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HomeMy WebLinkAbout2019-11-11 PECTOW?J OF ffl�� PLANNING AND ENVIRONMENTAL COMMISSION November 11, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Gillette, Rollie Kjesbo, Karen Perez, Brian Stockmar Absent: Pam Hopkins Main Agenda Ludwig Kurz, John -Ryan Lockman, 2.1. A request for the review of a variance from Section 14-6-7, Retaining Walls, 15 min. Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of three feet (3') tall within the front setback for the creation of an ADA compliant path located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, and setting forth details in regard thereto. (PEC19-0044) Applicant: Triumph Development, represented by Michael O'Conner Planner: Jonathan Spence 1. No proposed retaining wall shall exceed a height of six feet (6). 2. Prior to construction within the Colorado Department of Transportation (CDOT) right of way, applicant shall obtain written approval from CDOT. A copy of such approval or permit shall be provided to the Town of Vail prior to related construction activities commencing. 3. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Questions from Stockmar on the location of this path compared to CDOT property. Most of the path is on CDOT property. Stockmar quoted memo on the previous application that said that there would be no new paths in front of the property. Wanted it to be clear that it was stated that there was a change. Gillette clarified that this was a condition of the approval from the PEC that the bus stop be moved. Stockmar clarified that it was stated at that time of the memo. Ludwig — Clarified that this would not go over 6'. Spence confirmed. Open for public comment: Pam Stenmark — Proposed walkway with handrails and walk is a problem for the sheep. Maintenance is a problem for these long walkways. Can the Town or the developer look at the possibility of an elevator as an alternative? Is bringing heavy equipment to this site at the current time showing sensitivity to the wildlife? Jonathan Stauffer — This area was supposed to be clear for the sheep and this is directly in conflict with that. Commissioner Comments: Kjesbo: Required by ADA. I'm in support. Gillette: What is equipment for? MOC: For geotechnical testing. Stockmar: Will this have compression or explosions? MOC: It does utilize compression. Ludwig: it was a requirement of the PEC to have that bus stop there. ADA will require the walkway to be located there. Perez: Must meet ADA, so it should be located there. John Ryan: Ok with this as it was a condition of approval. Stockmar: As I have previously voted against this, I think this has been brought here prematurely before CDOT approval. Ludwig Kurz moved to approved with conditions. Karen Perez seconded the motion and it passed (5-1). Ayes: (5) Gillette, Kjesbo, Kurz, Lockman, Perez Nays: (1) Stockmar Absent: (1) Hopkins 2.2. A request for the review of variances from Section 14-10-4-C, Architectural 15 min. Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (6) above ground level to project more than five feet (6) into the required front (south) and side (east) setback, located at 285 Forest Road/Lot 20, Block 7, Vail Village Filing 1, and setting forth details in regard thereto (PEC19-0045) Applicant: Prima Partners LLC, represented by Shepherd Resources Inc. Planner: Greg Roy 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prrior to requesting a final planning inspection that improvements have been constructed per plan. Planner Roy introduced the project and provided details on the proposed variance. Spoke to PW support and the safety considerations. Gillette inquired about neighbor input. Roy spoke to no comments received. Lockman asked about landscaping. Roy clarified about the potential loss of a tree and the DRB review. Gillette and Stockmar spoke to landscaping and the fire department role. Ben Marion -Applicant spoke to the tree in question. Lockman -Unique application. Supportive. Perez- Concur Kurz -Alleviates bottle neck. PW support. Supports Gillette -Concur Kjesbo-Concur Stocmar-Supports moving vehicles out of ROW Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.3. A request for review of a variance from Section 14-6-7, Retaining Walls, 5 min. Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) The Applicant has requested that this item be tabled to the meeting of November 25, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Erik Gates Brian Gillette moved to table to November 25, 2019. John -Ryan Lockman seconded the motion and it (6-0). Absent: (1) Hopkins 2.4. A request for review of a Conditional Use Permit pursuant to Section 12- 2 min. 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn D rive/U n platted, and setting forth details in regard thereto. (PEC19-0039) The Applicant has requested that this item be tabled to the meeting of November 25, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Erik Gates John -Ryan Lockman moved to table to November 25, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 3. Approval of Minutes 3.1. PEC Results October 28, 2019 Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 4. Adjournment Ludwig Kurz moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 11, 2019 ITEM/TOPIC: A request for the review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of three feet (3') tall within the front setback for the creation of an ADA compliant path located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, and setting forth details in regard thereto. (PEC19-0044) ATTACHMENTS: File Name PEC19-0044 Staff Memo.pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant Narrative.pdf Attachment C. Photos.pdf Attachment D. Site Plan.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Applicant Narrative Attachment C. Photos Attachment D. Site Plan kt rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 11, 2019 SUBJECT: A request for the review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of three feet (3') tall within the front setback for the creation of an ADA compliant path located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, and setting forth details in regard thereto. (PEC19-0044) Applicant: Triumph Development, represented by Michael O'Conner Planner: Jonathan Spence I. SUMMARY The applicant, Triumph Development, represented by Michael O'Conner, request a final review of a variance from Sections14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for retaining walls with height in excess of three feet (3') within the twenty foot (20') front setback, located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), the applicants' narrative (Attachment B), property photos (Attachment C) and site plan (Attachment D) are attached for review. II. DESCRIPTION OF REQUEST The applicant, Triumph Development, represented by Michael O'Conner, requests a final review of a variance from Sections14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for retaining walls with height in excess of three feet (3') within the twenty foot (20') front setback, located at 3700 North Frontage Road East The subject property, located in the Housing (H) Zone District, is a vacant parcel preparing for development following the recent Booth Heights Development approval. This approval was conditioned on the proposed bus stop being relocated from western end of the site to the eastern end. This relocation requires the construction of an accessible path/sidewalk to access the bus stop. Due to grades on the site, retaining walls associated with the path/sidewalk will exceed the three-foot (3') maximum permitted by the Vail Town Code in the front setback, necessitating the variance request. The proposed accessible path is to be a five-foot (5') asphalt path with six-inch (6") gravel shoulders and guardrails where necessary. The path is to be maintained on a year-round basis. A portion of the path is located on the subject parcel within the twenty foot (20') front setback with the remainder located on CDOT property. III. BACKGROUND On August 26, 2019 the Planning and Environmental Commission approved the Booth Heights Development Plan and Conditional Use Permit for the development of 61 residential units, including 49 units of deed -restricted employee housing units (EHUs), (30 EHUs in 3 multi -family apartment buildings, and 19 EHUs in townhomes), plus 12 unrestricted townhomes with accompanying parking, circulation and landscaping. On October 15, 2019 this approval was upheld by the Vail Town Council following an appeal of the Planning and Environmental Commission approval. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) CHAPTER ll: LAND USE PLAN GOALS /POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: General Growth /Development V. 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. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Vail Town Code 4-10-9: FENCES, HEDGES, WALLS, AND SCREENING: (in part) E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3) in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. SITE ANALYSIS Address: 3700 N. Frontage Road E. Legal Description: Lot 1, East Vail Workforce Housing Subdivision Lot Area: 5.397 acres / (235,093 sq. ft.) Zoning: Housing District Land Use Designation: Open Space Current Land Use: Vacant Geological Hazards: Rock Fall, Steep Slopes in excess of 40% VI. SURROUNDING LAND USES AND ZONING Zoning District None (County) None Natural Area Preservation Natural Area Preservation Existing Use North: US Forest Service South: 1-70 East: Open Space West: Open Space Zoning District None (County) None Natural Area Preservation Natural Area Preservation VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance will facilitate the construction of an accessible path from the development site to the new bus stop. The proposed retaining wall height will have no affect on existing or potential uses or structures in the vicinity. Therefore, Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. 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 special privilege. As demonstrated on the topographic exhibit below, the transition from the development area to the location of the proposed bus stop on the frontage road involves significant slopes. It is the prevalence of these slopes that necessitates the variance request. Therefore, Staff finds the proposed relief from the maximum retaining wall height in the front setback is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and 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. As stated previously the proposed variance will facilitate the construction of an accessible path from the development site to the new bus stop. The requested variance will not alter population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, for a variance from Sections14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for retaining walls with height in excess of three feet (3') within the twenty foot (20') front setback, located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for the review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of three feet (3) tall within the front setback for the creation of an ADA compliant path located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, and setting forth details in regard thereto. (PEC 19-0044). " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission applies the following conditions: 1. No proposed retaining wall shall exceed a height of six feet (6). 2. Prior to construction, within the Colorado Department of Transportation (CDOT) the right-of-way, applicant shall obtain written approval from the Colorado Department of Transportation. A copy of such approval or permit shall be provided to the Town of Vail prior to related construction activities commencing. 3. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the November 11, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- The inds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing (H) Zone District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. 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 Housing (H) Zone District. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Housing (H) Zone District. IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative C. Photos D. Site Plan i ii o —O �LO LO N O Triumph Devetopment www.triumphdev.cam Booth Heights Neighborhood Retaining Wall Variance Request September 12, 2019 One of the important items discussed at the PEC's review of the Booth Height Development Application was the location of a new bus stop for the neighborhood. The applicant proposed a new bus stop at the west end of the site at the request of Town of Vail Public Works. But due to the recommendations of the Town of Vail biologists, the applicant outlined an alternative method to access the existing bus stop at the east end of the site as an alternate to the new western bus stop. In Condition of Approval #5 the PEC required that "Prior to building permit submittal, the applicant shall provide a plan for bus stops in the vicinity of the eastern end of the development to include stops on both the north and south side of the Frontage Road, to be reviewed and approved by staff. These improvements shall be financed by the applicant and completed prior to the first certificate of occupancy for the development." At both the 8/12/19 and 8/26/19 PEC Meetings where this alternative east bus stop was presented to PEC, the applicant identified that this alternate bus stop access would require a variance from the Town of Vail Code for Retaining walls (TOV Code 14-6-7-A) which states: "General: All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (Y)" Due to the practical difficulty presented by the important wildlife winter -range to the west of the site, the PEC's preference for a eastern bus stop, and the unnecessary physical hardship for residents that would be created should they be required to access this new bus stop by walking down the approved western driveway and along the North Frontage Road back to the new bus stop location — the applicant is requesting a variance for retaining wall heights in the front setback to facilitate the construction of year-round ADA and pedestrian access down to the new bus stop location. As for the Criteria and Findings necessary for this Variance, the applicant believes: 1. The granting of this Variance will not constitute a special privilege that is inconsistent with the limitations on other properties classified in the same zone district. Instead the variance will allow the efficient construction of pedestrian access to the Town of Vail's public transportation system similar that is so important to this and other Housing District developments. 2. The granting of this variance will not be detrimental to the public health, safety or welfare, nor be materially injurious to properties or improvements in the vicinity. The access facilitated by these retaining walls will in fact improve the public welfare and safety by allowing ADA P. 970.688.5057 12 Vail Road, Suite 700, Vail, CO 81657 compliant access down to the North Frontage Road and will facilitate the construction of a new safer bus stop at the east end of the site as recommended by PEC. 3. That the variance is warranted because there are exceptional circumstances due to the nearby important wildlife habitat that discourages development of the bus stop in a location that is more easily accessed from the site. A strict enforcement of the regulations would create a physical hardship for residents because the proposed ADA compliant path shown previously to PEC would not be possible without requested higher retaining walls, and pedestrian access to this new bus stop would instead need to occur by having residents walk down the approved western driveway location and then back along the North Frontage Road to the new bus stop. www.triumphdev.com ldr I Nb -1 d b N I b 2� a �8 N 4 b 2� �z�11- 'SNI `JNI?J33NI`JN3 '� /l��1 eo/ec DN — WN jj O V `-1 I V / ^ \ 61oZ/II/II MW 43N — WM aloz/so/eo �U dNld�b S1HOI8H H1008 e sNo,sN3a 61°3 d °N Mw —11 MM k „ o 1/31 8w i 00 I ao I / I / I / �nIr Amo W EU / I a i l / z , City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 11, 2019 ITEM/TOPIC: A request for the review of variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required front (south) and side (east) setback, located at 285 Forest Road/Lot 20, Block 7, Vail Village Filing 1, and setting forth details in regard thereto (PEC19-0045) ATTACHMENTS: File Name Description PEC19-0045 285 Forest Rd Variance Staff Memo.pdf Staff Report Vicinity Map - Vail Village Filinq 1 Block 7 Lot 20 - Prima Partners - 285 Forest Road - Variance - 20191104.pdf Attachment A Variance Request Letter.pdf Attachment B Plans.pdf Attachment C Title Report.pdf Attachment D TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 11, 2019 SUBJECT: A request for the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required front (south) and side (east) setback, located at 285 Forest Road/Lot 20, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC19- 0045) Applicant Planner: SUMMARY Prima Partners LLC Greg Roy The applicant, Prima Partners LLC, represented by Ben Marion of Shepherd Resources Inc., is requesting the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5') into the required front (south) and side (east) setback, located at 285 Forest Road. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noticed in Section VIII of this memorandum. DESCRIPTION OF REQUEST The applicant, Prima Partners LLC, represented by Ben Marion of Shepherd Resources Inc., is requesting the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, to allow for the extension of a parking deck, intended for use as a vehicle parking space, that would result in a three foot (3') side setback to the east and be encroaching into the twenty foot (20') front setback up to 11.5 feet. The parking deck is currently encroaching eight feet (8') into the front setback, which leaves cars being parked there extended into the right-of-way. This application would increase the encroachment into the front setback with the intent of keeping parked vehicles further out of the ROW. With this application the deck would not be any closer to the east property line than currently existing. Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, allows a deck more than five feet (5) above ground level to project up to five feet (5) into the required setback. The proposal would result in a three foot (3') setback between the eastern property line and the parking deck where a minimum of fifteen feet (15') is required. The proposed parking deck similarly encroaches into the required front setback up to eleven and a half feet (115) where a twenty foot (20') setback is required. A vicinity map (Attachment A), applicants' variance request letter (Attachment B), plan set (Attachment C), and a linked Title Report (Attachment D) are attached for review. III. BACKGROUND The subject property was annexed from Eagle County as part of the original Town of Vail in 1966. A two-family dwelling was constructed on the subject property in 1967. The subject unit was constructed with the parking deck adjacent to the southern (front) property line and three feet away from the eastern (side) property line. In 1999 a building permit was approved for an enlarged garage and parking deck that was built closer to the front property line than approved. The Court made the determination that the garage would be allowed to stay as constructed. The unit on the property received approval in 2017 for exterior alterations with multiple changes to the approved plans since the initial approval. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part) 12-6D-1: PURPOSE.- The URPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family Town of Vail Page 2 primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-6: SETBACKS.- In ETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). 12-6D-11: PARKING.- Off ARKING: Off street parking shall be provided in accordance with chapter 10 of this title. Chapter 12-17, Variances (in part) 12-17-1: PURPOSE.- A. URPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment, of this title. 12-17-6: CRITERIA AND FINDINGS.- Town INDINGS: Town of Vail Page 3 A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. 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. 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 commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. 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 zone 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 or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Town of Vail Page 4 UA Title 14, Development Standards, Vail Town Code Chapter 10, Design Review Standards (in part) 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC..- C. TC.: C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5) above ground level may project not more than five feet (5) nor more than one-half (%) the minimum required dimension into a required setback area, or may project not more than five feet (5) nor more than one-fourth (%) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. ZONING AND SITE ANALYSIS Address: 285 Forest Road Legal Description: Vail Village Filing 1, Block 7, Lot 20 Existing Zoning: Two -Family Primary/Secondary Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: Steep Slope > 40% View Corridor: None Development Allowed I Existing Proposed Change Standard Required Site Area 15,000 SF of 21,862.76 SF No Change Buildable Area Front (South) — 20' Front: 9.5' Front: 9.5' No Change Side (East) — 15' Side: 3' Side: 3' No Change Setbacks Side (West) — 15' Side: 7.9' Side: 7.9' No Change Rear (North) — 15' Rear: 55' Rear: 55' No Change Density DUs Max. 2 2 2 No Change Density Max. 7,392 SF 6,536 SF 6,536 SF Change GRFA Sec. 2,956.4 SF Sec. 3,238 SF Sec. 3,238 SF)No Site Coverage Max. 20% 20.1% 20.1% No Change 4,372.5 SF 4,394 SF 4,394 SF Landscaping Min. 60% 73.7% 73.6% -0.1% 13,117 SF 16,124 SF 16,089 SF -35 SF Parking 3 parking spaces 3 3 No Change VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Low Density Residential Two -Family Primary/Secondary Residential (PS) Town of Vail Page 5 South: Low Density Residential Single -Family Residential (SFR) East: Low Density Residential Two -Family Primary/Secondary Residential (PS) West: Low Density Residential Two -Family Primary/Secondary Residential (PS) VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The southeast portion of the subject property is significantly affected by slopes in excess of forty percent (40%). If the topography in the area of the proposed parking deck were not so steep, the applicant would not require the requested variance as they would be able to construct an at -grade driveway/parking space. Based on the topography of the site and the site design of the property to the east, staff finds no significant impact between the existing parking deck and the proposed extension of three and a half feet (35). While there may be a slight visual impact to the property to the east, staff finds that this would be best mitigated through the Town's design review process. Staff finds the proposed variance meets this criterion. 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. There is a code provision 12-21-12(k) that allows garages to exist in the front setback in areas with a slope in excess of thirty percent (30%). This makes having garages and cars adjacent to the road common in the area. The deck exists today and this application would bring it more in line with the neighboring sites by allowing more of the car to be removed from the ROW. There is still not enough room for an average sized vehicle to be completely removed from the ROW, but will lessen the intrusion. Staff finds the proposed variance meets this criterion. 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. Town of Vail Page 6 This application would improve the traffic facilities and the public safety by removing an encroachment into the right-of-way. The Town Engineer agrees that this is a positive change for the public safety in this area. Staff finds the proposed variance meet this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with conditions, variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required front (south) and side (east) setback, located at 285 Forest Road/Lot 20, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with conditions, this variance requests, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required front (south) and side (east) setback, located at 285 Forest Road/Lot 20, Block 7, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with conditions, this variance requests, the Community Development Department recommends the Commission applies the following conditions: 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." Town of Vail Page 7 Should the Planning and Environmental Commission choose to approve, with conditions, this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated November 11, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District. " IX. ATTACHMENTS Attachment A Attachment B Attachment C Attachment D Town of Vail Vicinity Map Variance Request Letter Plan Set Title Report Page 8 SHEPHERD RESOURCES INC /AIA POST OFFICE BOX 8 4 0 EDWARDS COLORADO 81632 9 7 0. 9 4 9. 3 3 0 2 SRIARCHITECT.00M October 17, 2019 Town of Vail Community Development �� 75 South Frontage Road Vail, CCO 81657 Variance Request to enlarge cantilevered e)dsting parldng space at 285 Forest Road Jim Butterworth — Owner Ben Marion — Shepherd Resources Inc. /AIA 285 Forest Road Vail, CO 81657 Lot 20, Block 7 Vail Village Filing I Dear PEC, This letter is being provided to request a variance to allow the extension of an existing parking deck approximately three additional feet to the North of its current location further onto the applicant's property. The parking pad is not completely on the owner's property due to the tight constraints of an existing garage and a steep hill. The parking deck was built sometime in the past possibly in the 1980's or earlier to accommodate the requirement for the unit to have a third parking space for the secondary half of the duplex. This required 9' x 19' space is currently located partially on the owner's property (6) and mostly (I 3') on Town property and in the street. The width of the parking space does not need modification as it currently meets the town standard of 9'. Refer to drawings for existing and proposed parking layouts. If allowed, the parking would be extended further onto the owner's property improving the condition of the currently non -conforming parking space and the condition at the street. Please consider the following factors concerning the requested variance. I . The requested variance will only improve existing and potential uses in the vicinity by moving any vehicle parked in the parking space further from the road and onto the property. 2. This request enhances the existing nonconforming condition to the best of our ability without a negative impact on anyone. 3. The effect of this modification would not have any impact on light and air, distribution of population, transportation, traffic facilities, public facilities, or utilities and would improve traffic and public safety by moving the parking further from the road edge. 4. This change should not affect any other variance factors or criteria. 285 Forest Road Vail Colorado Project # 1720 10/10/2019 Page I of 2 KI 11 PEC shall review and assess the following. 1. There shall be no special privilege to this property or others classified in the same zone district. 2. This proposal will not be detrimental to public health, safety, or welfare. Or materially injurious to the properties or improvements in the vicinity. 3. The variance is deemed warranted per section b. The fact that the parking space was developed and existed prior to the current town code and is a pre-existing non -conforming condition that the property owner is trying to improve at their own cost. This is an exceptional and extraordinary circumstance and condition and does not apply generally to other properties in the same zone district. Signature of Owner: Jim Butterworth With Best Regards, Ben Marion, Project Manager Shepherd Resources, Inc./AIA 285 Forest Road Project # 1720 10/10/2019 Page 2 of 2 s r . L e I < \ / ) \ \_ z \: - § s§a/g ) -----:-- ° k o \ )> ) m O > u � � � » s r . L e 7 < z \ z - 2 § \ _ / O \ a: \ \ 7(}( 0 ,:§ -------- % ° 0 / 0 / \z z , ,} ) m > u » \ a;r!=w,a, - }e.•�1� 2\\ r" Land Title GUARANTEE CGWAW Sum 1017— Customer Distribution Our Order Number: V50044583-12 Date: 09-21-2016 Property Address: 285 FOREST ROAD AKA PCL A LOT 20 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657 - PARCEL 1 433 GORE CREEK DRIVE #14 AKA UNIT 14 VAIL TRAILS EAST VAIL, CO 81657 - PARCEL 2 For Closing Assistance Kathryn Kuchler 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 970-748-4782(phone) 866-358-6634 (fax) kkuchler@ltgc.com Company License: C044565 Contact License: CO281402 For Title Assistance VAIL TITLE DEPARTMENT 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 970-477-4500(phone) 970-476-4534 (fax) eaglecountyrequests@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower Attorney for Seller HIGHLAND PROPERTIES 2816 LLC MOUNTAIN LAW GROUP LLC Delivered via: Electronic Mail Attention: JOHN W DUNN PO BOX 7717 AVON, CO 81620 970-748-6428 (work) 970-748-6405 (work fax) jdunn@mountainlawgroup.com Delivered via: Land Custom Delivery Seller/Owner Attorney for Buyer STEPHEN L WATERHOUSE PACKARDAND DIERKING LLC LINDA L WATERHOUSE Attention: KIMBERLY LORD Delivered via: Electronic Mail WATERSTREET 2595 CANYON BLVD #200 BOULDER, CO 80302 303-447-0450 (work) 303-447-0451 (work fax) kim@packarddierking.com Delivered via: Electronic Mail Agent for Seller Lender - New Loan RON BYRNE &ASSOCIATES FIRSTBANK Attention: RONALD BYRNE Attention:. . 285 BRIDGE STREET 10403 W COLFAX AVE PERSONALAND CONFIDENTIAL LAKEWOOD, CO 80215 VAIL, CO 81657 303-235-4500 (work) 970-476-1987 (work) 303-239-5189 (work fax) 970-476-6747 (work fax) clordering@efirstbank.com„john.ricotta@efirstbank.com tthomas@ronbyrne.com Delivered via: Electronic Mail Delivered via: Electronic Mail Copies: 1 Agent for Buyer RON BYRNE &ASSOCIATES Attention: CRISTINA BYRNE 285 BRIDGE STREET PERSONALAND CONFIDENTIAL VAIL, CO 81657 970-476-1987 (work) 970-476-6747 (work fax) cristina@ronbyrne.com Delivered via: Electronic Mail r" Lmd Title GUAA.tWNE CDMFANY s1Mft f,� Land Title Guarantee Company Estimate of Title Fees Order Number: V50044583-12 Date: 09-21-2016 Property Address: 285 FOREST ROAD AKA PCLA LOT 20 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657 - PARCEL 1 433 GORE CREEK DRIVE #14 AKA UNIT 14 VAIL TRAILS EAST VAIL, CO 81657 - PARCEL 2 Buyer/Borrower: HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY Seller: STEPHEN L. WATERHOUSE AND LINDA L. WATERHOUSE, AS TO PARCEL 1 AND PRIMA PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 2 Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 $9,550.00 Deletion of General Exceptions 1-4 $65.00 ALTA Loan Policy 06-17-06 (Includes applicable Endorsements and the first Tax Certificate) $2,218.00 Endorsement 100-06 $0.00 Endorsement ALTA 8.1-06 $0.00 Endorsement 100.29-06 $0.00 Endorsement 115.2 $0.00 Tax Certificate $0.00 Hold Open $955.00 Additional Parcel $150.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $12,938.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50044583-12 Customer Ref -Loan No.: Property Address: 285 FOREST ROAD AKA PCLA LOT 20 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657- PARCEL 1 433 GORE CREEK DRIVE #14 AKA UNIT 14 VAIL TRAILS EAST VAIL, CO 81657 - PARCEL 2 1. Effective Date: 09-14-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $5,400,000.00 Proposed Insured: HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY "ALTA" Loan Policy 06-17-06 $2,745,000.00 Proposed Insured: FIRSTBANK, ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTERESTS MAY APPEAR 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: STEPHEN L. WATERHOUSE AND LINDA L. WATERHOUSE, AS TO PARCEL 1 AND PRIMA PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 2 5. The Land referred to in this Commitment is described as follows: PARCEL 1 PARCEL A, A RESUBDIVISION OF LOT 20, BLOCK 7, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT RECORDED FEBRUARY 1, 1990 IN BOOK 522 AT PAGE 445, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 CONDOMINIUM UNIT 14, VAIL TRAILS EAST, AS SHOWN ON THE CONDOMINIUM MAP THEREOF FILED NOVEMBER 27, 1964, RECEPTION NO. 100481 AND AS DEFINED IN CONDOMINIUM DECLARATION RECORDED NOVEMBER 27, 1964 IN BOOK 185 AT PAGE 121, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2016 American Land Title Association. All Rights Reserved AMERICAN LANG TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50044583-12 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. (AFFECTS PARCEL 1) 2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR PRIMA PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED MAY 26, 2009 AT RECEPTION NO. 200909974 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JAMES F. BUTTERWORTH AS THE SOLE MEMBER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 3. ORDER OF DISMISSAL ISSUED BY THE CLERK OF THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE OF CIVIL ACTION NO. 16CV30306 ENTITLED PRIMA PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY, PLAINTIFF (S), VS. STEPHEN L. WATERHOUSE AND LINDA L. WATERHOUSE, DEFENDANT (S). NOTICE OF LIS PENDENS RECORDED SEPTEMBER 15, 2016, UNDER RECEPTION NO. 201614976. 4. RELEASE OF DEED OF TRUST DATED MAY 15, 2009 FROM STEPHEN L. WATERHOUSE AND LINDA L. WATERHOUSE TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM OF $410,000.00 RECORDED MAY 20, 2009, UNDER RECEPTION NO. 200909596. (AFFECTS PARCEL 1) 5. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER NOTE: THE UNSIGNED OPERATING AGREEMENT FOR HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES BRUCE ROBBINS, JEFF M. KING, LAWRENCE M. JENSEN, CAROL R. CROFT, KELLY JAMES LACERT, SAMANTHA BAROS, AND MICHELLE TORBECK AS THE MANAGERS THAT ARE AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50044583-12 The following are the requirements to be complied with: ANY ONE OF THE ABOVE LISTED MANAGERS MAY SIGN. 6. WARRANTY DEED FROM STEPHEN L. WATERHOUSE AND LINDA L. WATERHOUSE TO HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. (AFFECTS PARCEL 1) 7. DEED OF TRUST FROM HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY AND PRIMA PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $2,745,000.00. 8. DEED OF TRUST FROM HIGHLAND PROPERTIES 2816 LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $2,745,000.00. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. FORM 100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50044583-12 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12 1899 IN BOOK 48 AT PAGE 475. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACTAND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923 IN BOOK 93 AT PAGE 98. 10. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE PLAT OF VAIL VILLAGE, FILING NO. 1., RECORDED AUGUST 6, 1962 UNDER RECEPTION NO. 96382. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50044583-12 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: 12. UNDERGROUND RIGHT OF WAY AND EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 8, 1974 IN BOOK 235 AT PAGE 983. 13. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 01, 1990 IN BOOK 522 AT PAGE 444. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT RECORDED FEBRUARY 1, 1990 IN BOOK 522 AT PAGE 445. 15. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT RECORDED JULY 13, 1999 AT RECEPTION NO. 702340. 16. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED MAY 22, 2001 AT RECEPTION NO. 757614. 17. MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY EAGLE VALLEY SURVEYING CERTIFIED JULY 25, 2013, JOB #1360 INCLUDING, BUT NOT LIMITED TO STONE VENEER WALL ENCROACHING ONTO SUBJECT PROPERTY FROM ADJACENT PROPERTY. SAID DOCUMENT STORED AS OUR ESI 28273517. 18. MATTERS DISCLOSED ON TOPOGRAPHIC SURVEY ISSUED BY EAGLE VALLEY SURVEYING, INC. CERTIFIED JULY 24, 2013, JOB NO.1360. SAID TOPOGRAPHIC SURVEY IS STORED AS ESI 28490987. (ITEMS 8-18 AFFECT PARCEL 1) 19. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 20. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 21. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE OF SAID DECLARATION. DECLARATION OF ADDRESS RECORDED JANUARY 2, 2008 UNDER RECEPTION NO. 200800056 Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50044583-12 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: 22. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 27, 1964, IN BOOK 185 AT PAGE 121 AND AMENDMENT THERETO RECORDED APRIL 7, 1999 UNDER RECEPTION NO. 692017 AND AS AMENDED AND RESTATED IN INSTRUMENT RECORDED AUGUST 17, 2011 UNDER RECEPTION NO. 201115325. 23. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF VAIL TRAILS EAST RECORDED NOVEMBER 27, 1964 UNDER RECEPTION NO. 100481. 24. TERMS, CONDITIONS AND PROVISIONS OF NOISE ABATEMENT NOTICE RECORDED JUNE 06, 1995 IN BOOK 668 AT PAGE 738. 25. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT RECORDED AUGUST 14, 1996 IN BOOK 702 AT PAGE 853. 26. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED FEBRUARY 13, 2013 AT RECEPTION NO. 201302892. 27. DEED OF TRUST DATED JULY 02, 2008 FROM PRIMA PARTNERS LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF DB PRIVATE WEALTH MORTGAGE LTD. TO SECURE THE SUM OF $1,575,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JULY 17, 2008, UNDER RECEPTION NO. 200814967. (ITEMS 19-27 AFFECT PARCEL 2) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ('Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title r c 4', 1%%m— DISCLOSURE STATEMENTS YFn-ee r$ Gr Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. , Commitment to Insure �.`,PLTIITt, 6p z� * * : ALTA Commitment - 2006 Rev. - U * Z - * n : 9Z r77 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed * * O Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, uponpaymentcompliance with the requirements; all subject to the provisions of Schedule A and Bnd to Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in This Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: `I I I I I , ) P Old Republic National Title Insurance Company Land Title Guarantee Company �� • P� T I TSF '. a Stock Company 3033 East First Avenue Ort /H 4 , 400 Second Avenue South Suite 600 ,�� * * S'G', Minneapolis, Minnesota 55401 Denver, Colorado 80206 Q * (612)371-1111 303-321-1880 Z.17 m John E. Fre er Y7 * * * 0.� President ', ��O �N'd, Authorized Officer or Agent �o- Mark Bilbrey President - AMERICAN LAND TITLE ASSOCIATION Rande Yeager Secretary � City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 11, 2019 ITEM/TOPIC: A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) The Applicant has requested that this item be tabled to the meeting of November 25, 2019. ATTACHMENTS: File Name Description PEC19-0041 Public Works Variance Staff Memo 082619.0 PEC19-0041 -Staff Memo Vicinity Map.pdf Attachment A - Vicinity Map PEC19-0041 Public Works Retaininq Wall NARRATIVE.pdf Attachment B -Applicant Narrative PEC19-0041 Public Works Retaininq Wall PLANS.pdf Attachment C - Development Plans Public Works photos combined PEC19-0041.pdf Attachment D - Site Photos Geologic Hazards Report.pdf Attachment E - Geologic Hazards Report WA►1A119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 26, 2019 SUBJECT: A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The Town of Vail is requesting a variance for the construction of a retaining wall in excess of six (6) feet at the rear of the Public Works site located at 1289 Elkhorn Drive/Unplatted. The request is for a retaining wall of up to twenty-two (22) feet tall. The retaining wall will facilitate an expanded use area of approximately 36,500 square feet (0.84 acres) of additional flat development area to provide for future storage needs, and which will also provide for temporary storage of equipment and vehicles during construction of the Streets Department building. II. DESCRIPTION OF REQUEST The applicant is requesting the review and approval of a variance for: • Constructing a new retaining wall up to twenty-two (22) feet tall, which will facilitate expanded storage space for busses and special event equipment The proposed retaining wall is at the rear of the bus barn and Streets Department building. The retaining wall will allow the Public Works Department to use a space that is currently not accessible to vehicles due to a steep slope at the rear of the building. The retaining wall was anticipated in the recently approved Public Works Master Plan approved in April 2019. III. BACKGROUND In April 2019 the Town of Vail received approval for the Public Works Master Plan. The Master Plan provides a summary of the immediate needs and the long term use of the Public Works site within the Town of Vail. The Plan provides a roadmap to guide future development of the site, while helping the Town to understand the possible costs and impacts of future development, and allowing for flexibility in implementation of the Master Plan. The Master Plan identifies the need for additional outdoor storage for special events, bulk storage and an impound lot at the rear of the existing Streets Department building and Bus Barns. The timeframe for the Master Plan is 20 years. The proposed Streets Department building and retaining wall are the first projects that will help to implement the Plan. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) 12-1-2: PURPOSE.- A. URPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes:1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. (Ord. 8(19 73) § 1.100) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment", of this title. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.100) 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. (Ord. 29(2005) § 39: Ord. 8(19 73) § 19.500) 3 12-17-6: CRITERIA AND FINDINGS.- A. INDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. 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. 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 commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. 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 zone 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. easons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.600) 0 Title 14, Zoning Regulations, Vail Town Code (in part) Title 14 — Development Standards, Vail Town Code 14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. (Ord. 29(2005) § 78) 14-1-5: VARIANCES.- Variances ARIANCES: Variances to the development standards may be allowed when practical difficulties and unnecessary physical hardships inconsistent with the purpose and intent of the development standards exist. Variances from the development standards shall be in accordance with title 12, chapter 17 of this code. The issuance of a variance shall not compromise the safety of a site or structure. (Ord. 29(2005) § 78) 14-6-7: RETAINING WALLS.- A. ALLS: A. General: All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3), unless related to access to a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2) from adjacent private property boundaries and should be ten feet (10) from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4) in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3) in height, measured in the same manner, shall require a PE stamp. 5 V. VI. VII All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. B. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1: 1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot (1) behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet (4). All combination retaining walls shall have a PE stamp. (Ord. 14(2006) § 6: Ord. 29(2005) § 80: Ord., 9-21-1999) ZONING ANALYSIS /_1r 5rr: M IM:3%]aII7it•7Ti1Qa Legal Description: Unplatted Lot Area: 17.32 acres / (754,459 sq. ft.) Zoning: General Use (GU) Land Use Designation: Public / Semi -Public SURROUNDING LAND USES AND ZONING Land Use Zoning North: USFS None South: 1-70 None East: USFS None West: Open Space Agricultural and Open Space REVIEW CRITERIA — VARIANCE 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance will have no impacts on other existing or potential uses or structures in the vicinity. The requested retaining wall will be located at the rear of the Public Works site, behind the existing and proposed buildings. There are no M nearby residential or commercial uses, and the location of the wall cannot be seen from the interstate or from the S. Frontage Road. Staff finds that the proposed variance conforms to this criterion. 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 special privilege. The proposed retaining wall is necessary to attain the objectives of this title without a grant of special privilege. Specifically, one retaining wall of up to 22' tall is necessary to reduce the site disturbance in order to reduce the impact on bighorn sheep winter range. The objective and purpose of Title 12 includes "to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." By installing one retaining wall, the applicant is able to reduce the loss of sheep habitat and conserve and enhance the natural environment. Stepping the retaining wall would result in more site disturbance and greater loss of habitat. In addition, the retaining wall and additional storage created will help achieve the following specific purposes of Section 12-1-2, Purpose: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Staff finds that the proposed variance conforms to this criterion. 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. The proposed variance will not impact light and air, distribution of population, or public safety. The proposal will have a positive effect on public facilities and utilities, since the wall will facilitate future development, including future solar panels above the wall, and will improve the ability to provide storage at Public Works. The retaining walls will improve vehicular circulation, and will allow the Town of Vail to improve overall service to the community, including snow removal services. Staff finds that the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 7 VIII. ENVIRONMENTAL IMPACTS The administrator has waived the requirement for an environmental impact report (EIR) for this phase of the Public Works site; however, an EIR may be required for future phases of development. An Environmental Impact Report (EIR) is not required by the Vail Town Code until plans are submitted for design review. An EIR may be required in the future when the utility grade solar panels are installed above the retaining wall. The site is currently used for Public Works functions, and the retaining wall will help the Town staff operate more efficiently while minimizing the loss of bighorn sheep habitat. The proposed retaining wall design will result in the removal of 36,500 square feet of previously disturbed land which may be used by sheep for foraging. The proposed wall design results in about 19,000 square feet less disturbance than if the retaining wall were stepped back into the hillside. IX. STAFF RECOMMENDATION The Community Development Department finds that the application meets the required criteria in Section 12-17-6, Criteria; Findings, Vail Town Code, and we recommend the Town of Vail Planning and Environmental Commission approve this application. Motion - Should the Planning and Environmental Commission choose to approve this variance, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041)" Should the Planning and Environmental Commission choose to approve this variance the Community Development Department recommends the Commission make the following findings: Findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated August 26, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 0 1. The granting of this variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the General Use (GU) 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. This variance is warranted for the following reasons.- b. easons: b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the General Use (GU) District." X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Development Plans from Victor Mark Donaldson Architects, July 25, 2019 D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 9 C: L- 0 i W T 0) W N N E Q N n U >O U O O E Y (D Q M 'O L M 0 O O m N CD 0 cu � � U N d 00 ❑ ❑ O ATTACHMENT B - APPLICANT NARRATIVE PEC 19-0041 Vail Public Works Variance Application Section 14-6-7 Project Narrative Site Shoring Walls Planning & Environmental Commission: The following narrative describes the background, purpose and details for Variance Application Request for the Permanent Site Shoring Wall at the Public Works Facility. The Proposed wall in accordance with the approved Updated Master Plan for the Public Works is proposed to be a single wall ranging approximately 20'-0"- 22'-0" tall. Per Section 12-17-6 of the Town of Vail Municipal Code the following will be considered by the Planning and Zoning Commission: 1. 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 site in the vicinity, or to attain the objectives of this title without grant of a 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. 4. Such other factors and criteria the commission deems applicable to the proposed variance. The Commission will need to make the necessary findings in order to approve this Variance. 1. That granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. This is property is in the General Use Zone District and as such is intended to provide sites of public and quasi -public uses. Each specific project (or use) requires unique development standards necessary to achieve the purposes of 12-1-2 of the Zoning Code and provide for public welfare. "The General Use District is intended to ensure Public Buildings and grounds 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 light, air, open spaces, and other amenities appropriate to the permitted use type. " Due to the unique nature of the General Use Zone district, allowing a variance from section 14-6-7 for retaining walls would not constitute a special privilege inconsistent with other properties in this zone 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. The proposed wall is located behind the existing Public Works Facility building, which is behind a heavily landscaped berm, which is behind interstate 70. The isolated nature of the site from other properties and the screening of the existing building and berm of the wall makes the proposed wall not detrimental to the public, welfare, or materially injurious to properties in the vicinity. 3. The Variance is warranted for one of more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. As this property is within the General Use zone district and its purposes is to provide facilities that achieve the purpose in section 12-1-2 of the zoning code, this variance will allow the Public Works Facility to better function to continue to provide services to the Town of Vail. A strict interpretation would cause the proposed wall to be an additional 10'-0" higher, thereby no longer being screened by the existing buildings. A strict interpretation would cause the drainage issue for future structures that may be placed in front of this wall as part of the adopted Master Plan. A strict interpretation would cause an additional 20'-0 - 25'-0" of horizontal disturbance to the natural hillside. A single vertical wall limits the disturbance both horizontally and allows for soil nailing to construct the wall which is the least impactful wall to construct this retaining wall. A strict interpretation would cause greater impact on the Bighorn Sheep as it further moves the disturbance into and up the hillside which pushes future solar panels further up the hillside. Attached to the application is a diagram showing the effect of a strict interpretation on the site of stepping the proposed wall. This is illustrated on Sheets AS 1.3 and A3.3. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the some zone district. This isolated site is for the purposes of providing services to the Town. Due to the steepness of the hillside, a large portion of this site (more than 501) is not practically useable. This wall is intended to provide additional area for use on the site, while minimizing the impact on the natural areas to achieve this additional area. c. The strict or literal interpretation an enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. As this is the General Use District it is intended for sites with unique needs and functions and as such each General END NARRATIVE. 