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Home My WebLink About2001-0924 PECTHIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE ~~ r 1~~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of ~•: 4~' Vaiil will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on September 24, 20U1, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: An appeal of an administrative determine#ion regarding the procedural requirements far an application for subdivision of "the Fallridge Parcel,"' a Part of Lot 1, Sunburst Filing No. 3 ! a portion of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination #hat the subdivision of land within a recreational easement requires a Major Special Development District Amendmen# to the Fallridge Special Development District. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner; Brent Wilson A request for a conditional use permit and a request for Planning and Environmental Commission review of grading and landscape modifications with the 100-year flovdplain, to allow for the modification of an existing raw water intake and pump station facility, located at 5186 Black Gore Drive 1 Lot 8, Heather of Vail Subdivision. Applicant: Eagle River Water and Sanitation District Planner. Brent Wilson A request for a variance from Section 12-11-3(C), Vail Town Code, to allow for the continuance of nonconforming building materials, and setting forth details irv regard thereto, located at 5047 Ute Lane, Unit BILot 33, Vail Meadows Filing 1. Applicant: Robert Bolas, represented by Rob Krumhalz Planner: Bill Gibson A request for a preliminary plan review for a major subdivision, a request to amend the Vail Land Use Plan #o 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 a11ow 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 Gommunity Development. Applicant: Town of Vail Housing Authority, represented by Odell Architects Planner; Allison Ochs/13rent Wilson The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 7, 2001 in the Vail Trail. ,. as _ yi ~. rawx o~ v~rla PLANNING AIUI] ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, September 24, 2001 PRO~IECT ORIENTATION 1- Corrtmunity Development Dept. PUBLIC 1NELCOME MEMBERS PRESE(~lT Site Visits 1. Eagle River Water & Sanitation Distric# - 5186 Black Gore Drive 2. Batas Residence - 5047 U`e Lane 3. Middle Creek Village - 160 North Frontage Road 4. Timber Ridge - 1260 N. Frontage Road Driver: Brent *** Vllear Good Hiking Boots**~ 12:00 pm 1:00 pm ~a NOTE: If the PEC hearing extends. until 6:00 p.m., the board may break for dinner from fi:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm 1. An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Part of I_ot 1, Sunburst Piling No. 31 a por`ian of land adjacent to the Vail Golf Course Townhomes in the 1600 block of Goff Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and mason, P.C. Planner: Brent Wilson 2. A req+aest for a conditional use permit and a request for Planning and Environmental Commission review of grading and landscape modifications within the 100-yeas floodplain, to allow for the modification of an existing raw water intake and pump station facility, located at 5186 Black Gore Drive ~ Lct 8, I-leather of Vail Subdivision. Applicant: Eagle River Wafer and Sanitation District Planner; Brent Wilsa~~ 3. A request for a variance from Section 12-11-3(C), Vail Town Code, to allow for the continuance of nonconforming building materials, and setting forth details in regard thereto, focatec! at 5047 Ute Lane; l~nit BlLot 33, Vail Meadows Filing 1. Applicant: Robert Bala, represented by Rob I<rumholz Manner: Bill Gibson ~, TffifN O1G V,4GL MEMBERS ABSENT 4. A request for a preliminary plan review foe a major subdivision, a request to amend the Vail ~ and Use Plan to change t`~e designation from "Open Space" to "High Density Residential", and a request for a rezoning from "Natural Area Preservation Distrct'" to "Housing Zane 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 Ochs113rent Wilson 5. ,~ request for a rezoning from "'Special Development District No. 10" to "Housing Zone District" lccated ,at Timber Ridge Village, 1280 N. Frontage Rd. West 1 Lots C-1 through G5, l_ionsridge Filing No. 1. Applicant: ~~~wn of Vail Planners A;lisan Qchs 6. Approval of September 10, 2001 minutes 7. Information Update The applications and inf~rrriation about the proposals are available for public inspection during regular office iicurs in the project planner's affece located at the Town of Vail Community Development Department, 75 Sos~th Frontage Raad. Please call 479-2138 for information. Sign language interpretation available upon reques# with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for infarrnatian. Community Development Department Published September 2'r , 2001 in the Vail Trail. • • • 2 PLANNING AND ENVtRt~NMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, September 24, 2001 PROJECT ORIENTATION J -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden John Schofield Brian Doyon Doug Cahill Dick Cleveland SItE VISItS 1. Eagle River Water & Sanitation District - 5186 Black Gore Drive 2. Galas Residence - 5047 Ute Lane 3. Middle Creek Village - 16Q North Frontage Road 4. Timber Ridge - 1260 N. Frontage Road Driver: Brent *** Wear Good Hiking Boots*** 12;00 pm 1;00 pm ~~ NOTE; If the PEC hearing extends until 6:00 p.m., the board may break for dinner from fi:00 - 6:30 Public Heariraq -Town Council Chambers 7;00 pm An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Part of Lot 1, Sunburst Filing No. 3 ! a portion of laud adjacent to the Vail Goff Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determine#ion that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson MOTION: John Schofield SECOND: Brian Doyon VOTE: 7-0 TABLED TO OCTOBER 8, 2001 `-'• ,~ Tawny ~~ VAlL ~` MEMBERS ABSENT 2. A request for a conditional use permit and a request for Planning and Environmental Commission review of grading and landscape modifications within the 1a0-year floodplain, to allow for the modification of an exis#ing raw water intake and pump station facility, located at 5186 Black Gore Drive 1 Lot 8, Heather of Vail Subdivision. Applicant: Eagle River Water and Sanitation District Planner: Brent Wilson MOTION: John Schofield SECOND: Brian Doyon VOTE: 7-Q APPROVED WITH 3 CONDITIONS: That the applicant receives approval from the Heather of Vail Owners' Association and that both parties agree to a revised easement to reflect the locations of all public utility improvements on the site prior to the construction of any new improvements. The easement instrument shall be recorded with the Eagle County Clerk and Recorder within 90 days of the completion of the installation of the new improvements. 2. That the applicant coordinates with the U.S. Army Corps of Engineers to update/modify the existing Department of Army Permit #1901017150 to ensure compliance with the Clean Water Act prior to the commencement of construction activities on the site, if necessary. 3. town of Vail staff must approve the floodplain study submitted. A topographic "as built" survey will be submitted to Town staff after the work is complete to ensure there are no negative flood plain impacts. 3. A request for a variance from Section 12-11-3(C), Vail Town Code, to allow for the continuance of nonconforming building materials, and setting faith details in regard thereto, located at 5047 Ute Lane, Unit B/Lot 33, Vail Meadows Filing 1. Applicant: Robert Bolas, represented by Rob Krumhoiz Planner: Bill Gibson MOTION: Brian Doyon SECOND: Dick Cleveland VOTE: 7-0 DENIED 4. A request for a preliminary plan review for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from "Open Space" to "High Density ResidentiaP', 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 OchslBrent Wilson MOTION: Doug Cahill S>=COND: Dick Cleveland VOTE: 5-2 (Scofield &Doyon opposed) APPROVED WITH 3 CONDITIONS -MAJOR SUBDIVISION 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 2. The final plat shall not be filed with the Office of the Clerk and Recorder of Eagle County, Colarada until such date that the Planning and Environmental Commission has approved a development plan for Lot 1, Middle Creek Subdivision. 3. That an updated EIR and revised site development details be presented to the PEC at its second meeting in November. MOTION: John Schofield SECOND: Doug Cahill VOTE: 7-D APPROVED WITH 1 CONDITION- LAND USE PLAN 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. MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 6-1 (Doyon opposed} APPROVED WITH 1 CONDITION -REZONING 1. That the rezoning shalt 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. 5. A request for a rezoning from "Special Development District No. 10" to "Housing Zone 'District" located at Timber Ridge Village, 1280 N. Frontage Rd. West 1 Lots C-1 through C-5, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs MOTION: John Schofield SECOND: Diane Golden VOTE: 7-0 TABLED UNTIL OCTOBER 8, 20(11 6. Approval of September 10, 2001 minutes 7. Information Update 3 MEIUIORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 24, 2001 SUBJECT: An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Part of Lot 1, Sunburst Filing No. 2 / a portion of land adjacent to the Vail Goff Course Townhomes in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Appellant: Fallridge Community Association, represented by Berenbaum, Weinshienk and Eason, P.C. Planner: Brent Wilson 5UBJEGT PROPERTY The subject property is described graphically an the attached map. II. STANDING OF APPELLANT The appellant is the owner of the subject property. 111. BACKGROUND AND DESCRIPTION OF TFIE REQUEST Description of the Request The appeal before the Planning and Environmental Commission (PEC) involves a request to subdivide a new parcel of buildable land within an area that was placed under a recreational easement as a condition of Special Development District #8 6n 1977. The applicant's request would allow for a new lot along Goif Terrace with residential building potential. The Department of Community Development made an administrative determination that a change in use and a vacation of the recreational easement will require an Application for Major Special Development District Amendment in addition to an Application for Minor Subdivision Review. Pursuant to Section 12-3-~, Vail Town Code, the applicant has filed an appeal of staff's administrative determination and is requesting a determination by the PEC. The purpose of this hearing is not to evaluate the merits of the subdivision request, but. rather to identify the appropriate procedural avenue for the applicant's request. • Historv of the property The Fallridge Special Development District (SDD) was adapted via Ordinance No. 17, Series of 1977. Ordinance No. 17 prescribed the development standards for the Fallridge SDD and applied a zoning designation to the adjacent Vail Golf Course Town Homes property of "Low Density Multiple Family" with an allowable density derived from the "Residential Cluster" zone district. Although the SDD ordinance identified the Fallridge building footprint as the'SDD boundary area, the ordinance contained many provisions for the land areas directly outside the Fallridge building footprint. The subject property lies within the context area zoned under Ordinance No. 17, Series of 1977 and is located adjacent to the Fallridge building and the Vail Golf Course Town Houses. The ordinance adopting the Fallridge Special Development District (Ordinance 17, Series of 1977) contains a requirement for the provision of recreational amenities on a land area of "approximately 2 acres adjacent to SDDB...subject to approval by the Town." Site plans on file (copy attached) for the Fallridge and Vail Galfcourse Townhouses properties indicate, as required under the ordinance, that a 2.289 acre area was dedicated to recreation uses and encumbered with a recreational easement. Additionally, in response to this requirement, the Fallridge Condominium Declarations (recorded December 9, 1977) indicate an identical area totaling 2.289 acres was dedicated to recreation uses for the benefit of the association. The Fallridge Community Association chose to vacate this easement through the Eagle County Clerk and Recorder's Office in 2001. The Department of Community Development has determined all areas flying under the recreational easement required by the SDD fall under the context and conditions of the SDD. Pursuant to Section 12-9A-2, Vail Town Code, "any proposal to change uses, change the number of dwelling or accommodation units, or modify...any approved special development district" constitutes a major amendment request. Therefore, the Department of Community Development has requested an Application for a Major Special Development District Amendment in addition to an Appiication for Minor Subdivision for this proposal. tV. MATURE OF THE APPEAL The appellant's statement of the appeal has been attached for reference. V. REQUIRED ACTION Upheld/4verturnlMQdify the administrative determination. The Planning and Environmental Commission is required to make findings of fact in accordance with the Vail Town Code: The Planning and Environmental Gammission shall an all appeals make specific findings of fact based directly an the particular evidence presented tv it. These findings of fact must support conclusions That the standards and conditions imposed by the requirements of this title (Zoning Regulations, Tifle 12) have or have not been met. C] 2 VE. STAFF RECUMMENDQTION Staff recommends that the Planning and Environmental Commission uphold the Department of Community Development's administrative determination, subject to the following finding of fact: That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations} have not been met with the applicant's proposal. Pursuant to Section 12-9A-2, Vail Town Code, an Application far a Major Special Development District Amendment must be submitted before the application will be considered complete. • 3 J ~~ ~ ~ ~~ c~ fu a cv c`~o r V `~ f r N~ C~,1 ` .~`~~ ~~~ ~~ ~~~ ~~, ~~ ~~ N `"~ N r I ~~ ~ ~ ~- ~- a~ ~~ FILE COPY TOWN OF UAIL Department of Community Development 75 South Frontage Rand Y'ail, Colorad© 8I6S7 970-479-2138 F,4X 970-479-452 tivww ci. vail. co, us July 25, 2001 Mr. H. Michael Miller Berenbaum, Weinshienk & Eason, P.C. 370 Seventeenth Street Republic Plaza, Suite 2000 Denver, CO 80202-5026 Re: "Fallridge Parcel" - A resubdivision of Part of Lot ~ „ Sunburst Filing No. 3 Michael: Please accept this letter as the Town of Vail Department of Community Development's "administrative determination" on the issue of procedural requirements for an amended development p@an for the above-referenced property. As you are aware, the ordinance adopting the Fallridge Special Development Dis#rict (Ordinance 17, Series of 1977} contains a requirement for the provision of recreational amenities on a land area of "approximately 2 acres adjacent to SDDB...subject to approval by the Town." Site plans on file (copy attached} for the Fallridge and Uail Golfcourse Townhouses properties indicate, as required under the ordinance, that a 2.289 acre area was dedicated to recreation uses and encumbered with a recreational easement. Additionally, in response to this requirement, the Fallridge Condominium Declarations indicate an identical area totaling 2.289 acres was dedicated to recreation uses for the benefit of the association. Please refer to Exhibit B (attached) for additional details. It is clear that the land areas placed under a recreational easement totaling 2.289 acres adjacent to the Fallridge Condominiums are the Cand areas referenced in the ordinance adopting Special Development District #8. Pursuant to Section t 2-9A-2, Vail Town Code, "any proposal to change uses, increase gross residential floor area, change the number of dwelling or accommodation units, modify, enlarge or expand any approved special development district..," constitutes a major amendment to the approved special development district. The Department of Community Development has determined this request to modify the approved special development district constitutes a "major amendment". Therefore, the appropriate procedural avenue for the subdivision of the above-referenced property involves an Application for a Major Special Development District Amendment and an Application for a Minor Subdivision. RE'CYGLED NAP~R Pursuant to Section 12-3-3, Vail Town Code, your client has the right to file an appeal of staff's administrative determination between August 13, 2801 and August 23, 20Q1. An appeal of staff's administrative determination would be heard by the Town of Vail Planning and Environmental Commission at a public hearing to be scheduled within thirty (3Q} calendar days of the filing of the appeal. I am enclosing Section 12-3-3(B}, Vail Town Code, far you information as well as an Application for Appeal of Administrative Actions. If you would like to discuss this matter in greater detail, please contact me at (970} 479- 2140. Sincerely: Brent Wilson, P,ICP Senior Planner C] • ` ~^ .., - A~oAll~ ~ ~ _ -- _ .. m ^c°'~.<t7l tel. L' ts~ LEGAL DESCRIPTION RECREt1TZ©N PARCEL A part of the A]azth half cif the North half of Section 9, Township 5 South, Range 80 4dest of the Si:~th Principal. rieridian, Tocvn of Vail, County of Eagle, State of Colorado, mare particularly described as follows: 0 Comn~encinc~ at a point from which the Northeast corner of said Section 9 bears P;58°21'33" E, 1855.80 feet, said paint being the True Point of Eeginning; thence N 28°07'01" 4~~, 133.52 feet; thence N 31°52'59" E, 25.40 feet; thence N 58°07' Ol" 4~], 111.00 feet; thence S 31°52'59" t~1, 57,12 feet, thence N 83°07' Ol" ird, Qi.24 feet; thence N 2S°07'01" T,d, 117.12 feet thence S 61°52'59" W, 111.00 feet; thence S 28°07'01" E, 122.45 feet; thence N 89°23'91" W, 220.00 feet; thence N 40°36`19" E, 168.$3 feet; thence N al°41'30" E, SOG.20 feet along the South right-af-way Line of Sunburst Drive; thence S 22°02'08„ thence S 64°22'51" thence S 14°07'01" thence N 8~°07'41" thence N 87°47'55" containing 2.2$9 a E, E, E, ti~r , LrT , cre 204.78 feet; ' 86.00 feet; 124.13 feet; 54.00 feet; 51.91 feet to the True Point of F~eginning, s, mare or less. I NATtTRE Op' APPEAL The subject property is not now and has never been a part of the recreation amenities parcel to be provided by the developer in accordance with section 1~.~1 .070 of Ordinance No.17, Series of 1977 (the "Ordinance"}. The correct legal description of the designated recreation amenities parcel of approximately two acres which was provided by the developer pursuant to the Ordinance and is administered by the applicant, is set forth in Brent Wilson's letter to Mike Miller dated .Tiny 2.5, 2001. This legal description does not contain the subject property. Consequently, the subdivision of floe subject property does not modify SDD info. S and does not constitute a "major amendment" of this SDD requiring an application for a Major Special Development District Amendment. Even if one assumed far the sake of argument that the subject property was the recreation amenities parcel set forth. in the Ordinance, the subdivision of this property would not require a "Major Amendment to a Special Development Dr5t4•ict". Section two (2) of tl~e Ordinance rezoned the land zoned SDD l~lo. 1 into three zone districts; Law Density Multiple Family, Special Development District No. S and Public Use District. The subject property was zoned Low Density Multiple Family. It is not a part of SDD Na. 8 and the subdivision of this property would not require a major amendment to SDD I~~a. $, • • • THIRD AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR FALLRIDGE RECREATIONAL FACILITIES THIS THIRD AMENDMENT to the Declaration of Protective Covenants, Conditions and Restrictions for Fallridge Recreational Facilities is made as of November 30, 1999. ARTICLE 1. RECITAL 1.1 Fallridge Community Association, Inc., a Colorado non-profit corporation ("Association") is the owner of certain property located in Eagle County, Colorado which is described as part of Lot 1, Sunburst Filing No. 3, Eagle County, Colorado ("Association Praperty") . 1,2 The Association Property includes a parcel of approximately .31 acres more particularly described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Release Property") 1.3 The Association Praperty is subject to a Declaration of Protective Covenants, Conditions and Restrictions for Fallridge Recreational Facilities recorded December 9, 1977 is Book 263 at Page 429 of the records of the Clerk and Recorder of Eagle County, Colorado, and Amended Declaration recorded January 25, 1978 in Book 265 at Page 956, and further amended by dacurnent recorded October 5, 1978 in Book 276 at Page 283 (the anginal Declaration, together with the amendments, are herein collectively referred to as the "Declaration") . 1.4 1'he Declaration provides that the Association Property is subject to a recreation easement as set Earth in the Declaration. 1.5 The undersigned, constituting SQ% of the lot or condominium unit owners who are members of the Association, desire to amend the Declaration to exclude the Release Praperty from the terms of the Declaration. 1.6 The undersigned further desire to atnend Section 3.1 of the Declaration by adding thereto the right of the Board of Directors to sell or lease all or any part of the Release Praperty. NOW, THEREFORE, the undersigned hereby amend the Declaration as failows ARTICLE 2. AMEI\TDMENT 2.1 The Release Property as described on Exhibit A attached hereto and made a part hereof is hereby excluded from the terms and conditions of the Declaration, and the Declaration shall be of na further force or effect as to the Release Property from and after the date of the recording of this Amendment executed by $0% or mare of the members of the Association and approval of the holders of mortgages or deeds of trust of at least $~% of the Lots or Condominium Units. 2.2 Section 3.1 of the Declaration is hereby amended by amended by adding thereto the following subsection {{~: {f) The right of the Board of Directors, in their discretion, to sell or lease and convey the Release Property an terms and conditions they deem appropriate and which they deem are in the best interests of the Association. IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date first above written. • • STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 1 }99, by WITNESS my hand and official seal. My Commission Expires: Notary Public J 1{'~DOCSICLSENI'1RC1fALLR7DCIAMEDECLO.WAO (sld 712/US) • ~., ^~ .F_: ~•~ ~~ f ` . 4 s, }^^ [ .~` ~. t ~: (Y ''':/ ix t ~ ~ ~. . ~ . y ~ ~.. . ~ : -tire , fT y ,,~-. w .f 1~ ~,. .. _ 4 ~ a 1 ~ y ~~ ~ t 4 •~ I r ~ ~ si r ~ ~ ;' 1 ~` ~ -* w !'rrr ~~ J 1 f r - ,.r • • _,~ e k } ~,~~ ~Y D: ,T~ir _ ~ ~~_; -, ., b ll V ~~ '...i ~.:f r t ~: i, ~ {' ~. ~~~. ~n~, ~rv'A .~'.." - ~~ ' ~ .`~ 4 r ~ t i. r r ' x ~' +! I Y f 54 f ~ 1 I 1 1 t f.. ~,~,~~~ ~ .. a ~.. ,~ ~ ~ t_ ~" ~ , t *~ ~ f I ~, i ~yyp ~ h J ~ ~ ~ ~} ~ ~ ~~ `F k . P ~ ~~ =ti - e .f .." ;.. .. -. .. !R rt ; '~-~,,.~i-~'.k a _+'~ -r g ...wf' s -, t 7 } + y 7 i • ~3 .'f q V i. dl .. t ~. k „~, dsPY ik N .l4L j ~ S f ,. i ,~ S i ~ ~ _.o-"'"4 S . 3'~•, ~,kg r"~ a ~ f, k a r~` ~r 'I~ %*'R i x ¢' Y~' 'C n n v IR ~ D C ~ ~ ~ m D ~ O N ~ ~ m T 4:.v~~ y, ..1. ~'. ~ '~ { ,~- - t': M1 -T1 . ~r -. ~h.t•. '~1.• ~ 6 t %.~G.:P~s.A..'..:.~ Vii;.-s"`~iCf ~~' ' ~} ~~ S!'~C'l.;L I?T~~'~LOf"+tL;tiT DISTit1CT S {SUDS Chapter l $.41 . - - SI'ECT~L DE'+-ELOP~IENT DTSTRICT S (SODS) Sections: 15.41.d1d Purpose. 18.41.420 lstablasl7ed. 1$.41.030 Permitted uses.. T$.41.040 Conditional uses. 15.41.050 Accesson• uses, 15.4I.d(d 17evelopr7~ent standards. 1$.41.470 Recreational amenities. 18.41.010 Purpose. Special deti•elopment district 8 is established to ensure comprehensive development and use of an area in a manner that ' twill be harmonious ~~°ith the general character of the town, • provide adequate open space and recreational amenities, and promote the objectives vi the coning ordinance. The developm°nt is re4arded as complementary to the to~tint by the town council and the planning commission, and there. are si~niticant aspects of the special development which cannot be satisfied through the imposition of standard districts an the _ area. (flrd. 17(1917) y 3 (part}.) I$.41,020 Established. A Special develogtnent district $ Ts establashed for the develogrnent of multifamily d~i~elling and commercial enterprise on a parcel of Iand comprising one and three-tenths acres in the forrneriy created SDl area of the . town; special development district $ and said one and thr,:e-tenths acres is referred to as SDDB. I3. The existing building consistin; of seventy-one d~4ellin units cr~naains approximately eiQht'y-five thousand square feet of gross residential. floor area and approximately five thousand two hundred fifty square feet of commercial • space, and one hundred forty-three. underYmund partiing spaces, and shall be included in SDD$, (Ord. 17(1977} § 3 (Part)-? 39'-1 (Nola 9.30-77j V i ZQNING 18.41.030 PerrrsiCted uses, In SDDS (e:cistin, buiidin@), the follotiving uses shalt be permitted A. 1~.fult±pie-farnil}• residential d~vellin°s; $. Accessory retail and restaurant and service esIautishments not occupying more than five #housand two hundred fifty square feet including the following: Apparel stores, Art supply stares and galleries, Bookstores, Camera stores and photographic studios, Candy stores, Chinaware and ~lassw•are stores, Specialty food scores, i°larists, Cift stores, Hobby stores, 3e+,velly stores, Leather goods stares, Liquor stores, tie~~5stands and tobacco stores, Sparring goads stores, S[ationer,.~ stores, Tay stares, Variety stares, Barbershops, Beauty shops, T'rati•el and ticket agencies, Delicatessens with food service, Cocktail lounr~es, ta~~erns and bars, Coffee shops, Fountains and sand~t~ich shops, Restauranu; C. The leasing yr selling of excess parking spaces in order to attempt to accommodate autamabiles generated by development on adjoininb property; I}. Additional businesses ar services determined to be similar to permitted uses in accord with the provisions of Section 15.fi6.Q40. (©rd. 17(3 977) § 3 (part).) (vet 4-3a~~~ 392-2 • ~_. SP~CI.~L DLVEL©4';~1f~ti~T DISTITI~T 8 (Si~UB) 1$.41.040 CUnditiunal uses. In 5DA$ the follor~.inc Condit.~na] uses shall be pc:rtittcd subjeeI to the issuance of a conditional use permit in accord +.vith the pror•isions of Cha;,ter ] 8.60:. A. P'ubtic utility and pub;~c scn°ice tlses; $. Pt.:blic b4lilclln~, crour _'.s and r"acilittes; C. P.~l~1ic or frrir':ttc sl~esrc ~s; D. Public park and recrec:iana] facilities; E. Iri~;etinc roams. (Ord. 17(1977} u 3 (pay ..;~.} i F. Major arcade, ~~ long as it does not haue any exteric~ frontage on an;r~ p~bl >c way, street, wal k,•ray, or ma.1 18.41.1750 r'~cc::•ssor: cases. area (Ord 6, i°o2 1n SIDS the fall~avn; accesson• uses shall be permitted: A. Indoor and outuoor recreational faciiiti`s, inciudin~ but not limited to, srtiimralin_^_ Yoals and tennis CGUTtS; $. Home occupations, subject to issuance of a home occupation permit in accord raitlt tfle previsions of Szction l$.53.130; C. C)ther cases customarily incident: t and accessory to permitted or conditional uses and necessary far the operation theretif. {C}rd. 17(1977} § 3 (Fart}.} D. Minor arcade (Ord 6, 1982} 18,41.060 Development standards. General density plan of SUDB, existing building ma:~imurtt moss resid:ntial flc~ar area (square feet} . ....... . ................... SS,000 h'faximum number of drFellin; units ...... . .. . ... 71 Maximum cross commercial Ooar area . (sclctare feet} ....... . ... . ... . ....... . .... 5,?50 Undc:rcrQCrnd parking spaces ................. . . 14~ (C1rd. 17{1977} ~ ~ (Part}.) 1$.41,070 Rccreatiors:lt antcllitics. ` T}te dcvela}~rr slt:,t] pror•id~ a parcc3 of land of appra:cimatcfy trva acres from land acI}.lccnt to SUDS, presently . _ orvncci by ii and not rtcccssarily contiguo~zs to the SUDS, a•]liclt ~~~-,] (Vail 9.30.77) ~ I 1 ZON1;\G LJ parcel Sha1I 1;~ used for recreational amenities to be provided by _ the de~'zloper, and determined jointly by the developer of _ SDDS : nd the deg°eloper of said adjacent Land subject to approval by the town. Tt°,e owners of dwelIin9 units located w4thin SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association goverrtir;g the recreational amenities parcel of which all owners of d~rellinc units in SDDa and on said adjacent Land are members. (ord. 17(1977) ~ 3 apart)») fi {veil 9-3 o-77) ~ ~ ~-`~ • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2001 SfJBJECT: A request for a conditional use permit and a request for Planning and Environmental Commission review of grading and landscape modifications with the 1 Ct0-year floodpiain, to aNow for the modification of an existing raw water intake and pump station facility, located at 5186 Black Gore Drive /Lot 8, Heather of Vail Subdivision. Applicant: Eagle River Water and Sanitation District Planner: Brent Wilson L J I. BACKGROUND AND DESCRIPTION OF THE REQUEST The subject property is a common parcel owned by the Heather of Vail Owners' Association. Eagie River Water and Sanitation District ~ERWSD) has an easement on the property where the existing water station improvements are located. The property is zoned "Residential Cluster" and "public utility and public service uses" are a conditional use within this zone district. The proposal includes the following: • Removal of the existing pump station building; ^ Replacement of the existing raw water intake screens within the creek bed; • Placement of an above-ground control panel, antenna and vent; ^ Grading and landscape improvements. Please refer to the attached drawing reductions for a graphic description of the proposal. • Existing Raw Water Intake Pump Structure ~~~1~'; ~~ msrN of a-sn'~ In 1999, ERWSD submitted a similar conditional use permit application far an expansion of the existing station. However, due to concerns from adjacent property owners, ERWSD withdrew its application so it could pursue an underground option with less visual impact to the neighborhood. II. STAFF RECOMMENDATI(}N As of the drafting of this staff memorandum, a flood study has not been submitted for staff review. Therefore, the Department of Community Development recommends the PEC table the application to the Clctober 8th, 2001 meeting. However, if the applicant is able to demonstrate to the satisfaction of the staff and PEC at the hearing that no adverse flood plain impacts will occur, the Community Development Department would recommend approval of the applicant's request for a conditional use permit to allow for the modification of an existing raw water intake and pump station facility, based upon a review of the criteria outlined in Section. iV of this memorandum and the following findings: FINDINGS That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Residential Cluster zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the Zoning Regulations. 4. The Planning and Environmental Commission finds that adjacent properties will not be negatively impacted by the proposed modifications within the 100-year floodplain. if the Planning and Environmental Commission chooses to approve this request, the Department of Community Development recommends the following conditions: CONDITIONS That the applicant receives approval from the Heather of Vail Owners' Association and that both parties agree to a revised easement to reflect the locations of all public utility improvements on the site prior to the construction of any new improvements. The easement instrument shall be recorded with the Eagle County Clerk and Recorder within 90 days of the completion of the installation of the new improvements. 