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HomeMy WebLinkAbout2001-10-02 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 2, 2001 2:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. SITE VISIT: Mountain Bell Site. (30 min.) 2. Mountain Bell rezoning and land use plan amendment discussion. Allison Ochs (20 min.) 3. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 25, Series of 2001, an ordinance amending the Vail Town Code, Title 14, Development Standards Handbook, Section 10, Design Review Standards and Guidelines, D. Building Materials and Design, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 25, Series of 2001, on first reading. BACKGROUND RATIONALE: On September 10, 2001, the Town of Vail Planning & Environmental Commission voted unanimously to recommend approval of the proposed text amendments to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated September 10, 2001, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 25, Series of 2001, on first reading. 4. Continuation of Y2002 Budget Discussion. (30 min.) Bob McLaurin Steve Thompson 5. Winter Use of Bike Paths in Lionshead and Cascade Village Brian McCartney Area. (30 min.) Bill Jensen 6. Information Update (5 min.) 7. Council Reports (5 min.) 8. Other (5 min.) 9. Executive Session - Litigation C.R.S. 24-6-402(4)(b). (30 min.) 10. Adjournment. (4:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, OCTOBER 9, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, OCTOBER 16, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, OCTOBER 16, 2001, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. i COUNCIL FOLLOW-UP FTOPIC QUESTIONS FOLLOWUP 2001 6/26/01 VRD PARKING SPACES AT FORD COUNCIL: Agreement was reached for Council to PARK observe and review these signed spaces for a possible Piet Pieters continued allowance of not moving them to the east lot. (Kevin/Rod: Piet said they are requesting this because it is very difficult to monitor the spaces, as is, and if they're in the east lot, staff will not be able to see them.) 6/26/01 BLACK GORE BRIDGE GREG H.: Coordinate w/Pam Hopkins on a suitable Diana Donovan light design that is in accordance w/approved safety guidelines. 7-24-01 BIGHORN MOTEL (formerly) EAST DAVID RHOADES: Another one for "the list"!" This David Rhoades will locate this property and report back to Council. VAIL property is owned by the Sonnenalp for employee Council/Susan Pollock housing. Complaints were made re: trash, weed problems, and it is looking generally unsightly and unkempt. 7-24-01 4957 JUNIPER LANE, WEST HALF DAVID RHOADES: The list and the letter: Exterior of Matter referred to Gary Goodell to review for Building Code violations. the building is a mess, including deteriorating facia, siding, holes in the deck surrounding the hot tub. Owner: Hugh Ferdows, SCIC, INC., 801 Corporate Avenue, Lamar, CO 81052. 8/14/01 CONTRACT WNRD RE: THE ICE BOB: Include "free days" for Council use in contract. DOME Diana Donovan 8/21/01 ADDITIONAL HOUSING NINA: Ask Housing Authority whether it would be AUTHORITY TASK willing to explore development of a mixed-use project Greg Moffet along the south side of the Village parking structure. 9/4/01 GROSS SALES VS. TAXABLE STEVE: Please attach latest back up. SALES F:lmasterlbsaiterlagendalfollowup110-02-01 du October 2, 2001 - Page 1 COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOWUP 2001 Greg Moffet 9/11/01 INCREASE IN COUNCIL BENEFITS JP: Please do a survey of recent comparable council Sybill Navas compensation (s), to include the cost of providing health benefits. Schedule a work session agenda item no later than October 2"d, to allow first and second reading of an amending ordinance should Council wish to proceed prior to the November 6th regular municipal election. 9/11/01 POTATO PATCH HOMEOWNER'S ALLEN: Do we have any recourse in seeking a more DUES just and equitably reflective dues assessment for our Council unit at Potato Patch? 9/11/01 CONSULTANT TO REVIEW TCI BOB: Hire consultant. AGREEMENT Council F:\mGaster\bsalter\agenda\followup\I 0-02-01 du October 2, 2001 - Page 2 Memorandum To: Vail Town Council From: Vail Local Housing Authority Jim Mulligan, Esquire Date: October 2, 2001 Subject: Land Lease and Deed Restriction proposed for the site known as Mtn Bell Attached to the memorandum is an executive summary of the proposed Land Lease and Deed Restriction for the Mountain Bell housing site. At this point in time, it is an internal draft and has not been given to the developer for their acceptance and/or negotiation. This is being provided to Council to keep everyone up to date on the process. Both the Land Lease and the Deed Restriction are consistent with other Master Deed Restrictions and Land Leases that the Town of Vail has used in the past. If Council has further questions or would like more information an Executive Session can be scheduled for the next meeting agenda that allows. Fairfield and Woods, PRA/ Memo CONFIDEN"AlL To: Vail Housing Authority Board and Staff From: James M. Mulligan Date: 09/28/01 Re. Executive Summary -Mountain Bell Site: Land Lease and Deed Restriction Following up our September 11, 2001 memorandum summarizing the Development Agreement ("Agreement") regarding the affordable housing project as described in said Agreement ("Project"), please allow this memorandum to summarize the initial DRAFT of the Land Lease (Lease') and the Deed Restriction ("Restrictions") as required and anticipated under the Agreement. THESE DOCUMENTS ARE NOT FINAL, BUT ARE AT INTERNAL DRAFT STAGE ONLY AT THIS THE AND, UPON FINALIZATION AFTER REVIEW BY THE VLHA BOARD, WILL BE FORWARDED TO THE DEVELOPER FOR THEIR ACCEPTANCE AND/OR NEGOTIATION. LAND LEASE. Parties: The Land lessor is the town of Vail ("TOV") by and through VLHA as its special agent; The Land Lessee is Coughlin & Company, the Developer under the Agreement. Date: The expected effective date and the commencement date of the Lease will be November 1, 2001 Property: The portion of the Mountain Bell site that is approved for replatting for the Project. Overview: The Land Lease is intended to allow the Developer to have a leasehold estate in the Property upon which it will develop, construct, own (leasehold estate), operate and maintain the Project as approved through the normal entitlement process by TOV . The Lease is being done to allow the Project to go forward, while retaining: (a) ownership of the fee during the term, (b) a reversion right in TOV at the expiration of the Lease, and (c) certain control rights regarding the Project's compliance with the TOV goals as expressed in the RFP for the Project. The Lease also provides for certain base and additional rent provisions that will allow VLHA to cover costs and potentially achieve added revenues should the Project achieve a high degree of revenue success, within its affordability mandate. 0 Page 1 Basic Terms: Term. The Lease term is in two phases, consisting of a "Construction Phase" that allows for the pre-occupancy construction of the Project, plus an Operations Phase that anticipates a 50 year occupancy term. There are early termination and early buy-out provisions that allow VLHA to terminate the Lease if the Project has not closed its Project Financing by October 31, 2003 (subject to possible cost reimbursement provisions), and early buy-out provisions in years 30 and 45 in the event that VLHA desires to buy-out the lease for any reason, although the buy-out prices are high. Net Lease. The Lease is an absolute net lease, meaning that the rent to VLHA is net of all costs regarding the Property or Project, including all taxes, maintenance, capital expenses, management, etc., which costs are borne by the lessee. Rent. Rent includes: (a) base rent of one dollar per year, (b) additional rent consisting of a $250,000 application and monitoring fee, a development rights fee of .5% of Project operating revenues, a Sharing Formula rent potential, and any other revenues and payments pursuant to the Agreement, the Lease or the Restrictions. Assianment. Limited right for Developer to assign to affiliate in which it has an interest and for which it is in management control. Propertv Manaaement. The Property Manager affiliate of the Developer will manage the Project during the Operations Phase of the Lease pursuant to a contract approved by VLHA, for specified fees and under arrangements that allow monitoring for compliance and remedies for default. Deed Restrictions. The Lessee must comply with the Restrictions. "Shelf" Condominium. Subject to certain restrictions, VLHA has the authority to file for record condominium documents that would allow for LATER sale of units within the Project to Qualified Buyers if and as appropriate to its purposes following the reversion of the project to VLHA. Child Education Center. As required under the Agreement, Developer must demolish the exiting center and replace it with a new one that meets certain specifications and within certain cost parameters. That center will then be sub-leased to TOV for one dollar per year, and TOV is allowed to further sub-lease the center during the term of the Lease. Taxes. Developer responsible for all such taxes, real or personal property in character. Maintenance and Charaes. Developer responsible for all maintenance and charges on the Property and the Project. Construction and Alteration. Construction shall be pursuant to the Project Program approved by VLHA. Alterations shall be as approved by VLHA. Mechanics Liens & Insurance. Developer responsible top pay liens and indemnify VLHA and TOV, and responsible to acquire and maintain certain insurance levels. ExecSumm* Page 2 Default & Remedies. All of the VLHA remedies in the Agreement are incorporated in the Lease, as applicable, and certain added rights regarding damages for not paying rent or otherwise performing duties under lease, including right to receive assignment of Lease under certain circumstances. Covenants & Restrictions. Developer: (a) cannot master-lease or sell the Project; (b) cannot make financial commitments to encumber Project unless specifically allowed under the Agreement; and (c) must comply with Agreement. Reports and Records. Developer must submit timely reports during each phase of the project and the Lease, and the records shall be reasonably confidential. Subordination. The fee title of TOV(VLHA) to the Property shall not be subordinate or made subject or in any manner junior to any financing. The Improvements shall only be allowed to be subject to the Project Financing, unless otherwise approved by VLHA. The remainder of the Lease terms are standard in the industry and generally consistent with the form of Lease that was used from other TOV lease projects (e.g.; Vail Commons). DEED RESTRICTION. Bindina Document. The Restrictions are to be recorded against the Project and shall be binding upon all Units and occupants thereof, in addition to the Developer and its assigns. Qualified Residents. The draft focuses on the place of employment of the resident, with a cascading priority for: (a) the town of Vail; (b) Vail Valley; and (c) Eagle County and that the Unit is the primary residence of the occupant. There is no focus on income qualification or rent restrictions except as required by the Project Financing, although thought is being given to add these provisions either in the Restrictions or by way of reference to Vail Guidelines as passed from time to time regarding the Project. The latter is being discussed for addition in order to conform to the Agreement and the RFP. Restrictions. Added restrictions include: (a) no business activity; (b) no discrimination; and (c) Vacancy must go to Qualified Residents. Unit Lease Approval. VLHA has review and approval rights as to the form of lease agreement that is used in the Project. Developer can terminate Unit lease for violation. Inspection and Remedies. VLHA has inspection rights to check for violations, and remedies at law and in equity for any violations by Developer or unit resident, including attorney fees and costs. The remainder of the provisions are standard in industry and consistent with other Master Deed Restriction provisions used in TOV's prior forms. ExecSummo Page 3 MEMORANDUM TO: Vail Town Council FROM: Bill Gibson, Department of Community Development DATE: October 2, 2001 SUBJECT: Ordinance No. 25, Series of 2001 Ordinance No. 25, Series of 2001 amends the text of Vail Town Code, Title 14 Development Standards Handbook, Section 10 Design Review Standards and Guidelines, D. Building Materials and Design, regarding the use of building materials within the Town of Vail. The purpose of these proposed text amendments to the Development Standards Handbook is to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to incorporate existing unwritten Design Review Board policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire. codes, and to allow the Development Standards to be adaptive to changing building material technologies. At its September 10, 2001 meeting, the Planning and Environmental Commission reviewed the proposed text amendments identified in the September 10, 2001 staff memorandum to the Planning and Environmental Commission. A copy of the staff memorandum has been attached for reference. The Planning and Environmental Commission recommended one modification to the proposed text of paragraph 1: The proposed text "...The exterior use of simulated stone or brick shall not be permitted..." should be modified to read as "...The exterior use of simulated stone or simulated brick shall not be permitted..." Also at its September 10, 2001 meeting, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council of the proposed text amendments to Title 14 with the modification to paragraph 1 by a vote of 4-0. Although the Design Review Board has no official review authority of code amendments, at its September 19, 2001 meeting the Design Review Board unanimously approved a motion to recommend approval of the proposed Ordinance No. 25, Series of 2001. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development DATE: September 10, 2001 SUBJECT: A request for a final review and recommendation to the Vail Town Council on proposed text amendments to Title 14 ("Development Standards") regarding the use of building materials within the Town of Vail. Applicant: Town of Vail Planner: Bill Gibson 1. DESCRIPTION OF THE REOUEST This is a request for a final review and recommendation to the Vail Town Council on proposed text amendments to Title 14 ("Development Standards") regarding the use of building materials within the Town of Vail. This text amendment initiative is a result of several worksession discussions with the Vail Town Council, Planning and Environmental Commission, Design Review Board, and Town staff regarding the Town's Development Standards for the use of building materials within the Town of Vail. On June 19, 2001 the Town Council directed the Community Development Department to prepare a memorandum to the Planning and Environmental Commission outlining a recommendation for text amendments to the Development Standards. The purpose of these proposed text amendments to the Development Standards is to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to incorporate existing unwritten Design Review Board policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies. Please note that a copy of the existing Development Standards regarding the use of building materials within the Town of Vail has been attached for reference. II. ROLES OF THE REVIEWING BOARDS Plannine and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. ~i TOWN OF PAIL Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the appll*cant as to compliance with the Zoning and Subdivision Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Design Review Board: Action: The DRB has NO review authority on code amendments. III. RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Town Code to the Vail Town Council, subject to the following findings: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. 3. That the proposed amendments are necessary to ensure the health, safety and welfare of the citizens of Vail. 4. That the proposed amendments will make the Town's development review process less problematic and more "user friendly." IV. DESCRIPTIONS OF AMENDMENTS (Text to be deleted has been stfiblen. Text to be added has been italicized.) TITLE 14 ("Development Standards"), Section 10 ("Design Review Standards and Guidelines"), D. ("Building Materials and Design") 4. Euildi*g .mat r inan4y nc~ural-au as weed sidwb, deed- was, and aa4iye steno. Br-iek is aee2ptablo Where st„uee :s »tilize'a, s r°"+„"°s anw 3J aee features r1 wear-:E zii:'zate et 3-,r:F: --,hall t? . oiled C r-e c sur Gees shall be tfe4e with texw e x -Eel3r if used, hewever-, expesed aatz :S mei-e ae eptc!-,l e '3&5 ?axv eenScet£. T~T°cztrrl'ror 3tezl, a plESrissiding, nor- si. ialeAe stone,.1..:A: shall be pz _-FAi-tted. PlyWea-d siding -3'.:al_l E e! be per tel: -2- 1. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or brick shall not be permitted. The exterior use of aluminum, steel, plastic, or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail.. F. n E&f 3uFfae* 3UF ae: r ata.-i&.,3 sh " - 3:.W.ti +iiL - wifi+~Zz a --d z-dFFetffWilY-ildiiigs. PHo ^ of weed shakes and o+ t r-aeA + L.1^ however. i :iis' o .;11 fneta! :C34% an ate; 3areased they zkc'., -:r.` ith a !c-Ni-g1o-3s fish 3F Sap?blef zF : g ta-a-du'_ll f5nislk. Het sska!" gauge. 3l:z»' inv ^ a fib e er^,, a_»36 S~ h.; - „de that they-weigh r^; less n n-r_S~zS E3a„. i.Er in+ ~@Y}:cv4ffee htmd ed (300"ate o r-eefifig-sq-aar3 feet and are of a design and EE!c-F :~-EEi33Ya:3~e with the r o u"+n ^f t4l is rVicet.,gn 6. The use of wood shake, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built- up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low-gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including but not limited to a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of rolled roofing shall not be permitted. The use of any roofing material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. -3- Town of Vail Development Standards Handbook flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half ('/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth ('/4) the minimum required dimension into a required distance between buildings. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than one-half /2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth ('/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 4. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). 5. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth ('/jo) the area of the wall surface from which it projects or extends. 6. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). I D. Building Materials and Design: 1. Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and color if used, however, exposed aggregate is more acceptable than raw concrete. Neither aluminum, steel, nor plastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. 26 Town of Vail Development Standards Handbook ' Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be anodized, painted or capable of weathering so as to be non-reflective. 4, The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 6. Roof surfacing materials shall be compatible with the site and surrounding buildings. The use of wood shakes and metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal roofs are used they shall be surfaced with a low-gloss finish or capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall be permitted provided that they weigh no less than three hundred (300) pounds per roofing square foot and are of a design and color to be compatible with the requirements of this Section. 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the Zoning Code. 8. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an existing building with active solar, the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. 14 11. In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. 27 L ORDINANCE NO. 25 SERIES OF 2001 AN ORDINANCE AMENDING THE VAIL TOWN CODE, TITLE 14 DEVELOPMENT STANDARDS HANDBOOK, SECTION 10 DESIGN REVIEW STANDARDS AND GUIDELINES, D. BUILDING MATERIALS AND DESIGN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its September 10, 2001, meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent and compatible with existing and potential uses within the Town of Vail and generally in keeping with the character of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments will make the Town's development review process less problematic and more "user friendly"; and WHEREAS, the Vail Town Council finds that the proposed amendments are necessary to ensure the public health, safety, and welfare of the citizens of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the Town Code to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to codify existing unwritten Design Review Board policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies. -1- Section 2. Title 14 Development Standards Handbook, Section 10 Design Review Standards and Guidelines, D. Building Materials and Design, is hereby amended as follows: (Text that is to be deleted is °t". Text that is to be added is italicized.) 4. °~:ildingFnateFIa!r- chic I "9-pFed3-Iiraril,--ra+6,- cl SUGh as weed siding, d shakes aad rc; e-stan3. Ed* is asssptcbl9. Whera clueGc is Wilized, gr=E: textumc and su4aGe feat c tall appaar-4c Wt^te etheF Fn te6ds shall '~fascc chill 4'9 tFe ted with text urn an e accaptable than raw in6:m, stair!, na r astia sidingg,-nee ulated sr brisk-shall b&-p3rrnittad. Ryweed siding chc!-ne#-be-permitted: 1. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or simulated brick shall not be permitted. The exterior use of aluminum, steel, plastic, or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality, and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. S. Rscf .S Ur to nn 6uFfaGe Fn teFeals °"ix!l be ser: paVb!&-with th„ site and suFFeunding buildings. The uc344-weed &akas aRd FnEtal r ae#s;6 acecpta"I , +nstanae will metal permitted. if Fnetal Feefs aFe used they shall 3 cu taEed w th s 13w -gloss finish. ar capabl 13~ Vletaf-tee`s chall geRera'lhave-a-sanding-seam i*R E)r-der43 I~ a an"3 a k gauge. -Acpl:alt and #berg,-a3 shingl33 sl;tall .,i"e.r. itt "'at they eigh nn les t~aa. n V-ee #uadFed (390) paUn,-',3 r %,W reefing EC; and a. -s and-ssler-to be 6gnpalibla-with th re giments-of :his Sestian 6. The use of wood shake, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built-up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low-gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including but not limited to a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of rolled roofing shall not be permitted. The use of any roofing material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality, and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. -2- INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of October, 2001 and a public hearing for second reading of this Ordinance set for the 16th day of October, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk -3- r MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 24, 2001 SUBJECT: A request for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from "Open Space" to "High Density Residential", and a request for a rezoning from "Natural Area Preservation District" to "Housing Zone District" to allow for the development of employee housing at the site known as Mountain Bell, located on an unplatted piece of property at 160 North Frontage Road. A complete metes and bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Housing Authority, represented by Odell Architects Planner: Allison Ochs 1. DESCRIPTION OF THE REQUESTS The Town of Vail Housing Authority, represented by Odell Architects, is in the process of developing employee housing at the Mountain Bell site. The first step in this process includes the following actions: 1. A major subdivision, to allow for the platting of the site known as Mountain Bell. The subdivision will be known as "Middle Creek Subdivision," and will consist of Lot 1 (the housing site, known as Middle Creek Village), Lot 2 (the Mountain Bell tower site), and Tract A (the open space parcel). This is discussed in Section V of this memorandum. Reductions of the preliminary plat are attached in Appendix A. 2. A Land Use Plan amendment, to change the land use designation from "Open Space" to "High Density Residential"of Lot 1, Middle Creek Subdivision. This is discussed in Section VI of this memorandum. (Refer to Appendix B). 3. A rezoning, to rezone Lot 1, Middle Creek Subdvision, from "Natural Area Preservation District" to "Housing Zone District". This is discussed in Section VII of this memorandum. (Refer to Appendix C). II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY The Mountain Bell site was annexed into the Town of Vail by Ordinance No. 8, Series of 1969. In 1974, as part of an agreement with Vail Associates, Inc., regarding bus service, the property was deeded to the Town of Vail. A portion of the site is owned by Qwest and is the site of the Mountain Bell tower. In addition, ABC and Learning Tree are located on the site. The remainder of the site is currently open space. A title report has been attached in Appendix D. 1 TOWN OF VAIL M III. ROLES OF THE REVIEWING BOARDS A. MAJOR SUBDIVISON Plannina and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a major subdivision. The PEC shall review the proposal and make a recommendation to the Town Council on the compatibility of the subdivision with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Desian Review Board: Action: The DRB has NO review authority on major subdivisions.. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. B. LAND USE PLAN AMENDMENT Plannina and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Desian Review Board: Action: The DRB has NO review authority on Land Use Plan amendments. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 2 M Town Council: Action: The Town Council is responsible for final approval/denial of a Vail Land Use Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. C. REZONING REQUEST Plannina and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Desian Review Board: Action: The DRB has NO review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of a zoning/rezoning. IV. STAFF RECOMMENDATION A. MAJOR SUBDIVISION The Community Development Department recommends that the Planning and Environmental Commission approve the preliminary plat for Middle Creek Subdivsion located at a Part of the S1/2 of the SE1/4 Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, based upon the criteria evaluated in Section V of this memorandum. The recommendation of approval includes the following findings: 1. That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 3 M 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. In addition to the findings above, staff recommends the following conditions: 1. At any time within one year after the Planning and Environmental Commission has completed its review of the preliminary plat, the applicant shall submit a final plat to the Department of Community Development for review by the Planning and Environmental Commission. 2. The final plat shall not be filed with the Office of the Clerk and Recorder of Eagle County, Colorado until such date that the Planning and Environmental Commission has approved a development plan for Lot 1, Middle Creek Subdivision. B. LAND USE PLAN AMENDMENT The Department of Community Development recommends the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Vail Land Use Plan, based upon the criteria for evaluation listed in Section VI of this memorandum and the following findings: 1. The proposed plan amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's development objectives. 2. That the proposed amendment is compatible with and suitable to adjacent uses and appropriate for the area. 3. That the proposed amendment is in the best interest of the public health, welfare and safety. In addition to the findings above, staff recommends the following condition: 1. That the Land Use Plan amendment shall take effect on such date that the final plat for Middle Creek Subdivision has been filed with the Office of the Clerk and Recorder of Eagle County, Colorado. C. REZONING REQUEST The Department of Community Development recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed rezoning, based upon the criteria for evaluation listed in Section VII of this memorandum and the following findings: 4 1. The proposed rezoning is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's development objectives. 2. That the proposed rezoning is compatible with and suitable to adjacent uses and appropriate for the area. 3. That the proposed rezoning is in the best interest of the public health, welfare and safety. In addition to the findings above, staff recommends the following condition: 1. That the Land Use Plan amendment shall take effect on such date that the final plat for Middle Creek Subdivision has been approved and filed with the Office of the Clerk and Recorder of Eagle County, Colorado. V. MAJOR SUBDIVISION A. GENERAL OVERVIEW OF A MAJOR SUBDIVISION Title 13, Subdivision Regulations, of the Town of Vail Municipal Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 13-3 (Major Subdivision) of the Town Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary plans are available for review: a. Department of Public Works. b. Town Fire Department. C. Town Police Department. d. Public Service Company of Colorado. e. Holy Cross Electric Association. f. U.S. West g. Cablevision company serving the area. h. National Forest Service. i. Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. 1. Other interested agencies when applicable. All of the above agencies have been notified. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public 5 hearing shall be in accordance with Section 12-3-6 of the Town Code. The r applicant's appearance before the Planning and Environmental Commission today shall serve to meet the public hearing and presentation requirement. The burden of proof that the application is in compliance with the intent and purposes of the Zoning Code and other pertinent regulations shall lie upon the applicant. In reviewing the preliminary plan, the Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmental Integrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics of the Town and surrounding land uses. The Planning and Environmental Commission shall have twenty-one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision on the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Town Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. If the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final step in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Commission has taken action on the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 13-3-4 of the Subdivision Regulations. The Town of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning administrator, Planning and Environmental Commission, or Council: 1. Paved streets and parking lots; 6 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic control signs, signals or devices; 4. Street lights; 5. Landscaping; 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers; 9. Bridges and culverts; 10. Electric lines; 11. Telephone lines; 12. Natural gas lines; 13. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION Section 13-3 of the Town of Vail Code provides the criteria by which a proposed major subdivision is to be reviewed. Section 13-3-4: Commission Review of Application; Critera states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. 1. Subdivision Control There are three lots being platted as part of this major subdivision request: Lot Zoninq Lot Size Buildable Area Frontage Lot 1 Housing 6.673 ac. 4.573 ac. 1145.75 ft. (proposed) 290,676 sq. ft. 199,200 sq. ft. Lot 2 General Use 1.096 ac. Not applicable Via 40 ft. 47,742 sq. ft. easement Tract A Natural Area 17.226 ac. Not applicable 1545.02 ft. Preservation 750,365 sq. ft. Lot 1, Middle Creek Subdivision: Lot 1 is proposed to be zoned to the Housing Zone District. According to Section 12-61-10: Other Development Standards: 7 r Prescribed By Planning and Environmental Commission: In the H ` District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). Therefore, the Planning and Environmental Commission shall prescribe the minimum lot size and frontage requirements. Staff believes that the lot size of 290,675.9 sq. ft. and the frontage of 1145.75 ft. are appropriate in this subdivision. Lot 2, Middle Creek Subdivision Lot 2 will remain zoned General Use. According to Section 12-9C-5: Development Standards: Prescribed By Planning And Environmental Commission: In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Therefore, the Planning and Environmental Commission shall prescribe the minimum lot size and frontage requirements. Staff believes that the lot size of 47,741.8 sq. ft. is appropriate for this subdivision. The frontage proposed for Lot 2 is via the existing platted access easement, which is 40 ft. Generally, the minimum frontage requirement within the Town of Vail varies from 30 ft. (residential zone districts) to 100 ft. (higher intensity commercial zone districts). Staff believes that given the current access and use of the site, the 40 ft. access easement provides acceptable access to the site. Therefore, staff believes that no frontage is acceptable for this subdivision. Tract A, Middle Creek Subdivision Tract A will remain zoned Natural Area Preservation District. There are no minimum lot size or frontage requirements in the Natural Area Preservation District. Staff believes that the configuration of Tract A is appropriate for this subdivision. 8 2. Densities Proaosed The density proposed for the entire 25 acre site is 192 dwelling units. This is approximately 7.68 dwelling units per acre. However, the development will be clustered on the 6.7 acre housing site. This will keep development out of the 40% slopes as required by the Chapter 12-21 of the Town Code. Lot 1, Middle Creek Subdivision Lot 1 is proposed to be zoned Housing Zone District, with a land use designation of High Density Residential. The density allowed in the Housing zone district is prescribed by the Planning and Environmental Commission. The applicant is currently proposing 192 dwelling units on Lot 1. This is approximately 42 dwelling units per buildable acre and 29.7 dwelling units per gross acre. For comparison, the density allowed in Lionshead Mixed Use 1 is 35 dwelling units per acre. The land use designation of High Density Residential states that density in this designation would exceed 15 units per buildable acre. Staff believes that this density is appropriate for this subdivision. Lot 2, Middle Creek Subdivision Lot 2 is zoned General Use, with a land designation of Public/Semi- Public. No dwelling units are proposed on Lot 2. The only allowable dwelling units in the General Use Zone District are Type 111 employee housing units. Tract A, Middle Creek Subdivision Tract A is zoned Natural Area Preservation District, with a land use designation of Open Space. No dwelling units are permitted in the Natural Area Preservation District. 3. Reaulations Lot 1, Middle Creek Subdivision Lot 1 is proposed to be zoned to the Housing Zone District. For a discussion of the rezoning, please refer to Section VII of this memorandum. The Housing Zone District regulations have been attached in Appendix E for reference. The Housing Zone District requires an approved development plan in conjunction with development on the site. The rezoning is contingent on the Planning and Environmental Commission's approval of the development plan. Lot 2, Middle Creek Subdivision Lot 2 will remain zoned General Use. The existing use of the property will continue. Any changes require an amendment to the approved development plan, subject to approval by the Planning and Environmental 9 N Commission. The General Use Zone District regulations have been attached in Appendix F for reference. Tract A, Middle Creek Subdivision Tract A will remain zoned Natural Area Preservation District. The Natural Area Preservation District regulations have been attached in Appendix G for reference. 4. Ordinances, resolutions and other applicable documents In reviewing this proposal, staff relied upon the Town Code and the Vail Land Use Plan. The issues relating to the Town Code have been addressed previously. The Vail Land Use Plan contains goals which staff considers to be applicable to the major subdivision request. The applicable goals include: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 10 5.3 Affordable employee housing should be made available through Y private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. The Vail Land Use Plan identifies this neighborhood as Medium Density Residential. According to the Land Use Plan: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. 5. Environmental Intearitv According to the Town of Vail hazard maps, Middle Creek Subdivision is located within a Medium Severity Rockfall hazard and Moderate Hazard Debris Flow. A site-specific study has been completed by R.J. Irish, dated August 16, 2001, and is attached in Appendix H. The consulting engineering geologists acknowledges that the risk of debris flow from the Middle Creek Valley to be high during the lifetime of the project, with a volume described as "small to quite large." The report indicates that the entire site is located within a high hazard debris flow area. The report also suggests that the risk could be minimized by mitigation measures. The report also acknowledges that the risk of rockfall is medium during the lifetime of the project. Mitigation recommended by the report includes dislodging exposed boulders by hand prior to construction. It further states that any boulders would likely be trapped in the channel of the creek. The hazard reports have been included for reference. Staff continues to have concerns regarding the hazards on the site. The study indicantes that the entire site is located within a high debris flow area. Staff believes that prior to the final platting of the site, the mitigation of this debris flow should be further examined. Mitigation measures will be reviewed with the final platting of the site. As required by Chapter 12-21 of the Town Code, no development will be permitted on slopes greater than 40%. The lots have been configured to minimize the 40% slopes on Lot 1. An Environmental Impact Report has been completed by Stewart Environmental Consultants, Inc., and has been attached in Appendix I for reference. The report stated that while the proposed development of Lot 1 will have an impact on plant and animal communities presently inhabiting the property, the loss of the 6.5 acres does not represent a significant impact to plant and animal communities. The report recommends that all trash dumpsters need to be made bear-proof and exterior lighting will need to be minimized. The report additionally states that the impact to Middle Creek could include runoff from paved parking areas. A drainage study has also been included. 11 A wetlands assessment is currently being performed and will be submitted prior ` to final platting of the site. The drainage report has been completed by Peak Civil Engineering, Inc., which Is attached in Appendix J for reference. The drainage study states that runoff from the proposed development will follow existing drainage patterns. A preliminary traffic study has been attached in Appendix K for reference. Generally, the study states that the traffic generated by the proposal will be less than most apartment complexes, due to the proximity to other forms of transportation. When a design is finalized, a more in-depth study will be provided. All of the environmental studies will be updated to reflect the development plan as the development of Lot 1 is refined. All of the studies will be included in the final review of the plat. 6. Compatibility with Surroundina Land Uses Adjacent uses to the entire Middle Creek Subdivision include the following: Solar Vail - a multiple-family housing project currently zoned High Density Multiple Family. Tract C, Vail Potato Patch - an open space tract currently zoned Natural Area Preservation District. Parcel B, Spraddle Creek Ranch - an open space tract currently zoned Natural Area Preservation District. This property is adjacent to Lot 1. 1-70 Right-of-Way - land owned by CDOT but located within Town of Vail boundaries. As a road right-of-way, there is no zoning on the property. This property is adjacent to Lot 1. White River National Forest - land owned by the United States Forest Service outside of the Town of Vail boundary. Staff believes that the subdivision is compatible with surrounding uses. 7. Effects Uaon the Aesthetics of the Town and Surroundina Land Uses The existing Mountain Bell tower and structure will not change with this application. Approximately 17 acres will remain open space. Lot 1 will be developed within the parameters of the Housing Zone District. According to Section 12-61-11: Development Plan Required: Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the District, a development plan shag be required. As the development plan will be approved at a later date by the Planning and Environmental Commission and the Design Review Board, staff believes that 12 there will be no negative effects upon the aesthetics of the Town and the surrounding land uses. VI. LAND USE PLAN AMENDMENT A. GENERAL OVERVIEW OF THE PLAN The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purposes of the Land Use Plan are two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. To be effective, the Land Use Plan must be updated to reflect current thinking and changing market conditions. The Vail Land Use Plan can be amended in three ways: 1) The Community Development Department can update and revise the plan periodically. The Community Development Department then makes recommendations for the proposed changes to the Planning and Environmental Commission, where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make a recommendation to the Town Council, where another public hearing would be held. The Council then adopts the changes by resolution. 2) The Planning and Environmental Commission or Town Council can also initiate amendments to the Land Use Plan. Again, both boards hold public hearings and the changes are adopted by the Town Council by resolution. 3) The private sector can also initiate amendments to the Vail Land Use Plan. Applications may be made by a registered voter, a property owner, or a property owner's authorized representative. The amendments are then heard by both the Planning and Environmental Commission and the Town Council. The Town Council then adopts the changes by resolution. The applicant is proposing to change the land use designation from Open Space to High Density Residential. The Open Space designation is described as follows: 13 Open Space (OS): Passive recreation areas such as greenbelts, stream _ corridors and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. The Comprehensive Open Lands Plan identifies the Mountain Bell Site as "approximately half of the property is intended for affordable housing and the remainder of the site will remain open space." The Comprehensive Open Lands Plan is intended to identify and recommend actions for the protection of sensitive land and open space, not as a guide for development of other properties. The High Density Residential designation is described as follows: The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institutional / public uses such as churches, fire stations and parks and open space facilities. The Vail Land Use Plan describes the Mountain Bell site as Tract 35 and states: The Mountain Bell microwave facility and two day care centers are located on a 25 acre site owned by the Town of Vail which is north of 1-70. A portion of this site under the microwave facility is owned by Mountain Bell. Part of the entire site in located in an area of medium environmental hazards and should continue to remain in its present use, with possible expansions of the day car centers. It may also be an option for the cemetery, further discussed later. B. CRITERIA FOR CHANGING THE LAND USE PLAN Any amendments to the Land Use Plan require a public process. Adjacent properties are notified, the Planning and Environmental Commission holds a public hearing and makes a recommendation to the Town Council on the proposal. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the following three criteria: Criterion 1: How conditions have changed since the plan was adopted The Vail Land Use Plan was adopted in 1986. Since then the Town of Vail has completed three other important studies which involve the Mountain Bell site. 1. Town of Vail Affordable Housing Study (1990) The Town of Vail Affordable Housing Study was completed in 1990. The primary purpose of the study is to provide guidance and direction by developing a series of policies and recommendations to address the 14 community's need for expanding the supply of affordable housing for its local residents, both year-round and seasonal. The Town of Vail Affordable Housing Study provided the following recommendations: a. Provision for accessory units in single-family, primary/secondary, and duplex zone districts. b. Create new definitions in the land use code for permanently deed restricted affordable housing and studio housing units. c. Consider the role of the Town of Vail in overseeing and demonstrating actions on affordable housing. Create a Town of Vail Housing Authority to assist in the coordination and administration of the affordable housing program. Also, establish a demonstration housing project which is planned and coordinated by the Town of Vail, with the assistance and participation of the private sector. d. Amendment of standards and criteria for Special Development Districts to provide for affordable housing unit developments. e. Special development districts for commercial, mixed-use, or free market residential development to provide for affordable housing units. f. Waiver of development land processing fees related to the construction of deed restricted affordable housing units constructed within the Town of Vail. By Resolution No. 25, Series of 1990, the Town of Vail established the Town of Vail Housing Authority. The Housing Authority evaluated different sites for housing potential. The Mountain Bell site was the Authority's recommendation as the housing project to move forward with first. However, in 1993, the Town Council opted not to move forward on this project due to political concerns. 2. The Comprehensive Open Lands Plan (1994) The Comprehensive Open Lands Plan primary purpose is to identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingency land for unforeseen needs (e.g. employee housing, public facilities). The comprehensive Open Lands Plan identifies the Mountain Bell site and states: Approximately half of this property (7.71 acres) is intended for affordable housing and the remainder of the site will remain in open space 3. The Housing Needs Assessment (1999) The Housing Needs Assessment was completed in 1999, sponsored by Eagle County, Town of Eagle, Town of Vail, and Vail Resorts, Inc. The purpose of the assessment is to better understand current housing 15 problems and to provide information that can be used to address identified needs. The Housing Needs Assessment identifies the need for additional housing in Eagle County. Specifically, it states: Develop affordable housing throughout the county except for seasonal workers, whose housing should be concentrated in Vail. Staff believes that these studies, all completed since the adoption of the Vail Land Use Plan, establish a need for additional housing opportunities in the Town of Vail. The Mountain Bell site, specifically examined by the 1990 Town of Vail Housing Authority and the Comprehensive Open Lands Plan, has been identified as a suitable site for housing. Staff believes that the conditions have changed since the adoption of the Vail Land Use Plan. Criterion 2: How the plan is in error The Preliminary Geotechnical Investigation and Geologic Hazard Studies are presented in Appendix H of this memorandum. As the studies indicate, the site is developable with mitigation of the existing hazards on the site. The Vail Land Use Plan indicates that minimum development should occur on the site, due to the hazards. However, staff believes that the Vail Land Use Plan is in error regarding the development potential of the site. The preliminary studies indicate that the site is developable for housing with mitigation. The hazards on the site and possible means of mitigation remain a concern of the staff. Criterion 3: How the addition, deletion or change to the plan is in concert with the plan in general Staff has identified the following objectives and goals, which staff believes are relevant to this proposal from the Vail Land Use Plan. 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from 16 the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes that the proposed Land Use Plan amendment is in concert with the plan in general. VII. REZONING REQUEST A. ZONING REGULATIONS OVERVIEW The Town of Vail Zoning Regulations are intended to: Promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. In contrast to the Land Use Plan, which serves as a guide in land use decision making, the zoning and subdivision regulations are regulatory tools used to control development for the benefit of the public health, safety and welfare. The 17 zoning regulations are specific with regards to development on property, including density, setbacks, height, etc. Where conflicts exist between the Land Use Plan and the zoning for a site, existing zoning controls development. However, in cases where a change in zoning is considered for a site, the land use designation and land use objectives as identified in the Land Use Plan are important considerations in the decision making process. B. REZONING CRITERIA The Town of Vail has established the following criteria in the review of a rezoning request: 1) Is the existing zoning suitable with the existing land use on the site and adjacent land uses? The existing zoning on the entire Mountain Bell site consists of Natural Area Preservation District and General Use. The General Use designation includes the portion of the site with the Mountain Bell facility and the two day care facilities. The rest of the site is designated Natural Area Preservation District. According to Section 12-9C-1 of the Town Code, the purpose of the General Use zone district is as follows: The General Use District is intended to provide sites for public and quasi public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. According to Section 12-8C-1 of the Town Code, the purpose of the Natural Area Preservation zone district is: The Natural Area Preservation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in Section 12-8C-2 of this Article. The Natural Area Preservation District is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The Natural Area Preservation District includes lands having valuable wildlife 18 habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. The existing zoning is suitable with the existing land use of the site. However, the current proposal for the site is to establish employee housing on Lot 1 of Middle Creek Subdivision. Lot 2, Middle Creek Subdivision will remain General Use. Tract A will remain zoned Natural Area Preservation District. This rezoning request is to rezone Lot 1 to the Housing Zone District. Staff believes that this zoning designation is more appropriate given the proposed development of the site. The Comprehensive Open Lands Plan identifies this site for employee housing. Adjacent uses to the entire Middle Creek Subdivision include the following: Solar Vail - a multiple-family housing project currently zoned High Density Multiple Family. Tract C, Vail Potato Patch - an open space tract currently zoned Natural Area Preservation District. Parcel B, Spraddle Creek Ranch - an open space tract currently zoned Natural Area Preservation District. This property is adjacent to Lot 1. 1-70 Right-of-Way - land owned by CDOT but located within Town of Vail boundaries. As a road right-of-way, there is no zoning on the property. This property is adjacent to Lot 1. White River National Forest - land owned by the United States Forest Service outside of the Town of Vail boundary. Within Middle Creek Subdivision, Lot 1 is adjacent to Lot 2, and Tract A. 2) Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? The Town has continually stated that the provision of employee housing is an important objective and a high priority for the community. Staff believes that the amendment presents a convenient workable relationship with land uses consistent with stated municipal objectives. The purpose of the Housing Zone District is: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and 19 characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other - residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. The Housing Zone District is similar to a special development district in its flexibility in the development standards of the zone district. The Housing Zone District provides the following: Lot Size: as approved by the PEC Density: as approved by the PEC GRFA: as approved by the PEC Site Coverage: 55% or as approved by the PEC Landscape Area: 30% Setbacks: 20 ft. or as approved by the PEG Parking: per Ch. 12-10 or as approved by the PEC As part of the rezoning of Lot 1, Middle Creek Subdivision, to the Housing Zone District, the Planning and Environmental Commission would be adopting a development plan for the site. This will occur at future Planning and Environmental Commission meetings. The rezoning does not take effect until the final plat for Middle Creek Subdivision is approved and filed with the Eagle County Clerk and Recorder's Office. 3) Does the rezoning provide for the growth of an orderly viable community? In accordance with the provisions of the Town of Vail Zoning and Subdivision Regulations and Vail's Comprehensive Plan elements, staff believes this rezoning provides for the growth of an orderly viable community. The Housing Zone District sets forth development standards and uses which the Town has found to be in the best interest of the Town's health, safety, and welfare. Staff believes that the designation of the Housing Zone District on this site will suit the proposed use and development of the site. The Housing Zone District regulations have been attached for reference. The Housing Zone District allows deed restricted employee housing as a permitted use. In addition, as conditional uses, the Housing Zone District allows for Type VI employee housing units, dwelling units (not EHUs) not to exceed 30% of the total GRFA constructed on the site, and accessory commercial uses. Staff believes that the clear purpose and intent of the Housing Zone District, along with 20 _ the allowable uses within that zone district, will provide for the growth of an orderly viable community. 4) Is the change consistent with the Land Use Plan? The proposed land use designation of the property is High Density Residential, which, according to the Vail Land Use Plan, is described as: The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities and private parking facilities and institutional / public uses such as churches, fire stations, and parks and open space facilities. The proposed rezoning is consistent with the goals, objectives and policies as stated in the Vail Land Use Plan. Specific Land Use Plan goals that are relevant to this proposal include: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 21 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the goals of the Vail Land Use Plan will be furthered by the rezoning to the Housing Zone District. The Vail Land Use Plan states that the provision of employee housing is an important objective of the Town. In addition to the Vail Land Use Plan, other Town documents support this objective. In 1999, the Town of Vail sponsored, along with Eagle County, Town of Eagle, and Vail Resorts, Inc., a housing needs assessment. The Housing Needs Assessment states: Develop more rental housing. The demand for units to house new employees and employees who now commute but want to live in Eagle County is sufficiently strong to support the additional development of apartments. Until the vacancy rates reaches a level more in line with other communities, efforts to develop apartments should not be curtailed. Staff believes that the rezoning of Lot 1, Middle Creek Subdivision to the Housing Zone District is consistent with the Land Use Plan and the Housing Needs Assessment. 22 Appendix A: Preliminary Plat Information Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 FINAL PLAT MIDDLE CREEK SUBDIVISION PART OF THE Sh, OF THE SEy SECTION 6, TOWNSHIP 5 SOUTH, RANGE 60 WEST OF THE SIXTH PRINCIPAL MERIDAIN TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO . TITLE ow* -"x CERTIFCATE OF DEDICATION AND OMtIERSHP LLI /ia Miw aelrr aw r MAW D,tai x Yu glrY rtl rwwAe rtapW awMWwtlw.AYe1bM raa WML 1Np abil .wnw aYT lnIAWaMw all,sNwsN ru Ora w a sale tl w. xr NM rarrAlN tMaW, w M lei s YtI. a/Q aaunw Oaili AAltri N WNaa ,9g e ae to r~ tNN rw ~~ypg,~~M~~ en Or Of. N` ! SE~1 SEC 6 rrQ MM QOM a Ma rs auw MQ w[eNMaw, o~v. 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Ow L WA" 0 r A O ®O ,.iR1 ~1su •ea ola,,Irc S ele Srm ~OQe Nl. tr•O ,If 1IR•OCI• Tw T ~fw)1 b.11111I11[ 4 4 w R.rR_ t' 1RIRP V A-_A,rRRRIr.R1 ~rrARR tlRI RRR Rr•64 nlf w.m1lrR• 1/IY •I.R/..,J f/rlRrt•11w 1R tR•1111l R•1R1I rr RSw w~ •,4444 r w • f~I lII.~ s? r fOR1. ~ erPRSUr.S1Rt Rw 1w w -Y -u~u- •r~RS1aw -w-wow- ,R~ww ~a f ~ • SHZEF 1 of 8 SURVEY IXTN PRjpTCIPAL ~ERIDUiN TI-laR TA/ SUP*VEY PL)` T~cE so fosT OFT~E s AL ACS D RA COLOROO STATE OF 6 ii "w,~'~~" 1 aN TOE UNTY OF EAGLE' w 1 00 HE Sid. OF THE SE~TOiPN OF VA1L- CO PART OF ,NHrTE Rr' (J.S.r.S.) / a 5T , K^ . ~i + 14 all, so w. SA., of it b %t `o" Row. to VAN POTAT! emoroo st w 424,40 mmm- .Kwamp 0 a"' i •w IN , rw wh LOT 89 sys T° ss++ as.?~ Muswas - axs yu . _ vld4 70TAT0 O ~~~"E~,:s,;;rii'~~'";.i~ sZ !!dam~,// ~,,/i y. _ u<m . „1 wtsaA _ NO!2tH Ffk~+Tl~t~ ~ ~~v``' 1easad ~J ~ ` t'~,1y I'•pg 42'E-~~ pOt"0~ NT4'24'NN~d~gpb yet..M,YtaA INTERSTATE HIGHWAY No. 70rwm y, yer, o++a0't4 • (,,ORiH FRONTAM ROAD) +.''`•sf, ~pye,rrM (R.aW.) e am' ;w~addr rA S ova ek 1 .en wa~~ ayq ~,~T„'~p".on a~4 ~-N.""KScM~YT. jy+o~u4•w~1°" of S woo Jos VLSI r O+4` , w,vw w ywni+ rn ONO ITLE SURVEY gIXTB PRINCIPAL 1?[ERIDIAN AC5M LAND T T OF TAE ALTA/ AND SURVEY P GT svF COL RA~O ~ O 1 s TOWA Y OF RAC1.F'~ STAT TION E Sy , OF THE 5EYTO-,N of , VAIL, COUNT gT SIN 6p y ~un~. W S* PART OF TH A PARS 80 MOE ~~xsA / ~aeM1 01 - i~ u r ~l ne I - ~ml .e'- Y t ur t~7g0'S7'tll U13W pmt'VAM OW Ike 8 - rrwOrt1~cF .~`ar ___cu reu---ae~--"o _ 4? Ro. AC' q~ iB Mme` }01'r~ INTERSTATE HIGHWAY No. 70 4 PRONTACE ROAD) # I GROUM _ ) Rte' Hg WESS PARCEL s° v p"r` - u s SON 3 Of ,,{g+tt^Srcl~ _arer~„rR'IIIF . p Jam"'"" 7 f cc= Qw- 1V.5.F.5.~ ~---z.. r~~ ~"'--s' ~ sue" ' die, ~ ~ ~ •3Z SO`k '~J r~.--tea ~rr-^' ~ ~ "~--+•w:••.- ~ YAiC~ l^~'.--~----~~"' ~~a`. \,~4~.'1 ' ~ 1 AAA r'.•.~.-+~'~'-ir•-!'!.•"~-.i+" Yf ~ app.. p--....~ . ~ r /ice J• ~ fir.. ~ ^ m• ~ ~h ~ ,1 I , - - - ~ ~,~:.i:~'- ~.r~O ~ - " Fad'' H 4 064 - • Q • • ~-x,,,,..64'-•""`"..""-"` 822 • • . e• w vow JP- 1*4 Apr- NO, 1-ft ate' ,i-.'~-, • ~ . io+. r ~ nom, INTERSTATE HIGHWAY NoNO. 70 • (NOR7}1 FROIGHW Y : VOL ~~/"-tea p M~ °rt'ov ` ` y 7 I+Oxw'-~•x. W+wrw Yrw11s~~'•~ -w YB O .en ~ •w 1 ~ ~0!/Y3/01 ` 1,,.,, _ apuPt~ sous . WOOL 5g E •wwe - 039T • ,.w vow % ..we+•o°'°" ~wM,w.rw.v'wM y sir w a _ IC? f L a y~yc..rwu~*s°' s ~n~~ ~ a°Ar'.~m• &pow MM ..mow-.•-M"_-•~r ~sev+ r ~ U.S.F.S TRA vNL POT OWN 0 VAIL _ y ~ I~1' (Q1l IOIL M0, ~t~ IlO .~If~ 141 kM feO1M.~ LO r r, VNL POT L5 W lh' tYM~ J V V 0 3" 0 F F m a4 c Z PQ ftW wa 1 02se3r w r°~ as F+ F =10 W peaty wlw liiri:irow so°a p k 116e ~r pss.y~ ~ w 0= Mw t0 a o".w°ima «su 6 `rr ¢iir: _ 'kORTk RR-Y~ U a FF~~ ` puayrt - sax e~ 'Z.~ - V H E-M W INTERSTATE HIGHWAY N. ~y uj (NORTH FRONTAGE . 70 '108~09',T N8,00' p o C (R.O.W.) ROAD) Hnro. - mw mm W A. W r ttw w a E.A~: a MtU ar TOPORtAN1Y BY PM LAND S jRVE* 9 AMP. 2M (~L once AWM 00"M PADM aorta M" 1M9IDORNMr ft M M WM t1r M TO1et OP W6, TOPOGMIq MAP DAM -F" Me. LINE TABLE 1 1,otm,?rots t Ma sr *on% "m fe16 LEGEND ' M~ia twin D oMamwsm~wM anat .atrt mvr. uAft PCMDaAttat " m ~/D~ n~ tau Mm rwMiMt slier tas mtDea eM. a aesea w a aBe.MS~ "ism .~iaa~.e m. sa v.wrTMsta s "aefouisf0ii a°t~i °."'sa~n°°KM. tua.e v-wam- tslw rr ,~PMt~a v~i'i s w w tM'~ieam ± o r.~${ea`~iu~i°~us ar">€ °"~i rata tr aOaP~m tsyeaMrU~we asa M+Qa~ r..a. PMD1 emtN a to MwMrtt tAD.>te. DRAW JF . e--4 . . . . . . I.IBR T M . Ysa t1'a M MV rP%~ rewtete „ sr• aric r MiMnaa RLNEMEC: Be ~pAU~ygcoet PLO J08# 1039 -MA BATS: 081231M 1 ¦ 7 i SHEET W • W ti 1 1 of 2 1 ORAPMC SCAM t Y.A 10011E WHITE RIVER NATIONAL FOREST (U.S.F.S.) 1 2434.9Y OvraTirv- 4NUr vlmp TRACT C VAIL POTATO PATCHC qq ~v EN SP 88 w LOT VARL POTA70 O PATCH a L a 1 O LOT 664 .Wpm a vm vomm wft ft pt~ m ~ G4 sZS Psi: ACM «n OT I ft segos 42 w - xn eo , I U > V 9er14.FC - ~ v®p ~ - 041ty .01'64'37'(aVwti'ant Old R. I OS0.ar N7476'60'M -24.70' ~8 O Q T lMVY OM 2 ft6 coarl 9 - a" mm atv.3~- ~.y Z O Ce- y 9.oMt N" q H t INTERSTATE HIGHWAY No. aA+e MM 70 - 168.00' .9marwt - \ ~ (NORTH FRONTAQE ROAD \ ) 0 Z a W E.4, a MpCATM SLOPE OF 40N OR OR SAW L0L1 gg TOTAL W i4 - Ft TOTAL S5qy, Ft - /w1M4 Sµ it AREA Sn. X FL AREA UNDER 4011 - 39906 AREA U E OVER 40R - 200M 4 L FL AREA OVER 40R - 641926 R OE9RIS FLOW AREA - Ern Sv. K DRAMNI IF TOTAL BlaoAW AREA - 190196 54 FL REVIE9m so PLC J09/1 1039 DATE 08123M NOTE' M 100 TEAR FLOOOPLAM DOES NOT LIE W" LOT 1. SHEET 2of2 zl+sz ~4 - - - - - ' _ - P.-i Lei 0 - - - - - - cv '","„'..i~'~ii ' ~ Abp. ~ ~ - - ? L N'- WK yo, 4A NOR TH FRONTAGE - _ - - ROAD ` - - - - y - - - g SCALE: 1'-= 100' a i 1 r r~ f~--.- ice"----"T1!; .i , yr _ ~ ~.J _ ~j 0 -MM 19 to _ ~\.i~ ` I 4~.~ t ~ I \ - ~ ~ _ ~ - b, !j-'"` ~ 1 I - ~,1 --,__.Jr _•f \ ~ ~ r rte.. i SCALE 1' = 100' e~ m c c 0 a a. i O ; 1 ur ~ ~w 1 w•w""•rw~- t "pal A II 1 ~M 1 ti i;i;;l m! Woo ; racy ; t ' ~ ~ ~ t'b'i ~ CoAmt I ( _ - - / f I t r l t +o,.. + t `'Y i 1 i L) tRt t +t 1 w 77 Rota low p0A 'Nt SP M1EVEMF7~+ 1079 JOB PLC of 0Art ~„asua h1'C S ~ 24 aw pRi~ `w%~~~`\?~\11~.~~. te' g~ IA• .Irrrr r .a t+tt 1 \,~.\P ~ ::.si ._.`_g'•<<_;~~..--... Fi c. . _ - r p, z 1.1tYn+ \Wb t R`\~ •l \ ',,,;.+'iR 7\,.. - r„' -+•s M1•:~.~_~.w Y= = rd \ ` _ - _ %AAI~''~~,Rj,7Pr, 7 ~,\1 `~0\\\••~\`~~\~~.`'.1' r _ \"C - - =Y:ii_~ •^j~frl •-..1.4.x- ~:'~9~.'+,e .1S { \ ti _ n~ - - IN Sl y. - - - 1. - - - - ~ g~~y~--cry "f 1\ - ~.$h set : C - _ _4_ K _mc - i - aid" - w 4 1 1 - - y"a=_..... - =ice _ -~•N ~ - .Z lt7 BELL - _~;,''~s~'s` .ice; ~ F ~,cs?R•~•,;.\\`a _N4 r - - - ~ - _ ;}~,-.,3h~j:sr„ ;I' i i t ~,1~_~; ."aim' r.,\ M4\ oa - - ,7-_-===.=. - - z ~ji,.r; ~t~ _ -ACT"R>t•.~`' C_'-.- 4 - - - ~w ~a4. ~ O ~s,Ss y' ^'1 ? ` ,'M;~~ ' ~o°~ ao, a _ r '-z'_.-.. _J - ' ~ ' J cn..~ - `T^`..'„~°°y, _ y_ . ...t_rt..___ _ . 1 4, ~•-`r.. ~Y~~f~' '-'+~'y __I .d --2l~~li":.~•"~e~.,,..}~^"~ = -s.__ v - ' - -rr...r+.-.+'r.r. 1K~17N THE 10-- 'ry - - PiF ~Ip!I pA1C ~R~ipi001Ps f 0'0"0 euar»1°.rs NT S 1 +r....-~..~-'~"rte mow` 1 w w? ~ r . 9400 8350 yrz ~1'r. ; ~ ~ q „ - \ ~ r _ ~.-~,,,^-i ~ ~ ~ ~ acres rar..• 1 """wy?r..,.-...»_..__. ?r+~~'~~-4e_»......__\ .~~,„7.. --...-.J - w------__»___, _ ~ ~ .'g1C ~'1N - _ ` _'-_-rte -------r------ s~---- t e 4030 WM !!0 "Wow Y 1 ' PWOSO Appendix B: Land Use Plan Amendment Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Anvndnvnt Use Plan nd Subdivision Middle creek ,6~1 L'a~1 F HOLW, NN BELL Public/Semi-Public - - - High Density Residential E - 0 Open Space LIONSHEAD~ VAII PARYCING STRLlCNRE NAIL INTERNATIONAL Ex, 395 4 t25 300 ti EVERGREEN COMvUNI DDBSON 2 L ICE ARENA 250 111 EAST Llas5k1EADmtQE 5 1 \ WNICIPAL OFFICES FII,~NG 1 I I 321 75 49 rt~cci"PS LODGE AT 6 TSTATZ 5 LIONSHFI+D 360 LIBRARY VAR VALLEY yI ivEDIILLEY ' &WK SCORN 3 452 292 10 F E 62--"-11 151 108 LOT D D 5 281 TRACT A vaL CHATEAU AT VAIL { C1~ V 520 9 wuAGe t ~ FIU,~~ A~'I I 272 FIUNG 2 D 1z1 3 Y8 N - i N 12 UNPLATfED 1411 TRACTB 8 IXESTNEADOWIX 252 HOLIDAY j T 3 2 HOUSE gw 9 M RACT 232 6 5 142 - 4 122 i B 1 162 ao September 24, 2001 Appendix C: Zoning Amendment Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Zon'ing Ajmndn*nt Middle Creek Subdivision 180 Wt~~ h{ ~v~W YS~ MOUNTAIN U General Use Housing TE LICNSHEAD (Natural Area PARKING STRUCTURE OVAIL INTERNATIONAL O EX ~ry 395 V ¦ Preservation District / 4 125 300 EVERGREEN COMMON 1 1 / 1 ICE ARENA 2 LOPME FITG 1 FASTIICMFEADC[RQ.E 5 250 L 111 7 321 MJNICIPAL OFFICES 380 P - .S. ~rAG 75 L. T. TREETOPS LODGE AT 6 ,g f 6 LIONSHEAD~ 360 LIBRARY VAIL VALLEY JI 452 5 MEDICAL CENTER I TSTATZ D 5 292 10 281 F E ' 6BAN 2K SUBDIVu1 i O TRACTJ i3t 520 A181 108 LOT D AL TEAU AT ALPINE 1, NAIL VILLAGE ...1^~.. _ N CHA NAIL 9 FlUNG2 HOUSEFlU srAN . 272 C GATEWAY UNPLATTED ~~TRACT B 8 WEST MEADOW DR 141 __.a 1 13 28 I 12 282 7 2 n~ HOUSE B > M RACT 232 621 51 4162 142. 172 HOLIDAY September 24, 2001 Appendix D: Title Report Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 08-27-2001 Our Order Number: VC272436 Property Address: US WEST PARCEL PEAK LAND SURVEYING 1000 LIONS RIDGE LOOP VAIL, CO 81657 Attn: BRENT BIGGS Phone: 970-476-8644 Fax: 970-476-8616 Sent Via Fax Form DELIVERY Land Title Guarantee Company YOUR CONTACTS Date: 08-27-2001 Our Order Number: VC272436 Property Address: US WEST PARCEL Buyer/Borrower: TO BE DETERMINED Seller/Owner: THE MOUNTAIN STATES TELEPHONE AND TFT FGRAPH COMPANY, A COLORADO CORPORATION, AS TO PARCEL 1 TOWN OF VAIL, A MUNICIPAL CORPORATION, AS TO PARCEL 2 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Vail Title Dept. Roger Avila 108 S. FRONTAGE RD. W. //203 P.O. BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: ravilaQaltgc.com Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to any of our 40 office locations. ESTIMATE OF TITLE FEES Information Binder $175.00 I TOTAL $175.00 Form CONTACT THANK YOU FOR YOUR ORDER! S Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC272436 Schedule A Cust. Ref.: Property Address: US WEST PARCEL 1. Effective Date: April 26, 2001 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE MOUNTAIN STATES TFr FPHONE AND TELEGRAPH COMPANY, A COLORADO CORPORATION, AS TO PARCEL 1 TOWN OF VAIL, A MUNICIPAL CORPORATION, AS TO PARCEL 2 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC272436 LEGAL DESCRIPTION PARCEL I A TRACT OF LAND IN THE SOUTHEAST ONE-QUARTER, SOUTHEAST ONE-QUARTER, SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING 1170.20 FEET NORTH 36 DEGFFFq 01 MINUTES 25 SECONDS WEST FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M.; THENCE NORTH 00 DEGREES 00 MINUTES 180.11 FEET; THENCE NORTH 88 DEGREES 34 MINUTES WEST 143.67 FEET; THENCE SOUTH 60 DEGREES 09 MINUTES WEST 107.00 FEET; THENCE SOUTH 26 DEGREES 17 MINUTES WEST 32.25 FEET; THENCE SOUTH 88 DEGREES 30 MINUTES WEST 120.00 FEET; THENCE SOUTH 36 DEGREES 23 MINUTES 30 SECONDS WEST 65.24 FEET; THENCE SOUTH 83 DEGREES 36 MINUTES 30 SECONDS EAST 411.93 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. TOGETHER WITH AN EASEMENT FOR ACCESS TO AND EGRESS FROM THE ABOVE-DESCRIBED TRACT BY PEDESTRIAN, VEHICULAR, AND MOTOR TRAFFIC, FOR AERIAL AND BURIED TELEPHONE AND ELECTRIC POWER LINES AND FOR BURIED WATER, SEWER, GAS, AND OTHER UTILITIES TO SAID TRACT OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY, TO WIT: A TRACT OF LAND IN THE SOUTHEAST ONE-QUARTER, SOUTHEAST ONE-QUARTER, SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGININNG AT A POINT BEING 1170.20 v=i, NORTH 36 DEGREES 01 MINUTES 25 SECONDS WEST FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M.; THENCE SOUTH 00 DEGREES 00 MINUTES 40.25 FEET; THENCE NORTH 83 DEGREES 36 MINUTES 30 SECONDS WEST 382.48 FEET; THENCE SOUTH 15 DEGREES 49 MINUTES WEST 88.18 FEET TO THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTH 74 DEGREES 21 MINUTES 35 SECONDS WEST 40.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70; THENCE NORTH 15 DEGREES 49 MINUTES EAST 122.20 FEET; THENCE SOUTH 83 DEGREES 36 MINUTES 30 SECONDS EAST 411.93 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. PARCEL 2 A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER, SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS N 00 DEGREES 28 MINUTES 16 SECONDS W A DISTANCE OF 686.60 FEET FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING THE TRUE POINT OF BEGINNING; ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF INTERSTATE 70; THENCE N 00 DEGREES 28 MINUTES 16 SECONDS W ALONG THE EAST LINE OF SAID SECTION Our Order No. VC272436 LEGAL DESCRIPTION 6 A DISTANCE OF 633.40 FEET; THENCE N 89 DEGREES 27 MINUTES 21 SECONDS W A DISTANCE OF 2633.76 FEET TO A POINT ON THE EAST BOUNDARY LINE OF VAIL/POTATO PATCH FILING; THENCE S 00 DEGREES 07 MINUTES 12 SECONDS E ALONG SAID EAST BOUNDARY LINE A DISTANCE OF 351.21 FEET TO A POINT ON A CURVE, SAID CURVE ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF INTERSTATE 70; THENCE ALONG SAID NORTHERLY RIGHT OF WAY ON THE FOLLOWING 8 COURSES: 1) A DISTNACE OF 204.62 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 02 DEGREES 56 MINUTES 18 SECONDS, A RADIUS OF 3990.0 FEET, AND A CHORD BEARING N 85 DEGREES 31 MINUTES 10 SECONDS E A DISTANCE OF 204.60 FEET; 2) N 80 DEGREES 13 MINUTES 06 SECONDS E A DISTANCE OF 211.80 FEET; 3) N 84 DEGREES 55 MINUTES 50 SECONDS E A DISTANCE OF 319.70 FEET; 4) S 79 DEGREES 56 MINUTES 28 SECONDS E A DISTNCE OF 424.40 FEET; 5) S 69 DEGREES 55 MINUTES 21 SECONDS E A DISTANCE OF 303.20 FEET; 6) S 74 DEGREES 21 MINUTES 35 SECONDS E A DISTANCE OF 204.70 FEET; 7) S 83 DEGREES 36 MINUTES 29 SECONDS E A DISTANCE OF 826.30 FEET; 8) S 71 DEGREES 33 MINUTES 45 SECONDS E A DISTANCE OF 196.10 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPT THAT PORTION OF LAND DESCRIBED IN WARRANTY DEED, RECEPTION 114010, BOOK 218, PAGE 419, FILED OF RECORD IN THE OFFICE OF CLERK AND RECORDER OF EAGLE COUNTY, COLORADO. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. ALTA COMMITMENT - Schedule B - Section 1 (Requirements) Our Order No. VC272436 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC272436 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company:. 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 11. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS. 12. RIGHT OF WAY 40 FEET IN WIDTH AS DESCRIBED IN CONDEMNATION FOR RIGHT OF WAY AWARDED TO THE UNITED STATES OF AMERICA IN INSTRUMENT RECORDED AUGUST 12, 1935 IN BOOK 116 AT PAGE 349. 13. RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN INSTRUMENT RECORDED JUNE 8, 1940 IN BOOK 127 AT PAGE 466. RIGHT OF WAY AS GRANTED TO THE FLEMING LUMBER AND MERCANTILE COMPANY IN ALTA COMMITMENT Schedule B - Section 2 - (Exceptions) Our Order No. VC272436 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: INSTRUMENT RECORDED JANUARY 13, 1943 IN BOOK 127 AT PAGE 563. 15. RIGHT OF WAY EASEMENT AS GRANTED TO GAS FACILITIES, INC. IN INSTRUMENT RECORDED FEBRUARY 17, 1966 IN BOOK 192 AT PAGE 149 AND IN BOOK 192 AT PAGE 161 AND RECORDED MARCH 9, 1966 IN BOOK 192 AT PAGE 203 AND AT PAGE 207. 16. EASEMENT AS GRANTED TO VAIL WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED APRIL 7, 1966 IN BOOK 192 AT PAGE 365. 17. TERMS, CONDITIONS AND PROVISIONS OF NONEXCLUSIVE UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED JUNE 08, 1994 IN BOOK 642 AT PAGE 344. 18. EXISTING LEASES AND TENANCIES. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forme on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE I Appendix E: Housing Zone District Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 ARTICLE I. HOUSING (H) DISTRICT SECTION: 12-61-1: Purpose 12-61-2: Permitted Uses 12-61-3: Conditional Uses 12-61-4: Accessory Uses 12-61-5: Setbacks 12-61-6: Site Coverage 12-61-7: Landscaping and Site Development 12-61-8: Parking and Loading 12-61-9: Location of Business Activity 12-61-10: Other Development Standards 12-61-11: Development Plan Required 12-61-12: Development Plan Contents 12-61-13: Development Standards/Criteria for Evaluation 12-61-1: PURPOSE: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Deed restricted employee housing units as further described in Chapter 12-13 of this Title. Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission ) to the use of employee housing and specifically serving the needs of the residents, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Eating and drinking establishments. Health clubs. _ Personal services, including but not limited to, laundromats, beauty and barbershops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property and; B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property and; C. Dwelling units are only created in conjunction with employee housing and; D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios Public and private schools and educational institutions, including day-care facilities. Public buildings and grounds. Public parks. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by Chapter 12-13 of this Title. 12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcades Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-61-5: SETBACKS: The setbacks in this district shall be 20' from the perimeter of the zone district. At the discretion of the Planning and Environmental Commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the Planning and Environmental Commission pursuant to Chapter 17 of this Title. 12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty-five percent (55%) of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-61-8: PARKING AND LOADING Off-street parking shall be provided in accordance with Chapter 10 of this Title. No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in Chapter 10 may be approved during the review of a development plan subject to a Parking Management Plan. The Parking Management Plan shall be approved by the Planning and Environmental Commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-61-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12-61-3 of this Article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-61-10: OTHER DEVELOPMENT STANDARDS: Prescribed By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the District, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12-61-12 of this Article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12-9A-10 of this Title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this Title prior to the commencement of site preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: A. Submit With Application: The following information and materials shall be submitted with an application for a proposed development plan. Certain submittal requirements may be waived or modified by the Administrator if it is demonstrated that the material to be waived or modified is not applicable to the review criteria, or that other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the project including information on the nature of the development proposed, proposed uses, and phasing plans. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the development plan, including the location of improvements, existing contours, natural features, existing vegetation, watercourses, and perimeter property lines of the parcel. 4. A title report, including Schedules A and B4. 5. Plans depicting existing conditions of the parcel (site plan, floor plans, elevations, etc.), if applicable. 6. A complete zoning analysis of the existing and proposed development including a square footage analysis of all proposed uses, parking spaces, etc. 7. A site plan at a scale not smaller than one inch equals twenty feet (1" = 20'), showing the location and dimensions of all existing and proposed buildings and structures, all principal site development features, vehicular and pedestrian circulation systems and proposed contours and drainage plans. 8. Building elevations, sections and floor plans at a scale not smaller than one- eighth inch equals one foot (1/8" = 1'), in sufficient detail to determine floor area, circulation, location of uses and scale and appearance of the proposed development. 9. A vicinity plan showing existing and proposed improvements in relation to all adjacent properties at a scale not smaller than one inch equals fifty feet (1" _ 50'). 10. Photo overlays and/or other acceptable visual techniques for demonstrating the visual impact of the proposed development on public and private property in the vicinity of the proposed development plan. 11. An architectural or massing model at a scale sufficient to depict the proposed development in relationship to existing development on the site and on adjacent parcels. 12. A landscape plan at a scale not smaller than one inch equals twenty feet (1" = 20'), showing existing landscape features to be retained and removed, proposed landscaping and other site development features such as recreation facilities, paths and trails, plazas, walkways and water features. 13. An environmental impact report in accordance with Chapter 12 of this Title unless waived by Section 12-12-3 of this Title. 