0 0000 o0 0 0 L991,9 00 'I I VA 3AINOA3MVA TVA 60£6 sAsoM oiiand z o�� s m IIVA IO NMOL U � v K Q rn i o o ri Q UC7 m W Z = Z X avme W Q W fn W 0 0000° ,Iliii�ll, L99W 00'-Iitln o 3Al NO A3ITIV -SIVA 60£6 w su mo o_�x smoM oiland o a~ Q woo m - avme s m -1Itln =10 NMO-L o III����III 0 0000 o0 0 0 t5s�eoo'-Iivn �� oo 3nINO A3lltln �IVn 60£ L smoM onand s m SIVA =10 NMOl � o � > 3 m 0 0000 o0 0 0 t5s�eoo'-Iivn 3nINOA3lltln �IVn 60£6 x o smoM onand s m SIVA =10 NMOI � o � > 3 m �- •- - � _ :mow I \ � �� `- •� \ �: . - . ' . Af � �: .����• ��� . ,. �. � -- . �. 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BOX 5300 AVON, COLORADO 81657 markd(a-),vmda.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY........................................................................................ 1 PROPOSED DEVELOPMENT............................................................................................... 1 SITECONDITIONS...................................................................................................................- 1 PROJECTAREA GEOLOGY.................................................................................................... 2 GEOLOGIC HAZARDS ASSESSMENT..................................................................................- 3 RECOGNITION..................................................................................................................... - 4 IDENTIFICATION................................................................................................................. - 4 EVALUATION........................................................................................................................ 4 RockfallSource Zone........................................................................................................... 5 RockfallPaths...................................................................................................................... 5 RockfallRunout Zone..........................................................................................................- 6 CRSPMODELING................................................................................................................ - 6 ModelInput Information...................................................................................................... 7 Model Output Information................................................................................................... 7 ROCKFALL RISK EVALUATION...................................................................................... - 8 ROCKFALL MITIGATION CONCEPTS.................................................................................- 8 RECOMMENDATIONS........................................................................................................... 10 LIMITATIONS.........................................................................................................................- 10 REFERENCES.......................................................................................................................... 11- FIGURE 1- FIGURE 1 — PROJECT SITE LOCATION FIGURE 2 — ROCKFALL MATERIALS AND ZONES FIGURE 3 — PROJECT AREA GEOLOGY FIGURE 4 — SITE PLAN Project No. 18-7-606 PURPOSE AND SCOPE OF STUDY This report presents the findings of a geologic hazards review of the proposed development of the Town of Vail Public Works Facility, 1309 Elkhorn Drive, Vail, Eagle County, Colorado. The purpose of our study was to assess the potential impacts of geologic hazards on the proposed development at the project site. The study was conducted in accordance with our proposal for geological engineering services to Victor Mark Donaldson Architects dated September 26, 2018. A field reconnaissance of the project site was made on October 3, 2018 to observe the geologic conditions and collect information on the potential geologic hazards present at the project site. In addition, we have reviewed relevant published geologic information and looked at aerial photographs of the project area. Colorado Rockfall Simulation Program (CRSP) analysis was performed to assess potential rockfall paths, velocities, energies, and bounce heights for mitigation design. This report summarizes the information developed by this study, describes our evaluations, and presents our findings. PROPOSED DEVELOPMENT The proposed development is in the preliminary design phase. Our understanding is that the existing Town of Vail Public Works facility will be remodeled and additions made to the north side of the building. It is proposed that the existing cut slope on the north side of the parking/drive area to the north of the existing building will be modified and the cut extended into the hillside to create additional space in the parking area. The existing snow dump area is proposed to be expanded to the west. SITE CONDITIONS The project site consists of developed and vacant land located at 1301 Elkhorn Drive, north of Interstate 70, at the southern base of the Vail valley side. The project site is made up of two parcels of land covering a combined area of 20.96 acres. The White River National Forest borders the site to the north. The site is just north of Interstate 70 as shown on Figure I and about I mile east-northeast of Vail Town Center. Elkhorn Drive ends within the property. Steep Project No. 18-7-606 -2 - slopes of the Vail valley side rise to the north. An old ditch/berm feature and un -maintained two -track road follows the north property line above the existing cut slope. The site lies mostly on gently sloping terrain down to the south at the transition to the higher elevation south -facing, steep valley side. The proposed development site lies at an elevation of between around 8,260 and 8,340 feet. The source zones of potential rockfall at the site lie at an elevation of between around 8,630 and 8,860 feet. The source zones of potential rockfall are within the White River National Forest boundary. The existing topography is depicted by the three-dimensional surface on Figure 2. The slope across the proposed development site is about 2 to 5 percent in the lower parking and existing building area and around 50 percent in the existing cut slope area. To the north of the project site, directly above the proposed development area, the south -facing valley side has a fairly uniform slope of about 65 percent. Vegetation on the south -facing valley side is native grass, cactus, and scrub oak. Vegetation in the debris fan area consists of native grass and weeds with scattered scrub oak, and scattered sage brush. The old ditch/berm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/z feet in diameter are present along the entire ditch/berm. PROJECT AREA GEOLOGY The main geologic features in the project area are shown on Figure 3. This map is based on regional mapping by Kellogg and Others (2003) published by the United States Geological Survey. The project site lies along the axis of the Laramide-age north -south trending Spraddle Creek Fold. Formation rock in the area consists of the Pennsylvanian -age Minturn Formation middle member (Pmm), the Robinson Limestone Member (Pmr), and the lower member (Pml). The lower member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish - gray to grayish -brown. The Robinson Limestone Member is a fossiliferous medium to thick bedded marine limestone interbedded with light tan arkosic pebbly sandstones, siltstones, and shales. The middle member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish -gray to grayish -brown. The bedding dip of the formation rock in the vicinity of the Project No. 18-7-606 -3 - project site is variable and ranges from around 20 to 25 degrees toward the east to 40 to 60 degrees toward the west (Kellogg and Others, 2003). Surficial deposits in the area include upper Pleistocene -age Pinedale glacial till (Qtp), middle Pleistocene -age Bull Lake glacial till (Qtb), and recent landslide deposits (Qlsy). The Pinedale glacial till consists of sub -angular to sub -rounded gneiss cobbles and boulders in a light tan sandy matrix that is unsorted and unstratified. The Bull Lake glacial till consists of material similar to that of the Pinedale till but also contains sandstone, conglomerate, or limestone cobbles and boulders derived from the Minturn Formation. The recent landslide deposits consist of debris deposited by recent landslides that is unstratified and unsorted. The landslide to the northeast of the project site is active and is a deep rotational slide with shallow soil slumping near the surface (Kellogg and Others, 2003). Kellogg and Others (2003) also state that rockfall is a geologic hazard in portions of the quadrangle, especially in areas below steep slopes and cliffs formed by the Robinson Limestone Member of the Minturn Formation. The recognized rockfall deposits described by Kellogg and Others (2003) can be observed on this site. The slopes above the property where these processes initiate have measured slope angles ranging from 60 to 100 percent. Heavy rains at this location can be accompanied by rockfall. Rockfall deposits were observed adjacent to and on the property. GEOLOGIC HAZARDS ASSESSMENT Geologic hazards potentially impacting the project site consist of rockfall, debris flow and potentially unstable slopes. Rockfall from the outcrops above the site on the valley side appears to be moderate to high risk. There is a small debris basin and associated channel upslope of the east part of the proposed development, north of the existing berm. The existing berm/channel outlets along the western edge of the existing Public Works office building. The potential for unstable slopes appears to be low to moderate and mainly at the existing cut slope to the north of the existing parking/roadway area. We should review the grading plans for the project once they Project No. 18-7-606 have been developed and perform additional stability and rockfall analyses as needed for the areas of proposed new development RECOGNITION There is evidence of a rockfall hazard at the property. This hazard involves loose rocks along the slope rising above the property to the north and fractured blocks of Minturn Formation exposed in cliff faces and ridges above the site. Evidence of the extent of the hazard within the property may have been obscured by the existing development. We reviewed historic aerial photographs of the property dating back to 1999, the oldest aerial photographs readily available for the site. Several rocks were found in the area along the existing berm and un -maintained two -track road to the north of the existing cut slope. These rocks ranged in size from around 1 to 4 feet in all dimensions and mainly consisted of angular limestones and sandstones of the Minturn Formation. IDENTIFICATION The majority of the rockfall evident adjacent to the property comes from rolling and bounding loose rock. The initiation force may be a combination of loss of support for the loose rock due to precipitation events, freeze thaw cycles, chemical weathering (disintegration of the rock mass), and plant and animal influences. Wind also may be a contributing factor. Other rockfall may result from planer or toppling failures within the large rock masses with open fractures. Based upon the apparent erosion of soil supporting loose rock during heavy rainfall, destabilization of the loose rock could occur during times of high precipitation. EVALUATION Evaluation of the project site for rockfall included field observations, terrain analysis, aerial photograph interpretation, and rockfall simulation modeling using the Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37). The evaluation focused on three zones defined within the area. These included: 1. Rockfall Source Zone 2. Rockfall Paths 3. Rockfall Runout Zone Project No. 18-7-606 -5- A map showing potential rockfall hazard areas is presented in Figure 2. The potential hazard consists of a rockfall source zone, a rockfall runout zone, and an area of potential rockfall paths between the source zone and the runout zone. The project site is located in the potential runout zone as shown on Figure 1. Rockfall Source Zone The majority of rocks presently posing a hazard to the proposed development are located at the rock outcrop located approximately 560 feet up the slope and along the ridge to the northwest of the proposed development area about 400 to 1000 feet up the slope. The source zones are primarily intact sandstone, conglomerate, and limestone that exhibit varying degrees of weathering and fractures. There are loose rocks littering the slope below the outcrops that have rolled to their present location. In our opinion, most of these lower, loose rocks do not pose a significant rockfall hazard. This is due to their lower location on the slope. It is unlikely that these lower, loose rocks will develop significant kinetic energy should they roll down the slope. The exception to this is the loose rocks in the vicinity of the outcrops that can be dislodged and are higher up on the slope. There is one very large boulder above the middle of the proposed development at around elevation 8,436 feet that appears currently stable. Rockfall Paths The mechanism of rockfall at this location involves rolling, toppling, and/or sliding of loose rock from the source zone. Once moving, the rock rolls and bounces through the rockfall path zone until it stops in the rockfall runout zone. The rockfall path zone above the proposed development area extends from the base of the slope to the ridge and outcrop above. Rocks roll, topple, and/or slide varying distances from the source zone. Some rocks are stopped in the source zone after initial movement. Other rocks stop varying distances down the slope. The rocks that stop movement in the source zone and on the slope lose speed and kinetic energy through contact with the ground surface, other rocks, vegetation, or a combination of these. It is likely that some rocks have rolled and bounced through the rockfall path zone, impacting the flatter ground at the base of the slope. We are unaware of direct evidence that rocks have Project No. 18-7-606 impacted the existing facility, however, the grading north of the west end of the facility has cut into the deposit formed in part by falling rock. Rockfall Runout Zone The rockfall runout zone evaluated for this study is defined as the area of ground at the ditch/berm and two -track road and south into the area of the proposed development. This area has been impacted by falling rock in the past as can be observed by the boulders adjacent to the ditch/berm. In our opinion, the existing ditch/berm feature should not be considered effective rockfall mitigation for the proposed development. Rockfalls will decelerate, lose kinetic energy, and eventually stop in this zone. Velocities of potential rockfalls are decreasing significantly at this location. This has significant advantages when considering mitigation options. These options are discussed in following sections. CRSP MODELING The Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37) was used to assist in our assessment of the potential rockfall risk to the proposed project and to develop rockfall dynamic information that may be used to assess the feasibility of rockfall mitigation. Crsp3D is a computer program that simulates rockfall tumbling down a slope and predicts the probability distribution of rockfall runout, velocity, bounce height, and kinetic energy. The program takes into account slope profile, rebound and frictional characteristics of the slope, and rotational energy of the rocks. The program was not designed to identify rockfall hazard but to determine mitigation techniques where the hazard has been identified. The program is a tool commonly used in analysis and mitigation of rockfall hazards. We have simulated rockfall at the project site using Crsp3D. Our calibration of the model to site conditions began with observations of rockfall conditions at the site as described in previous sections of this report. We created a model that reflects the types of rocks found adjacent to the property that we believe resulted from rockfall events. The model was further refined by measurements of the slope and of loose rocks found within the rockfall source zones, rockfall path zones, and rockfall runout zones. Our model was back -calculated from the conditions at the Project No. 18-7-606 7 - site. The conditions at the property provide reasonable criteria for generating rockfall models that we believe represent the actual rockfall conditions. The purpose of modeling the rockfall events at the site is to evaluate engineering properties of the rockfall events that can be used in developing alternatives for mitigation of the potential rockfall hazard. These properties include velocity, bounce height, and kinetic energy of the rocks. Feasibility of rockfall mitigation concepts can be evaluated from these properties. Model Input Information A surface derived from a 2018 LiDAR survey of the area was used to input terrain information into Crsp3D. Model output probability distributions were calculated based on 99 independent rockfall trials of sphere -shaped rocks, randomly varied between a 3.10 and 