2. That the applicant coordinates with the U.S. Army Carps of Engineers to update/modify the existing Department of Army Permit #1901017150 to ensure compliance with the Clean Water Act prior to the commencement of construction activities on the site, if necessary. 2 III. REVIEWING BOARD ROLES - CONDITIONAIr USE PERMIT Planning and Environmental Commission: The Planning and Environmental Commission is responsible for approval/denial of a Conditional Use Permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs, 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. ~. The environmental impact report concerning the ,,proposed use, if an environmental impact report is required by Chapter t 2 of this Title. 7. Conformance with development standards of zone district Design Review Board; The Design Review Board has no review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. IV. CONDITIONAL USE PERMIT CRITERIA AND FINDINGS In accordance with Chapter 1 ~ of the Municipal Cade, the following criteria are applicable: 1. Relationship and impact of the use on development objectives of the Town. The Residential Cluster District is intended to provide sites for single-family, two- family, and multiple-family dwellings at a density not exceeding six f6) dwelling units per acre, together with such public facilities as may appropriately be located 'rn the same district. The district is also intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the District by establishing appropriate site development standards. Staff believes the applicant"s proposal furthers the Town's development objectives by providing services that are critical to the primary residential uses • outlined in the district. Staff believes this request furthers the following goals from the Vail Land Use Plan: 6.1 Services should keep pace with increased growth. ~ 'I 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff does not believe this proposal would conflict with any of the goals, objectives ar policies outlined in Veil's Comprehensive Plan. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes this proposal will have a positive impact on public facilities as the proposal involves an improved intake system for public water use. Staff does not believe this proposal will negatively impact any of the above-listed facilities. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff does not believe this proposal wall negatively impact any public transportation systems. However, coordination with the Heather of Vail Owners' Association is necessary at a private level to ensure access to private parking areas is maintained. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes this proposal will have a positive impact on the character of the area due to the removal of existing structures and the grading and landscaping improvements proposed. Adjacent properties to the east are being designated as open space and staff believes this proposal wiN provide a more natural and less utilitarian aesthetic. Pursuant to Section 12-12-3(A}, Vail Town Cade, activities such as the "alteration, repair and maintenance of existing structures and site improvements" are exempted from environmental impact report requirements. Given the fact that the raw water intake structure and associated equipment are already established on the site, staff does not anticipate any negative impacts to vegetation, riparian areas ar other natural features. The U.S. Army Corps of Engineers will ensure compliance with Clean Water Act provisions and wetland regulations with its review of the associated 4fl4 permit. Therefore, the Town requested a report indicating existing and predicted base flood elevations to ensure compliance with the provisions outlined in Title 14, Vail Town Code. Staff believes all other environmental concerns have been, or will be, addressed by the federal government. 4 • The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the Zoning Regulations. • 5 EAGLE RIVER WATER $c SANITATION DISTRfCT August 3D, 2[}D1 1~ 646 Forest Road • Vail, Co€orado 8657 (970) 476-7480 • FAX [970) 476-4089 • Mr. Brent Wilson Town of Vai] Community Development 75 South Frontage Road Vail, C[) 81657 Subjcrt: Gore Creek Intalte Structure Dear Brent Please consider this letter to be a written statement of the nature of the proposed use for the Gore Creek intake Structure Conditional Use Permit Submittal Requirements: Eagle Diver Water and Sanitation District proposes to modify the existing raw water intake and pump station. facility, which serves the Gore Valley Drinking Water Treatment Facility. This modification will include: removal of the existing above-ground pump station building, replacement of the intake screens in the creek bed, re-grading around the existing under-ground vault and stairs, placement of an above-ground control panel, antennae and vent, and landscaping improvements. The existing facility is located on a parcel of ]and awned by the Heather of'Vai] Condominium Association, on which the District has an easement for the facility, access and utility work. An application for this project was previously submitted to the town in 1999, consisting of a surface water intake and additional shave-ground structures and appurtenances. This design was not well received by the Commission or the Condominium Association; the District has since re-designed the project as a river bed infiltration gallery. This new design allows the removal of the existing pump station building and requires no additional alcove- ground structures. The proposed use is expected to have a negligible impact on: a) the development objectives of the Toum; b) light or air, distribution of population, transportation facilities, utilities, schools, parks or recreation facilities, or other public facilities or public facilities needs,. c} traffic, with particular reference to congestion, automotive or pedestrian safety and convenience, traff c flow and control, access, maneuverability, ar removal of snow from the streets or parking area, or d) the character of the area in which the proposed use is to be located, including the scale anal bulk of the proposed use in relation to surrounding uses. Per discussion with you, I have not included a check far tl~e application fee as this was submitted with our previous application, and that ale was tabled at the hearing. 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Applicant: Robert f3alas, represented by Rob Krumhofz Planner: Bill Gibson I. BAGICGROIJND AND DESGRIPTION OF THE REQUEST The applicant, Robert Bolas, is requesting a variance from Section 12-11-3(C), Vail Town Code, to allow for the continuance of nonconforming building materials, located at 5047 Ute Lane, Unit B/Lot 33, Vaif Meadows Filing 1. The applicant recently submitted a Design Review application proposing the construction of a new two-car garage and addition to Unit B of the existing two-family residence located at 5047 Ute Lane. This proposal consisted of approximately 427 square feet of new garage area and approximately 477 square feet of new gross residential floor area (GRFA). Please refer to the attached plan reductions for details of the proposal. The existing exterior finishing material on this two-family residence is painted plywood siding. The requirements of Title 14, Devel©pment Standards Handbook, Section 10, Design Review Standards and Guidelines, D. Building Materials and Design, Paragraph 1., of the Vail Town Code, state: "...Plywood siding shall nvf be permitted. „ Since this two-fiamily residence was constructed under Eagle County jurisdiction and later annexed into the Town of Vail,. the existing use of plywood siding on this residence is considered legally non-conforming. The applicant is not proposing the use plywood siding on the proposed new garage or addition, however, the applicant is proposing to continue the use of the existing plywood siding on this two-family structure. The requirements of Section 12-11-3 (C), of the Vail Town Code, state: "Noncor?forming Sifes And Structures; Effecf Qf Design Guidelines: 1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA fha[ is permitted by the density contra! section of various zone districts), commercial floor area, or garage area credit is added to any existing structure or site. ~. From the effective date of July21, 7998, (here shall be permitted aone-time exclusion from this provision for an expansion to single-family, tuva-family, and primary/secondary residential dwelling units. Thr"s one-time exclusion shall be allowed far a single expansian of five hundred (5Dl?~ square feet or less of allowable GRl=A ar garage area credit per dwelling unit. !n which case, structures maybe expanded without requiring upgrades to entire structures and sites to conform with the design guidelines. The addition itself, however, shall conform with the design guidelines. An expansian which is greater than free hundred (x'00) square feet, ar any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 3. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the Design Review Board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer ar mitigate development impacts associated with the expansion/remodel. 4. Expansions made pursuanf to Section 12-15-5 of this Title shall require full compliance of the entire dwelling unit with the design guidelines. interior conversion additions pursuant to Section 12-15-4 of this Title steal! not trigger the requirement for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a demo/rebuild, pursuant fa Section 12-2-2 of this Title. ((Jrd. 1f~(1998) § 7: Ord. 39(1983) § 7)" Based upon these requirements, if the applicant proceeds with the proposed new garage and addition then the applicant is required to discontinue the use of the existing plywood siding on the entire existing two-family residential structure. The requirement that the applicant discontinue the use of the existing plywood siding on the entire structure rather than just Unit B is based upon the above mentioned requirements of Section 12-11-3 (C), of the Vail Town Code and the requirements of Title 14, Development Standards Handbook, Section 10. Design Review Standards and Guidelines, ~. Duplex and Primary/Secondary Development, Paragraph 1., of the Vail Town Gode, which state: "The purpose of this Section is to ensure that duplex and primarylsecondary development be designed in a manner fhai creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except asset forth in subsection 2 below, with the use of unified architectural and landscape design.... Unified architectural and landscape design shall include, but not 6e Limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. " The applicant states in their letter dated September, 6, 2001 (a copy of which has been. attached for reference) that their request far a variance from Section 12-11-3(C~, Vail Town Code, to allow for the continuance of nonconforming building materials, should be granted based upon the fallowing: 2 1. The existing plywood siding on the Duplex is in excellent painted condition. 2. There exists another Duplex of like design directly to the south. 3. The practicality for the Uwner of replacing the siding on the Duplex (half of which he is not the Qwner) would make the Proposed addition imp{ausable. 4. Most of the addition GRFA is infill to the existing Duplex building footprint. Therefore„ in practical appearance, the Addition is mainly a garage (which is excluded from the provision). II. STA1=F I~FC©MMFNDATIO~! The Department of Community Development recommends the Planning and Environmental Commission deny the applicant's request. for a variance from Section i 2- 11-3{G), Vail Town Gode, to alRow for the continuance of nonconforming building materials„ located at 5047 Ute Lane, Unit B/Lot 33, Vail Meadows Filing 1., subject to the fallowing findings: 1. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Two- Family Residential Zone District. 2. There are no exceptions ar extraordinary circumstances or conditions applicable to this site that do not apply generally to other properties in the Two-Family Residential Zone District. 3. That the strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Residential Zone District. III. REVIEWING BOARD ROLES -VARIANCE Order of Review: Generally, applications will be reviewed first by the PEC fvr impacts of the proposed variance and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEG is responsible for final appravalldenial of a variance. The PEG is responsible for evaluating a proposal for: t .The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. a 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Gommission deems applicable to the proposed variance. Design Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRB application, The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Gonfiguration of building and grading ofi a site which respects the topography - RemovallPreservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations, The staff also advises the applicant as to compliance with the design guidelines. 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 fiacilitates the review process. Town Council: Actions of DRB or PEC maybe appealed to the Town Gouncil or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 4 IV. ZQNING -SETBACK STATISTICS Zoning District: Lot Size:. Minimum Required Lot Size: Standard AllowedlReai. Setbacks Front (Unit B) 20 ft. Side (Unit B} 15 ft. Rear (Unit B) 15 ft. GRFA Two-Family Residential District 24,175.8 square feet 15,000 square feet (buildable area} rirPd Exisfino Proposed 28 ft. 28 ft. 24.5 ft. 24.5 ft. >15 ft. X15 ft. Unit A 1,645 sq.ft. 1,645 sq.ft. Unit B 1,475 sq.ft. 1,952 sq.ft. Total 5,518 sq.ft. 3,120 sq.ft. 3,597 sq.ft. Garage Area Unit A 6041 sq.ft. 0 sq.ft. 0 sq.ft. Unit B 600 sq.ft. 0 sq.ft. 427 sq.ft. Site Coverage Total 4,835 sq.ft. (20%°) 2,453 sq.ft. 3,114 sq.ft, (13°J°} V. CRITERIA AND FINDINGS-SETBACK VARIANCE A. Gonsideration of Factors Reaardino the Setback Variance: 1. The relationship of the requested variance to other existing ar potential uses and structures in the vicinity, Qther existing structures within this neighborhood have been constructed with nonconforming building materials, however, potential new or renovated structures in this neighborhood will only be allowed to use building materials that comply to the requirements of fhe Vail Town Gode. The purpose and intent of the Vail Town Code, includes: Section 12-1-2, $., of the Vail Town Code: "To safeguard and enhance the appearance of the Town." Title 14, Section 1, of the Vail Town Code: "...The Development Standards will help protect property values, ensure aesthetic quality of the community and ensure adequate development cal property within the Town of Vail. " Staff believes that the granting of this variance request will not safeguard or enhance the appearance of the Town, help protect property values, or ensure aesthetic quality of the community and therefore will not have a positive impact upon other uses in the vicinity. 5 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of speciial privilege, Hardshia,: Staff does not believe that this variance request is based upon practical difficulties, unnecessary physical, or exceptional or extraordinary circumstances or conditions. Section t 2-17-1 (p), of the Vail Town Code states that "...Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance." Special Privilege: There are no records of the Planning and Environmental Commission ever granting a variance to continue the use of nonconforming building materials in the Two-Family Residential Zoning District or any other zoning district within the Town of Vail. Other existing structures within this neighborhood were also constructed under Eagle Gounty jurisdiction with nonconforming building materials, however, potential new or renovated structures in this neighborhood will only be allowed to use building materials that comply to the requirements of the Vail Town Code. Staff believes that the granting of a variance to allow the continued use of existing nonconforming building materials is not consistent with the purpose and intent of the Vail Town Gode, which include: Section 12-1-2, 8., of the Vail Town Code: "To safeguard and enhance the appearance of the Town. Title 14, Section 1, ofi the Vaii Town Gode: "...The Development Standards will help protect prope~y values, ensure aesthetic qualify of the community and ensure adequate development of property within the Town of Vail. " Staff does not believe that the granting of this variance request is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe there would be any negative impacts associated with this proposal, if constructed, on the above-referenced criteria, r: G B. The f iannina and Environmental Commission shall make the following findings before granting a variance. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Title.. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. • I ~-~~r~.tmhafz,, ~fA (-'~ ~i~~`` ~o~.gaz •~1• $nx .4ozo Faglej Cofaradt~ 8~63i (g7o) 32&-ss~~ f faxJ 3z8-~~~~ September $~ aooi Bi~f Gibson Dept o f Comm uni ty Development 75 South Lrflntage ~ILoad . ll~i[~ CCU $a~~7 X9701 4792138 Rl=: Addition to the Galas Residence (~12 Dup[ex~: X0$7 (<{te Lane Last Vai[ Lot_3~.1Zai~ ,IVleadows [st.Lifing Prono.5ed Addition: [ awer 1 vE - 2-car Garage (q,z7 sf~ /]V1Udrobm t sf) ~! p~+er 1~ -Studio (217 s f J f Deck ~.nc[osure (38 s f ~ F~ Decf~ X34-4- sf~ Dc.rring the initial Design Review of our Project (~4' 8/ij it came to {fight that the e,~cisting Duplex Site 8~ Structure ~tllat we would propose to create an Additon to) was originally constructed udder the jurisdiction of ~e County and later annexed into the Town of fail. Although at present considered a legal Wort-conformincd e ~ Strutsuret a_stri~inrerpxetation_c~f_the_`~ou~CQde wouldrequirP ~14.rs~ in.cfr~des~oving and replacing-the existing p[ywd siding an the existing duplex in order to conf„~ ~~~ at the time of the Addition. Title_14y 1~eveLopmer~.5tantl~rdstSectiar>_D, L~ii~dzng.-'~~aterr'aLs arld~7~.signt.~aragra_p3~ Lof t~ie.Town Code-srwing:'f_.-_,1~,3ei~ez_al~urn~.steel~nor_~~i.stic.siding, n,ar sim~ ~~ a*edstone_ar. hric[~ shall he~ permitted. Plywood siding shall-not be permitt~.d." As ouT propO5~d 7rtcrea~e 111 ~~,~, is s.llghtfy over tha~_~liowed~or.~.1.~.,?cclusl~n_farrl>?s ~-ravision~ we therefore request a Variance f;o~-~,: Section.xz,1~-3(c~-i. '~,i'ait.~`c2wn_~ode,_to ailouz for.theacanranuance of ncm-cou,~.~..~.in~buiidingmaterials on the grounds that: 1~ The existing p[ywd siding on the Duplex is in exce[4ent painted condition. zj There exists another Duplex of li~Cr, design directly to the south_ 3~ The practicality for the Owner of replacing the siding on the Duplex (half of which he is not the Owner} would make the Proposed Addition imp{ausab[e. - q~.~o.~tQf >=he ~dditi~~R£~.is infii~to rile ezcisting~up[ex fau~ding:fQ~rir~, l~.erefnrei.in practical appearanl;e~,_the .~I.dditioil-is maim .~.Caza<ge- f sa~[~ic3~. is e~ccfuded_f rant the. prrnri~ion~. /~,5. rer}uiredc~i_i_ne~ matt~rials_and dE5_Q71 wt`{i_COtTf1)1't1] LIJ_t}ze~~nw.n.~Qde~aind~esign ~eviesv re[~uirements. W{re~n the~u~-iex~i.~neres~cted,,_ats~ne ~it~rriatef~il~match..thr~semateria~s an_ttie.neui.~dditic~n and conform fui{y to tht. ~cve{~~.~„ent Standards. 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I :O I Z'S ~~ ~ ~ ~ ~ i I ,. ~.., i _. _ _. _. _ .. r... 1 Y__i _~ -~ I\ ._ ~ ~~ ~,_ ~ ~ ~ 4 1 ~ ~ gin. . i ,:~`: ~ ~i ,__ I I tl +~ i' I~o ~~ ~~ ~;~ .~. h~ W ` x w x oQ ~, ~: ~a ~~ q ~, ,~ ~~~ ~ ptr. ~~ ~~ ~ ,.K ,,. ; ,o, ..o i .; .~, ~-~, I ~ ~ I ~ I '~~IIII~III -- - Y ..~T ~ ~ I~ ~ ~~ 1 ..... ~l ~ ~~~ ~~~ I IIQ III ilk P ~ ~~~ ~~ ~~ ' !MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 24, 2pD1 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 ^ensity Residential", and a request for a rezoning from "Natural Area Preservation District" to "Housing Zone District" to aglow 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 I. 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: 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 Lat 1 (the housing site, known as Middle Creek Village), Lot 2 (the Mountain Beli 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 fend use designation from "C]pen 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 O!F 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 C~west 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. t TOWN OF VAIN ~~ ^~ III. ROLES OF THE REVIEWING BOARDS A. MAJOR SUBDNISON Planning and Environmentai Commission: Action: The Planning and Environmental Commission is responsible far 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 an the general welfare of the community. Design Review Board: Action: The DRB has IVO 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 PEAN AMENDMENT Planning and Environmental Commission: Action: The PEC is advisory to the Tawn 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. Design Review Board: Action: The DRB has lV0 review authority an 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 Town Council: Action: The Town Council is responsible for fPnaf approval/denfal of a Vail Land Use Plan ameradmenf. The Town Cauncil 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 flail Land Use Plan and other applicable master plan documents. G. REZONING REQUEST Planning and Environmental Commission: Action: The PAC is advisory to the Town Council. The PEC shall review the proposal and make a recommendation to the Tawn 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. Design Review Board: Action: The DRB has 111E review authority on zoning/rezonings. Staffi: 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 baclsgraund an 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. MA.lOR SUBDIVISION The Community Development Department recommends that the Planning and Environmental Commission approve the preliminary plat for Middle Creek Subdivsion located at a Par# of the 51/2 of the SE1/4 Section 6, Township 5 South, Range 8tl West of the Sixth Principal Meridian, based upon the criteria evaluated in Section V of this memorandum, The recommendation of approval includes the fallowing 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 ~. 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 ofi 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 IfSE PLAN AIMENDMEN'T 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 tl~e 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 fhe area. ~. 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 fallowing 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 far Middle Creek Subdivision has been approved and filed with the C?ffice of the Clerk and Recorder of Eagle County, Colorado. V. MAJOR SUBDIVISION A. GENERAL OVERVIEW OF A MAJOR 5UBDIVISION 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. I. 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 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. Qrdinances, resolutions and other applicable documents; 5. Environmentallntegrity; 6. Compatibility with surrounding land uses; and ~. Effects upon the aesthetics of the Tawn 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 Tawn Council. The Council may appeal the Planning and Environmental Gammissian'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 Comm%ssion public hearing. The Council shall have thirty days to affirm, reverse, yr 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 Cammissian preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Cammissian 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 Environments! 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 SUBDIVI510N 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 shah rest with fhe applicant to show that the application is in compliance with the intent and purposes of this Chapter, fhe 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 rather agencies consulted under subsection f 3-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdr`vision 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. ~. Subdivision Control There are three lots being platted as part of this major subdivision request: Lat Zoning Lot 1 Housing (proposed) Lat 2 General Use Tract A Natural Area Preservation Lat Size 6.673 ac. 290,676 sq. ft. 1.096 ac. 47,742 sq. ft. 17.226 ac. 750.365 sq. ft. Buildable Area Fronta_ e 4.573 ac. 1145.75~t. 199,200 sq. ft. Not applicable Via 40 ft. easement Nat applicable 1545A2 ft. Lot 1, Middle Creek Subdiv~isian: Lot 1 is proposed to be zoned to the Housing Zane District. According to Section 12-fit-10: Other Development Standards: 7 Prescribed Sy Planning and Envirvnrnental Commission: In the Ff 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. tot area and site dimensions. B. Building height C. Density control (including gross residential floor area). There#ore, 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 114.75 ft. are appropriate in this subdivision. Lo# 2} Middle Creek Subdivision Lot 2 will remain zoned General Use. According to Section 12-9C-5: Development Standards: Prescribed 8y 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. Lor area and sire dimensions. 2. Setbacks, 3. Building height. 4. Density control. 5. Site coverage. fi. Landscaping and site development. 7. Parking and loading. Therefare, 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 44 ft. Generally, the minimum frontage requirement within the Town of Vail varies from 30 ft. (residential zone districts) to 106 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. Therefare, 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 far this subdivision. 2. Densities Prouosed 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 4l?% 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 dwelfng units on Lot 1. This is approximately 42 dwelling units per buildable acre and 29.7 dwelling units per grass acre. Far 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 onPy allowable dwelling units in the General Use Zone District are Type III employee housing units. Tract A, Middle Creek Subdivision Tract A is zoned Natural Area Preservation District, with a land use designation of ©pen Space, No dwelling units are permitted in the Natural Area Presenratian District. 3. Regulations 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 Zane District regulations have been attached in Appendix E for reference. The I-lousing 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 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. (~rdinannP~~ re~r~lutians anri crthQr anniicable 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.U General GrawthlDevelopment 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 (infiU areas). 5.f1 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 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 Vait Land Use Plan identifies this neighborhood as Medium Density Residential. According to the Land Use Pian: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densr'ties in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would r"nclude private recreafion facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. 5. Environmentallntearity According to the Town of Vai6 hazard maps, Middle Creek Subdivision is located within a Medium Severity Rackfall 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 flaw from the Middle Creek Valley to be high during the lifetime ofi 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 flaw 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 re#erence. The report stated that while the proposed development of Lot 1 will have an impact an plan# and animal communities presently inhabiting the property, the loss of the 5.5 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 .i 6. 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 fallow 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. Ali 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. Cornr~atibilit~v with Surrounding 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 ©istrict. This property is adjacent to Lot 1. I-?© 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, 7. Staff believes that the subdivision is compatible with surrounding uses. Effects Uoon the Aesthetics of the Town and Surrounding 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: Deve!©pment Plan Required: Compatibility With Intent: 7o 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 shalt be required. As the development plan wiNl 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. VL. LAND USE PLAN AMENDMENT A. GENERAL QVERVIEW QF THE PLAN The Vail Land Use Pian was initiated in X985 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 garde 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 far new development proposals. In con9unct'ron 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 Cauncii by resolution. 3} The private sector can also initiate amendments to the Vail Land Use Plan. Applications may be made by a registered vo#er, 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 ~5 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. The Comprehensive (]pan Lands Plan identifies the Mountain Bell Site as "approximately half vfi 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 far the protection of sensitive land and open space, not as a guide far 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 an a 25 acre site Awned by the Town of Vail which is north of 1-7Q. 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 ifs 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 propasai. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the fallowing three criteria: Criterion ~: Haw conditions have changed since the plan was adopted The Vail Land Use Plan was adapted in 1986. Since then the Tvwn 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 199Q. The primary purpose of the study is to provide guidance and direction by developing a series of policies and recommendations to address the 14 1 community's need for expanding the supply of affordable housing far its local residents, both year-round and seasonal. The Town of Vail Affordable Housing Study provided the #ollowing recommendations: a. Provision for accessory units in single family, primaryfsecondary, and duplex gone districts. b. Create new definitions in the land use code far 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 protect 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 far 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 housr"ng units constructed within the Town of Vail By Resolution Na. 25, varies of 1999, 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 Flan (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 far 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 far affordable pausing 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, Tawn 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 cancenfrated 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 Tvwn of Vail Housing Authority and the Comprehensive Qpen 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 ]nvestigation 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 Pian. i.p General Growth/De~elapment t .1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bath 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 6e maintained and upgraded whenever possible. t .6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for same low intensity uses tin areas that are not highly visible from t6 1 the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. i.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 fior 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 1~egulations are intended to: F~ramote the ccprdinated and harmonious development of the T©wn 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 t zoning regulations are specific with regards to development an 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: i) 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 Gode, 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 far 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 f 2- i-2 of this Title and to provide for the public welfare. The General Use District is r'ntended 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-$C-1 of the Town Cade, 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-$C-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 t8 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 vita! to the Town's tourist economy, The intent shall not preclude improvement of the nature! 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 sand 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, Middie 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 - amultple-family hauling project currently zoned Nigh Density Multiple Family. Tract C, Vaii 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. 1~7Q Right-of-Way--land owned by CDOT but located within Town of Vait boundaries. As a read right-of-way, there is na 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. 2j Is the amendment presenting a convenient workable relationship with land uses consistent with municipal nbfectives? 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 t9 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 f2-~-2 of this Title and to provide fnr the public welfare. Certain nonresidential uses are allowed as conditional uses, which are Intended tv be incidental and secondary to the residential uses of the district. The Housing District is Intended tv ensure that employee housing permitted in the Distrr"ct is appropriately located and designed to meet the needs of residents of Vail, fa harmonize with surrounding uses, and to ensure adequate Tight, 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 Zane 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: b5% or as approved by the PEG Landscape Area: 3g% Setbacks: 20 ft. or as approved by the PEC Parking: per Gh. 12-10 or as approved by the PEC 3} As part of the rezoning of Lot 1, Middle Greek Subdivision, to the Housing Zone District, the Planning and Environmental Gamrnission would be adopting a development plan for the site. This will occur at future Planning and Environmental Gommissivn meetings. The rezoning does not take effect until the final plat far Middle Greek Subdivision is approved and filed with the Eagle Gounty Clerk and Recorder's C)ffice. Does the rezoning provide far 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 Zane 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 Hauling 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 knot EHUs) not to exceed 3D% of the total GRFA constructed an the site, and accessory commercial uses. Staff believes that the clear purpose and intent of the Housing Zane District, along with 2(l 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-ff©vred structures with densities exceeding 15 dwelling units per buildable acre. Other acfivitfes in Phis category would include private recreations! faciGtfes and private parking facilities and institutional J 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 Ilse Plan. Specific Land Use Plan goals that are relevant to this proposal include: 9.U General Growth/aevelvpment 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.$ Development proposals an the hillsides should be evaluated an a case by case basis. Limited development may be permitted for some Sow 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, Iong 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.fl 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.S 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 Flan will be furthered by the rezoning to the Housing Zone District, The Vail Land Use Flan states that the provision of employee housing is an important objective of the Town. In addition to the Vail Land Use Flan, other Tawn 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 mare rental housing. The demand for units fo house new employees and employees who now commute but want to live in Eagle Gvunfy is sufficiently str©ng fo support the additional development of apartments. Until the vacancy rates reaches a level more in Ir'ne 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 Flan and the Housing Needs Assessment. • 22 • Appendix A: Preliminary Plat Infarmatian Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 20Q t • • • ti A w 4 U ti ~Q 0 ~~~ ~+ ~ b y- U I A ~~ 4~ ~~ W~ ~~ ~W ~Q ~~ ~~ ~ !~ ~ ~ 4 ~; Qa W~ ~~ ti i ~ ~~ ~ ~ ~~ '~~ ~~a ~~ ~~ ~~ ~~ 5 :~~ ~~~ ~~ ~ ~~E ~~ ~~ ~~~ ; ~~~~ ~~~ ~ ~ ~ ~ ~~ ~ ~~~ ~~ ~~ ~~ s ~~ ~~~~ ~ g ~ ~~ ~~~ ~gg ~ ~~' ~ ~~c `~~~ ~ ~ ~ ~ ~ ~ !~ art r! r~ ~,~ x ~~_~ ~~~3I ~ s ~ ~ ~ ~ 5 r re r a r n s~ P Y'~ ~ 3 s~ ~~ ~~ r ~ ~i ~ ~ ~ ~t ~ a ~~ ~ ~ ~ r ~ e : ~~_ ~ 6 . ~ ~ ~ ~ ~ ~ '~~ ~ ~~ ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ t ! tm i~ A ~ ~ ~ N ~ ~~#~~ ~ ~~ I~ is ~ K ~~~~~~ ~ ~~ '~ ~ b a ~ `~' I ~~6x t ~ ~~# ~ e~ ~ ~~~aa~~ ` ~ ~~ ~ ~ ~ s ~~ i ~ ~ ~~~ ~~~$~e ~ ~ ~ ~ 1~ i ~ ~ ~ ~~x:~ ~ ~~s ~ ~ ~ ~ ~ ~ ~~ ~ ~s~~¢~~ ~ G ~~~ ~ ~ ~ ~~ E-, o o~ ~N ~ 4 W~ 4 ~~ 4~ a~ N~ ~w ~~ v,4 ~~ ~~ ~~ CQa ~ ~ti ~~ °° w '~ ~~ a c "~1 ~~ - (rorM t.'+~ vex.} a R+~ wTe f „ ~l.70.w4Y WR iu[ YL DUI ~ 4 s p~+~ ~ _ ~- - a ~ / i ,~ ~ ~ Y ,/ i ~ ,- ~ E ~_~ .~ ~ " ~ ~ ~, ` ,~ ~, j ~: m ~ ~~ ~' ~ ~ ~g ~ ~ ~ ~ ~ + V ~ 1 ~~~ 7~7.A~ BIROS![ - Cltb 1! v~ ~ ~ `s°g I ~~ ~Y 3g i i i 9t t ~ ~ I ~ ~~ ~ ! ~ ~ 1~ } ~; ,r 1 ~~~~ ~~ L I ~~.~- '~ ~ ~~ ~ I ~~ ' ~ s~ N ~~ ~ ~~ ~ I >~ i ~~ jt~ ~a~ ~ ~5gg ~`'~ r ~6 ~j ! ~~ Y C ~ ~ ~~ t~~ ~ ~~ ~ ~i i ~~ ~ ~ i~,. -~~~ - . - -. _ -. - IAC17 (OTC) f~ Pf 1~ 1[R F Rl •..~ . yyy LACK ~~ i ~, ~ ~ ~i a~~~ a~ ~~~ r ~~ ~~+~ ~~J ~b~ ~~ 6i~ ~~~ .-~ ~~~ a.. o ~ w ti CTi ~ 4 ~ O ~ [.~ -`~` Q] O ~~~~ ~~' ~~ ~~~~ w q~~~ ~~~4 ~+l ~ 4 ~ ~ ~ 'v;~ ©~ ~. 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E 1 1 1 ~~a~ ~s w `* ,~, 4 meow ~ ~ r ~ ~ •-' { - ~~ - ~~ .~ a ~~ g ~. ~ i~~~ ~,~Iz M ~ ,. 'i oav~o7oa '~.T.unoa ~T~v~ ~ 'TTdn ,~© ~+xa,~ E ~~VTIIA xs~Ta ~'[QQTf[ Q~SOd02id X03 suor~TCU~aa ~n~rssncs r • • ~ t e r -~: ~ ~~ a~ d a w ~ ~ ~ ~ a o^ F4 x ~; a~ ~ ~v _~ ~~ ~~ ~~ z S o n ~~ ~~ ~~a ~~ ~v z ~~ • ~a ~~ ~~ oar~t[b~o~ ~A.z.NI1Q~ ~'I9V3 'I(YA d0 I~I,ILO.L 3~~rzzn x~~ar~ ~zaaz~ a~soaQxa szs~tavxv ~~o~s - suotttanto~ ~rzzxs~ TOWN OF PAIL , B L~. I LOT 1 ~ o.r ,W ~sr uc me ~![ ~ q ~ ~ ~ 1 U ~° ~~ 1 ~ ~ ~ J } 4~~~ ~ w W O x ~o ~ ~ ~c ~ ~ ~ g ~g ya ~BS S a~~ - , ~ ~~ ~~~ ~ ~ ~ ~ J t' ~,,~~ 3r ~ ~~°%~s ~Y ~R~ ~ ~&'i~ ~~~~ g ~ ~ '~ ~ ~~ ~: a4.:w P.1Mnunt7in Bell Site1f0391dkg1BllA1NAGE.OWG Fri Aug 24 9~;3E:45 2G01 Gn~1 cn ~ 7 ~r ]a r , rn I , . si o - ~ ~ ,.. ~~~~~ ~~.~ _,~4. Iw~ PRELIIv~NAUiYu BE~A` QNCOENPTU~oD~R~fANn^GEFtil1P! ~Il` ill • • 1-~^ Mad:- P: lMaunt~in 8ef 1 Silt\1039\dwg\~d:1N-FP.ONG Fri Aug 24 U7: 4L' 21 2091' GKM -. • • • . ~, f4flQDLE CFIEEK YILLA~ _ __ :'=:ELI?.Y^!AF?Y ST'E'LAYCWT - IJI![?DLE CREE3C 57P:EAF.7 eEP M'O P OdDYLAJN i P y ?~~~ ^~ ~ ,~ TOWN OF VAfI, Ea~4_~ COUh1TY, Cf,L[3Rr,„]fl yyF --~ ~~~ xli ~+ i~ i~ i + jt ~~ . ? ~ i I a 1 1 1 A r-- rr I i 1 1 1 .~ t I ~ ~ ~ Y t 1 s 7 ~ t ~ t ~ e ~ ~ ~ t ~ ~ r ~-- ~ ~ 1 - -- -- -- _ /r i ~ ~~_~-_ ~ ~, _ _ / 1 _l. / ~ i _ fr ~~ .' ~ I -~ ~ ~ ~ ~ v /r l r { ~ ~ ~ ~~ +~ j ~ "~..~. _ . ~ I ;_ ~_ /' i r ~ _ ~ -.. ~ ~ ~' ~ ~ ~ t -.. r _ ~ -----' • • z ~rsy ~ - ~~ t a~ ; ~I .~ fl I i II I 1 4 II r I II w f ~ /: I,( r r l +'I r r i' ~+ 1 r I rfr r1+ 7r ~ rr r f ! r1+ . / r +!r r f ( r rr ~ ~ rr r ~ r f i1~ + r r 1111 r+rr r+ r ~~ rr r r r n arr+ , +r rr r+r r r / : t rl r ri rr d r r r` ;' ~~ 7rr' I f +'' J,~ ~ ! !r ~ Ir ,r ~ , rr ~ !r rr r r+ 1 ra r r~ ;~+ Ir r' ~ r+ rr r+ 111 i~ l I 1 I!/I ~, r t fr+' r ~ I14r r I lrr, r I +I r' a + r dII r r I rr I I r + I II I~ r r+ " II jl r r I+ i' I I I ~ I' r` r r Ir i' p r I ~ r' a lap + 11 I" 1 ! > +~ fl'I r ~ _ ~ I ? r i+ ~ r r r III t ~ ~~ rl f ~11 fl+ `I lr I Y~' it Jr ! I I I I I~' j Ij l I / fa ~ I I g I r r !, 1 ' 1 " ~ r I ~~ "~ ~ ~ ~ I I ~ M -I ! •---I I I ~~ zr .~ ~_ ! 1 f f ~ / ~~~r~'Ef,~~~.1 ~ ~ M~DLE C~iEBC Y~LAGE s ~ GONE- i lft1LlTY PLAN ~~M~$ R . • ~~ • Appendix B: Land Use Plan Amendment Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning F~equest Middle Creek Subdivision September 24, 2001 '` • • c ~~ a a~ O .~ .) ~u U a~ U V N U 'L_3 ~ ~ ~ ~ ~ ca ~ g ~ D ~ ~ ~ ~ ~ ~ U u ^ ~z~ ~~ ~ ~-~,~ /// > ~ I ~~, ~~. ~,~ ,, ////// , I ! 4 i '_ /: :'~ ~~\ Y '[- .~ ff~~ vJ • Appendix C: Zoning Amendment Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 .~ I r 1 ^ ~Y, ~_ ^ ,~ ~ N C5 42 G ~~ ~~ Z ~ t1 ~~~ r ~ ~ ~ ~~ ~: t ;! ~ ~~ ~~- ~ ~ ~ z Q~ V r n Appendix D: Tide Report Planning and IEnviranmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Naiddle Creek Subdivision September 24, 2001 1 ~anrEl rive Guarantee Company CiJST©MI:R QlSTRIBUTIgN D~te• 48-27-2441 Our Order Nurn6er: WC27243b Property Address: CJS WEST PARCEL PEAK LAND SIJRVEYIIVG 140U LIQN5 i2IbGE L©OP VAIL, CO 81657 .4ttn_ BRT~NT BIGGS Phone: 970-476-8644 Fax: 970-476-8616 Sent Viu FHx FoEm DELl1'ERY Land Title Guarantee Company YOUR CONTACTS Ante: 08-27-2041 Our Order Number: VC272436 Property Address: U S WEST PARCEL BuyerlBorrower: TO BE DETERMINED t Seller/Owner: THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, A COLORADO CORPORATION, AS TO PARCEL 1 TOWN OF VAIL, A MUNICLPAL CORPORATION, AS TO PARCEL 2 If you have any inquiries or require further assistance, please tantact one of the numbers below: For Closing Assistance: For Title Assistance: Vail Title Dept. Roger Avita 108 S. FRONTAGE RD. W. #243 P.O. BOX 357 VAIL,. CO 81657 Phone:970-476-2251 Fax: '~70-476-4534 EMail: ravilat~ltgc.com Need a map ar directions far your upcoming closing? Check out Land Title's web site at www.ltgt.tam for directions to any of our 40 office locations. ESTIMATE OF TITLE FEES Iirtormation Binder TOTAL $175.00 Si7s.oo • ~crm eatarvc3' T1iAIVK YOU FOR YOUR ORDER! S r Chicaga Title Insurance Company ALTA CQMMITMENT Our Order No. VC27243G Schedule A Cust. Ref.: Property Address: US WEST PARCEL I. Effective Date: April 26, 20D1 at S:4Q P.M. 2, Policy to be Issued,. and Proposed Insured: Informatiatl Binder Proposed lnsured: TO BE D~ i r.RMINED 3. The estate or interest in the land described ar referred to in this Commitment Ind covered herein is: A Fee Simple ~. Title to the estate or interest covered herein is at the effective date hereof vested in: THE lvl©UNTAIN STATES TELEPHQNE AND TELEGRAPH COMPANY, A CC~LpRADO CORPiORATION, AS TQ PARClrL 1 TDWN QF VAIL, A MUNICIPAL CrJRPORATIQN, AS TQ FARCEL 2 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGES} FQR LEGAL DESCRIPTIQN Our ©rder No. VC272436 LEGAL. DESCRIPTION PARCEL 1 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 FARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING 1170.20 FEET NORTH 36 DEGREES Ol 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 I80.1 l 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 50UTHEAST ONE-QUARTER, SOUTHEAST ONE-QUARTER, SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEGININNG AT A POINT BEING 1170.20 FEET NORTH 36 DEGREES Ol MINUTES 25 SECONDS WEST FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 50UTH, RANGE 80 WEST OF THE 6TH 1'.M,; THENCE SOUTH QO DEGREES 00 MINUTES 40.25 FEET; THENCE NORTH 83 DEGREES 36 IvIINUTES 30 SECONDS WEST 382.48 FEET; THENCE 50UTH 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 R1GHT OF WAY LINE OF INTERSTATE 70; THENCE NORTH IS DEGREE549 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 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS N 00 DEGREES 28 IvIINUTES 16 SECONDS W A D[STANCE OF 686.60 FEET FROM THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 VILEST OF THE 6TH PRINCIPAL MERIDIAN, BEING THE TRUE POINT OF BEGINNING; ALSO BEING A POINT ON THE NORTHERLY RIGI-CT OF WAY OF INTERSTATE 70; T]-fENCE N 00 DEGREES 28 MINUTES 16 SECONDS W ALONG THE EAS']' LINE OF SAID SECTION C] Our Order No. VC272436 ~r_cA~ oESeR~~~~or~ 6 A DISTANCE OF 633.40 FEET; THENCE N 89 DEGREES 27 MINUTES 2I SECONDS W A DISTANCE OF 2633.76 FEET TO A POINT ON THE EAST BOUNDARY LINE OF VAIUPOTATO 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: I} A DISTNNCE OF 204.62 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE iiAVING A CENTRAL ANGLE OF 02 DEGREES 56 MINUTES 18 SECONDS, A RADIUS OIL 3990,0 FEET, AND A CHORD BEARING N 85 DEGREES 31 MINUTES IO SECONDS E A DISTANCE OF 204.60 FEET; 2} N 80 DEGREES 13 MINUTES 06 SECONDS E A DISTANCE OF 211,$0 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 2I 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 DF 196.10 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPT THAT PORTION OF LAND DESCRIBED [N WARRANTY DEED, RECEPTION I14010, 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 INSL3RE 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 ar far 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 far record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed Against the subject prenuses wliicil are due and payable. Item (d} Additignai requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY Vb'ILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule I3 - Section 2 (Exceptions} Our Order No. VC272436 The policy ar policies to be issued will contain exceptions to the following unless the same are disposed oP to the satisfaction of the Company; Rights or claims of parties in possession not shown by the public records. 2. Easements, pr claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroaclianents, and any facts which a correct survey and inspection pf the premises would disclose and which are not Shown by the public records. 4. Any lien, or right to a lien, for services, Iabor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Defect`s, 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. b. Taxes or special assessments which are not shown as existing liens by the public records.a the Treasurer's office. Lierkt 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 UNT'I'ED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. l0. 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 4$ AT PAGE 503. 11. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, ]?, 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, ] 935 IN BOOK 116 AT PAGE 349. 13. RIGHT OF WAY AS GRANTED 'TO THT 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 ]N ALTA COMMITMENT Sclle~Iul~: 13 - Section 2 ~ ~ {Exceptions) C)us 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, I943 IN BOOK 127 AT PAGE 563. IS. RIGHT OF WAY EASEMENT AS GRANTED TO GAS FACILITIES, INC. IN INSTRUMENT RECORDED FEBRUARY I7, 1966 IN BOOK 192 AT PAGE 149 AND IN BOOK 192 AT PAGE 16I AND RECORDED MARCH 9, 1966 IN BOOK T92 AT PAGE 203 AND AT PAGE 20?. 16. EASEMENT AS GRANTED TO VAIL WATER AND SANITATION DISTRICT IN INSTRUMENT RECORDED APRIL 7, 1966 IN BOOK 192 AT PAGE 3b5. 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 TIETLE GUARANTEE COMPANY DISCLQSURE STATEMENTS Note: Pursuant to CRS Id-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 district`s. 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-]t)-406 requires that all documents received far recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, night and bottom margin of at least one half of art inch. The clerk and recorder tnay refuse to record or file any document that does not conform, except that, the requirement far the top margin shalt not apply to documentse using forms an which space is provided for recording ar tiling information at the tap margin of ttie 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 ttrr 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 na. 4 of Schedule ~, 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 mecharuc:s or maternal-men for purposes of construction on the land described in Schedule A of this Conunitrnent within the past 6 months. C) The Company must receive an appropriate affidavit nndemnifying the Company against utr-fled mecharric's and material-men's liens. D) The Company must receive payment of the appropriate premium. ~ If there has been construction, improvements or major repairs undertaken on the property [o 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 r,~~~~,iuin fully executed Indemnity Agreements satisfactory to the company, and, any additiorul requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under arty circun><stances for labor or material for which the insured has contracted for or agreed to pay. Nate: Pursuant to CRS 10-1 I-123, notice ns hereby given: A) Tliat there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the sucface estate and that there is a substautnal likelihood that a third party lialds some or all interest irr oil, gas, other minerals, or geothermal energy in dre property; and B} That such mineral estate may include the right to enter and use fire property without the surface owner's perrnissian. This notice applies to owner's policy caminiurreuts contairriug a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate dre cor-rpariy w provide any c>f the coverages referred to herein unless the above conditions are fully satisfied. Form [11SCLO5URE • Appendix E: Housing Zone District Planning and En~rironmental 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: Accessary 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-BI-13: Development StandardslCriteria for Evaluation 12-61-1: PURPOSE: The Housing District is intended to provide adequate sites far 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 conditions! 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 SeNICes, including but not limited to, laundromats, beauty and barbershops, toiler shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the fallowing criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely for the purpose of subsidizing emplayee housing on the property and; B. Dwelling units are not the primary use of the property. The GRFA far dwelling units shall net exceed 3tt°l© of the total GRFA constructed on the property and; C. Dwelling units are only created in conjunction with emplayee 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. O~utdaor 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 Vl employee housing units, as further regulated by Chapter 12-13 of thus Title. 12-S11-4: 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 goals, 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 2Q' #rom the perimeter of the zone district. At the discretion of the Planning and Environmental Cammission, 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 2© it. 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-fit-fi: SITE COVERAGE: Site coverage shall not exceed fifty-five percent (55°~4) of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75°fo of the required parking spaces are underground ar enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-fit-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent X30%) 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 X300) square feet. 12-fit-8: PARKING AND LOADING Off-street parking shall be provided in accordance with Chapter 10 of this Title. Na parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commissian, 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 shalt be approved by the Planning and Environmental Commission and shall provide for a reduction in the parking requirements based on a demonstrated need fiar fewer parking spaces than Chapter 1 O 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-fit-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12-613 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. 13. 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 awn property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-fit-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 adapted on the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control including gross residential floor area). 12-GI-11: DEVELOPMENT PLAN RE(~IUIRED: 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_g-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 Gomm~ission 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-GI-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 ar 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 sunray 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, incfucling 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. $. Building elevations, sections and floor plans at a scale not smaller than one- eighth inch equals one foot (118"' = 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 andlor other acceptable visual techniques for demonstrating the visual impact of the proposed development on public and private property in the vicinity Qf 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 1 ~ 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 tae 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 1l2'" x i 1 ") format of all of the above information and additional copies for distribution to the Planning and Environmental Commission, l7esign Review Board and Town Council may be required. 12-fit-13: QEVELQPMENT STANDARQSICRITERiA FQR EVAL~IATlON: 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. ©pen space and landscaping are bath functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the publ'uc, 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 Gomprehensive 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, 20x1 • • ' 12-9C-1 CHAPTER 9 SPECIAL AND MISGELLANEDUS DISTRICTS ARTICLE C. GENERAL USE ~GU) DISTRICT • SECTION: 12-9C-1: Purpose 12-9C-2: Permitted Uses 12-9C-3: Conditional Uses 12-9C-4: Accessory Uses 12-9C-5: Development Standards 12-9C-6: Additional Development Standards 12-9C-1: PURPOSE: The General Use District is intended to provide sites for public and quasi-public uses which, because of their special characteris- tics, cannot be appropriately regulated by the development. standards prescribed far other zoning districts, and for which devel- opment standards especially prescribed for each particular development proposal or project are necessary to achieve the pur- poses prescribed in Section 12-1-2 of this Title and to provide far the public we'Ifare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi-public uses per- mitted in the District are appropriately locat- ed and designed to meet the needs of resi- dents and visitors to Vaii, to harmonize with surrounding uses, and, in the case of build- ings and other structures, to ensure ade- quate fight, air, open spaces, and other amenities appropriate to the permitted types of uses. {Ord. 21(1994) § 1f}) 12-9C-3 12-9C-2: PEItIVIITTED USES: The follow- ing uses shall be permitted in the GU District: Passive outdoor recreation areas, and open space. Pedestrian and bike paths. (Ord. 21(1994) 1©) 12-9C-3: CONDITIONAL USESc A. Generally: The following conditional uses shall be permitted in the GU District, subject to issuance of a con- ditional use permit in accardance with the provisions of Chapter 1 fi of this Title: Churches. Equestrian trails_ Golf courses. Helipad for emergency andfor commu- nity use. Hospitals, medical and dental facili- ties, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plant and tree nurseries, and associ- ated s#ructures, excluding the sale of • 7'awn of ~az~ June 2040 12-9C-3 trees or other nursery products, grown, produced or made on the pre- mises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools and educa- tional institutions. Public and quasi-public indoor com- munity facility. Public buildings and grounds. Public parking facilities and structures. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public utilities installations including transmission lines and' appurtenant equipment. Seasonal s#ructures or uses to accom- modate educational, recreational or cultural activities. Ski lifts, tows and runs. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Water and sewage treatment plants. B. Proximity To Parking Required: The following conditional uses shall be permitted in accordance with the issu- ance of a conditional use permit, pro- 1. I_ot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 12; 9C-S vded such use is accessory to a park- ing structure: Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist guest service related facilities. TransiUshuttie services. {Ord. 6(2t)0~) § 2: Ord. 21(1994) § 10) 12-9C-4: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the GU District: Minor arcade. • Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary far the operation thereof, with the exception of buildings. (Ord. 21(1994) § 1 d) 12-9C-5: DEVEL©P141ENT STANDARIIS: A. Prescribed ~3y Planning And Environ- mental Commission: In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: June 2000 Town of Vail ' 12-9G-~ 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 shaft 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 STANDI~I~DS~ Additional regula- tions pertaining to site developmen# stan- dards and the development of land in the General Use District are found in Chapter 14 Qf this Title. (Ord. 21(1994) ~ 1g) • Tatun of Vail 12-9C-~ June 2000 • Appendix G; ~latural Area PreserWation District Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendrr~ent, and Rezoning Request diddle Creek Subdivision September 24, 2001 • 12-8C-1 CHAPTER 8 OPEN SPACE AND RECREATION DISTR9GTS ARTIDLE C. NATURAL AREA PRESERVATI~QN (NAP) DfSTRfCT SECTION: 12-8G-7: Purpose 12-aC-2: Permitted Uses 12-SC-3: Conditional Uses 12-8C-4: Accessory Uses 12-8C-5: Development Standards 12-8C-r;: Parking And Loading 12-8C-7: Additional Development Standards 7 2-8C-3 not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protec# public safety or similar compatible improve- ments. (Ord. 21(1994) § 10) 12-8C-2; PERMITTED USES: The fallow- ing shall be permitted uses in the NAP District: Nature preserves. (Ord. 21(7 994) § 1 Q) 72-8C-1: PURPOSE: The Natural Area Preservation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroach- ment by any building or other improvement, other than those listed in Section 12-8C-2 of this Article. The Natural Area Preserrra- tion District is intended to ensure that des- ignated lands remain in their natural state, including reclaimed- areas, by protecting such areas from development and preserv- ing open space. The Natural Area Preser- vation District includes lands having valu- able wildlife habitat, exceptions! aesthetic or flood control value, wetlands, riparian areas and areas with significant environ- mental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserv- ing wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of 'Vail which is so vita! to the Town's tourist economy. The intent shall • 12-8C-3: Ct?NDITIONAL USES: The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Equestrian trails, used only to access Na- tional forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and ac- cessory to permitted or conditional uses and necessary for the operation thereof, Tarvn a/'Vail 12-8C-3 12'8C-7 i with the exception of buildings. {Ord. ~ 21 {1994) § 1 ~} 12-8C-4: ACCESSORY USES: Not appli- cable in the NAP District. (Ord. 21(1994} § 1d} 12-8C-5: DEVELOPMENT STANDARDS: Not applicable in the NAP Dis- trict. (Ord. 21(1994} § 1(~} 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 1 fi of this Title. (Ord. 21{1994} § 1f}} 12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dard's 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: Geotechnicai Report and Hazard Rep©rt Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Greek Subdivision September 24, 2Q01 I~oechlein Consulting Engineers, Inc. Consulting Geotechnica~ Engineers August 23, 2001 12364 W. Alameda Pkwy • Suite 115 • Lakewood, GOF 80225-2845 LAKEWCJOD (303) 989-1223 (303) 989-0204 FAX AVON (970) 949-6009 X970) 949-9223 FAX SiLVEFiTHC}RNE (970) 468-6933 X970) 468-6939 FAX Odell Architects, P.C. 32(}65 Castle Court, Suite 15Q Evergreen, CQ 8013} Subject: Preliminary Geotechnical Investigation and Geologic Hazard Studies Proposed Development - 6.5 Acres Middle Creek Village at Vail Vail, Colorado Jab No. 01-136 As requested we have performed a preliminary geokechnical 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. VVe 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 hti:avy-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. F'or additional information regarding preliminary geotechnical recommendations and geologic hazards refer to our Preliminary Geotechnieal 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 CONSCIL'TIi`~fG ENGINEERS, INC. Scott B. Ivlyers, P.E.. Project Engineer (~ copies sent) K(?ECHEEIN CON~LTL,7'YNG ENGXNEERS, INS. CUNSTJLTIIVG GEQTE+CIINICAL AND MATERIALS ENGINEERS PRELIMINARY GEOTECHI~iiCAL TNVESTIGATIQI'~ AMID GE©LCaGIC HAZARD STUDIES PROP45ED DEVELOPMENT - 5.5 ACRE MIDDLE CREEK VILLAGE AT VAIL VAIL, CCILORADQ PrePareci for: Odell Architects, P.C. 32(}65 Castle Court, Suite ISO Evergreen, CO 80434 C7 Job 1,Io. 01-136 August 23, 2001 DENVCR: 12364 Ff'est Ala~reeda Pa`&tv~t., Searte 115, Lakervaad, Cp. 80228 {303} 989-1223 AF'ON.` (9T©} 9~J1-60109 SILVL'RTHORNE: (970} d68-b933 August 23, 2i1Lt1 XOECHLL~'IN CONSULTING ENGIN~'ERS, INC. 1o6Na.Qd-13b C©rasultireg G'eotec)rnlcaf Englraeers TAI~LE OF CONTENTS • SCOPE I EXECUTIVE SUMMARY 1 SITE CONDITIONS 3 PROPOSED DEVELOPMENT 4 GEOLOGIC HAZARD STUDIES ~ INVESTIGATION 5 SUBSURFACE CONDITIONS b GROUND WATER 6 CONDITIONS INFLUENCING PROAOSED DEVELOPMENT 7 FGUNDATIONS 8 FLOORS 9 UTILITY CONSTRUCTION 9 SITE ~G'JORK 10 General, I 0 Cttt Stn~eS I (} 1I ~tetainine Wa]]s 1 I SITE DRAINAGE 12 PRELIMINARY PAVEMENT DESIGN I2 Preliminary F]exible Pave~ttent Desier~ I3 Preliminary Rigid Pavement Dew I4 FURTHER INVESTIGATION 15 LIMITATIONS 15 VICINITY MAP Fig.. I SITE FLAN Fig. 2 CURRENT GEOLOGIC HAZARD STUDY Appendix A PREVIOUS GEOLOGIC HAZARD STUDIES Appendix I3 ~~ LJ August 23, 201 XOECIILEIIV CONSULTING GNGINIERS, INC. JobNv.01-33G Co~tsultfng GeQfecJ-nicaf Engineers SCQPE This report presents the results of a preliminary geotecl7nical 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 an the Vicinity Map, Fig. 1. The purpose of the investigation was to evaluate the subsurface conditions at the site and to provide prelitxtinary geotechnical recommendations far 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 geatechnical conditions influencing the proposed development and recommendations far development of the site. This report presents anticipated subsurface conditions for the proposed development. Site s,~ec~c g~oteclrnical investigations should be perfarnrcd for individual building sites acrd pavement strbgracle, as recommended irr dais report. A summary of our investigation findings and conclusions is presented in the following section. E~CECUTIVE SU~1~IM~.RY I. Based on adjacent properties and our site reconnaissance, we anticipate that the subsurface conditions will consist of either topsoil ar 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. • ~Ugu~c z3, zoos Job No. 01-136 1fOECHLEIN CON.SUL7'ING EfVGINEERS, INC Cvrtsultirrg Ceoteehnicul 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 GROUI`1D WATER section of this. report far 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 sltould 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. '4TVe believe that the existing fill will be characterized by sand and gravel with cobbles and boulders. In our opinion, the existing fill, free ofdeIeterious material, may be used as structural fill for the development of the project. S. 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 FOUI*1DATIOI1J 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 IO feet, will need to be evaluated by a Professional Geotechnieal Engineer. Refer to t11e 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 ,4ugust 23, 200] ' Job N~. Ol-l36 xa~cHL~'rN col'~sULTIrvG t'~vGrrr~E.~s, IrrC, rrartsuldiitg GeolecJar~ical Engittee~rs 1 t~. We anticipate that paved roads are to be constructed for the proposed development. The paved roads nay include both rigid and flexible pavements. Preliminary pavement recommendations based on anticipated subsurface conditions are presented in the PAVEMENT DESIGN section ofthis report. SITE Cf~NDITIC~NS The proposed development is to be located an b.~ acres in the Mountain $ell 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 tivhile open space will border the site ko 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 fll was observed throughout the proposed develapinent in the area of the existing buildings. Existing hll was not observed in the area south of Mountain Bell Rciad. The topography of tl~e 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 Job Flo. 91-13b Xt]EChTLEtPU CL7NSULTIIVG ENCINE,~1?S,1NG. Cnrasttltiaa~ Geateehaaicrad Engiaaeers • PROPQSED REVEL©PMENT The project consists of the development of 6.S acres in the Mountain Bell Site in Vail, Golarada. 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 prapased development may consist of townhouse type, multi-family, coznznercia] buildings with associated access drives and parking fats. The buildings will be constructed south and southeast of Mountain Bell Road. Parking areas far the prapased 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 tap 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. $y stepping the proposed structures with the existing ground surface, we anticipate that maximum excavations of only l(l feet in depth. znay be required, '~'~e anticipate that pennanent cuts anal fills will be required for construction of the proposed development. Maximum wall loads were assumed to be those normally associated with multi-family cozxzmercial construction, • August 23, 20DI XOECIYLEINCONSULTJr'VGENGIIVEERS, ]NC: ` ~ 3c~bNo,o1-l36 ~077SUlttdlg G~OfECJlfl(Ct11 ~17glMCCYS G~OL~?GIC 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. 3. 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. II'~I~/ESTIGATIGN Because of the existing buildings, shrubs and trees on the subject site, access to the site with excavation ar drilling equipment is extremely difficult. In order to obtain access to tl~e 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 an the exposed ground surface. The subsurface conditions observed during our field reconnaissance were compared to subsurface conditions encountered during our • 5 August 23, ZDD1 KC)ECHLEIN CONSUL7`ING ENGINEERS, INC. Job1+1o.01-136 Carisultr~tg Gevtec{~neCRt ~'atgipsaers • investigations of nearby sites. The anticipated subsurface conditions presented in this report are based on our site reconnaissance, inforrnafion from nearby soil investigations and our experience wi#h similar locations wif]~ir1 the Vail area. W1aen access to the site has been constr•r~eted, we recornrnend tfrat a site specific irrvestigatiQn be perfr~rnred. We recommend that site speei~c gentechnical investigations be perfarrrted for each building at the time the brsildirrgs crre being designed. In additian, we recommend drat a final stebgrade arrd pavement investigation be perfarnred for the pr-t~posed access roads rrnd parking areas. if requested, we can perform the additional investigations. SL3BSURFACE COND1TiONS Based on our ex erience with nearby ro'ecfs and our site reconnaissance, we p P 1 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. ~vVe anticipate that the existing fill will be characterized by a loose to medium dense, sand arld gravel with cobbles. GROUND W~.TER Because Middle Creak appears to Dave been rechanr~eled 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 G August 23, 2.(]41 IfOECddLEINCOIVSULTd1VGENGdNEERS°, INC. ~ Job No. 41-13fa Consa~tting Gentechnicat ~ngiraeers 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. GONDITI4NS INFL~ENGIiVG PROPOSED DEVELOP1VlENT 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 tune, exploratory test pits or borings were not excavated or drilled in the proposed de~,~elopment. The anticipated subsurface conditions presented i~t this report are based an our site reconnaissance, infor-nation from nearby soil investigations and our experience with similar locations within the Vail area. YVhen access to the site ]ias been corzstnrcted, we reconzrrzend that a site speCifcc investigation be performed. ~Y'e recommend that site specific geatechrzical investigations be performed Jor eaclz building at t/ze tune the buildings are being designed. In addition, we recommend that a final satbgrade and pavement iazvestigation be performed for size proposed access r-aads and parking areas. If requested, we can perform the additional investigations. 7 August 23, 2001 KQECffLE1N CCJNSUI.TING ENGINEERS, CNC.r Jnb1Jo.0I-1~G Consrrlrir+~ Geaiechxr`caf L•xgirrecrs • FCtUNDATIOlVS ~wVe anticipate that the materials at potential foundation elevations will consist of either existing f 11 or sand and gravel with cobbles and boulders. In our opinion, the existing Ill! will not safely support foundations for structures within the proposed development. Therefore, all existing foundations and associated fill must be removed frown the proposed development prior to construction. We belzeve 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 an these t es of soils can ex erience lar e differential settlements. Provided that no loose sand yp p g 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 x,500 psf to 6,00 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 tlae site specific investigations. August 23, 20D1 ICOECHLEIN CIJNSULTING ENGINEERS, INC.. Jab No.ol-136 Cansultit:g Geatechiiical Eagineei~s 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 car topsoil will not safely support slab-on-grade Eloors. However, the natural sand and gravel will safely support slab-on- grade floors with a low risk of movement. T`he 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 till 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, 2QOl KaECl-II,,~'IN CQNSULTINGEdvGINEEditS, INC.' Job No.Ot-13b Consulting G~©tecltiiiea! Engia~eers SITE WORK C`reneral Construction of buildings and access roads may require cuts and fills tea obtain the desired grades. Any cut Qr X11 slopes greater than 10 feet in height should be evaluated by a Professional Geotechnical Engineer. Detaining wall systems may be required in some areas to reduce the exten# of cuts and fills. ~~e anticipate that on-site sand and gravel may be used in X11 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 durinl; design and construction of the proposed development. Slopes around retaining tivalls and buildin s should be railed so that ositive drama e is maintained awa from these g g p g Y structures. cut slopes Any cuts, which.. are Greater than T 0 fee# 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 (k-orizontal 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, 2DO t XOF'CHLEIN CONSULTING ENGINEERS, fNC; ~ Jc~biVa.Ol-]36 Consulting Geotechrrical Engiteeers Fills aver I0 feet may be required for this development, Any f 11 slope greater than 1 D 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 1(] feet in height should be stable, if properly drained. Fi11 may consist of anticipated on-site sand and gravel free of deleterious materials ar an approved imported. granular fill. 1~1a cobbles or boulders larger than l2 inches should be placed in fill areas. Fill areas shauid be stripped of all vegetation, topsail, existing foundations and existing fill. The resulting surface should be scarified and properly moisture conditioned and compacted. Fill should be placed in thin Ioose 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. ~tetai in ~v"all~ Retaining walls may be needed to reduce the magnitude of cuts ar fills for development of this site. The types taf walls that are passible 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, 2p01 Xf.~~'CII,C.L'IN CONSULTIA'G,BNGINEEnS, INC. Joblrla.0l-]3b Co~esulPin~ Cecrtecheoical ~~ogirteers • 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 geotechnieal design criteria, for the retaining walls once the specific site conditions and proposed constrtsctian are finalized. SITE DRAINAGE Surface drainage should be carefully evaluated during design and construction of the development. Overall drainage of the site is generally do~~~n to the south. Construction areas should be carefully sloped to reduce the possibility of infiltration of surface ~,vater into the cut and fill slapes. In addition, slopes around retaining wails 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 reads and parking areas within the develapmcnt will be paved. Based on the subsurface condltlans, 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 Aug~st23, 2SJ4t ~ Job No. 41-13b x©~c~rr.Ernr coNSUtrrr~G ~lvcrnr~~f~s, r~vc Caxsutting Geatecfrnicai 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 ar maneuver. Two preliminary pavement sections based on high volume traffic and lor~v volume traffic are presented for the flexible pavements. High volume traffic areas are considered to be access roads or fire lanes. Lo~v volume traffic areas are considered to be parking areas. The following sections present design assu-x~ptions and preliminary flexible and rigid pavement sections. In order to properly design the regtiail•ed pc~ve~nent sectiarYS, we recotntr~end when fir:al satbgrade elevations have been achieved, a ~~zal satbgrade and pttve,~tent investigation be performed. Prelimil~rv Flexih e~'avement 17esj~ The design of the preliminary flexible pavement was based upon an Equivalent Daily Load Application (EDLA), anticipated soil properties and the Caloradn L7epartment of Transportation paverr~ent 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-l-b soils, as defined by the 13 August 23, 2001 ICO~'C'HLEIN CONSULTING ENGINEERS, INC. , JQbN©.Ol-13G Cansultitig Geoteclereicul Ertgiareers AASHTC~ Classification system. The preliminary pavement designs are based on the subgrade soils having an AASHT4 classification of A~1-b. This soil type will generally have a Hveem Stabilameter R-value ranging from SO to 7S. The R-value was estirr~ated from the AASHTQ classification of the soil. Because the R-value of the natural soil was assumed to be SO to 75, the use of roadbase will not reduce the pavement thickness. However, roadbase may lac required to establish a finished grade prior to paving. The EDLA for high volume traffic far residential developments was assumed to range from 1Q to 2fl. The EDLA for law volume traffic was assumed to range from ~ to S. Tyro flexible pavement designs, based on the above method, are shoti~n below in Table A. These flexible pavement designs include tw•o full de th as halt avements. p p p Table A Summary of Preliminazy Flexible Pavement Alternatives Traffic Volume ~ Full-Depth Asphalt {inches) Parking Areas ~ 3.0" to 4.(}" Access Roads ~ 4.a" to SA" . Nnte: Because the R-value of the natural soil was assumed to be S(7 to 7S, 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 Deign A preliminary rigid pavement section tivas designed using the same values of • 14 August 23, 200 ] KO.ECHLEIIY COPd,SULTIIVG ENGI,V,~'ER~S, fNC. ~ Job No. 01-136 Consealtirr~ GeoteclYiricul Engilreers 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 wvith 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.f} to S.Q inches of concrete. FUIZTHEIi INVESTIGATION Due to inaccessibility of the site at the time of this investigation, exploratory test pits or borings ~~cre not excavated or drilled in the proposed development. The anticipated subsurface conditions presented in .this report are based on our site i reconnaissance, information froasl nearby soil investigations and our experience with similar locations ~~~itl~in the Vail area. Ylthen access to tlae site has been constr~.acted, we 1-ecamnaend t1~at a site specific investigation be perfor•rraed. We recommend that site specific geoteclanical Investigations fie perf~is-rnerl for eacfa barilding at t1~e tira~e tlae buildings are being desigraed. In addition, tive recornrraeazd that a final sarbgrade and pavement investigation be perforraaed for the proposed access triads said par°kfng 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 Iob No. Ol-[36 KDECHLEI,'Y CONSULTING ENG1NEBiS, INC. , Corasultlrrg Geotecltnical Er~g[neers reconnaissance, information from nearby soil investigations and otar e~perienc;e 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 c©nditions and guidelines for planning and design purposes.. When access to the site has been consta-ttctecl, we r•ecominerad that a site specific i~rvesfigation be performed. We t'ecc~rraraaend that site specific geotec~tnical investigations be pet{armed fir each bitildirzg at the tune tlae birildirags are being designed. Ira additiorx, tive recommend that a f aaal sirbgrade cr:ad paverraent investigation be perfor•rned for the propc+sed access roads and parking areas. 1-J l6 August 23, 2001 ' JUb Nc~. Q1-]36 KQEtilZEJN C©1WSULTIaVG Er'vCJNEERS, JNG; Consulting GeotecJanica! Eragiraeers ~'Ve appreciake the opportunity to provide this service. If we can be of fue-ther assistance in discussing the contents of this report or in analyses of the proposed development from a geoteehnieal aspect, please contact our office. I~OECHLEIN C©NSULTNG ENGINEERS, INC. Scott S: ~NTyers, P.E. Projeck Engineer Reviewed ly: • ~/- ?? William N, Ploulette, P.E. Senior Engineer ($ copies sent} 17 KOECHLEIN CONSULTING ENGINEERS, INC. Consulting Geotechnlcai Engineers • • ~~ • VICINITY MAP NOT TD SGRLE cos NO.0~-1~6 FIG. 1 August 23, 200] ` Jat~ N ~~,' Cl 3 - l 36 IfQECHLElN CONSUI,TIe"YG ENGINEERS, INC: Cansulti~ig GeotecHnical Errgiieeers AFI'ENDI~ A CUR.RLNT GEOL€)GIC HAZ~rRD STUDY C, • 7f41 West Yale ~ Avenue, No. 601 Denver Colorado 130227 343-986-6658 F~. J. Dish Consulting Engineering Geologist, Inc. August 16, 2DQ1 ~~ KOEGHLEIN CflNSUi_TING ENGINEERS 92364 West Alameda Parkway Suite 116 Lakewood, CO 80228 Re: Engr. Geologic Hazard Study, Middle Creek Village at Vail Development, Vail, Colorado. Job No. 664 Gentlemen: In response to your caU, we have geologically reconnoitered the site in Vail, Colorado, planned for the Middle Creek Village at Vail Developmen#, which is to incorporate affordable, multi-family housing and appurtenant facili#ies on about 8 acres. This irregularly shaped tract is located in a part of the 5112 SE114 See. 6, T. 5. S., R. 80 IIV., Eagle County, Galorado, north of the north service road immediately west of the Old Vailflnterstate Highway l-7D 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, 822Q feet. The western two-thirds of the property is forested with aspen and scattered evergreens. Some of the la#ter 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 mearris to ameliorate the risk paced 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, 2D01 }. 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 Vaii Development is subject to debris flows periodically emanating from the valley of Miil 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. UVe assess the debris flow risk to be high, and the rack 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. It'ish Consulting Engineering Geniogist, lnc. Site Geologic C©nditions 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 bath streams and glaciers. Glaciers repeatedly occupied the valley of Gare Greek during the Ice Age, which began about 2 million years ago, and terminated only about 8,Ofl0 years ago in this part of the Rocky Mountains. The glaciers deposited morainal sails across the lower slopes of the valley and bath 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 ValCey 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 rnorainaC soils generally are an heterogeneous, medium dense to dense, mixfure of sands, gravels, cobbles, and scattered boulders in a silt matrix, Mostly the sails 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 105 cm.lsec., but may include lenses of much more permeable sands and gravels. The sails 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 10-2 cm.lsec. to t fl-$' cm. sec. The morainal sails blanketing the toe of the northern slope of the Eagle Valley adjacent fa 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 Va11ey, and have deposited their bed loads out across the floor of the Gore Greek Valley at the confluence of those valleys where the Middle Creek Village at Vail Project is to be sited. Those flaws are referred to as debris flows. Moreover, many "normal" floods have carried sail and rack debris out onto the float of the Eagle Valley at this confluence, as well. In consequence,. a debrislalluvial fan has been constructed at the mouth of the Mill Creek Valley. It is about 20x0 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 #o be farmed of torrentially interbedded loose to dense, sands,. gravels, cobbles and boulders in a silty matrix. The soils, granitic metamorphic rack, sandstone, and siltstone debris, are expected to bath auerlie and interlense with the morainal, alluvial and glacial outwash soils underlying the floor of the Gare Va11ey. These fan sails probably range to several tens of feet thick across the center of the fan. The permeability of these debrislalluvial fan soils probably ranges widely, due to a widely ranging "fines" content, from an estimated 10'~ cm.fsec. to 10'5 cm. seo. The ground water table in these soils probable lies about 15 feet below the ground surface at the southern edge of the property, but probably is much deeper in the head area of the fan. The interbedded, fine grained and fine to coarse grained sandstones, siltstones, shales and microcrystalline to very fine grained limestones of the Minturn Formation erop out sporadically across the foot. of the northern slope of the Gare Greek Valley adjacent ta, and within the 2 R. J. Irish Consulting Engineering Geologist, Inc. canyon section of Mil! 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 f©r 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 25° 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 Geatogic 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 debrisJalluviaf fan, thus could be flooded if a debris flow yr "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 rack debris. The flow is debouched from asteep-flaared ravine onto the floor of a .main valley, where its bed load is deposited to form part of afan-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 esser7tially as a mud slurry. Commonly the debris flows and the companion flood flaws abandon the channel occupied by the creek on a debrislalluvial 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 thane 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-geotechnica! engineering practice. ' fur assessment of risk is couched in qualitative, empir'scally-derived terms (high, medium, and low). The state-of-the-geologic-art does not permit a rational quantitative analysis. ~ An experienced engineering hydrologist should evaluate the risk of "normal" flooding. 3 I~. ,~. Irish Consulting Engineering Geologist, Inc. Large and sma11 boulders of granitic rock and limestone are scattered acrass the steeply inclined. surface of the foot of the valley slope overlooking the eastern half of the projec# 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 slapewash erasion, 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, utilising a steel bar, and allowing them to fall onto the surface of the debris fan down slope before any buildings are constructed an 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 acrass the toe of the Eagle Valley slope west of the mouth of the Mil! Creek Valley may be dislodged naturally from time to time and call 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 Sell 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 debrislalluvial 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 ar 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 Golorada is seismically quiescent, but the earthquakes generated by the reactivation of faults in this region should have small magnitudes. Earthquake intensities of V to VI, with peak accelerations of 0.05g, we conclude, are uNikel'y 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 andlor 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 debrislalluvial fan slope, of course, should be avoided because seepage water from a pond could build pare water pressure in the debris fan soils, thus could trigger ground movement. 4 R. J. Irish C©nsulting Engineering Ge©logist, Inc. Otherwise, the construction as planned should not increase the geo~ogy_related hazard to other property or structures, or to public buiEdings, roads, stree#s, rights-of-way, easements, utilities, or facilities. 1Ne have appreciated the opportunity to work with you on this project. If you have any questions, please call. Yours truly, Robt. ,lames Irish, P. G. Consulting Engineering Geologist • 5 August 23, 200I '' Job Via. OI-13b Kt7ECHLEIN C©NSULI7NG ENGIIb`EERS, INC. Consulting Gevteclaaticu! Eragtrseers APPENDIX B • PRECIOUS GEQI~aGIC IIAZAIZ.D STUDIES • a~rr ~~f ~rbl eJy: Z4 jd367971~2 ODELL f^,R~HITECT rN"~~ "~ ,L:, ~ ~ J 1: ~. ~ T Y tli'(~ A~.O L .L1..1:.t'7~.~L L311~r!'s. i~ 6?1 ~ L°].1~ L ~ ~t3 I "iYlU U~ lt's'L'i~ 13.C.,~L1° Sti L ~~r.~~~~x~~^ fir YY nn~~~~ r c. • Prep~retl ~'~r fir. Du~tr~c Piper Prepared ~y A,rthue I. Mean, P.E., Inc. Gur~nisart, Colorado ;'~'ovcm~er, 1992 uo~ ~a,, ~e~ua ~~. cw ~~.9t rya r lta~~. 6.lUtLl. F=~RCHIT~CT I~'aGE 03 ' Z SU~~f.A.RY' ANI7 REC~JIviNIENDA'~0~'S The foPlo~.ui:~g sunamarzcs the findings of this study and pxuvicres *ecomm~ndztions. Additional detail is gi~'crr in ~ccrions ~ - 4 Of ~hc report. R4C~C.P`r~Li. Rockfa[l is not z patcnt;al h~zarcl to the proposed development as s'hawzr on a conccpt'uaI sits plan prepared on 3-1992 by Alpine Irtcmational. This conclusion is base) on the Falla~ving obscr~ations; a. f:ocktall source areas d~ not ctiist al~avc the casterr, poztion of the pct~p~sed deg{elopment ~thc "East Parcel"); I~. although rt~ckfall may r~ccur abo`~c the "tiWest P:~rccl" it will consist o£ n~aderalc-si7cd, rare xackfall c~~cnts that evil! not reac}z the proposed bailcin~. DEBRIS FI.O'~V~ ~~ ; ~~~ Dcbr[s flows evil[ not affect the East Parcel bit e tz G'~GrnoTl tltc West Parcel. This CottclusiQtls arc based as the follo~~~i~g nbscs~~ations: ~ a. ~~rc EaSt Fazccl is not in line with debris flo~vs;~~ ~--~"" ~'- b. The Wcst parcel is !scaled on an 2liuvia? Fars procuced by sicbris-flow dcpcasition as cviderrced b}' 1) grtanite boulders I - .~ 1'ccr Inng on t~`re surface, 2} dcprasitlo;:al lac:.s 5 tcct high., aneI 3) a large source axes; c. ~T;`;c f;o~vs may be deep as they arc channelizcd though the can}~an erodad into the l3cdre}ck di:cctly above the site. . ~CQli,th~]=..~lDr~TIONS T"nc foll~ti;~irg rccamrr+cnclaticn altcrnativ~es arti based an the earrclusions outlined above and on my experience `vith tt~c debris-flow process in Vail snd at other locations: a. ~~voicl construction oa tt;c Wcst Parcel; Qr Ea. l~csign sh-uctures 4n tha Wcst Parcel for iu~pact and dcpssitiar~al forces frarxr dcrris flaws; or c. Proceed With the devclapmertt plans as shown on the 3-;.9-9, concert+~al study, build no mitigation, and a.eccpt t!re rsS; of flaws :vxrh retrsm periods of appr-axir,satcly 3~t) - IOOt~ years that would damage struct~.:res. ~.. C~~7/G.71 EL°tJy sa. L4 aCiaOlCJf2b1 v.c-'1~/Ni4 Attllti ~;t: ~3 NA.[ `J7U 48~ U9fi4 vs west Wireless t.t.c 4301 1~, Colfax. Street, Suits 3 i 4 aenver, CoiCsradc 8022Q Attn: Mr, Jason Little Re: Gsp#ogic Maz~rd Irrvasti~atlan (Ftovl~ian l~ US West Cellular 5iie, f4tTW-i0t3 Vail, t:oiorsdo ~ , 7erra~cm Project fVo. 2~9f35'f 4B Clear Mr, Little, 1~~r~r~ aD'I !.! RiOwes • A,L7. $cvc 503 FoH Ceilins, GdargOO 9tdSZ€ X501 is7ol aBa~3se Far is7Dt 4&i~t54 As re~uestecl, Tetracon has contipleted a flaalogic hazart! lnvestiga#ivn far the above referenced Bite. ft IS our understanding that the ex#sting U5 West building and kower are to have a anal! addition placed an the nv~~th side of the existing facility. "Fhe addition is tc be a 73 ft. by 7S it. equiprneni ahe#tar that will be bcafed at the norfhaest ~xmer of the exis:fing facility. On June 7'f, i$98 en engineering geologist fr~em Terr~tccxz perfcsrrnCd a site reconnaissance and reviewed the city of flail's debris flaw and rock fall hazard maps. The site is located in tt~e southeast quarter of Section $, Township 5 South, Range 8~ West on t1-se north side v° interstate TQ, The site 5fapfss maderatafy to steeply to the south. A creek bows out of a narrow canyon that issues from the tnountalns just north of the site, _ The creek bends a~raund the west side at the US West facility. A child care facility is located sae{ of the proposed facility, i he existing US West facility i$ a multi-story concrete structure rnrit!'t an existing tower. a concrete water diversion Swale was mated around the nosh, east., and west sites of the existing building. The site is located on Quafcmary {Buff Laken age alluvia! fan deposits, the deposits are poorly sorted mixtures cat srlt, sand, gravel, ~b111es, and boulders. The gravel tc boulder clads are subangular to suhrc~unded and do nc~t appear to exhibit a dominant dlrectit~n of orientation. 7Yte bedrock tancierlying the 4t~atemary depps+ts is the Pennsylvanian Mintum Formation, The Ntintum is comprised Qf red to pink interbedQed uttik9 of sandstdrte, conglomerate, shales with same cartaonate deposits. The fvtinttlrn strikes tawarrls the nartn and dips apprexirnate6y 15° t4 the W~9t, ~utcropa of the Minturn Formation were ot7served approximately 3dQ to 4C?ia feet north of the ll51Nest facility near the mt~uti~ of the canyon frarn which the stream ;sstes. The city of Vail debris Ac~w and rack faH hazard maps show the US West sits: being situated between roclt fall hazard zones and ea4t a# the debris flow hazard zone. 'The rock fall hazard zones are mapped as fseing an the west side of tt~e stream, and dir,eGtly adjacent t~ the east side of the sate. Based on the hazard maps and our site reconnaissance, i# is our opinion the proposed addition is not lacateri within either of the r .. T6C;R~lC(4~ Artx6n+ A /ifkifliyi ~ Cofnri'da 11 Ib~o M 1W`e+f ^ IawY # KynSSS R FAffltleao't ~ I.Nti6uat tY Niot~M upbruslca t ~4evee7r ^ ANwlJleyieo ^ No2h(IpSWR1 ~ ~r..nprrr ^ 7Aerrw.c~r. rt itiKea '~ Uroh ~ 1til~conWr+ t 1ryoRdrsv Q~Itlky Ertiq ~. ~ ~. ~ -, ~, l11EM tCi3 ~Li#1:?Lv_'t71 "~'~:14 4NJ37Fr~ri,4$4 U4;i4 v(F1sl11iS AlUr4 1~:4~F R ~ fl7U a i TL':ktaC~~.uF~ two roc?c fafi hazard za~nes which era adjacent tv the site. The debris flow hazard map ider~tittes this hazard zone as vlosefy fagawing the exis6n8 course of the streart7. It is our apir<ion that the entire aittiviai fan upon wh1Ch the existir~ facility and the proposed addition are located eautd tae included in a debris iEvw hazard zone. However, because the stream is incised into its +.hannel anti the existing facility has diversion structtaras in plane, we txelievas the risk of de~rris fSows affecting fife faality is rrzinimal. Also, the proposed adtlfkidrt will be an ur~oce~lpied storage shed, frcxn ecr~ncmiv Arad angineea~irrg perspectiva3s, tt cues net appear tf~at cvrrettivt englnearin~ or mitigative prncer}ures era warranted for fife acfdltion. !t. i9 Aso our opinion that the eanstruction of the 15 fay f6 foot adriiition wa7t net increase the geoingtc hazards to other structures er prvp~rties_ No evlda3nee ref other peoJa~ic hazards such es landslides, sail creep, or ether farms of mass roasting were observed tfuring the sits recranneissanc~ 'f ne analyses and recammendetiar~s in t'hia report are based s~pnn visual obseruatror~s perfgrrnad at the Iracaticrf. 7t,e 5CA of Services for this project dues not inctud9 any geatechnlcel recornmentiatlar~a in regards t© partiGUlar construction tnetY~vds or procedures which may be required t tauift# in this parti~cutar geologic setting. If the client is concerned about the gevtechnica aspects of the project, it is suggesta3d that a ful! geotec!'tnieai sails investigation be pe armed. We appreciate the opportunity to wor with you an this praj®ct. tt' you have qtly q~te5tivns concemia~g this report, yr if we may of further sarvire to you, please da not hesitate tv cuntaCi us, Sincerely, TERRACON d ti, ~ ~ Doug Leaf an, C.P,G. ~.~''~s~'~......'~t, ~~' ittam J, Altwo , ~'_E, 9r ~ as ia, ~ti Engineering GevPagist ra' Fe a+vx Office Manager Copies to, Addressee (Zj ~~,. ~~ ~~ ~Y~~~~ .` ~.~. • cFr~: c~r~-»1 b~:14- .3b.3hlk9flEa2 DDELL ARCHITECT PAGE s36 ~~ N~~hvlas t.ampiris, Ph.D. t~N9Ut.TINQ t3BDLOGIS7 0793 VALLEY 'AC7AD -~ GAABt}~pALE,.COLaRAbt7 316?3 {~ca3~aotr;.; Hnuns~ Met}, ~B, 1~7'i~ i~la:l~ i~:t,ti:h~:r•fard, T7ireetc,;r . ~LjC Schcsnl V~,z 1 , Cif. 81h.~i3 f~!-,: rtt:~r_kf ~~i Z Ev~l~iati ran ~}<ar t'•f~. Fiuther~F©rd: I r,~~.~t_ of sited the site of your s~htac,l a;~d rac~t~r' t4'sr^ :~r^ea •f Qr plat~r~Mif exp~~nsian orti the nt~rt!7 aide ~•F the ~::i~,tin~; SitrZ.lr'GU~"P_. `fhc propcs'ed 21d®itiAn is ~hrswi7 Lyntitr sep~~rat~. cuvt~r• , I hc.`.~~+ ai sa d~atecf :!~,~ p©si ti on o~ the xca~~.aol, w; i:n reNrsect ~* o l.i-se r,~e~t~l ar~i r: racF;~f al 1 hr~ ~-~rd map}: i r~ra that .:i pr+~t3~.~~r-~d ~ at t.h~: `~'r~t~:~ L~r Vai i in 194, '~h~ w:,haal is °~i-;;~aer9 within the .. cti-~t~c~csr-y.c~•f "~•nudf~r~~te r•uc}~•fal ha.r~rL~," brat' can c?er~si~, ~- i n p:~~tior~ c b~l i ~.~vrr that. tNe I i n~~ :hold h~ ~tr.~r«ded tr. s;~uw t•:h~7h yaur :-r_hac~l and its pr'a}~asr~d ~ae~ciifii,ar+ .4e-~* nat ~vir.F3i!'t a racFNail 1*~~_a.r•d pane. Y sLthmi:red ars ©~~~.~r°).:~v t~s tii~ Le~~.rrran~j .. free Schaal in 1q$E~ which ~showeei a 11~+.a west Lozrndary ;~,f +~hr~ ° mapped Ra:ard ccn~ 'f~crther to the east and kh~`refore nr~t i.nr.1 udi~Z~g Your schoal . I Ca, Ffawever, f i nG fih~ar L-E~er4 i ~ a ~`A+ari# flaw hazard to tY1e Schaal, Thais twain, and s~7at.cld, D~.~ tnitigater:l as we discus:;ed in thr? ~';.e1d 1 a~,t wei:~f-r. r,y e:.tending and parhaps+ ~tidir~g t.a thy: Ei :i a~i~'I G~ Saw, linear rocky h21151d$, r1 t:1 i~"~hw~~~~t a~F ~l-#~,e Sact'rnnl, wh:~ch was •fcsrmad lay a previcaLt~ debris flnt•+ der~d~.~ c,gca. Tf,w mi.~tic~,~tir~n t:a,n 4+~ a;ttEnC+~a tta a F3aint pa.r•~: t~~~y t~a •i:l-e sL~c~E::.r.~ hillsir~t: die}-and the school tta provide prc,~i:rrctian i:c, ~:h~~ N+,~:,`. sti tag 1~tti icing atnd the prgptas+ed ac!cli L• f tsn y or i t cr_~n b~ e~tt~r~ded z~il -the way to the ~tee~s hillsi.~i~, th~w~t~'Y tar~ta~vGw.inq th~x pluygr~iJui~d arear. ns~r'th~~ar~'>~ ~:f the sc,l~4-aai cis we7. 1 . ~hQ con~f i gurati on o~f t3~e germ i t3 r~1 ther• e,~s~ ~i~rsLil. d Ce t~s~t.aL;~ i s~`ieci i ~z tht f f ~1c1 ii-~ ~or,cw=r't with y~aur ai~cf~;i be:c+.:, t7 i.; t. can t~wr ra,ipcacted to i"dc'lYP a finished nay±'vr1r•hir.~~1 reli.e~f an .}~~ va~;~~t ~, i. d~ c~~f• a'ot~u't ~ tt~ l t7 ~f [ ~t . ~... r_,~s; 4-~!1~^k'~1 ~y; 14 3~35~07I62 .. C~rELL ~P,Ch'ITECT ~;~GE r~ 7 • f n the r'cr-~2r~r' ce"t5~z, ct~bri 5 waa.tl c~ ks~ ^F c.,r`Ctd tc~ ~ 1 ow araund ohs art~~,ra~ ;~.r,c! ti~4Y prrap~a~~!t~ x',dd~ti4n ra t~c:rk~a ~ide~: x. r, i.rr~ .i~~}t•kPr ~:~.~+~:, ,~dl 'k~l~* ti~biri~ wrnt,tld bc~ f©r•c~cf ir~~ flaw t~~t,wt?en tM~? S;.IIaJt~~c'1. ~r-t~~er'ty a+1d tike ~'f1:. ~+~?1. sn~st::xl.].µt:i<~n te: tl~,c: s-~-r_^~.#:.. T`~t=y Ure ~t7,,r~b.~b1 y .~wa~tr~ o~ trl~ ~+~.~E:nq t i ~:?. t'+~~,~ «i•'d b~r_~~~.~s,.~ tt} ~}~. r~+C.~}r lY ~~i.i.l i~~l. G~ GL.+r~l ~'rr ~: ?. 5.: l~J { ~l. rl ~~~~ (~E:~'F ~ E:! i:i tJ;'i r~`.`~~~E.':1'. '~~% ~Jt"il ~~. lhCf tnt:~l,r F~!^rsaN-•c y', bUk I c,rr, rsax Cn~'s~+ir}C:s•I:f th>.~t wl':.;1*_ ~.h:5~~.^ hn^.~c-~ ,`.1~(`,?is'~i'IA~:R:LC'~ t:13 ~ ~. ~Y}'t5V1C!~ tt,~G;i..i,nY;U ~;t't:.~.}1~L:Z:1GF'1 1P. 1f"'~:w7 t?Vfa(}t (;~~~~ =+ ~ yr'Q~• r1.-•^~'i.« 7 !i { I t~4V ~al~int~.t.M flc~ f rt:sln tlzi? gr„13. r y ~.C~ 1;, i'~:s r;~%rl"~!", , ~flr-3 1`,.Wd C'Ylt~1C~'~, fr..,'C' lfll.~~;lJt~tilllC~ dts~t]r'iS fif.:IVI rlr'l:'$i4'"G ai~: trl]S,.l~- ;~: i is e t Yr ~s'L I h a v sa cl ee ~ c r- i b t? ci will n ~, t i t-s c r c~::~ •.~ is w t1 E r't '.s z ~?.~" :~ i o axt~r_r ~r~a~avr-ty flr btruc`urrys, r, r- t~7 r'it..si7).:i~ C~ui'.r~ir,n+s7 s"ica~~~::,° R'~'"'4Vdt/y t'QcIC1S~ Str"CB'tS,' E:c35€'R}E'rit.a~ l,l~;]~i~i:a.i~:i OI' fc.LF'i•i1r1L?'3 +~t'. ~t:r3e,- ~~!^a~~r•tie~ of any I<:ind. ~df i_I~iJ~~t: r~.rt•~ 'f°t.t~ t.f-:e^+- questior~:~,, p~e~3~ dry nsat h~=.i'k;~~kY: Zc~ c,~ar~r.~s~W-r rr,r~, 1 ~u~~' S7F.rt'l/>rrr()~/t"~' i^' L• ). 'yi 1 Ai i r. ~-r U l a ~a ~ _ Ea r ~a i. r i tr • r f ~ ~.~ a~ ~~ € ~ ~~~ ~~~ i ~ LL t~ ~ ~ ~ys a~~'y¢ ~ ~ ~ ~~ ~! ~ f if I <w • 11 r '- p ! ~ 3 V~- ~; ' ~ u ~ / ~ [~J ~ ~ ~~ ~~~ --_ i~ ~ 1~ ~ ,1~4 ~ i o - i--- ~yy ~ ~ I Ii eJ 6 1~ 1 ' i l'' y~ 3i I~ 1 ~` y~j t cy E ~ I r~, ~; = t. ~. ~ g ' ~ti I. ~~ ~ ~ - ~ . ~~ ~ ~ ~ ~ ~ .. ,r c _ f: ,~ ,; ~ ~ . "^~ - ~ ~ ; ~~ oR a i ~; ' i f z r p ~~ a ~ s J J r X4,1--. ~. _... __ _I ~ ~~ i iI ~ ! ~ ~ k ~~ i ! fY~T '~ . $ ~~ 6 i _ -- r I ~ f ~ J .S„-~ 4 • Appendix I: Enviranmental Impact Report Planning and Environmental Commission Preliminary Plat, Land Use Plan Amendment, and Rezoning Request Middle Creek Subdivision September 24, 2001 ;~ sr€wa~r ~NVr,~orrn~fnrr,~. coNSU~ra~rrs, l+N~. Consulting Engineers artd Scientists ©tiice & Laboratory: 3801 Automation Way, Suite 200 Fort Collins, Colorado 86525 (970) 226-5500 F,AX (970) 226-4946 Stewart@webaccess. r~ei Rnvironmerrtal lm~aact Report for the proposed Middle Greek Village Vail, Colorado ,Prepared by: Stewart Environmental Consultants, Inc. Consulting Engineers and Scientists F®rt Collins, Colorado August 2{30'1 • • TABLE OF CONTENTS Page II. PURPOSE ....................................................,..---............... ........................................................................... 1 PROJECT BACI{GROUND AND DESCRIPTION ....................................................................................... 2 Site Concept ........................................................................................................~•---....,...,................,.....,.... 2 Building Concept ......................................................................................................•---,..-.......,.................... 2 IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY .................................................................... 3 Location .................................. ......... ................... ............,....................................---.-----...-................,........... 3 Zoning---~ .................................................................. ... 3 Site Usage ...............••............,........... ..-........ 3 Hydrologic Conditians ..........................................................•--.......................................-.. ... 3 Geologic Conditions ..................................................................................................................................... 4 Biotic Canditions ...........................................................................................................................................4 V, ENVIRONMENTAL CONCI=RNS AND RECOMMENDATIONS ....................................._..-...............,....... 5 VI. OTHER ENVIRONMENTAL CONDITIONS ................................................................................................ 7 A. Land Acquisitions and Displacements ..................................................................................................... 7 B. Land Use and Zoning ........................................... .................................................................................... 7 C, Visual Canditians ......---• ...............................................................•---....,..-.......,.....,.................................. 7 D. Air Quality ..........................•-•----.._..._.................., .... 7 E, Noise ................ ..........-----------...---...............--------•---------...-.,...,................ $ F. Light Pollution .......................... --.........-----.........---•-----------....---...---------------------~............,.. 8 G. Flooding ..~ .........................................................................---................---...-...--.-.......,... 8 H. Navigable Waterways and Coastal Zones ............................................................................................... 8 I- Traffic and Parking ................................................................................................................... 8 J- Energy Requirements and Potential far Conservation ........................................:.................................... 8 >t. Constructian ................................................................................•••-----•------------.-............,.........,.,......,...,., 9 L. Aesthetics ............................................................................................................................................... 117 M. Community Disruptian ........................................................................................~------....-....................,.. 10 N. 5ecandary Development ....................................................................................................................... 11 O, AGENCIES AND PERSONS CONSULTED ...................................................................~-------•.,.......-.. 11 VIE. SUMMARY ...............................................................................................................................................11 VIII. ASSESSOR QUALIFICATIONS ., FIGURES ~ . Location Map 2. Aerial Photo 3. Site Map 4. Photographs APPENDICES A. Eagle County List .................................................................................................. 14 I. INTRODUCfiIOiV 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 Sell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi-family housing constructed on a 8.5-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 19Y" Ave., Suite 700, Cenver, Colorado 802fl3-1035. 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. Enviranmental Protection A Criterion: To ensure that long-term protection of the environment is a guiding criterion in project planning, and #hat land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. C. Review and Evaluation Procedr~re: 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, f~. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in geologic hazard areas, by way of iAustration, flood plains, avalanche paths, rockfall areas, where such hazard cannot practically be mitigated to the satisfaction of the Planning and Enviranmental Commission and the Town Council. E. Pratec# IlVater Quality: To ensure that the quality of surface water and ground water within the Town of Vail will be protected from adverse impacts andlor degradation due to construction activities. [Ord. 37 {1980) 10: Ord.. 19 (1976) 14: Ord. 8 {1973] 16.100] 285o-OQ1 Environmental Impact Repork. Page 1 of 14 Middle Creek Vllage Vail, Colorado Stewart Enviranmental Cansultanfs, Inc. 111. PRC7JECT 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 same planning principles of a mare "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, fallowing 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 atwo-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 ViClage and Lianshead Village. The siting of the parking areas behind the buildings will also help shield wiews of the lots from the frontage road and from across the valley. The Early Learning Center has been sited to accessible from the residences on the loop road site for the children's facility. the far eastern edge of the site, but is easily . This configuration provides a nicely separated The overall site concept adheres closely to the existing contours of the site. The buildings rise and fall across the length of the site with the terrain, creating an undulating profile that further reinforces the "village" concept.. Buildinq Concept Further reinforcing the "village" concept, the buildings are designed as three separate building types. All the buildings will be one unit deep, creating cross flow ventilation and economy of construction. There are no enclosed walkways or stairtowers, 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 none-story element on the end which houses laundry and storage facilities for that building. The building orientation creates maximum. 2850-0171 Environmental Irropact Report Middle Creek Village Vail, Colorado Page 2 ofi 14 • Stewart E=nvfronmenta! Consultants, lnc. southern exposure far every unit. The fact that the buildings are simply one unit deepcreates excellent opportunities far flaw-through ventilation. Our proposal will incorporate highly efFcient 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 VI-J for additional information on energy and sustainability. The overall character of the building design is meant to reinforce the "village" concept, with varying building types, massing, and styles creating a cohesive whole. Stylistically, we will incorporate the tradition of Vaii Valley architecture while maintaining an economical design. This can be achieved by the judicious use of distinct design elements throughout the project. In a cast sensi#ive project, forms may be simple, but the sensitive use of massing, scale, and rhythm can crew#e an architecture that is respectful af, 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 F~ESCRIPTION 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 '/z of the Southeast %4 of Section 6, Township 5 South, Range 80 West of the 6~' PM, Tawn of Vail, Eagle County, Colorado. The property adjoins the existing Mountain Bell property located north of the 1-7d North Fron#age Road. Zoning 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 Usage The property is awned by the Town of Vail. Onsite development includes two small wooden structures presently pausing early childhood learning centers.. They are located directly east of the offsite Mountain Bell structure, Site development plans call far 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 ansiteearly learning facilities. The proposed use of the property was described in Section I, above. Hydrologic Conditions No surface bodies of water are located on the proposed project site. Onsite surface drainage is mainly via sheet flaw 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 rand. A man-made drainage 285Q-Q4~1 Environmental Impact Report Page 3 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Cc~nsuttants, lnc. channel adjoins the eastern side of the Mountain Bell structure. Sail and drainage issues are described in reports provided under separate caner by Koechiein Engineering and Peak E.and Consultants, Inc. GQOIoQic 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 plan# 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 mast 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 angustaiolia) 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. tither mammals including Black Bear, Coyote, Fax, 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. Interstate7Q and development adjoining the south side of I-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of I-70 to its confluence with Gore Creek south of i-70. IVo 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 CorTSefvatron Status Handbook ~i999) lists the status ofi 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 G!S "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 relytively pristine stream that likely contains Native Cutthroat Trout, traverses the adjacent property to the west of the subjec# site. The creek flows out of a saddle loco#ed #o -- 2850-001 Environmental Impact Report Page 4 of 14 Middle Creek Village Vail, Colorado Stewart EnvironmenfaP Consulfanfs, !ne_ the north upsfope 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 I-70 and the associated frontage roads and flows through the culvert south of 1-70 to its discharge point into Gore Greek south of the interstate. Gore Greek flows westerly to its confluence with the Eagle River near Minturn. The existing creek channel may not be the historic creek channel. Stream modification {channelization) appears to have been conducted upstream of the culvert adjacent to the entry road. This 150-foot reach is likely the closest location of the stream to the subject property. The stream bank, as well as its associated vegetation, appears disturbed along this reach. Observed vegetation was mainly upland in nature with both native (Western wheat grass- Agropyron sp.) and non-native species of grasses {brome-Bromus enurmus), as well as invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off site from the subject property, a riparian corridor of wetland vegetation adjoins the stream channel. Adjoining the east side of the entry road, adjacent to its 150-foot northlsouth orientation, is a Narrow-leaf Cottonwood (Populus angusfifoiia) community. This species is referenced in the U.S. Department of the Interior, f=ish and Wildlife Service publication, Nafionai List of Planf Species That gccur In Wetlands: lnfermounfain (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 eastlwest orientation with the Narrow-leaf Cottonwood Community adjoining bath 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 Tissues at the site. A letter regarding the status of their investigation is provided under separate cover. V, ENVIRONMENTAf_ 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 buildinglparking lot construe#ion 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. 2$50-00'k Environmental Impact Report Page 5 4t 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, lnc. 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 wiCl 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 nat be using adjoining properties. Humanlbear 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 Vai[ build%ng code will be incorporated into the site design. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include greaseloil 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 fFSheries 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 aH 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 far the existence of jurisdictional wetlands in the vicinity of the 'harrow-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 444 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 Beil 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. wrll be incorporated into the project design to prevent impact to Middle Creek. • 285Q-oo1 Environmental Impact Report Page 6 of 14 Middle Creek Village Vail, Colorado Stewart Fnviranmenta! Consultanfs, lnc. 111. f}THER ENVIRONMENTAL CONDITIONS A. Land Acquisitions and Displacements The impact is "Generally Not Significant°. Approximately 6.5 acres of land is required; the developerlproject owner is Coughlin and Company, 140 East 19"' Ave., Suite 700, C~enver, 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 fora 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-awned 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 dJse and Zoning 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 wil[ convey a sense of permanence and contextual and regional appropriateness. D. Air Quality The impact is "Generally Not Significant". The project will conform to al( 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.. • 2$50-0Q 1 Environments! Impact Report I~tliddle Creek Village Vail, Col©rado Page 7 of 14 Stewart Envrr~nmentat Consultants, lnc. 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 impact analysis regarding the proposed Middle Creek Village. Their report is provided under separate cover. The report indicates that the impact of #raffic generated by the proposed project will be "Generally Not Significant". E. Noise The impact is uGeneraAy Not Significant". Stewart Environmental identified no noise-sensitive land uses on adjacent properties. The proposed site is located adjacent to the earth side of I-70. The noise from the interstate is far greater than any that would be produced by the development. F. k.ight Pollution The Middle Creek Village development will have minimal light trespass from the residential buildings. G. Fioodinq The impact is "Possibly Significant". Peak Land Consultan#s, lnc. addresses flooding issues in a report provided under separate cover. H. Nav'rctable Waterways 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. I. Traffic and Parking The impact is "Generally Not Significant". TDA of Colorado performed a traffic study. Their report is provided under separate cover. J. Energy Requirements and Potential for Conservation The impact is "Generally Not Significant". The proposed project is expected to result in energy conservation. The Vail Affordable Housing Project, Vail, Colorado incorporates principles of sustainable design and utilizes design strategies to reduce its energy and environmental impact. The U.S. Green Building Council's 2850-001 Environmental Impact Report Page 8 of 14 GUliddle Creek Village Vail, Colorado Stewart ~nvironmentat Consutfants, tnc. 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 exis#ing commercial, institutional, and high-rise residential buildings. It specifically rates low-rise residential projects. The tJSGBC 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 Vaii Affordable Housing Projeck. The LEED rating system consists of seven prerequisite criteria and 32 user-selected criteria organized into fve 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 buildings 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 f-lousing Project. K. Construction The impact is "Generally Not Significant". Construction of the Middle Creek Village is anticipated to commence in March 2Q02 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 confned to this site. Contractors will be required to obtain the necessary permits and comply with a!I 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 Sgoil 285fl-OO1 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. Ali 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. ©isposal 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- TO 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. ®isruntion of Businesses No businesses are located in the immediate vicinity of the project area. L. Aes#hetics 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 Nat Significant". Na 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, tnc. N. Secondary Development The impact is "Generally Not Significant". The proposed project will not generate secondary development. The project is an outcome of the community's determination to proviide affordable pausing for people already employed in Vaii and are presently living in ar near the community. The proposed housing project indirectly addresses the cause of traffic-related problems. (?. AGENCIES AND PERSgNS 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, Qepartment of Entomology, Ppyllus 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 Thal Occur in Wetlands: intermountain (Region 8), Biological Report 88, May 1988. 3. Mitsch, WJ & Gossefink, JG, Wetlands, Van Nastrand Reinhold, 2nd Ed 1993 4. Kittel, G., E. Van Wie, M. Datum, R. Rondeau, S. Kettier, A. McMullen, and J. Sanderson- 1999c. A Ciassi~cation of Riparian Wetland Plant Associations of Colorado: User Guide fo the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Gollins, CC) 8x523 Vll. SUMIVIARY Odell Arcpitects, PC retained Stewart Environmental to perform -an Environmental Impact Assessment of the proposed Middle Creek Village development located in Vail, Colorado. Based on the fndings contained in this report,. the following conclusions have been drawn and opinions and recommendations made: r 2850-001 environmental impact Report Page 11 of 14 Middle Creek ViAage Vaii, Colorado Stewart Envrronmeratat Ccansultanfs, inc. Findings. Goncl'usions, Opinions and Recommendations 1, The proposed Middle Creek Village development is located adjacent fo the Mountain bell facility, directly north across ]nterstate 7i} from Vail Village. The proposed project consists of multi-family housing constructed on a 6.5-acre site owned by the Tawn of Vail. The project will pat promote secondary development. The purpose of the project is to provide affordable housing for people currently employed in Vail who are presently lining in or near the community. The project owner is Coughlin and Company, 14g East 19"' Ave., Suite 7{?®, Denver Colorado 80203-1035. 2. A majority of the subject site is presently zoned "NAPI~" (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 1_and 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 ells 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. Interstate7p and development adjoining the south side of I-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of I-7Q to its confCuence with Gore Creek south of 1-70. 6. No known threatened or endangered species of plants yr 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 Sfatus Handbook (7999) fists the status of various animals, plants and plant communities found in Eagle County. A copy of the Eagle Coun#y listrs 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 inforrnation 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 28x0-001 Environmental Impact Report Middle Creek Village Vail, Colorado Page 12 of 14 5fewarl Envirnnmenta! Consultants, Jnc. 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 captain 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. 1~. The presence of Middle Greek 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. Humanlbear 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 sandlgravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will tae 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 Greek 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 Greek. Cans#ruction will be in accordance with all applicable local, state, and federal regulations and standards.. If dewatering is required during construction, water will be retained an site. 1Q. 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 #ar 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. 71. Twa 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. Skate 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 t;abatementJremoval) per regulations will be performed prior to dernalitian of the buildings. • 285Q-oQ1 Environmental Impact Repor# Page 1~ of 14 Middle Creek Village Vail, Colorado Stewart ~nvirpnmenfa! Consultants, lnc. Vlll. ASSESSOR QUALIFICATIONS Stewart Environmental has performed environmental consulting services for mare than 2,800 different clients since 1980. With a staff of 25 professional engineers, scientists, and technicians, Stewart Environmenta! is qualified to perform environmental impact assessments. The following is a list of key Stewart Environmental personnel and their responsibilities on this project: p Richard G. Patterson, PE -- Project Administrator - .Robert J. Blinderman, REPA -- EnvironmentaP 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 proper#y 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: Robert J. Bli~fierman Richard G.~Patterson, PE Environmental Scientist Vice President • 2850-{}01 Environmental Impact Report Middle Creek Village Vail, Colorado Wage 14 of 14 Stewart ~nvironmenta! Consultants, lnc. • r~ Stewart E.nviranmentax Consultants, lnc. Figures St)URCES: VAIt_ vvt<sr, cat_a. NWld MINTkJRN 15" QUADRANGLE 391 D6-F4-TF-024 197D Photarevised 1987 DMA 4763 III NW -Series V877 VAIL EAST CQLO. NWl4 MINTUt2N t5" QUADRANGLE 39106-F3-TF-424 1974 photarevised 19$7 DMA 4763 III NE -Series V877 N W E a ~r2 1 MILE S scAL~ i : za,ooo CONTOUR INTERVAL ti0 FEET R+o~€cr nu~eea--- asa.ect STFWARTFNVIRONMENTAi 2s~o-oof " CONS~I~TANTS, [NC. Dare ConSUlting Engineers. and Scientists A,~,J(~'(/$t 2('Ij~'f .NFddfe Creek Village FI~UFZE 1 Vail, Colorado LOCI~~'IUN MAP PRO.iE CT NUMBER PROJECT STE'WART ENVlRONMENTAt 2s5a-ao~ w Mia'd1e Greets Village CONS~ILTANTS, INC. oAT~ ~' Vail, Goforar~a Ccsnsulting Engineers and Scientists AUQUSf ~oo~ ~ FIGURE 2 AERIAL PHOTO +- - ;1 Ie 1 i f I f 1 4 f I ~ ~ ~ m U ~ ~ (w9 ~~ ~~ W ~j U ~_ a~ v ~, ,` 0 ~ ° ~~ N ~ ~~ a ~z ~ ~~ W ~y 3 F- w ~~ z ~, z v, v ~C • •i . Appendix A Conservation Status handbook, ~9~9 Eagle County, Colorado p. 14? - 14!9 S#~ewar# ~nvironmen#aJ ConsuJ#ants, Jnc. County: Eagle Amphibians Scientific Name Common Name Bufatmreaspop 1 6orealtoad (Southern Rocky Mountain population) w Birds Sdentific Name Common Name Actipiier gen tilts Northern Goshawk Argalirrs ftrnemus Boreal Owl Arrrphispixa be!!i Sage Sparrow Bucepiuiin isiandicn Barrow's Goldene}~e Cypseloides iriger black Swstt Fnlca pcregrinus rnmturn American Peregrine Falcon Grirs cnnnitensis tnbida Geeater Sandhtl] Csane Fish Scientific Name Common Name Gi1n ro2nesln roundtaif chub ©ncarl:~rJzus elnrki pteatntinrs Colorado Aiver cutthroat trout Mammals Scientific Narne Common Name Guia gufo wolverine Lea canndensis lynx Placates tnnmseruiii pm"fescens Townsend's big-eared bat subsp. Mussels and Snails Scientific Name Common Name L~rrnnen stngxenlis swampy lymnaea Plant Commuluties Scientific Name Common Name AB1ES LR5IOCARPA-P1CEA Montane Riparian Forests ENGELMANNII/ALNLIS INCANA AB1ES LASIOCARPA-P1CEA Montane Riparian Forests ENGELlvtANN1f/MERTENSlA CfLiATA ABiF.,S LASIOCAR1aA-plCEA Montane Riparian Forest ENGELM~LNN17/SA LlX DR LIPv1MOND7ANA ALNl1S fNCANA-CORNLIS 5LRICEA Thinieaf Alder-Reel-Ciser Dogwood Riparian Shrubland ALNLlS lNCANA/MESIC FORB Thinleaf AlderJlNesic Forb Riparian Shrubland BETLLA OCCli7EN`1'AL1S/MES1C FORB Foothills Riparian Shrubland CARDAMlNE Alpine Wetlands C O RD IF O L!A -h1 E R T E N S IA CAREJC AQClATILlS Montane Nlet Meadows CNHP Status and Ranking Regulatory Staters Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Y G4T]Q S1 FS C E CNHP Status and Ranking Regulatory Status Tracking Gloha] State Agency Federal State Status Rank Rank Sensitive Status Status W G5 53B, FS/BL P G5 52 FS P G5 53B,, Y GS SIB, BLM SC Y Gd S3B FS Y G4T3 538. LE Y G5T4 SZB, FS T CNHP Status and Ranking Regulatory Status Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Y G2G3 $2 8LM SC Y G4T3 53 FSJBL SC CNHP Status and Ranking Regulatory Status Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Y G4 $1 F$ E Y GS Sl FS E Y G4TA 52 BLM CNHP Status and Ranking Regulatory Stahts Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Y GS 52 CNHP Sta tus and Ranking Regulatory Status Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Y G5 S5 Y GS 55 Y G5 S4 Y G3G9 S3 Y G3G4Q 53 Y G3 S2 Y G4 S4 Y GS 54 l47 CAREX SCOPIILORUM-CAJ.TNA Alpine Wetlands Y G4 ~ LEPTOSEPALA CAREX UTRICULATA Beaked Sedge Montane Wet Meadows Y G5 54 CcJRNU5 SERlCEA Faohthills Riparian Shrubland Y G`l `-+3 DANTHQNJR 1NTERMEDlA 14'fantaraeGrasslancls Y GU 535# DESCNAMP5IA Mesic Alpine Meadows Y GU SU CESPJTOSA-LfGJISTJCUM ELE(3CFfAR1S QLJPNQUEFLORA Alpine Wetlands Y G4 ~~ JLIN1PEf2LiS Xeric Western Slope Pinyon-Juniper Y G5 SLJ OSTE©SPERM.h/ARTENJ151A Woodlands JUNtpERUS SCOPL[LQRLJM/C(]RNUS Riparian Woodland Y G~i 52 SERJCEA PJCEA PUNGENS/ALNUS JNCANA Montane Riparian Forests Y G3 53 PJNUS EDLILJS-jUNiPERUS Xeric t,Nestcrn Slape Pinyon-jtutiper Y GU SU OSTEOSAERMA/ST1PA CQMATA Woodlands POPULLlS ANG'LlST1FOLIA-jUN1PERLIS Montane Riparian Forest Y G2G3 S2 5COPLILORUM POPLJLi15 ANGLlSTJFOLIA-PICEA Montane Riparian Forests Y G'l ~ PLPNGENS/RLNLIS 1NCANA pOPL1LLIS ANGUST1FpLlAJALNUS Montane Riparian Forest Y G3? 53 JNCANA POPULLlS ANGUSTlFOLIA/L"f?RN115 Cottonwood Ripazian Forest Y G4 S3 Sf;RlCEA POPLJLCISANGUSTIFOLIA/SAL1X ]Varrvwleaf Cattonwvad Ripariatn Parcels Y G7 S7 ERIOCEPNALA VAR. LlGUL1FOLlA-SJ-IEPHERDJA POPLPLLlS 7'REMIlLC3f17E5/ACER Montane Riparian Forests Y G2 5IS2 GLAHRLIM QUERCUS GAMBEL!!-AMELANCHIER Mixed Mountain Shrubland Y G3G5 SU LJTAHENSlS SAL1X Lower Montane Willow Carrs Y G3 53 C7 R(JMtv1QNDlANA/CALAMAGRC?STJS CArVADENSJS SALJX DRU,~VvfON[7JANA,/MESIC FQRB Drucnmonds WallvwJMesicForb Y G4 ~ SALIXEXPGUA/i3AREGROUNJ] CayoteWillow(BareGeound Y G5 SS SALlJC MpNTJCOLA/CALAMAGROSTJS Montane Willow Carr Y G3 ~ CAzirADEN515 SAL]X 14tUNTJCOLAjCAREX Montane Riparian Willow Carr Y G3 S3 UTRICLILATA SALJX MONTICOLA/MES1C FORH Montane Riparian Willow Carr Y G3 53 SALJX PLANJFOL[A/CALAMAGRQSTlS Subalpine Riparian Willow Carr Y G3 S3 CANADENSJS SAL1X PLAN11=0LlA/CALTHA SubaJpine Riparian Wi13ow Carr Y G4 ~ LEPTO5EPALA SALJX lh'4LFJ!/CAREX LCTRlCULATA SubaLpine Riparian Willow Carr Y G4 S3 - SNEPHERDPA ARGENTE;A Foothills Riparian Shrubland Y G3G4 S1 Plants CNHl' Status and Ranking Regularory Status Scientific Name Camman Name Tracking Gtutral State Agency FederaE State Status hank Rank Sensitive Status Stators 13olrytl:iern: fuunrin Common Moonwort Y GS S2S3 C-fyripedir~m fascieufnhnrt Purple Lady's$lipper Y G~ 53 FS Qrn[xt rertifrueta Mountain Whitlow-Grass Y G3? S2 Eriopliorxurt nlJniexzn gnr neagnernn Altai Cottongrass Y G4I'? `-~'' ~ G~rnacarpiuin dryopteris OaJc Fern Y GS 5753 Limnorrhis cnzsifvlirt Canyon Bog-Orchid Y G4G~73? 53 Ustern lmrenlis Northern Twayblade Y G4 SZ BLM w ias Lycoptrrtfranranrrotiruurrvrrrpungerrs StiffCluhmoss Y G5TU SU Llcoptrdrurrr dtabiunr Stiff Clubmoss Y GSTU SU Penstenron n~atlraplrorers Middle Park Penstemon W G3G4 5354 Perzslerraerr Itrtrringtonii i-Iarringtan Beardtongue Y G3 53 FSf BL Plntmrtlrerrtsprarsijlornuarensifarrin Carryan6og-£3rchid Y G4GST3? S3 • 149 -~fl~ T`~~ ~~ ~ ~y i~ t~~ 1 _ II(~~'!~~\\1I(}II {}~\~~//(f] YI~}II (~(\~J}\f~ II~~Ih\\\I(~II ~~~Y/ff~~~~ ~~(~~\\'1~jj~ ~\f(\~/~f~ '~1j1{ /I(~II ~~/(~~j~~/~ ~ 61~7fI yjy l~r~ w~y ` ~ ~ `~Ki ~ 43 V V ~l ~ V J l! V ll V ll ~ U U ~ ~ ~ ~ ~/ ~ V ~ O `l ~ ~ L~ lS l'.ai ^ ~ L~1 atis adell adell Architects 3206 Castle Ct, Suite i~o Evergreen, Ca 5439 August z4, X001 Dear Mr. adell, At you request Montane Environmental Solutions Ltd (Montane} visited the proposed affordable housing development located at the `Mountain dell site', on August 23~d, ~ooi. The purpose of the visit was to review an area identified in the draft En~~ironmental Impact Report (EIR) as a narrowleaf cottonwood community with a potential for containing ~,vetiands. It was our finding that although oat 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}. Frorn 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. Da not hesitate to call if you have any mare questions. We loop forward to working with you further on this project Sincerely Nicola Rlpley • • 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 1'Viiddle ~ree~ V~Ila~e Tawn of Vail, Eagle Caunty, Calarada • August 2?, 2©41 Prepared For: Odell Architects Prepared By: Peak Civil Engineering, Inc. 1©40 Lians Ridge Laop Vail, Calarada 816? • Introduction The Middle Creek Village site is a parcel of land in the Town of Vail, located in the Southeast ti`a of Section 6, Township 5 South, Range 80 West. The site is north of the north frontage road ofI-70 approximately'i4 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. ExastinQ Hvdralo~v 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 Irrsrrrance 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 an 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 Iot and driveway to the north frontage road occupies 0.9 acres of the proposed development site. The easterly 213 of the site {S.3 acres) flows south to the roadside ditch along the north frontage road which flows east toward Spraddle Creek. Ali 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 Manaral, Denver Regional Council of G©vernments, Table 3-l, and rainfall intensities were taken from the Town of Vail "Int~~risity - I>uratinrr -Frequency Curves ". The table and curves are presented in the Appendix. Proposed Hvdrolo~v The development of the existing site will utilize the existing drainage basins with 113 of the site draining to Middle Creek and 213 of the site draiaung 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 Shawn in the appendix. • Hvdrolo~v Summary Table West Lxist, West Trap. fast Eacist, East Prop. 2.8 ac. 14.7ac. {O 10-Year 2.5 cfs 3.3 cfs 7.0 cfs 11.3 cfs ~ 100 -Year 6.7 cfs 7.6 cfs 27.2 cfs 32.$ cfs Water Quality 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 gale dikes will be used throughout the site during the construction process. I'ranosed 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 BeII 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 grater 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 1~-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. ;-- 1 ~,p~1EC~' I.OCATK)N ,s ___-- 1 l ,' ~` t R d i 4 5 iwrewsr~r~ ~o 1 ~~ e ~~ 4 .~--~ . ~; ~ .~ ~ ~ ~~ NTS i i i 1 i ~R;~I~~~GE CP.iTERIA hiANUAI P,U~iOFF TABLE 3-1 (42} RECOE•ii ~ENOEI) •RUPlCFF COEFF I C I Ei~JTS ANO PERCENT IMPERV I OU5 ' LANG USE OR PERCENT FRE(~UE~;CY . - SUP,FACiv CHARACTERI5TIC5 IMPERVIOUS 2 5 10 1GLf Business: _ - Commercial Areas 45 ,87 ' .87- ..88 .89 . Neighborhood Areas 70 .60 .55 .70~ .80 P,esidential: x. ~ .- 1` -~ • Singe-Family * .40 .45 .50 .b0 - - Mu]ti-Unit (detached) 50 .45 .50 .60~~_:70_ - hiulti-Unit (attached) 70 .b4 .65 .70- .80 - _ 1~/2 Acre tat or ~Larper * .30 .35 .40 .60 ~~_`=~:`. Apartments 70 .65 .70 .70 .80 ~ ~~-~°>- irdustrial: - ~ - __ Light Areas;:.; - 80 .71 .12. .76 .82 _ -_ - ~,~~ Heav •Acees 90 --..80 --: .80 -- .85 --- .90--:: -_ y` - - .~1r_~~ 4 ~ ~ ti~ -_ Parrs ,. Ce:netari es : ~ A 7 :10- . i8 .25 - - - 45 - ~ .-... ~. ' - _. -.. _ .- .. ., ..-- ~ .-. ... - ....~~ ~,_X k -~ Playgrounds. ~..._•---- -... 13 ; .15 ~ .20 _ .30 50 ~~ School s. ~ -._.. .~ - .._ 50 .45 -. 50 . --- .~b~0 / `"' = _ _ ~~ :.~ P.ai1r©ad Yard Areas- 20 .20 .25 _-- .35- - 45-- -' ~~ - f/ 1 ~-° Undeveloped Areas:- -~ ~' s~. Historic Flor~r Analysis- 2 = (See "Lawns"} _ ~, ,: Greenbelts, Agricultural ~ - _ _ ' Offsite Flow Analysis 45 .43 .47 .55 .b5 _w ~~'T'_ ;~ (when land use not defined) ~.-~ _ . 3. Streets. __-._- ----.. Paved - 104 .87 .88 .90 .93 - -- Gravel (Packed.) - ~ 40 .40 .45 ` .50 .60 r ~~ _ __ ~ ~: Drive and Walks: ~ 96 ~ .87 .87 .8$ ~- .89- ~ ~ ..: ~~,.y Roofs : ~ 90 .80 .85 .90 .90 ~~'g Lawns, Sandy Soil a .00 -.O1 .OS .20 Lawns, Clayey Sail 0 ,05 .15 .2S .5C _ NOTE: These Rational Formula coefficients may not be valid far large basins. - . *See Fi ure 2-1 for FRC?~[: DRCC>G URSAT~! STC7R~[ g percent impervioss. DRAlKA[~ C~ITE7~lA~~{Al*!U~- ~,~ Il-1 ~0 1~7R~" nrnt~,.tr: n~.sn ri nnn rnai7n~i --,.~rn~,-,- -------- ~] .. r~;~-• ~- ;,j=,. i;~<;: ~:>:' -~.. .;~.=: ~~: ~ j j~.`~ ~ t1Y~~~"~i 1 ! ~/ ~i-l G. ~,}( V .. ~ + kF _„ =f: ~:° .: ~vdrolo~v Calculations, r d ZQ ~~ ~° m U ~ ~ Q s~ jj p J U~¢ W~ ac ~UQ ~ D I~ po ~ z 0 ~~ ~ fr 'I , f , ~ f f ~. ~~, i- f~~{rl%~"~~~f~ f~ ~ rrr ~~ ~ ,!./r r~~ r{ ~ _ \rff ~ - ~1 \~.~ :r, ,{/ Ifl ill l ~ ~ ~ ~~'~ 1~ ~_ -_ ~ ~k,, _~ f [ ~' f»--.. Kph-f:' a;~ k, l:. }- V.IS~ `~. ~ i~ - ~ ri' ~ v ~ ~~`~°~ 1r r -....''1 i rP / ,-. Ate' --~.~~ ~• ~~ ~ -~f;t=~ i,~ `~~4`~{y ? fl -r- -- --~ ~-~v;,~`_ Y ~r 1 1- ~'. Vwil ~- ~~:e,.. f •6 sF.~.~ - - p' ',` ~t~~_».~.~ ~.jE 1`.,!:.~ :~i3 M .+~a ~ ,r~~~~/ ~' yin ~ f~ 4 ~'~1~3/;r -~ :i :~ ~ .8 ~;x,~ ~~~ I ~', - 5__ _ .- ., . ~~ia~ir _ t,>~Yjf Il,.., tir~t'tr~v - /( ~ • ~~.' -.. SCALE: 1` = 3€]00' pRAM![ IX .:... BY: fOf aEM£MiFD: PLL .p6~ 10] OAl£ oE/22A 1 } SCAEE~ 1' = 2Q0' i j~ 1 a11 .~~--~1 U I ~ Q ~ i '~I ~ i ~ ~ ~ J i l7 ~o~ ~~¢ o~> ~~Q. e iiit~it ~~ RC ~ W7w fE/ 1 MIbQLIa CREEK VILLAGE RATIONAL METHOD TOTAL AREA = C1 - PVN1T & BLDG 8f21/41 WEST DRAINAGE AREA -EXISTING CONDITIONS 2.$ AC .9oi3 No. 1D39 By: GKM D.7 AC Cfi0 = 0.88 C100 = 0.89 Runoff Coefficient - C from Table 3-1, lfrban Drainage C2 -FOREST 2.1 AC C10 = (1.25 C100 C10= (0.88x0.7]+(0.25x2,1]12.8 cioo = (o.ss x o.~] + (0.5o x 2.1] f 2.s TIME ~F C©NCENTRATIdN T1 =SHEET FLOW, 300 FT @ 40°l0. T1 {1D yr} _ {1.1 - D.41} x Length "1!2 f S "113 T1 (10D yr} _ {1.1 - 0.60) x Length "1 f2 f S "1!3 T2 =SHALLOW FLOW, 550' ~ 40°!° V10=1,49ANx(A!P)"2J3xS"1f2 V100 = V1D T2 (14 yr} = 550" / 11.78fps x 60 T2 {1 DD yr} = 550' / 11.78fps x 6D TOTAL Tci D = 21.4 + .8 = T©TAL Tc100 = 11.8 + ,8 = INTENSITY { I ] I10= 1100= PEAK FLOW RATE (Q ] Q = CEA 03 10 = (0.41) x {2.2) x. {2.8} = Q100= (0.6I}}x{4.D)x{2.8)= >:- s 0.54 Runoff Coefficient - C _- from Table 3-1, 4Jrban prair~age 0.41 o.sa 16.23 min. 11.78 min. n - D.025 Alp =6113 - fi 2"WxD.S'd 11.78 fps s = 0.11 11.78 fps 0.78 min. 0.78 min. 17.0 min. 12.0 min. ' Intensity {t) from Town of Vail IDF curves 2.2 in.Jhr. 4.0 in.lhr. 2.51 cfs 6.69 cfs MEDDLE CREEK VILLAGE °~`, RATIONAL METHOD TOTAL ARI=A - 14.7 AC C1 -FOREST i4.7 AC C10 = 0.25 TIME OF CONCENTRATION T1 =SHEET FLOW, 300 FT @ 40%. T1 (10 yr) _ {1.1 - 0.25) x Length ^112 / S ^1I3 T1 (100 yr) _ (1.i - 0.50) x Length "1 /2 / S "1I3 T2 =SHALLOW FLOW, 950 FT @ 66%. 10' WIDE, 0,5' DEEP V10 & V100 = 1,491n x (AIP)^,67 x S^.5 V10 & V100= 1.491n x (5111)".fi7 x .66".5 T2 {10yr) = 950 114.3 x 60 T2 (100yr) = 950 / 14,3 x 60 sr221o1 EAST DRAINAGE AREA -EXISTING CONDITIONS Job No. 1039 By: GKM C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban prainage T3 =CHANNEL FLOW, 500 FT @ 9%. ROADSIDE DITCH - 2' DEEP 3:1 SIDES, n = 0.05 Vi0 & V100 = 1.49In x (A/P)^,67 x S^,5 V10 & v100 = 1.49/n x (12!12.6)".67 x .09".5 T3 (10yr) = 500 / 8.7 x 60 T3 (100yr) = 500 18.7 x 60 TOTAL Tc10 = 19.9 + 1.1 + 1 A = TOTAL Tc100 = 14.6 + 1.1 + 1.0 = INTENSITY (I) {Vail 1DF Curves) _ I10= 1100= PEAK FLOW RATE (Q) Q =CIA Q 10 = {0.25) x {1.9) x (14.7) _ Q 100 = (0,50) x (3.7) x (14.7) 19.92 min. 14.06 min_ 14.27 fps 1.1 min. 1.1 min. 8.65 fps 1.0 min. 1,0 min. 22.0 min. 16.1 min. 1_9 in.lhr. 3.7 in.lhr. 6.98 cfs 27.20 cfs n = 0.05 Alp = 5111 - 10'Wx0.5'd s = 4.66 n = 0.05 Alp = 12112.6 s = 0.09 Intensify (I} from Town of Vaif IDF curves • ~. %A 7 P S _~ I u ®a~ ~L ~ z ..,.~ e ~ ~ ~ _ . ._ . . D MlD©LE eREEK ViLLA~E...._, , , .... §~$ ~ '`1~ ~~.. E'VELOP~D DFiAflJAGE BA~It~S ~~ ~ S ~ s~ ~ ~ la o_.. ~ .~u~~ ~ TGWN QF VAIE, EAGLE CGUNTY, CC~LdRADp o • IVIIDDLE CREEK VfLLAGE 8/21101 WEST DRAINAGE AREA - DEVELOPEQ CONDITIONS RATIONAL METHOD T©TAL AREA = 2.8 AC Jab No. 1039 By: GKM C1 - PVMT & <9LDG i.3 AC C10 = 0.88 C1fl0 = 0.89 Runoff Coefficient - C from Table 3-1, Urban Drainage C2 - 1=0RE5T 1.5 AC C10 = 0.25 C100 = 0.50 Runoff Coefficient - C from Table 3-T, Urban Drainage C10 = (0.88 x 1.3} ~ (0.25 x 1.5} ! 2.8 0,5A~ C10D ~ {D.89 x 1.3} + (0.5D x 1.5} f 2,8 0.68 TIME OF CONCENTRATION TT =SHEET FLOW, 300 FT ~ 40'%, T1 (10 yr) _ {1.1 - 0.88) x Length ^1121 S ^113 T1 {100 yr) _ (1.1 - 0.89) x Length "1I2 / S ^113 T2 -SHALLOW F>*OW, b50' @ 40°fo V10=1.49/Nx(A!P)^2/3xS"1/2 V1 DO = V10 T2 (10 yr) = 550' / 11.78fps x 60 T2 (1 DD yr) = 550' 1 11.78fp5 x 60 TOTALTc10= 13.0+,g= TOTAL Tc100 = 9.8 t .8 = INTtNSITY (! } _ 11D = I tOD = PEAK FLAW RATE { Q } Q =CIA Q 1 D= (0.54) x {2.2) x {2.8) _ Q1DD= (0.68)x(4.0)x{2.8)= 13.07 min. 9.82 min. n = 0.025 11.78 fps A/p = 6113 - 12'Wx0.5'd s = 0.11 11.78 fps fl.78 min. 0..78 rein, 13.8 min. 10.6 min. Intensify (I) from Town of Vail IDF curves 2.2 in.lhr. 4.0 inJhr. 3,3~t cfs 7.63 cfs MIDDLE CREEK VILLAGE RATI[~NAL METHC)D TOTAL AREA = C1-FQREST C2 - PVMT ~ BLDGS C10 = C1aa = 8!22!01 EAST DRAINAGE AREA -DEVELOPED CONDITIONS 14.7 AC .lob No. 1039 By: GKM 12.0 AC G10 = 0.25 G100 = 0.50 Runoff Coefficient - G from Table 3-1, Urban Drainage 2.7 AC G10 = 0.88 0100 = 4.$9 (a,25 x 12.0) + (p.$g x 2.7) ! 14.7 = 4,37 (aso x 12.0) + (o.a9 x 2.7) ! 14.7 w o.57 TIME OF CONCENTRATION T1 =SHEET FLOW, 300 FT u~ 40%. Ti (10 yr) _ (1.1 - 0,37} x Length ^112 / S ^1l3 17.21 min. T1 (100 yr) _ (1.1 - 057} x Length ^1121 S ^113 12.38 min. T2 =SHALLOW FLOW, 950 FT ~ 66%. 10` WIDE, 0.5' DEEP V10 & V100 = 1.491n x (A!P}^.67 x S^.5 V10 ~ V100= 1.49/n x (5111)^.67 x .66^.5 14.27 fps T2 (10 yr) = 95{3 / 14.3 x 60 1.1 min. T2 (100 yr} = 950 ! 14.3 x 60 1.1 min. T3 =CHANNEL FL©W, 500 FT cLii 9%. CURB & GUTTER - 6" DEEP, n = 0.013 V10 & V100 = 1.49ln x (A/P)^.67 x S",5 1!10 ~ v100 = 1.4910.013 x (3.5114.5)^.67 x .09^.5 13.27 fps T3 (10 yr) = 500 ! 9 3.3 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 Tc10D = 12.4 + 1.1 + O.B = 14.1 min. INTENSITY (I) _ 1 14 = 2.1 i n,lh r. I 1 af? = 3.9 in.fbr. 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 n = 0.05 A!p = X5/11 - 10'Wx0,5°d s = 0.66 n = 0.013 A!p = 3.5!14.5 - 14'Wx0.5'd S = 0.09 Intensity {!) from Town of Vail IDF curves • m m a A e n x O 0 N O C7 [O N y U Y y m • Q t M N LJ c~ C~ `t' vJ l- a Hv~raullc Calculations U • MIDDLE CREEK VILLAGE HYDRAULIC CALCULATIONS INLETS. SUMP CONDITION Use D&L I-3386 Grate Open area = 2.5 sf Ponding Depth = 0.5 ft • K = Q.~ (30% clogged) C = 0.6 entrance loss coal. OF7IFICE EQUATI®N - V = C x (2gh)^1/2 and Q = KVA V = 3.4 fps Q = 6.0 cfs 8J22f01 Vllest Drainage Area - Q10 = 3.4 cfs, Q14©= 7.6 cfs _ 2 - Inlets (ane an each side of Mt. Bell R©ad - 6 cfs X 2 = 12 cfs Qr o ~ -' ~ ~'~ "~ East Drainage Area - Q1(} = 11,3 cfs, Q1Q0 = 32.8 cfs 2 -Inlets (one on each side of Mt. Bell Rand - 6 cfs X 2 = 12 cfs ~ Ja -- {~ ~~. '~ ~~ Siae Inlet Catch Basin Frame and Cover ~3/ 4' Appx. Wt. 91 lbs. :=~-.--~.~--=r- I 1f2"~ f C'1 3/4` 2 ~-{ ~5 s i G" ~3/4" ~ . ~ n n 8 1/4` .~^ _ Concave Gutter Inlet Frame _A_' Appx. Wt. Asa Ibs. - ~~- and Grate - - , _ ~ .. Available with: ~~_ 23, 'A' Gtate ~ ~ ,.,~ I 1 ~- ~~~~ -,. ,- - 31 E/2" r~ r ~r ~, ~~ 39 3/~' `'° ~ ~ nl +pI~~I 1T i/4' IIY~~ I. ~ ~~ L4' -+ VANE GRATE [I = 1/4' 27 Ili 25 IJ•' i •~ i I ~_ I„ ]9 7!•' '- 1 [9 I l Z' r L1 /A ~~'. fA A 'I _~_S 1 z!e• -1 ~- 1 va•-J L r~ 2P 31 ~' If 19 7!9' I~ J~~ ~~~ ~ CataEog Na. I-3440 ~ I-3442 I-3444 2B 6l ~• Tvoe of Grate Total_Weight f:atalnq Nn. 2 Sided Concave 340 I_-3446 2 Sided Flat 340 _ _ _ 3448 --~' 3 Sided"Concave _ 360 _ I-3450 ,~ 5t1taPLY 32 ~ s I i i5 k1~ ~, 3, ^R 4-BIDER FRdME Tvoe of Grate 3 Sided Flat 4 Sided C~oncava 4 Sided Flat TotaE Weir~ht 360 380 380 9S .s~ Table Rating Table fc~r Circular Channel f~ Project Description Project File c:l r+~~+ e.fm2 Worksheet 18" CULVERT Flow Element Circular Channel Method Manning's Formula Solve For Discharge Cpnstant Data Mannings Coefficient 0.010 Depth 1.30 ft Qiameter i8.D0 in Input Data Minimum Maximum Increment Channel 51ope O.OOSDdO 0.0500D0 D.005000 ftlft Rating Table Channel Slope Discharge Velocity (fUft) (cis) (ft/s) 0.005000 1. d.d9 6.2D 0.010000 1426 8.77. (~ r n = /~~ ~ ~ ~ ~ ~lL O.d 15000 17.47 10.74 O.d2dDdd 2D.17 12.40 0.025000 22.55 13.88 0.0300d0 24.70 15.18 0.035dOd 26.68 16.40 0.040000 28.53 17.53 { d.d45000 302fi 18.59 . 0.050dDd 31.89 19.60 08r221g1 84,43 52 PM FlawMaster x5.15 Haestad Methods, Inc. 37 Brookside Rpad 'Waterbury, CT g67t78 (2Q3) 755-1668 rage 1 of 1 Project Description Table Rating Table for Circular Channel Project File e.fm2 Worksheet " CULVERT Flow Element Gircular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Caefftcient D.010 Depth 7.75 ft Diameter 24.40 in Input Data Minimum Channel Slope OA050D0 Rating Tat~le Channel Slope (eft) o.oa5ooo 0.010000 0.015000 0.0200D0 D.o25o00 0,030000 0.035000 0.040000 0.045000 o.DSDODD Discharge (cfs) 21.85 30.90 37.84 43.70 48.86 53.52 57.81 61.aD 65.55 69.09 Maximum Increment 0.050(100 0.005000 ft/ft Velocity (ft/s) 7.50 10.60 / 12.98 ~~ ~~er, = ~~~-~`r l~~j ~~,~Cfcl. 14.99 (~ .~ E ~ ~II ~' ~ *.~ ~~L3 /`~r ~ e 16.76 18.36 19.8 3 21.20 22.49 23.7D .Y~;`: .,y., r: osr22~ot Plowf4laster v5.t5 04:42:53 PM Haestad fvietfjods, fnc. 37 Brookside Road Waterbury, GT 06708 [203) 755-1666 Paye 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 ,~~~~~~~ I f'~1G. August 23, 2041 Lee Masan Odell Architects, P.G. 32465 Castle Court, Suite 154 Evergreen, CD 80439 Re: Vail-Middle Creek, Traffic Dear Lee, dransporfc~tion Consultants 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 Genieration~ We understand the project will be up to four stories, specifically zoned as Affordable Housing. Occupants of the studio, one- ortwo-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. 'Institute of Transpcartaiion Engineers publication Trip Generat~'on, 4~' Edxfian 1675 Lor'smer 5treat. Suite 600 Denver; Caiarado 30202 (303) 825-7 i07 FAX: &25-6004 E-Mail: TD.4Cala@aol.com Lee Mason 8123!01 Page 2 Site Location and Laycnrt -The location of the site, about'/. mile from Meadow Drive in the heart of Vail Tillage, 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 mast 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 Creels and downvalley via ECO Transit (Eagle County} express buses connecting at the Town's transportation center -- about a 10-minute walls 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 3S % 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 ClrCUI$tion 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 )unction. 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 slang the section of North Frontage Road. Location of the east drive should consider right turn deceleration in a zone where vehicles corning 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 " I.~ t?Iaso~ $f23/01 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, Flease call me if you have any questions on this review. Sincerely, TDA ~olarado~ inc. r 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 r ~~055 E ~ ~~ Cl ~ G~ -4 -C 7 ~' u'~ Q ~~ r N~ $SOti~ September t l , 2001 Ms, Allison Ochs, AlCP Department of Comm~~niry Development Town of Vail 75 South Frontage Rvad Vail, CO 81657 RE: Middle Creek Village Subdivision Dear Ms. Ochs: 3799 HIGHWAY 82 • P.O. QRAWER 215© GLENWOOC7 SPRINGS, COLC3RAD0 81642 {974) 445-5491 ~ FAX (974} 945-4081 The above mentioned development is within the certificated service area of Hvly 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 CRC7S5 ENERGY G ,/ Ted Huskey, r~ Engineering Service Supervisor TH:uw Location #52-65 AI_It~ 2~7 2081 43:18 FR EAGLE VAIL SC 97~J 949 3289 TU 4759616 4'.81.~a1 w ~ ~ ~ ~~ ~uairc srxvrce co~a~~arry August Z0, 2001 Peak LazXd Consultau#s, inc. Attn: Creorge Massmax- 1000 Liansrid~c Laap Vail, Colorado 8)657 Suhjce.t: Service Availability Tear N,Lr, I1~lossrr~n: ~. ~ ~X ~~ Minturn, Galarada 97645 In accgrdancc witi~ onr tariffs ~Ied with and approved by tha Colorado Public LFti.lities C~uurissic~n, gas facilities can be made available tcy searve your project at Middle Creek Village {the 1Vlauntain Bell Site). Currently our Lead time far dcs;tgn is ~l vvecks and lead tiz[1e foz construction is ~ weeks, Slue'rx~ wot~a~d, ma'[crial availability and design ecmplexity, design and construction lead times arc approximate and subject to change. Pleasz submit youz plans at the earliest .,~~Ureunity tv better assure zneetiang your proposed schedule for receivixzg senzce. , ~ Gas costs will be calculated in conformance wxt1~ our filed SERVICE LATERAL CONNECTIQN A7<`1D DIST'1xI$L]7-TON M~3N EX'~~1SYON FOLICY, ^ Electric Costs for the project will be calculated in canforttumca v+dth our idled SERVICE C91~1N~ECTION A,NA I)IS'S'RiBU'ITON LINE E~t1trI~SI~}N POLICY'. If you have any quC.ti'tipriS ar eanunerltS, ar i#' I eaa be of further assistapce, please cal] ria.e at the ntifrxtbcr listed t~clovv. IVIy normal wozlt hours ~-re x:00 a.rn, to 5:41? p.m., llrianday ihrouglz Prielay. Sine ely, Ka n Bozt Technician 970-Z(i2-4f1`~0 ~* TOTAL iPAGE.81 ** HUB. 23.2LQ1 3.1 ~ 46~1M HOLY i:F~GSS VAIL (~~0.458 P.2 ~ ~ • August 2Z, 2OOi Mr. George hRassman Peak Land Consultants, fnc, T QCYO Lions ridge l,vop Vail, CQ 8 i 6S 7 RE: Middle Creek Village _ "Mountain Bell Site" Dear Mr. Hussman: 3799 HIC,HWA:Y ~2 • P.Q. bRAwER 215D GLENWOC}D SFR1N~,9, CflI~ORALO 81b02 (970} 9~45e5491 • FAX (470) 94~-d09'! The above mentioned development Is wtYfin the certificated service area pf Holy Cross l:ner}y. Hnly Cross Energy has existing power facilities located on or near the above mentiQne~i project, These ex}sting facifitles nave adequate capacity to prQVide electric ;power to the deveioprnent, suE~ject tv tise tariffs, rwle5 and regulations ran fife. Any power line enlargements, relocations, and new extensions necessary to deliuer adequate. Hower to and within the deveioprnent viii lee undertaken by liofy Cross Energy upon cvmpfet[on of appropriate contractual agreements, Please advise when you wish to proceed with the develcapment +~f the electric system far this iaraject. Sincerely, HDLY CitQSS ElVEIiGY Ted Ht~skey, Engineering Service Supervisor Ti-I:vw service Ldc3tian #52-65 • • '~ EAGt_E Rtv~R MATER & SANITAT]ON ~ISTFilCT 846 Forest Road • Vaal, Colorado F3165? [970) d76-748fl • F.AX (97Q) 476-AG89 August 21, 2041 Mr. Jim ElIerbroek Peak Land Consultants, Inc. 1000 Lionsridge Loop Vail, CO $1557 Subject: Middle Creek Village Development Ability to Serve Letter far'kVater and Sewer Dear Jim: As of August 14, 2001,the Eagle River V~later & Sanitation District v~rill 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 5647 Single-Family Equivalent {SFE} units. The current design capacity of the VWTP is 7544 SFE units. Accordingly, upon compliance with the rules and regulations, and the payment of appropriate tap fees, the District will pravide 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 ar concerns please contact the District at 476-7484. Sincerely, Fred S. I`laslee Regulations Administrator Customer Account File FSH/mem F:~t5u1SI]~RREGS~ABILTSRV',EQRN~~jtVC]~~~~,~ icRATi~NS S~ MANAC~ENIENT SERVICES A~~ ,~- ~-.,-0 t 2 : 1 OPW7 ; C,lYfS ST EFJG. Ei-23-G5 2:O0PM ,g7O 39a 0257 xa ti i 97OS7S86t B,1F p ^ t Auge~.st 23, 2x01 To whom it txiay concern: Qwest ecrnfirrns trot ability to serve the proposed site (Middle Creek Pillage) as shown tan the "Location Plan" dated August 20, 2Q41 prepared by Peak Land Consultants, Inc, ''JVe understand t'ha# the plank trar~mitted are conecpt~al only. Jasan`~arpe, Qtivest Field Engineer Jason Sharpe °~ Cpf)eid `uxlrneer Lacaf NeM~ gpErations _ '. 92~ A ~,u/~ 81601 970384 0238 g"l0 618 7573 Cet 970 St18 03 t 7> 970 384 0257 1rsh8~l®.Cam S ~• ~~~ '~.,7~ .,,~.~ ryNi ~~ti W • «i w i '~ ~~-- • MEM©RANDUM TO: planning and Environmental Comm'sssion FROM: Department of Gammunity Development DATE: September 24, 2001 SUBJECT: A request for a rezoning from "Special Development District No. 10" to "Housing Zane District" located at Timber Ridge Village, 1280 N. Frontage Rd. West /Lots G-1 through C-~, Lion`s Ridge Filing No. 1, Applicant: Tawn of Vail Planner: Allison Ochs I. DESCRIPTION OF THE RiEClUE57° The Department of Community Development has initiated a rezoning of Special Development District 14'0. iL7 to the Housing Zone District, located at Timber Ridge Village, 1280 N. Frontage Rd. West /Lots C-1 through Lots C-5, Lion's Ridge Filing No. 1. An application has been received by the Department of Community Development from the Administrator, Russell Forrest, in accordance with Section 12-3-7 of the Town Cade, to rezone Timber Ridge Village from Special Development District No. 10 to the Housing Zone District. According to Section 12-3-? of the Tawn Code: An amendment of the regulations of this Title or a change in district boundaries may be initiated by the Tawn Council on its own motion,' by the Planning and Environmental Gammission on its own motion, by petition at any resident or property owner in the Tawn, ar by the Administrator. Timber Ridge Village is currently zoned Special Development District No. 10. The proposal is to rezone Timber Ridge Village to the Housing Zone District. The purpose of the Housing Zone District is The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, canna[ 6e adequately regulated by the development standards prescribed for other residential zoning districts. !t 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 tar 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 thaf employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, acrd to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. ,,,~. T049N 01<Y~IL ~ II. BACKGROUND AND H15TORY OF THE SUB.3ECT PROPERTY Lion's Ridge Subdivision was platted in Eagle County in 1973. The property was subsequently annexed by the Town of Vail in 1975, by Ordinance No. 26, Series of 1975. Ordinance No. 7, Series of 1979, rezoned Lots C-1 through C-5 from Residential Cluster to Specia[ Development District Na. 1 Q. Ordinance Na. 7, Series of 1979, has been attached far reference, The project was completed in 19$1 and received a Final Certificate of Occupancy on November 30, 19$1. As a special development district, the development standards are prescribed by the adopting ordinance. In a specia! development district,. uses do not vary from the underlying zoning {12-9A-7). Wowever, in this situation, the original zoning of Residential Cluster was repealed, and the uses are set forth by the adopting ordinance and development plan. In Speciaf Development District No. 19, the allowable uses far Timber Ridge Village are se# forth by the adopting ordinance. Ordinance No. 7 permits: Use: The use of the f98 dwelling units shall be restricted as follows: 1. Uniis shall be used far Long-term rentals with a minimum lease of 3'0 days. 2. Ali occupants shall be full-time employees in the Upper Eagle Valley which includes the Gore Valley, Minturn, Fled Cliff, Gilman, and Eagle/Vail. "Full-time employment" shah be deemed to mean employment of mare than 30 hours per week. Members of the family of an employee shalt be exempted fram this requirement. The owner of the property shall praulde to the Town of Vail on December 7 and June I of each subsequent year a list of all tenants, Including their names and places of employment. 3. A ten day period from the time of initiaf occupancy shall be given in order far an occupant to find employment in the Upper Eagle Valley as required herein. ~. All occupants, with exception of members of the family of an employee who are not employed in the Upper Eagle Valley far a period in excess of ten days (except in the recognized off-seasons) will be required to terminate their occupancy. 5. AI! signators of leases must be occupants of the units. 6. Occupation of each unit shall be fimited to a family as defined by Title 7 8 of the Vail Municipal Code. Length of Commitment: The terms of these conditions shall be in effect for a period of twenty years fram the date of completion of the project. No unit, building, ar portion of the project shall 6e condaminlumized during the restricted twenty year period. The terms of the conditions placed an the 198 units expires after 20 years from the date of completion. Timber Ridge Village received a final Certificate of Occupancy on November 39, 1981. The terms of the conditions expire on November 30, 2Q01, Special Development District No. 10, Timber Ridge, sets specific development parameters for the site, including: 2 Lot Size: 1().08 acres or 439,084,8 sq. ft, Hazards: High Severity Rockfall Slopes in excess of 40% (estimation by staff, no pre-construction surveys available) Density: Buildings: GRi=A: Site Coverage: Landscape Area Height: Setbacks: Parking: 198 dwelling units 16 buildings i 48,509 sq, ft, 45°f4 or 197,588 sq. ft. 30% or 131,725 Sq. ft. 35 ft. 20 ft. 297 spaces or 1.5 per unit Staff is aware of existing non-conformities within the special development district, including but nod limited to height and setbacks. According to the legal file, the eastern most building was built over the adjacent property line, and therefore does not comply to the 20 ft. setback requirement. lll. STAFF RECOMMENDATION The Department of Gammunity DeveCopment 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 VI of this memorandum and the following findings: The proposed rezoning is consistent with the adapted goals, objectives and policies outlined in the Vail Comprehensive flan and compatible with the Town of Van'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. IV. RULES OF THE R€VIEWING BOARDS FOR A REZONING REQUEST Planning and Environmental Commission: Actian.~ The PEC rs advisory to the Tawn Ca~ncil. The PEG 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. Design Review Board: Action: The DRB has N{] review authority air a zoning/rezoning. 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 mama 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, car denial. Staff also facilitates the review process. Town Council Action: The Tawn Council is responsible far fins! approval/denial of a zoningfrezoning. The Town Council shall review and approve the proposal based 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, VI. REZONING REQUEST: CR1TERIA FOR EVALUATION ZONING QVERVIEW The Town of Vail Zoning Regulations are intended t©: 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. The Town of Vail has established the following criteria for the review of a rezoning: 1} Is the existing zoning suitable with the existing land use on the site and adjacent land uses? The existing iand use on the site consists of multiple-family dwelling units reserved for employee housing. There are 16 two- and three-story buildings with t 9$ dwelling units. There are three beds per unit. In November of this year, the restrictions on the use of the property as employee housing expire. Staff believes tha# the current zoning, Special Development District No. 1 Q, is suitable with the current and future use of the property. As a special development district, the development standards are set by an approved development plan, subject to review by the Design Review Board, Planning and Environmental Commission, and Town Council A special development district allows for deviations from the code. Section 12-9A-9 states: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Tvwn Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-9A-8 of this Article. 4 When approved, the Town Council determined that the deviations provide substantial benefit to the Town. In Special Development District No. 10, the identified public benefit was employee housing fora 20 year period. The Town Council found that the public benefit of employee housing outweighed the deviations, which included a considerable increase in density from the original zoning (RC) and relief from the design guidelines. Staff believes that Special Development District No. 10 is suitable with the existing land use of the property. The purpose of Special Developi•nent District No. 10 is as follows: Special Development District IVa. 10 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreationa! amenities, and promote the objectives of the zoning ordinance. Special development district i0 is created to ensure that housing for the employees of the Vail community is ~pro~vided and provided in such a manner that is suitable for the area and the vicinity in which it is situated; that the development will net have a substantial negative effect an the town or its citizens, inhabitants, or visitors, that the development is regarded as complementary to the town by the town council and the Planning and Environmental Commission; and that there are significant aspects of the specie! development which cannot be satisfied through the imposition of standard zoning districts an the area. Special Development District IVa. 10, allows for the continuation of the existing use of the property without the employee housing restrictions. It creates no nonconforming situation. Adjacent uses include the following: Simba Run - Special Development District No. 5, Simba Run, was adopted by Ordinance No. 6, Series of 1976. It was a development originally approved in 'E=ogle County, prior to annexation. The development plan was accepted by the Town of Vail as part of the annexation agreement. When annexed, special development district was the most appropriate zoning far the site with the prior approvals. The public benefits included transportation improvements, recreational amenities, and ten employee housing units. The site has no underlying zoning. According to Special ©evelopment District No. 5, there are 209 dwelling units on site, consisting of 198,000 sq. ft. of GRFA and 18,000 sq. ft. of commercial area. United States Post Office---the United States Post Office is zoned Medium Density Multiple Family. The use of the site is a pubic building. As an office of a federal agency, Town of Vail regulations do not apply. Tract A, Lion's Ridge Filing 3 •~ Tract A is zoned Natural Area Preservation District. Current use of the site is open space and. it is owned by the Town • of Vail. 5 Staff believes that Special Development District No. 10, is suitable with adjacent uses. Staff believes that the Housing Zone District would also be appropriate for Timber Ridge Village. The Housing Zone District would allow for the continuation of the current use of the property. Any redevelopment would then need to comply with the Housing Zone District standards. 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, Rezoning Timber Ridge Village to the Housing Zone District would allow the current use of the property to continue. Should the owner of the property choose to improve the buildings through the addition of GRFA, the Town Code would require the applicant to come into compliance with the Housing Zone District. This would preserve the 19$ dwelling units currently reserved far employees. Staff believes that the amendment presents a convenient workable relationship with land uses consistent with stated municipal objectives. The purpose of the Hauling Zone District is: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. 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 f 2-1-2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to 6e incidental and secondary to the residential uses of the District. 7`he 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: Lat Size: as approved by the PEC Density: as approved by the PEC GRE=A: as approved by the PEC Site Coverage; 55% or as approved by the PEG Landscape Area: 30% Setbacks: 20 ft. or as approved by the PEC Parking: per Ch. 12-10 or as approved by the PEC i As part of the rezoning of Timber Ridge Village to the Housing Zone District, the Planning and Environmental Commission would be adopting a development plan for the site. The approved development plan would consist of the current development parameters as outlined in Special Development District No. t 0. Staff believes that the Housing Zane District presents a convenient workable relationship with the existing use of the site. The rezoning would not present any nonconformities with regard to the existing structures. However, the Housing Zone District is very specific with regard to,use of the site. The Housing Zone District's primary intent is to provide employee housing. When the restriction on the use of the dwelling units expires, the site will be nonconforming with regard to use. According to the Town Code: ? 2-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this Title for the district in which it is situated maybe continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area for building floor area than r`t occupied an the effective date hereof. Any subsequent reductr`on in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. The Town Gode allows for the continuance of nonconforming uses. Et states: 12-18-2: CCINTINUANCE: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective dale hereof may continue, subject tc~ the limitations prescribed in this Chapter, Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. Therefore, the current use of Timber Ridge Village may continue until the owner of the property submits an application to the Department of Community Development to enlarge any structure on the site. At such time, the applicant would be required to come into compliance with the use requirements of the Housing Zone District. The current use of the property conforms to the existing zoning, Special Development District Na. 10. Should the owner of the property wish to enlarge any structure on the site, the process would be a major or minor amendment (depending on the scope of the improvements} to Special Development District No. 10. 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 F3egulations and Vail's Comprehensive Plan elements, staff believes this rezoning provides for the growth of an orderly viable comrnunity~ 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 existing use and development of the site, while allowing for a variety of uses which will benefit the Town and the owner of the property. 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 knot EHUs) not to exceed 3Q% of the total GRFA constructed an the site, and accessory commercial uses. The Housing Zone District provides far development potential beyond the existing special development district. The only allowable use under Special Development District No. 1Q is t`3$ dwelling units. With no underlying zoning,. development potential is ambiguous. There is no mechanism in place to ensure compatibility of uses on the site with adjacent properties, Vail's development objectives, and Vail's Comprehensive Plan. Any redevelopment proposal inconsistent with the existing special development district would need to establish underlying zoning first, then impose a new special development district on the property. Staff believes that the ambiguity of the development potential for the site with the existing zoning does not provide for the growth of an orderly viable community. Staff believes that the clear purpose and intent of the Housing Zane District, along with 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? ~e Vail Land Use Plan was initiated in 19$5 and adopted in 19$6 by the Vail Town auncil. The main purposes of the Land Use Plan are two-fold: f. To articulate the land use goals of the Town. 2. 7o serve as a guide for decision making by the Town. ie Vail Land Use Plan is intended to serve as a basis from which future land use ;cisians may be made within the Town of Vail. The goals, as articulated within the ind Use Plan, are meant to be used as adapted policy guidelines in the review ocess far new development proposals. In conjunction with these goals, Sand use itegories are defined to indicate general types of land uses which are then used develop the Vail Land Use Map. The Land Use Plan is not intended to be gulatory in nature,. but is intended to provide a general framework to guide decision along. Where the land use categories and zoning conflict, existing zoning controls welopment on a site. ~e current land use designation of the property is High Density Residential, which, ;carding to the Vail Land Use Plan, is described as: The pausing in this category would typically c©nsist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. CJther activities ira this category would include private recreational facilities and private park~'ng facilities and institutional /public uses such as churches, fire stations, and parks and open space facilities. ie proposed rezoning is consistent with the goals, objectives end policies as stated 8 in the Vail Land Use Plan. Specific Land Use Plan goals that are relevant to this proposal include: 1.0 General GrowthlDevelopment ~.1 Vail should continue to grow in a controlled envir©nment, maintair~Ing a balance between residential, commercial and recreatiana! uses to serve bath the visitor and the permanent resident. 1.3 The qualify of development should be maintained and upgraded whenever passible. 5.0 Residentia! 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards da 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 Vai! Land Use Plan will be furthered lay the rezoning of this property from Special Development District No. 1 Q to the Housing Zone District. The Vail Land Use Plan states that the provision of employee housing is an important objective of the Tawn. In addition to the Vail Land Use Plan, other Town documents support this objective. In 1999, the Town of Vail sponsored, along with Eagle Gaunty, Town of Eagle, and Vail Resorts, Inc., a housing needs assessment. The Housing Needs Assessment states: Develop mare rental housing. The demand for units to house new employees and employees who now commute but want to Iive in Eagle County is sufficiently strong to support the additional development of apartments. Until the vacancy rates reaches a Ievel more in line with other communities, efforts to develop apartments should not be curtailed.. Staff believes that the rezoning of Timber Ridge Village to the Housing Zone District is consistent with the Land Use Plan and the Housing Needs Assessment. • 9 • To: Vail Town Council Planning and Environmental Commission From: Russell Forrest (Applicant) Director of Community Development and Zoning Administrator Dafe: September 4, 2QOt Subject: Request to rezone pane! # 2103 -121-05-C}08 from SDD # 10 to the Housing (H) Zone District (Section 12-6I) of the Town Code. 1. PROPOSED ACTION: The Administrator on behalf of the Town of Vail is respectfully proposing to place Timber Ridge in the Housing Zone District (H). The purpose of this zoning application is to advance the housing policies of the Town by maintaining the use of the site as a housing area for employees. In addition, the rezoning will provide additional opportunities for the owner to redevelop in the future. Timber Ridge currently has 198 units, 396 bedrooms, and 5J4 beds. The Housing Zone District provides the owner with opportunities to develop market rate housing and ancillary commercial development to help encourage redevelopment. This. rezoning is important to the welfare of the Town of Vail in that this housing project provides homes far over 5~0 area employees. The Housing Zone District will help ensure that the site continues to be maintained as employee housing and will provide opportunities to improve and maintain employee housing in the future. 2. EXISTING DEVELOPMENT PARAMETERS AND PROPOSED DEVELOPMENT PLAN This proposed zoning does not involve a proposal for any physical changes. The proposed zoning does afford the current owner the ability and flexibility to redevelop the site. The Housing Zone District would allow commercial uses as a conditional use and would allow free market units to be proposed (up to 30% of the floor area) in a future redevelopment. The current development parameters, as approved in SDD # 10, are respectfully submitted as the development plan far this proposed zoning that include: + Area: 10.05 Acres • Land Use Plan Designation: High Density Residential • Density: 198 units • 1=1oor Area :148,000 square feet • Parking: 297 spaces • Setbacks: 20 ft • iVlaximum height: 35 feet • Site Coverage 45% * Landscaped Area: 30% The site was originally zoned residential cluster, which had an allowable floor area of 109,000 assuming all the land was buildable. Unce steep slopes are factored into the GRFA calculation, the actual allowable square footage could be less than 109,000 sq. ft. The SDD allowed a 35 % increase over the maximum potential for GRFA under the previous zoning before factoring in Slopes. 3. CRITERIA FOR REZONING: The Town has Consistently applied the following criteria in review of rezoning applications: REZONING CRITERIA 1) Is the existing zoning suitable with the existing land use on the site and adjacent land uses? The site does not have underlying zoning. Rather the site has an approved special development district that sen+es to define the permitted use for the si#e. Because the existing use of the site conforms to the requirements of SDD#10, the existing use is suitable to the existing special development district. However, any future redevelopment proposal, without underlying zoning, would require an amendment to the existing SDD #10, a new SDD, or the application of a new zone district. An underlying zoning district would most likely be need to be determined and the property rezoned before any future development proposal is considered for the property. Furthermore, an employee housing project on the site has worked wel! with the adjacent land uses. Without underlying zoning and the expiration of the conditions of approval for SDD #10 occurring in the near future, the existing compatible use for locals housing could be detrimentally impacted and the use may be unsuitable to the adjacent land uses. Without underlying zoning the future use of the site is in question. Neither adjacent homeowners, the applicant, nor the Town has any clear understanding of what could be developed on the site in the future without this rezoning. The Housing Zone District, if applied to this property, would also be appropriate for this property in that it would be suitable with and facilitate the existing use and hopefully encourage improvement to the site consistent with the character of adjacent land uses and the Town's housing policies. ~, 2j Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? The Housing Zone District provides the opportunity to maintain and enhance employee pausing an the site. Furthermore it provides flexibility in the future for the owner to redevelop the site while maintaining employee pausing on the site which is important to the welfare of the Vail Community. Any major addition or redevelopment of Timber Ridge would require PEC approval to ensure that those proposed changes would create a workable relationship with other land uses. 3j 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, the applicant believes this rezoning provides for the growth of an orderly viable community. Without underlying zoning, any future development would be difficult to evaluate and the success of any proposal would be unpredictable. Furthermore, employee housing is a long standing and important goal for the Tawn. Loosing 45% of the existing employee housing stock in the Town of Vail would not provide for the growth of an orderly viable community. Rather it would further lead to a decrease In the community's ability to attract and retain quality employees and could jeopardize the future economic viability of the resort community. 4j Is the change consistent with the Land Use Plan? The proposed rezoning is consistent with the land use plan designation of high density residential. This specific action is consistent with goal 5.5 in the Comprehensive Land Use Plan that states: "The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites through the community." This proposed rezoning will facilitate bath maintenance of existing employee housing and should be helpful in the future with the flexibility provided by the pausing zone district to upgrade the property. 3. CAN THE TOWN PROPOSE A REZONING ON PRIVATE PROPERTY Yes. As a Home Rule Municipality, the Town unilaterally possesses the legislative police powers to impose zoning on private property. State Law further authorizes all Colorado municipalities to establish and change zoning an private property. C.R.S. 31-23-3[31, 31-23-3(32. The Adminis#rator can initiate a rezoning as referenced in section 12-3-7 (B} of the zoning code. Furthermore the Town has changed zoning in the past which impacted private property rights. In 1979, the Town passed Ordinance #22 series of 1979 that reduced the density of Two Family Residential zoned lots from 2 to 1 an lots less than 15,OQ0 square feet. The Town has annexed property with County zoning and placed new zoning an that land which in some cases was a down zoning. For example in 1974, when the Town annexed Vail Meadows Filing #2, the Town zoned private land Agriculture Open Space on land zoned previously for low density residential The paint being where there has been a legitimate public purpose the Town has successfully placed zoning on private property to achieve that public purpose. ~. HOUSING STRATEGY The Town of Vail is pursuing a multifaceted housing strategy to meet a significant need for employee for sale and rental housing within the Town of Vail. To that end the Town of Vail has developed; • 53 Vail Commons For-Sale Units • 18 Vail Commons Rental Units • 18 Red Sandstone For-Sale Units • 6 North Trail Townhomes For-Sale Units • 24 Buzzard Park Rental Units for TOV Employees • 12 Creels Side Apartments for TOV Employees • 5 Buy Down Units dispersed throughout the TOV • The Vail Local Housing Authority (VLHA) has signed a development agreement for a portion of the site known as Mountain Be[I to be developed as additional rental housing for employees working within the TOV • The Town is a partner with Eagle County 6o develop employee housing on ~ 6-acres at Berry Creek 5~" Filing !n addition, there have been several housing projects built in the lower portion of the valley. Vail Resorts has recently built RiverEdge and expanded the Tames. These developments provide housing for seasonal employees of the Town. With these housing opportunities the vacancy rate is still extremely low at an average of less than one percent. This indicates that continuing employee housing developments is very much needed. However, with more businesses locating in the lower valley, it is critical for Vail to maintain and increase employee housing opportunities in Vail so those employers within the Town of Vail can compete for the limited pool of employees. Providing employee housing opportunities in Vail is critical to providing a high level of service to our guests, which is vital to maintaining Vail's premier resort status. Community surveys consistently indicate the need to provide for employee housing as being a critical action the Town needs to address, Creating new employee housing opportunities and preserving the existing employee housing base is critical to the welfare of the community. According to the 2000 Census 48% of the households located in Vail are renters. Few employees within the Town of Vail are able to have the security of a year-long lease on an employee rental unit, Additionally, according to the ~ 999 Eagle County Housing Needs Assessment, Vail has more residents with incomes in the $25,000 to $29,999 ranges. This further points to the need to maintain an employee bed base for local employees within the Town. 5. Market Analysis for Additional Emolovee Housing{: Eagle County Statistics Z According to the 2000 Census, Eagle County's populatian is 41,859 peaple Eased on 2000 ES202 data (Department of Labor Statistics) the lowest number of ES202 jabs was reported for May 2000 - 24,565 1- Highest number of ES202 jabs reported in December 1999 - 30,753 'r This is a difference of 5,386 jobs, which are attributed to seasonal employment It should be noted that ES202 jobs account approximately 79.3 percent of all jobs in Eagle County, according to estimates by the Colorado State Demographer With the populatian of Eagle County and the supply of jabs it is incredibly competitive to fill the positions. The limited availability and the high cost of housing exacerbates this problem. Additionally, the Colorado Department of Labor estimates that by 2005 the number of jobs in Eagle County will increase by 4.9% with the populatian only growing by an estimated 3.0%°. The ability of a community to supply ernpfoyee housing offers an edge in maintaining a local pool of employees. !n its own experience the Town of Vail was not able to fill many of its seasonal positions until it offered housing far those employees. It is estimated that roughly two-thirds to seventy percent of seasonal employment in the Vail Valley is concentrated in the Town of Vail area. (Source: Middle Greek Village Market Assessment written by the Housing Collaborative, Inc. August 2001 for the 1l'LHA). This seasonal increase fior employees adds additional demand on the already limited employee housing supply. The demand far the seasonal employees, thus employee rental housing, is a mainstay of the Town of Vail local economy. Additionally, there are two market sectors placing demands on available housing within Eagle County. The primary market are peaple already living and working within the County and the secondary market are people currently commuting to work in the VaiP Valley from the Lake CountylLeadville and Garfield County Areas, The additiona! costs associated with cammu#ing sa far to work as well as the competitive market for employees planes employers with employees living in these communities in a constantly challenging posit'son. The Town of Vail competes in a service driven economy. With out a variety of employee housing opportunities, Vail will not have quality employees and will not sustain itself in the highly competitive resort environment. Therefore taking every reasonable action to maintain properties such as the Timber Ridge site as employee housing while providing the owner with a reasonable opportunity to redevelop the property and continue to make a reasonable financial return an that property through the Housing Zane District is an important and necessary action in the community's overall housing strategy. • z 3 ~ \ ~~ ~ -- _ J ~ I~ '~;. o as ',* s 4 ~ ~ ~ ' _~~ _ ' `hY .-i, _J .___". ~ `.S pia ~~_,~ „~` ~\ ., tl~~ ~ ~ y , - ~4~ °-,.,,.., nu~~ r~-'mom ` \\ "~ ~ ~c ! ~u ~. r f ` h ~ z ~¢ f~ V 1 ., f"- ~+.il ~t_itYd,41144~Y-~,1i 1 ~ .' ~ V ~\. 1 ~~5~.. T, V k..~~ ~ ~~ _~ ~ 1 `~ ,}~ J J N _ _ ~ [~.. .: a ,~`~ \~ ~ ,~ 11,,41 ~~, \ \\. \ ' ~~ ~, ^~ ^t,. ~ ~l ~\ LJ ,~ ~ ~ A ~;'~ \ ~ u ' ~ ~ M ! ~ r ~ ~~ j'~ r <P t_ ORDINANCE N0. ,r (series of 1970) AN ORDINANCE P.EZ(}tJING A PARCEL OF PROPEITY DESCRIBED A5 LOTS C1 TIIROUGI°i C5, LIONSRiDGl;, FILING h'O. 1, TOWN OF VAIL, COLORADO, FROM RESIDENTIAL CLitSTER TO SPECIAL DEVELOP6~ILNT DISTRICT, APPROVING THE APPROVED DENSI'T'Y THEREFORE; SPECIFYING THAT TIfE PROPERTY ~aHALL BE USED FOR LONG TERM RENTIiLS; INDICATING TIME INITIAL DEVELOPhIENT STANDARDS; DIRECTING APPROVAL PROCESS, AND SETTING FORTH DETAILS RELATING TITERETO . WHEREAS, Lots C1 through C 5, Lionsridge Filing No. 1, Town of Vail, Colorado; have been zoned Residential Cluster; and WHEREAS, the use of the property has been. under study far some period of time; and SYIIEREAS, in accordance with Section 15.65.11a of the Vail Municipal Code, a rezoning has been initiated by the purchasers of the above specified property to rezone the property from Residential Cluster to a Special ~7evelopment District; and kHEREAS, the Planning and Environmental Comroissioa~ of the Town of Vail has considered the same and rectsmn~ended approval of the rezoning, a density for the property, a projected use far the property, initial development standards, and Lice process for approval of further development plans; and WHEREAS, the Town Council considers that it is in the gublic interest to rezone said property in accordance with the provisions of this ordinance; NQW, TIEREFORE, BE ORDAINED BY THE TO.`+N COUiVCIL OF THE TO1~VN OF VAIL, COLORADO, TItAT: (I} The Council specifically finds that the procedures for the amendment of the official zoning map and rezoning of properties within the `Town of Vaal as prescribed in Title 13 of the Vail Municipal Cade have been fulfilled, and the Council hereby receives the report and r.econunendatiou of the Planning and Environmental Commission recommending the approval of the 3•ezoning of the subject property. Ord. Yo. page L (2) Pursuant to Section 18_GG.160 of the Vail Municipal Code Lots C1 throu,gh C~, Lionsridge Filing No. 1, Town of Vail, Colorado, are rezoned from Residential Cluster to Special Development District in accordance crith the terms and conditions of this ordinance. (3) The fpllpwing densities, parising requirements, use requirements, length of commitment, devel©~sment standards, and approval procedures, shall be applicable to this property, and the applicaait shall enter into an agreement with the Tawn prior to second reading of this ordinance agreeing to the terms hereof. Said agreement shall be filed of record in Eagle County. A. l]ensity - A maximum number of 188~dwelling units shall be allowed with a maximum k;ross residential floor area of 1g8,5C1C square feet may be constructed on the parcel. B. Parking - There shall lac provided no less than 297 parking spaces for the praject. C. Use - The use of the 198 dwelling units shall be restricted as follows: i. Units shall be used far long-term rentals with a minimum lease of thirty days. ii. All occupants shall be full-time ersployees in the Upper Eagle Valley which includes the Gore Valley, Minturn, Red Cliff, Gilman and Eagle/Vail_ "'Full-time employment" shall be deemed to mean employment of more than 3© hours per week. Members of the family of an employee shall be exempted from this requirement. The owner of the property shall provide to the Town of Vail on i]ecember 1 and June 1 of each sukasequent year a list pf all tenants, including their names and places of employment. iii. A ten day period iron the time of initial occupancy shall be given in order for an occupant to find employment in the Upper Eagle Valley as required herein. • Ord.. No. Page 3 iv. All occupants, with exceptioai of members of the family of an employee who are nat employed in the Upper Eagle Valley for a period in excess of ten days (except in the recognized oif-seasons} will be required to terminate their occupancy. v. All sibnators of leases must be occupants of the units. vi. Occupation of each unit shall be limited to a family as defined by Title T8 of the Vail Municipal Cade. 17. 11en~th of Commitment - The terms of these conditions shall be in effect for a period of twenty years from the date of completion of the project, i~o unit, building, or portion of the project shall be condominiumized during the restricted twenty year period. E. Approvals Required - The Planning and Environmental Commission shall review and recommend to the Town Council a final development pla^ in accordance with 5ecrions 18.4p.040 and 1$.40.050 of the Vail 1~Sunicipal Code. The Town Council shall have the final review of the development plan after receiving the recommendation of the Flanning and Environmental Commission. The Design Review Poard shall reviely each phase of the development plan prior to the corrunencecnent of construction. The applicant shall obtain from the Town of Vail, a Building Permit for Phase I on or before June 1, 1979 and shall commence construction by July 1, 1979. If a Tuilding Permit is not acquired and canstructi.on has not commenced by the above-referenced dates, the Town Council may direct that this 5peeial Development District zoning shall be returned to the Flanning & Environmental Commission and the Town Council for their review. Upon said review, the re- zoning may be reversed, re-approved, altered or changed as the Planning & Environmental Commission and Town Cauncil shall deem appropriate. Ord. r'o. Wage 4 F.. ~ Develoaracnt Standards - The following ininirium development standards shall be followed: {i) Required setbacks on the projects shall tae ~. ;ninimum of 20 feet from any site lire. {ii) The maximum height of all buildings shall be 35 feet. (iii) No mare than 45~ of the fatal site area shall be covered by buildings. (iv) A minimum of 30~ of the fatal site area shall be landscaped. (v} Recreational facilities shall be provided, sufficient to meet the needs of floe residents of the project including as suggestions: volleyball courts, basketYaall court, and an inside recreation room with ping pong and faosball tables, (vi) No fireplaces shall be permitted within any of any of the 198 dwelling units. One fireplace may be installed in a cornruaa recreation ar meeting area. {4) As provided in Section 18.0$.030 the Vail Municipal Code, the honing Administrator is hereby directed to promptly modify and amend the official Zoning reap to indicate the re~.oning specified in Paragraph {2) above. <g} if any part, section, subsection, sentence, clause or phrase of dais ardir.ance is for any reason held to be . ' invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part,. section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. (6) The Tawn Council hereby finds that this ordinance is necessary for protection of the public health, safety and welfare. ~~ Ord. No. Page INTRODUCED, READ ON I'IRST READING, APPROVED, AND ORDERED PUBLISHED ONCE Iii DULL tkxis Gth day of February, 1979, and a public hearing on this ordinn.uce shall be held at the regular meeting of the Town Council of the 'fotvn of ~~ail, Colorado, a^ the 20th day of February, 197~J, aL 7:30 P.M., in the h3unicipal Building of the T+atvn. /''~~~ _ Afayar '~ ' • r .r ATTEST: f,. Town Clerk " INTRODUCED, READ OW 5ECOND READING, APFROUEO A31D ORDERED PUGLISHED RY TITLE ONLY THIS 2Oth day of FEBKk1ARY, 1979. ~~~ t' ~'~ f~ ~ .~ ~.. ~ (ATTEST) ~' '~ / -"P•~AYOU ~,,% f.//~ '~ '~'~, TOWti CLERif • 11 ~~~ 75 south frontage road nail, colorada 81657 (303} 476-7[)04 f VALLI HI FACT SHEET Lots C-1 - C-5 Lionsridge 1st Filing Size 10.08 acres 3 Building Types # Buildings # units per Building, # Total Units TYPE A (2 stories) 7 12 ~~ TYPE B (3 stories) 5 ~$ 90 TYPE C {2 stories) 4 6 24 16 198 A11 units are identical - 744 square feet Z bedroom 1 bath Recreation Building: Z bedroom, 1100 square foot managers unit two laundry roams, total 17 washers 17 dryers 437 square foot recreation room with pool, ping-gong and fvosball tables 1150 square feet of storage/affice space Parking: Total parking 308 spaces 1.55 spaces per unit Previous Zoning: Residential Cluster Residentia] Cluster allows 5 dwelling units per acre Allowable development through zoning; 50 dwelling units GRFA allowable is 25% of buildable site area • y ~'~ q 4J r:+ : ~! i ~~~ r r . , raj.- rR ~ ~ •.- 1 ~i~~ ~~~~ I ~ 1 1 a 4 4a '.t LL :~ l... ~, d TJ t~ ~ ~ r - ~, ~ . ~ . ~ ! J. ~ .L 1...J {. a ... L Life } J T V 4 ~. 4-. . ~ ~ ` f .. - iQr t!l{~ ~.~.~CI;L'm~I:t 4i t:hi~ 4i~'1C:i:_~. ZC7?:~t7~ fi4:'-~~ wa7U iCt..c711i:1~ 03 propertic~ s=:i thin the Tol:~n of ~r~.?.1 ==~ prescrined in Title I~ c~~ Lh~_- l~:~i~. '.,Lni.cigal Code have-.k~eer. iuliilled, -and t~~e L`ounczl, herct33~ 1-cc:Gi;yes the repart and reec~;:tmen.clatian oz the Flannina and En~~ironmental Cor~:nissic~n recommc:ndin~; the aptiroval. o~ the r~2oniii~ of tie suu j~:ct prc~pert;r . . _-_-- ~ (~) :pursuant to Sect ~.on 18 . ~6. 16(7 of the ti all ~~ ~iunicipa3. Cade Lots Cl ti~rough C~, L~l~r:_5~'~cge .~"z'! ino Rio, 1, Town of Vazl, Cclarada, are re~oacd xror~ Resiaentzal C~:uster to Special, Develaprzent D~.strict in accordance s.ith the terms and conditions of this oz-dinance. (3) The fcallo~ving densities, pa~~iz3~, requirements, use requxemer~ts, tenth of ccanmit:nent, develrp::ient stan.daxds,. and approval proceduxes, sha~.l be applicable to this pxoperty, and the applicant shall. enter into an agreement Zrith the Town prior to second reading of this oxdirance agreain~; to the terms hererf. Said agreement shal3 he filed of rece~rd in Eagle County, - •- (~ ~ A. Dr:nsity - A ras~.irizuin :~umher cT i~c^,: dtiz=ell.,no unit ~~ shall be ~.lloti=red with a m4xiinuin gross residential i'lc~or area oT 18,500 square feet in~.y be constructed on the parcel, E. Parkir.~' -There shall be provaded i~o less than 207 pa,'_~_n~~ spaces for the project. . C. [7Se - The use of the 1G~ d•.~elling units shall be restricted as follo~vS: i. Units sha:il be used foz long-germ rentals with a rnini.rnuri Lease of thirty days. ~~ iz. All oeeu~~az~ts shall be full-time employees .,.n the Upper Eagle Valley ~=rhich zncludes the fore Malley, i hiintuxn, Red Cliff , ~ilirian and Eagle/Nail. "roll-time e!nplo}'„en t" shall be deemed to mean emplo~-mezt of more than 80 hours per wee?. ;llembe,~s qi the fa..~.i? yT of an emnlo^~~ee shall 'oe elemt~zed from ~:~is .i~ - requirement . ~T.~i7e v~ti!~~~ u~ - Lilc j.JA VFJL1 L , shah, pro ~ ide. to the Tc,~.°n of Vail oil Deceriber 1 ~.!id June l of cwch suhsequc,~~. ~•ear 4 li.s~. of all tc;:an~s, includirlo their names ~r.d j:laces ai e.~i~ln_::r.~•nt. •~ iii. A ten da~~ period Pram toe Lime oi' iziitial occupanc3~ shall be given in order for an occupant. to find employment i,n the Upper Eagle Va11e5~ as z•equircc~ herein. r ~.- -~ ~~~ ~`°r„~_ . ;,~ it*. A~.I occupants, ~r-ith excep~icn of me:r:bex-s cf the f^sT~i?y of an e:rployce :~r~~a are :got emple;,~ed in the tipper Eagle Valley for a period in excess of tF~: days (except in the recoanizpd of-seasons) ~zll be required to ter:.~inate their occupancy. . v. All. sigz~ators of leases must be tccupants of the units. . vz. Qccupat:ion of each unit shall. be limzt.ed to a family ~.s defined h~~ Title l8 of the ~'a~.l hiu:~~.cipal Code. _. - _ , - .. - L, ~ Length of Corn~nit:nent - The ter~:s of these ..conditions shall. be in effect for a period or t~=aenty years from the date of completion of the ~ro~ect, rIo unit, build.=n6a or ~~ ~ e - por~zan ~~ the pra;,ect shall be conda;~inium~.Led dozing the a restrictt3 twenty year period. , E. 4Rpravals Required -The Planning and Environmental Caraunisszo~. shall review and reccramend to the Town Council a final. development plan in accordar.ee ~+zth Sections ].~.40.o~a and 18.d~.05t~ of the Jail A~unicipa~. Code. The Totivr~ Council. shall have the final review of the development plan aftQr receiving the recorunendation of the Pl~.nning and Envircnment~.l Commission. The Design Review Board shall revzeEV eac:~ ph4se of the devezc~prnent plan prier to the commencement of construction. ~~ ~,~ ~. "?'r~' a;]plc,.r,~ ~-:f];c] ~ c~ataii~ f rc~cn tfc: 'I`cy;:•s~ r.~f ~L•::i ] , :~ Pu~.i.€?i.^.~ I'~~.-;: i t_ fUr ?E1;zsc I on cr beicre Junt: 1, I9?J .Lrk<f sI]~.>~T car.:mence ccnsLr]~ct~;;n ~~ ~ to;~ ~+ul;• l , 3J ~_,. If c. ~ui3din~; Iaormi t i:• act :acquired and GO::C 4riaC ~ i0I1 i1~15 PIOt CCJI]":*'iC;riCCCI 17C tI]C a~~c]~,~e_*-~c; ±~rc.'rced da~.:ee, ti]~~ i~Ca'..,. Cc~~,::C 3.! C'::1; dz: CC:t t C;;. ~.. thi `~ `;;~~-:..;.- :,;'ti'C3raI.:*~;n,.. D~,..~,?'~c:L zoninh sI]al~. eae returned to the p'3anni~~, ~ En ~•i:-onr.:ert~.l Corr4~nission ;.nd the Ta~sn Cour.cii for their revzetiv, tJpan sa.zd review, the re-- zoniro may be reversed, re--a;~proved, a7.~.ered or cI]anged as the Planning ~ Enviror_menta.l Corunzssion ~.nd Toi:•n Council shalt deem atagropriat~ F. Develo,,:~ent Stundar ds - Ttae follctvi..]a p]ir.irau.*a deve?opment standards shall. be fo33o^ed: (i) Recuired sotbachs cr, the proJec;,s shah tae a rnir~imuri caf 2Q-feet -from any site line. ~li~i 'File Ct'i.'..n1:I7L:~il Iiei eL% O~, all Yi?llldlir~S ~~ shad be 35 fee 4 . (iii,) No more than ~5 of the total site area sha7.l be cavered by bux3•dings, (iv)~ 'A..minzmum of 30~ of the total site area shall tae landscaxaed. . (v) Recreational facilities shall Yse provided, sufficient to meet °~he needs of the residents oz the project including as suggesti~ans; valle;~ball courts, 3~askethall court ! and ~ maj,or ,ar minor arcade. Ord 6, ~ 98~) {vi) No fireplaces sha~.l be per;~itted within any of any Qf the 398 d~ve3l~.ng units. dne firep7.ace ±nap ,~ be ins-tailed in a ccammon recreation or meeting :reg. C~? ~s provided in Section 18.t~S.O:;Q the Vn.il ;-tssnicipal Code, the Zanino Ado;nistra.tflr is hereby direcECd to pror^ptly ° -. u d N L aJ s. L' .+ Y V ..r t C m rJ L7 tY [: M O O rA t! i ~ vn ..': t.a..LV :~:].. - : tr, n~ rcp n ... •a..r ~rvr. .+ - 6 .. r, o ~L u s U t: O_ :.. r x. ~~ a U a.:.-. .. < Y) H u a u) 4 ~ ..c O ..~~ ~a .. ., t: .+~ p'„ .ru' .: et n_. Ca i. nr. -•a v ~ R :J Or. of F ..-, G L: ~ t~ ~• y c c ~ ~ .. L . r t) < , ~ e .~, r. :. "~ -• = 0. t, u to ~` o L ° ~c..+ =:' u ~ ~ u ,~ ~vct :. _ .. .,~: p ^ ~ ^ t L} r N.-. n r.rci u cad ' "` 7 m V 7 )C r L 7 'C JI + V t: i C :: t: .'. ,1 'J ~ - 4 :. .. .~ O .-. L' ... tL QI G L U u C ^ :. rJ u a ~ C. . JI /1 7 C rt v. + d. V '~ L: .C t. to ^ )~ C q n .. n t r.. ~ :^ ~. [~ ~ L, ? u r .. ^ J J ' ~ Y: C + t: t: ~. 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HOUSING {H) DISTRICT SECTIC3N: 12-fit-1: Purpose 12-61-2: Permitted Uses 12-61-3: Conditional Uses 12-fit-4: Accessory Uses 1,2-fit-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 12-61-1 D: Other Development Standards 12-fit-11: Development Plan Required 12-fit-12: Development Plan Contents 12-fit-13: Development StandardslCriteriafnr Evaluation 12-61-1: PURROSE: The Housing District is intended to provide adequate sites for ~^~.;.,c~riat2d 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 #urther described in Chapter ~2-13 of this Title, Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 12-61-3: CONDITIQNAL USES: er 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 ^~°°~ r°~tr;^+°,~ employee housing and specifically serving the needs of the residents, and developed in conjunction with ~'^-~~r'.ed 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 stares and establishments. Dwelling units (not employee housing units) subject to the following criteria to 'be evaluated by the Planning and Environmental Gammission_ A. Dwelling units are created solely far the purpose of subsidizing employee housing an the property and; B. Dwelling units are not the primary use of the property. The GRFA far dwelling units shall not exceed 3Q% of the total GRFA constructed on the property and; C. Dwelling units are only created in conjunction with deed--rc~iri;ted employee housing and; D. Dwelling units are compatible with the proposed uses and buildings an 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 thi$ Title. Minor arcades Private greenhouses, tool sheds, playhouses, attached garages ar 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-~: SETBACKS: The setbacks in this district shall be 2D° 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. 2 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-BI-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 7~% 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 ANO SITE DEVELOPMENT: At least thirty percent X30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet X15') with a minimum area not less than three hundred (~00} square feet. 12-61-8: PARKING ANQ 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 Ghapter 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. G. 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 awn 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 tl~e applicant, as 3 prescribed by the Planning and Environmental Commission, and as adopted vn the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area, 12-fi[-i1: DEVELOPMENT PLAN REQUfRED: 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 appeaCed 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 far 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 4 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, al[ 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 X118" = i'), 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 a!I adjacent properties at a scale not smaller than one inch equals fifty feet (1" 5[l'). 1 D. Photo overlays and/or other acceptable visual techniques for demonstra#ing 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" 2Q'), 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 1 ~-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 ~8 112"' 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-BI-13: DEVELOPMENT STANDARQSltRITERIA FUR EVALUATIQN: The following criteria shall be used as the principa! 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 surraundirig neighborhood. f~ 5 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, it not waived, and all necessary mitigating measures are implemented as a part ofi the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans. B. Amendments to the definition of Employee Housing LJniZ In addition to the above changes, staff believes that it is necessary to amend the definition of "employee housing unit," This will allow for the changes indicated above, and fo delete redundant regulations which are duplicated in the 5ectian i 2-13 of the Town Code. The amendment is proposed as fo#lows (text to be added is indicated in bold... Text to be deleted is indicated in ~~ thr€.) EMPLOYEE HOUSING [JN1T (EHU). A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied wed to by at least one person who is an #~Il 'im? am,,~ employee. GF!l's-sk-ait~c r'.~n°•~r',~ir. ~e-d+str+s#~ :.c ert fcrth in '.mac ti'.Ic. ~~eicrmant e`~~e fC~~ Eu'Us^-~l;-oc ~~ ~~ in c"^^+°r ~'~ of chic '.it!r~ Por the purposes of this definition "'f;,ill tis`-e=employee shall mean a person who works a minimum of an average of thirty (30) hours per week on a year round basis in Eagle County Colorado. T-~}+~'F~ Ch~H he fi~~~~cr~,c cfi .r-1l'c~ Tepe--I-; ~}'~= l'~T~e-~f: T-~`pe-f~' cnd T)'~e~:-F':~°r~ie~,~ rclatir+~ `.a--each '.~,~e~ €I-Il' ~~e-s~~ fR -h in ~.~r~cr 1 v ~# thic #~e: C. Amendments to Chapter 13, Employee Housing In addition to the changes above, there are some additional. requirements which must be added to Chapter 12-13 of the Town Code to allow for type VI employee housing units. The following changes are proposed: '~ i 2-13-3: General Requirements -Type VI Employee Housing Units: G. For the purposes of this Title, a. Type VI employee housing unit is an employee housing unit which shall be governed by a written management plan or other written program approved by the Planning and Environmental Commission. The management plan is the principal document in guiding, the use of a Type VI employee housing unit. The management plan shall be reviewed and approved by the Planning and Environmental Commission as part of the conditional use permit application for a Type VI employee housing unit in accordance with the provisions of Chapter 16 of this Title. H. Management Plan -Required Contents 1. The management plan shall contain all relevant material and information necessary to establish the parameters of the Type VI employee housing unit. 2. The management plan shall demonstrate that Type VI emplayee housing units are exclusively used far and remain available for emplayee housing, as defined in this Title. 3. The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. 4. The management plan shall include adequate provisions to ensure that the employee housing units shall be occupied, and shall not remain vacant for a period to exceed five {5) consecutive months. 5. The management plan shall provide provisions to maintain the affordability of the units. Affordability shall be defined by the management plan. fi. Mo later than February 1 of each year, the owner of a Type VI emplayee housing unit shall submit 2 copies of a sworn affidavit to be obtained from the Department of Community Development, to the Department of Community Development setting forth evidence establishing that the employee housing unit has been used in compliance with the management plan. 7. Such other items as the Planning and Environmental Commission or the Administrator may deem necessary to the proposed management plan. 1, Management Plan -Findings: 1. In addition to the findings in Section 12-16-6B of this Title, the Planning and Environmental Commission shall make the following findings before approving the management plan: a. That the management plan is in accordance with the intent and purposes of Chapter 12-13 and Chapter 12- fit of this Title. b. That the management plan effectively provides for the provision of employee housing as defined in Section 12-2-2 of this Title. c. That the management plan effectively provides for adequate notice to prospective owners of the 7 requirements of the management plan and the occupancy requirements for a Type VI employee housing unit. • r~ LJ • • • c*~ ~_ c U a~ x c~ ~~~ C~= ~~w ~ ~ ~ c ~Q g Eq 0 m ~ ~ "Cl [d ~ t7 U a~ ar c.~ ~ ~ ~ N ~ Q a ~ ~ .Y ~ fdl ~ o ¢ LJ ,_.~ ro ~~ d ~~ ~ ~ C7 C a ~~ O ~ ~ C Q ~ t ~ rn ~~ o ~~,m p ~ o °' -- ~ .~ ~ ~ N ~ Q w ~ `9 0 a ~ ~~ ~ ,~ ~, mar v, w c arE ~? 'fl ~ E m O ~ ~~-' O 7 O QY 6T d T ~ _ (1 4'a~~.rrci[t1, ~' " ~ _ C ~ ~ ~ ~ ~ a ~ ~ C C O N 3a E~~~ ° ~ OW m... ~'~ E ~SC~a~~~l~idf05 y R ~ rn E d ~ L C7 ~ C ~ R O G1 ~~ ~ ~ Z] > ~ aU~H ~~IL W W yU O -a " ~ qCi 'a ~ aC.r ~ ar ~ 'ur y~.E ~~ di L ~~ .? ~ ~ ~y'e a't ~? ~ ~} cU ~ y a, ~ C O Ce mty,aaw mU as m "" .Or 'a ~ ~ to is C W ~ ~ ~ ~ ~ O t+7 ~ ~ R~7 At ~ ~ C .~ ~ ~s ~~ Qc°r~~vr~aWU ~ ~ ~ ~ c c ,a ~a cu m m cn s ~ ~~.y m •~ ~o~ a ~~'~~~ C7 ~ 'o .L~ ~ W v T C T ~ ~ L d °Q °~ y C ar ar ~ ~ uT ». a+ ~ ar a' d C ~ 0.7 O ~ '=y "~ ~q H 'C C 9~ p s ~~ O . ~ ~ N ~ ~ ~[ .. a ~ O ~ C ~ ~ rn ur ~ .~ ... O ... a~ m C 0 or •- c a '~ c o ~z a T C3) PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTSlMINCJTES Monday, September 24, 2001 PROJECT ORIENTATION ! - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden Jahn Schofield Brian Doyon Doug Cahill Dick Cleveland Site Visits : 1. Eagle River Water & Sanitation District - 6186 Biack Gore Drive 2. Bolas Residence - 5047 Ute Lane 3, Middle Creek Village - 160 North Frontage Road 4. Timber Ridge - 1260 N. Frontage Road App~o~ea 1a~osro~ 12:00 pm 1:00 pm Driver: Brent *** Wear Good Hiking Boats*** ~~ NOTE: if the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm 1. An appeal of an administrative determination regarding the procedural requirements for an application for subdivision of "the Fallridge Parcel," a Park of Lot 1, Sunburst Filing Na. 3 ! a portion of land adjacent to the Vail Golf Course Townhames in the 1600 block of Golf Terrace. A graphic map description is attached for reference. Specifically, the appeal involves a staff determination that the subdivision of land within a recreational easement requires a Major Special Development District Amendment to the Fallridge Special Development District. Appellant: Fallridge Camrrmunity Association, represented by Berenbaum, Weinshienk and Eason, P.C. 'Planner: Brent Wilson Brent Wilson presented an overview of the staff memorandum. Larry Eskwith and Mike Miller (representing the Fallridge Association), testified that the land which they wished to subdivide was not part of the dedicated recreation area from the original Special Development District #8. John Schofield asked where the legal descriptions came from. ,~ - ~. ,+ TOWN OF YALL ~ MEMBERS ABSENT Approved 1 QIOBf01 ,~ Brent Wilson indicated that the legal descriptions came from the Fall Ridge Condo Association declarations and not from any easement instrument recorded in 1977. Larry Eskwith indicated that the SDD did not include records of the location of the recreation area. John Schofield asked if legal descriptions far the properties were legally recorded. Mike Miller indicated tha# they can provide that information. Mike Helmer, surveyor with Johnson ~ Kunkel, testified as to the recorded location of the recreation area described in the Fallridge Condominium Declarations. He indicated that the property proposed to be subdivided was not part of the recorded recreation area. described in the declarations. Brian Dayan asked if there was a title report far the proposed subdivided property. Larry Eskwith indicated that #here was one available. Brent Wilson indicated that there are two separate and distinct issues: where the property legally described with the condo declarations is located and where the property encumbered far recreation under the SDD is located. Brent Wilson indicated that the recorded easement from 1977 has not been found. Larry stated that a separate easement was never recorded with the original SDD, however, the declaration indirectly created the recreation easement area. John Schofield indicated that the original SDD did not require the recreation area to be contiguous tv the SDD, which leaves doubt as to the location of the recreation area, but also indicates the property could have been removed some distance from the Fallridge building. Dr. Hawkins asked if the purpose of this was to allow for future development of the property. Brent Wilson indicated that future development of the property is a passibility, however, today's discussion regarding the appeal deals only with procedural issues. Dick Cleveland asked if something different was filed in 1977, than 1978. He indicated that further documentation is needed before he can make a decision. Brian Doyon indicated that there is not enough information for him to make a decision. Chas Bernhardt agreed. Doug Cahill agreed. John Schofield stated that the legal description f©r the land contiguous to the building, needed to be confirmed. He said a legal description of both parcels is needed and record of ownership for both parcels of land, at the time of SDD #8, needs to be verified. Diane Golden asked why staff made their decision. Brent Wilson indicated that records from 1977 are not complete and the proposed area to be subdivided did have a recreation easement in place on the property. The SDD Ordinance required recreation areas and staff believes that the property in question was part of that requirement. Brent stated the site plan presented also indicated both areas were encumbered with a recreation easement. Galen Aasland agrees with the other Commissioners. He is comfortable that the area around the building dues meet the "appraxirnately 2 acres" requirement, however, there is still not enough information for the Commission to va#e on this item. 2 Approued 10/08/01 Galen Aasiand asked that if the appropriate information can be found, would #his item need to come back to the PEC, Brent Wilson indicated that. if the appropriate information is not available, that this item may have to return to the PEC, Brent agreed to conduct the title research at the Clerk and Recorder's ©ffice to retrieve all relevant items.. Pursuant to the PEC's authority in the Vail Town Code, the PEC decided to continue this item until additional information is received. John Schofield made a motion to table this item until ©ctober 8, 2001. Brian Doyon seconded the motion. The motion passed by a vote of 7-0. 2. A request for a conditional use permit and a request for Planning and Environmental Commission review of grading and landscape modifica#ions within the 1fJ0-year floodplain, tv allow for the modification of an existing raw water intake and pump station facility, located at 5186 Black Gore Drive /Lot 8, Heather of Vail Subdivision. Applicant: Eagle River Water and Sanitation District Planner: Brent Wilson Brent Wilson presented an overview of the staff memorandum. Galen Aasiand asked if the PEC is being asked to make a single decision, or two separate decisipns. Brent Wilson asked the 1''EC to make one motion for the conditional. use permit, since the proposed findings include conformance with floodplain grading requirements. Dick Cleveland asked if the landscaping required DRB review. Brent Wilson indicated that it did'. Lynne Schorr, (ERWSD}, subrn'rtted a letter from their registered Professional Engineer indicating that there will be no change to the existing flood plain. Tom Kassmel indicated that his review indicated that there is no grading in the 10D-year flood plain and if there is no grading in the 100-year floodplain, then changes to the plans and a le#ter of verification are required. Lynne Schorr indicated that excavation would occur in the floodplain, however, no changes to the floodplain will occur. Lynne indicated that ERWS has an existing 404 permit from the Army Corps of Engineers. George Ruttier stated that in the past the PEC has required existing topographic surveys and as- built topographic surveys. Boyd (ERWSD} indicated that there will be some minor changes to the creek bank. Doug Cahill stated that this is an improved application. John Schofield asked if notification was given to neighbars and if the landowner, {feather Vail), has signed the application. Brent Wilson indicated that notification was given, however, the applicant has not signed the application. Staff's recommendation. included a condition of approval be thaf the landowner sign a letter of approval prior to DRB review. Approved 1D/(161[!1 Diane Golden had na comment. Dick Cleveland had no comment. Brian Doyon asked if this was a complete application. Brent Wilson asked if Lynne can secure a signature from Heather Vail within the nex# two weeks. Lynne Schorr asked if the PEG would require the signature as a condition. Chas Bemhardt is comfortable with the proposal and allowing staff to review the project after the Heather Vail signature is submitted. Galen Aasland agreed with the other Commissioners and commented that no further paving should occur adjacent to the pump station. Dick Cleveland expressed that by requiring a signature of the property owner may in effect bar the installation of a public utility within their easement. John Schofield made a motion for approval, per the staff memo and that a signature of the property owner be submitted and a topographic surveys of existing and constructed conditions be submitted. Brian C]oyon seconded the motion. The motion passed by a vote of 7-~. 3. A request for a variance from Section 12-11-3(C), Vail Town Code, to allow for the continuance of nonconforming building materials, and setting forth details in regard thereto, located at 5047 Ute Lane, Unit B/Lot 33, Vail Meadows Filing 1. Applicant: Robert Bolas, represented by Rob Krumholz Planner: Bill Gibson Bill Gibson made a staff presentation per the staff memorandum. Rob Krumholz indicated that he believed that the requirement causing upgrading the entire duplex structure should not apply. Bifl Gibson described the intent of the regulation. Dick Cleveland stated that he interpreted that the regulation applied to this request. He stated that with duplex structures, this situation could be expected. He did. not believe that duplex structures were intended to look different. Brian Doyon agreed with the comments of Commissioner Cleveland. He believed that the regulations applied, as stated in the Zoning Regulations. He felt the request, if approved, would be a grant of special privilege. Chas Bemhardt agreed with his fellow Commissioners. Doug Cahill fielt to approve the request would be a grant of special privilege. John Schofield did not believe that the variance could be approved and presented several suggested options to consider. Diane Golden had na further comment. Galen Aasland had two issues. First, the elevations were incomplete and needed to be finalized. ' (]nce finalized, he felt that the siding on the adjacent unit would need to be replaced. Second, he believed that this would be a grant of special privilege. 4 Approved 10A©8/01 Brian Doyon moved to deny the request. Dick Gleveland seconded.. The motion passed 7-0, per the staff memorandum, 4: A request for a preliminary plan review for a major subdivision, a request #o 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 Zane District°' to allow for the development of employee pausing at the site known as Mountain Bell, located on an unplat#ed piece of property at 160 North Frontage Road. A complete metes and bounds legal description is available at the Department of Gommunity Development. Applicant: Town of Vail Housing Authority, represented by adell Architects Planner: Allison OchslBrent Wilson Brent Wilson presented an overview of the staff memorandum. Russ Forest indicated that the PEC will review the specifics of the development plan at a future date. ©tis O'Dell, O'Dell Architects, representing the Vail Housing Authority, indicated that this application was submitted prior to the PEC's introduction to this project. He stated that they are working to incorporate the PEG's initial comments into the final development plan. He presented several conceptual ideas for changes to the final development plan that fit within the physical limits of the proposed subdivision. Russ Forest noted that there are physical constraints on the si#e. Otis O'Dell presen#ed the details of the physical limitations for development on this site. Galen Aasland asked about the cottonwoods identified in the environmental repork. O#is O'Dell indicated that they have an environmental specialist examining wetlands issues on this site. Mark Bristow stated that Otis C7'Dell has represented the views of the Housing Auiharity Kay Ferry stated that employee housing has a significant financial impact on Vail. She indicated that the business community is 100°/® behind this project. The business community would like to see the highest density possible on this site and request that the name be changed to not include the word "village." Nina Timm reminded the PEC that this item is far preliminary approval and will be before the PEC again. Qoug Cahill stated the importance of employee housing. He asked if there are options to construct housing on top of a parking structure. Development on the steep slopes should be considered. He wants to keep an open mind and to consider all possibilities far development on this site. He likes that the development is clustered and that the daycare is separated from the pausing. He stated that the hazards on the site should be mitigated. He stated that the zoning is appropriate. .fohn Schofield stated that he is generally supportive of the project as a whole. He still has concerns about the final development plan. He doesn't want this project to turnout like other Town projects where de#ails are being revised at the end of the review process instead of at the beginning. He stated that the specifics of the site layout should be revisited - a north/south orientation is preferred. The surface parking will be very visible to guests from Vail Mountain and subsurface should be considered. He would like to see comparison charts to further describe the proposed density on the site. The setbacks and bus stop layout need to be further examined. The plat should identify the legal descriptions of the property. Approved 10108!01 Diane Gulden stated her support foe the project as a whole, but details of the final development plan need to be finalized before the PEC moves forward. Dick Cleveland asked about the reduction of one building in terms of density and heightlsize of the buildings. Otis O'Dell indicated that the density remains the same, but the buildings become larger. Dick Cleveland stated concerns about density. Employee housing is important, but he is concerned that too much is being put into one location. He's. concemed about the views from Vail Mountain. He°s also concemed about giving preliminary approval when the lots are not fully defined. He's reluctant to change the zoning from medium to high density, but understands the need and is supportive. He feels that the transportation studies are appropriate, however, they may not reflect the realities of traffic flow and how people will walk to and from this site. Brian Doyon stated that he is in favor of the project as a whole. He asked if the applicant has completed a specific site inventory and analysis. He wants to know why the site is being platted the way it is being proposed. Otis O'Dell and Jim Ellerbrovk, Peak Land Development, explained the site conditions and the reasoning for the proposed subdivision layout. Brian Doyon is concerned about the location of the northern property line. Otis O'Dell stated that they wanted to the have enough property within this lot to provide adequate area for hazard mitigation. Brian Doyon stated his concern about a lack of open space and a large amount of site coverage. He is also concemed about providing adequate parking and storage. He is also concerned about site disturbance and being sensitive to the site. Chas Bernhardt indicated that he doesn't have any problems with changing the zoning and land use designation. However, he does feel that the site can be developed in a more efficient and aestheticalPy pleasing design. He recommended the use of structured parking. Galen Aasland stated his support for the project and agrees with Kay Ferry that a high density is required. He acknowledged the differing opinions of the Commissioners and the public. He feels that the area of the site being used is appropriate. He is in favor of the change in land use designation and rezaning, however, he is not supportive of approving the subdivision at this time, He stated his support for some elements of the site plan, but he wants to see further revisions and development to the site plan. He recommended the use of a central green space and a northlsouth orientation to the site. He stated his concern about the location and access to the bus stops. He also feels that there is a lot mare potential for development on this site, Mike Coughlin stated that they hear the Commission's concerns and will be analyzing those concerns and incorporating as many items as they can. They are currently examining other layout options. Nina Timm stated that the Town Council established the boundaries for this project with the RFP for this project, Brian Doyon stated that the steep slopes are not allowed to be developed and these areas should not be used for open space only because it is inconvenient fur the applicant to provide it elsewhere. George Ruther and Russ Forest expanded on this issue. Doug Cahitl asked if there are options to develop with the Mt. Bell site. Nina Timm and Otis O"Dell explained their attempts to work with Qwest 6 approved ~aroara~ John Schofield asked if Qwest has signed the application and it the property has a legal descr7ptian. Brent Wilson and Otis O'Dell stated that Qwest has submitted their approval and a legal description have been established. Brent Wilson clarified the review process and procedures far this project. He explained that all of the applications are tied to the PEC's approval of the development plan and that if the PEC decides to deny the development plan at a later date, the rezoning, land use plan amendment and final plat do not go through. He stated the primary objective with the preliminary plat is to identify a suitable building area and the adequacy of the proposed frontage and access to infrastructure. He said since the hazard locations and steep slopes will not change, he recommended the PEC allow the applicant to moue forward. Dick Cleveland stated that many of his questions have been answered and is prepared to move forward with a decision on the entire application. Nina Tirnm and Otis O'Dell stated that they are prepared to move forward with the process and will revise the development plan per the PEC's comments. Doug Gahill stated that he is comfortable with the delineation of fhe lot lines. John Schofield asked how.this preliminary plan could be modified in the future. Brent Wilson indicated there is some flexibility, since the final plat will not be finalized or recorded until the development plan is approved by the PEC. Galen Aasland stated that he disagrees with portions of the Environmental Impact Report. Dick Cleveland stated that the Environmental Impact Report reads like a sales pitch for the project, Mike Coughlin and Otis O'Dell asked if there could bs a condition of approval for a supplement to the EIR. Brent Wilson stated that specific development plan issues should be addressed later with the development plan application, rather than at this stage with the preliminary plat. Brent said the PEC could reject the portion of the EIR that references a specific development plan if the PEC feels the remainder of the EIR is sufficient to evaluate the impacts of the request. Otis O'Dell noted the portions of the EIR that do not refer to the specific building layouts. Galen Aasland asked when the applicant can return with revisions to the plans. The applicant indicated that they plan to submit revisions prior to the actober 29, 2001 submittal deadline. Mike Coughlin stated that they want to examine the feasibility of the project options prior to submitting developmen# plan revisions. Dick Cleveland stated that he is ready to move forward. Brian Doyon stated thaf a revised EIR that will probably be biased and will not be necessary. Chas Bernhardt agreed- Doug Cahill asked if it was appropriate to proceed without the EIR. Brent Wilson indicated that if the PEC feels the rest of the geologic hazard, floodplain and environmental information they have received is adequa#e to assess the impacts, the PEC can move forward while rejecting the portion referencing the development plan. John Schofield is comfortable with proceeding, but has concerns. 7 Approved 10/o8/a1 Diane Golden agreed wi#h John Schofield. Chas Bernhardt asked if structured parking would require a rezoning. Brent Vlfilson stated that the Housing Zane District allows for public buildings and grounds similar tv a municipal parking structure. Maior Subdivision Doug Cahill made a motion for approval, in accordance with the staff memorandum. Dick Cleveland seconded the motion. Galen Aasland recommends a condition that the updated EIR and revised site development details from October 29, 2001 be presented to the PEC at its second meeting in November. Daug Gahill amended the motion. Dick Cleveland seconded the amended motion. The motion passed by a vote of 5-2 (Schofield and Doyon opposed}. Land Use Pian John Schofield made a motion for approval, in accordance with the staff memvrandurn. Daug Cahill seconded the motion. The motion was approved by a vote of 7-0. Rezoniria John Schofield made a motion for approval, in accordance with the staff memorandum, with a modification that Condition #1 shall read "rezoning" instead of "land use plan amendment." Chas Bernhardt seconded khe motion. The motion was approved by a vote of 6-1 (Doyon opposed). 5. A request for a rezoning from "Special Development District No. 10" to "Housing Zone District" located at Timber Ridge Village, 1280 N. Frontage Rd. West 1 Lots C-1 through C-5, Lionsridge t=iling No. 1, Applicant: Town of Vail Planner: Allison Ochs John Schofield made a motion to table this to the October 8, 2009 meeting. Diane Golden seconded the motion. The motion was approved by a vote of 7-0. +~. Approval of September 10, 2001 minutes Chas Bernhardt made a motion far approval as read. Diane Golden seconded the rnotivn.. The minutes were approved by a vote of 6-4-1, with Brian Doyon abstaining. 7. Information Update Approved 10/08/01 Brian Dayan made a motion is adjourn. Dick Cleveland seconded the motion. The matian was approved by a vote of 7-0. • 9