14. Any additional information or material as deemed necessary by Administrator. B. Copies Required; Model: With the exception of the model, four (4) complete copies of the above information shall be submitted at the time of the application. When a model is required, it shall be submitted a minimum of two (2) weeks prior to the first formal review of the Planning and Environmental Commission. At the discretion of the Administrator, reduced copies in eight and one-half inches by eleven inches (8 1/2" x 11") format of all of the above information and additional copies for distribution to the Planning and Environmental Commission, Design Review Board and Town Council may be required. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans. Appendix F: General Use Zone District Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 12-9C-1 12-9C-3 CHAPTER 9 SPECIAL AND MISCELLANEOUS DISTRICTS ARTICLE C. GENERAL USE (GU) DISTRICT SECTION: 12-9C-2: PERMITTED USES: The follow- ing uses shall be permitted in 12-9C-1: Purpose the GU District: 12-9C-2: Permitted Uses 12-9C-3: Conditional Uses Passive outdoor recreation areas, and open 12-9C-4: Accessory Uses space. 12-9C-5: Development Standards 12-9C-6: Additional Development Pedestrian and bike paths. (Ord. 21(1994) Standards § 10) 12-9C-3: CONDITIONAL USES: 12-9C-1: PURPOSE: The General Use District is intended to provide A. Generally: The following conditional sites for public and quasi-public uses uses shall be permitted in the GU which, because of their special characteris- District, subject to issuance of a con- tics, cannot be appropriately regulated by ditional use permit in accordance with the development standards prescribed for the provisions of Chapter 16 of this other zoning districts, and for which devel- Title: opment standards especially prescribed for each particular development proposal or Churches. project are necessary to achieve the pur- poses prescribed in Section 12-1-2 of this Equestrian trails. Title and to provide for the public welfare. The General Use District is intended to Golf courses. ensure that public buildings and grounds and certain types of quasi-public uses per- Helipad for emergency and/or commu- mitted in the District are appropriately locat- nity use. ed and designed to meet the needs of resi- dents and visitors to Vail, to harmonize with Hospitals, medical and dental facili- surrounding uses, and, in the case of build- ties, clinics, rehabilitation centers, ings and other structures, to ensure ade- clinical pharmacies, and ambulance quate light, air, open spaces, and other facilities. amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10) Major arcade. Plant and tree nurseries, and associ- ated structures, excluding the sale of June 2000 Town of Vail 12-9C-3 12-9C-5 trees or other nursery products, vided such use is accessory to a park- _ grown, produced or made on the pre- ing structure: mises. Offices. Public and private parks and active outdoor recreation areas, facilities and Restaurants. uses. Ski and bike storage facilities. Public and private schools and educa- tional institutions. Sundries shops. Public and quasi-public indoor com- Tourist/guest service related facilities. munity facility. Transit/shuttle services. (Ord. 6(2000) Public buildings and grounds. § 2: Ord. 21(1994) § 10) Public parking facilities and structures. 12-9C-4: ACCESSORY USES: The follow- Public theaters, meeting rooms and ing accessory uses shall be convention facilities. permitted in the GU District: Public tourist/guest service related Minor arcade. facilities. Other uses customarily incidental and ac- Public transportation terminals. cessory to permitted or conditional uses, and necessary for the operation thereof, Public utilities installations including with the exception of buildings. (Ord. transmission lines and appurtenant 21(1994) § 10) equipment. Seasonal structures or uses to accom- 12-9C-5: DEVELOPMENT STANDARDS: modate educational, recreational or cultural activities. A. Prescribed By Planning And Environ- mental Commission: In the General Ski lifts, tows and runs. Use District,. development standards in each of the following categories Type III employee housing units shall be as prescribed by the Planning (EHU) as provided in Chapter 13 of and Environmental Commission: this Title. 1. Lot area and site dimensions. Water and sewage treatment plants. 2. Setbacks. B. Proximity To Parking Required: The following conditional uses shall be 3. Building height. permitted in accordance with the issu- ance of a conditional use permit, pro- 4. Density control. June 2000 Town of Vail 12-9C-5 12-9C-6 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environ- mental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Planning and Envi- ronmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dards and the development of land in the General Use District are found in Chapter 14 of this Title. (Ord. 21(1994) § 10) June 2000 Town of Vail Appendix G: Natural Area Preservation District Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 12-8C-1 12-8C-3 CHAPTER8 OPEN SPACE AND RECREATION DISTRICTS ARTICLE C. NATURAL AREA PRESERVATION (NAP) DISTRICT SECTION: not preclude improvement of the natural environment by the removal of noxious 12-8C-1: Purpose weeds, deadfall where necessary to protect 12-8C-2: Permitted Uses public safety or similar compatible improve- 12-8C-3: Conditional Uses ments. (Ord. 21(1994) § 10) 12-8C-4: Accessory Uses 12-8C-5: Development Standards 12-8C-6: Parking And Loading 12-8C-2: PERMITTED USES: The follow- 12-8C-7: Additional Development ing shall be permitted uses in Standards the NAP District: Nature preserves. (Ord. 21(1994) § 10) 12-8C-1: PURPOSE: The Natural Area Preservation District is designed 12-8C-3: CONDITIONAL USES: The to provide areas which, because of their following conditional uses shall environmentally sensitive nature or natural be permitted in the NAP District, subject to beauty, shall be protected from encroach- the issuance of a conditional use permit in ment by any building or other improvement, accordance with the provisions of Chapter other than those listed in Section 12-8C-2 16 of this Title: of this Article. ' The Natural Area Preserva- tion District is intended to ensure that des- Equestrian trails, used only to access Na- ignated lands remain in their natural state, tional forest system lands. including reclaimed areas, by protecting such areas from development and preserv- Interpretive nature walks. ing open space. The Natural Area Preser- vation District includes lands having valu- Parking, when used in conjunction with a able wildlife habitat, exceptional aesthetic permitted or conditional use. or flood control value, wetlands, riparian areas and areas with significant environ- Paved and unpaved, nonmotorized, bicycle mental constraints. Protecting sensitive paths and pedestrian walkways. natural areas is important for maintaining water quality and aquatic habitat, preserv- Picnic tables and informal seating areas. ing wildlife habitat, flood control, protecting view corridors, minimizing the risk from Other uses customarily incidental and ac- hazard areas, and protecting the natural cessory to permitted or conditional uses character of Vail which is so vital to the and necessary for the operation thereof, Town's tourist economy. The intent shall Town of Vail 12-8C-3 12-8C-7 with the exception of buildings. (Ord. 21(1994) § 10) 12-8C-4: ACCESSORY USES: Not appli- cable in the NAP District. (Ord. 21(1994) § 10) 12-8C-5: DEVELOPMENT STANDARDS: Not applicable in the NAP Dis- trict. (Ord. 21(1994) § 10) 12-8C-6: PARKING AND' LOADING: Parking and loading require- ments will be determined by the Planning and Environmental Commission during the review of conditional use requests in accor- dance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) 12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dards and the development of land in the Natural Area Preservation District are found in Chapter 14, "Supplemental Regulations", of this Title. (Ord. 21(1994) § 10) Town of Vail Appendix H: Geotechnical Report and Hazard Report Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Koechlein Consulting Engineers, Inc. Consulting Geotechnical Engineers r" 12364 W. Alameda Pkwy - Suite 115 - Lakewood, CO 80228-2845 LAKEWOOD AVON SILVERTHORNE (303) 989-1223 (970) 949-6009 (970) 468-6933 (303) 989-0204 FAX (970) 949-9223 FAX (970) 468-6939 FAX August 23, 2001 Odell Architects, P.C. 32065 Castle Court, Suite 150 Evergreen, CO 80439 Subject: Preliminary Geotechnical Investigation and Geologic Hazard Studies Proposed Development - 6.5 Acres Middle Creek Village at Vail Vail, Colorado Job No. 01-136 As requested we have performed a preliminary geotechnical investigation and geologic hazard study for the subject property. The purpose of this letter is to present our general conclusions regarding the preliminary geotechnical investigation and geologic hazards. We anticipate that the subsurface conditions throughout the development will consist of granular alluvial soils. These soils should safely support spread footing foundations and slab-on-grade floors for the proposed structures. Excavation of these soils will require heavy-duty construction equipment. It is our opinion, that development of this site will require typical mountain construction techniques. Based on current and previous geologic hazard studies, the subject site is within a rock fall hazard and a debris flow hazard. Fortunately, both of these geologic hazards can be successfully mitigated. For additional information regarding preliminary geotechnical recommendations and geologic hazards refer to our Preliminary Geotechnical Investigation and Geologic Hazard Studies report, dated August 23, 2001. We appreciate the opportunity to provide this service. If we can be of further assistance, please contact our office. KOECHLEIN CONSULTING ENGINEERS, INC. Scott B. Myers, P.E. Project Engineer (8 copies sent) KOECHLEIN CONSULTING ENGINEERS, INC. CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS PRELIMINARY GEOTECHNICAL INVESTIGATION AND GEOLOGIC HAZARD STUDIES PROPOSED DEVELOPMENT - 6.5 ACRE MIDDLE CREEK VILLAGE AT VAIL VAIL, COLORADO ``~aLnE twmrtrrrny,~~ ®0 RE;gG ~,~O~ ~/Z31d1 : ~ `~llltlll~l~f}!!H LIILLLLLL Prepared for: Odell Architects, P.C. 32065 Castle Court, Suite 150 Evergreen, CO 80439 Job No. 01-136 August 23, 2001 DENVER: 12364 West Alameda Prkwy., Suite 115, Lakewood, CO. 80228 (303) 989-1223 AVON. (970) 949-6009 SILVERTHORNE: (970) 468-6933 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers TABLE OF CONTENTS SCOPE I EXECUTIVE SUMMARY I SITE CONDITIONS 3 PROPOSED DEVELOPMENT 4 GEOLOGIC HAZARD STUDIES 5 INVESTIGATION 5 SUBSURFACE CONDITIONS 6 GROUND WATER 6 CONDITIONS INFLUENCING PROPOSED DEVELOPMENT 7 FOUNDATIONS 8 FLOORS 9 UTILITY CONSTRUCTION 9 SITE WORD 10 General 10 Cut Slones 10 Fill 11 RetaininLy Walls 11 SITE DRAINAGE 12 PRELIMINARY PAVEMENT DESIGN 12 Preliminarv Flexible Pavement Desie_n_ 13 Preliminary Rigid Pavement Desivn 14 FURTHER INVESTIGATION 15 LIMITATIONS 15 VICINITY MAP Fig. I SITE PLAN Fig. 2 CURRENT GEOLOGIC HAZARD STUDY Appendix A PREVIOUS GEOLOGIC HAZARD STUDIES Appendix B August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. . Job No. 01-136 Consulting Geotechnical Engineers SCOPE This report presents the results of a preliminary geotechnical investigation for the proposed commercial development of 6.5 acres located in the Mountain Bell Site in Vail, Colorado. The approximate site location is shown on the Vicinity Map, Fig. 1. The purpose of the investigation was to evaluate the subsurface conditions at the site and to provide preliminary geotechnical recommendations for the proposed development. This report includes descriptions of anticipated subsurface soil and ground water conditions based on adjacent properties and our experience with similar projects, the geotechnical conditions influencing the proposed development and recommendations for development of the site. This report presents anticipated subsurface conditions for the proposed development. Site specific geotechnical investigations should be performed for individual building sites and pavement subgrade, as recommended in this report. A summary of our investigation findings and conclusions is presented in the following section. EXECUTIVE SUMMARY 1. Based on adjacent properties and our site reconnaissance, we anticipate that the subsurface conditions will consist of either topsoil or existing fill underlain by alluvial soils. The alluvial soils should be characterized by medium dense to dense, sand and gravel with cobbles and boulders. We anticipate that the existing fill will be characterized by a loose to medium dense, sand and gravel with cobbles. August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers 2. Because Middle Creek appears to have been rechanneled to its current location, it is possible that ground water could be encountered in isolated underground channels throughout the proposed development. Refer to the GROUND WATER section of this report for additional details. 3. Two buildings with associated amenities and utilities are currently located on the subject site. All existing foundations, slabs-on-grade, utilities and associated fill should be removed to expose the natural soils prior to construction of the proposed development. 4. Based on our site reconnaissance, we anticipate that existing fill will be encountered during construction of the subject project. We believe that the existing fill will be characterized by sand and gravel with cobbles and boulders. In our opinion, the existing fill, free of deleterious material, may be used as structural fill for the development of the project. 5. In our opinion, the proposed buildings within the development may be supported by spread footing foundation systems bearing on the natural sand and gravel soils. However, because these soils are alluvial soils, differential settlements are possible. Refer to the FOUNDATION section of this report for more information. 6. In our opinion, the natural sand and gravel anticipated throughout the development will support slab-on-grade floors. Refer to the FLOORS section of this report for more information. 7. Cuts up to 10 feet in height may be necessary along the access road to the proposed parking structure. Large cut slopes, greater than 10 feet, will need to be evaluated by a Professional Geotechnical Engineer. Refer to the EXCAVATION section of this report for additional cut slope recommendations. 8. Retaining walls and fills may need to be constructed along the proposed southern parking lots. Refer to the SITE WORK section of this report for additional details. 9. Utilities will be installed for the proposed development. Because cobbles and boulders are anticipated throughout the development, it is our opinion that heavy-duty excavation equipment will be required to complete excavations within the proposed development. 2 August 23, 2001 XOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers 10. We anticipate that paved roads are to be constructed for the proposed development. The paved roads may include both rigid and flexible pavements. Preliminary pavement recommendations based on anticipated subsurface conditions are presented in the PAVEMENT DESIGN section of this report. SITE CONDITIONS The proposed development is to be located on 6.5 acres in the Mountain Bell Site in Vail, Colorado. The site is bordered by the North Frontage Road West to the south and partially by Mountain Bell Road to the north. The Mountain Bell Tower borders the site to the west while open space will border the site to the east. The subject site is shown on the Site Plan, Fig. 2. Two existing buildings with associated amenities and utilities are located on the subject site. The buildings are single-story buildings and are of wood frame construction. Because of the previous development on the site, existing fill was observed throughout the proposed development in the area of the existing buildings. Existing fill was not observed in the area south of Mountain Bell Road. The topography of the site consists of moderate slopes of 5 to 10 percent to steep slopes of 15 to 20 percent. The overall drainage of the site is generally to the south. Vegetation on the site consists of grasses, bushes, trees and aspen trees. 3 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers PROPOSED DEVELOPMENT The project consists of the development of 6.5 acres in the Mountain Bell Site in Vail, Colorado. A preliminary site plan for the proposed development was provided by the Architect prior to our investigation. The preliminary development plan is shown on the Site Plan, Fig. 2. We understand that the proposed development may consist of townhouse type, multi-family, commercial buildings with associated access drives and parking lots. The buildings will be constructed south and southeast of Mountain Bell Road. Parking areas for the proposed buildings will be constructed to the south of the buildings and to the-north of the proposed buildings. We understand that the parking area constructed to the north of the buildings may consist of a two-level parking structure with the top level being at grade. We understand that the multi-family buildings will vary from 2 to 4 stories in height and will be stepped to match the existing ground surface. By stepping the proposed structures with the existing ground surface, we anticipate that maximum excavations of only 10 feet in depth may be required. We anticipate that pennanent cuts and fills will be required for construction of the proposed development. Maximum wall loads were assumed to be those normally associated with multi-family commercial construction. 4 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC Job No. 01-136 Consulting Geotechnical Engineers GEOLOGIC HAZARD STUDIES A current geologic hazard study was performed for the proposed development in order to identify any geologic hazard that may exist on the subject site. The Geologic Hazard Study was prepared in August of 2001 by R. J. Irish Engineering Geologist and is presented in Appendix A. In addition to the geologic hazard study prepared by R. J. Irish, previous geologic hazard studies for the area have been prepared. Three previously prepared geologic hazard studies or summaries are presented in Appendix B. INVESTIGATION Because of the existing buildings, shrubs and trees on the subject site, access to the site with excavation or drilling equipment is extremely difficult. In order to obtain access to the site, an access road must be constructed through the proposed development. Because of the inaccessibility of the site, exploratory test pits or borings were unable to be excavated or drilled on the subject site. In order to obtain a general idea of the subsurface conditions throughout the subject site, an engineer from our office reconnoitered the site on August 14, 2001. The engineer observed the subsurface conditions exposed within cut slopes throughout the proposed development and observed the soils on the exposed ground surface. The subsurface conditions observed during our field reconnaissance were compared to subsurface conditions encountered during our 5 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers - investigations of nearby sites. The anticipated subsurface conditions presented in this report are based on our site reconnaissance, information from nearby soil investigations and our experience with similar locations within the Vail area. When access to the site has been constructed, we recommend that a site specific investigation be performed. We recommend that site specific geotechnical investigations be performed for each building at the time the buildings are being designed. In addition, we recommend that a final subgrade and pavement investigation be performed for the proposed access roads and parking areas. If requested, we can perfonn the additional investigations. SUBSURFACE CONDITIONS Based on our experience with nearby projects and our site reconnaissance, we anticipate that the subsurface conditions will consist of either topsoil or existing fill underlain by alluvial soils. The alluvial soils should be characterized by medium dense to dense, sand and gravel with cobbles and boulders. We anticipate that the existing fill will be characterized by a loose to medium dense, sand and gravel with cobbles. GROUND WATER Because Middle Creek appears to have been rechanneled to its current location, it is possible that ground water could be encountered in isolated underground channels throughout the proposed development. However, ground water encountered during the 6 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers development of the project can generally be controlled by using standard excavation and trenching techniques. Therefore, we do not anticipate that ground water will adversely affect the proposed development. CONDITIONS INFLUENCING PROPOSED DEVELOPMENT Construction of the development will require excavation of the near surface soils. We anticipate that these soils will consist of the medium dense to dense, sand and gravel with cobbles and boulders. Because cobbles and boulders are anticipated, it is our opinion that heavy duty construction equipment will be required to complete the necessary excavations. Due to inaccessibility of the site at this time, exploratory test pits or borings were not excavated or drilled in the proposed development. The anticipated subsurface conditions presented in this report are based on our site reconnaissance, information from nearby soil investigations and our experience with similar locations within the Vail area. When access to the site has been constructed, we recommend that a site specific investigation be performed. We recommend that site specific geotechnical investigations be performed for each building at the time the buildings are being designed. In addition, we recommend that a final subgrade and pavement investigation be performed for the proposed access roads and parking areas. If requested, we can perform the additional investigations. 7 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers _ FOUNDATIONS We anticipate that the materials at potential foundation elevations will consist of either existing fill or sand and gravel with cobbles and boulders. In our opinion, the existing fill will not safely support foundations for structures within the proposed development. Therefore, all existing foundations and associated fill must be removed from the proposed development prior to construction. We believe that the anticipated sand and gravel will safely support spread footings for the proposed buildings within the development. However, because the anticipated natural soils are alluvial soils it is possible that loose, silty sand pockets or layers could be encountered beneath the proposed development. Foundations constructed on these types of soils can experience large differential settlements. Provided that no loose sand pockets or layers are encountered beneath the proposed foundations, it is our opinion that the anticipated sand and gravel will safely support spread footings for the proposed buildings within the development. We anticipate that spread footing foundation systems for the buildings within the proposed development may be designed with a maximum allowable bearing pressure varying from 2,500 psf to 6,000 psf. The allowable bearing pressure will depend on the amount of cobbles and boulders within the building envelope. The maximum allowable bearing pressure can be better defined during the site specific investigations. 8 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers FLOORS The materials at the potential floor slab elevations may consist of topsoil, existing fill or sand and gravel. In our opinion, the existing fill or topsoil will not safely support slab-on-grade floors. However, the natural sand and gravel will safely support slab-on- grade floors with a low risk of movement. The presence of loose, silty sand pockets or layers will have less of an impact on slab-on-grade floors. However, if these pockets or layers are encountered, they should be removed and replaced with properly moisture conditioned and compacted fill. UTILITY CONSTRUCTION Construction of utilities below grade will require the excavation of the near surface soils. We anticipate these soils will consist of topsoil or existing fill underlain by sand and gravel with cobbles and boulders. Because cobbles and boulders are anticipated, it is our opinion that heavy-duty construction equipment will be required to complete the necessary excavations for utilities. Sand and gravel soils without ground water classify as Type B soils in accordance with OSHA regulations. OSHA regulations should be followed in any excavation. 9 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotecl:itical Engineers - SITE WORK General Construction of buildings and access roads may require cuts and fills to obtain the desired grades. Any cut or fill slopes greater than 10 feet in height should be evaluated by a Professional Geotechnical Engineer. Retaining wall systems may be required in some areas to reduce the extent of cuts and fills. We anticipate that on-site sand and gravel may be used in fill areas. Proper moisture treating of the natural soils will be required prior to or during placement and compaction of fill. Surface drainage should be carefully evaluated during design and construction of the proposed development. Slopes around retaining walls and buildings should be graded so that positive drainage is maintained away from these structures. Cut Slopes Any cuts, which are greater than 10 feet in height, should be evaluated on an individual basis. If requested, we can perform the evaluation of these slopes. In general, slopes of 2:1 (horizontal to vertical) up to 10 feet in height should be stable on the subject site, if properly drained. Surface drainage should be carefully designed to divert surface water away from the slopes. All cut slopes should be vegetated as soon as possible after construction. 10 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers Fill Fills over 10 feet may be required for this development. Any fill slope greater than 10 feet in height should be evaluated on an individual basis. If requested, we can perform the evaluation of these slopes. In general, fill slopes of 2:1 (horizontal to vertical) up to 10 feet in height should be stable, if properly drained. Fill may consist of anticipated on-site sand and gravel free of deleterious materials or an approved imported granular fill. No cobbles or boulders larger than 12 inches should be placed in fill areas. Fill areas should be stripped of all vegetation, topsoil, existing foundations and existing fill. The resulting surface should be scarified and properly moisture conditioned and compacted. Fill should be placed in thin loose lifts, moisture conditioned to within 2 percent of optimum moisture content and compacted. The degree of compaction will vary depending on the use of the fill. Retainine Walls Retaining walls may be needed to reduce the magnitude of cuts or fills for development of this site. The types -of walls that are possible on this site are conventional concrete retaining walls, MSE (mechanically stabilized earth) walls, timber crib walls and boulder retaining walls. The retaining walls need to be 11 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01=136 Consulting Geotechnica! Engineers _ designed to resist lateral earth pressures. Lateral earth pressures depend on the type of backfill, slope of ground surface behind the retaining wall, height of retaining wall, and type of retaining wall. We can provide the design, or the geotechnical design criteria, for the retaining walls once the specific site conditions and proposed construction are finalized. SITE DRAINAGE Surface drainage should be carefully evaluated during design and construction of the development. Overall drainage of the site is generally down to the south. Construction areas should be carefully sloped to reduce the possibility of infiltration of surface water into the cut and fill slopes. In addition, slopes around retaining walls and buildings should be graded so that positive drainage is maintained away from these structures at all times. The surface drainage of the development should be evaluated prior to establishing final grades. PRELIMINARY PAVEMENT DESIGN It is anticipated that the roads and parking areas within the development will be paved. Based on the subsurface conditions, it is our opinion that flexible asphalt and rigid concrete pavements are possible. It has been generally found that concrete pavements tend to perform better than an asphalt and base course pavement. The initial 12 August 23, 2001 KOECHLEINCONSULTING ENGINEERS,IIVC. Job No. 01-136 Consulting Geotechnical Engineers costs are generally higher for concrete pavements, however, the long term maintenance costs are less. We anticipate that both flexible pavement and rigid pavement could be used at this site. We recommend that rigid pavement be used in high traffic areas such as entrances or where heavy vehicles (trash trucks, delivery trucks, etc.) turn or maneuver. Two preliminary pavement sections based on high volume traffic and low volume traffic are presented for the flexible pavements. High volume traffic areas are considered to be access roads or fire lanes. Low volume traffic areas are considered to be parking areas. The following sections present design assumptions and preliminary flexible and rigid pavement sections. In order to properly design the required pavement sections, we recommend when final subgrade elevations have been achieved, a final subgrade and pavement investigation be performed. Preliminarv Flexible Pavement Design The design of the preliminary flexible pavement was based upon an Equivalent Daily Load Application (EDLA), anticipated soil properties and the Colorado Department of Transportation pavement design manual. Preliminary design calculations were based on assumed engineering soil characteristics. Based visual observations of the surface soils and review of soil investigations in the area, we anticipate that the subgrade soils will classify as A-1-b soils, as defined by the 13 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers AASHTO Classification system. The preliminary pavement designs are based on the subgrade soils having an AASHTO classification of A-1-b. This soil type will generally have a Hveem Stabilometer R-value ranging from 50 to 75. The R-value was estimated from the AASHTO classification of the soil. Because the R-value of the natural soil was assumed to be 50 to 75, the use of roadbase will not reduce the pavement thickness. However, roadbase may be required to establish a finished grade prior to paving. The EDLA for high volume traffic for residential developments was assumed to range from 10 to 20. The EDLA for low volume traffic was assumed to range from 3 to 5. Two flexible pavement designs, based on 'the above method, are shown below in Table A. These flexible pavement designs include two full depth asphalt pavements. Table A Summary of Preliminary Flexible Pavement Alternatives Traffic Volume Full-Depth Asphalt (inches) Parking Areas 3.0" to 4.0" Access Roads 4.0" to 5.0" Note: Because the R-value of the natural soil was assumed to be 50 to 75, the use of roadbase will not reduce the thickness of pavement. However, roadbase may be required to establish a finished grade prior to paving. Preliminary Rigid Pavement Design A preliminary rigid pavement section was designed using the same values of 14 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers the EDLA and R-value as those used in the high volume traffic flexible pavement design. The Colorado Department of Transportation pavement design manual, along with the above mentioned design values, were used to determine a rigid pavement section. The preliminary rigid pavement design resulted in a design section of 4.0 to 5.0 inches of concrete. FURTHER INVESTIGATION Due to inaccessibility of the site at the time of this investigation, exploratory test pits or borings were not excavated or drilled in the proposed development. The anticipated subsurface conditions presented in this report are based on our site reconnaissance, information from nearby soil investigations and our experience with similar locations within the Vail area. When access to the site has been constructed, we recommend that a site specific investigation be performed. We recommend that site specific geotechnical investigations be performed for each building at the time the buildings are being designed. In addition, we recommend that a final subgrade and pavement investigation be performed for the proposed access roads and parking areas. If requested, we can perform the additional investigations. LIMITATIONS The anticipated subsurface conditions presented in this report are based on our site 15 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers reconnaissance, information from nearby soil investigations and our experience with similar locations within the Vail area. Variations in the subsurface conditions from those assumed in this investigation are possible. Any variations that exist beneath the development generally become evident during site specific investigations. This report presents the anticipated general subsurface conditions and guidelines for planning and design purposes. When access to the site has been constructed, we recommend that a site specific investigation be performed. We recommend that site specific geotechnical investigations be performed for each building at the time the buildings are being designed. In addition, we recommend that a final subgrade and pavement investigation be performed for the proposed access roads and parking areas. 16 August 23, 2001 KOECHLEIN CONSULTING ENGINEERS, INC Job No. 01-136 Consulting Geotechnical Engineers We appreciate the opportunity to provide this service. If we can be of further assistance in discussing the contents of this report or in analyses of the proposed development from a geotechnical aspect, please contact our office. KOECHLEIN CONSULTING ENGINEERS, INC. ~p{t{{PiN~iffttyH .p0 REG~s 4(• • a • s9O'• •4+e ON AVtt Scott B. yers, P.E. Project Engineer Reviewed by: ?,1y - 1-17 ;Vv~ William N. Houlette, P.E. Senior Engineer (8 copies sent) 17 KOECHLEIN CONSULTING ENGINEERS, INC. Consulting Geotechnical Engineers „b Ua' ~rm. ^~..Y'°"^'° p""~ °em'~°c" ~ s,.a"' ~~<.s ^°^acx w@fbi ,~y--°x1x•~ti:.;'Fib~p. 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I ttr~Sh Denver, Colorado 80227 303-986-6658 Consulting Engineering Geologist, Inc. August 16, 2001 KOECHLEIN CONSULTING ENGINEERS 12364 West Alameda Parkway Suite 115 Lakewood, CO 80228 Re: Engr. Geologic Hazard Study, Middle Creek Village at Vail Development, Vail, Colorado. Job No. 564 Gentlemen: In response to your call, we have geologically reconnoitered the site in Vail, Colorado, planned for the Middle Creek Village at Vail Development, which is to incorporate affordable, multi-family housing and appurtenant facilities on about 8 acres. This irregularly shaped tract is located in a part of the S1/2 SE1/4 Sec. 6, T. 5. S., R. 80 W., Eagle County, Colorado, north of the north service road immediately west of the Old Vail/Interstate Highway 1-70 exit, and adjacent to an existing Mountain Bell telephone tower (Fig. 1). It lies at the foot of the northern slope of the west-trending Gore Creek Valley where that slope is breached by a canyon section of the Middle Creek Valley. The ground surface across the property slopes generally southward at about 10:1 (horiz. to vert.) from Elev. 8290 feet to Elev. 8220 feet. The western two-thirds of the property is forested with aspen and scattered evergreens. Some of the latter are quite large. The eastern third of this tract is covered by sagebrush and other brush types. Our objective has been two-fold: 1.) to generally delineate geologic conditions across the property and immediate vicinity, and to evaluate the probable influences those conditions will have on the planned construction, with special reference to geologic hazards, such as landslides, debris flows, and rock falls, that could impede the development of the property; and, 2.) conversely, to assess the probable impact of the planned construction on the natural geologic conditions. An ancillary goal has been to suggest means to ameliorate the risk posed by any geologic hazards that may be discovered. During the course of our work we have stereoscopically examined aerial photographs of the property and vicinity, and have geologically reconnoitered the site and vicinity (on August 15, 2001). Our interpretations of geologic conditions across the site and vicinity are illustrated by a geologic map, Figure 1 (attached). We conclude that the tract to be occupied by the Middle Creek Village at Vail Development is subject to debris flows periodically emanating from the valley of Mill Creek, as well as rock falls from the lower part of the adjacent sector of the steeply inclined, northern slope of the Eagle Creek Valley. We assess the debris flow risk to be high, and the rock fall hazard to be medium. The former risk, we believe, could be substantially reduced one or more of several alternative mitigating measures. These could be selected and designed when the final plans for the project are developed. The latter risk could be reduced materially by hand-dislodging boulders, allowing them to roll down the hill and onto the floor of the debris fan before buildings are constructed on this site. Consultant to Designers, Contractors, Planners R. J. Irish Consulting Engineering - Geologist, Inc. Site Geologic Conditions The Gore Creek Valley has been eroded into the interbedded sandstones, siltstones, shales and limestones of the Pennsylvanian-age (about 325 to 286 million years ago) Minturn Formation by both streams and glaciers. Glaciers repeatedly occupied the valley of Gore Creek during the Ice Age, which began about 2 million years ago, and terminated only about 8,000 years ago in this part of the Rocky Mountains. The glaciers deposited morainal soils across the lower slopes of the valley and both glacial outwash and morainal soils across the valley floor, aggrading it by as much as 100 feet or more. The upper reach of the Mill Creek Valley was occupied repeatedly by glaciers also, as evidenced my multiple cirques at the head of the Valley, and a U-shaped transverse topographic profile that extends down valley to about the Elev. 9800-foot contour. That contour crosses the floor of the canyon about 2 miles upstream from the junction of that valley with the Gore Creek Valley. The morainal soils generally are an heterogeneous, medium dense to dense, mixture of sands, gravels, cobbles, and scattered boulders in a silt matrix. Mostly the soils are granitic rock debris, but include sandstone, siltstone, and limestone debris as well. The permeability of this soil typically is low, on the order of 10'5 cm./sec., but may include lenses of much more permeable sands and gravels. The soils deposited by glacial meltwaters (the glacial outwash deposits) typically are interbedded, medium dense to dense sands and sandy gravels that commonly are cobbley and bouldery. These typically are quite permeable, on the order of !0'2 cm./sec. to 10-4' cm. sec. The morainal soils blanketing the toe of the northern slope of the Eagle Valley adjacent to this property are estimated to range from about 5 feet to 20 feet thick. Since the end of the Ice Age, fast-moving floods charged with soil and rock debris (essentially mud flows) repeatedly have coursed down the Middle Creek Valley, and have deposited their bed loads out across the floor of the Gore Creek Valley at the confluence of those valleys where the Middle Creek Village at Vail Project is to be sited. Those flows are referred to as debris flows. Moreover, many "normal" floods have carried soil and rock debris out onto the floor of the Eagle Valley at this confluence, as well. In consequence, a debris/alluvial fan has been constructed at the mouth of the Mill Creek Valley. It is about 2000 feet long along its toe, and about 1200 feet wide from its apex in a canyon section of that valley to its toe adjacent to Gore Creek. It is expected to be formed of torrentially interbedded loose to dense, sands, gravels, cobbles and boulders in a silty matrix. The soils, granitic metamorphic rock, sandstone, and siltstone debris, are expected to both overlie and interlense with the morainal, alluvial and glacial outwash soils underlying the floor of the Gore Valley. These fan soils probably range to several tens of feet thick across the center of the fan. The permeability of these debris/alluvial fan soils probably ranges widely, due to a widely ranging "fines" content, from an estimated 10'3 cm./sec. to 10'5 cm. sec. The groundwater table in these soils probable lies about 15 feet below the ground surface at the southern edge of the property, but probably is much deeper in the head area of the fan. The interbedded, fine grained and fine to coarse grained sandstones, siltstones, shales and microcrystalline to very fine grained limestones of the Minturn Formation crop out sporadically across the foot of the northern slope of the Gore Creek Valley adjacent to, and within the 2 R. J. Irish Consulting Engineering Geologist, Inc. canyon section of Mill Creek Valley. These are relatively well indurated, strong, hard rocks. Their unconfined compressive strengths, we estimate, range from about 10,000 psi to 15,000 psi for the sandstones and siltstones, 25,000 psi to 30,000 psi for the limestones, and 5,000 psi to 8,000 psi for the shales. The shales are only poorly fissile. These strata are thin to thick bedded, and their near-vertically dipping joints typically are several feet to 10 feet apart. The beds strike north-northwestward and dip about 250 west-southwestward, thus nearly parallel to the contours of the valley slope, rather than out of the slope. These rocks, including the sandstones, have very little, if any, intergranular permeability, but ground water undoubtedly flows along some of the joint planes. No faults are known to us to disrupt the bedrock strata underlying the project area, but several have been reported in the vicinity. These are believed to be inactive. Assessment of Geologic Hazards Debris flowage is the principal geologic hazard attendant to the Middle Creek Village at Vail site. In fact, this site effectively spans the upper sector (i. e., uphill sector) of the debris/alluvial fan, thus could be flooded if a debris flow or "normal" flood should leap the banks of the channel of Middle Creek at the apex of the fan at the mouth of that valley. A debris fan is deposited by multiple debris flows, which are high-energy flows of surface water charged with soil and rock debris. The flow is debouched from a steep-floored ravine onto the floor of a main valley, where its bed load is deposited to form part of a fan-shaped deposit, the debris fan. Typically a debris flow is initiated by localized, high intensity rainfall that quickly washes loose soil and rock from the catchment area of a ravine or canyon. This debris is carried essentially as a mud slurry. Commonly the debris flows and the companion flood flows abandon the channel occupied by the creek on a debris/alluvial fan, spread out across the fan surface, and even create new channels during some events. These flows, both debris and "normal' flood flows, can seriously damage or destroy buildings and their infrastructure, as well as harm the occupants of those buildings. We assess the risk of debris flows from the Middle Creek Valley to be high' during the lifetime of the project, although we cannot predict their average recurrence time interval2. That recurrence time interval is likely to be quite erratic. Their volumes could range from small to quite large because the drainage area of Middle Creek incorporates about 6 to 7 square miles. The high risk posed by debris flows, as well as by "normal" floods, could be reduced by one or a combination of several mitigating measures. The designs for these could be incorporated in your final development plans. Additionally, debris fan soils tend to be subject to differential settlement when wetted, but the potential impact of this can be moderated by foundation engineering practices well within the state-of-the-geotechnical engineering practice. ' Our assessment of risk is couched in qualitative, empirically-derived terms (high, medium, and low). The state-of-the-geologic-art does not permit a rational quantitative analysis. z An experienced engineering hydrologist should evaluate the risk of "normal" flooding. 3 R. J. Irish Consulting Engineering- Geologist, Inc. Large and small boulders of granitic rock and limestone are scattered across the steeply inclined surface of the foot of the valley slope overlooking the eastern half of the project area. Most of these appear to be embedded in the morainal soils that blanket that area, but a few appear to be perched on top of that ground. Both could be dislodged by slopewash erosion, thus could tumble down into the project area. We consider the risk of such an event to be medium during the lifetime of the project. That risk could be reduced substantially, we suggest, by dislodging the exposed boulders by hand, utilizing a steel bar, and allowing them to fall onto the surface of the debris fan down slope before any buildings are constructed on this tract. The area to be serviced extends from the northern side of the fan surface up to a terraced section of the slope about 150 feet in elevation above the fan surface, and from the eastern side of the property to the eastern side of the mouth of the Middle Creek Valley. Boulders perched on, and partly embedded in the morainal soils across the toe of the Eagle Valley slope west of the mouth of the Mill Creek Valley may be dislodged naturally from time to time and roll down the slope, but they should not travel into the western section of the planned development area. Instead, they are likely to be trapped in the channel of the creek, which traverses along the toe of that slope. Any that may skip over that channel, however, should be trapped by the dense brush and aspen west of the Mountain Bell tower, or impeded by the tower buildings. The soils and rock underlying the Eagle Valley slope in the vicinity of the planned development site appear to be relatively stable. We observed no landslides there or ground surface cracks that might presage landsliding. The granular soils of the shallow sloped debris/alluvial fan do not evidence instability or incipient instability. The 40-mile long Gore Fault, a major mountain-bounding structure on the western side of the Gore Range, lies about 4 miles east of the project site (at its closest approach); the 50-mile long Mosquito Fault lies about 12 miles to the west; and the 25-mile long Sawatch Fault terminates (at its northern end)'about 24 miles south of the site. Some seismologists consider these 3 faults to be potentially active; but most seismologists, nonetheless, consider the risk of a strong earthquake generated by those faults or any other fault within a hundred miles of the project site to be low to insignificant during the next 100 to 200 years. This is not to say that this part of Colorado is seismically quiescent, but the earthquakes generated by the reactivation of faults in this region should have small magnitudes. Earthquake intensities of V to Vl, with peak accelerations of 0.058, we conclude, are unlikely to be exceeded at this site during the life of the project. So long as the construction of the planned buildings and appurtenant facilities does not materially change the existing ground conditions of the natural soils and/or bedrock, slope stability should not be impaired. If cuts or fills in excess of 5 feet high are needed, however, they should be designed by a geotechnical engineer experienced in that work. Ponding of water on the debris/alluvial fan slope, of course, should be avoided because seepage water from a pond could build pore water pressure in the debris fan soils, thus could trigger ground movement. 4 R. J. Irish Consulting Engineering Geologist, Inc. Otherwise, the construction as planned should not increase the geology-related hazard to other property or structures, or to public buildings, roads, streets, rights-of-way, easements, utilities, or facilities. We have appreciated the opportunity to work with you on this project. If you have any questions, please call. Yours truly, Robt. James Irish, P. G. Consulting Engineering Geologist 5 August 23, 2001 KOEC/ILEIN CONSULTING ENGINEERS, INC. Job No. 01-136 Consulting Geotechnical Engineers APPENDIX B PREVIOUS GEOLOGIC HAZARD STUDIES 3036707162 ODELL ARCHITECT PAGE 02 DEBRIS FLOW AND ROCKFALL HAZARD ANALYSIS iV1UUN tFl'IN BELL S11 L f j VA L,.COLORADO Prepared For Mr. Duane Piper Prepared By Arthur I. Mears, P.B., Inc. Gunnison, Colorado Novcmber, 1992 nor nor aGGI C77: L4 SC-3b(47(lb.. UVLLL ARCHITECT PAGE 03 1 SUMMARY AND RECOMMENDATIONS The fo)lowing surnrnarizcs the findings of this study and provides recommendations. Additional detail is given in Sections 2 - 4 of the report. ROCKFAU Rockfall is not a potcntial hazard to the proposed development as shown on a conceptual site plan prepared on 3-19--92 by Alpine International. This conclusion is based on the following observation!;: a. P.ockfall source areas do not exist above the easterr. portion of the proposed development (the "East Parcel"); b. Although rockfall may occur above the "West Parcel" it will consist of moderate-sized, rare rockfall events that will not reach the proposed building. DEBRIS FI.ONVS Debris flows will not affect the East Parcel but c n overrun t c West Parcel. This conclusions are based on the following observations: a. The East Parcel is not in line with debris flows; a b. The West Parcel is located on an alluvial fan produced by debris low deposition as evidenced by 1) granite boulders 1 - 5 feet long on the surface, 2) depositional lobes 5 feet high, and 3) a large source area; c. The flows may be deep as they are channelizcd through the canyon eroded into the bedrock directly above the site. RECOMMENDATIONS The following recommendation alternatives are based on the conclusions outlined above and on my experience with the debris-flow process in Vail and at other locations: a. Avoid construction on the West Parcel; or . b. Design structures on the West Parcel for impact and depositional forces ftorn debris flows; or c. Proceed Nvith the development plans as shown on the 3,-19-92 conceptual study, build no mitigation, and accept the risk of flows with retum periods of approximately 300 - 1000 years that would darnaoe structures.' l YidUt ULMtLL AKt;HlltLi ZD02 V 13 r1t1 p JMUf+47,c: ks yNA 1370 46 004 TBC<RACnH 4 f _ US West Wireless LLC Irerra n 1 4301 E. Colfax Street, Suite 314 301 N Howes • 11.0. a" 503 Denver, Colorado 80220 FoA cO&S. rdo3W eos21•0603 (970) 4$4.4350 Fax- (970} 04{454 i i Attn: Mr. Jason Little i Re_ Geologic Hazard Investigation (Revision I) 1 US West Cellular Site, MTN-108 Vail, Colorado Terracon Project No. 25985148 Dear Mr, Little, As requested, Terracon has completed a geologic hazard investigation for the above referenced site. it is our understanding that the existing US West building and tower are to have a small addition placed on the north side of the existing facility. The addition is to be a 15 ft, by 16 ft. equipment shelter that will be located at the northeast comer of the existing facility. On June 11, 1998 an engineering geologist from Terracon performed a site reconnaissance and reviewed the city of Vaii's debris f}ow and rock fall hazard maps. 'T'he site is located in the southeast quarter of Section 8, Township 5 South, Range 80 West on the north side of Interstate 70, The site slopes moderately to steeply to the south. A creek flows out of a narrow canyon that issues from the mountains just north of the site, _ The creek bends around the west side of the US West taeility. A child care facility is 1 located east of the proposed facility. The existing US West facility is a multi-story concrete ! structure with an existing tower. " A concrete water diversion swale was noted around the i north, east, and west sites of the existing building. 1 The site is located on Quaternary (Bull Lake) age alluvial fan deposits. The deposits are poorly sorted mixtures of silt, sand, gravel, cobbles, and boutders. The gravel to boulder i clasts are subanguiar to subrounded and do not appear to exhibit a dominant direction of orientation. The bedrock underlying the Quaternary deposits is'the Pennsylvanian Mintum ' Formation. 'The Mintum is comprised of red to pink interbedded units of sandstone, conglomerate, shales with some carbonate deposits. The Minturn strikes towards the north and dips approximately 150 to the west, Outcrops of the Minturn Formation were observed approximately 30D to 400 feet north of the US West facility near the mouth of the canyon from which the stream issues. i The city of Vail debris flow and rock fall hazard maps show the US West site being situated between rock fall hazard zones and east of the debris now hazard zone. The rock fat) hazard zones are mapped as being on the west side of the stream, and directly adjacent to the east side of the site. Based on the hazard maps and our site reconnaissance, it is our opinion the proposed addition is not located within either of the Arizona a Arkansas W Cdwatlo • 1Oo 11 Wds 1 lewd ss Kona" 4 NltMesoW 9 MMWA ¦ PArb a Nsbrasu r Nevsds a NawAi0*0 M No2h0aimis r oklah&rw ¦ renvwwaaa ¦ Tow M LIM a w4vorwrl s wyoning Quo ft engkaad"o SIXN 1DU PAGE ~~b dH36777162 OPELL ,APCHITECT rc+: d ! "L~hl U'~: 14 TMMACON vfi1J/Nt/ Aiuf 2:5:44 i~AA 97V 4B4 Ei4iii i ' two rock fall hazard zones which are adjacent to the site. The debris flow hazard map identifies this hazard zone as closely following the existing course of the stream. It is our opinion that the entire alluvial fan upon which the existing facility and the proposed addition are located could be included In a debris flow hazard zone. However, because the stream is incised into its channel and the existing facility has diversion structures in place, we believe the risk of debris flows affecting the facility is minimal. Also, the proposed addition ' Wit be an unoccupied storage shed, from economic and engineering perspectives, it does not appear that corrective engineering or mitigative procedures are won-anted for the addition. It. is also our opinion that the construction of the 15 by 16 foot addition will not increase the geologic hazards to other structures or properties. No evidence of other geologic hazards such as landslides, soil creep, or other forms of mass wasting were observed during the site reconnaissance. 'Me analyses and recommendations in this report are based upon visual observations performed at the location. The sco of services for this project does not include any geotechnicai recommendationz in regards to- particular construction methods or procedures which may be required t build in this particular geologic setting. if the client is concerned about the geotechnice aspects of the project, it is suggested that a full geotechnical soils investigation be pe ormed, We appreciate the opportunity to wor with you on this project. If you have any questions conceming this report, or if we may of further service to you, please do not hesitate to i contact us. i i Sincerely, PEE TERRACON .e Reviewed: ~~•`r~'~~ 10006 .t~ ' AIPG i Doug Leafgren, C.P.G. 0Z r9 u, All ,loam J. Attwo , RE. Engineering Geologist ' ~D rc s K Office Manager Copies to: Addressee (Z) i~c~+~? ~+awtb dt4' 4 ' coo; [ SJ ~~~1 t~~: 1 ib ib 187162 ODELL ARCHITECT PAGE 06 Nicholas tampids, Ph.D. COmLnNa GEOLOGIST 0793 VAUZY ROAD _ - CARSON DALE,.COLORADO 85623 ( 9933800(24 HOURS) M*ty 28, 19171D t-lolly F;tct:her•far•dr nirectar ABC Schoral 129 N. Front-age Rmaid Vz,i 1 , CO. 81658 RE- Ftor- kfaIl E valuation 17aar- Ms:. R<utherford: I hz*ve visited the site or. your school #%nd n0t•ed tiie area -for plannad e;(pansion on the north ride Of thrr e;:i:at ISM structure. The proposed addition ins shown under separate rwuvr~r . I have inlso noted the position of the sr:hot;)]. with reericlct to the geologic rocklall hazard mapping that. :1 prodtrced •fc.;r the Town o-f Vail it) 1994. The school i s sl- iown wi t?! x r) the category, o•f. "moderate rock•falI hezasrd but on detaiI -Rd in paction i bwlic>:vw that the l1nc :howld tae amended to show that your ;:,ehool and its; proposed addition .ssrel not tvit:hin A rockfzll hazard 2onrr. I SUbmittud an over-Lay tz the Le~nrninrj Tree school in 11 996 which showed a new west boundary o~ thea mappad ha: and cone farther to the east and therefore riot i.nc l udin'g your school. I dry, however, find that t iierQ "'S douris flow hazard to the school. This can, ansd should, be mitigated as wen discussed in thcs •f;.eld last week. by extending and perhapsi gadding to the 6,.isting law, linear rocky hillside, nnr•thwe!at of the aahcol, which was 4ormi:d by a previous debris flora decades ago. The 1,Atton can be extended to a point part raaky to the steep, hillside beyond the school to provide protract ion to the e"".,i :sting bui l ding and the proposed addition, or it c ail be extended all -the way to the steep hillside, thereby Pr-ot:ecting tha playground areas ncarthvaii•t of the school c•,s well . The conf i gura•ti on of the berm i n ei thEr case shOUI d be e?st.ab:lished in the field in concert with your architect, but can be aptPacted to have a finished ne7t'vertical re•lie•f on it. WQ%t MidO o•f &bLILIt 8 to 10 feet. +;a; t.i,r 2r~1 U'3: 24 303570 7162 ODELL ARCHITECT PAGE 07 In the -for m*r case, debris would tie fcjr'ced to f 1 ow around the srhoo1 and thts proposLad xdditi on to both ui des; ir. t:hP 1 attar Casio,, all 'the debris would be forced to flow betwpen the s;.tbjt"Ct property and the Mt. kt.ll. ingstAl.l.at:.in" ti^ the voes.t:. They are probably aware o•( the pot-ential t'ic3'.".ard bF.'.cat.,Ase himay rIavci bul1.t a concretes ditch and tn t1 r.. •f 1 t: ' is ~ ~ e! ;r. c; ,~r•-(:1j• .E.C t: tni.i,r prt:tpprty, but I am riot c;.rinvir1Gi; d that: what t.h's h yr ,'.r.3t1?t;'truct'.ed will PI-Ovids ii-. tr.i.,7 evwrltr (;,.r a large deb:-i!3 f1c?W emanating 'fr'om the gol.1v tc. t'.-,-: rc: rth. -rtz~:p two c.l'jaice, for' mitigating debris +1c.-to ha: rlr-d gat: you:_ site that I hdtvw described will nat. inr_•roiAsr )r- to other nropwrty or structurms, or, to pt-ibiis t%tildin,ys, right-3w of"way, roads, streets,- E:asernents, ut;t'titioi6 of f~._ 11 C1C?!i or other properties of any kind. If tht -re art-,: 'et.trthE-'Ir puesti (ares, Please dry not hefs i t.--At _ tv c k.~n $16U,W _1_ Mr -1. i tnreare). y , NeicI Ias- t_;ii phis Con _,t_r.l.ti nq Soulc.,;1i Hazard. Areas Mountain Bell Site _ Key Debris Flow n High Hazard Debris Flow - - _ 7 Moderate Hazard Debris Flow High Hazard Debris Avalanche r 'f Rockfall Approved MJUgation High Severity RocktaN Medium Severity Rockfall R .7 I /,VTownBoundary UNPIATTEO'; y,. f ~J Ifio MOV ? ~..rl / 149 ABC BCHOOt N7AW BELL L= akw.vr ieGSBnw rr _ .I _..uoNSNEi1D-._._ - NTAGEI 1 , - _ •OINT ri i {f. I I PARKING STRUCTURE ~ ~-j ~ - 1 2 VAIL INTERNATIONAL/ 509 396 i - - EXIT 178 ~ I r~ r V .125/-. - VAIL VILLAGE t EVERGREEN .-*COMMUN[T9' VAIL 2~1 008SON 2 pEVELOPMETgT ICE ARENA 259 ! I 621 _ i ST LIONSIIEAD LWrJ.E ' 5 111 r .p 7 TRO I) 321 .`MUNICIPAL OFFICES ONSHEAO 30D I •'t ` - _ S. O 75 - ! %RCADE Nr~r~AD~ _ r.~ j 8 -D. _ kkj~ iY 3 r^-' r TREETOPS LODGE AT ~ '6D J I 31 _ 6 UONSHEAO LIBRARY VAIL VALLEY _ l,VVE$T$TAK7 . _ 5 1p F ? MEDICALCENTER BANK f SCORPIO -T'---~ r J(J//`~r'\ ONSHEAD 6 ~ TRACT) 292 Y 281 E l+' ~ ,j D•1 i` ~ ENTER tetra#' - A 1 l+ 161 { 131 S L'-r - - - CHATEAU AT PAIL ALPINE 9 NOARd ~wAY N>VP N4T TO SCALE , J ? HOUSE f ALPItORN C r 272 13 A A N 186ead W the Of ldd Town of van , ' . - 141 j a i 12 1 PACT O UNPLATTED J! TRACTB W'FS7 MtAfX1W DR 26 RecWaa and Oebrk ibW - r 7 J 1i 1 2 H01.10AY, Adopted by CWAnA TRAf,7 R i • 232 142 121 HOUSE I 1.. l Reeollrawr No. 13. Seri- of 17990 i ' October 17, 2M Pro6rcW by lie To not Vail i...__._~._.._...... Cgfi vy Davatepwca Dgmr111 TOWS A.Vw 23, 7901 Appendix 1: Environmental Impact Report Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 F s i tWART ENVIRONMENTAL CONSULTANTS, INC. Consulting Engineers and Scientists Office & Laboratory: 3801 Automation Way, Suite 200 Fort Collins, Colorado 80525 (970) 226-5500 FAX (970) 226-4946 stewart@webaccess. net Environmental Impact Report for the proposed Middle Creek Village Vail, Colorado Prepared by. Stewart Environmental Consultants, Inc. Consulting Engineers and Scientists Fort Collins, Colorado August 2001 TABLE OF CONTENTS Page 1. INTRODUCTION 1 II. PURPOSE 1 . III. PROJECT BACKGROUND AND DESCRIPTION 2 Site Concept 2 Building Concept 2 IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY 3 Location 3 Zoning 3 Site Usage 3 Hydrologic Conditions 3 Geologic Conditions 4 Biotic Conditions 4 V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS 5 VI. OTHER ENVIRONMENTAL CONDITIONS 7 A. Land Acquisitions and Displacements 7 B. Land Use and Zoning 7 C. Visual Conditions 7 D. Air Quality 7 E. Noise 8 F. Light Pollution 8 G. Flooding 8 H. Navigable Waterways and Coastal Zones 8 1. Traffic and Parking 8 J. Energy Requirements and Potential for Conservation 8 K. Construction 9 L. Aesthetics 10 M. Community Disruption 10 N. Secondary Development 11 0. AGENCIES AND PERSONS CONSULTED 11 VII. SUMMARY 11 VIII. ASSESSOR QUALIFICATIONS 14 FIGURES 1. Location Map 2. Aerial Photo 3. Site Map 4. Photographs APPENDICES A. Eagle County List i I. INTRODUCTION Odell Architects, PC retained Stewart Environmental Consultants Inc. to perform an Environmental Impact Assessment of the proposed Middle Creek Village development. The property is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi-family housing constructed on a 6.5-acre site owned by the Town of Vail. The purpose of the project is to provide affordable housing for people currently employed in Vail, who are presently living in or near the community. The project owner is Coughlin and Company, 140 East 19t' Ave., Suite 700, Denver, Colorado 80203-1035. The site location is depicted on Figures 1 through 3. Photographs of the site are provided as Figure 4. II. PURPOSE The purpose of performing the Environmental Impact Assessment is to achieve the following objectives: A. Availability of Information: To ensure that complete information on the environmental effects of the proposed project is available to the Town Council, the Planning and Environmental Commission, and the general public. B. Environmental Protection A Criterion: To ensure that long-term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. C. Review and Evaluation Procedure: To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. D. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in geologic hazard areas, by way of illustration, flood plains, avalanche paths, rockfall areas, where such hazard cannot practically be mitigated to the satisfaction of the Planning and Environmental Commission and the Town Council. E. Protect Water Quality: To ensure that the quality of surface water and ground water within the Town of Vail will be protected from adverse impacts and/or degradation due to construction activities. [Ord. 37 (1980) 10: Ord. 19 (1976) 14: Ord. 8 (1973) 16.100] 2850-001 Environmental Impact Report Page 1 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. III. PROJECT BACKGROUND AND DESCRIPTION Site Concept The initial conceptual design approach for Middle Creek Village housing is meant to reflect a new model of multi family housing in mountain communities. The site parameters and community context were the prime motivators for the layout of the buildings and parking; however, the solution incorporates some planning principles of a more "urban" nature. The buildings are arranged around a pedestrian oriented "street" which creates an axis running east to west across the site. The "street" rises to the center of the project, following the contours of the site. Entries into individual units as well as project amenities will occur along the path, and it is envisioned to include both hardscape and landscape areas. The pedestrian street will be an active place reminiscent of other village centers in the community. Encouraging the use of alternate transportation, our team proposes to work with the Colorado Department of Transportation and the Town of Vail to create a project specific transit stop, as well as develop pedestrian and bicycle access from the site into town. These are accessible to the residences along a central pedestrian spine that runs down the hill and through a two-story opening in the center building, ending at the proposed transit stop. Given that a large segment of the market for this project will be seasonal employees, our team believes the daily use of the automobile can be minimal. Consequently, the relationship between the car and the building is downplayed in our solution. Separating vehicle parking from the buildings allows the project to create a pedestrian oriented "village" character and allows the buildings to be sited closer together, thus visually reinforcing this image. This is similar to the exterior pedestrian spaces created by the architecture at areas such as Bridge Street in Vail Village and Lionshead Village. The siting of the parking areas behind the buildings will also help shield views of the lots from the frontage road and from across the valley. The Early Learning Center has been sited to the far eastern edge of the site, but is easily accessible from the residences on the loop road. This configuration provides a nicely separated site for the children's facility. The overall site concept adheres closely to the existing contours of the site. The buildings rise and fall across the length of the site with the terrain, creating an undulating profile that further reinforces the "village" concept. Buildina Concept Further reinforcing the "village" concept, the buildings are designed as three separate building types. All the buildings will be one unit deep, creating cross flow ventilation and economy of construction. There are no enclosed walkways or stair towers, as the site allows the majority of units to be accessed at grade. Internal floor plans will develop stacked plumbing cores, and the mix of units will be designed to minimize structural offsets and maximize construction simplicity. Each of the six residential buildings includes a one-story element on the end which houses laundry and storage facilities for that building. The building orientation creates maximum 2850-001 Environmental Impact Report Page 2 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. southern exposure for everv unit. The fact that the buildings are simply one unit deepcreates excellent opportunities for flow-through ventilation. Our proposal will incorporate highly efficient mechanical and electrical designs. We believe on a scale of zero to five our development will achieve a five, or the highest efficiency rating available. Since all units are accessed from grade or a small stair, there are no interior corridors to heat or cool, further enhancing overall energy efficiency. Please refer to our preliminary LEED evaluation in Section VW for additional information on energy and sustainability. The overall character of the building design is meant to reinforce the "village" concept, with varying building types, massing, and styles creating a cohesive whole. Stylistically, we will incorporate the tradition of Vail Valley architecture while maintaining an economical design. This can be achieved by the judicious use of distinct design elements throughout the project. In a cost sensitive project, forms may be simple, but the sensitive use of massing, scale, and rhythm can create an architecture that is respectful of, and complimentary to, the surrounding architecture of Vail Valley. The exciting architectural design and pedestrian street space will create a of choice for potential employees. IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY Location The subject property is an irregular shaped, approximate 6.5-acre mountainside site; its location is described as a part of the South Y2 of the Southeast % of Section 6, Township 5 South, Range 80 West of the 6t' PM, Town of Vail, Eagle County, Colorado. The property adjoins the existing Mountain Bell property located north of the 1-70 North Frontage Road. Zoninq A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned "G" (General). The proposed project will require rezoning the 6.5-acre site to the designation "H" (Housing). Site Usaae The property is owned by the Town of Vail. Onsite development includes two small wooden structures presently housing early childhood learning centers. They are located directly east of the offsite Mountain Bell structure. Site development plans call for demolition of the two early childhood learning facility structures with construction of a new learning center at the southeast portion of the site. The remainder of the site is undeveloped open land except for the existing road and parking area that serves the off-site Mountain Bell facility and the onsiteearly learning facilities. The proposed use of the property was described in Section I, above. Hvdroloqic Conditions No surface bodies of water are located on the proposed project site. Onsite surface drainage is mainly via sheet flow and is generally southerly, although the western portion of the site likely drains to Middle Creek, located off site just to the west of the entry road. A man-made drainage 2850-001 Environmental Impact Report Page 3 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. channel adjoins the eastern side of the Mountain Bell structure. Soil and drainage issues are described in reports provided under separate cover by Koechlein Engineering and Peak Land - Consultants, Inc. Geologic Conditions A geologic report by RJ Irish, Consulting Engineering Geologist, Inc. is provided under separate cover. Biotic Conditions Ecologically, the property is located in the Montane Zone at elevations of approximately 8,220 to 8,300 feet above mean sea level on a southerly aspect. Regarding plant communities, the site is described as complex as it contains elements of several communities. These include Montane Grasslands and Mixed Mountain Shrubland located on the eastern portion of the mountainside with Aspen stands occurring at the southeastern portion of the site. These communities include representatives of most of the life forms of the plant kingdom including ferns, grasses, forbes, shrubs, and trees. Native and non-native vegetation is present including invasive species of noxious weeds. The western area of the property is mainly Montane Riparian Forest dominated by Narrow-leaf Cottonwoods (Populus angustafolia) and a scattering of Thin-leaf Alder (Alnus incana) and Aspen (Populus tremuloides). Presence of Aspen as well as species of invasive weedy forbes indicate the likelihood of past disturbance such as fire. Climax community species such as Colorado Blue Spruce (Picea pungens) are located off site higher up-the Middle Creek drainage, but Blue Spruce and other climax community trees were not observed on site. Wildlife uses the site; large mammals including deer and elk browse on the Serviceberry and Current located in the Mixed Mountain Shrubland Community. Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden-mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and/or inhabit the site. Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site. Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Interstate70 and development adjoining the south side of 1-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1-70 to its confluence with Gore Creek south of 1-70. No known threatened or endangered species of plants or animals have been identified at the site. However, no onsite surveys for such species are known to have been performed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants, and plant communities found in Eagle County. A copy of the Eagle County list is provided in Appendix A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review" of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities, and animals within a specified radius of the subject property. The review will report the status of these communities. Middle Creek, a relatively pristine stream that likely contains Native Cutthroat Trout, traverses the adjacent property to the west of the subject site. The creek flows out of a saddle located to 2850-001 Environmental Impact Report Page 4 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. the north upslope from the site. It flows southerly down slope, jogs west around the Mountain Bell building, and then flows southerly for approximately 150 feet paralleling the west side of the entry road to Mountain Bell. It enters a culvert beneath 1-70 and the associated frontage roads and flows through the culvert south of I-70 to its discharge point into Gore Creek south of the interstate. Gore Creek flows westerly to its confluence with the Eagle River near Mintum. The existing creek channel may not be the historic creek channel. Stream modification (channelization) appears to have been conducted upstream of the culvert adjacent to the entry road. This 150-foot reach is likely the closest location of the stream to the subject property. The stream bank, as well as its associated vegetation, appears disturbed along this reach. Observed vegetation was mainly upland in nature with both native (Western wheat grass- Agropyron sp.) and non-native species of grasses (brome-Bromus enurmus), as well as invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off site from the subject property, a riparian corridor of wetland vegetation adjoins the stream channel. Adjoining the east side of the entry road, adjacent to its 150-foot north/south orientation, is a Narrow-leaf Cottonwood (Populus angustifolia) community. This species is referenced in the U.S. Department of the Interior, Fish and Wildlife Service publication, National List of Plant Species That Occur In Wetlands: Intermountain (Region 8). Its indicator category is listed as "Facultative", which is described as "Equally likely to occur in wetlands or nonwetlands (estimated probability 34%-66%). The presence of this community may be due to a former location of the stream channel or may be due to high groundwater conditions existing near the stream channel. The Narrow-leaf Cottonwood Community continues to the north (off site) and south (on site) of the entry road after the road turns east. Figure 4 Photographs, page 2, depicts the entry road along its east/west orientation with the Narrow-leaf Cottonwood Community adjoining both sides of the road. The presence of this community is an indicator of the potential existence of wetlands; it does not necessarily confirm their presence. Actual wetland existence can only be determined by performing a wetland assessment, which not only considers vegetation type, but also investigates other factors including the presence of hydric soils and wetland hydrology. Montane Environmental Solutions of Vail, Colorado is presently investigating wetland issues at the site. A letter regarding the status of their investigation is provided under separate cover. V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS The proposed Middle Creek Village will impact plant and animal communities presently inhabiting the property. Site development including earth moving activities and building/parking lot construction will strip a majority of the existing native and non-native vegetation and displace wildlife from the approximate 6.5-acre site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east, and west contain vast square miles of similar plant communities, wildlife habitat, and wildlife species. The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat. 2850-001 Environmental Impact Report Page 5 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. Landscaping including grass, shrubs, and trees will cover a minimum of 30% of the developed site. Middle Creek Village will be sensitively integrated into environmental surroundings. Birds, insects, and possibly small mammals will utilize the landscaped areas, which will mitigate some habitat loss. The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife-- particularly large mammals. Increased human presence and reflected light may influence adjoining habitat use. Adjoining property is private so that residents of the village should not be using adjoining properties. Human/bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. As previously referenced, drainage issues are addressed in a report under separate cover. Montane Environmental Solutions is performing a wetland assessment. As previously referenced, a potential exists for the existence of jurisdictional wetlands in the vicinity of the Narrow-leaf Cottonwood Forest located adjacent to the existing access road. The presence of this community is an indicator of the potential existence of wetlands; it does not necessarily confirm their presence. We recommend performing a wetland assessment conforming to US Army Corps of Engineers (The Corps) guidelines. If on-site wetlands are identified, several alternatives are available. These include: 1) establishing development setbacks from the wetlands 2) wetlands can be taken through the 404 Permitting process and replacement performed to mitigate the loss or 3) if the wetlands are below minimum surface areas established by the Corps„ they may be removed and built upon. If on-site jurisdictional wetlands are identified, The Corps is the agency regulating such matters. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek lies north and west of this area. Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. 2850-001 Environmental Impact Report Page 6 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. VI. OTHER ENVIRONMENTAL CONDITIONS A. Land Acquisitions and DisDiacements The impact is "Generally Not Significant". Approximately 6.5 acres of land is required; the developer/project owner is Coughlin and Company, 140 East 19th Ave., Suite 700, Denver, CO 80203-1035. The Town of Vail owns the land. It is proposed that the Town of Vail will lease the site to the developer for a 53-year period at which time the property will revert to the Town. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished, and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. If the inspection identifies asbestos-containing materials, regulations require their removal prior to demolition of the buildings. No minority communities, households, or minority-owned businesses are located on site, and therefore, will not be impacted by any potential negative environmental concerns such as noise, air, or water pollution; or from the construction of the facility. B. Land Use and Zoninq The impact is "Generally Not Significant". A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing). C. Visual Conditions Parking areas will be located behind housing thereby shielding it from view from the Town of Vail. Overall project form and massing is in character with existing Vail Village. The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. D. Air Qualitv The impact is "Generally Not Significant". The project will conform to all applicable local, state, and federal air quality regulations and standards, including, but not limited to those regulating odor, dust, fumes of gases, which are noxious, toxic, or corrosive, and suspended solid or liquid particles. 2850-001 Environmental Impact Report Page 7 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. Fireplaces will not be installed in the development thereby eliminating wood smoke. There will be no balconies or decks that would provide space for grills or barbecues. There may be a grill - in a public area of the complex. The Middle Creek Village project is designed to discourage vehicle usage and encourage other modes of transportation such as buses, biking, and walking. TDA of Colorado performed a transportation impactlanalysis regarding the proposed Middle Creek Village. Their report is provided under separate cover. The report indicates that the impact of traffic generated by the proposed project will be "Generally Not Significant". E. Noise The impact is "Generally Not Significant". Stewart Environmental identified no noise-sensitive land uses on adjacent properties. The proposed site is located adjacent to the north side of 1-70. The noise from the interstate is far greater than any that would be produced by the development. F. Liaht Pollution The Middle Creek Village development will have minimal light trespass from the residential buildings. G. Floodinq The impact is "Possibly Significant". Peak Land Consultants, Inc. addresses flooding issues in a report provided under separate cover. H: Navigable Waterwavs and Coastal Zones The impact is "Generally Not Significant". The proposed site is not located near or affected by a navigable waterway or a coastal zone. L Traffic and Parking The impact is "Generally Not Significant". TDA of Colorado performed a traffic study. Their report is provided under separate cover. J. Enerqv Reauirements and Potential for Conservation The impact is "Generally Not Significant". The proposed project is expected to result in energy conservation. The Vail Affordable Housing Project, Vail, Colorado incorporates principles of sustainable design and utilizes design strategies to reduce its energy and environmental impact. The U.S. Green Building Council's 2850-001 Environmental Impact Report Page 8 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. Leadership in Energy and Environmental Design (LEED) rating system is here used as a _ preliminary sustainable design measure of the project. As it is currently written, LEED version 2.0 is a system designed to rate new and existing commercial, institutional, and high-rise residential buildings. It specifically rates low-rise residential projects. The USGBC is currently developing a residential version of the LEED rating system. Nevertheless, the sustainable design principles embodied in LEED v. 2.0 serves as useful goals, guidelines, and measure for sustainable features of the Vail Affordable Housing Project. The LEED rating system consists of seven prerequisite criteria and 32 user-selected criteria organized into five categories: • Sustainable Site Development • Water Efficiency • Energy and Atmosphere • Materials and Resources • Indoor Environmental Quality LEED is a voluntary, consensus-based, market-driven building rating system based on available proven technology that evaluates environmental performance from a "whole building" perspective over a building's life cycle. The following preliminary LEED analysis incorporates input from the design team to more accurately evaluate the conceptual design of the Vail Affordable Housing Project. K. Construction The impact is "Generally Not Significant". Construction of the Middle Creek Village is anticipated to commence in March 2002 and will last for approximately 18 months, therefore any construction impacts will be temporary and of short duration. All construction staging will be located on site and construction activities predominantly will be confined to this site. Contractors will be required to obtain the necessary permits and comply with all relevant town, state and federal regulations regarding construction and safety. Potential construction impacts are described below. Noise No noise-sensitive land uses are located on adjacent property. Construction hours and noise levels will comply with the Town of Vail policies. Disruption of Utilities It is anticipated that there will be no disruption of utilities, and therefore no significant impact with this activity. Construction of all utilities to serve the site will be contained within the proposed site. Disposal of Debris and Spoil 2850-001 Environmental Impact Report Page 9 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. Demolition of two buildings is required as previously referenced. All construction debris will be disposed at an approved landfill and transported on designated truck routes. The - general contractor will be responsible for on-site cleanup and disposal of debris. Soil fill may be required to elevate buildings above the 100-year flood plain. Disposal of soil is not required. Water Quality and Runoff Project construction will not impact existing water quality. The general contractor will comply with water quality requirements for site construction to meet state water quality regulations. Best Management Practices (BMPs) will be implemented during construction including the use of erosion control measures. Access and Disruption of Traffic City streets will not have any significant impact since the site is located directly off the I- 70 North Frontage Road. Any frontage road diversions will be addressed with a detour plan. Air Quality and Dust Control Standard construction practices and BMPs will be used to control and minimize onsite dust and emissions. Safety and Security Standard construction safety measures will be observed on site. Town of Vail police will ensure security. Disruption of Businesses No businesses are located in the immediate vicinity of the project area. L. Aesthetics The impact is "Generally Not Significant". The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. In addition, the facility design will promote an orderly circulation and efficient integration of buses, other vehicles, and pedestrians. M. Community Disruption The impact is "Generally Not Significant". No businesses or residential sectors will be disrupted or displaced, and no segments of the community will be isolated as a result of this proposed project. 2850-001 Environmental Impact Report Page 10 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. N. Secondarv Develoament The impact is "Generally Not Significant". The proposed project will not generate secondary development. The project is an outcome of the community's determination to provide affordable housing for people already employed in Vail and are presently living in or near the community. The proposed housing project indirectly addresses the cause of traffic-related problems. 0. AGENCIES AND PERSONS CONSULTED Agencies and Personnel ? Colorado Division of Wildlife, Vail Area - Bill Andree, Wildlife Conservation Officer ? Colorado Natural Heritage Program at Colorado State University- Beth Van Dusen ? Denver Regulatory Office, U.S. Army Corps of Engineers, Terry McKee ? Colorado State University, Department of Entomology, Phyllus Pineda References Used 1. Colorado Natural Heritage Program, Conservation Status Handbook, Volume 3, No. 2, May 1999. 2. Fish and Wildlife Service, US Department of the Interior, National List of Plant Species That Occur in Wetlands: Intermountain (Region 8), Biological Report 88, May 1988. 3. Mitsch, WJ & Gosselink, JIG, Wetlands, Van Nostrand Reinhold, 2"d Ed, 1993. 4. Kittel, G., E. Van Wie, M. Damm, R. Rondeau, S. Kettler, A. McMullen, and J. Sanderson. 1999c. A Classification of Riparian Wetland Plant Associations of Colorado: User Guide to the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO 80523 VII. SUMMARY Odell Architects, PC retained Stewart Environmental to perform-an Environmental Impact Assessment of the proposed Middle Creek Village development located in Vail, Colorado. Based on the findings contained in this report, the following conclusions have been drawn and opinions and recommendations made: 2850-001 Environmental Impact Report Page 11 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. Findings. Conclusions, Opinions and Recommendations 1. The proposed Middle Creek Village development is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi-family housing constructed on a 6.5-acre site owned by the Town of Vail. The project will not promote secondary development. The purpose of the project is to provide affordable housing for people currently employed in Vail who are presently living in or near the community. The project owner is Coughlin and Company, 140 East 19th Ave., Suite 700, Denver Colorado 80203-1035. 2. A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing). 3. Environmental issues regarding the proposed project are addressed in reports provided under separate cover. These include a) geologic hazards - RJ Irish, Consulting Engineering Geologist, Inc., b) drainage issues - Peak Land Consultants, Inc., c) soils - Koechlein Engineering, and d) traffic - TDA of Colorado. 4. Wetland issues were identified and are addressed within this report. Montane Environmental Solutions of vail, Colorado is presently performing an in-depth investigation of the wetland issues. A letter regarding the status of their investigation is provided under separate cover. 5. Wildlife uses the site; large mammals including deer and elk browse on the Servicebery and Current located in the Mixed Mountain Shrubland Community. Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden-mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and/or inhabit the site. Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site. Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Interstate70 and development adjoining the south side of 1-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1-70 to its confluence with Gore Creek south of 1-70. 6. No known threatened or endangered species of plants or animals have been identified at the site. However, no on-site surveys for such species are known to have been performed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants and plant communities found in Eagle County. A copy of the Eagle County list is provided in Appendix A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review" of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities and animals within a specified radius of the subject property. The review will report the status of these communities. 7. The proposed Middle Creek Village will impact plant and animal communities inhabiting the property. Site development including earth moving activities and building/parking lot 2850-001 Environmental Impact Report Page 12 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. construction will strip a majority of the existing native and non-native vegetation, including noxious weeds, and displace wildlife from the approximate 6.5-acre site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east and west contain vast square miles of similar plant communities, wildlife habitat and wildlife species. The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat. 8. The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife, particularly large mammals. Increased human presence and reflected light may influence adjoining habitat use. Adjoining property is private so that residents of the Village should not be using adjoining properties. Human/bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. 9. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. 10. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek lies north and west of this area. Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. 11. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. If the inspection identifies asbestos-containing materials, mitigation (abatement/removal) per regulations will be performed prior to demolition of the buildings. 2850-001 Environmental Impact Report Page 13 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. VIII. ASSESSOR QUALIFICATIONS Stewart Environmental has performed environmental consulting services for more than 2,800 different clients since 1980. With a staff of 25 professional engineers, scientists, and technicians, Stewart Environmental is qualified to perform environmental impact assessments. The following is a list of key Stewart Environmental personnel and their responsibilities on this project: ? Richard G. Patterson, PE Project Administrator ? Robert J. Blinderman, REPA Environmental Scientist Mr. Patterson (registered professional engineer) provided overall project administration and project review. Mr. Blinderman (M.S. Natural Sciences, M.S. Industrial Science, registered environmental property assessor, and certified asbestos inspector) performed the records review, site reconnaissance, interviews, local governmental official contacts, and prepared the report of the findings of the environmental impact assessment. Mr. Patterson reviewed the final assessment report. This report was: Prepared by: Under the direction of: / 1 ~ Robert J. Btimberman Richard G.'Patterson, PE Environmental Scientist Vice President 2850-001 Environmental Impact Report Page 14 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 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( -1 4 iPl Y y { PROJECT NUMBER PROJECT ME '7N STEWART ENVIRONMENTAL 2850-001 w Middle Creek Village FIGURE 2 CONSULTANTS, ?NC. DATE z~ Vail, Colorado AERIAL PHOTO i Consulting Engineers and Scientists August 2001 3 1 1 ' N EXISTING LEARNING I _ CENTERS CREW • • • / - f-."'-"_ - _ _ Jr T. BEI REA ` - r - ~LUSf N_ EX O i - - - _ - I f, FIGURE 3 SITE MAP 2850-D01 NTS STEWART ENVIRONMENTAL -AUGUST 2000 CONSULTANTS, INC. CONSUl1,NG ENGINEERS AND SCIENf15T5 i Appendix A Conservation Status Handbook, 1999 Eagle County, Colorado p. 147 - 149 Stewart Environmental Consultants, Inc. County: Eagle Amphibians CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Bufo boreas pop 1 boreal toad (Southern Rocky Mountain Y G4T1Q Si FS C E population) Birds CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Accipitergentilis Northern Goshawk W G5 S3B, FS/BL Aegolius feuiereus Boreal Owl P G5 S2 FS Amphispiza belli Sage Sparrow P G5 S3B, Bucephala islandica Barrow's Goldeneye Y G5 S2B, BLM SC Cypseloides niger Black Swift Y G4 S3B FS Falco peregrinus anatmn American Peregrine Falcon Y G4T3 S3B, LE Grus canadensis tabida Greater Sandhill Crane Y G5T4 S2B, FS T Fish CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Gila robusta roundtail chub Y G2G3 S2 BLM SC Oncorhynchus clarki pleuriticus Colorado River cutthroat trout Y G473 S3 FS/BL SC Mammals CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Gulo gulo wolverine Y G4 si FS E Lynx canndensis lynx Y G5 Sl FS E Plecotus townsendii pallescens Townsend's big-eared bat subsp. Y G4T4 S2 BLM Mussels and Snails CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Lymnaea stagnalis swampy lymnaea Y G5 S2 Plant Communities CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status ABIES LASIOCARPA-PfCEA Montane Riparian Forests Y G5 S5 ENGELMANNII/ALNUS INCANA ABIES LASIOCARPA-PfCEA Montane Riparian Forests Y G5 S5 ENGELMANNIl/MERTENSIA CILIATA ABIES LASIOCARPA-PfCEA Montane Riparian Forest Y G5 S4 ENGELMANNII/SALIX DRUMMONDIANA ALNUS INCANA-CORNUS SERICEA Thinleaf Alder-Red-Oiser Dogwood Riparian Y G3G4 S3 Shrubland ALNUS INCANA/MESIC FORE Thinleaf Alder/Mesic Forb Riparian Y G3G4Q S3 Shrubland BETULA OCCIDENTALIS/MESIC FORB Foothills Riparian Shrubland Y G3 S2 CARDAMINE Alpine Wetlands Y G4 S4 CORDIFOLIA-MERTENSIA CAREX AQUATILIS Montane Wet Meadows Y G5 S4 147 CAREX SCOPULORUM-CALTHA Alpine Wetlands Y G4 S4 LEPTOSEPALA CAREX UTRICULATA Beaked Sedge Montane Wet Meadows Y GS 54 CORNUS SERICEA Foohthills Riparian Shrubland Y G4 53 DANTHONIA INTERMEDIA Montane Grasslands Y GU S3S4 DESCHAMPSIA Mesic Alpine Meadows. Y GU SU CES PITOSA-LIGUSTICUM ELEOCHARIS QUINQUEFLORA Alpine Wetlands Y G4 S3S4 JUNIPERUS Xeric Western Slope Pinyon-Juniper Y GS SU OSTEOSPERNWARTEMISIA Woodlands JUNIPERUS SCOPULORUM/CORNUS Riparian Woodland Y G4 S2 SERICEA PICEA PUNGENS/ALNUS INCANA Montane Riparian Forests Y G3 S3 PINUS EDULIS-JUNIPERUS Xeric Western Slope Pinyon-Juniper Y GU SU OSTEOSPERMA/STIPA COMATA Woodlands POPULUS ANGUSTIFOLIA-JUNIPERUS Montane Riparian Forest Y G2G3 S2 SCOPULORUM POPULUS ANGUSTIFOLIA-PICEA Montane Riparian Forests Y G4 S4 PUNGENS/ALNUS INCANA POPULUS ANGUSTIFOLIA/ALNUS Montane Riparian Forest Y G3? S3 INCANA POPULUS ANGUSTIFOLIA/CORNUS Cottonwood Riparian Forest Y G4 S3 SERICEA POPULUS ANGUSTIFOLIA/SALIX Narrowleaf Cottonwood Riparian Forests Y G1 si ERIOCEPHALA VAR. LIGULI FOLIA-SHEPHERDIA POPULUS TREMULOIDES/ACER Montane Riparian Forests Y G2 S1S2 GLABRUM QUERCUS GAMBELII-AMELANCHIER Mixed Mountain Shrubland Y G3G5 SU UTAHENSIS SALIX Lower Montane Willow Carrs Y G3 S3 DRUMMONDIANAJCALAMAGROSTIS CANADENSIS SALIX DRUMMONDIANA/MESICFORB Drummonds Willow/Mesic Forb Y G4 S4 SALIX EXIGUA/BARE GROUND Coyote Willow/ Bare Ground Y G5 55 SALIX MONTICOLAJCALAMAGROSTIS Montane Willow Carr Y G3 S3 CANADENSIS SALIX MONTICOLA/CAREX Montane Riparian Willow Carr Y G3 S3 UTRICULATA SALIX MONTICOLA/MESIC FORB Montane Riparian Willow Carr Y G3 S3 SALIX PLANIFOLIA/CALAMAGROSTIS Subalpine Riparian Willow Can Y G3 S3 CANADENSIS SALIX PLANIFOLIA/CALTHA Subalpine Riparian Willow Carr Y G4 S4 LEPTOSEPALA SALIX WOLF111CAREX UTRICULATA Subalpine Riparian Willow Carr Y G4 S3 SHEPHERDIA ARGENTEA Foothills Riparian Shrubland Y G3G4 SI Plants CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Botn/chium lunaria Common Moonwort Y G5 S2S3 Cypripedium fasciculahun Purple Lady's-Slipper Y G4 S3 FS Draba rectifracta Mountain Whitlow-Grass Y G3? S2 Eriophorum altaicum aar neogamin Altai Cottongrass Y G4T? S3 FS Gynmocarpium dryopteris Oak Fern Y G5 S2S3 Lirnnorchis ensifolia Canyon Bog-Orchid Y G4G5T3? S3 Listera borealis Northern Twayblade Y G4 S2 BLM 148 Lycopodium annotinum vat pungens Stiff Clubmoss Y G5TU SU Lycopodium dubium Stiff Clubmoss Y G5TU SU Penstemon cyathophorus Middle Park Penstemon W G3G4 S3S4 Penstemon harringtonii Harrington Beardtongue Y G3 53 FS/BL Platanthera sparsiflora var ensifolia Canyon Bog-Orchid Y G4G5T3? 53 149 01, T MONTANE ~L soyti Otis Odell Odell Architects 32o65 Castle Ct, Suite 150 Evergreen, CO 80439 August 24, 2001 Dear Mr. Odell, At you request Montane Environmental Solutions Ltd (Montane) visited the proposed affordable housing development located at the `Mountain Bell site', on August 23rd, 2001. The purpose of the visit was to review an area identified in the draft Environmental Impact Report (EIR) as a narrowleaf cottonwood community with a potential for containing wetlands. It was our finding that although not extensive, there were some areas of the woodland that did have the potential for being wetlands. To identify wetland areas areas, we propose to conduct a jurisdictional wetlands delineation in a format acceptable to the US Army Corps of Engineers (Corps). From our visit yesterday it appeared that jurisdictional wetland areas (areas under the jurisdiction of the US Army Corps of Engineers) are probably rather limited and would therefore be likely to fall into the `Nationwide Permit' category of federal permitting. The Nationwide Permit system is a streamlined permit system for small impacts, not considered to be of significant environmental impact. Do not hesitate to call if you have any more questions. We look forward to working with you further on this project Sincerely Nicola RIpley a0. BOX %0470aawle9 COLD D0 81631OPE-10NRM AX (970) 328- 6 1580VHO"'A-X (970) -468=950 Appendix J: Drainage Study Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Preliminary Drainage Report For Middle Creek VillaLre Town of Vail, Eagle County, Colorado August 27, 2001 Prepared For: Odell Architects Prepared By: Peak Civil Engineering, Inc. 1000 Lions Ridge Loop Vail, Colorado 91657 Introduction - The Middle Creek Village site is a parcel of land in the Town of Vail, located in the Southeast'/4 of Section 6, Township 5 South, Range 80 West. The site is north of the north frontage road of I-70 approximately'/4 mile west of the main Vail interchange. The attached vicinity map shows the project location. The existing site proposed for development is approximately 8.1 acres and includes the existing Mountain Bell Road and the Qwest (old Mountain Bell) microwave tower building. The proposed development plan consists of 8 multi-unit buildings with related parking and appurtenant structures. Mountain Bell Road would be extended through the site to create a loop to and from the north frontage road. Existine HvdroloLyv Middle Creek passes through the property from north to south approximately 250 feet west of the existing Mountain Bell Tower building. The Middle Creek drainage basin is approximately 6 square miles and is included in the Flood Insurance Study of the Town of Vail dated November 2, 1982. The hydrology of the drainage basin will remain largely unchanged as a result of the proposed development. The 100 year floodplain based on stream depth, as shown on flood profile panels 07P thru 09P, has been delineated and is included in the appendix. The westerly 1/3 of the proposed development site (2.8 acres) is within the Middle Creek drainage basin. The existing Mountain Bell Tower building, parking lot and driveway to the north frontage road occupies 0.9 acres of the proposed development site. The easterly 2/3 of the site (5.3 acres) flows south to the roadside ditch along the north frontage road which flows east toward Spraddle Creek. All hydrology calculations in this study utilized the Rational Method. This method has been shown to be appropriate for calculating the hydrology of small drainage basins of fewer than 100 acres. Runoff coefficients were taken from the Urban Drainage Manual, Denver Regional Council of Governments, Table 3-1, and rainfall intensities were taken from the Town of Vail "Intensity - Duration - Frequency Curves The table and curves are presented in the Appendix. Proposed Hvdroloav The development of the existing site will utilize the existing drainage basins with 1/3 of the site draining to Middle Creek and 2/3 of the site draining to the north I-70 frontage road ditch. Approximately 9.4 acres of offsite drainage flowing through the site are included in the rational method calculations. Proposed drainage patterns through the site will approximate the existing conditions. No detention is proposed for the site. The summary table presents the results of the study with hydrology calculations shown in the appendix. Hydrology Summary Table West Exist. West Prop. East Exist. East Pron. i 2.8 ac. 14.7ac. O 10-Year 2.5 dfs 3.3 dfs 7.0 ds 11.3 dfs L0100 - Year 6.7 ds 7.6 ds 27.2 ds 32.8 ds Water Ouality Issues Proposed inlet design will include additional depth in accordance with Town of Vail standards to facilitate sedimentation. Proposed sedimentation pond at the southeast corner of the project site will also act to promote sedimentation and infiltration of runoff from the site. All swales will be grass lined or lined with rip-rap when water velocities and slope mandate. Additionally, silt fence and straw bale dikes will be used throughout the site during the construction process. Proposed Drainage Improvements Proposed drainage improvements include extension of the existing Middle Creek culvert to the north, catch basins in Mountain Bell road at both the southwest entrance and the southeast entrance to the site, and culverts under the Mountain Bell road entrances to accommodate the north frontage road drainage. Hydraulic calculations for the drainage improvements are included in the appendix. Conclusions Runoff from the proposed development will follow existing drainage patterns. The proposed sedimentation basin will serve as a water quality feature to promote sedimentation and infiltration. Catch basins will have additional depth to further facilitate sedimentation. Inlets, catch basins and culverts will be designed to safely pass the 10-year event. Surface drainage improvements will be designed to safely pass the 100-year event without damage to property. As the site plan is refined, this drainage study will need to be updated. ~]X GC- "p ~a `d. iet: ~ti s ~ f 1 1 1 i PROJECT LOCATION Q Q 1 ~ t w y I O ~ V f e s ' ' IMrEgq rA r[ 70 1 W J i Z Q - IT 1 N r f N s'4 re j O r. SEC 6 T.5 Z O ~N, 5 . SEC 8 TOWNSHIP 5 SOUTH{ Cu :I I l~ 3 Z O F- Q U O J 3 CT) m 0 CL) 4-3 cn DRAW GKM CD _ ew aor O° NTS me imik I m c DAM 0!/M/01 co MEET c 0 1 2 DRAINAGE CRITERIA MANUAL RUNOFF TABLE 3-1 (42) RECOhu~ENDED•RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS LAND USE OR PERCENT FREQUENCY SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 IGU Business: Commercial Areas 95 _ .37 ' .87' .88 .89 Neighborhood Areas 70 .60 .65 .70- .80 Residential: _ Single-Family * .40 .45 .50 .60 Multi-Unit (detached) 50 .45 .50 .60_,.170 Multi-Unit (attached) 70 .60 .65 .70- .80 zJti: .i" ~Z 1/2 Acre Lot or Larger * .30 .35 .40 --.60-• Apartments 70 .65 .70 .70 .80 Industrial._.- Light Areas 80. .71 .12_ .76 .82_ Heavy' Acres 90 80 .80 .85 .90-= - Parks Cemetaries• 7 -10- 18 Playgrounds 13 15r - .20 . 30 ti50 ' .a. Schools: 50 .45 . .50.__. `6L0 .iu Railroad Yard Areas 20 .20 .25 .35 - .45- Undeveloped Areas: Historic Flow Analysis- 2 = (See "Lawns") Greenbelts, Agricultural Offsite Flow Analysis 45 .43 .47 .55 .65 F. (when land use not defined) Y~ Streets: Paved 100 .87 .88 .90 .93 Gravel (Packed) - 40 .40 - .45 ` .50 .60 Z Drive and Walks: 96 .87 .87 .88 .89- Roofs: 90 .80 .85 .90 .90 Lawns, Sandy Soil 0 .00 .01 .05 .20 Lawns, Clayey Soil 0 .05 .15 .25 .50 d NOTE: These Rational Formula coefficients nay not be valid for large basins. *See Figure 2-1 for percent impervious. FRO},{: DRCCGG URBAN STORM DRAINAGE CRI i t.KIA -MANUAL 2 11-1-90 IIORA., noA TM I C C A M n C1 nnn rnAl Tf nl nT I T I II INTENSITY.- DURATION FREQUENCY CURVES 6 I 1 cr_ LL _L 14+ XI I I I I 3 I 1711 k ll„ . 1 1 44- 1 1 14 24 30 40 54 60 (TIME MINUTES). VA IL , COLORADO P:\Mountain Bell Site\1039\dwg\DRAINAGE.DWG Wed Aug 22 16:'112:46:2001' GKM r t r I _ ~M s y' A: 11 ~.1'\a;/ lr-%!:: "i dr li ~rl ~~~~~~//'^~-~`!l'\;.-., d4y ~ ~'•,~r L~+,..r' ~,1 '~II~I ~~~~",j'~^~lilln\ ~ ~ ~ ~J~ \ F "sna 11 III III ti~•1 ~ ` 'r ~ '1'~ , vg*~" \ ' nl[} ; t 1\ a ,rte _ • o n,Ya' 'bo •~{r~`~"1i i / ~ - 1, \~1 t / \ \ _ i%% / I. 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'~=--u"; 8 / ?/i _ * _ _ {1 O s MIDDLE CREEK VILLAGE 1; , p P MIDDLE CREEK DRAINAGE BASIN F p ,z z TOWN OF VAIL, EAGLE COUNTY, COLORADO e xli' i r r - _ i. ~ ~ eooo i + O.8 All SOO'O4O i + t 1 ~I i A Q iaro~APHy Qi1A6R.4N S TSV~T Q + i R C1 t A 9$O + i S- 6 / Ul Z) r % w~Q i ; i ~qsr 3 14.7ACC. sr ' AsiN , - Z8 AC. SOON 0.40 r,`~~ X11 SHAG ti s • o•os S' 0.40 S7r ~ -.3Y'µ S. ,111 `l~ . i r% r•~+ _..T y~~`~ '~``~~--`J y s NORINT~~~_ oft QRM -ftwyAmk 20Q, PLC ~T MIDDLE CREEK VILLAGE 8/21/01 WEST DRAINAGE AREA - EXISTING CONDITIONS RATIONAL METHOD TOTAL AREA = 2.8 AC Job No. 1039 By: GKM C1 - PVMT & BLDG 0.7 AC C10 = 0.88 C100 = 0.89 Runoff Coefficient - C from Table 3-1, Urban Drainage C2-FOREST 2.1 AC C10 = 0.25 C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban Drainage C10= (0.88 x 0.7) + (0.25 x 2.1) 12.8 0.41 C100= (0.89x0.7)+(0.50x2.1)/2.8 0.60 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40%. T1 (10 yr) _ (1.1 - 0.41) x Length 11/21 S 1113 16.23 min. T1 (100 yr) _ (1.1 - 0.60) x Length ^1/2 / S ^1/3 11.78 min. T2 = SHALLOW FLOW, 550'@ 40% n = 0.025 A/p = 6/13 - 12'Wx0.5'd V10=1.49/Nx(A/P)^2/3xS^1/2 11.78 fps s=0.11 V100 = V10 11.78 fps t T2 (10 yr) = 550' 11 1.78fps x 60 0.78 min. T2 (100 yr) = 550' / 11.78fps x 60 0.78 min. T TOTAL Tc10 = 21.4 +.8 = 17.0 min. y TOTAL Tc100 = 11.8 +.8 = 12.6 min. INTENSITY (I) = Intensity (1) from Town of Vail IDF curves 110= 2.22 in./hr. 1100 = 4=0 in./hr. PEAK FLOW RATE (Q) Q = CIA Q 10 = (0.41) x (2.2) x (2.8) = 2.51 cfs Q 100 = (0.60) x (4.0) x (2.8) = 6.69 cfs MIDDLE CREEK VILLAGE 8122/01 EAST DRAINAGE AREA - EXISTING CONDITIONS ` RATIONAL METHOD TOTAL AREA = 14.7 AC Job No. 1039 By: GKM C1 - FOREST 14.7 AC C10 = 0.25 C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban Drainage TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40%. T1 (10 yr) _ (1.1 - 0.25) x Length ^1/2 / S ^1/3 19.92 min. T1 (100 yr) _ (1.1 - 0.50) x Length ^1/2 / S ^1/3 14.06 min. T2 = SHALLOW FLOW, 950 FT @ 66%. 10' WIDE, 0.5' DEEP V10 & V100 = 1.49/n x (A/P)^.67 X S^.5 n = 0.05 V10 & V100= 1.49/n x (5/11)^.67 x .66^.5 14.27 fps A/p = 5111 -10'Wx0.5'd s = 0.66 T2 (10yr) = 9501 14.3 x 60 1.1 min. T2 (100yr) = 950 114.3 x 60 1.1 min. p rk 2 T3 = CHANNEL FLOW, 500 FT @ 9%. n = 0.05 ROADSIDE DITCH - 2' DEEP 3:1 SIDES, n = 0.05 Alp = 12/12.6 s = 0.09 V10 & V100 = 1.49/n x (A/P)^.67 X S^.5 V10 & v100 = 1.49/n x (12112.6)^.67 x .09^.5 8.65 fps M T3 ( 10yr) = 500 18.7 x 60 1.0 min. T3 ( 100yr) = 50018.7 x 60 1.0 min. TOTAL Tc10 = 19.9 + 1.1 + 1.0 = 22.0 min. TOTAL Tc100 = 14.6 + 1.1 + 1.0 = 16.1 min. INTENSITY (I) (Vail IDF Curves) _ 110= 1.9 in./hr. Intensity (1) from Town of Vail IDF curves 1100 = 3.7 in./hr. PEAK FLOW RATE (Q) Q = CIA Q 10 = (0.25) x (1.9) x (14.7) = 6.98 cfs Q 100 = (0.50) x (3.7) x (14.7) = 27.20 cfs o ` t kliv IL A A s NV ESr T vArL / x 9 AC. ! Q s.66 c y ~ i { 5 zU ©J AST / } © O NES T gAS1N 14.7 Ac11v ; Z 2-8 AC. 1 0.40 ~Jn n t~ ~r ~ ~ F ~ lam, ~ r 1 wr~R , x _ ~ 2T0; 1 NORiH_ MIA_ DOC: _ . . SCALE' 1 POO . . MIDDLE CREEK VILLAGE 8121/01 - s WEST DRAINAGE AREA - DEVELOPED CONDITIONS RATIONAL METHOD TOTAL AREA = 2.8 AC Job No. 1039 By: GKM Cl - PVMT & BLDG 1.3 AC C10 = 0.88 C100 = 0.89 Runoff Coefficient - C from Table 3-1, Urban Drainage C2-FOREST 1.5 AC C10 = 0.25 C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban Drainage C10= (0.88 x 1.3) + (0.25 x 1.5) / 2.8 0.54 C100 = (0.89 x 1.3) + (0.50 x 1.5) / 2.8 0.68 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40%. T1 (10 yr) _ (1.1 - 0.88) x Length ^1/2 / S ^1/3 13.07 min. T1 (100 yr) _ (1.1 - 0.89) x Length ^1/2/ S ^1/3 9.82 min., T2 - SHALLOW FLOW, 550' @ 40% n = 0.025 V10 = 1.49 / N x (A/P)^ 2/3 x S^ 112 11.78 fps A/p = 6/13 - 12'Wx0.5'd s = 0.11 V100 = V10 11.78 fps T2 (10 yr) = 550' / 11.78fps x 60 0.78 min. T2 (100 yr) = 550'/ 11.78fps x 60 0.78 min. TOTAL Tel 0 = 13.0 +.8 = 13.8 min. TOTAL Tel 00 = 9.8 +.8 = 10.6 min. INTENSITY (1) = Intensity (1) from Town of Vail IDF curves 110= 2.2 in./hr. 1100 = 4.0 in./hr. PEAK FLOW RATE ( Q) Q = CIA Q 10 = (0.54) x (2.2) x (2.8) = 3.34 cfs Q 100 = (0.68) x (4.0) x (2.8) = 7.63 cfs MIDDLE CREEK VILLAGE 8/22/01 EAST DRAINAGE AREA - DEVELOPED CONDITIONS RATIONAL METHOD TOTAL AREA = 14.7 AC Job No. 1039 By: GKM C1 - FOREST 12.0 AC C10 = 0.25 C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban Drainage C2 - PVMT & BLDGS 2.7 AC C10 = 0.88 C100 = 0.89 C10= (0.25 x 12.0) + (0.88 x 2.7) / 14.7 = 0.37 C100 = (0.50 x 12.0) + (0.89 x 2.7) / 14.7 = 0.57 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40%. T1 (10 yr) = (1.1 - 0.37) x Length ^1/2 / S ^1/3 17.21 min. T1 (100 yr) _ (1.1 - 0.57) x Length ^1/2 / S ^1/3 12.38 min. T2 = SHALLOW FLOW, 950 FT @ 66%. n = 0.05 10' WIDE, 0.5' DEEP A/p = 5/11 - 10'Wx0.5'd s = 0.66 V10 & V100 = 1.491n x (A/P)^.67 X S^.5 V10 & V100= 1.49/n x (5/11)^.67 x .66^.5 14.27 fps T2 (10 yr) = 950 / 14.3 x 60 1.1 min. T2 (100 yr) = 950 / 14.3 x 60 1.1 min. T3 = CHANNEL FLOW, 500 FT @ 9%. n = 0.013 CURB & GUTTER - 6" DEEP, n = 0.013 A/p = 3.5/14.5 - 14'Wx0.5'd s = 0.09 V10 & V100 = 1.49/n x (A/P)1.67 X S^.5 V10 & v100 = 1.49/0.013 x (3.5/14.5)^.67 x .09^.5 13.27 fps T3 ( 10 yr) = 500 / 13.3 x 60 0.6 min. T3 (100 yr) = 500 / 13.3 x 60 0.6 min. TOTAL Tc10 = 17.2 + 1.1 + 0.6 = 18.9 min. TOTAL Tc100 = 12.4 + 1.1 + 0.6 = 14.1 min. INTENSITY (1) = Intensity (1) from Town of Vail IDF curves 110= 2.1 in./hr. 1 100 = 3.9 inJhr. PEAK FLOW RATE (Q) Q = CIA Q 10'-- (0.37) x (2.1) x (14.7) = 11.29 cfs Q 100 = (0.57) x (3.9) x (14.7) = 32.77 cfs r } ~ mcreek-culv2 (1600x1200x24b jpeg) • f , ~ ' r;;R3::; i'.."..'rv.'C"~C::: ' '}ra .~~f '~(5 'si; , .zf":~ ,may:. ' ,i~s~ tiu>:zyi,.,,<.. 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"i 'z:T:. rSa3E^~,e :fz~.":''` ' `f:i<;'.:x . A'" ~ . •f, t :k. g;o F.+::or xby':as:. i:'"^s"a•',Ra `er'a' ~ ~~e~c,. ;~S'Ra' :3..D 't~,' fi f 09?;. 3 s>'~ ..P:.a...X.t.......,.,._'Sww.... ..rl r MIDDLE CREEK VILLAGE 8/22/01 r y HYDRAULIC CALCULATIONS INLETS: SUMP CONDITION Use D&L 1-3386 Grate Open area = 2.5 sf Ponding Depth = 0.5 ft K = 0.7 (30% clogged) C = 0.6 entrance loss coef. ORIFICE EQUATION - V = C x (2gh)^112 and Q = KVA V= 3.4 fps Q = 6.0 cfs West Drainage Area - Q10 = 3.4 cfs, Q100 = 7.6 cfs 2 - Inlets (one on each side of Mt. Bell Road - 6 cfs X 2 = 12 cfs QI o n d ? East Drainage Area - Q10 = 11.3 cfs, Q100 = 32.8 cfs 2 - Inlets (one on each side of Mt. Bell Road - 6 cfs X 2 = 12 cfs ( to 0 1® Side Inlet Catch Basin Frame and Cover P/4' x _ o u e Appx. Wt. 91 lbs. ] 5/16' C 2r3/4' El F 91 8 4' A rT Concave Gutter Inlet Frame _A Appx. Wt. 590 lbs. -3386 and Grate Available with: P` 'A' Grate 25' Vane Grate t~ II S' 5. L 4' FF 4 2' Z. I 37 L 139 1/4'---~J VANE GRATE AIGrate 48 L4• Curb Inlet Frames and Grae~ 27 t/•' r- L 25 1/4•~ 32 /4' - 35 3/a• t••--19 V2' E. I 1 B _T I 7/8'-J L- I 118--J 21 3/v 19 31 00! 1- 1--25 1/2'~ 1 x--17 3/+'---1 I 2, 3, OR 4-SIDED FRAME 28 112'---~ Catalog No. Type of Grate Total Weight Catalog No. Type of Grate Total Weight 1-3440 2 Sided Concave 340 1-3446 3 Sided Flat 360 1-3442 2 Sided Flat 340 1-3448 4 Sided Concave 380 I-3444 3 Sided Concave 360 1-3450 4 Sided Flat 380 95 SUPPLY Y Table Rating Table for Circular Channel Project Description Project File c:\ e.fm2 Worksheet 18" CULVERT Flow Element Circular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.010 Depth 1.30 ft Diameter 18.00 in Input Data Minimum Maximum Increment Channel Slope 0.005000 0.050000 0.005000 ft/ft Rating Table Channel Slope Discharge Velocity (ft/ft) (cfs) (ft/s) 0.005000 10.09 6.20 0.010000 14.26 8.77 /c- 0.015000 17.47 10.74 0.020000 20.17 12.40 0.025000 22.55 13.86 0.030000 24.70 15.18 0.035000 26.68 16.40 0.040000 28.53 17.53 0.045000 30.26 18.59 0.050000 31.89 19.60 08/22/01 FlowMaster v5.15 04:43:52 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 Table Rating Table for Circular Channel k Project Description Project File e.fm2 Worksheet 24" CULVERT Flow Element Circular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.010 Depth 1.75 ft Diameter 24.00 in Input Data Minimum Maximum Increment Channel Slope 0.005000 0.050000 0.005000 ft/ft Rating Table Channel Slope Discharge Velocity (ft/ft) (cfs) (ft/s) 0.005000 21.85 7.50 0.010000 30.90 10.60 0.015000 37.84 12.98 r-V 1J. 0.020000 43.70 14.99 u S E 2 ~ C`' ~ S lv M,'~?, 0.025000 48.86 16.76 0.030000 53.52 18.36 0.035000 57.81 19.83 0.040000 61.80 21.20 0.045000 65.55 22.49 - 0.050000 69.09 23.70 08/22101 FlowMaster v5.15 04:42:53 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 r- Appendix K: Traffic Study Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 Transportation Consultants 'TDA COLORADO INC. August 23, 2001 Lee Mason Odell Architects, P.C. 32065 Castle Court, Suite 150 Evergreen, CO 80439 Re: Vail-Middle Creek, Traffic Dear Lee, As agreed, we have prepared this initial review of traffic issues associated with development of 150 to 200 affordable housing units in the town of Vail along North Frontage Road, west of the Vail Road north roundabout. We will follow this initial review with a detailed traffic impact assessment at a later date as the project proceeds through the Town of Vail's development review process. At this time our review covers two site planning considerations: potential vehicle trips generated by this project and, site access and circulation Vehicle Trip Generation We understand the project will be up to four stories, specifically zoned as Affordable Housing. Occupants of the studio, one- or two-bedroom dwellings will be seasonal workers primarily, employed in the Vail Valley. The approximately 6.5-acre parcel will also have a freestanding early childhood learning center. This will replace an existing day care facility on the property. Most of the parking will be located in the hillside behind the clustered housing units, east of the existing Mountain Bell tower. Typically, a multi-family clustered development of this type could be expected' to generate vehicle trips at a rate of 6 to 7 trips per unit per day. Entering and leaving the site is two trips, one in and one out. If the site were to have 200 dwelling units perhaps up to 700 vehicles would enter and leave the site each day; yielding 1,400 vehicle trips daily based on typical trip generation characteristics. However, we believe actual vehicle trip activity at full occupancy would be noticeably less than the typical suburban townhome or apartment complex. We believe walk, bike and public transit will substitute for many of what otherwise would be local vehicle trips. Reasons for this are: Reduced Auto Availability - Many of the occupants will be seasonal and local workers. Auto ownership will be relatively low with many seasonal residents relying on public transportation or carpooling for discretionary trips to avoid the cost of owning and operating a private vehicle for a short term. 1 Institute of Transportation Engineers publication Trip Generation, 46 Edition 1675 Lorimer Street, Suite 600 Denver, Colorado 80202 - (303) 825-7107 • FAX: 825-6004 • E-Mail: TDAColo@aoi.com Lee Mason 8/23/01 Page 2 Site Location and Layout - The location of the site, about V4 mile from Meadow Drive in the heart of Vail Village, will be convenient for walking or biking to many of the Town's job locations, eateries, convenience shops and recreation opportunities. The site layout, with a strong street orientation and parking tucked behind the units, follows the tenants of Transit Oriented Development (TOD). Residents choosing to walk or use public transit will have access to a planned bike /ped trail and a bus stop literally "outside their front door" as depicted on your site plan. The Town of Vail's public transit system is one of the most heavily used in the State of Colorado. From our experience at a number of resort communities throughout the western US, Vail is the standard which other transit systems strive to emulate. Residents and visitors will have access to Avon, Beaver Creek and downvalley via ECO Transit (Eagle County) express buses connecting at the Town's transportation center - about a 10-minute walk and in-Town shuttle trip from the site. Car drivers, on the other hand, will park in a lot behind the building complex, driving around the complex to access North Frontage Road. This configuration is the equivalent, on a single family neighborhood scale, of alley parking and front yard porches. The message that the automobile is of lesser importance in-site design choices is clearly conveyed. We expect the access, convenience and economics of alternative modes for the seasonal residents of Middle Creek Village will yield a vehicle trip reduction of 30 to 35 % from the "typical" as determined by standard trip generation references. Instead of the 1,400 daily vehicle trips that a 200-unit apartment complex could generate in a typical suburban setting, we estimate trip generation for this project will be in the order of 950 trips per day. Site Access and Circulation The site will have two North Frontage Road access points as shown on your site plan. The west access is the existing road to the Mountain Bell tower. This drive will be used by residents parking in the small lot near the frontage road at the west end of the site and by those driving west of the project. The east drive will be convenient for day care trips and others driving through the main Vail I-70 interchange. North Frontage Road is located within the I-70 right of way and is under the administrative jurisdiction of the Colorado Department of Transportation. In accord with the State Highway Access Code, each drive will need formal access permitting. The existing west access will need a repermitting since there will be a change in use of the access. 'The east drive will need an access application submitted and approved by CDOT Region 3 in Grand Junction. CDOT usually requests local concurrence before issuing a new permit. We can work with your civil design firm (Peak Land Consultants) to prepare the necessary application documents at the appropriate phase of your design development process. CDOT has a maximum of 45 days from the time a complete application is submitted to render their decision. From our discussions with Jim Ellerbroek of Peak Land, there does not appear to be any sight limitations along the section of North Frontage Road. Location of the east drive should consider right turn deceleration in a zone where vehicles coming out of the roundabout will be accelerating up to the 35-mph posted speed. At a minimum the east drive should be stopping sight distance from the roundabout which for 35 mph is 250 feet (wet pavement). CDOT may Lee Mason 8/23/02 Page 3 require a right turn deceleration lane or just a right turn taper for the east access. Acceleration lanes are typically not required when the posted speed is below 40 mph. We trust this initial traffic review will assist you with your upcoming project discussions with Town staff. We look forward to working with you, if needed, on future traffic impact analysis for the Middle Creek housing development. Please call me if you have any questions on this review. Sincerely, TDA Colorado, Inc. r , U David D. Leahy, PE Principal Appendix L: Letters from other organizations Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 M United States Forest White River Holy Cross Ranger District Department of Service National 24747 US Highway 24 Agriculture Forest PO Box 190 Minturn, CO 81645-0190 (970) 827-5717 TTY (970) 945-3255 FAX (970) 827-9343 File Code: 1560 Date: September 11, 2001 Ms. Allison Ochs Planner II Town of Vail, Community Development 75 South Frontage Road Vail, CO 81657 Dear Ms. Ochs, Thank you for the opportunity to comment on the proposed major subdivision project on the "Mountain Bell Site" in Vail. Our understanding from recent newspaper reports is that the project is intended to provide affordable housing. We support the projects goal of meeting this crucial area need. It appears that provisions have been made to keep development out of the floodplain of Middle Creek and off of the steeper slopes of the property. The scale of the materials provided made it difficult to analyze the project in any detail. We request that serious consideration be given to facilitating access to the "North Trail"by residents of the proposed development and current trail users. It seems likely that the proposed development will generate a substantial increase in use of the trail. We would encourage planners to incorporate parking and access to the trail in their project planning. Sincerely, CALVIN G. WETTSTEIN District Ranger U~is ~ w Caring for the Land and Serving People Printed on Recycled Paper Tire' GROSS F tiF O < 3799 HIGHWAY 82 • P.O. DRAWER 2150--r • GLENWOOD SPRINGS, COLORADO 81602~ Y 0 (970) 945-5491 • FAX (970) 945-4081 d-~ SSO,6O September 11, 2001 Ms. Allison Ochs, AICP Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Middle Creek Village Subdivision Dear Ms. Ochs: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY Ted Huskey, Engineering Service Supervisor TH:vw Location #52-65 AUG 20 2001 13:15 FR EAGLE VAIL SC 970 949 32e9 TO 47GBGIG P.01i01 r Ever $M PUBLIC SERVICE COMPANY P. O. Box 430 Minturn, Colorado 61645 August 20, 2001 Peak Land Consultaiats, Inc. .Attn: George Mossman 1000 Lionsridge Loop Vail, Colorado 81657 Subject: Service Availability Dear Mr. Mossman: In accordance with our tariffs tiled with and approved by the Colorado Public Utilities Commission, gas facilities can be made available to serve your project at Middle Creek Village (the Mountain Bell Site). Currently our lead time for design is 4 weeks and lead time for construction is 8 weeks. Due to workload, mawrial availability and design complexity, design and construction lead times are approximate and subject to ch mge. Please submit your plans at the earliest opportunity to better assure meeting your proposed schedule for receiving service. ® Gas costs will be calculated in conformance with our filed SERVICE LA i tx.AL CONNECTION AND DISTRIBUTION MAIN EX'T'ENSION POLICY. ? Electric Costs for the project will be calculated in coniV..;.ante with our filed SERVICE CONNECTION AND DISTRIBUTION LINE EXTENSION POLICY. If you have any questions or comments, or if I can be of further assistance, please call meat the number listed below. My normal work hours are 8:00 a.m. to 5-,00 p.m, Monday through Friday. Sine ely, rt Ida n Bo Technician 970-262-4070 TOTAL PAGE.01 AUce. 23. 2001 11: 46At1 HOLY CROSS VAIL N0.450 P.2 GJLOSS o (e>. r 3799 HIGHWAY 82 • P.Q. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 r q (970) 945-5491 • FAX (970) 94" 4081 44 S50'~O August 22, 2001 Mr. George MOSSman Peak Land Consultants, lnc. 1000 Lions Ridge.Roop Vail, CO 81657 RE: Middle Creek Village - "Mountain Bell Site" Dear Mr. Mossman: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERCY Ted Huskey, Engineering Service Supervisor TH:vw Service Location #52-65 EAGLE RIVER it WATER & SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476-7480 • FAX (970) 476-4089 August 21, 2001 Mr. Jim Ellerbroek Peak Land Consultants, Inc. 1000 Lionsridge Loop Vail, CO 81657 Subject: Middle Creek Village Development Ability to Serve Letter for Water and Sewer Dear Jim: As of August 14, 2001,the Eagle River Water & Sanitation District will provide domestic water and sewer service to the above-referenced development. The District has excess capacity to process domestic water and sewer to its constituents at the present time. The Vail Wastewater Treatment Plant (VWTP) is currently serving approximately 5607 Single-Family Equivalent (SFE) units. The current design capacity of the VWTP is 7500 SFE units. Accordingly, upon compliance with the rules and regulations, and the payment of appropriate tap fees, the District will provide domestic water and sewer service. Construction for all main line extensions is the responsibility of the developer; however, all construction drawings must be pre-approved by the District. If you have any questions or concerns please contact the District at 476-7480. Sincerely, `=-~a& I - Fred S. Haslee Regulations Administrator c Customer Account File FSH/mem AVF:\15WSD\8REGS\ABILTSRV\FORNNTf~g4M WR§. WW.1r_1*RATIONS & MANAGEMENT SERVICES 8-23-01; 2: 1OPM;QWEST ENG. ;970 384 0257 # 1/ 1 8-23-01; 2=0ePM 9704768$18;# 2 August 23, 20101 To whom it may concern: Qwest confirms our ability to serve the proposed site (Middle Creek Village) as shown on the "Location Plan" dated August 20, 2001 prepared by Weak Land Consultants, Inc. We understand that the ptanls transmitted are conceptual only. C^ - Jasonrpe, Qwest Field Engineer Jason Shape Ma~rager CPFiew Evbver tioru e 5 t• Local Network 9261enwood Sp hVs. Colorado 81601 970' 4 0 97D 6187.551 13 ce! 970918 o3l7 pager 9,70 384 ~ o257 bw Vail, July 31, 2001 Mr. Bob McLaurin Town Manager Town of Vail 75 South Frontage Road West Vail, CO 81657 Re: Winter use of Bike Paths in Lionshead and Cascade Village Areas Dear Bob: Pursuant to article 6-3E-6B of the Town Code of the Town of Vail, Vail Associates, Inc. hereby requests written permission from the Town of Vail for VAI snowmobiles to use the bike path from the Sewer Plant along the south side of Gore Creek to the lower end of Cascade Way ski run on a seasonal basis (November 1 - May 1). We also request permission to utilize the bike path along the north side of Gore Creek from the Lionshead Skier Bridge to West Forest Road. In recent years, VAI, in concert with the Town of Vail and the West Forest Road homeowners, have shifted snowmobile traffic to the above bike paths to reduce impacts on West Forest Road homeowners. The Town of Vail staff, including the Town Manager, Town Attorney and various council members have participated in these meetings with the West Forest Road homeowners. There are really no neighbors on the route to Cascade Way. The route is not maintained in the wintertime. We have a critical need in the winter to be able to expeditiously access our equipment and supplies located at our Vail Associates, Inc. shop when we have problems on the mountain. That critical need frequently requires snowmobile access. We understand the objectives of the Town Code with respect to vehicular use of the paths, particularly in the summer. However, TOV vehicles do plow or maintain certain parts of the bike paths in the winter. During the fall of 2000, the bike path was closed for several months for tree removal. My point is that there are numerous exceptions to the prohibitions of vehicular use on the bike paths and for good reason. I would like to request a meeting with you and your staff to discuss this issue prior to taking it to the Town Council for a decision. In recent years, we have reduced the size of our snowmobile fleet by fifty percent, reducing their impacts by fifty percent as well. Please let me know when we can meet to discuss this issue. Sincerely, William A. Jensen Chief Operating Officer - Vail BJ/mp cc: Jim Mandel Brian McCartney Eric Stein Porter Wharton Clyde Wiessner Attachments Post Office Box 7 • Vail, Colorado 81658 Phone: 970-845-2500 www.vail.com North America's #1 Resort VA IL R t B O R T W . 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