8.00 -foot diameter. These blocks are similar to rocks ranging from a 2,500 -pound rock that is approximately a cube with a side length of 2.5 feet and a 44,000 -pound rock that is approximately a cube with a side length of 6.44 feet. The rock block sizes are based on observations of rocks found in the runout zone at the project site and the approximate spacing of fractures in the source zone. Model Output Information The results are presented in Table 1. We analyzed the results of our rockfall model at one point, the crest of the ditch/berm and along the lower edge of the two -track trail above the proposed development area, see Figure 4. We also calculated the rockfall dynamic probability distribution at this location. The engineering results of the modeling are given in the following table for a 2% exceedance probability. The bounce height is to the centroid of the rock block. The rockfall dynamic probability distribution may be used to assess the feasibility of rockfall mitigation. Table 1 Engineering Results from CRSP Point Evaluated Velocity ft/s (m/s) Bounce Hight ft (m) Kinetic Energy ft -lb (U) Point 1 22(6.7) 2.5 (0.8) 350,000 (470) Project No. 18-7-606 ROCKFALL RISK EVALUATION Rockfall is an active geologic process in the lower part of the Vail valley side to the north of the project site. Without long term observations, it is not possible to develop recurrence probabilities for rockfalls from the source zones at the project site with high levels of confidence but seems reasonable to infer that rockfalls from these source zones are infrequent. The Crsp3D modeling shows that if a rockfall were to occur during a reasonable exposure time for the proposed development, it is possible that the rockfall would reach the proposed development areas shown on Figures 2, 3, and 4. Based on our current understanding of the rockfall potential, we characterize the risk that a rockfall will reach the proposed building areas to be moderate to high. If a rockfall were to hit the proposed buildings, the consequence would likely be severe and could cause major structural damage and harm the building occupants, and the feasibility of rockfall mitigation should be evaluated. ROCKFALL NHTIGATION CONCEPTS There are three approaches to rockfall mitigation that are typically used within the area. 1. Meshing, bolting, and/or shotcreting of the entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. Installation of a rockfall barrier/catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. The rockfall source areas are beyond the property boundary to the north. We do not know if the White River National Forest would allow mitigation of the loose rocks within the property. Stabilization methods for the entire outcrop could include anchored mesh and/or shotcrete stabilization. Stabilization methods for individual rock blocks in the source zone could include cable lashing, bolting, and scaling. Stabilizing the entire rock outcrop in the source zone would likely be the most intrusive and expensive option. The shotcrete and/or mesh would be highly visible from below, and would Project No. 18-7-606 require a large amount of stabilization material. Due to the large area of outcropping rock in the source zone, this option does not appear to be feasible. Stabilization of individual rock blocks is more cost effective than stabilizing the entire rock outcrop. This option mitigates the release of large rocks from the source zone but does not mitigate the release of smaller rocks due to severe weather, animal traffic, or rodent undermining. Due to ongoing natural erosion and animal traffic, this mitigation would need to be evaluated annually to adapt to the natural changing conditions. Individual stabilization typically costs between 5% and 50% of the cost of stabilizing the entire rock outcrop based on the amount of individual rocks needing to be stabilized. Based on our field observations it is estimated that the cost of initial individual rock block stabilization at this site will be between around $400,000 to $800,000. Rock scaling at this site does not seem feasible due to the existing development (including Interstate 70) downslope from the source zone In our opinion, a practical protection method would be an MSE wall or a flexible rockfall barrier and catchment area extending above the proposed development, in the area of the existing ditch/berm and two -track road, just to the north of the proposed cut -slope. This protection method would be around 1,000 to 1,500 linear feet. MSE walls typically cost between $35 and $40 per square foot of wall (length x height), or between around $210,000 and $360,000 for this site. A soil berm could be constructed with imported and/or on-site excavated material with a near vertical up slope face such as stacked boulders. The cost of the soil berm would depend on excavation costs and the availability of on-site material. A flexible rockfall barrier can be located approximately at the northern property boundary which should not impact the property to the north. The installation cost of a flexible barrier is typically around $110 per linear foot or between around $110,000 and $165,000 plus material and grading costs for this site. The flexible fence option will provide better protection from large and small rocks for the proposed buildings than stabilization of individual rock blocks, and will likely remain relatively maintenance free for several years after installation. The flexible barrier will likely be visible from the proposed development, but much less from the surrounding Project No. 18-7-606 -10 - community. A range of colors of flexible barrier are available to help minimize the visual impact of the fence. RECOMMENDATIONS Based on the CRSP analysis and our observations at the site, rockfall mitigation is recommended. In our opinion, a flexible rockfall barrier (Option 1) or MSE wall/soil berm (Option 2) with a catchment area uphill of it located in the area of the existing ditch/berm and two -track trail will be an effective mitigation. A flexible rockfall barrier will have the lower amount of visual impact and will require a limited amount of space to construct. The modeled energies and bounce heights for a 2% exceedance probability from the source zone are around 350,000 foot-pounds (470 U) and 2.5 feet (0.76 m), respectively. The modeled energies and bounce heights associated with rockfalls from these zones are presented above in Table 1. Based on these modeled energies and bounce heights, the barrier would need to be around 7 feet (2.1 lm) tall with a strength of 420,000 ft -lb (570 kilojoules). We recommend that a 3 meter (9.9 foot) tall Geobrugg GBE-1000A-R system (or equivalent) or suitable MSE wall or soil berm with catchment area designed by a qualified civil engineer be installed along the existing two - track road, for mitigation of the potential rockfall at the site. A soil berm with catchment area may also reduce the risk of damage due to debris flow at the subject site. If a flexible barrier option is chosen, the existing berm should be extended by approximately 200 feet to the west to intercept possible debris flow paths and the outlet improved so as to not direct flow toward the existing public works office building or existing employee housing building. This berm should be designed by a qualified Civil Engineer to account for design debris flow volumes and velocities. LIMITATIONS This study was conducted according to generally accepted geotechnical and engineering geology principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, published regional geology information, the currently proposed development plan, and our experience in the area. Our analysis was Project No. 18-7-606 -11 - conducted 11 - conducted to model a reasonably accurate indication of rockfall behavior at this location. The results are thought to be representative of conditions observed at the property and the slope and ridge above. Variations in the model resulting from additional observations and information should be expected. This report has been prepared exclusively for our client and is an evaluation of the geologic hazards and their potential influence on the proposed development. We are not responsible for technical interpretations by others of our information. 152315"MMN Robert L. Duran, E.I. Reviewed by: Steven L. Pawlak,' RLD/ksw cc: Town of V, Town of Vail — Greg Hall (ghall@vailgoy.com) Martin -Martin — Mark Luna (MLuna@martinmartin-mtn.com) Victor Mark Donaldson Architects — Chris Juergens (chrisj @ vmda.com) REFERENCES Andrew, R., and Others, 2012, CRSP-3D User's Manual - Colorado Rock/all Simulation Program, Version 2012.12.12.23.37 (manual and software): Federal Highways Administration Report No. FHWA-CFL/TD-12-007. Jones, C., Higgins, J., and Andrew R., 2000, Colorado Rock -Fall Simulation Program, Version 4.0 (manual and software): Colorado Geological Survey MI 66. Kellogg, K.S., Bryant, Bruce, and Redsteer, M.H., 2003, Geologic Map of the Vail East Quadrangle, Eagle County, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF -2375 Project No. 18-7-606 'k ' ! A 4 r ' 49 do' k f {`• rte: _ . �' 7 t+ 4 1 ' * t S y' f4 1 40 b - •-� _ * r 100 0 100 200 300 400 ft 18-7-606 Kumar & Associates Project Site Location Figure 1 I+ Source (Upper) ❑ ❑ ❑ Paths (Lower) ❑ ■ Runout 18-7-606 H-P - U MAR ROCKFALL MATERIALS AND ZONES Figure 2 i' Ilk TTI [T] 1 _ 45 A-mil. 20 26 25 Is I� ' • ' 5ti ` . — t#rte it .• +.± - Qtp PROJECT y • SITE E . -M s Awt'I. f'•lih 1'. l -_ .fJ � �' ,y r • �I� &y.d.I • i y '. Y le a 4 r • y 1p �' �. id'Vii. ,• (OttP li t [moi APPROXIMATELY; MILE Oa - Alluvium Qc - Colluvium Of - Fan Deposits Qtp - Pinedale Till Qtb - Bull Lake Till Qlsy - Recent Landslide Deposits Qls - Landslide Deposits Pml - Lower Member Minturn Formation Pmr - Robinson Limestone Member Minturn Formation Pmm - Middle Member Minturn Formation 1 18-7-606 1 H -P - U MAR I PROJECT AREA GEOLOGY I Figure 3 kv • FIry JL 4 LT LL rk w 0 CDn o� CD ro •�� I ti *. •baa'#+w City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 11, 2019 ITEM/TOPIC: A request for review of a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0039) The Applicant has requested that this item be tabled to the meeting of November 25, 2019. ATTACHMENTS: File Name PEC19-0039 Public Works CUP Staff Memo 082619. Vicinity Map.pdf Public Works CUP Applicant Narrative.pdf Public Works CUP Plans PEC19-0039.pdf Public Works CUP Photos.pdf Geologic Hazards PW VAIL.pdf Public Works Master Plan PEC Submittal 1 of 2.pdf Public Works Master Plan PEC Submittal 2 of 2.pdf Description PEC19-0039 - Staff Memo Attachment A - Vicinity Map Attachment B - Applicant Narrative Attachment C - Development Plans Attachment D - Site Photos Attachment E - Geologic Hazards Report Attachment F - 2019 Public Works Master Plan(1 of 2) Attachment F - 2019 Public Works Master Plan (2 of 2) I(IJI ► 19119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 26, 2019 SUBJECT: A request for review of a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19- 0039) Applicant: Town of Vail, represented by Greg Hall Planner: Chris Neubecker SUMMARY The Town of Vail submitted an application for a Conditional Use Permit to allow for demolition of a portion of an existing building, constructing a new building for the Town of Vail Streets Department, and constructing a new retaining wall at the Town of Vail Public Works facility, located at 1289 Elkhorn Drive/Unplatted. The expanded use includes approximately 23,175 square feet of additional buildings, plus 36,500 square feet of expanded outdoor storage space for a vehicle impound lot and special event equipment. The Conditional Use Permit is required by the Vail Town Code for public buildings and grounds within the General Use (GU) zone district. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this application, subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The proposed improvements are identified in Phase 1 of the 2019 Public Works Master Plan. The applicant is requesting the review and approval of an amendment to the existing Conditional Use Permit for the following: • Constructing a new building for the Town of Vail Streets Department • Constructing a new retaining wall • Relocating the existing greenhouse building • Expanded storage space for a vehicle impound lot and special event equipment III. BACKGROUND The subject property is unplatted. The property was annexed into the Town of Vail in 1977 via Ordinance 25, Series of 1977. In 1994 the Town of Vail obtained a Conditional Use Permit for the expansion of the Administration Building. In April 2019 the Town of Vail received approval for the Public Works Master Plan. The Plan provides a summary of the immediate needs and the long term use of the Public Works site within the Town of Vail. The Plan provides a roadmap to guide future development of the site, while helping the Town understand the possible costs and impacts of future development. The Plan identifies a need for a new Streets Department building, as well as the need for additional outdoor storage for special events. The timeframe for the Master Plan is 20 years. The proposed Streets Department building and retaining wall are the first projects that will help to implement the Plan. IV. APPLICABLE PLANNING DOCUMENTS VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.- The OLICIES: The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows.- 1. ollows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 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. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6. Community Services 6.1. Services should keep pace with increased growth. 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. 2019 PUBLIC WORKS MASTER PLAN Public Works 20 Year Master Plan Update Summary This document is intended to provide a summary of the immediate needs and the long-term use of the Public Works site in the Town of Vail. The intention of this document is to provide a roadmap forward which guides the development of this 3 site while remaining aware of anticipated costs and allowing for flexibility in the future. Employee Housing, Public Works Administration, Transit, Fleet Maintenance, Streets & Parks, and Facilities Maintenance are the Subjects of this Public Works 20 Year Master Plan Update along with Solar Energy Systems, Snow Dump/Storage, and Site Parking. Included are the strategic findings from the Staff Interviews conducted in search of additional building areas, site functions, additional housing, and overall Public Works operational needs along with additional site parking in support of Staff and Facilities growth over the next 20 years. It is generally understood that the growth throughout the next 20 years is driven by additional Public Buildings and Facilities to maintain along with other elevated Town Service levels. Rockfall & Debris Flow Mitigation notes The site is in a moderate to high rockfall hazard area. Site Specific Rockfall Mitigation should be done for new buildings particularly on the West end of the property. HP Kumar provided a preliminary assessment of the Rock Fall and Debris Flow Hazards to the site. Suggested mitigation includes.- 1. ncludes:1. Meshing, bolting, and or shotcreting of entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. 3. Installation of rockfall barrier and catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. Recommended mitigation.- Option itigation:Option 3 with a combination of the MSE wall, soil berm, and fencing. Master Plan Update Priorities: The following are the Master Plan Update priorities. 1. Streets and Parks Building expansion 2. Housing opportunities which may be available at this site 3. Solar opportunities to help offset Town of Vail energy consumption 4. Frontage road turn -lane and improvements to support future expansion 5. Snow Dump/Storage expansion 6. Site utility upgrades 0 This document includes 1. Existing site conditions, including hazards and site limitations 2. Summary of user group needs 3. Options for consideration to address user group needs and opportunities 4. Suggested path forward Seasonal Habitat — Bighorn Sheep The Wildlife Habitat should be protected and should be enhanced where possible. In order to protect the Sheep Habitat, the following Guidelines should be followed.- 1. ollowed: 1. No outdoor recreation should be allowed behind the buildings on site and the trail behind the Public Works site should be closed in winter. 2. Dogs should not be allowed on site. 3. Site specific Wildlife studies should be conducted for the implementation of Utility Grade Solar. Generally, priority for utility grade solar should be in the smooth brome stand area that has already been disturbed. 4. Site specific Wildlife studies should be conducted for Housing projects proposed on the existing administration and Buzzard Park sites. Housing generally does not create much of an impact. The housing that backs up the hillside should be kept below the rock areas on the hill. 5. Site specific Wildlife studies should include specific criteria to mitigate the impacts on Wildlife. 6. The Town should commit to further Wildlife Habitat Enhancement where appropriate. 5.1 Project Phasing of Recommended Option C Phase 1: 2-4 years • Demolition of existing streets building. • Relocate the existing greenhouse. • Construct new approximate 24, 000 sq. ft. stand along Streets Building. • Expand Shipping and receiving. • Construct new Solar panels on the roof of new streets building. • Regrade and construct new first phase of permanent North Shoring wall behind new streets building. • Construct 12-24 scalable housing along the 1-70 berm. • Electric Utility upgrades for electric bus charging. Phase 2: 3-5 years • Construct the balance of the permanent North Shoring wall. • Construct cold storage area behind the now new Streets Building with 5 parking on the roof. • Construct Ramp to access the new parking. • Expand snow storage area. • Construct first set of Utility Grade Solar. Phase 3: 5-7 years • Construct new Facilities Maintenance Building along North Shoring wall • Construct new Administration as Bridge and Meeting Room between the two buildings. • Provide new rooftop Solar on Administration Bridge and Maintenance Building. • Construct second set of Utility Grade Solar. • Option for temporary housing or other temporary use in Administration Building until it is torn down for new Housing. Phase 4: 5-7 years • Upgrade Fleet Maintenance • Upgrade Transportation • Replace Roof on Fleet and Bus Barn to accept Solar Panel. • Construct Access improvement to site for additional housing Phase 5: 10+ years • Demolish existing Administration Building. • Construct 40 new housing units in Administration Building Location with underground parking. Phase 6: 10+ years • Demolish existing Buzzard Park. • Construct 80 new housing units and community building at Buzzard Park Site. Title 12, Zoning Regulations, Vail Town Code (in part) 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-3: CONDITIONAL USES: (in part) A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Public itle: Public buildings and grounds. Public utility and public service uses. 12-9C-4: ACCESSORY USES: (in part) The following accessory uses shall be permitted in the GU district.- Other istrict: Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission.- 1. ommission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit 7 application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. (Ord. 29(2005) § 28: Ord. 21(1994) § 10) CHAPTER 16 — CONDITIONAL USE PERMITS 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(19 73) § 18.100) 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds, and prescription of development schedules. 0 B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title. (Ord. 29(2005) § 38: Ord. 16(1978) § 4(b): Ord. 8(1973) § 18.500) 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use.- 1. se: 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. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit.- That ermit: That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone 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 will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 9 V. VI 3. That the proposed use will comply with each of the applicable provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. (Ord. 12(2008) § 26) 12-16-9: CONFLICTING PROVISIONS: In addition to the conditions which may be prescribed pursuant to this chapter, a conditional use shall also be subject to all other procedures, permits, and requirements of this chapter and other applicable ordinances and regulations of the town. In the event of any conflict between the provisions of a conditional use permit and any other permit or requirement, the more restrictive provision shall prevail. (Ord. 10(1998) § 10: Ord. 8(1973) § 18.900) ZONING ANALYSIS Address: 1289 Elkhorn Dr. Legal Description: Unplatted Lot Area: 17.32 acres / (754,459 sq. ft.) Zoning: General Use (GU) Land Use Designation: Public / Semi -Public SURROUNDING LAND USES AND ZONING Zoning None None None Agricultural and Open Space 10 Land Use North: USFS South: 1-70 East: USFS West: Open Space Zoning None None None Agricultural and Open Space 10 VII. REVIEW CRITERIA— CONDITIONAL USE According to Section 12-61-3, Conditional Uses, Vail Town Code, the following criteria shall be evaluated by the Planning and Environmental Commission for the construction of dwelling units within the Housing (H) zone district: 12-16-6: CRITERIA, FINDINGS Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The proposed uses are consistent with the development objectives of the Town of Vail. Specifically, the proposed expansion of the Streets Department building is recommended in Phase 1 of the 2019 Public Works Master Plan. The Master Plan identified that more development area was needed at the Public Works site to meet the future needs of the community and to provide critical municipal services. The proposed retaining wall will create a flat storage area at the rear of the site, out of view from the general public and the interstate, which will provide for needed outdoor storage and circulation space. Staff finds that the proposal meets to this criterion. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed conditional use will have minimal effects on light and air, and other public facilities needs. There will be positive impacts from the proposed development on transportation facilities, including positive impacts on local roads, by providing the Town with the needed facilities to improve and expand public works services. The proposed uses are not expected to have any significant impacts on distribution of population, utilities, schools, or parks and recreation facilities. Staff finds that the proposal meets to this criterion. 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 street and parking areas. There will be no significant impacts from the proposed buildings or retaining walls on traffic facilities, congestion, automotive and pedestrian safety and convenience. There will be improved traffic flow and control, access, maneuverability within the site from the proposed changes, which include areas for improved internal vehicle circulation. 11 The expansion of the Streets Department building will result in improved services, including removal of snow from public streets. Staff finds that the proposal meets to this criterion. 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. The existing character of the Public Works facility will not change with the proposed buildings, walls or uses. The existing buildings are simple, utilitarian buildings used for storage of heavy equipment. The site is not highly visible from nearby properties, and is screened with a berm and heavy landscaping. The proposed Streets Department building is larger than the existing building, but will be similar in character. Staff finds that the proposal meets to this criterion. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. The administrator has waived the requirement for an environmental impact report (EIR) for this phase of the Public Works site; however, an EIR may be required for future phases of development. VIII. ENVIRONMENTAL IMPACTS The proposed development of the Streets Department building is in an already disturbed area, and will not have impacts on hydrology, atmospheric conditions, geology, vegetation, odor, scenic values, and transportation or population characteristics. The proposed retaining wall will cut into the hillside, and will remove approximately 36,500 square feet (0.84 acres) of previously disturbed land, which could be used as foraging for sheep. However, this area is at the toe of the slope, adjacent to the Public Works activities with vehicle circulation that occurs around the clock. IX. STAFF RECOMMENDATION The Community Development Department finds that the application meets the required criteria in Section 12-16-6, Criteria; Findings, Vail Town Code. We recommend the Town of Vail Planning and Environmental Commission approve this application, with conditions. 12 Should the Planning and Environmental Commission choose to approve this application the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for an amendment to a Conditional Use Permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19- 0039) with the following findings and conditions.- Findings: onditions: Findings: 1. That the proposed location of the use is in accordance with the purposes of Title 12, Vail Town Code, and the purposes of the zone 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 will 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 this title. Conditions: 1 Approval of this Conditional Use Permit is contingent upon the applicant obtaining approval of an associated Design Review Board application for the design of the building and retaining wall. 2 Applicant shall at all times abide by the Conditional Use Permit regulations in Title 12, Chapter 16, of the Vail Town Code. 3 Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Chapter 16, Vail Town Code." X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Development Plans from Victor Mark Donaldson Architects, July 25, 2019 D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 F. 2019 Public Works Master Plan 13 C: L- 0 i W T 0) W N N E Q N n U >O U O O E Y (D Q M 'O L M 0 O O m N CD 0 cu � � U N d 00 ❑ ❑ O ATTACHMENT B - APPLICANT NARRATIVE PEC 19-0039 Vail Public Works Conditional Use Permit Project Narrative for Public Works Streets Expansion and Site Shoring Walls Planning & Environmental Commission: The following narrative describes the background, purpose and details for this Conditional Use Permit Submittal proposed for Phase 1 of Town Public Works site. The Scope of Work for Phase 1 addressed in this Application includes building new permanent Site Shoring Walls along the north, back side of the existing Bus Barn/Fleet Maintenance building, demolition of about 8,300 SF of Shop Bays and a new Streets Building of about 24,000 SF plus about 7,000 SF of Mezzanine areas. The large existing Greenhouse is to be relocated onto a new structural slab to the West of the new streets Building (it will be raised approximately 4'-0") and the Cinders Storage is likewise being relocated to the east at a future date. A minor remodel to Shipping and Receiving is a zero increase in floor area. The Uses on this site are being expanded and or being modified by this application. 1. Nature of Proposed Use and Compatibility: The work noted above in this Application for the demolition, new and remodel construction and relocation of the buildings are instrumental to the improved operations for Public Works and Transportation due to separation of existing comingled operations, improved flow, circulation and protection of valuable equipment assets stored from winter conditions. It was determined via numerous Town Staff Interviews and in the publishing and approval of the 2019 Public Works Master Plan Update that more development area will be needed on this Town owned Public Works site to meet future needs and to provide critical municipal services. These needs are in conjunction with the planned vertical expansions noted in the Master Plan and are critical for the driving lanes, truck and vehicle turning radii, access to future cold storage areas and other outdoor and enclosed Uses for Public Works, Fire, Police, Recreation, IT, Special Events, etc. The proposed Site Shoring Walls were designed to provide the development areas for the future needs of operations, parking and development within this important Town owned site over the next 20 years. The Site Shoring Walls gain about 36,500 SF (0.84 AC) of additional development area to provide for the future needs as noted above. Regarding the measures we propose to make the Uses and density compatible with other properties in the vicinity, we identify this Public Works site as General Use zoning with negligible visibility and screening with significantly more carrying capacity for development. There is no other property in the vicinity that shares these attributes. As such, we believe our negligible visibility and strong screening can continue to provide a functional and fully operational development over time within the General Use Zone District, without significant impacts to surrounding properties. 2. Relation and impact of the proposed Use on Vail Development Obiectives: This proposal allows development on the subject site to reduce the burden of other Town properties, facilities and operations to enhance the Town's ability to provide the wide range of Town of Vail services expected and needed for such a world class resort community. 3. The effects of the Use (light, air, population, transportation, utilities, schools, parks, recreation and other public facilities and needs): The proposed development may include additional site lighting in and around the expanded areas and such lighting will conform to all Dark Sky requirements as set forth in the Town of Vail. This Phase 1 proposal includes no change in the population living on site. Transportation will be enhanced from the perspective of improved Bus Maintenance, busses emerging into the e -bus and other forms of operational and site maneuvering efficiencies for these important operations within the Town. Additionally, the historical need for Streets to store equipment and vehicles in other department's spaces during winter months to protect the assets will be alleviated with the new and separate functions for Streets. The Utility upgrades needed for this proposal are within the capacity of local utility companies with conventional energy distribution, though significant solar applications will follow this Phase 1. Schools are will only be impacted positively from increased transportation and town wide enhanced services echoing from opening up other properties in town being eventually relocated to the subject site. Parks, recreation and public facilities will also benefit affirmatively due to relocation of other town Uses to the subject site. Big Horn Sheep Habitat: The subject site is within Critical Winter Bighorn Sheep Habitat. The proposed development will remove 36,500 SF of non-native grasses by the construction of the site shoring wall system. These grasses occur at the bottom of the slope adjacent activities at the Public Works activities which currently occurs almost around the clock schedule. The site shoring walls will act as a buffer between the habitat above and the shop area ground plan. The Town of Vail is working in conjunction with a panel of biologists and the CPE on a comprehensive sheep habitat mitigation plan for the majority of the winter range near the Town of Vail boundaries which will greatly offset the minor losses next to the public works facility. Rock Fall Hazard: The current development places non -habitable space within the rock fall hazard. The site walls will act as a drop area which will take some of the momentum out of rocks rolling down the slopes from the north. Debris Flow Hazard: The proposal allows for the previously mitigated debris flows to flow into open storage areas and be contained in a large wide drainage pattern around the town shop buildings as the mitigation currently operates. No habitable space is within this flow area. 4. The effects of the Use (traffic/congestion, auto and pedestrian safety and convenience, traffic flow and control, access, maneuverability and snow removal): Traffic/congestion and auto safety have been evaluated by a Traffic Engineer who together with CDOT agrees that the existing access to the site can be managed due to the minimal impacts of the facilities described above. The new Streets building will house the same operations and personnel in a more efficient manner also allowing other onsite departments to function better with Streets no longer poaching on their own work bays, personnel and operations. Pedestrian safety and convenience continue to be managed with on-site bus services and proximate pickups and drop-offs for employees living off-site. On-site traffic flow and control, access, maneuverability and snow removal are the expertise of this highly competent Public Works and Transportation Staff and as such are increasing the quality and efficiencies of these operations. 5. The effect upon the character of the area (scale and bulk relative to surrounding Uses): Due to the isolated nature of the subject property along with the wide 1-70 R.O.W. corridor separation and the mature trees and berm, the site is subject to negligible visual or other impacts. This Phase 1 proposal includes buildings that are very near the same height as existing buildings and the permanent Site Shoring Walls are no taller that these buildings themselves. 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BOX 5300 AVON, COLORADO 81657 markd(a-),vmda.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY........................................................................................ 1 PROPOSED DEVELOPMENT............................................................................................... 1 SITECONDITIONS...................................................................................................................- 1 PROJECTAREA GEOLOGY.................................................................................................... 2 GEOLOGIC HAZARDS ASSESSMENT..................................................................................- 3 RECOGNITION..................................................................................................................... - 4 IDENTIFICATION................................................................................................................. - 4 EVALUATION........................................................................................................................ 4 RockfallSource Zone........................................................................................................... 5 RockfallPaths...................................................................................................................... 5 RockfallRunout Zone..........................................................................................................- 6 CRSPMODELING................................................................................................................ - 6 ModelInput Information...................................................................................................... 7 Model Output Information................................................................................................... 7 ROCKFALL RISK EVALUATION...................................................................................... - 8 ROCKFALL MITIGATION CONCEPTS.................................................................................- 8 RECOMMENDATIONS........................................................................................................... 10 LIMITATIONS.........................................................................................................................- 10 REFERENCES.......................................................................................................................... 11- FIGURE 1- FIGURE 1 — PROJECT SITE LOCATION FIGURE 2 — ROCKFALL MATERIALS AND ZONES FIGURE 3 — PROJECT AREA GEOLOGY FIGURE 4 — SITE PLAN Project No. 18-7-606 PURPOSE AND SCOPE OF STUDY This report presents the findings of a geologic hazards review of the proposed development of the Town of Vail Public Works Facility, 1309 Elkhorn Drive, Vail, Eagle County, Colorado. The purpose of our study was to assess the potential impacts of geologic hazards on the proposed development at the project site. The study was conducted in accordance with our proposal for geological engineering services to Victor Mark Donaldson Architects dated September 26, 2018. A field reconnaissance of the project site was made on October 3, 2018 to observe the geologic conditions and collect information on the potential geologic hazards present at the project site. In addition, we have reviewed relevant published geologic information and looked at aerial photographs of the project area. Colorado Rockfall Simulation Program (CRSP) analysis was performed to assess potential rockfall paths, velocities, energies, and bounce heights for mitigation design. This report summarizes the information developed by this study, describes our evaluations, and presents our findings. PROPOSED DEVELOPMENT The proposed development is in the preliminary design phase. Our understanding is that the existing Town of Vail Public Works facility will be remodeled and additions made to the north side of the building. It is proposed that the existing cut slope on the north side of the parking/drive area to the north of the existing building will be modified and the cut extended into the hillside to create additional space in the parking area. The existing snow dump area is proposed to be expanded to the west. SITE CONDITIONS The project site consists of developed and vacant land located at 1301 Elkhorn Drive, north of Interstate 70, at the southern base of the Vail valley side. The project site is made up of two parcels of land covering a combined area of 20.96 acres. The White River National Forest borders the site to the north. The site is just north of Interstate 70 as shown on Figure I and about I mile east-northeast of Vail Town Center. Elkhorn Drive ends within the property. Steep Project No. 18-7-606 -2 - slopes of the Vail valley side rise to the north. An old ditch/berm feature and un -maintained two -track road follows the north property line above the existing cut slope. The site lies mostly on gently sloping terrain down to the south at the transition to the higher elevation south -facing, steep valley side. The proposed development site lies at an elevation of between around 8,260 and 8,340 feet. The source zones of potential rockfall at the site lie at an elevation of between around 8,630 and 8,860 feet. The source zones of potential rockfall are within the White River National Forest boundary. The existing topography is depicted by the three-dimensional surface on Figure 2. The slope across the proposed development site is about 2 to 5 percent in the lower parking and existing building area and around 50 percent in the existing cut slope area. To the north of the project site, directly above the proposed development area, the south -facing valley side has a fairly uniform slope of about 65 percent. Vegetation on the south -facing valley side is native grass, cactus, and scrub oak. Vegetation in the debris fan area consists of native grass and weeds with scattered scrub oak, and scattered sage brush. The old ditch/berm feature does not appear to be maintained. The ditch/berm structure is currently relatively free of debris. Scattered rocks of up to 2'/z feet in diameter are present along the entire ditch/berm. PROJECT AREA GEOLOGY The main geologic features in the project area are shown on Figure 3. This map is based on regional mapping by Kellogg and Others (2003) published by the United States Geological Survey. The project site lies along the axis of the Laramide-age north -south trending Spraddle Creek Fold. Formation rock in the area consists of the Pennsylvanian -age Minturn Formation middle member (Pmm), the Robinson Limestone Member (Pmr), and the lower member (Pml). The lower member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish - gray to grayish -brown. The Robinson Limestone Member is a fossiliferous medium to thick bedded marine limestone interbedded with light tan arkosic pebbly sandstones, siltstones, and shales. The middle member consists of arkosic conglomerate, sandstone, siltstone, and shale that is pinkish -gray to grayish -brown. The bedding dip of the formation rock in the vicinity of the Project No. 18-7-606 -3 - project site is variable and ranges from around 20 to 25 degrees toward the east to 40 to 60 degrees toward the west (Kellogg and Others, 2003). Surficial deposits in the area include upper Pleistocene -age Pinedale glacial till (Qtp), middle Pleistocene -age Bull Lake glacial till (Qtb), and recent landslide deposits (Qlsy). The Pinedale glacial till consists of sub -angular to sub -rounded gneiss cobbles and boulders in a light tan sandy matrix that is unsorted and unstratified. The Bull Lake glacial till consists of material similar to that of the Pinedale till but also contains sandstone, conglomerate, or limestone cobbles and boulders derived from the Minturn Formation. The recent landslide deposits consist of debris deposited by recent landslides that is unstratified and unsorted. The landslide to the northeast of the project site is active and is a deep rotational slide with shallow soil slumping near the surface (Kellogg and Others, 2003). Kellogg and Others (2003) also state that rockfall is a geologic hazard in portions of the quadrangle, especially in areas below steep slopes and cliffs formed by the Robinson Limestone Member of the Minturn Formation. The recognized rockfall deposits described by Kellogg and Others (2003) can be observed on this site. The slopes above the property where these processes initiate have measured slope angles ranging from 60 to 100 percent. Heavy rains at this location can be accompanied by rockfall. Rockfall deposits were observed adjacent to and on the property. GEOLOGIC HAZARDS ASSESSMENT Geologic hazards potentially impacting the project site consist of rockfall, debris flow and potentially unstable slopes. Rockfall from the outcrops above the site on the valley side appears to be moderate to high risk. There is a small debris basin and associated channel upslope of the east part of the proposed development, north of the existing berm. The existing berm/channel outlets along the western edge of the existing Public Works office building. The potential for unstable slopes appears to be low to moderate and mainly at the existing cut slope to the north of the existing parking/roadway area. We should review the grading plans for the project once they Project No. 18-7-606 have been developed and perform additional stability and rockfall analyses as needed for the areas of proposed new development RECOGNITION There is evidence of a rockfall hazard at the property. This hazard involves loose rocks along the slope rising above the property to the north and fractured blocks of Minturn Formation exposed in cliff faces and ridges above the site. Evidence of the extent of the hazard within the property may have been obscured by the existing development. We reviewed historic aerial photographs of the property dating back to 1999, the oldest aerial photographs readily available for the site. Several rocks were found in the area along the existing berm and un -maintained two -track road to the north of the existing cut slope. These rocks ranged in size from around 1 to 4 feet in all dimensions and mainly consisted of angular limestones and sandstones of the Minturn Formation. IDENTIFICATION The majority of the rockfall evident adjacent to the property comes from rolling and bounding loose rock. The initiation force may be a combination of loss of support for the loose rock due to precipitation events, freeze thaw cycles, chemical weathering (disintegration of the rock mass), and plant and animal influences. Wind also may be a contributing factor. Other rockfall may result from planer or toppling failures within the large rock masses with open fractures. Based upon the apparent erosion of soil supporting loose rock during heavy rainfall, destabilization of the loose rock could occur during times of high precipitation. EVALUATION Evaluation of the project site for rockfall included field observations, terrain analysis, aerial photograph interpretation, and rockfall simulation modeling using the Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37). The evaluation focused on three zones defined within the area. These included: 1. Rockfall Source Zone 2. Rockfall Paths 3. Rockfall Runout Zone Project No. 18-7-606 -5- A map showing potential rockfall hazard areas is presented in Figure 2. The potential hazard consists of a rockfall source zone, a rockfall runout zone, and an area of potential rockfall paths between the source zone and the runout zone. The project site is located in the potential runout zone as shown on Figure 1. Rockfall Source Zone The majority of rocks presently posing a hazard to the proposed development are located at the rock outcrop located approximately 560 feet up the slope and along the ridge to the northwest of the proposed development area about 400 to 1000 feet up the slope. The source zones are primarily intact sandstone, conglomerate, and limestone that exhibit varying degrees of weathering and fractures. There are loose rocks littering the slope below the outcrops that have rolled to their present location. In our opinion, most of these lower, loose rocks do not pose a significant rockfall hazard. This is due to their lower location on the slope. It is unlikely that these lower, loose rocks will develop significant kinetic energy should they roll down the slope. The exception to this is the loose rocks in the vicinity of the outcrops that can be dislodged and are higher up on the slope. There is one very large boulder above the middle of the proposed development at around elevation 8,436 feet that appears currently stable. Rockfall Paths The mechanism of rockfall at this location involves rolling, toppling, and/or sliding of loose rock from the source zone. Once moving, the rock rolls and bounces through the rockfall path zone until it stops in the rockfall runout zone. The rockfall path zone above the proposed development area extends from the base of the slope to the ridge and outcrop above. Rocks roll, topple, and/or slide varying distances from the source zone. Some rocks are stopped in the source zone after initial movement. Other rocks stop varying distances down the slope. The rocks that stop movement in the source zone and on the slope lose speed and kinetic energy through contact with the ground surface, other rocks, vegetation, or a combination of these. It is likely that some rocks have rolled and bounced through the rockfall path zone, impacting the flatter ground at the base of the slope. We are unaware of direct evidence that rocks have Project No. 18-7-606 impacted the existing facility, however, the grading north of the west end of the facility has cut into the deposit formed in part by falling rock. Rockfall Runout Zone The rockfall runout zone evaluated for this study is defined as the area of ground at the ditch/berm and two -track road and south into the area of the proposed development. This area has been impacted by falling rock in the past as can be observed by the boulders adjacent to the ditch/berm. In our opinion, the existing ditch/berm feature should not be considered effective rockfall mitigation for the proposed development. Rockfalls will decelerate, lose kinetic energy, and eventually stop in this zone. Velocities of potential rockfalls are decreasing significantly at this location. This has significant advantages when considering mitigation options. These options are discussed in following sections. CRSP MODELING The Colorado Rockfall Simulation Program (Crsp3D version 2012.12.12.23.37) was used to assist in our assessment of the potential rockfall risk to the proposed project and to develop rockfall dynamic information that may be used to assess the feasibility of rockfall mitigation. Crsp3D is a computer program that simulates rockfall tumbling down a slope and predicts the probability distribution of rockfall runout, velocity, bounce height, and kinetic energy. The program takes into account slope profile, rebound and frictional characteristics of the slope, and rotational energy of the rocks. The program was not designed to identify rockfall hazard but to determine mitigation techniques where the hazard has been identified. The program is a tool commonly used in analysis and mitigation of rockfall hazards. We have simulated rockfall at the project site using Crsp3D. Our calibration of the model to site conditions began with observations of rockfall conditions at the site as described in previous sections of this report. We created a model that reflects the types of rocks found adjacent to the property that we believe resulted from rockfall events. The model was further refined by measurements of the slope and of loose rocks found within the rockfall source zones, rockfall path zones, and rockfall runout zones. Our model was back -calculated from the conditions at the Project No. 18-7-606 7 - site. The conditions at the property provide reasonable criteria for generating rockfall models that we believe represent the actual rockfall conditions. The purpose of modeling the rockfall events at the site is to evaluate engineering properties of the rockfall events that can be used in developing alternatives for mitigation of the potential rockfall hazard. These properties include velocity, bounce height, and kinetic energy of the rocks. Feasibility of rockfall mitigation concepts can be evaluated from these properties. Model Input Information A surface derived from a 2018 LiDAR survey of the area was used to input terrain information into Crsp3D. Model output probability distributions were calculated based on 99 independent rockfall trials of sphere -shaped rocks, randomly varied between a 3.10 and 8.00 -foot diameter. These blocks are similar to rocks ranging from a 2,500 -pound rock that is approximately a cube with a side length of 2.5 feet and a 44,000 -pound rock that is approximately a cube with a side length of 6.44 feet. The rock block sizes are based on observations of rocks found in the runout zone at the project site and the approximate spacing of fractures in the source zone. Model Output Information The results are presented in Table 1. We analyzed the results of our rockfall model at one point, the crest of the ditch/berm and along the lower edge of the two -track trail above the proposed development area, see Figure 4. We also calculated the rockfall dynamic probability distribution at this location. The engineering results of the modeling are given in the following table for a 2% exceedance probability. The bounce height is to the centroid of the rock block. The rockfall dynamic probability distribution may be used to assess the feasibility of rockfall mitigation. Table 1 Engineering Results from CRSP Point Evaluated Velocity ft/s (m/s) Bounce Hight ft (m) Kinetic Energy ft -lb (U) Point 1 22(6.7) 2.5 (0.8) 350,000 (470) Project No. 18-7-606 ROCKFALL RISK EVALUATION Rockfall is an active geologic process in the lower part of the Vail valley side to the north of the project site. Without long term observations, it is not possible to develop recurrence probabilities for rockfalls from the source zones at the project site with high levels of confidence but seems reasonable to infer that rockfalls from these source zones are infrequent. The Crsp3D modeling shows that if a rockfall were to occur during a reasonable exposure time for the proposed development, it is possible that the rockfall would reach the proposed development areas shown on Figures 2, 3, and 4. Based on our current understanding of the rockfall potential, we characterize the risk that a rockfall will reach the proposed building areas to be moderate to high. If a rockfall were to hit the proposed buildings, the consequence would likely be severe and could cause major structural damage and harm the building occupants, and the feasibility of rockfall mitigation should be evaluated. ROCKFALL NHTIGATION CONCEPTS There are three approaches to rockfall mitigation that are typically used within the area. 1. Meshing, bolting, and/or shotcreting of the entire rock outcrop in the source zone. 2. Stabilization or scaling of individual rock blocks in the source zone. Installation of a rockfall barrier/catchment area (rigid MSE wall, soil berm, or flexible fence) in the runout zone. The rockfall source areas are beyond the property boundary to the north. We do not know if the White River National Forest would allow mitigation of the loose rocks within the property. Stabilization methods for the entire outcrop could include anchored mesh and/or shotcrete stabilization. Stabilization methods for individual rock blocks in the source zone could include cable lashing, bolting, and scaling. Stabilizing the entire rock outcrop in the source zone would likely be the most intrusive and expensive option. The shotcrete and/or mesh would be highly visible from below, and would Project No. 18-7-606 require a large amount of stabilization material. Due to the large area of outcropping rock in the source zone, this option does not appear to be feasible. Stabilization of individual rock blocks is more cost effective than stabilizing the entire rock outcrop. This option mitigates the release of large rocks from the source zone but does not mitigate the release of smaller rocks due to severe weather, animal traffic, or rodent undermining. Due to ongoing natural erosion and animal traffic, this mitigation would need to be evaluated annually to adapt to the natural changing conditions. Individual stabilization typically costs between 5% and 50% of the cost of stabilizing the entire rock outcrop based on the amount of individual rocks needing to be stabilized. Based on our field observations it is estimated that the cost of initial individual rock block stabilization at this site will be between around $400,000 to $800,000. Rock scaling at this site does not seem feasible due to the existing development (including Interstate 70) downslope from the source zone In our opinion, a practical protection method would be an MSE wall or a flexible rockfall barrier and catchment area extending above the proposed development, in the area of the existing ditch/berm and two -track road, just to the north of the proposed cut -slope. This protection method would be around 1,000 to 1,500 linear feet. MSE walls typically cost between $35 and $40 per square foot of wall (length x height), or between around $210,000 and $360,000 for this site. A soil berm could be constructed with imported and/or on-site excavated material with a near vertical up slope face such as stacked boulders. The cost of the soil berm would depend on excavation costs and the availability of on-site material. A flexible rockfall barrier can be located approximately at the northern property boundary which should not impact the property to the north. The installation cost of a flexible barrier is typically around $110 per linear foot or between around $110,000 and $165,000 plus material and grading costs for this site. The flexible fence option will provide better protection from large and small rocks for the proposed buildings than stabilization of individual rock blocks, and will likely remain relatively maintenance free for several years after installation. The flexible barrier will likely be visible from the proposed development, but much less from the surrounding Project No. 18-7-606 -10 - community. A range of colors of flexible barrier are available to help minimize the visual impact of the fence. RECOMMENDATIONS Based on the CRSP analysis and our observations at the site, rockfall mitigation is recommended. In our opinion, a flexible rockfall barrier (Option 1) or MSE wall/soil berm (Option 2) with a catchment area uphill of it located in the area of the existing ditch/berm and two -track trail will be an effective mitigation. A flexible rockfall barrier will have the lower amount of visual impact and will require a limited amount of space to construct. The modeled energies and bounce heights for a 2% exceedance probability from the source zone are around 350,000 foot-pounds (470 U) and 2.5 feet (0.76 m), respectively. The modeled energies and bounce heights associated with rockfalls from these zones are presented above in Table 1. Based on these modeled energies and bounce heights, the barrier would need to be around 7 feet (2.1 lm) tall with a strength of 420,000 ft -lb (570 kilojoules). We recommend that a 3 meter (9.9 foot) tall Geobrugg GBE-1000A-R system (or equivalent) or suitable MSE wall or soil berm with catchment area designed by a qualified civil engineer be installed along the existing two - track road, for mitigation of the potential rockfall at the site. A soil berm with catchment area may also reduce the risk of damage due to debris flow at the subject site. If a flexible barrier option is chosen, the existing berm should be extended by approximately 200 feet to the west to intercept possible debris flow paths and the outlet improved so as to not direct flow toward the existing public works office building or existing employee housing building. This berm should be designed by a qualified Civil Engineer to account for design debris flow volumes and velocities. LIMITATIONS This study was conducted according to generally accepted geotechnical and engineering geology principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, published regional geology information, the currently proposed development plan, and our experience in the area. Our analysis was Project No. 18-7-606 -11 - conducted 11 - conducted to model a reasonably accurate indication of rockfall behavior at this location. The results are thought to be representative of conditions observed at the property and the slope and ridge above. Variations in the model resulting from additional observations and information should be expected. This report has been prepared exclusively for our client and is an evaluation of the geologic hazards and their potential influence on the proposed development. We are not responsible for technical interpretations by others of our information. 152315"MMN Robert L. Duran, E.I. Reviewed by: Steven L. Pawlak,' RLD/ksw cc: Town of V, Town of Vail — Greg Hall (ghall@vailgoy.com) Martin -Martin — Mark Luna (MLuna@martinmartin-mtn.com) Victor Mark Donaldson Architects — Chris Juergens (chrisj @ vmda.com) REFERENCES Andrew, R., and Others, 2012, CRSP-3D User's Manual - Colorado Rock/all Simulation Program, Version 2012.12.12.23.37 (manual and software): Federal Highways Administration Report No. FHWA-CFL/TD-12-007. Jones, C., Higgins, J., and Andrew R., 2000, Colorado Rock -Fall Simulation Program, Version 4.0 (manual and software): Colorado Geological Survey MI 66. Kellogg, K.S., Bryant, Bruce, and Redsteer, M.H., 2003, Geologic Map of the Vail East Quadrangle, Eagle County, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF -2375 Project No. 18-7-606 'k ' ! A 4 r ' 49 do' k f {`• rte: _ . �' 7 t+ 4 1 ' * t S y' f4 1 40 b - •-� _ * r 100 0 100 200 300 400 ft 18-7-606 Kumar & Associates Project Site Location Figure 1 I+ Source (Upper) ❑ ❑ ❑ Paths (Lower) ❑ ■ Runout 18-7-606 H-P - U MAR ROCKFALL MATERIALS AND ZONES Figure 2 i' Ilk TTI [T] 1 _ 45 A-mil. 20 26 25 Is I� ' • ' 5ti ` . — t#rte it .• +.± - Qtp PROJECT y • SITE E . -M s Awt'I. f'•lih 1'. l -_ .fJ � �' ,y r • �I� &y.d.I • i y '. Y le a 4 r • y 1p �' �. id'Vii. ,• (OttP li t [moi APPROXIMATELY; MILE Oa - Alluvium Qc - Colluvium Of - Fan Deposits Qtp - Pinedale Till Qtb - Bull Lake Till Qlsy - Recent Landslide Deposits Qls - Landslide Deposits Pml - Lower Member Minturn Formation Pmr - Robinson Limestone Member Minturn Formation Pmm - Middle Member Minturn Formation 1 18-7-606 1 H -P - U MAR I PROJECT AREA GEOLOGY I Figure 3 kv • FIry JL 4 LT LL rk w 0 CDn o� CD ro •�� I ti *. •baa'#+w o N •E L . 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Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Stockmar, Rollie Kjesbo, John -Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins Main Agenda A quick update the Planning Manager Chris Neubecker has offered up his resignation and will be the Planning Director at Teton County.Brian Stockmar moved to commend Chris. Brian Gillette seconded the motion. 2.1. A request for a recommendation to the Vail Town Council, pursuant to 60 min. Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) Applicant: Town of Vail Planner: Matt Gennett Public hearing was opened and Matt Gennett started his presentation with reviewing the comments that were made at the previous meeting and the changes that were made. Sustainability moved up from 4th to the 2nd item. The architecture sentence was updated. John -Ryan had a question on a grammatical error on "energy savings measures", that will be changed. Added uses for lionshead parking structure. Page 41, needed to add an "at a glance" for the program elements for various options. Sustainability action plan on page 69. Bullet #1 was changed to put in various changes. Next steps needed to be changed, and new text was added to meet the requirements. Perez wanted to make sure that it became a plan and not just a guiding principle. Still wants language added to be more of a plan. Staff made the comment that the language is added on page 56, left side, bottom of the column. All six review items were incorporated into the plan. Staff is recommending approval of the plan. Gillette — square footages corrected on the lot, and were the valuations corrected as well? Tom — Explained where the numbers from EPS came from. Gillette —All the revenue would be generated off-site is what you're saying? Gillette — Questions on the DDA Tom — Wanted to have numbers ready for Council after hearing with PEC. Stockmar — Why not add a forward reference for the page that leads to the numbers. Tom — Explains more of what they had looked at based on comments. Stockmar — Is it clear that the PD remains in this location? Tom — We wanted to make it clear that we could keep them here for now, but that it is an underutilized site. Perez — thanks the contractor for putting the new language together for the PEC. Stockmar — Reaffirms that they were important comments and glad they put them in. Gennett — this is a master plan and visioning document that sets a path forward to create a civic area in Vail. No public comments Commissioner Comments Lockman — Thank you for making the edits and your work. Stockmar — Pleased that the changes in the plan were made based on the PEC comments. Thanks for staff and Tom's hard work. Ludwig Kurz moved to recommend approval. Karen Perez seconded the motion and it (6-0). Absent: (1) Hopkins 2.2. A request for review of a variance from Section 14-6-7, Retaining Walls, 5 min. Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (PEC19-0041) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.3. A request for review of a Conditional Use Permit pursuant to Section 12- 2 min. 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public Works facility located at 1289 Elkhorn D rive/U n platted, and setting forth details in regard thereto. (PEC19-0039) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. Applicant: Town of Vail, represented by Victor Mark Donaldson Architects Planner: Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.4. A request for a recommendation to the Vail Town Council, pursuant to 15 min. Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence Spence — Next 6 applications part of one project. Stockmar — Can we have these all presented together? Spence — We can do that as long as they are in order. Items 2.4, 5, 6, 7, 8, 9 will be included in this presentation, but voted individually. Spence presents the applications listing off the items that have been worked on. Amendment to master plan, variance to prohibition of building on steep lots in housing district, zoning amendment to have all of it under the housing district, minor sub to create parcel, partial development plan with it to come before PEC later, Conditional use permit to allow market rate development. Stockmar — It has been clear that there is no intent to expand the Chamonix development into this parcel? Gennett — This will be separate from the Chamonix development. Stockmar — Matt confirmed that it isn't an expansion of the townhomes. Spence — the amendments are minor. Stockmar- motion does not include anything about the date. I would like to have that added to the motion. Ludwig Kurz moved to recommend approval as presented today and dated July 29, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.5. A request for the review of a variance from Section 12-21-10 Development 15 min. Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence Spence presents explanation of why the variance is required for this zone district. Kurz — We are treating this piece of land the same as if it was privately owned. Spence — We are treating it the same as a primary/secondary lot. Stockmar — Can we add this to the housing district? Gillette — We seem to have more of the variances, than we haven't. Spence — Staff recommended a text amendment and applicant preferred the variance approach. Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.6. A request for a recommendation to the Vail Town Council for a zone district 15 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence Spence presents explanation of application Stockmar- there is an extension to the west, has it ever been looked at for this? Spence — Please confirm what parcel you are referring to. Stockmar — Attachment A, there is a yellow shaded section and to the south, SE, does it make sense to look at it to change the zoning to add to this property for future development. We'd like to have staff think about the use of that land in the future. Brian Gillette moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.7. A request for review of a Minor Subdivision, pursuant to Section 13-4, 15 min. Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Prior to recording, the approved subdivision plat shall be amended to increase the eastern setback to twenty feet (20'). Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.8. A request for the review of an Amended Development Plan, pursuant to 15 min. Section 12-61-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC 19-0035) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-81-13 A, B, C and D; and 2. Approval of this development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 3. The development plan shall be amended to increase the eastern setback to twenty feet (20'). Spence presents the DP that will cover GRFA, setbacks and height allotment for this area. The full development plan will be done when a proposal for this land is brought forward. Gillette — Why the small side setback? Spence — Internal side setbacks are ten feet, only 20 ft at the edge of the district. Gillette — What is the distance between the townhomes in that area? Spence — Varies between 15 to more than 20 feet Stockmar — The area at the end of the road is used for storing snow. Spence — It shouldn't impact Parcel B Stockmar —Any issue with snow storage with this setup? Spence — There is adequate snow storage in Chamonix Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 2.9. A request for the review of a Conditional Use Permit, pursuant to Section 15 min. 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. land setting forth details in regard thereto. (PEC19-0034) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence 1. Approval of this conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compativle with the 32 -unit Chamonix Townhouse development. Spence — This would allow market rate units to be created. Of the 6 items 2 are for recommendation to Town Council, the other 4 are final approval here at the PEC. Those four items are contingent on approval by the Town Council. Kurz — Procedural, is there an applicant representative here? Is there a profound reason that the applicant himself could not be here? Gennett — Town Council is the actual applicant, so any representative from Town can represent for them. Kurz — These are major applications and the direct applicant cannot be here. If we did have questions we wouldn't get the real answers from the applicant. Perez — We had questions from last time that we wanted the applicant to be here to answer. We haven't gotten any new information like we would have liked. Gillette —Are there any other lots zoned housing? Spence — No. Stockmar — There could be more parcel zoned this in the future though. Spence — Currently Multi -family is not allowed on steep slopes, so this would be a policy change. Gillette — if we have this many variances then the language was probably wrong in the first place. Summary Comments Kurz — I voice my frustration that the main man was not here for the second time. I think this application is in keeping with what was proposed originally. The plan for selling part of the property to recoup funds is appropriate. It is not overwhelming to the Chamonix or the general project. I'm happy to move forward with this. Lockman —Agreed that there would be frustration in the process with not having George here again. Thought they were tabled so he could make it. