ernployee housing unit.
Access over USFS land bv the private driveway:
The access perrnit is in its final phase for approval and we
have been requested by the USFS to prepare the ttDraft DecisionNoticert for signature by the USFS. The USFS has been assuredaccess to the existing trail head over USFS land will bepreserved. The portion of the driveway over Sandstone Creekis part of the total driveway engineered drawings as well asthe drainage plan. At the neeting I can show the Council,
Landscape Architectural sketches of what this will look like.
The USFS will accept the approved driveway ptan by the Town asit relates to that portion of the driveway over USFS land. Iwould agree that any approval of the Council concerning the
landscapi-ng of this area be made "subject torr a landscape planbeing approved by the Townrs Staff. I agree with Staffrsbelief that rrtrees and shrubs should be extensively used inthe Planting Plan.rl
3.
Page Four
4. Concerning the Drivewav's retaining walls and slope cut andfills- reveqetation:
These concerns by Staff have been discussed in detail manytines.The basic driveway design and turnaround areacceptable (see letter copy dated 3-21-91 fron Greg Hall).
Everyone realizes additional information is required by the
Town i.e., final driveway engineered drawings, landscape plan,revegetation plan, irrigation plan, etc. and al-I items
mentioned by Staff. However, all of these iterns, are part ofthe approval process required for Design and Review approval
and,/or bullding permit approval and the Council should not
assume they are itens necessary or required now, and for thisapproval.
I have separately listed all the items already made availableto the Town Staff. In many, nany instances itens that werenot yet required, but that were supplied to show my maximumcooperative effort. These expenditures are approachj-ng the
95or0oo figure. Therefore, you can appreciate the need forapproval first before additional expenditures are made.
This is a quote fron Staffrs Recomnendation dated 7-8-9L; (the
bracketed comments and the underlining is nine):
rrThe staff does believe that sone flexibility frorn the strictinterpretation of the zonincr code may be warranted,specifically with regard to the retaininq wall heights and thecut and fill slopes. The staff is willinq to work with theapplicant to ensure that the proposed site inprovenents andthe area of disturbance are kept to a rninirnum. We feel thatthere may be some advantages to increasinq the retaining wall
maximum 2:1 cut and fill slopes in certain areas. In order tojustify any deviation fron the zoning code, we feeL that moreinforrnation is needed. Such infornation hrould include thefollowing:
* A detailed revegetation/landscape plan for the filIarea over Red Sandstone Creek.. This plan should
include the type, quantity and locations of plantnaterials. Again, the staff believes that treesand shrubs shouLd be extensively used in theplanting plan.
* A nore detailed revegetation/Iandscape plan is
needed for the disturbed areas along the access
driveway.Standard cross sections should beincluded. A detailed irrigation plan is also
necessary.
Page Five
*
(AII the
approval
An engineered drawing indicating the overall extent(i.e. length) of the L.25.1 slopes is necessary to
deternine the exact location and extent of the
steep slopes. rl
above will be supplied when appropriate for D & R
and building perroit approval).
6.
5.Required Easement over a smal-l nortion of Town riqht-of-wav:
The most efficient and shortest route of the proposed driveway
creating the least visuaL inrpact and earth disturbance crosses
a small portion (approximately 13o lineal feet) of the N.E.
corner of the abandoned Lions Ridge Loop roadway right-of-way.
This property will probably never be used by anyone for any
purpose so it shouldnrt create any problern for an easement to
be granted. f would pay any expenses incurred for the
preparation and publication of the necessary ordinance and any
other expenses incurred as it relates to this easement.
Concern about Visual Inpact:
Under existing zoning the site can be used for rrPlant and tree
nurseries, and raising of field, row and tree crops.tt If the
present or future owners of the property were to pursue this,
it would require the removal of all existing trees, bushes,
shrubs and vegetation and the land would have to be plowed upin order to be used. This certainly is not a preferred
alternative.
The other existing zoning pernits rrPublic parks' recreation
areas and open spaces.rr The site is not practical for use asrrPublic parks or recreation areas.rr As to rropen spacesrrr my
plan will allow 97.72 of the land to remain rropen space in itsnatural existing setting.rl
The private driveway wilI be properly landscaped and
revegetated in a manner as to reduce visual inpact to a
nininun. It will have less of a visual irnpact then now existsin nany areas to the east and west of this site.
The inproved area and its proposed landscaping seems
acceptable to the Townrs Staff as to rrproposed architecturalstyle or general character of the architecturerr and rrStaff
believes that the proposed landscape plan for the area around
the perirneter of the residence is positive.rr
I believe I am preserving agricultural and open space to its
maximum, (97.721 . I an creating the lowest possible
residentiat density. I an precluding intensive urban
development and naintaining open space characteristics.
Page Six
I quote fron Staff's recommendationl "the Staff believes thatthe appliiantrs proposed uses for the site, such as a singlefanily residential dwelling, a detached green house and a
detached barn are cornpatible uses in the district. rr The Staff
agrees that Irm furnishing more than adequate parking. fquote from the rrTown of VaiI Land Use Plan Goals andPolicies, r! Goal No. 5.3. trAffordable enployee housing should
be made available through private efforts, assisted by linitedincentives, provided by the Town of Vail, with appropriaterestrictions. coal No. 5.5. rtThe existing enployee housingbase should be preserved and upgraded. Additional employeehousing needs shoutd be accomnodated at varied sitesthroughout the conmunity.rt
As to GSA hazards, it has been established that the onlyseverely sensitive area exists in a small portion of the
southwest corner of the property which is conpletely away fromthe area to be improved and should have no impact whatsoever
on the improvements being proposed. A1so, I an prepared to dothe recomrnended rrinternal nitigationrr for the inprovements.
The proposed cut and fill areas of the driveway will be
designed to create the absolute minirnum of disturbed areas.
Wherever rock shelves exist, they will be preserved to remainin their natural state. Wherever earth is not cornpatibte forrevegetation we will create boulder type retaining walls ofexisting and irnported boulders (such as you see throughout
Beaver Creek) and wherever the soil is compatible we willrevegetate with native grasses and plantings. Trees and
shrubs will be extensively used throughout the driveway plan.To prove ny ability and desire to do a proper and
cornprehensive landscape job, I ask you to look at nyGolfcourse Townhorne project and ny present horne on the
Golfcourse.
Until the actual work is being done on the driveway, it is notpossible to estinate what portions will be rock shelf orboulder walls or revegetated. Also, to estimate what portionswill be above or below 6 ft. in height or what portions will
have more than 2:1 slope. These situations are the sarne asexist in the Spraddle Creek Subdivision which you approved,but are far fewer in length, size and nagnitude. I have
engaged competent driveway engineers (Kent Rose/RBD, fnc.),
competent landscape people (Marty Jones, Executive Director ofthe Betty Ford Alpine Gardens), competent landscape architects(Craig Schrieber, Landart, Inc. ) . I have been assured byseveral road/driveway contractors ttrat the driveway can bebuilt properly; (Wm. Ewing & Co., Wm. Yiek & Co. i B&B
Excavation Co. ) . The Council can be assured that the
Page Seven
improvements including the driveway will be built properly,
landscaped properly and cared for properly. I have budgetedin excess of one rnilllon dollars for the project so the where-with-all to do it property is there.
I have a report by a responsible Colorado licensed engineeringfirm substantiating that the Sandstone Creek culverts willsupport the necessary additional fill with normal and ruralroad traffic.
I have tried to properly address all of the issues that I feelappropriate at this tirne for the Councilrs consideration. Itll beavailable at the August 6th rneeting to try to anslrer any otherguestions that you nay have.
I ask the Council to understand that I intend to build a home onthis property and to build the driveway to get to this hone. I askthat you please allow me to have a rrpractical homer! by permitting
ne sone additional GRFA and in return I will create a restri.cted
employee housing unit of a size you decide is appropriate, if thlsis possible. I ask that you approve this SDD with thernodifications you see fit, taking into consideration that someportions of the driveway have retaining wall heights in excess of
6 ft. and in some instances the cut and fill slopes may exceed 22L,but not over 1r25.L. I ask that you please grant me the srnall
easement over the abandoned Lions Ridge Loop right-of-way.
I also ask that you take into consideration my 20 year reputationin VaiI of doing things right with results that have always been aconplinent to Vail.
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FILE COPYO
75 touth frcntag€ road
Ydl, color.do 81657
(303) 4792138
(3(B) 47S2139
ollice of communlty development
April 15, 1991
Mr. WiIIiam A. WoodDistrict Ranger
HoLy Cross Ranger District
P.O. Box 190Minturn, CO 81645
Re: Sbapiro Regidence and Drlveway
Envi.ronmental Asses$nent
Dear BilI:
Thank you for allowing the Town of Vail the opportunity to
comment on the Draft Environmental Assessment for Abe Shapiro'sproposed residence and driveway. Although no formal application
has been filed with the Town of Vail, we have been working withMr. Shapiro for approximately 14 months now. On December 3,
1990, I wrote to Mr. Shapiro, outlining the Town's concerns with
regard to his proposal . A copy of that letter is attached foryour information. It should be noted that the concerns addressedto Mr. Shapiro are still valid, and as of this date, no response
has been received.
Regarding your request for comments on the Draft Environmental
Assessment, we offer the foLlowing:
1. Page 3 of the Draft Environmental Assessment, under ltem Dr4- Visual Impacts, indicates that, "with certain mitigation
measures, the visual irnpact of Mr. Shapiro's drivevtay willnot diminish the aesthetic guality of the area." The Townof Vail has very serious reservations about this statement,
as we believe that even with "proper mitigation, " there will
be visual impacts associated with the construction of the
driveway and the residence. we also believe these impacts
could very well diminish the aesthetic quality of thegeneral area.
Mr. William A. WoodApriI 15, 1991
Page 2
2. The Draft Environmenta] Assessment, on page 14, Section J,
entitled "Visual Resourcesr' states the following:
"Retaining walls will be extensively used, but faced in
colors, common loca11y, to ninimize visual impact." It is
the Town's understanding, per the report by RBD Engineers
dated March 8, 1991, that timber crib retaining walls are
proposed to be used along both the cut and the fill side of
the Shapiro driveway, for approximately 11350 lineal feet.
Again, addressing the visual impacts of the Project, the
Town is concerned about development on this very visible
site. We also question the use and permanentness of colors
on a wood retaining wall.
3. The Draft Environmental Assessment, on page 12, Section Et
entitled 'Riparian Areas and wetlandsr " states that the
existing crossing over Red Sandstone Creek consists of two
large culverts and approximately 15 feet of fill material .
According to Mr. Shapiro, approxinately 20 feet of
additionat fill will be added over the existing culverts in
Red Sandstone Creek. The Town of Vail would fike the
opinion of a registered professional. engineer' in the State
of Colorado, regarding the placement of this fill over the
culverts.
4. The Draft Environmental Assessment' on page 12' Section F'
entitled 'Fish and Wildtife, " raises the concerns regarding
big game and other wildlife species, possibly being
displaced during the construction period. After
construction it is theorized that the big game would return
to the area and would use it as a sunmer feeding ground.
while it is true that the Town of Vail does have controls
for domestic dogs, it should be noted that Mr. Shapiro is
proposing to utilize his property for horse grazing. The
Town believes that the potential inpacts horses would have
upon big game and other wildlife species should be
identified and addressed.
The Toern of Vail will be addressing the issues listed above when
Mr. Shapiro files an application and begins through the planning
process. Depending upon Mr. Shapiro's proposed development plan,
Lhe Town will be reviewing this application at the Design Review
Board level, at a minimum. It will be in this review that the
Town will address the aesthetic concerns and the potential to
minimize any visual inpacts associated with the project.
Mr. Willtam A. WoodApril 15, 1991
Page 3
Again, thank you for the opportunity to comment on this Draft
EnvLronnental Assessment. If you should have any questions on
any of the above, please do not hesitate to contact ne at 4?9-
2138.
Sincerely,
M /I'4
llike llolllca
Senior Planner
/abcc: Greg HaIl
KrLstan Pritz
Abe Shapiro
Kent Rose
e f
PYc0
lultn
FILE
The residence shall be fully sprinkled.
The water supply to the residence shall need a nininumof 1250 gallons per ninute.
There shall be a fire truck turnaround located at the
building.
75 louth hontr€. rold
r.ll colotado 8161t7
(303) {r}2138
(3Gr) 4792139
Deceqber 3, 1990
oflice ol communlty development
Mr. Abe Shapiro
P.O. Box 1448vail, co 81558
RE: The Shapiro'Parcel - Agricultural and Open Space ZoneDistrict
Dear Abe:
This letter is intended to respond to sone questions generated by
your letter, dated Novenber 29, L990, which was sent to the Townstaff. Dicl< Duran, Town of Vail Fire Chief, Mike Brake, Town ofVail Enqineering Departrnent, and Mike Motlica, Town of Vail
Senior Planner, net on Decenber 3, 1990, and have agreed that the
Town of Vail may approve your road design should you be able to
roeet the following conditions, subject to Design Review Boardfinal approval and Forest Service approval: \
1. the entire driveway accessing your building envelopeshall be asphalt.
2. A fire hydrant shall be required, and said fire
hydrant shall be within 150 feet of the proposed
structure.
3.
4.
5.
t'I
6. Guardrails shall be reguired for the entire length ofthe driveway, and shall be placed on the downlritl side.In the area where the driveway crosses Red SandstoneCreek, guardrails sha1l be required on both sides ofthe driveway.
7. fhe maxinurn allowable percent grade for tbe drivewayshall be ten percent (10t).
8. In order to ensure the safety of construction workers
on the site, lt strall be required that guardrails beinstalled prior to the beginning of any construction
on the residence.
9. The Town will require that a deed restriction be placed
on the property. Said deed restriction will reguirethat, the twelve foot road width, and the eighteen footpullout width. be maintained year-round for fire
access.
10. The Design Review Board reviews and gives finalapproval for all proposed retaining wa1ls, grading,
landscaping, and guardrails.
11. That no variance for retaining wa1l height berequested, unless slight incredses in waIl heightresults in a better overall design, with Less irnpact tothe community.
L2. Aesthetics - The staff has some concerns and questionswith the proposed retaining wall systens. What willthe facing roaterial be for the walls? A detailed
landscape plan is needed, which specifically addresses
screening of the walls. We also have major concernswith the proposed quantities of fill rnaterial that areto be located over Red Sandstone Creek.
I believe the above conroents address the concerns you have raisedin your letter, Abe, however if you should have any furtherquestions or comments please do not hesitate to caLl ne at 479-
2138.
Sincerely,
fu4 hei-
Mike Mollica
cc: Dick Duran, Fire chief senior Plannner
Greg HaIl, Town Engineer
Mike Brake, Engineering Dept.Kristan Pritz, Director of Conrnunity Developnent
Kent Rose, RBD Engineering Consultants
Iv
I,IEMORANDI'M
TO: KRISTAN PRITZ, GREG HAIJIJ, MIKE MCGEE
FRO}T: UIKE UOIJLICA .
DATE: APRIL 4, 1991
R8: ENVIRONI{ENTAL ASSESSMENT REPORT
Attached is an Environmental Assessment Report for the easement
necessary for Abe Shapiro's project in West vail.
Please review and respond with your cornments and guestions to ne by
10:OO a.m., april 10, 1991.
Thank you.
/€\
€U/}] Ilnited states Foreet White River lloly Croes Ranger District\g Department of Service National P.0. Bor 190
Agriculture Forest Minturn, Colorado 8L645
Reply to: 2720-3
Date: April 1, 1991
Mike Mollica, Senior Planner
Town of Vail
75 South Erontage Road
Vai1, CO 81657
Dear Mike:
Abe Shapiro has contracted with llydtosphere Reeouree Consultants, Inc. of
Boulder, Colorado, to prepare an Environnental Assesstnent for the easenent
required acroas National EoreEt Systen Land to access his property in l{est
Vai1.
Enclosed,you will find a draft copy of the Environnental Assesenent. Please
revies the doeument ae it relates to the application Abe has filed with the
Tonn of Vail se€&ing approval for bis project. If there are any iEEuee or
concerna that tbe Town of Vail has regarding this project that have not
adequately been addreeeed, please let rne know by April 15, 1991.
District Fanger
TJG
Certng for th. Llnd rnd S.rvlng P.oPl€
FS.0200.28(7.6?)
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onen
ETTVXRON}IE}ITAI. A8 8888}iENTthtplro Regidance and Drivewayvail, colorado
l,tarah 18, 1991
I'NITED STATES DEPARTI,IENII OF IGRICULTURE
FOREST 8ERVICE, ROCXY UOUNTATN nEGION
TIIITTE RIVEN NATIONAI, FOREET
XOL'Y CRO88 NAIIGER DISTRTCT
Prepared by
Hydrosphere Resource Consultants, Inc.
1002 Walnut Street, Suite 20OBoulder, Colorado 80302(303) 443-7839
Prepared under the direction of ,Vfillian A. t{ood and @$4g!E!r-- /r^J6- j't,r^,*L
HoIy Cross Ranger Districtllhite River National ForestMinturn, Colorado
TABLE OF COIITENTs
PagoI. PREFACE
II. PURPOSE Al{D NEED
A. The Proposed ActionB. Background and Previous DecisionsC. public Notification and ScopingD. Public Issues and Concerns
1. VaiI Construction Code Requirements2. Legal Public Access To National Forest Lands3. Access To Private Lands4. Visual Impacts
E. Alternatives Considered
1. Alternative A -- No Action2. Alternative B -- The Proposed Action
III. AfFEgtED EWTRONI.IENT
A. GeologyB. Soil ResourcesC. Water ResourcesD. VegetationE. Riparian Areas and lletlandsF. Fish and WildlifeG. Threatened or Endangered SpeciesH. Socio-econonic EnvironrnentI. Air QualityJ. Visual ResourcesK. Cultural ResourcesL. Surrounding Federaf Lands and Forest Service
Land Use PlansI'1. Recreation and Access to Public Lands
rV. ENVIRONUENTAL CONSEQUENCES
A. GeologyB. Soil ResourcesC. !{ater ResourcesD. VegetationE. Riparian Areas and Wetl.andsF. Fish and lfildlifeG. Threatened or Endangered SpeciesH. Socioecononic Impacts
Table of Contcntc cont.
Page
r. Air eualityJ. ViEual ResourcesK. Cultural ResourcesL. Surrounding Federal Lands and Forest serviceLand Use plans
M. Recreation and Access to public LandsN. Irreversible Comrnitnent of ResourcesO. frretrievable Commitnent of Resources
V. CONSULTATION AND COORDINATION
VI. LIST OF PREPARERS
VII. LIST OF REFERENCES
VIII. LIST OF APPENDTCES
Appendix A: Application for Special Use permit forconstruction of the Shapiro Driveway
Appendix B: Location Map
Appendix c: Letter fron the colorado state HistoricPreservation Officer
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I. PREFACE
This Environmental Assessrnent (EA) has been prepared todisclose the environmental consequences of granting h right-of-wayacross lands of the White River National Forest for access toprivate land. The applicant, Abe L. Shapiro, a long tine residentof VaiI, proposes to construct a driveway approximately 1,650 feetlong, of which approximately 700 feet would cross National Forest
System land. fn addition, this EA general-Iy addresses the inpacts
associated with the proposed development of a private residence onthe Shapiro property.
An environnental assessment is not a decision document. Itreveals the consequences of the proposed action, and theenvironnental consequences of taking no action, i.e., continuingpresent management activities on the lands in guestion. Anenvironrnental assessrnent j-s an important document for Federal,State, and Local governments to use in arriving at their individualdecisions regarding the proposed action and alternatives to it. Itis also used to deternine whether a proposed action is of suchsignificance as to require the preparation of an environmentaL
inrpact staternent.
The environrnental consequences on Iands, activities, andresources adninistered by other Federal, State, and Localjurisdictions resulting fron the proposed action have also been
discLosed in this environlnental assessnent. Through cooperation,other Federal, State, and Local jurisdictions have assisted in thediscl,osure of environnental consequences and developnent ofalternatives to the proposed action. The Forest Service decisionwill relate only to lands adrninistered by the Forest Service andwiIl be documented in a decision notice. Decisions by otherjurisdictions to issue or not issue approvals reLated to thisproposal can be made by thern based on the disclosure of inpactsavailable ln this docunent.
rI. PT'RPO8E IIID NEED
A. The,Propos€d Action
November 28 L99), an application for a Special Use pernits fil-ap-iio to acquire access across National Forestland west of Red Sandstone Creek. (See Appendix A. ) Mr. Shapirointends to construct a residence on his property, which is zonedfor such use. This Environmental Assessnent wiII address theilnpacts and concerns related to developrnent of the proposed
driveway and residence.
The driveway would consist of approximately ?OO feet ofroadway on National Forest Land. The alignment of an abandoned
roadway which was originally developed by the Town of Vail andlater reclained would be followed to the extent possible. Thiswould include use of an existing crossing of Red Sandstone Creek.The width of the driveway would be the nininun width allowed bytown code of 12 feet uith 1 foot of shoulder on the downhill sideand 2 feet for curb and gutter on the uphill side. The drivewayhas been designed to neet construction standards of the Town ofVail. The map at Appendix B shows the location of the access roadand the private property.
B. Background andl Previous Decisions
hap-i-r Iied for a Forest Service Special Use Permit onNo other feasible access to his propertyovenber 28, L990cornpelling reasons of policy or environnentalimpact, the Forest Service policy is to grant access to private
Iandowners where no other feasible access is available. The areais zoned Agriculture and Open Space by the Town of Vail; thiscategory allows the construction of a residential dwelling unitwith a rnaxinum GRFA of 2,OOO square feet and accessory inprovLmentspresently perrnitted under the existing code. This port,ion of theWhite River National Forest is nanaged prirnarily for wildlife andintensive recreational use. However, Mr. Shapiro intends to applyfor Special Developrnent District zoning which would allow up to31000 sguare feet GRFA with an enployee housing facility.
c. Public.Notlfication and acoplng
Notice of the application to acquire accessland for the driveway was sent to the VaiI Dailv
and- was published in the VaiI Trail on Januaryaddition to the published notice, Ietters were sel
l?90, to.the Town of VaiI, Eagle County ConrnG
th r e e a?j a--c e nt I a nd ownEiEl
across Federal
and Vail Trail,
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The scope of issues to be addressed in this EnvironnentalAssessment has been based upon a review of publicity andcorrespondence concerning the proposed Shapiro property driveway
and residence. The public issues and concerns to be addressed inthis Environmental Assessrnent are described below.
D. Public Issues and Concerns
. No public issues or concerns were identified in the publicinvolvenent phase of this study. The following issues were iaisedby agencies involved.
1. Vail Construction Code Reguirements
The driveway and the private residence must be approvedby the Town of Vail and must neet Construction CodeRequirenents. The driveway is engineered to a grade of lOt,which requires review and approval by the fown Engineeq. t
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Legal public access to National Forest lands nust benalntained in a tnanner acceptable to the Forest Service.
3. Accsss To private Lands
Federal laws governing access to private }ands requirethat the Secretary of Agriculture provide access to privately
owned Land within National Forest boundaries that is adequateto secure reasonable use and enjoyrnent of such private lands.However, the owner of such private Lands rnust also cornply withrules and regulations applicable to ingress and egress to orfrom the National Forest Systen. (p.L. 96-487; AlaskaNational Interest Lands Conservation Act of 19gO)
4. Visual lDpacts
Visual inpacts of the project are primarily associatedwith the proposed driveway ai seen frorn the vail ski Area, the
Town of Vail, and I-70 coul.d be significant unless certainactions are taken to mininize and mitigate visual inpacts.Measures to mitigate visual irnpacts would incLude designfeatures such as an alignment to ninirnize cut and fill, use ofmaterial.s for retaining walls that blend with local soil androck colors, and restoration of naturaL contours followingconstruction. In addition, Iandscaping and revegetation withindigenous plants, gtrasses, and tieei wiII be necessary to
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ninimize visual impacts. tfith the implenentation of thesenitigation neasures, the visual impact of the driveway willnot dlninish the aesthetic quality of the area and will Uevisually consistent with the existing pastoral/urban settingof the Gore Creek Valley.
E. Llternativeg considered
1. Alternative A -- No Action
Under the No Action Alternative, the Forest Service woulddeny Mr. Shapirors application for a Special Use permit forthe driveway. Existing nanagenent policies and use trends inthe area would continue. Mr. Shapiro would not be able toaccess.his property, except by foot, horseback, and possiblytrailbike, and would not construct his residence.
2. Alternative E -- Ths Proposeal Action
The Forest Service would approve issuance of the Special
Use Pernit for access across the public lands to Mr. Shapirorsproperty. The proposed project aLso reguires approval by theTown of Vail for developrnent of both the residence and thedriveway. The developrnent on private land, based on Mr. ^Shapiro's intended rezoning application, would consist of ( .approxinately 950 feet of aiiver.r-ay, an adobe style honre with ^i-,.,j}gapproximately 3,000 square feet of living space, a detachea-DOr1'-greenhouse of 2oo sguire feet, a detached Uarn @fladhilEl-E6"accomnodate up to three horses of approximately z)SO--quarefeet, and a ernployee housing unit of 1,200 square feet andother permitted accessory improvenents. Mr. Shapiro plans tobegin construction during the spring of L992.
As proposed, the driveway would be asphalt with a gradenot to exceed lot, and would be designed to neet tournstandards for surface naterial, width, gradient, curbs,gutters, and shoulders. Approximately ?00 feet of thedriveway would cross White River National Forest 1and. Theproposed driveway would be constructed on a angJ.e acrossslopes ranging fron approxirnately 15 to 50 percent. Thistopography would reguire cuts of up to approxirnately I feet(averaging about 6 feet,) and fil.ls averaging approxinately Gfeet in depth. It is anticipated that most of theconstruct,ion will take place within rnorainal naterial,requiring little or no blasting. Any cuts and fil.Ls higherthan 6 feet will reguire retaining walLs to reduce the risk ofconstruction induced slope failures. Retaining walls would beup to 6 feet ln height and will be stepped back for the largercuts and filLs.
/ar'a /ton ( yl rt r, 1t/7t O"., nro/.r)
The retaining wall systens would utilize a 6rr X 6rr tirnberdesign, sirnilar to that which exists at the rear and sides ofthe new Vail Post Office. This system is designed to provide
a harmonious blend of colors and textures and a notif for thenountain side and the contenplated architecture of the
irnprovements. In addition, this design allows for planting ofvegetation between retaining wall steps and tirnbers to bl.endinto the natural setting.
The applicant has retained RBD, fnc. ConsultingEngineers, to design a surface drainage system to divertsurface water away from cut and fiII slopes to prevent thecreation of unstable areas during wet periods. All cut andfill slopes will be revegetated as soon as possibte afterconstruction to ninimize erosion.
rII. AFFECTED EIIVIRONUENT
A. ceology
The Vail Valley is situated in a structural trough whichstretches fron Vail Pass to UcCoy in north central Eagle County.Elevations range from 8,200 feet at the town of VaiI to nore than
111000 feet at the top of the ski area. The project area is at anelevation of approxinately 84OO feet.
The bedrock underlying all of the core Creek Valley is theMinturn Fornation of the Pennsylvanian age. The forrnition isprinarily reddish sedirnentary rock consisting of interfingeringIenticular beds of sandstone, siltstone, shale and congl-onerate,within which laterally persistent lirnestone and dolomite markerbeds occur. There are no unusual topographic features or geologicfonnations located on the lands which would be inpacted by theproposed driveway. The topography is composed prirnarily of steepto noderate south facing slopes with gradients of 20 - 40 percentor nore.
During the quaternary, several large valley glaciers in theGore Creek VaIIey gouged out the lower val}ey floor, forrning steepcliffs. Oversteepening of the lower valley wall- and deepening ofthe valley itself removed upslope support for large sections ofbedrock which dipped touards the valley axis. Eventually, Iargebedrock dip-slope landsl.ides began to occur as glacial ice, whichtemporarily buttressed the dipping bedrock nasses, nelted array. Asthis process continues, unstable slopes will continue to be aproblem within the VaiI valley. Inspection of the area bygeotechnical engineers (Lampiris 1990 and yarnada 1990) reveal.edpotentially unstable slope conditions in the vicinity oi existingcutslopes located below the proposed alignment.
Debris flows and debris avalanches have been fairly cornnon inthe Gore Creek valley and particularly in the area of the Town ofvair because of the naturar conseguences of the georogic conditionsdescribed above, abundant precipitation, and steep metastableslopes. A higb-hazard debris flow area has been identified alongRed Sandstone Creek at the beginning of the driveway, at th;existlng culvert crossing. tn addition, a portion of thL'drivewayand developnent site Lies within a ilhigh severity rockfallr hazardzone. However, the rockfall hazard for the developnent envelopeand nost of the driveway are considered to be nininal because the.site is located on a ridge line and rocks frorn above will tend tofall toward two gullies on either side of the site. (Lanpiris
1990)
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B. Soll Resourcelr
SoiI conditions in the vicinity of the Shapiro DrLvewayconsist, of silty, sandy clay loans, with cobbles and bouldersvarying in size fron 1 foot to greater than 6 feet. These soilsare generally derived fron rnixed glacial till and coll.uvium and arevery dense with depth to bedrock ranging fron a few inches toapproximately 50 feet. Laboratory testing of soil sanples in thevicintty of the Shapiro property indicates relatively aty sollsconslsting of 16 to 46 percent silt and clay size particles with aplasticity index ranging from non-plastic to 6.
C. llater Resourceg
The proposed driveway road is }ocated within the drainage ofRed Sandstone Creek, a tributary to Gore Creek, a part of theColorado River systen. core Creek drains approximate).y 1OO squaremiles and is the prirnary source of nater supply for the. VaiI SkiArea and the Tohrn of VaiI. The nean annual stream flow in GoreCreek at its nouth is 129 cubic feet per second (cfs), a totaldischarge of 91,925 acre feet per year. Peak flows during springrunoff reach 1,500 cfs during the month of June; the lowestrecorded flows have been between 10 and 12 cfs during the month ofFebruary. The water supply for the Torr,rn of Vail is divertedprinarily from Gore Creek via an alluvia] well field located nearthe confluence of Booth Creek and used for domestic purposes, Iawnirrigation and golf course irrigation.
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The vegetation of the area is classified as part of theAspen/Rabbit Brush ecotone. Dorninant vegetative cover is aspen,rabbit brush, snowberry, wild rose, creeping nahonia, serviceberryand sone big sage. The roadway abandoned by the Tolrn of Vail waioriginally revegetated with a seed nix consisting prirnarily ofcrested wheat and western ryegrass, which renains the doninatevegetatlon in the pbeviously disturbed areas.
E. Riparian Areas and Wetlands
There is Less than one-half of an acre of wetland andfloodplain located aJ.ong Red Sandstone Creek in the projectvicinity. The stream channel is deeply incised and supports anarrow band of riparian habitat, doninated by willows, irnrnediatelyadJacent to the streambed. The proposed driveway would cross thecreek via an existing set of two culverts.
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F. Sish anal lfillllife
The area that the Shapiro Driveway would traverse is habitatfor moderate populations of srnall rnarnrnals and birds, including asnall population of grouse. The area is occasionally used by deerand elk for sunner feeding and cover and is al.so located on thesouthern fringe of a migration corridor for deer and elk between
summer range to the east and winter range to the west. However,the area is of little value for winter range because snow depth isusually too great for winter use.
G. Threatened or Endlangered Epecies
No federally listed threatened or endangered species are knownto inhabit the area of the proposed project. The EndangeredSpecies Office of the U.S. Fish and t{ildlife Service has identifiedthe fol-Iowing listed or candidate species as potentially present orwithin the area of influence of the Vail Ski Area: peregrinefalcon; bald eagle; Colorado squawfish; hurnpback chub,. bonytailchub; razorback suckerl Canada lynx; Swainsonrs hawkl and southern(Mexican) spotted owJ-. (Forest Service 1986). Hosrever, none ofthese species have been found within the area that would belrnpacted by the proposed driveway.
H. Socio-econonis Environrnent
The dorninate factors socio-econonic factors in the Gore CreekVaIJ.ey are winter and summer recreation and associated cornrnercialand residential development. The original pernit for thedevelopment of the VaiI Ski Area was issued by the Forest Servicein 1962, and the Town of Vail developed around the base of the skiarea. Since that tinre, the ski area and the Town of VaiI haveexperienced renarkabre growth, in both skier visits and conrnunitydevelopnent, resulting in the largest, single ski area cornplex inthe United States. Usage of the area by both Colorado residentsand tourists frorn out of state reached I,O46,?L5 annual skiervisits in 19?6 and grew to 1,264,710 skier visits in the 1929-BOski season. Since 1980, area usage has continued to grow but at arate slower than was experienced in the 19ZOrs. During the 1989-90season, the Vail Ski Area recorded 1,523r503 skier visits.(Colorado Ski Country, USA 1990) Approximately 68t of skiers atVaiL were overnight (destination) guests and 32t were day skiers.(Vail Associates, Inc. 1990)
Future usage of the VaiL ski Area is expected to grolr, interms of annuaL skier visits and peak day denrands, at an averagerate of 2 to 3 percent per year for the next 20 years. Hotrever,during the 1988-89. ski season, annual skier visits increased nearly12t over the previous year, and an increase of 4.25t $ras rea]izedfor the 1989-90 season. While VaiI Associates proJectionsantlclpated growth to 1,3Bg,680 annual skier vlsits ln'rgiz, with
a peak day denand of 18r0?O skiers, those projections have alreadybeen exceeded. For the year 2005, Vail is projecting f,7Z7 rg12annual skier visits, with a peak day dernand of 22,917 skiers.
In conjunction with the economic activity described abovethere has been a high demand for developnent of additional housingunits for both secondary and prinary residence. This high denandhas resulted in very substantiaL increases in the price of houslngwithin the Town of VaiI and surrounding areas. Due to th;continuing escalation of housing costs, nany of the people that are
employed by businesses in Vail can no longer afford to live there.
The Town of Vail has recognized the problens associated with thistrend and is evaluating options for providing employee housingwithin the core Creek Valley.
I. alr guality
The core Creek VaIIey at Vail for most of the year is swept byseasonaL prevailing r.rinds and daily adiabatic,/catabatic exchange,resulting in clear, cl.ean air. During the coldest part of thertinter, inversions and consequent air nass stagnation occur,trapping gasses and particulates whose nain sources areautomobiles, fireplaces, and street. maintenance operations. TheTortn of VaiI in cooperation with the Environnental protection
Agency an9 the Colorado Departnent of Health, has a rnonitoringprogram in place rneasuring particulates (pM-10) and carbonmonoxide. If air quality violations occur to the extent thatcorrective steps need to be taken, the Town of Vail is responsiblefor instituting and enforcing the necessary action. The town haspassed resolutions to linit the nunber of fireplaces allowed fornen development as a precaution.
.t. Visual Resourcss
Located prinarily on south facing slopes above and to thenorthwest of the center of Vail, the project area is visible fronthe Vista Bahn gondola and rnany of the slopes on the north side ofVaiI Mountain. In addltion, the area is visible from somelocations within the central parts of the Town of Vail. The parcelprovides excellent viens of the Town of Vail and VaiI Mountain.
The appearance of the project area is typical of south facingslopes in the core Creek Vatley. There are no unusual. rockformations or topographic features. The visual appearance of thearea changes dranatically with the seasons. Aspen trees provide alush green vegetative cover during the spring and sunner months andspectacular changing colors in the fall. In the winter the baretrees and snow cover contribute to a barren winter landscape. Ingeneral, these views are all aesthetically pleasing and contributeto the scenic rural setting of the tosrn and the ski area.
X. Cultural Resources
A cultural resources survey of the area to be traversed by theShapiro driveway was conducted in August 1990. The survey uas
conducted by pedestrian transects along the proposed alignnent. Nocultural resources were encountered. (Metcalf 1990)
L. Surrounding l'ederal Lands andl Forest Bervice lrand U3€
Plang
The driveway area is bordered on the east by Red SandstoneCreek and private land in the Potato Patch subdivision. Thesouthern boundary is Sandstone Drive. To the west is Mr. Shapiro'sproperty, while the north area is VJhite River National Forest onthe slopes of Red and lfhite Mountain.
The National Forest Systen lands adjacent to the Shapiropr-operty have been designated with management areat *&a#, 24andTFin the Land and Regpprce Management PIan for the White RiverNational Forest. crorlilthg 24applies to the area imnediately westand northwest of the parcel and calls for nanagement emphasis formotorized recreation including semi-primitive motorized to ruraland roaded natural. Possible recreational activities nay includedriving for pleasure, viewing scenery, picnicking, fishing,snowmobiling, crospaountry skiing, four-wheeI driving, ananotorcycling. ,FFlillbg ?€applies to areas to the east andnortheast and provides for nanagement enphasis on production andutilization of wood fiber either as sawtinber or roundwoodproducts.
It. Recreation and Access to public Lands
Access to the affected public lands is currently provided byRed Sandstone Road to the east of the Shapiro and to the west by ajeep road that follows the Buffehr Creek drainage (Forest
Developnent Road 734r. There are no Forest trails or access routesthrough the Shapiro property that are inportant for access toadjacent public lands. There is virtually no public use of theShapiro property for access to adjacent public lands because of theabsence of trails and because the property is situated on a ridgebetween Red Sandstone Creek and the next drainage to the west(which is unnaned). Thus, rnuch easier access to areas beyond theShapiro property is provided by the roads along Red Sandstone andBuffehr Creeks.
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fV. EIVfRONI'IENTAIT CONEEQUENCE9
There are no inpacts associated with Alternative A, the NoAction Alternative. Continuation of present nanagement for theaffected area neans that the parcel will be naintained in itscurrent conditions, wiII continue to serve as ninimally-irnportantwildlife habitat, and will continue to receive alnost no publlcuse. Accordingly, the following discussion of envlronnental
funpacts assoclated with the project focuses on Alternative B, theproposed action.
A. csology
There will be virtually no irnpact by either of the 2alternatives upon the geology of the area. No construction isplanned under the No ACtion al.ternative, and road construction
under the proposed alternative wiII be confined to the overburdenand not reach bedrock. There will be no irnpact on uniquegeological features because there are none in the project area.
No irnpact on development of nineral resources is anticipatedfron any alternative; potential. for economically-recoverabledeposits is considered rninimal.
E. SoiI Resources
Approxinately ZrO00 cubic yards of soil wiII be disturbed inconstructing the driveway. Much of this area has previously beendisturbed by previous road construction and by a powerline thattraverses the southern edge of the Shapiro property. Constructionof the house, greenhouse, barn and enployee housing unit woulddisturb and additional 300 cubic yards of soil..
A ternporary unquantifiable increase in erosion would takeplace during construction despite use of r,rater bars and sedimentchecks; this would abate after revegetation.
C. Water Regources
Test borings in sirniLarly situated nearby areas indicatedoccasional pockets of groundwater at depths of 24 - 40 feet,substantially deeper than the proposed cuts and fills will reach.If, however, such pockets are encountered, they will .drain to RedSandstone Creek or Gore Creek, slightly accelerating naturalrecharge to those streams. After construction, drainage throughretaining walls to the gutters is expected to dewater any suchpockets found tnore or less continually; this irnpact is expected tobe small.
11
On completion, the proposed alternative wilJ- unguantifiablyaccelerate surface runoff fron snowrnelt and rainfall by pavingapproxinately L/2 acre of the project area. This lnpact isexpected to be nininal.
After construction, runoff fromapplicant ii expected to produce ninor,inpacts on nater guality.
D. Vegetation
Road construction is expected to result in the tenporary lossof vegetation from up to l acre for the proposed alternative.
After construction of the driveway and residential facilities,revegetation with native species will be undertaken. Holrever, anet loss for the life of the project of approxinately 1/2 to 314acre of rabbit brush, snowberry, woods rose, creeping nahonia,serviceberry, crested wheat, western ryegrass, big sage, and aspenwould result fron the proposed action.
^,rrrr",'f,J frn."" are no known threatened or endangered plants in thef!)lV'- areal so no inpacts are expected.It(' )
. E. Rlparian Areas and Wetlands
Less than one-half acre of riparian habitat and wetlands arefound in the vicinity of the proposed project along Red Sandstone
n Creek. The proposed access driveway will utilize the existing
./',crossing of Red Sandstone Creek which was created by the Town of
,p vail.l-n conjunction with the abandoned road. the exisiing crossing. trU' consists of two large culverts and approxinrately 15 feet of filL,fl naterial, providing a crossing of about 35 to 40 feet in width.
An[' ThIs crossing is more than adequate to accommodate the driveway as
l'l' ' proposed by Mr. Shapiro.
F. Fish and wildlife
Big.game and other wildlife species will be displaced fron thearea during construction. After construction, the return of biggane to the area.for nigration and use as a summer feeding groundis largely contingent on control of domestic dogs; s€ringentmeasures for such control .are required by the Town of Vail.
There will be a net Loss of forage for big garne and habitatfor non-game species fron road construction; lossis wltl be aboutLl2 to 314 acre for the proposed alt,ernative.
sanding operations by the
unguantif iable detrinenta I
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There are no inpacts expected on big gane nigration patterns
because the area is of tangentiat inportance as a nigration routeand gane will be able to pass around the area if necessary.
Travel on the driveway ls unlikely to result in a guantifiableincrease in road kill for wildlife species in the area.
G. Thraatenedl or Enrlangered Species
No federally listed threatened or endangered fish and wildlifespecies are known in the area of the proposed project, so nolmpacts are expected.
H. Socioeconoml.c Inpacts
Assuning a total cost for the residence and access road ofS1.5 nillion of which 75 percent is spent locally, a one-tineinfusion of about $1.125 rnillion to the local econony would resultfron the proposed action, distributed over about 10 to 12 man-yearsof labor that would be required to complete the driveway and buildthe resldence.
After construction, it is estinated that annual localexpenditures by the ovrners and caretakers would aggregate toapproximately $60,000, or (with a turnover factor of 4 to Z) anannual benefit to the local economy of approxinateLy g24O,OOO.
Assuming construction takes pJ.ace, projected revenues to the
Town of Vail would be (t) sales taxes of about 91,000/year, and(21 property taxes of approxirnately 5,300/year. No roadrnaintenance costs are projected; poliCe, fire'ind other servicecosts for the residence are expected to be ninirnal.
I. Alr Quality
During construction, the proposed alternative would result inincreases in fugitive dust frorn grading and construction traffic,despite suppression. These effects would be temporary. Otheitenporary and ninor increases involatlle gases fron curing asphaltwould also be registered during construction.
- Under the proposed alternative, post-construction degradationof air quality woul,d result fron possible use of fire places, fromroad sanding resuspension of particulates, and frorn an increase intravel by the residents of the hone.unguantif iably srnaII.
13
These inpacts are
X. Cultural Resources
No inpact on cultural resources is expected, because acurtural resource s_urvey did not, locate any sites in the area.(see Appendix C.) {Previous archaeological investigations of theVail Ski Area acro'ss the valley fron the developrnent area haveidentified several prehistoric sites and isoLated finds, nost of/0 1 whicn are ineligibrl for the Nationar Register. But the type of
-rlt nlV sites located suggest the aboriginal use of the area was as hunting
nttl' il" grounds; most art,ifacts are_chippings, with some sites indicating
\l',r, " short-tern use as canpsites. I Accordingry, the probabirity that the
fi(f construction activities that'take place on Federal land during this{r project wil} encounter cultural. resource sites not found during thecurturar resource survey is nininal. However, if curtural' artifacts are encountered on Federal land, construction will behalted and consultation with the State Archaeologist, will beinitiated.
L. Surrounding Federal Lands and Forest Eervice Land UsePlans
The proposed alternative is consonant with Forest Service landuse plans and with previous decisions.
tt.Recreation and Access to Public Lan<ls
driveway and residential facilities will
usage of surrounding Federal Lands. Theprojected to cause conflicts orexisting and potential resource users.
it. Visual Resources
. The project will increase the viewerrs perception of hunaninfluence on an area which at present conveys a natural inpression;At conpletion, the project will appear an extension of low-densityresidential developnrent adjacent to other developed areas, thuiserving as a visual transition between the dense deveropnent of thevalley floor, and the natural vistas of the upper mountainsides.Retaining walls wi}l be extensively used, but faced in cqlofs...
comnon locally to ninimize visual irnpact. ffin )will be retained to screen the disturbances (fuil
Visual inpacts will. be nininal fron the center of the Town of ,rrfih:Z
Va1l, .lrhere the view of the project area is often obstructed bybuildings; and from the I-?0 corridor, where the traffic velocitytends to shorten and obscure views of the project area. The areawllL be nost visible fron Vail Mountain, by skiers or those usLngthe Vista Bahn lift.
Construction of thenot affect access to andalternative is notinconpatibilities betr.reen
14
,}
N. frreversibla Connitnent of Resources
Neither alternative would irreversibly cornrnit any resources.Existing }and contours and vegetative types could be fully restoredover time if desired, though the cost wouLd be so high that it isunlikely that such restoratlon could occur in the reasonabLeforeseeable future. Restoration of land contours and vegetativetypes would allow restoration of the existing faunal relationshipsand balance.
O. Irretrievable Connitnent of Resourees
The vegetative and wildlife production from the Il2 to 314acre area that would have occurred during the life of the projectwill be lost; this irretrievable commitnent of resources isunguantifiable but rninimaL.
15
V. CONBULTATfON AND COOnDINATfON
- In preparing this environnental assessment, we consulted thefoll-owing people:
Tln cranthan, Itoly Cross Ranger District, tfhite River NationalForest, Minturn, Colorado
Kristan Pritz, Director of Comnunity DeveJ.opment, Town ofVaiL, Colorado
Kent R. Rose, P.E., RBD, Inc., Consulting Engineers, Vail,
Colorado
Abe L. Shapiro, Applicant
l{illian A. lfood, District Ranger, Us Departnent ofAgriculture, Forest Service, HoIy Cross Ranger District,I{hite River National Porest, Minturn, Colorado
16
' VI . IrfET OF PREPARER8
fhis Environmental Assessnent hras prepared by the followingindividuaLs under the direction of l{illiarn A. t{ood and Tirn Granthanof the Cross Ranger District, l{hite River National Forest:
Robert M. l{eaver, Environmental Consultant, ResourceAssociates, Inc., 1?OO Llncoln Street, Suite 3711.,Denver, CO 80302
EarI Perry, Environnental Consultant, Resource
, Associatesrfnc., 1700 Lincoln Street, Suite 37LL, Denver,co 80302
t7
VII . I,T8T OP REFERENCES
Nichotas Lampiris, Ph.D., Letter of August 15, 1990 Re: RockFaLI and Debris Flow Investigation-Z acres, Vail.Carbondale, CO.
Nicholas Larnpiris, Ph.D., Schrnueser & Associates,. RockfaIIStudy - Town of Vail, VaiI, Colorado, Novenber 1994.
Arthur I. Mears, P.8., fnc., Debris Flow and Debris avalanchehazard Analvsis, Prepared for the Town of Vail, Gunnison,Colorado, November 1984.
Michael D. Metcalf, Metcalf Archaeological. Consultants, Inc.,A gultural Resource Inventory of the A. L. Shapiro WestVaiI Property, Eagle County, Col.orado. Eagle, Colorado,August 1990.
Resource Associates, Inc., EnvironnentaL Assessment Access
Colorado. Denver, Colorado, August 1990.
Kent. Rose, P.8., RBD Inc., Engineering Consultants, Letterand drawings of August 6, 1990 to Greg HalJ.. Vail, CO.
U.S. Forest Service, HoIy Cross Ranger District, Environmental
Assessment. VaiI Land Exchange, Minturn, Colorado, l9gg.
U.S. Departrnent of the Interior, Geological Survey, LocatableMineral Report, Denver, Colorado, January fgge.
l{illian A..llood, US Forest Service, Hoty Cross RangerDistrict, Conments on the Shapiro property Driveway,Minturn, Colorado, July 20, 1990.
AIan Yamada, East Zone Engineer, Us Forest Service. Menos ofJanuary 17, 1990 and JuIy 18, 1990 Re: Shapiro Easenent.Minturn, CO.
18
o
VIIT. LTST OF IPPEIIDICES
Appendlx A: Appllcatlon for Special use Permlt forconstructlon of the Shapiro Drivenay
Appendlx B: Iocation tlap
Appendlx C: Letter fron the Colorado State HlstoricPreservation Officer
19
Appendix A: Application for Special Use pernit forconstruction of the Shapiro Driveway
.'rt lf*OMlo0l0|4r2
vqSD -Fortrt S.rylc.
SPECIAL.USE APPUCATION AND REFORT
. . (R.t: FSM 2712, 36 CFR 251.54)
roneCl usE ol{LY
D.l. R.cclv.d
lmcl.t.r/-yrl
Rcglon Numbcr Ststr Codr County Coda
;' .'l:.i;...- -' lilsTRucTtoNs
Appucrnt .hould rqu..l . tr..tln3 wlth th. Foi.3t
Sarylca taprxntatlva rarpon.lbl. tor groc.rtlng th.
.ppllc.tlon, gdor to comphtln3 thb tom. Thlr m..tln8
wlll lllout a dlacudon ot tha toam'3 r.qulrtmant3 lnd
ldrntlfy thor ltcm. to b. o.nlttd.
CongiC.rlon!l
Dlrt. Numbct
For€rt Cod.
(Admln. Unlt No.)
Unlt lD gymbol
(nfFlo ]{cJ
Rrngor Dlst. No.
(R.rE Dlrl)
U3ar Numbar Klnd ol U.. Codc
PART l-APPtlCATl0N (Applicant Complctcs)()
l. Appllc.nt Nrm. rnd Addr.33
(lncludr Zlp Codc)
tg(eltln L,Sf{tflU
neJ.$qugc.Rsr oq'a€
0.0-AoXtw<)
v&lL,;eoLo. ,il 1$
2. Autho.kld AScnt Namc, Tltlc .nd Add7.33 (ln'
cludc Zip Codo) l, dlltctrnt itom lt m l.3. Arca Code .nd T.lrphon.
Numbcr
.. Appllcrnfr
3ol'l'lklst)?'ls?t
b, AuthorL.d Af.ntt
tL Ar lppllclnt rn youl (M!rk on. box wlth "X")
r. fiflndlvldurl
b. [ @rpontlonr
s E Pr.tn.rhlp/A.roclltlon.
d. El St.t. Gov.rnm.nt/Stlt. A8.ncy .c E locrl Gov.mm.nt
f. I Fdonl fiorcy. It m.d.d ry. cott|dn PAiT ll.
5, Sp.clly whrt lpplc.tlon lt ton (Mrtk on. box wlth 'X")
r. gf Hcw ruthorkatlon.
b. 0 R!n!w .xlttlng ruthorhltlon
c. E Amcnd orlrtln3 aultorlzrtlon'
d. E othrr.
. It m.rt d 'l(I. Drwlda d.tall. und.r ltrn Z
fu,.l:f, art an Indlvldurl or plrtnor.hlp. .rc you rlro a cltizcn(r) ot th. Unitsd StatGsl
7. Dcrctlb. In d6tlll thc land u3., IncludinS: (a) typ. ot u3., activlty. or tlclllty; (b) rclated structurct and frcllltl.r; (c) physlcll spccl-
ticationr (lcn8th, wldth, rcrcr, ctc,); (d) icrm of yea'3 necd€d; (s) iimo of ycar of usi or opcratlon; (t) du.ation .nd tlmlnS ol con-
ffiT
*t^hg r*ryu#;
& Attrch mlp covcrlng !rr. rnd rhow locltlon ot propor.d usc md/or turntth toslt dcscrtptton of tho tand.lz'dElrlL
'ow'ffiirffiw"Hlw
ffi.
tn rb{a adltlao b c!..l.ta (ovci)FlrtGo
Dcrcrrbcoth.r..ronffi
No
l0!. Givo *pl.n.tbn;f/'+*d-;/niWWi'J
lnd (c :ll['il'"i,lil *!il-*;! ^"lryrorl .1con-ffi1public hnrtit3. (tt
uw
Pto'.oc ttatrmmt ot ncccffi
t-5.i:nh^t[g.d#.filTL',tr$,Sllt.JiiTiSff n::;:li?y."tffiffi*tnq
12. Dcrrlbe prob.bt.
tqt+tzQe,?f +ctni;;;i:y#';;I;:frbfffi'::'Wy:O--ewrcY(oo^,*,Yffi;W:M
" ffi'r,1*{i,'i*ffiH.oorn3u.d .p!cl.r. (lf .,...frrffi,;ru - s'ar^"
e) tvrrzflnfV4^',i.€tf
/J nw,'*
;f *if' v^pi& r,rt"^fr/h* ;,2# &,*'tin"uil'rlg&,q*q
?ffi'
" F3.:'l,i'iifif'fHtoznatl il.t Ft acent 0rr&,*;;; e *y f d* "]n*
i#Hil{,nHiffi#}l 16r. Appttclnt,. Stgnrturc (Stgn ln Ink) - - 1..-
IIJ:,If,tlilai',ffi1
ra . ---,
PART AL INFORMATION (ApprO Comptetcs)(
itARK.X. tl{ APPRO
PRIATE 8OX BELOYV i
I-PRIVATE CORPORANONS ATTACHEO FILED' ;
r. A'tlclc of IncorDontlon tr tr
b. Corpontlon 8yllwr tr u
c. A ccilflotlon ttDm thr Strt! .hovrlng thc corporatlon lc ln good ttrndlng rnd lr cntltlcd to opcntr wlthln thc
St!t..tr tr
d. Copy of rcaolutlon authorlzlng flllng tr tr
a. Thr nlma rnd lddtcr3 ot aach sharcholder ownlng 3 pcrccnt or morc of thc ahares, logclher with th6 numbc]
lnd parccntlgc ol any clars of votlng sharss of tho.ntily which tuch 3hareholder is authoti2cd to votc rnd tho
nami cnd r<ldros3 ofiach lfttllEt. oith. .ntlty togsthcrtiih, In thc caic ot an affiliale controllcd by thc .ntity,' tha numbcr of sharcr rnd thc pGrccntagc of any cl!s3 of voting itock ot that atliliatr owncd, dltcctly or
lndlractly. by thlt .nttty. rnd In ihc care-of an stiillat€ whlch control.lhat entity. ttro.numb.r of 3hrt.t lnd
ttrr porcohtigc ol any dll$ ot votlnS 3tock ot that .ntity owncd. dlroctly or Indtrcctly. by th3 lttlllrt..
tr tr
t lt .ppllcltlon lt tor r|t oll or itr plpcllnc. dcacrlb. tny rclatcd ilSht-ot-wsy or t.mPorlry u$ p.rmlt !ppllc!'
tlonrr rnd ldantlt pr.vloua appllcatlons.tr tr
3. 'lf propord lrnd urc lnvolvcr othcr Fcdcral landr ldcntlfy cach agrncy lmP.ct.d by Proporal.tr tr
II-PUBLIC CORPORATIONS
r. Copy of lrw formlng corpotltlon tr tr
b. Proof ot oElnlt.tlon B tr
s Copt ot Bylrs tr tr
O Copy ot r.tolutlon luthodrlng 0llng tr r-l
G tt lpptlcatlon b for tn oll or grr plp.lln.. grovldc Information rcqultrd by ltcm "l'f" rnd "l'8" Ebov..tr tr
III-PARTNERSHIP OR OTHER UNTNCORPORATED ENTITY
r. Artlclcr of r$oclatlon, lf any tr tr
b. It on. partn.r b luthorlrrd to 3lgn, r.solutlon ruthorizlni sstlon i3 tr tr
c. Nlmr lnd lddratr ol clch prrtlclpant, partncr, assoclatlon, or oih.r tr tr:
d. It rppllcltlon lr tor !n oll or gar plpollno, provldo Information roqulrcd by ltcm "1.f" and "l'8" rbovc.tr tr
. lf thc r.qulrcd lnformailon 13 !lr.!dy liled wlth thc Forcst Servicc cnd h currcnt, ch.ck bor tltlcd "Fll.d." Provldc thc lllc ld.ntlllcltlon
lntormatlon (..9,, numb.r, dat., cod., namo and oftico at which fited). It not on filo or curtont, rttach t quortcd lnfotmldon.
,
Pr.bllc topo. ng bo.den lo. lhb colloctlon of hlomation ls e3timated to avorago 4 hours por rosponse. Including lho llme tor roylowho Inttnrc,llonr, roardrlnl
oxbdng dEtr aoutces. gatho,ing rnd mahtalning tho data neodod. rnd complgling End rovieyving tho colloctbn ot Into.rmtlon. Sond oomrmnb rogatdittg
lhlr b!tdon-a.0mt? or atry olhor |lpect ol thiE Goleclbn ol hlormElion, Inchrding 3uggostions lo, radudng Od! buden, to Dogrrfrnonl of Agrhrlu.a;
Cli|nnc._ Ofllcor. OIRM. Roofir aOa-W. Wlshhglon, O.C. 2025q lnd.lo lho Ottbo ol tntoflnrlioo |nd Rogulstory Aflaln. Olico ol Manaeomo.rt rnc.
Eudgol. t{Dhlnel,o.\ D.C. 20803.
I'
Appendix n:Location Map
,o
PROJECT
I
o
LOCATION
TOWN OFVAIL
75 Sottb Frontagc Road
Vail, Colorulo t1557
t0 t -47 9-2 r t il FAX tot -47 9 -2 t t7
ffloice ttTfotl rCA.-,
.rit
Dcpailmcnt of Pfi lic WofislTransportotion
March 21, 199L
Mr. Abe Shapiro
P.O. Box 1448VaiI, CO 8l-658
RE: Proposed Residence above Sandstone Drive
Dear Mr. Shapiro,
The Tovrn of Vail has reviewed the dr5-veway design and turnaroundfor your proposed residence. The grades as shown on the plan from
RBD Engineering dated March 6, 1991, are acceptable. There are
some concerns that can be addressed through tbe planning process,
but in concept your plan wiLl work, if the pipes and floodplainover Red Sandstone Creek can take the fills proposed.
Mike MoIlica, Town of Vail planner has stated your project is readyto begin the planning process. It is inportant you submit anapplication to the Town of Vail Department of Community Developmentto begin this process. Mike sent you a letter quite awhile ago,stating the items he needs to see to get your project conpleted.
You may ltant to revisit with Mike to make sure those itens or anyadditional items that nay need to be provided, are addressed.
In regards to the town of VaiI right-of-way in the tionsridgeSubdivision that Larry Eskwith was to address, I wilt respond inthis letter. The Town of Vail has not in the past, restricted itstright-of-way for utility use, either distribution lines or serviceconnections. ft appears if you can access this right-of-waythrough utility easenents, you will be allowed to cross the Townof VaiI right-of-way with your utitity Lines to service yourproperty.
t
r'-
IJSITER TO ABE SHAPIRO
March 2L, L99L_
Page 2
The Town will look at the area of cuts made onto the hiltslde andnost likely require a landscaping plan to address nitigation of thescars that will result.
ff y_ou have any guestlons, please contact ne or the CouunltyDevelopment Departnent.
Sincerely, ,
D'*\4efag tfall
Town Engineer
GHlslh
FILE COPY
75 soulh trontage road
v8il, colorado 81657
(303) 47$2138
(30s) 47$2139
March 2L, L99L
olfice ol communlty detrelopment
Mr. Abe Shapiro
P.O. Box 1448Vail, CO 8L658
Re: Proposed thapiro Resiilence
Dear Abe:
The Town of Vail Cornnunity Development Departnent is in receiptof your draft environrnental assessment for the Shapiro Residence,
dated March L8, l-99L. It is our understanding that the draft
environnental assessruent is being subnitted to the U.s. Forest
Service to cornplete your application for a Forest Service Special
Use Perrnit, to allow your proposed private driveway to cross
Forest Service lands.
During our last conversation, approximately one and one-half
weeks ago, I inforrned you it would now be appropriate to subnit a
formal application to the Town for further review of yourproject. I would again subrnit to you that the filing of a fornalapplication, and initiating the planning review process would bethe next step in the developnent of your project.
The Comrnunity Developnent Department is certainly willing to workwith you on your project, Abe, however we are finding it
extremely difficult to review the project in a comprehensive
manner when submittal naterial is being brought to our office on
a piecemeal basis. we suggest that you coropile all the subrnittal
material reguested in the appropriate application forms and make
a formal application to the iown of vaif, so that we can coirtinue
the review of your project.
We look for*rard to hearing from you.
Sincerely,
lra -z lqla ,, t4r4( t t!-\.
Mike Mollica
Senior Planner
/abcc: Kent Rose Larry Eskwith Greg Hall
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YFIL E COP
lmn
75 soulh frontage road
Yail, colorado 81657
(303) 4?9'2138
(3{B) 479-2139
December 3. 1990
office of community developmenl
Mr. Abe Shapiro
P.O. Box 1448vail, co 8l-558
RE: The Shapiro Parcel - Agricultural and Open Space Zone
oistrici
Dear Abe:
This letter is intended to respond to some guestions generated byyour letter, dated November 29, L99O, which was sent to the Town
staff. Dick Duran, Town of Vail Fire Chief, Mike Brake, Town of
Vail Engineering Department, and ltike Mollica, Town of Vail
Senior Planner, rnet on Decenber 3, 1990, and have agreed that the
Town of vail nay approve your road design should you be abl-e to
neet the following conditions, subject to Design Review Board
final approval and Forest Service approval:
l-. The entire driveway accessing your building envelope
shall be asphalt.
2. A fire hydrant shall be reguired, and said fire
hydrant shall be within 150 feet of the proposed
structure.
The residence shaLl be fully sprinkled.
The water supply to the residence shall need a nininunof 1250 gallons per minute.
There shall be a fire truck turnaround located at thebuilding.
J.
4.
6. Guardrails shal1 be required for the entire length of
the driveway, and shall be placed on the downhi]I side.
In the area where the driveway crosses Red Sandstone
creek, guardrails shall be required on both sides of
the driveway,
7. The maximurn allowable percent grade for the driveway
shall be ten percent (10?).
8. In order to ensure the safety of construction workers
on the site, it shall be reguired that guardrails be
installed prior to the beginning of any construction
on the residence.
9. The Town will require that a deed restriction be placed
on the property. Said deed restriction wj.Ll require
that the twelve foot road width, and the eighteen foot
pullout width, be maintained year-round for fire
access.
10. The Design Review Board reviews and gives final
approval for aII proposed retainlng walls, grading,
landscaping, and guardrails.
l-l-. That no variance for retaining wa11 height be
requested, unless slight increases in wall height
results in a better overall design, with less impact to
the community.
L2. Aesthetics - The staff has some concerns and questions
with the proposed retaining walI systens. What will
the facing rnaterial be for the watls? A detailed
landscape plan is needed, which specifically addresses
screening of the walls. We also have rnajor concerns
with the proposed quantities of fill naterial that are
to be located over Red Sandstone Creek.
I believe the above comnents address the concerns you have raised
in your letter, Abe, however if you should have any further
guestions or somments please do not hesitate to call me at 479-
2L38.Sincerely,
h. / /r7*/1,/'J4( / ttt -=-_
Mike Mollica
Senior Plannner
cc: Dick Duran, Fire Chief
Greg Hall, Town Engineer
Mike Brake, Engineerinq Dept.
Kristan PrtLz, Director of community Development
Kent Rose, RBD Engineering Consultants
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Engineedng Consultants
953 So. Frontage Rd. West, Suite 201
Vail, Colorado 81657
303/476€340
September 2 B, 1,9 9 0
Mr. Greg HalI
Town Engineer
Town of VaiI
?5 S. Frorrtage Ro,r,-'l llesLVai1, CO 81657
RE: SHAPIRO DIiIVEWAY T)ES I GN
Dear G,rerJ:
Enclosed is a copy of Lhe revised alignmenL for the abovt:-ref erellced dr lveway. There were a rrnmber of conc:erns yor_r h.rcrral3ed arrd Lhese revislorrs and clarif icatiorrs attempt to arrj-rwerthose concerns.
1' Expraln how the drainage down potato patch Dr ive wil. I l;t,handled at the driveway intersection.
The proposed 'lrlveway centerllrle has be€fl shiftecj Lo therles t to a1low the drainage to renraln in its preserrtconflguratlon. No f1l1 from the drlveway construction willencroach into the rocklined swale.
2, show how the driveway will cross Red sandstone creek arrd tli:,-cuss the need to extend the exlst ing cr.rlverts ,
Ttre drlveway grade is at an average of 10 percent frour t.r)pto bobtom. The grade for the first 2lC feet is ?.G2 percenLand the rernaining 1390 feet is at 10.36 percent. This allowsa fill of approxlmately 1? feet over the creek culverts tobe contalned on the exlsting wldth now available on a 2:1side slope with no requirenent to extend the culverts c,rbuild headwal"ls. This is shown on the drawing in the 2+10cross sectlon. If a grade of l0 percent was to be appliedfor the ful1 length, fill in that area would increase UV "p-proxlntately 4 feet, necessltatlng culvert. ei{tenslon-*, }re,-rr-1-walls or steepening of sideslopes.
3. rf a twelve foot wide driveway is to be consitlered, show atypical cross section of the driveway and pullouts where cars can
Other Offices: Fort Collins, Colorado 303/226-4955 . Colorado Springs, Colorado 719/598-4107 . Longmont, Colorado 303678-9584
and lndlcate waIl helglr0s.
A twelve foot wlde drlveway ls betng consldered wtth pul-Iouts at the third points, or at stations 5+50 and 10+50.The intent ls to be abl.e to see from one pull.out to theother, so the final locatlon and number is subject tochange. The width of the driveway at the pullouts is to be18 feet centered on the drlve. Length wiII accomodate onecar wlth tapers ln and out. Height of cut and filt walls isapproximately 4 feet for the fuli lengHr of the drlveway andup to slx feet at the pullout locatlons, These condltionsare lndlcated on the drawlng 1n crogs sectlons 5+50 and13+00.
Thts should address the concerns you hacl . If yr,iu have any adcli-tlonal quesblons, please contact me. A copy of n\y original Ietter1s enclosed for reference.
Very truly yours,
RBD, INC.
Kent R. Rose, P.E.ProJect Hanager
copy: Abe Shaplro
Dan Corcoran -/Krlstan Prltzt/
enc
&rsi'i ': '
BEST
COPY
AVAILABLE
August 6, L'3';frl
Plr . Gr eg lla.L J.
T,:wn Eng i neer
TOWN OF VAII
75 S. Fr,:nb.rge F:']{rd [,JH=l'
Vail, EO 81657
RE: SHAFIF:O DF;IVt:tlAY Ll|:::.i:". i: r:j[l
Dear t3r eq :
En,:lc,sied :i s! '.c '::
,:lt.ty ,..ii ; slv,1ip1yr:rgsci r:1r":Lvr+way ,.rI i r:tnnrein I l":I'i,lf ,*' !.]r' l..r I i::lserve the pr,:'p{,sed liharl:: j.rn fi:esiden,::e ,:,n an r-rn1:rIat Lerd pnrr:r.:l.L ;r|..i,.:., v,tLi,:ns F:idge l.-':,-:,[.!, L..i ':,!tsrr' i dge Sr_rtr d i v:i g:i. ,:in , I'rilin,J l\1,:],, :1 "
Dr iveway grade is: ,r. ,: ':,ri:::: l: i,ritt J. tli per,::{;;1n1.;,, l-fre ,:r''.:'sri in,:: L i,t:)il !.r,:rtl..Li. iJbe 1t f eet ,:f a:iplr;i.l. b ,:i.1 ,:i1i:i. n{] at iit ptrr,::errt i ri'l:,::, a {::L--:i. n,:h ai:i;:r l.t:,i.1. 1.;cLtrb 'f,n the ,:urt side atriJ a ,l--f,:":, 1 s;h,::r:l der ,:,n thc.: fill =i;lil . !:_:Ll l:and f il l wal lr; af c{ppr'.i:'; j. nraterl y 4. tr {i f i:l elt w,:r..t.l d re ni},:*:;rflryfor mngt ,:'f 'l; ha: Lenqlf l.r ,::it .l:he r iv+:lw,:iy dr.im t,:: t;i.ijl,r:;il ,::[riil ,, ]Jui* .l;t,
the Ienqtll r,f tlre driver^iay and thR dt+{!:i.r{a t,: !,:er::p cl .i. *tr..rr-blr.rr,::: *,: i; ,:::,
a minimLtmt pLll I ':t-ttg rt,:i..r.i. {J l-: *l ,:,:n.;1;rr.r,::l;+rij ...r. {.- r. ntqr.:-.:iL !.:,,i r,,'i. {::fr:i. n ... j
'-r.-rDf ea{l'l *ther E'f, hhaL ,;;1v 14 ,;r1;11r.1 pas* r'n tlrL" r'i:n,H !i.'c L ar,i.:i. ':' t-l I I'r...i tthey mi qht me*1; ,fn {:'rre 1..j.' j. 1,,',.*\..Jay, 5'l.,:pr,rr:: t':, n,r.tLrr,:ll. i.ii-."-ri..li*:;,i +r,:,,-.i i rJhe at tw': tr:' ':,rrr.:,,
On belral f ,:i f rrr 1; ,:: l i rin i; , i"lr ,, Atie
dr i veway wi h l.r a i O 1.: er,: cl L: gr aiJ*I am sendinq y':iLt thi,s i.:i i" rill:L rrri n*r y
c,rmm*rnt "
Thanl.: lrlru f ':rt.' ) nl.ti. ': ':,rii::i.:. i.:i+rat i t,rt
Very trurly y,:'t.lr:!,,
RBD, INr:,
Ken b E. F,',f,sr!, F " f; .
Prc,.ject Manager
c ': ! Abe Sliap !_ r t
Dan [:*r c ,:r arr
5h.r.l:'. i' ':.i y '"ttil i.i i.: ':.:
,..r i..::lFJ ,,:i jil :!. ''+.:, i::
i ui{t-t.i T-*?i:5 l-,.:: L.rft lirtqi:t*i,ti- '.'ir.::r :..r'iii j. r
aJ. iSlitmont f ,::rt' Vi:rl.. ' r' e rr :i. ,:.+ r,.r *r.rrc:i
hii*t ;',.,r,:r:i. t y';ii.q'. r rJ,i:i[:],:.if:.:::i i:;t,
lnwn
75 south trcn|lgo iord
Yall, color.do 81657
(303) 4792138
(303) 419'2139
September 4, 1990
Mr. Abe Shapiro
P.O. Box 1448
Vail , CO 81558
REs AErlcultural and open
Dear Abe:
olfice ol communliy developmenl
fut
cupr
space Zone distrlct
The intent of thiE letter is to follow up on some qluestions that
were generated at our August 29, LggO neeting with Kristan Pritz
and Irrin Bacharach.
As you are attare, your property is zoned Agricultural and.open
spale and is allowed to-have one dwelling unit with a maxinum
cnFA of 2,ooo sq. ft. Per a discussion with Larry Eskwith, Town
Attorney, should you decide to construct a detached greenhouse
and/or barn, such accessory uses would not be counted as GRFA.
In response to your question regardlng whether or not any new
anendment to thC Town Zoning Code would affect your proposed
developnent, I can only reference a letter written to you by
Larry Eskwith, Town Attorney, on Augtust 20. L99O. This letter
addresses vesting of development rights under Colorado Iaw.
Abe, your flnal question was with regard to whether or not an
enployee housing unit would be allowed on this site and vhether
or-nol the addiiionat unit would count as GRFA. As we discussed
at our neeting, we believe there are two alternatives in which
you could purtue an additlonal enployee housing unit on this
site. The first option would be to propose to rezone the
property to Special Development District and to reguest an
iaa-itionat awetting unit ana aaaitional GRFA. The second option
would be to reguest a density variance for GRFA and number of
units. Again, I should point out that density variances are_very
difficult-to 6utain, in that you nust show a physical hardship.
ABE SITAPIRO
I,ETTER, PAGE 2
I hope the above lnfonnatlon addrer-ges the gueatJ'onr that you
have raieed, however, t.f you ahould bave any furtbcr co6ente or
gueatLons pLeaee feel free to contact me at 479-2L38.
SIncerely,
PIJ* flte- .,
t{ike uorrLca ^ i$nsenior nrannpqLf," ) )t-
t&I/pp ', t*'
cc: Krlstan Pritz
L,arry Eskwith
4,,,^
-
SUBJECT
t-d -7o
lh-PH€nSB (308' 47&3577
SPEED.IAEIAO
75 touth ftontagl road
vall, colorado 81,657
(303) 47e-21O
ofllcc of town *tomry
August 20, 1990
Mr. Abraham L. Shapiro
A.L. Shap'iro & ComPanY
P. 0. Box 5640
Avon, Co'l orado 81520
Dear I'lr. Shapi ro:
The Town Councjl has requested that I respond to your letter of August 8'
fgSO and your letter of August 14, 1990. As you are.aware at the present
[ir.,-lft."ilricuitura'l/Opei Space'zone district would al]ow one residence
not io exc"id 2,000 square felt in GRFA on your property. _The Council has
not yet made a iecision whether or not to amend the Agricultural/gpen
lpici zon" district in any way. Shou'l d the Agricultural/gpen Space zone
district be amended prior to lhe time any development rights_you may have
on-iit.-pr"petiy iuesl" under Colorado lai, the anendment wi'l 'l be effective
as it relaies lo your property as we1 I as all other property zoned
Agricultura'l/0pen Space in the Town of Vai'1.
You raised the question as to whether or not it would be possible to, in
ror" ""y, grandfather your property even if your development r.ights have
noi-V!i"u.ited under Co'loraio iaw io that your-property would not be
affeited by any amendment to the Agricultural/Open Space zone distpi ct.
it" to*n Ciuncit at its l{ork Session meeting of August 7, 1990, did_not
ionmit lo a ,'grandfathering" of your property but requested that I look
into the matter further.
You certainly have the right to proceed with your plans to d-evelop your_
prop.tty "nd-in.u. whatevir expenses you wish, however, the.Torm Council
tannot luarantee to you at the present time that the land shall stay as
pr.i..tii zoned or tiat if the ioning on the land is changed your property
wi'lI be "grandfathered."
Mr. Abraham L. Shapiro
August 20, 1990
Page 2
In your 'letter of August 14, you requested the Town Council consjder
permitting you to construct a home that contains more than 2,000 square
feet of GRFA on your property. The Council is not in a position to grant
this request at the present time. There are two procedures you may follow
in an attempt to obtain the right to construct a home with mone than 2,000
square feet of GRFA. The first is a variance procedure to obtain re1 ief
from the requ'lrements of the Agricultura'l/0pen Space zone district as it
now stands. A variance request is heard by the Planning and Environmenta'l
Comniss'i on and is subJect to appeal to the Town Counci'| . The secondpossibiljty is to request an amendment to the Agricultural/0pen Space zone
district which wou'ld eliminate the 2,000 square foot requirement. This
procedure requires passage of an ordinance by the Town Counc'i 'l .
For your information, there is no way that the Town Counci'l may amend the
Agricultura'l/Open Space zone district by a resolution at a Town Counc'l I
Work Session. Such a change nust occur as previous'ly stated through the
passage of an ordinance at a regu'l ar or special Town Council meeting.
If you have any questions concerning these matters, please do not hesitate
to ca] 'l .
Very truly yours,
Lawrence A. Eskwith
Town Attorney
LAE/bsc
4.1 , srnp,no er*llt*o.
K.,$
ilneItoaqD. O. Drawer 1448
coLoRADO 8r658
(sozttts-fl 3f2?
LETTER
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T5S REW SEC I S.E. t/4
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.,"i f "7.Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD
CARBONDALE, COLORADO 81623
: /gg0
(303) 963.3600 (21 HOURS)
i-\t.ii;if..Ll:;t .!. l:, Liti:)t:,.i
t\l: e i.-. Siirapr j. r.o
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Vai I CO [].t 6i:i{I
Rllr F.(nr: f,: Fa.L.L anrJ llr*Lrri. s [: i. r:r,.,r L,i.v,.,r.i. r..r,l,rt.:i. on ...2 acr.r]s " V*i ll.
Dear- l'1r Sih,apir-o:
- : - --
I vi si.L.etj thee +rl_.nver r.Ff rjrr..ernc:ecj nr. {tir:}t*t-.[y ].11 Vijr:i..]., northr^les,t o{the floFr aLrstrcrontltJ r..-:i. r.!ri'-.j rti.drii:r r.-i:ri,n,, r-E,r:.rn1:ry .i: i:rr. r:ltr,;ror;es o.f;l clemloqli.r: li*;,:,nt'-i:J n.,,,r.1. r..i..i.1,::i. r::r"i, r,l L:;;:.t r,ll:: ,i.,n.1.,1. 1, ;11.1r' j 1.: 5rer..[.ai ng tt,r
:::|:._jftl,pr:r'Len{::i a.1... /-\r:..;1:111 1.,;s.111r'1^., a',hi!f, """e.ity rock {a}l:::,::::..t' ill:-l :I.the.,l,wn o{ Vair,;-;;p;-;;' "r:f".ii"s';;;.|I..]PS.tv: rhts oehrig .r:Low hai:arcJ-'nrrc,;rn"'lii"*,:.*?"flil'i.'iLsnurthwestern-ffier r.J pr{rperty l+herecontempl a rrg oraps) .
lllo?i":ii..1r:rloii.rnri n\re rhar Lher r-i:c|.,: r:ar]. t. h;r:*rr-ct iri pres;errr
Mbe+caLtgeln.fl-..|itl1-tt:tsit.ictrrc:fyoL(r:bL(itdinq
?,]t,?l?-tri:._111h*r^rn , on ttre 1r-,:$s .L.h;irr 4r)y. 5.I*prl c_rf_13i:r , r_eJ. at:i. ve
:;:'-.:n:.."::11':"frl'",s *:''lI .th*r n*turiir *.{' rhe ;;,;;;,,;;,;;';. -il;
l:"ll.-t" i-:-.::..T::111n lnir:h :i:,,..rrmne " r,",r.i,r-;i;,r;;'i';;'.'1'.,-*u'J'i,",0
llljt:-..tlf.fj:1.:.1.1 n;,r.y, r*ct,:::; .f r.nn*nrr,,,.r*- *i.t.i''"ii"i"tr.,"iI"..lvw.:!:Tt?-:"" nf t-her t:r',rr: r.1r..i.r. .r. :r c,rE; c.rl r.i;rnar .[ v;rr. I r.:yr-= r:n e""i tnr;-,r si crJ:j 1i:_pr',.'l:ierty. -t't-rii ,,i,ir:r:rqrp hitl.;,.;;, *;;;;;;';";,.- i;;':'l_;';l:,"t. Ll 'L ;r i'J | !flt 9)
.-: :?::Oi.:*t::: ,T+ cl:r'pen .i:r^erir cr:vc.,,r- r*rricti shclLrici tre arr ;tcjv;:n.Larcre
i:.,,t.l.::l_":...:.::l:-e.ny r.*cr::s wriiri,,"trii.t"b;';;;i;,;; i.;-:,::;"';l;:TihLli I cli nq n1r,r..l. r:rFre,.
l:n npit'n ','{: tfrn alirve r::: i. tr"-,cr .{i.,:rctnr-=, ri. be+,r. i *r,,t* it prr:urr. cJ berpcJT:lbl, e tn i rp r'*.../€.f th*:r r;i t-.r-r.at:i. {.-)'
'u:i
i.Jrr i.f: :icant:ly ur:i.th r,mernndi'f :i,rflt:i.nng; .Lfi tl-rGl r.r*Lir- $-*i thf., !r:i tF:r" .l"r: tht* e;rtpntpur:rsi b l. e the rr:*rr r:f the si te sh*Lrlc, tre crowned to she.rrmateri al whi ch mi ght otherwi. ssr reacr.r the horne. The rearf*undati o. *ar. I can bu" deri gnecr t'. pr*trurrJe 'at rea:it three{eet sbove finiehed gr-arJe anri traves a stre,ngth o{ at te.1st so(:},p"."ld: per square ,f ocrt. A six font berm 'r four f r:r:t wal'behi.nd the propr:ged homei may fre npteci {or i nstelarj ,'r: i ncnn junction wit_h the s.Lr-engihranecl rear gtem r.raL l.
Ilrairr;r-ctre a.r"oir*ci trr.* rr*me shour cl t:r.l p'oi,itI.*rJ tr:: F)r-Er1./F,rtr::l*frcli ng m{ r"Jai-$r' ancr tirr'"., hume,r l:ir'ir::t.r L cJ Lrp- rJe+rs!. qineiJ . to pr-eiventtlro acct'rmutl ,:rr'::i *rr -'rr' . r-adcr' .J,Ur 01,,
'1,
n r. g:; i, :t bsrct:rrri nq r,t":rnciar-cipr"ilq:;{:ice in i'..h* riitate. !l:irr:. i.nv::ir;tiqation .for- 1::rur.prnriies c.r{prnpr:r "f clr.,rrrrJlrt r r:,rn dn+lr:i.rlrr l;lrr::L.t,i {:1 []!,-r:.lcmcJrl i::nnsi:r-r-.rr::ti nrr,
siee ac c (:tolp an y
A rel. ati vnl y I c:rn e.i ilt'i 'tetr.r,e':z l^l j. l. L trt-' 116{:tLr.;it5ciily i:ct y e"r,, cft tl-tt*
5ite thr$Llql'l ym;,tp prru;:ret- Ly artd 1;;Onin l::i{il? t-:lr.,i 1" lilelr- r,,:i, ce .l...,rntl .i,,r.1. gnr.1
a {air-ly sitsep hj. 11 r:i:i.cle" -l"lr j.s dr':i. vr.ir{ay r.r:i. 11. becli. n at {: h eil
{irst st^ti.tr:h*bac[,: or] [:'rit;r'L r:r ['atch Fioarcl .rrirJ fi*r,,r* tn crc:ig,r: thel
EFeeli ttl the H{i::5t to re;ri::h tl-re 1:r-oper-ty. Tht:r'e ,rr-L" ncr
,ttnqt,6Ua.l qEc:l nqJi c c:r)ncli t:i. orrsi al. r)rrq l:tre Lrr-opos-,ecl el. i cJnrnent
whi.ch c(.Jr..r.[ cl FrF:clr-rcJe tfr is y-nr"rte. l:ut-. " due tcr the steFtr
gn Fainag€l $l ong thu.
accegrs :i s i mport-;:lnt tci g:r r- evr.,.'n t *rr:ati on ul: Lrrlstatll r-t cnt-e:aS
dLrr i ng wert petr j.orli::.
Fecaurss* o{ the lr;r:rard r"eqLrlat:lr::rrs-" n{ .L:. h er 'inr.rri o{, V;ril, care
fnLtlit he tltl.{fiin n{:tt tt:l increr..r::e lhet liarar-cl to a n'i;!if,Jhbor byyolrr attemph:3 at rnit j.qation clr i rLthe devr:lofJmctnt pi-ciceEsi,
The property does I ie in a geological ly sensitive ar-earGhlll
9evelopment aF prespntl \' prctfrriserJ wi I I nmt inci-ea<tp tt.ri'
haaard to other- nronertv. or :itructures. eir to. pLrhlic, riohts*'n{iwav. ro*rds,, r;;treet.s,, e;,rsermentr; " urt i. l:ities nr {;rcilitir.rs or.other prcrpert:isfsi o.F any kind. . I f tlrrilrr:r are .f r-rr.threr*qltesti ons, crr :i i: hel;::r i. s dF:ri r.ed j. r: ,L.liiil cles:i qn r:{ amitigation {el.r'l:ltre " Fl.r:a--e cont.rr:t nt*.
13i ncer-e1y,nlJ%
Nli c::iro.l .rc [...,irmp i r- i *
llmn*:.r-tl. t:i. riq liienl. t:iq j. Eit
"?.Metcalf Archaeolo ical Consultants, Inc.
(303) 32A-6244
prr)"ffi,W
August 13, l-990
Mr. Abe L. ShapiroP. O. Box 1448Va1I, Colorado BL658
Dear Mr. Shapiro,
Enclosed is Metcarf Archaeologl-car consurtants, rnc. (MAc)
leport on the proposed access road iir vall, Eagle qounty, cotorado.Srnce no curturar resources were discoverea alrrng this survey srehave recommended clearance for the "r"" "rraar"y"a rrt connectlon wlththe proJegt.
_ should you have any questJ-ons or need further assistance please-do not hesitate to catl.-
Sincerely yours,
/lL,j",/ o //&fu/*
Michael D. MetcalfPrlncipal Investigator
MDM/sjm
Ranger Distrlct, White River National Forest
n**r#qd*
'yl*{Pga;
PO Box 899
Eagle, CO 81631
Introductlon
At the request of Abe IJ. shaplro, Metcalf Archaeologlcal
Consultants, Intr (MAC) .conducted an archaeologtcal survey .ofapproxinately 300 ft of proposed access road ln Eag1e County,
Coforado. This proJect witt lnvolve constructlon of a narrovt drLve
LntO a prJ.vate homeslte. The proposed road follows a prevlously
bladed lnd reclaimed path whlch the Town of, ValI has abandoned.
Flled survey covered the previously bladed route, aE well as a 50
f,t strlp upstope of the pieviously disturbed corrldor for a total
of a 1Ob tt wfatn. The proJect area ls located tn the SE/NE/SE
section 1, Tss, Rgl!{ ln eastern Eagle county, ln the Red sandstone
Creek area of the Town of VaiI (Flgure 1). No cultural resources
were located, and clearance ls reconmended.
Envlronmental Data
The VatI valley ls located ln the southern Rocky Mountains
phystographic provtnce (Thornbury 1965). Speclfj-cally the proJect
area fi aiong the southern flanks of the Gore Mountaln Range whlch
lte to the nbrth of Vail. The area Ls wlthln the Colorado R1ver
basJ.n, wtth Red Sandstone Creek draLnLng Ln a southerly dlrectlon
lnto Gore Creek, and thence thE Eagle Rlver.
The proposed accsss road orlginates at an exJ-stlng road along
Red Sanaitone Creek and traverses a steep, southeast faclng
hllLslde. Vegetation ln the survey area conslsts of, a mountain
scrub hlllslopL wlth big sagE, servLceberry and varlous shrubs and
grasses wtth aspen stands adJacent. The ground cover ls dense Ln
tne proJect area, but overall vlslbillty was adequate for the
detection of, cultural sl.tes.
ExLstlng Data and Llterature Revlew
Prlor to the survey a files search was conducted througb the
OfflcE of Archeology and Historlc Preservatlon (OAHP) ln Denver.
The results on this- search revealed no prevlosuly recorded sites
but, two prevlous cuLtural resouce lnvestlgatlons conducted wlthin
Sectlon t. The flrst was a Class III investlgtlon performed by the
Colorado Department of Hlghways on 6/16/88. Thls Eagle Vail to
VaLI road investlgatlon crossed the SE/SE guarter of the sectlon,
whllE the second Ctass III crossed the SW/SE of Section 1. This
second survey was conducted by Whtte River Natlonal Forest
personnel on:],t/Zg/gt. The only cultural resource discovered on
these surveies was one lsolated ftnd.
The known culture hlstory of, the area has been presented in
State RP-3 documents by Guthrte et al . (f984) and Ln Bucktes and
Buckles (1984). A hlatory of the EagLe Valley ls presented in
KnJ.ght and Hammock (1965) and reglonal. hlstoric contexts are
addieEsed ln the RP-3 document (Mehls 1984). A comprehensl've Class
I overview of the Town of Vall was completed by the author ln 1989.
ais snprno Driveway
SE/NE/SE Sec. 1, Tss, RgIwVa1l West 7.5t USGS euaclrangEagle County, Colorado
o
le
i\(
\--
.r87oot.N.
39'37',30"
Primary highwaY'
hard surface..-" -.-"
SecondarY highwaY,
hard surface.... ..-
lnterstate Route
r06'22',30"
ROAD CI.ASSIFICATION
Light'dutY road, hard or
imProved surlic€ --
-
UnimProved road- - -'-'-"'
U. S. Route State Route
VAIL WEST, COLO.
NW/4 MINTURN I'' OUAORANOLE
N 3937.5-w 10622.5/7 .5
I9 70
AMS 4?05 III NW-SERIES V8??
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! 70@ fEEt
I XILOMETEN
tDS
{ASHINGTON. D'C' ?0242
E ON REQUEST
I c,iuo' oo
Ill
QU^OR^NGLE LOCATION
. '!.
;
Statement of ObJectlves
Based on MACrs experlence in the area and the data presented
ln the RP-3 documents referenced above, there is 1lttle potentlal
for prehlstoric or hlstorl-c resources wlthln the proJect area.
Due to the steepness of the terratn the potentlal for the dlscovery
of prehJ.storlc resources Is thought to be minLmal . As wlth any
shoit-notlce small scaLe survey, the primary obJectlve was to
insure that cuLturaL resources would not be lmpacted by the
proposed actlon.
Fletd Methods
The survey area was ldentified to the author 1n the fleld by
Abe Shapiro. A prevJ-ously bladed and revegetated road abandoned
by the Town of Vall formed the southern boundary of the survey
area, and undlsturbed hlllslope extendlng about 50 ft above the
dlsturbed corrldor was also lncluded ln the survey area. Coverage
waS by two slnuous pedestrlan transacts. ALL exposed areas such
as rodent bacterld, cut banks, and game tralIs were closely
inspected for cultural resources. In total, a 100 ft corrldor was
examined ( O.7 acres ) and no cultural resources were dlscovered.
Results
No sLtes or lsolated flnds were dlscovered on this survey.
Thls was not surprlsing because of the steep due to the steepness
of the terraln. The results of this survey are conslstent with the
expectatlons generated by previous work In the immediate area.
RecommendatLons
Cultural resource clearance ls recommended for this proJect.
References Clted
Buckles, Wllllam G., and .Nancy C. Buckles
t9b4 colorad.o' Htstortcal erchaeologg context.Hlstorlcal Soclety, Denver.
Knlght, Mcdonald, and L. A. Hanmock- 1965 Earlg-Dags on the Eagle. Prepared and publLshed by
Mcdonald Knlght and Leonard Hammock.
Meh1s, Steven F.ig}+ Cotorado Mountatns ltlstorLc Context. Colorado Hlstorical
Soclety, Denver.
Resource Inventotg of the ValI VaLleg
Dj'strj,ct, Eagle Countg, Colotado. Ms.
Archeology and Historlc Preservation,
Metcalf, Mlchael D.l9S9AClassIQ,tltural
Consolidated Water
. on file, Office of
Denver.
Cotorado
John WiIEThornburlr, Wllllam D.
1965 neglonal GeomorphoTogg of the llntted States.
and Sons, Inc., New York.
ft31;f a
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't/*h;
A^.fi,&a,,*
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tJ/t*4:
*A6r<,.he{o*,/'Vltthl!fu --___b
AaSz
75 sout'| ftontage mad
valt, c{lorado 8t657
(303) 479-2107
offlce of town Ettom€y July 27, 1990
Mr, Jack Reutzel
Deutsch & Sheldon
7951 East Maplewood Avenue
Englewood, Colorado 80111
RE: Abe L. Shapiro & Company Variance Appfication
Dear Mr. Reutzel:
Mike Mollica requested that I research this issue and respond to your
letter of July 17, 1990. My review of the ordinance and the minutes of
the meetings at whjch the ordinance was discussed and passed on both first
and second readings, cgnfinns your discovery that the Code failed to
incorporate two sentences which were jnc] uded'in the ordinance on second
readi ng.
We apologize for any inconvenience the improper codification may have
caused Mr. Shapiro, and I enclose a check in the amount of $100.00
representing a refund of Mr. Shapiro's variance fee.
Thank you for pointing out the discrepancy between 0rdinance No. 34 and
its codification. If you have any questions, please do not hesitate to
call.
Very truly yours,
A. Eskwith
orney
LAE/bsc
Encl osure
cc: Abe Shapiro /
Mi ke Mo'l 'l i ca./
wrenc
/-*+ii;.fw ,.lrrILeU oLaLet;
Departrnent of
t*""
Ser'rice
virtrL c Klver
l.lat ional
Fores t
J, aro"" Ranger District
P. O. Box \90
Co 1o rad oAqriculture a Lo4)
Reply to: 2720-3
Date: July 20, 1990
Mr. Abrahan Shapiro
1785 Sunburst Drive
P.0. Box 1448
Vail, C0 81658
Dear Abe:
I can appreciate your situation in trying to ecquire access to your ProPerty in
West VaiL. The Forest Serv-ice does have a policy to Pernit access to Private
landocners when no otber access across private land is available. Site
inspections by ny staff and nyself have verified that the most reasonabLe
accesa to your property would require that the lower Portion of the road be
constructed on Nat ional Forest Systen lands. I feel the access road across
Forest land is the best possible location, but before an of fici.al- decision is
nade, an Environmental Assessment nust be conpleted. A prelininary steP to the
preparation of this docunent is to identify any j.ssues or concerns that !0ay
exist for the project. During tbe public scopiag process, rse have ideotified a
potential issue with the Tolln of Vail possibly not suPPorting the developnent
of this area. It is desirable for all parties conceroed to resolve this issue
early in the decision making process to lnininize your costs in the analysis
process and to avoid future probleos. It is uy desire to bave the portioo of
your road oa National Foreet Syst€n lands fu11y meet TonB of Yailrs staaderds.
liohr that the scoping process is conpleted, preparation of the EnvironnentaL
Assessnent can begi[. The tine required to do this can be reCuced
significantly in cases where the proponent cootlacts through an Environnental
Consulting firn to prepare the docurneht. I vould strongly recommend that you
consider this option if you would ljlce to see the process hurrieci along.
Before the Envircnnental Assessmelt can be conpleted made, a Cultural Resource
report and the survey and design work for tbe road will be necessary. the
Cultural Resource report can also be acconplished by an Archeological
Consultant. The purpose of this survey is to identify any Cultural Resources
that could erist along the proposed road location. No disturbance on public
lands can 1egal1y occur until the survey is conpleted. . Survey and design vork
crust also be acconplished so that the inpacts of the project can be evaluated
in the Environmental Assessurent. The Town of Vailts design standards should be
teken into consideration when designing the road.
Caring lor th9 Land and Sgrvrng Psoplo
F5-6?00-28 t7-82)
lJith regards to the Spraddl-e Creek parcel, the process that lre are requiring
you to fo11ow is the €r<act sane process we are currently going through with
Spraddle Creek. An Environnental Assessnent is being prepared and a decj.sion
si11 follors soon after it has been conpleted. fhe purpose of this docunent ie
to display all the alternatives to the project, identify issues and concelns
related to the project, deternine if the project is consisteot with the lJhj-te
Riverrg Forest Plan direction, deecribe the eavironmental i-nPacts of the
various alternatives, and exanine the inpacts of the project on 6uch things as
cultural resources, visual naoagenent, and soil and sater resources.
I reaLize that some time has passed eince we first began discuseions and
received your application for the road on public land, but I feel that we bave
nade considerable progress to date. We will continue to work with you to
insure that al1 the necessary requirenents ale net before an ease&ent ean be
granted.
If we cao provide more assistance as you proceed fron this poiat, please feel
free to call eitber Ti-at Granthan or myself.
cc:Bob Lawton, SO
Alan Yanada, East Zone Engineers
Kristan Pritz, Coununity Developnent Director,Torrn of Vail
Caring for the Land and Serving Feople
FS$20G.28 (7-82)
2 C 1390
IIARVEY E. O€UT8CH
MICHAE! A. SHEIOON
JOHii v. SPTLLAN€
JACX E. REUTZEL
CUFTIS R. HENRY
DsurscH a Sunt-oott
ATTORN€Y8 ANOCOUNSELIOiA AT IAW
7A61 CAST MAPINryOOO AVENUE
8U|lE 320
ENSLEWOOO, COLOFAOO eOi I t
(c@) atir-19!2
fELeFra zm-auaf
July 17, 1990
Mr. I{ichael iI . Mollica, Senl-or planner
Departnent of Cornmunity Developnent
Town of Vail
75 South Frontage RoadVail , CoLorado 81657
Re: Abe L,. Shapiro & Co. -Propoeed Variance Appllcatlon
Dear ![r. Molll-ca:
, Thank you for taklng the tlne to see me yesterday, Monday,July 16, 1990, regardlng the above referenced appllcation. Durlngny reEearch into the lot ln questlon, I came acrosEt Ordinance No.43, SerleE of 1979, anending the Town of Vait Code with regard tolot area, Eite dimensione and denELty within the Agricultuial andOpen Space Dlstrlct. I believe a fair reading of the attachedOrdinance No. 34 indicates that Mr. Shapiro is entitled, under theZoning Code, to build a reeidence in -the Agricultural and OpenSpace DlstrLct and need not apply for any variance.
Sectlon I8.32 of the VaiI Zoning Code sets forth therequlrenents for the Agricultural ana Open Space District.Throughout the section, the code has been coairiea io brlng it int.oconforrnance with the anendments that have been passed by the TownCouncil. Section 18.32.090 referring to density states: rrNot morethan one dwelllng unlt shall be permitted for each thlrty-fiveacreE of site area.rr However, the Town failed to codify alt ttrelanguage found 1n Ordlnance No. 34, Series Lg7g. The Ordlnancere-enacts 18.32.09O density to read as follows: rfNot more than onedwelllng Ehall be perurltted for each thirty-five acreg of sitearea, of which one acre nust be bulldable. prbvided, however, that
9lg .dlilelling Ehall Pe allowed on a lot or parcel of less thanthLrty-flve acres which contaldwelllng Ehatl not exceed 2,OOO square feet of c.R.F.A.r (Enplrasisadded.) C1early, this applies to Ur. Shapirors lot.
DeurscH t SneLDox
Mr. Michael Molllca,tuly 17, 1990
Page Two
Tlrerefore, the renaining questlon Eeens to be whether or notthere Lg one acre of buildable area on the Shapiro lot. I nakereference to your Staff Report dated ifune 11, 1990, wherein youconclude that the shaplro lot has 1.39 acreE of,bulldable area. ascertified by Eagle Valley Survey.
It is our concluEion that Mr. Shapiro is entitLed to build aslngle farnlly reEldential unlt on the-subJect parcel wlthout theneed of obtalning any variance fron the rown oi vail. rf rre arelncorrect in our conclueion, r would appreciate an expranatlondemonstrating the Townrs contrary position. ottrerwise, we expecta fulI refund of ltr. shapirors variance application fee as werr asa letter fron the Town of vail concuiiing with the opinJ.onsexpressed herein.
JER:Ji
cc: Mr. Abe Shapiro
IJavrrense Eskwith, Esq.l,[8. Krlstan PritzHarvey E. Deutsch, Esq.
75 soulh lrontage road
Yail, colorado 81657
(303) 47$2138
(303) 479'2139
oftice of communlty development
June L2, l-990
Mr. Abe Shapiro
P.O. Box L448Vail, CO 8l-658
RE: Planning and Environmental Connission Action
Dear Abe:
The Planning and Environnental Corunission, at their June LL' L990
public hearing, unanirnously voted by a vote of 5-0, to deny your
request for a variance from the minimum lot size. The Planning
Conmission made the following findings with regard to their
notion:
L. That the granting of the variance would constitute a
grant of special privilege vhich would be inconsistent
with the Iirnitations on other properties classified in
the same zone district.
2. That there are no exceptions or extraordinary
circumstances or conditions which are applicable to the
site of the variance that do not apply to other
properties j.n the same zone district'
3. The Planning Conrnission was unable to deternine that a
physical hardship was involved in this request.
4. That the existing zoning was in effect at the tine of
the purchase of the property by the current owner and a
finding that agricultural uses are still permitted as
an allowable use on the site.
As I stated above, the vote was 5-o and the following Planning
Connissioners Itere present at the neeting:
Chuck Crist
Diana DonovanJin Shearer
Kathy Warren
Dalton Willians
In response to your questions regarding geologic lrazards on the
properly, I have double checked the Townrs geologic hazard maps
ind- it &oes appear that your property is located in a "high
hazard debris ilow area and a high severity rockfall zone.rr I
will call you this afternoon to set up a meeting to discuss this
further. tf you should have any further questions or couments
regarding any of the above, please feel free to call me at 479-
2L38.
Sincerely,
/1-/ flA,^
Mike Mollica
Senior Planner
l0vpp
cc: Kristan PritzLarry Eskwith
TO:
FROM:
DATE:
SU&TECT:
Planning and Environmental Conmission
Cornmunity Developnent Departnent
June 11, 1990
A request for a varLance fron the ninimrrm lot size
parcel of land described as that unplatted plat of
southeast I/4 of the southeaat L/4 of Section l,
Township 5 South, Range 81 ltest, of the Principal
Meridian, lying northerly of the Lionrs Ridge Ioop
Ehown of the recorded plat of the Lionrs Ridge
ona
the
I.
Subdivision recorded July 25, L969, Ln Case 2' Dralter
L,, and Book 215 at Page 649. This parcel is located to
the north of the L,ions uane Condominiuns and above
Sandstone Drive.
Applicant: A.L. shapiro & co., A colorado Nominee
ceneral Partnership.
DESCRIPTION OF THE VARIANCE REOUESTED
Abe Shapiro is requesting a variance from the minirnum lot
size to allow for the construction of a single fanily
residence with a secondary, caretaker unit, on the above
gane$ unplatted site. Mr. Shapirg's par-c?I is-51841 agres
_in size ind has a curre@r agiicurturar
of 0buildable
lfhis zone district has a rninimuln lot area
thirty-five acres with a minimum of one acre
arearr per dwelling unit. The Shapiro parcel
f frbuildable arearr as certified by Eagle
/ tne applicantrs variance request is from Section 18.32.o5o
/ of the Townrs zoning code, which reads as follows:
\\ 1118.32.050 - Lot Area and site Dimensions
)1 The ninimum lot or site area shall be thirty-five acres
/ with a minimurn of one acre of buildabte area per
( dwelling unit. rl
ur. shapiro is requesting that two dwelling units be allowed
on the parcel . Under the Agricultural and open SPace zoning
this woul-d require a parcel of ?o acres in size. The
applicantrs parcel is e.844 acres in size, and so the totalIot size variance request is for a shortage of 53.lsJ--ac.ps
S of .'buildable area'r whichacres for two
the two
II.@
Upon review of Criteria and Flndings, Sectlon 18.62.060 of
the Vail uuniclpal Code, the Departnent of Conrnunity
Development reconmends denial of the requested variance
based upon the following factors:
A. Consideration of Factors:
1. The relationshio of the recmested variance to
Staff strongly belLeves that approval of this
varLance reguest would only affect the Sandstone
neighborhood in a negative manner. Because the
applicantrs parcel is so highly visible fron the
irnrnediate neighborhood, as well as other areas of
Town (i.e. l-?O, North and South Frontage Roads,etc.)r iny cutting into the slte to create abuilding site or access road sould likely leave a
very visible scar.
According to the Townrs geologic hazard maps, thisparcel is located in a !!g!_lazard debris flowrllrea and a ,'high severit@histime, no geologlc reports have been subnltted by
the applicant. The staff certainly questions
whether geologic hazards can be properly nitigatedon-site or whether construction on this parcelwill increase the hazard to other properties or
structures in the area.
Staff has Ldentified the following other concerns:
- I{hat ig the availability of utilities to thiEparcel? w111 additional trenching be
necessary to provide the site with electric ,poner, water ind sewerr 9rt "t".i -16,/u/t'-@f
The parcel appears to have linited access forfire protection and may not meet the ninirnun
requirenrents of Article 10, Section 207 of
the Unifortn Fire Code.
The Agricultural and Open Space zone districtonly linits building bulk and nass by height
and site coverage restrictlons. The maximum
allowable height ls 33 feet and the rnaximum
allowable site coveraqe is 5 percent of thetotalsitemrestriction in this zone district. The
2.
DaxiDum site coverage for tD.iHpar€e\would
allow a residence to cover q41906 sqrft. ofthe parcel . By pushing the Dtildiarq-to threestories, or 33jffe-tEB-lttenQe could be
approximat"r"Q, oo,, ::t -p,in size.
The deqree to which relief frorTr the strict andliteral interpretation and enforcement of a
specified requlation is necessarv to achieveconpatibilitv and uniformitv of treatment amonq
In our review
been unable toof this variance request,ical hard
ff has
Ldentify a ph
recolot
varlance
e
not cate any previous reQuests for
size variances in the Agricultural and open
Space zone districts. The owner bought
n place.
The effect of the recruested variance on light andair. distribution of population, transportation
and traffic facilities. public facilities andutilities, and public safetv.
3.
The staff is of the opinion that the reguested lot
size variance, if approved, would negativelyaffect transportation and traffic facilities,utilities and public safety.
Staff is very concerned aboutut the negative impacts
parcel . Currently,
Schedule B-2 of the
of providing access to this
that there is a-r1ackor hlghway
Even if access can someholt be ,questions the steepness of such an access road
the extent of regrading necessary to reach a
possible building site, and the appearance of
retaining walls.
rTI. REIATED POLICTES IN THE TOWN OF VAILIS I.AND USE PI,AN
the parcel is landfocked.r:l
-ownerrs title report states
f
and
A. The Townrs Land Uge Plan has identified this parcelrspot@, and the Pran defines open
space as follows:
rrPassive recreation areascorridors and drainagewaysthis category.llsides
undev
such as greenbelts, stream
are the tlpes of areas in
which sere classified as
sloPes ov
are also included w e nlrrs
B.
areas would sti1l be allowed tlpes of developnentpernitted by existing zoning, such as one unit per 35
acres, for areas in agricultural zoning.r'
The appllcable Land Use Plan goalsr/policies are llsted
as follows:
1.6 Is on the hlllsides should be
evalua
clf,alopnent nay be pernitted
intensity uses in areas that for some low
are not highlyvisible fron the valley floor. Xew-projec'gs
sheuld be carefullv controlled and developed with
sensrElvtty Eo Ene envlronmenE.
This proposal conflicts with the above Land Use
PoLicies.
IV. FINDINGS
The Plannincr and Environnental Comnission shall make the
followinq findinss before qrantinq a variance:
That the granting of the variance will not constitute a
grant of special privilege l-nconsistent with the
linitations on other properties classified in the sane
district.
That the granting of the variance will not be
detrinental to the public health, safety or welfare' or
naterially injurious to properties or irnprovements in
the vicinity.
Tbat the variance is warranted for one or nore of the
following reasons:
1. The strict literal interpretation or enforcernentof the specified regulation would result inpractical difficulty or unnecessary physical
hardship inconsistent with the obJectives of this
title.
B.
c.
5.1 Additional residential should continue to
occur as
f-opriate l'n new areas where high hazards do no
exls
There are exceptions or extraordinary
circurnstances or conditions applicable to the sane
site of the variance that do not apply generally
to other properties in the same zone.
o
I 3. The strict interpretation or enforcement of the
specified regulation would deprive the applicantof privileges enjoyed by the owners of other
properties in the same dlstrict.
V. STAFF RECOT'IMENDATION
The staff reconmendation Ls for denial of the requested lot
size variance. l{e believe that approval of this request
would be a grant of special privilege and that tbe variance
would not be in comptiance with the Townrs Land Use PIan, as
stated above in section III of this meDo. we al.so feel that
approval of this request would set a dangerous precedent forfuture lot size variance regueste and therefore believe that
the request should not be approved.
Ktur- 4 -k- /'**( ryNl6^
/l' n;ry -+ fr, A ,c-"@44
, u/l . /tt'>' e<-
5-o
I
'ticll l
LIO.Ib RDGE
FILING lllO.4
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SUBDMSION
HITE RIVER
ATIONAL
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o
,June 8, 1990
Mr. Mike Mollica
Town of Vail
Department of Community Development75 S. Frontage Road WestVail, cO 8L657
Re: Shapiro parcel
Unplatted Lion's Ridge property
Dear Mike,
Per your request this letter wirl confirm the square footage areasindicated on the drawing submitted by Mr. shaprio for tfre aboveparcel- Based upon the information given on the Lion,s RidgeSubdivision Flrst Filing p1at, the total area of the parcel ot laidis 6-844 acres. Based upon a fierd topography of the parcel theportion of the parcel wlth ress than 40t srolle-is L.395 lcres. Thelargest contiguous portion of the lot under 40t slope is L.zg4acres(56365 sf).
Pleage call if I can answer any other questions.
r Sineerely,
-.\ r'\)\*>Ca\e@6\-J
Dan Corcoran, P.IJ. S.President
41 199 Highway 6 & 24, Eagle-Vail
Post Office Box 1230
Edwards, CO 81632
303-949-1406
MEMORANDUM
PRIVILEGED AND CONFIDENTIAL
T0: Planning and Envjronmental Commission
FROM: Larry Eskw'ith
DATE: June 7, 1990
SUBJECT: Shapiro Request for a Variance from the Minimum Lot Size
As indjcated in the memorandum from the Community Oevelopment Department, Abe
Shapiro is requesting a variance from the minimum lot sjze on a parcel of land he
owns which is 6.844 acres in size and is current'ly zoned agricultural open space.
The permitted uses in the agricultural open space zone district are:
A. Single family residential dwellings. '\
B. Plant and tree nurseries and raising of fie'l d, row, and tree crops.
C. Public parks, recreatjon areas, and open spaces.
In addition, the conditional uses set forth in the agricultural open space zone
distnict are:
A. Public and private schools and col|eges.
B. Churches, rectories, and related structures.
C. Private golf, tennis, swimming, and riding clubs, and hunting and fishing'lodges.
0. Semi-public and institutiona'l uses such as convents and religious
retreats.
E. Ski lifts and tows.
F. Cemeteri es.
G. Low power subscription radio facilities.
The minimum lot size for single family residentia1 dwellings in this zone district
is 35 acres. Mr. Shapiro in his variance request is ask'ing for the right to
construct two dwel 1ing units on his parce'l . The Community Development staff has
reconmended denial of thjs variance. The issue which presents itself is whether or
not the Planning Commission subjects the Town to legal ljabi'lityif they determine
not to grant ft'lr. Shapiro the right to construct any dwelling units on the property.
It is a well established legal pri nciple that existing zoning ordinances do not
constitute improper confiscations of property nerely because they restrict theability of landowners to realize greater profit from the use of their property.
Sellon v. City of Manitou Springs,745 P.2d (Colo. 1987); Landmark Land Company v.
Memorandum - Planning and Environmental Cormjssion
June 7, 1990
Page 2
PRIVILEGED AND CONFIDENTIAL
City and County of Denver,728 P.2d 1281 (Colo. 1986). Under such circumstances,
the courts have determined that the government authority has not taken the property,
but has merely created an obstacle to the possibility of obtaining windfallprofits. Moreover, the fact that the Plaintiff may have paid more than the land was
worth unden existing zoning in the hope of securing a zoning change is generally not
a factor to be considered in the Plaintiff's favori n analyzing any claim that a
governmenta'l body had taken the Plaintiff's land unconstitutional 1y. It is assumed
when a party agrees upon a purchase price for property that he assumed the property
was capable of being put to some economic use. Mr. Shapjro cannot a1 lege any
changed cjrcumstances or any new zoning action taken by the Planning Commission that
reduced the value of the property from what it was at the time he purchased it.
Under such circumstances, the zoning regulation has not effected a taking of the
property by denying all reasonable use thereof. '.$ny refusal by the Planning
Commission to grant a varjance to enhance the valtie of the property over what jt was
when it was purchased by Mr. Shapiro cannot be equated to conduct that reduced the
value thereof. Roosevelt v. Cr'ty of Eng ,492 P.2d 65 (1971); Majestic Heishts
Company v. Board of County Commissioners, 476 P-Zd 745 (1970).
A key legal question raised by the Shapiro vari ance request'is whether, and under
what circumstances, a property ownen may challenge a zoning regulation on the ground
that as applied to hjm it effects an unconstjtutional taking when the owner
purchased the property after the adoption of the challenged regulation. The
pertinent legal principle involved is often referred to by the courts as the
self-inflicted hardship doctrine. Courts in Co1 orado and other states have been
extremely reluctant to find an unconstitut'i onal taking when property has been
purchased wi th knowl edge of appl i cabl e zoni ng regul ati ons. Reasons offered i n
support of the doctrine of self-infljcted hardship'i nclude the concept that any harm
suffered js caused by the purchaser's conduct rather than the government's adoption
of the regu'lation; that the purchase price reflects the true va1 ue of the property
as zoned and any change would create a windfall profit to the owner, and the fact
that the owner's desire to obtain a variance or a rezoning should be viewed as
primanily if not completely reflecting a purely speculative interest; the owner took
a calculated risk at the time of purchase in the hope of increasing the value of the
investment. Nopro Co. v. fown of Cherry Hills VjllAge, 504 P.zd 344, (1972)
The Colorado courts view the purchase of property with knowledge of what the
existing zoning restrictions are as a hjghly significant fact weighing heavily
against the owner's efforts to change the zoning classification. However, the
courts do not consider self-inf'l icted hardship a complete bar against a'lawsuit
claiming an unconstitutional taking of the property. Should Mr. Shapiro bring such
a'lawsujt against the Town, a neviewing court would carefully consider whether or
not there is any reasonable economic use available for the property with the current
zoning in place, and in my opinion, such use does exist. The zone district allows
the property to be uti'l jzed for plant and tree nurseries and the raising of fie'l d,
row, and tree crops as a permitted use, and jt al'l ows certain other uses such as
private schools and col'l eges, churches, rectories, and related structures,
cemeteri es, and ski lifts and tows as condjt'i onal uses. Although the uses may not
be the uses that Mr. Shapiro wishes to make of the property, jt does not mean the
Memorandum - Planning and Environmental Commission PRIVILEEED AND C0NfIDIXIIAL
June 7, 1990
Page 3
Planning Commission has to grant the variance to allow for the development of
dwelfing units on the pnoperty.
I believe that there is some 1ega1 risk involved in follow'i ng the Conrmunity
Development staff's reconmendation jn this natter, and I suspect that the applicant
may very well sue the Town claiming an unconstitutional taking of the property
without compensation. In my opinion, however, the court would more likely than not
support any decision of the Town of Vail Planning Commission denying the variance.If jt is the decision of the P'l anning Commission not to grant the variance, it is' important to make the standard findings set forth jn the Community Development
memorandum for the denial of the variance and to emphas'ize as well the fact that
this js a case of se]f-infljcted hardship. The zoning which is presently on the
Shapiro property ex'isted at the t'ime Mr. Shapiro'purchased the property, and he
should have known what uses were available to him.] The fact that he wishes to have
the Plannjng Commission grant him the right to a variance from the minimum lot size
so he can utilize the property more profitably is not sufficjent reason for the
granting of the variance.
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PUBI,IC NOTICE
NoTICE IS IIEREBY GMN that the Planning and Environnental
Connission of the Town of vail will hold a public hearing in
accordance wlth Section 18.66.o60 of the municl-pal code of the
Town of Vail on;Iune 4, 1990 at ll-!lg-&-Bg ln the Town of Vail
l{unicipal Building. Consideration of:
1.A work session for a naJor subdivision' a request for a
varlance to the maximum height for retaining walls, and a
reguest for a variance to the naxinun percent grade for a
road, on a parcel connonly referred to as Spraddle Creek, an
approxinate 40 acre parcel located north and east of the
Uain Vail I-?0 interchange and east of the Spraddle CreekIivery. Connencing at the Northeast Corner of the Southeast
L/4 of the Southwest L/4 of Section 5, Township 5 South,
Range 80 west of the 6th Principal Meridian, being an Eagle
county Erass cap properly roarked and set, with all bearings
contained herein being relatlve to a bearing of s oo llr 00r
E between tbe Northeast Corner of said Southeast 1/4 of the
Southwest L/4, and the Southeast corner of said Southeast
L/4 of the Southwest t/4 being an Eagle County Brass cap
properly marked and set; said Northeast Corner of the
Southeast L/4 ot the Southweet L/4 being the Point of
beginning; thence s oo 11r OOrr E along the east line of said
Southeast L/4 of the Southwest L/4 of Section 5 a dlstance
of 1320.14 feet to the Southeast Corner the said Southeast
L/4 of the Southwest 1/4 of Section 5i thence S 89 47r 48rr w
along the south line of said Southeast L/4 of the Southwest
L/4 ot Section 5 a distance of 901.00 feet; thence N 73 481
32rr w along Interstate 70 Right of Way line a distance of
2I4.L2 feet; thence N 66 52' L2n w along said Right of Way
Iine a distance of 241.10 feet to a point on the west line
of said Southeast L/4 of the Southwest t/4 of Section 5;
thenqe N Oo 2Or 31r W along the west line of said Southeast
L/4 of the Southwest L/4 of Section 5 a distance of 1161-66
feet to the Northwest Corner of the Southeast 1rl4 of tbe
Southwest L/4 of Section 5 being an Eagle County brass cap
properly narked and eeti thence N 89 411 L2't E along the
north line of eaid Southeast L/4 of the Southwest 1,/4 of
Section 5 a distance of 1331.07 feet to the Point of
Beginning. said real property containing 39.55 acres, more
or less.Applicant: ceorge Gillett, ilr.
A request for an exterior alteration and a landscape
variance in order to construct an addition to the Bell Tower
Buildlng at 201 Gore Creek Drive, Part of Tract A, Block 58
Vait Village lst FilApplicant: Clark han / Bell Tower Associates, Ltd.
frrc*-Qre0 \. A\oN,N+ Occ''1\o^'\ <'"c\ tltC lto
2.
3.3.ffilE"il 13il".3':#;3: !1. "1.:"i:'tffi:l3lll"l3l'iii'
and a request for a variance fron the paving requirenent andthe landscaping requirenent at 149 N. Frontage Road, an
unplatted site conmonly referred to as the Mountain BeIIsite north of I-?0 and vest of the ltain Vail I-70
interchange.Applicant: ABC School .
A request for a condltional uee pernit to allow for a Bed
and Breakfast at lot 78, VaiI ViIIage loth Filing, 930 B
Fainray Drive.Applicant: Nancy l{. Rondeau
A request for a side and front Eetback variance in order to
construct a garage on Lot 7, Block 3, Vail Village 9thFill-ng, 898 Red Sandstone Circle.Applicant: PauI Testwuide
A request for a variance fron the uLnLmum lot size on a
parcel of land described as that unplatted plat of the
southeast L/4 of the southeaet L/4 of Sectl.on 1, Township 5
south, Range 81 weat, of the 6th Prl-ncipal Meridian, lying
northerly of the Lionrs Ridge Loop as shown of the recordedplat of the Lion's Ridge Subdivieion recorded JuIy 25, L969,in case 2, Drawer L, and Book 215, at page 649.Applicant: A. L. Shapiro & co., A Colorado Nominee General
Partnership.
An appeal of a decision of the zoning adninistrator,
pursuant to Section 18.66.030 of the zoning code, regarding
Sections La.26.O3O and 18.26.040 of the zoning code,specifically as it relates to Permitted and Conditional Uses
in tfre Sunbird Lodge, located in the counercial Core II zone
district, 675 Lionstread Place.Applicant: BiII Perklns, President of Channel 8.
A request to amend Section 18.12.030 of the Vail Municipal
Code to provide for Bed and Breakfast operations in the Tno
Fanily Residential(R) District.Appticant: Town of Vail
4.
5.
7.
8.
The applications and infomation
available for Public insPection
DepartDent office.
about the proposals are
ln the Conmunity Development
Eorrn of Vail
Conrnunity Development Department
Published in the Vail Trail on Mai 18, 1990.
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I. This Procedure ls requiredtrlll not be accepted until
Appl i cati on
PEC MEETING
APPLICATION FOR A VARIANCE
APPLICANT' S REPRESENTATIVE
for any proiect requesting a variance''
iii in?oi'taiion is submitted'
te
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Da
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The applicatlon
A. NAI'IE OF APPLICANT EL,
.
ADDRESS
6fl
B.
,L
IFff
u ynoncsll!f,72
NAME OF
ADDRESS
PHONE
OFc.NAME
s
ADDRESS
0WNER(S) (type or prjnt)
utuo;o,
PHONE
D.LOCATION
f,DDRESSI
YOUR PROPOSAL.
ELOCK FILING
of owners of a'll property
BEHIND AND ACROSS STREETS,
BE RESPONSIBLE FOR CORRECT
E.
DEPARTM I,IILL ACCEPT
adjacent to the subiect pt':oPerty
and their mai'ling addresses.
MAILING ADDRESSES.
gF :RoposAL. a*ad
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LEGAL DESCRIPTION LOT
O tat qd^!- ltu,l *ofrr' q,"t";^"lrnnuif ';fr ,-.f Ft,r,s>"4.@W4ffi
FEE $1oo PNDH:h4H cK #+/o,r' FRotL.FEE $1oo vmoryVlJ* cx t_4/of,-FR0t4Ji&
THE FEE MUST BE PAID SEFORE THE COMMUNITY OEVELOPMENT
F. A list of the names
INCLUDING PROPERTY
THE APPLICANI I.ILLL
11u-aft*{a*t)
II. A PRE.APPLICATION CONFERENCE }IiTH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO.}DETERMINE IF ANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION I,IILL 8E
ACCEPTED UNLESS IT IS COHPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING
ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE AN APPOINTI'IENT
I.JITH THE STAFF TO FiND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION I,IILL STREA}'ILINE THE APPROVAL PROCESS FOR
YOUR PROJECT BY DECREASING THE NUI'IBER OF CONDITIONS OF APPROVAL THAT THE PLANNING.AND ENVIRONMENTAL COMMISSION MY STIPULATE. ALL CONOITIONS OF APPROVAL MUST 8E
COMPLIED t.lITH BEFORE A BUILDING PERJ'IiT IS ISS!m" ' ,
III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED:
. A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE' REGULATiON INVOLVED. THE STATEI'IENT MUST ALSO AODRESS:
l. The relationship of the requested variance to'other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or litera'l interpretation and
enforcement-of a-specified regulation is-necessary to achieve compatibilitv
and unifonnity 9t treatment among sites in the vi-cinity or to attain'lh;'-. objecti,res of this title without grant of special privilege.
OVER
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3. The effect of the var{ance o1 'llght an{-1i1, dlstributlon of-populatlon'
til"iiirlition,"i"iiiii raci t t ti Es, uti I ities, and publ i c safetv'
B^ A toposraphlc and/or lmprovement survey at a scale of_at least l': - ?o' stampede' 'uv-i'i6iolioJ iiclns.d iurveyor lncluding_locations of all existing.lmprove-
itnisl-inlirotni-iiioes-iira Llevations. -0ther elements which must be shown.
lre-pirting and'l6ading areas, lngress. and egress, landscpped areas and
utility and dralnage features.
C. A site p]an at a scale of at'least l" o 20' showing existing and proposed
buildings.
D. All preliminary building elevations and_floor plans -sufficient to indicate
1f,e li*ensions-, general-appearance, scale and use of all buildings and spaces
existing and ProPosed on the site.
A pre]iminary title report to verify ownership and easements
If the proposal 'ls located in a mu'tti-family deVelopment.which has a homeowners
issoctalio'n, then written approval from the associatlon in.support.of.the
proje'ii r"li be received by i auty authorized agent for said associati6n.
O v.rion..-2)
e. mv additional material necessary for the review of the app'llcation as
deiermined by the zoning administrator'.
* For lnterior modifications, an improvement survey and site plan may be
waived by the zoning adrninistrator. i
E.
F.
IV.Time Requi rments
The Planning and Environmental-Commission meets
;f'.;;il il;in. n complete app'lication form and
iit-a.t."iued above) inust be submitted.a minimum
iia ;;bii;-hearing.' No incomplete apPlications
liiliiiriiitor) wiil be accepted bv the plannins
nated submittal date.
on the 2nd and 4th MondaYsall accompanying material
of 4 weeks Prior to the date of
(as determined bY the zoningitaff before or ifter the desig-
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April 24, L990
Ms. Kristen PrltzDirector of Departnent
Tovn of ValI
75 South Frontage RoadVaiI, CO 81557
Rr[,0APR20i9g0
of Connunlty Development
Ilest
Re: Shapiro Lionts Ridge parcel
Dear Kristen,
The slope analyals drawlng Mr. Abe shaplro is subnitting for hislot size variance on the above projelt is based on a fieldtopographie survey of the slte preformed by this office. Aflnlshed lnk dravlng vas not done at thls time to ninimlze Mr.shapiro ts expenditures untit he has a better idea of thedirection he needs to take to proceed vith thts proJect.
Pl.ease call ne if f can ansver any questions you may have.
S incere ly,
=__-Eagte Valley Surveying, Inc.
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Dan Corcoran, P.L.S.President
41 199 Highway 6 & 24, Eagle-Vail
Posl Office Box .1230
Edwards, CO 81632
303-949-1406
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luwn
?5 south ftontago ?oad
Yrll, colorado 81657
(303) 479-2107
oftlco of tovrn sttomey
March 20, 1990
Mr. Abraham L. Shapiro
P. 0. Box 1448
Vai1, Colorado 81658
RE: Unp'l atted Vacant Land
Li onsri dge Fi I i ng No. 1
Dear Abe:
It appears from your letter that you were given incorrect informat'ion fron
Arlene Montag. Indeed, Mrs. Montag was correct in indicating to you that
the land was dedicated to the County of Eagle at the time the Lionsridge
Subdivision was platted. However, the annexation map of 1975, and
0rdinance No. 26, were both proper'ly recorded on the land records of Eagle
County. Further, the annexation procedure which was fol'l owed regarding
the Lionsridge Subdivision was proper and that'l and is clearly a part of
the Town of Vail. The roadway dedication you are concerned with which wasinitially made to the County on the p'l at map is now considered by 1aw to
be a dedicated roadway of the Town of Vail. The Town of Vail has the
right by State statute to vacate that roadway, but upon vacation, each
side of the roadway beginning with the center line would transfer by
operation of law to the adjacent property owners.
If you have any questions regarding
law relating to street abandonment,
of the Town of Vai I or the
Very truly yo
the ac.ti ons
pl ease \cal I
LAE/bsc
Town Attorney
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75 routtr lrot*rga tord
rjl, cdon& 81657
(303) aD213E
(303) ar$2139
February 19, 1990
dce of ommunlly dcuoloprcnt
Mr. Abe shapiro
P.O. Box 1448Vail, Colorado 81658
RE: Unplatted vacant Land Lionsridge Filing #1
Dear Abe:
The following is a sumnary of the Town of Vailrs responses to
your guestions listed in your letter dated January 22, L99o.
L. Is this Lionsridge Loop roadway land owned by tbe Town
of Vail?
our Tohrn Engineer, Greg Hall, states that you will need to have a
title report completed on the rlght of way, presunably owned by
the Town of Vail, in order to make a final deternination of
whether the town owns the land or not.
2. Is this roadway an abandoned roadway with no future
plans for it to be developed as a roadway?
3. rf answers to #1 and #2 (above) are affirnative and if
I satisfy all the town reguirements for a single fanily
residence with a caretaker unit, would the town
consider selling the roadway land to ne?
selling the property to you nust be a decision for the Town
Council to nake. Should the Council decide to seIl the property,
atl. the utilities should be contacted. Your driveway to a
possible residence will need to neet town standards. ff your
project has nore than one residence, saY a nultifarniJ-y
development (this would require rezoning), the driveway would
need to neet private road standards according to the Town
Engineer. crLg nall also states that the driveway/roadway design
will need to neet approved engineering standards for retaining
wall.s and slope stability.
I also talked to Peter Patten about your requeEt. He explained
to ne that he had talked to you on the phone around January 3
_iu""i th- proJect. Be reque-sted a sunt-e1t showing topography and -ii""" ot ebt itope. He aI-Eo requested that you indicate the road
i"V""t-i"a recetie a letter frorl ttre Forest Senrlce documenting
ici"rr rights before proceeding to the Council on the purchase.
In discussing the agriculturaL open space zoning with LalrY-skwith, rosi atioiiey, lt appeais ttrlt in order to develop this
unpfattia parcel you i6ufA nLLe to neet the ninimum 1ot or site
aria for tLe agriiultural open Bpace zone as well as buildable
area. fhis se|tion of the Lode ltates ln 18.32.050, Lot Area and
site Dirnensions, rrthe mininun lot or slte area shall be 35 acres
with a minimun of x acre of buildable area per dwelling unitrr.__
ei"." ttris zoning iequlrenent, my understanding iE that you -willnot have the acr6age'to neet ihe-nininurn lot slze. The land use
lian afso indicatei this area as open apace. Giverrthese factors'
it appears that you do not have, at present, a developable lot'
you may always reguest to rezone a parcel ,-hgy"t"T I belleve site
size, iana u3e deiignation, steep slopes of the site, and-concern
aUout. the feasibili€y of designinq a ioad to ?cc9is the site are
all issues that ao n-ot rnake this sl-te very suitable for a
rezoning.
I am sorry that this letter could not be sent to you earller.
in:.- p"r"3f t" unusual and I felt that it was important to
discuis your request with Larry Eslnrith, Peter Patten and Greg
ffall. fi you hive any further guestions please feel free to call
rne at 47g-2L38. Thank you for your patience'
Sincerely,.ll \^lUh"^VA4
T\ll) \u\l\ lJ I \l)
Kiistan PritY
Senior Planner
KP,/pp
cc: Larry Eslnrlth, Town Attorney
Greq Hall, Town Engineer
ltike MollLca, Planner II
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utrrted States
Department of
1",,
Servic e
Enclosed please find a
scoping for your road
copy of
accesa.
survey required . I o
ed to deecribe the location eaaement in theDeed. The survey ehoul.d also e of euch accuracy Eo Desien the road fron an eng ineer I have encloged a g
the cone truct ion apec 1t I-cat I.oDs re De 1Dco
road des a congtruct eement .
For your informat ion the following generally describes thig road easementprocesa aloog with geoeral t ime frs.mee to accompLieh each taek:
road atrd
TASK
Prior to Issualce of Bage',ent
and beg inning of construction:
1. Conplete envi.ronmental scop ing.
4:';f o'%rc
", *"o,". Dietric,
Nat ional P.O. Box 190Agriculture Forest llinturn. Coloredo 81645
RepLy to: 2720-3
Date: Jan. 18, 1989
Mr. Ab raham Shapiro
1785 Sunburgt Drive
P.O. Box 1448
Vail, C0 S1658
Dear Abe:
the public scoping letter and nap we ueed during
Witb regapds to r ouest ion about the eo
TIME FRAUE
Will be completed on Jan. 22.
2. 4cnplete applicatior repo!t. llrite Draft
environmental aegegsment report and
Decigion Notice/Finding of No significant rmpact,(EA/DN/FONSI). Aeaune no controvirsial iesues raisedduriog acopiag proceaa. Goal is to conplete EA by 20-30 daysFeb. 28, 1990.
3. Seqal application and EA/DN/FONSI to Foresr
Supervisors office for review.20 daye
F8.020o.28(7.82)@
Crrlng tor thc L.nd and S.rylne Paopla
,f@\'w
I 4. Applicant couplete centerline survey and provide
deacription to Forest Service for inc!.usion in
Eas eueut Deed .
5. Do cultural reaource survey of site onceeite is free of auon.
6. Send revieed/final EA/DN/FONSI and Easement Deedto Regional office in Denver. Get Regional approval.
7. Igsue Eagement Deed to applicant.
After Issuance of Baso''eut Deed:
At app l ic anr s
discretiou.
I day
30-40 days
5 days
8. Prepare draft construction stipulations in coordiuationwith applicant and send to S0/East Z<;ne Engineering
Group for reveiw. 2O daya
9. Iseue approved Construction StipuLation document. 5 daye
10. Pernittee eubmite consttuction plane for reveiw
by Forest Service. At pernitteea
d isc ret ion.
ll. Review conatruction plans and design. 15 daya
12. Pernittee begin congtruction and Foreet Servicemouitor for conpliaoce with coneEruction stipulation
agreement.
I do not recomend
20 days
expend an e aDouuts of funde witb r ards to
eaaement app I ic at until tentat ive roval for our DroDosa I rece
e s. rntS et ermiDat
should be nade after their review of the draft Env nmetrta Beg gmeDt
rePort. i Note t rameg are est tes sub iec t depeudingworkloade in other reaource areas on the Holy. Crose .
Clrlng lot tho Llnd lnd Serylng Peopla
to change
Dis tric t .
FS.6200-28(7.82)
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- The Towa of Vail stil1 hae a platted road adjacent to your property and thetact that it i8 not built ie a Eatter for discueeion betweETlorrrr-ll-EFT6iil.If it i"
After a preliuinary review of your application I offer the following
conlttleatg:
Our analysig of whether or uot the only reasonable access to your property is
across the National Forest will take into account the following factors:
oD. so as to avo e pos8l.bIllty ot two roads be acetrt to
- We will need to investigate the possibility of you gaining access to your
property coming from the $est aDd south across private land.
- Any issues raised during the public scoping process.
Aa euming the Eagement Deeil is issued, nith regarde to the feee, you vi11 bebilled annually and the 1990 fee will be baeed on a charge of. 922.67 per acreof easenent area. The minimrm annual fee ie preeently $45.00. Should you have
any questions concerning the above infornation please contact Rick Jewell of nystaff. I thank you in advance for your patience during this process.
Sincerely,
il,"wa
DisErict Renger
cc: Bob Lawton, SO
A.Yamada, Eaet Zone
Crrlng for lh. Lend rnd Sefilng P.opla
F8.020o.2817.82)
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F;le C,rlY
SHAPIRO DRIVEWAY
VAIL, COLORADO
FINAL DRAINAGE REPORT
March 8, 1991
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Engineering Consutlants
953 So. Frontage Rd. Wesi, Suite 202
Vail, Colorado 81657
303/476-6340
March 8, L991
Kent Rose, P.E.Project l,tanager
cc: 427-001
Doc. No. 056-009
Mr. Abe ShapiroP.O. Box 1448VaiI, Colorado 81658
RE3 SHAPIRO DRIVEWAY - FINAL DRAINAGE REPoRT
RBD JOB. NO. 427-OO1
Dear lilr. Shapiro:
we are preased to suburit to you the- forlowing report for handlingdrainage along your driveway in Vail, colorado. '
This report outlines the drainage criteria and the proposedapproach to the design of the storrn drainage improvements to yourproperty' . -a_pp_rgpriate erosion control measrlres, -as includea in' tnereport, wilr lini_t the transport of soil frorn newly forrned filislopes. The finat constructi-on plans show in detail- trre rocaiionof .the proposed storm drainagd system, and tenporary erosioncontrol measures.
w-e _\ave . appreciated the opportunity to work with you on thischallenging project.
Sincerely,
RBD, Inc.
Other Offices: Fort Collins, Colorado 303/226-4955 . Colorado Springs, Colorado 7191574-ffi4
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SHAPIRO DRIVEWAY
FINAL DRAINAGE REPORT
The shapiro property is a proposed residentiaL site located northof rnterstate 70 and irnrnediatery adjacent to the Lionrs Ridgesubdivision. More specificalty, ttre ploperty is rocated in the 5nI/4 SE 1/4 Section 1, Township 5 South, Range 8l_ West of the 5thP.M. The site consists of nountainous terrain sloping south at
1bo9t 50' percent. The site is covered with native grasses,deciduous trees, brush, and rock out croppings. The drainagedesign nras done in accordance with the storm- drlinage criteria inthe Town of Vail Municipal Code, Section L7.28.330.K.
This residentiar site is proposed for deveropment. Due to therocation of the developable lite with reference to potato patch
R'-oadr_ a driveway of approxinatery L65o feet in length is proposed.The driveway is shown on the drainage plan in tne appenaixl Thedriveway is proposed to consist of a L2 foot width of isphatt withan asphart curb and gutter. Additionally, two passeng-r vehiclepassing areas are proposed because the driveway ii interided for oneway traffic. The vail Fire Departnent has arso requested a firetruck turn around at the end of the driveway. with the addition ofthe ne\ir drivelray, the natural drainage patterns through theproperty wirr be lnterrupted. The drainai. .i"" intercepted by the
lroposed driveway is L2.6 acres. rn the location of the proposeddriveway, the existing ground slope varies from 2:L to L:l-. tirnbercrib retaining warrs are proposed along both sides of the drivewayfor approximatety 1350 feet. See appendix page 2 for a typicaidriveway section.
Berow the shapiro property and within the Lion's Ridge subdivision,lies Red sandstone creek. The shapiro property historicalty d.rainsto Red sandstone creek. with deveropnent of the driveway, oncestorn water runoff reaches any portion of the driveway, the stormwater wilr be redirected to folrow the course of the driveway. Thedriveway will have a consistent cross slope, sloping inio thehillside. This cross srope will direct flows away frtm iilt sropesof the retaining wall on the downhi]l edge of the drivewayenbankrnent. An asphatt curb and gutter section is proposed on theuphill side of the driveway.
The SCS Method was used for the hydrological analysis. Theanalysis employed the SCS computer program TR 55, using the l-O andL00 year storm frequency return periods. The rainfall amount wastaken from the Town of VaiI Municipal Code. The time ofconcentration was determined by the average slope and travelvelocities for sharlow concentrated overland flow and roadwaygutter flow. From the TR 55 output included in the Appendix, theLOO year storn water runoff intercepted by the driveway isapproxinately 5 cfs and the 10 year storm water and snowmelt flowis approxinately 1.8 cfs.
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storm water intercepted by the shapiro driveway is to be conveyeddown the driveway to a curb opening near potato patcn Road. rlorntbe curb opening, drainage flows are proposed to sheet frow downthe driveway embanknent and be corrected-in a grass swale. Fronthe_grass swale, drainage flows will be directed to a ripraprundown into Red sandstone creek. From page 16 of the Appenaix;figure 5-5 shows that a 48 foot curb opening in the ariv6way i!reguired at Red sandstone creek to remove ioo* of the drai-nagewaters fron the driveway during a loo year storn event and a iefoot opening to remove toot of the l-o yeir storrnflows. Because thel-o year storm flows wirl be spread over an area 29 foot wide whenleaving the driveway, a 28 foot wide section of the embankrnentshould be riprapped for erosion protection. Refer to theconstruction drawings on the shapiro -driveway for more detairs ofthe curb openingr/rundown into Red Sandstone Creek.
None of the. proposed improvements wilr effect the imperviouscharacteristics of the Red sandstone creek watershed. No leparateanarysis was performed to upgrade any downstream storm sewersystems which convey Red sandstone creek flows. The proposeddriveway inprovements wilr incorporate provisions to - controlsediment transport to Red sandstone creek. buring the constructionphase, erosion contror hay bales wilr be instalred below firtsropes to control runoff and sediment from roadway fill areas whichdo not contain retaining walls. with the reseeding andrevegatating-of the driveway fill areas, sediroent transport witt uecontrolled within a couple of growing seasons.
This final drainage report has outlined the proposed approach tohandle the storm water runoff intercepted by construction of theshapiro driveway. The outrined nethoas wirr l-irnit transport ofsediment to Red sandstone creek. The final construction plans showthe location of the driveway, curb and gutter, ltrass swale, ripraprundowns, retaining wallsr-and erosion controi tray bares. itri-soutrined approaclr will provide for the safe conveyance of stortnwater runoff intercepted by the Shapiro driv-eway and thetransportation of the runoff to Red Sandstone Creek.
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Flgure 8. VelocItles for uplard nethod of eettDatlng Tg
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I Quick TR-55 Version: 5.44 S/N: L3154OOOl-3 paqe t_r '*-uu,;33uff 3l3i:iiltlt"f'"oo(24 hr. Duration Storm)
I Executed: O2-2O-LggL LO.2a..2GWatershed file: --> A:SHAPfRO2.WSD
I Hydrograph file: --> A:sHApIRo .HyD
T ]-O YEAR STORM WATER RUNOFF COLLECTED
ON THE SHAPTRO DRIVEWAY TN VAIL COLORADO
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I >>>> fnput pararneters Used to Compute Hydrograph <<<<
8ln
f ^-::l-?I:?_ AREA cN rc ,r rt precip. I Runoff ra/pl3::::tT:::__--_-i1::::L_ iT:l___1y:l___g:L__l___g:l__:::::{!:::
A 12.60 71.O O.2O O.OO L.8o I o.L9 .45 .5Ot--------' l *' Travel tirne from subarea outfall to composite watershed outfall point.Total area = L2.6O acres or 0.01969 sq.rnipeak discharge = l_ cfs
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>>>> Computer Modifications of Input parameters <<<<<
I subarea til:* uit;;= *";:u"u Y"+I"" r.t"li(i"t.a ra/p! Description (hr) (hr) (hr) (hr) (yeslNo) Messages
A 0. L7 0. O0 0.20 O. OO No
* Travel tine from subarea outfall to composite watershed outfall point.
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I Quick TR-55 Version: 5.44 s/N: 1315400013 page 2
I TR-55 TABUI,AR HYDROGRAPH METHODType II Distribution
I Q4 }rr. Duration storn)
Executed: O2-2O-L99L 1O:28:26
I Watershed file: --> A:SHAPIRO2.WSD
I Hydrograph file: --> A:SHAPfRO .HyD
I L0 YEAR STORM WATER RUNOFF COLLECTED
I ON THE SHAPTRO DRMr{Ay rN VAIL COT,oRADO
>>>> Surnmary of Subarea Tirnes to peak <<<<
Peak Discharge at Tirne to peak atConposite Outfall Cornposite out,fallSubarea(cfs)(hrs)
A1 L2.2
oltu
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TR-55 TABUI,AR HYDROGRAPH METHODType Ir Distrj_bution(24 }:r. Duration Storn)
Executed: OZ-2O-L99L LOt28.26Watershed fiLe: --> A:SHAPIRO2.WSDHydrograph file: --> A:SHAPIRo .HyD
Page 3
10 YEAR STORI,I WATER RUNOFF COLLECTED
ON THE SHAPIRO DRTVEWAY IN VAIL COIORADO
Composite Hydrograph Surnrnary (cfs)
rea
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A
SubascriDe
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1l_. o l_1_. 3hr hr l_L.6 1l_.9 12.0hr hr hr T2.L
hr L2.2
hr 12.3 L2.4hr hr
Jotar
(cfs)
SubareaDescription L2.5hr L2.6hr L2.7hr 12.8hr 13.0hr L3.2
hr l_3 .4hr r-3.6 13.8hr hr
f"."t
(cfs)
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Description 14. 0hr 14.3
hr 14.6
hr l_5. o
hr L5.5
hr
L6. 0
hr
16. 5
hr 17.0 L7 .5hr hr
otal (cfs)
Subarea
Description 18.0hr 1_9. 0hr 20. 0
hr 22.O 26.Ohr hr
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14. 9
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L5.3
15. 4
15. s
L5. 6
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L6.4
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L7.4
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L7.7
L7.8
L7 .9
18. 0
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L8. 3
1.8.4
TR.55 TABULAR HYDROGRAPH METHODType fI Distribution(24 hr. Duration Storm)
Executed: 02-20-L99L LO229226Watershed file: --> A:SHAPfRO2.WSDHydrograph file: --> A:SHAPIRO .HyD
].0 YEAR STORM WATER RUNOFF COLLECTED
ON THE SHAPIRO DRIVEWAY IN VAIL COLORADO
Tine
(hrs)FIow
(cfs)Tirne
(hrs)
Flow
(cfs)
Quick TR-55 Version: 5.44 S/N: 1315400013 page 1 elo
r '*-uu'133"1i" 3l3i::ftlt"f'"oo(24 hr. Duration Storrn)
I Executed: Ol-25-199L O9.L2.23Watershed file: --> B:SHAPIRO .I{SD
I Hydrograph file: --> B:SHAPTRO .HyD
r r-oo YEAR sroRM wATER RUNoFF coLLEcrED
ON THE SHAPIRO DRIVEWAY IN VAIL COLORADO
I
I >>>> Input parameters Used to Compute Hydrograph <<<<
Subarea AREA cN Tc ,r Tt precip. I Runoff ;.a/p
3::::lt:l:l______ (acres) (hrs) (hrs) (in)' i ai;t inpuiTiiseaA -;;:;;----;;:;----;:;;----;:;;----;:;;---i---;:;;---:;;- -:;;-a________ _______::::___t___::________r"I * Travel time from subarea outfall to composite watershed outfall point.Total area = L2.60 acres or 0.01969 sq.mi
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peak discharge : 6 cfs
>>>> conputer Modifications of Input pararneters <<<<<
r subarea tl:"t uit$;= *"$:u* Y-+t"= r't.li(i.t"a ra/p! Description (hr) (hr) (hr) (hr) (yeslNo) Messages
A 0.17 0.00 o.2o o.oo No
* Travel time from subarea outfall to composite watershed outfall point.
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Quick TR-ss Version: 5.44 S/N: 131_5400013
t3f 8Page 2
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TR-55 TABUI,AR HYDROGRAPH METHODType II Distribution(24 hr. Duration Stonn)
Executed: 0L-25-L991 09?,L2.23Watershed file: --> B:SHAPIRO .WSDHydrograph file: --> B:SHAPIRO .HyD
]-OO YEAR STORM WATER RUNOFF COLLECTED
ON THE SHAPIRO DRIVEWAY IN VAIL COI,ORADO
>>>> Summary of Subarea Times to peak <<<<
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Subarea (cfs)
A6II Courposite Watershed 6
Peak Discharge at Tirne to peak atComposite OutfalL Composite Outfall
(hrs)
L2.2
12.2
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TR-55 TABUI,AR HYDROGRAPH METHODType II Distribution
(24 }rr. Duration Storrn)
Executed: 0L-25-L99L 09.3,2223Watershed file: --> B:SHAPIRO .WSDHydrograph file: --> B:SHAPIRO .HyD
l-00 YEAR STORI.{ WATER RUNOFF CoLLECTED
ON THE SHAPIRO DRIVEWAY IN VAIL COLORADO
I Composite Hydrograph Sumnary (cfs)f--------subarea 1l-.0 L1.3 l-l-.6 1-l-.9 L2.O ]-2.L L2.2 'J,2.3 r2.4
- Description hr hr hr hr hr hr hr hr hrI
rA000025642
Jotar
(cfs)
r--------- subarea L2.5 J.2.6 L2.7 ).2.9 l-3.0 13.2 13.4 l-3.G l-3.gDescription hr hr hr hr hr hr hr hr hrI
1A2LL111LL1
lcotal
(cf s)
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Description L4.0
hr L4.3
hr l_4. 6
hr 15. 0
hr
r.5. 5hr L6. 0
hr
i_6. 5
hr
17.o r7.5hr hr
otal (cfs)f
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Subarea
Description l_8. 0
hr
1 9.0hr 20.ohr 22.O 26.Ohr hr
otal (cfs)
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LL.2
Lt-. 3
l-l_. 4
11. 5
11. 6
1L.7
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1r_.9
l_2. 0
t_2. L
12.2
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TR-55 TABUIJ\R HYDROGRAPH METHODType II Distribution
(24 }:r. Duration Stonn)
Executed: 01-25-199L Og.tZr23Watershed file: --> B:SHAPIRO .WSDHydrograph file: --> B:SHAPIRO .HyD
].OO YEAR STORM WATER RUNOFF COLLECTED
ON THE SHAPIRO DRIVEWAY IN VATL COLORADO
Tine
(hrs)Flow
(cfs)Tine
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REFERENCE: CARL |ZZARD, FLOOD HAZARO NEWS, UD ANO,FCD. JUNE tg7t
q-12 DESIGN CRITERIAMAY 1984
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DRAINAGE CRITERIA MANUAL RIPRAP
Use Ho insleod of H whenever culverl hos supercriticol flow in the borrel.
rk*Use Type L for o dislonce of 3H downstreom.
FIGURE 5-8. RIPRAP EROSION PROTECTION AT RECTANGULAR
CONDUIT OUTLET.
lt-15 -82
UREAN DFAINAGE 8 FLooD CONTROL DTSTRICT
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DRAINAGE CRITERIA MANUAL RIPRAP
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TAILWATER DEPTH / CONDUIT HEIGHT-Yt/H
FIGURE 5-IO. EXPANSION FACTOR FOR RECTANGULAR CONDUITS
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UREAN DRAINAGE A FLOOD CONTROL DISTRICT
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Engineering Consultants
953 So. Frontage Rd. W€st, Suite 201
Vail, Colorado 81657
303/476.6340
September 28, 1990
Mr. creg HaIl
Town Eng i neer
Town of Vail
?5 S. Frontage Road WestVail, CO 81657
REI SHAPIRO DRIVEWAY DESIGN
Dear Greq:
Enclosed is a copy of the revised alignment for the above-referenced driveway. There were a number of concerns you hadraised and these revisions and crarificatlons attempt to answerthose concerns.
1. Explain how the drainage down potato patch Drive witr behandled at the driveway intersection.
The proposed driveway centerl-ine has been shifted to thewest to a11ow- the drainage to remain in its presentconfiguration. No fill from the driveway construction wiltencroach into the rocklined swaIe.
2. show how the dri.veway wirl cross Red sandstone creek and dis-cuss the need to extend the existing culverts.
The driverray grade is at an average of 10 percent from topto bottom. The grade for the firit 210 feit is ?.52 percenland the remaining 1390 feet is at l-0.3G percent. This allowsa firl of approximately r? feet over the creek cur.verts tobe contained on the existing width now avaitable on a 2:1side slope with no requirement to extend the curverts orbuild headwalls. This is shown on the drawing in the 2+10cross section. If a grade of 10 percent was to be appliedfor the ful1 length, firl in that area would increase 6y "p-proximately 4 feet, necessitating culvert extensions, ieai-walls or steepening of sidesl0pes . 1-r",,lh r{' crt.nr, .'n)r, d.-r1 l;t(
3. rf a twelve foot wide driveway is to be considered, show atypical cross section of the driv-way and pullouts where cars can
Other OJfices: Fort Collins, Colorado 303/226-4955 . Colorado Springs, Colorado 719/598.4107 . Longmont, Colorado 303/678-9584
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pass and lndlcate wal1 heights.
A twelve foot wlde driveway is belng considered with pul-louts at the third points, or at stations 5+50 and 10+50.The intent ls to be able to see from one pullout to theother, so the final location and number is subject tochange. The width of the drlveway at the pullouts is to be18 feet centered on the drlve. Length wlll accomodate onecar wlth tapers ln and out. Helght of cut and fill walls lsapproxlmately 4 feet for the fuIl length of the driveway andup to six feet at the pullout locations. These conditionsare lndicated on the drawing ln cross sectlons 5+50 and
13+00.
This should address the concerns you had. If you have any addi-tional questlons, please contact rne. A copy of my original letteris enclosecl for reference.
Very truly yours,
RBD, INC.
<_*1r({?*Kent R. Rose, P.E.ProJect Manager
copy: Abe Shaplro
Dan CorcoranKrlstan PrLtz
enc
August 6, 1990
Mr. Greg HaLI
Town Eng i neer
TOI{N OF VAIL
?5 S. Frontage Road WestVai1, CO 81557
RE: SHAPIRO DRIVEI{AY DESIGN
Dear Greg:
Enclosed is a copy of a proposed dr iveway alignment that would
serve the proposed Shapiro Residence on an unplatted parcel above
Lions Ridge Loop, Lionsridge Subdivision, Filing No. l-.
Drlveway grade is a constant 10 percent. The cross section would
be 12 feet of asphalt sloping at 2 percent into a 6-inch asphalt
curb on the cut side and a 2-foot shoulder on the fill side. Cut
and fill walls of approximately 4 to 5 feet would be necessary
for most of the length of the driveway due to sideslope. Due to
the length of the drivevay and the desire to keep disturbance to
a minimum, pullouts would be constructed at intervals within view
of each other so that cars could pass on the rare occasion that
they might meet on the driveway. Slopes to natural grades would
be at two to one.
on behalf of my client, Mr. Abe
driveway with a 10 percent grade
I am sending you this preliminary
comment.
Thank you for your consideration
Very truly yours,
RBD, INC.
Kent R. Rose, P.EProject Manager
cc: Abe Shapiro
Dan Corcoran
Shapiro. and because a Privaterequires Town Engineer aPProval,
alignment for your review and
lle await your response.
HOLY PfiOSS }trC-I-RIC ASSCDIATION, I NC.,to, "t"t,*^" ,rf In o nn'rwrin zrin I ,ror) e4s.s4el
cLENwooD spnt i_--,.,.'c< >t.o ttn I)o 81602 r.Axr94s.4o8l
Septeruber 25, l99O
Mr. Abe Shapiro
t. l. Shapiro & conpanyP. O. Box L44BVai1, Colorado 81658
RE: Tract in the SW L/4, Section 1,Township 5 South, Range 8l_ west - Electric Service
Dear Mr. Shapiro:
In reference to your letter of september Ll, 1990, Ho]y CrossElectric has exilting_undeiq;;";; facilities tocated on thesoutherry side of sandstone-ori.r". These facirities haveadequate,capacity to_provid" "i""tri" por.i-i;-il; above
lil:1"""u tracr,-subjlcr to tne-[iirir!,"ru;; ;;i resurations on
During tbe reconstruction of sandstone Drive in r-989, B & BExcavating made reference to thJ i""cirii[i""-"r-[ro four inchPVC conduits to be utirized for future uory cross Erectric roadcrossings. These conduits were installed iear the westerr.ycorner of lot A-2. If Holy Cross Electric c.n iina theseconduits in satisfactory clnaition, they can be utilized toextend our three-phase prinary electric to your site uponconpletion of anpiopriale "ontru"tr-,ar agreements. should saidconduits not be iouira, ", ;;;-;;ind inadeguate, the Town of vailwill reguire us to bore una"rneiih sandstone Drive in order tocross the road.
We do not see a problem at this point in providing you withelectrical servi-ce. in tne-spri"g-or Lggr, subject to theaforementioned contractuaf iqie5nents.
should you
Sincerely,
HOLY CROSS
Ted Huskey,
Engineering
?H: rjn
have any questions, please call rne at 949_5892.
ssocrATION, rNC.
Service Supervisor
ELECTRIC A
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cc: HCEA, vail office
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JBE L SHAPTRO
P. OSX t*VA|L COLORADO 8t657
PHOilE: (309) 476-s577
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COLORADO ALPINES INC.
4L246HWY6&24
BOX 27@g
AVON, COLORADO AL62O
949-6464
June 26, 1991
SHAPIRO RESIDENCE
DRIVE}IAY REVEGETATION PLAN
To reduce the visual impact of gradLng and road cuta Bndto malntaln the natlve landecape, a comprehenslve plan of
Iandecape conservation le proposed in conJunctlon stth. the ner Shapiro resldence. Thle plan ehall J-ncludeutlllzetLon of exleting rock featureg aa much a€tpoeelble, aE vell as exteneJ.ve regevegatlon.
The revegetatlon program ehall conalat of traneplantingof exJ-eting rnaterlale (lncluding shruba, vlldflovers Endnative grasees ), reseedlng wl-th elmllar grsrsea andwlldflowera, and uslng an excelglor eroslon control maton all elopes of two-to-one or greater.
1. The transplanting nrethod lnvolvee beglnnlng theexcevatlon proceae late enough J.n the aeaaon to allos foreucceesfuJ- traneplantlng of the exJ-etJ.ng materlale. Thierl-II lnvolve removlng the top two feet of aol-l J-ncJ-udJ-ngthe vegetatlon End transplantlng lt through an eroeJ-oncontroJ. net along the upper and lover edgea of the cutbehLnd the current vork er€!a. Thie wl.lt be watered aeneceaE'Bry.
2. The graee seed mlx ehall contaln 60Z durar hardfeaque, \@% dver.f Canada Blue graee, 1@Z perennial ryea d, L@Z etreambank nheat graar.
3. Wildfloner eeed from the el-te rl-II be collected l.naddltlon to other Eultable epeclea avallable on acommercJ.al baeie snd eorn ln approprlate aresEr
4. 8tr tubl{ngs of Sage (Artemlela tridentetGr var.yyom1ngeneJ.a), Servlceberry (Amelenchler alnlfolia),Cl-l.ff Roee (Covan1e mexl-cans ) and other nstlve ehruberJ.ll be ueed J-f neceEaary to fl-ll ln revegltated arese.
5. In the aprlng an lrrlgatlon ayatem nill be inetelledto cover dlsturbed 6reas.
6. The natural rock formetlone vill be utillzedrherever poesible as retalnlng ralla and lendacapefeaturee. Any excavated stone wlll be utlllzed J.nretaining salle where necessary. The retaJ.nJ.ng nallawlll be conatructed so aa to compllment the naiural
RttT JUN 2 ?1991
rock formationa. Every effort will be msde to insure
unneceaBary ecarJ.ng of the stone and the exlstlnglandacape during excavatlon.
7. The goal, Ie to cut the drlvevay and revegetate thedleturbed areaa elo aa leave them looking as nstural aepoeel.bJ.e and to achieve maximum recovery aB eloon sslpoeslble.
It is my profeesJ.ona.l op3-nJ.on that the deeLred reeultecan be Eohleved wlth the proper inltial and eubeequentattentlon and effort. Thle earne treatment (as
recommended for the drlvevay ehouldere) can be appliedto the excavated area neceEeery for the utlllty dl,tch.
tfhen completed, there should be very tlttle vlelbleevidence of dleturbance other than the drlveway iteelf.The natural ehelf rock formatione, aE sell ee theboulder and rock walle, vllL blend very compatlbly rlththe exletlng mountalnalde.
Th1.e method has proven eucceeeful in the paet in aglml-Iar sJ-tuatlon ln Slngletree. (A eite vieLt can bearranged Bt your convenience if go deslred. SlLdee arealeo aval-].able. )
Martln JoneEfr/rffi
Hortj-cu]-t rr(tt Con.u ltent
Colorado AlpJ.nee, Inc.
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National P.0. Box 190
Ag.iculture Forest Minturn. Colorado 81645
Reply to: 2720-3
Date! Jan. 18, !989
Mr. Abrahau Shapiro
1785 Sunburst DriveP.0. Bor 1448
Vail, C0 8f658
uBrted States
DepartDetrt of
Dear Abe:
EncLoged please
scoping for your
the public scoping letter andfind
roacl
a copy of
acce88.
tllaP ne
about
uE ed duriug
rhd eof
the construct ion I ations w ne wrII tequl"re be o rDoratadda conatruct on st].pulatiou agreeEe!.t.
For your informat ion the following generally describes this road easementprocesa along witb general t ime frames to accoEplish each taak:
TIME FRAME
WiLl be conpleted oa Jan. 22.
requ ired I rth
f
to describe the locat ion
Deed .urve s
the road from
TASK
Prior to Igsuance of Easeme[t
and beginn iag of construction:
1. Complete envj.ronmental scop ing.
2. Conplete epplicat io:
environmental as s essmentDecision Noc ic e/Find iug(EA/DN/FoNsr). Assume ooduring scoping process.
Feb. 28, 1990.
of the new road and easement in the Eas n
also be o such detail and accur to be
I{ith regards to r quest ion
nt
eer staodooint. I e encloeed a
to
1e of
report. Write Draft
rePort audof No Significant Impact,
controvers ial iEsuee raie ed
Goal is to conplere EA by 20-30 days
2O daye
3. Send application and EA/DN/FONSI to ForesrSupervisors office for review.
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Carlng io? lho Land rnd S.rrlne Paopla
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- tbe Tor*n of Vail etill has a platted road adjacent to your property and the
.rf it .Ls
After a preliminary review
co@eDtS:
of your applicatiou I offer tbe folloning
Our analyais of lrhetber or not the ouly reasonable access to your property is
across the lilat ional Forest will take into account the following factora:
- Toa{-
aa Eo avo PO8I tY of tlro roade be acent to
ate .
- lle sill ueed to inveetigate the possibility of you gaining acceso to your
property coming from the liest aDd south across private land.
- Any iesues raised during the public scoping procesa.
As suming the Easement Deed is issued, with regards to the feee, you will bebilled annually and the 1990 fee will be based on a charge of 922.67 per acreof eaaement area. The ninimrn annuat fee is presently $45.00. Should you have
aoy qubstions concerning the above infornation please contact Rick Jewell of uyetaff. I thank you in advanc e for your patience during thie process.
Siacerely,
d{*/o
District Ranger
cc: Bob Larrton, S0
A.Yamada, Eaet Zoue
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Engineedng Consultants
953 So. Frontage Rd. West, Suite 201
Vail. Colorado 81657
303/476.6340
6, 1990
Mr. Greg HaII
Town Eng i nee r
TOWN OF VAII
?5 S. Frontage Road WestVai1, CO 81557
RE: SHAPIRO DRIVET{AY DESIGN
Dear Greg:
Enclosed is a copy of a proposed driveway alignment that wouldserve the proposed Shapiro Residence on an unplatted parcel aboveLions Ridge Loop, Lionsridge Subdivision, Filing No. 1.
Dr iveway grade is a constant 10 percent. The cross section wouldbe 12 feet of asphalt sloping at 2 percent into a 5-inch asphaltcurb on the cut side and a 2-foot shoulder on the fill side. Cutand fill wa1ls of approximately 4 to G feet woutd be necessaryfor most of the length of the driveway due to sideslope. Due tothe length of the driveway and the desire to keep disturbance toa minimum, pullouts would be constructed at intervals within viewof each other so that cars could pass on the rare occasion thatthey might meet on the driveway. Slopes to natural grades wouldbe at two to one.
On behalf of my client, Mr. Abe Shapiro, and because a privatedriveway with a 10 percent grade reguires To\dn Engineer approval,r am sendling you this preliminary alignment for your review and
comment.
Thank you for your consideration We await your response
Very truly yours,
RBD, INC.
',Kt VKent R. Rose, PProject Manager
cc: Abe Shapiro
Dan Corcoran
Other Oflices: Fort Collins, Colorado 303/226-4955 . Colorado Springs, Colorado 719/598-4107 . Longmonl, Colorado 303678-9584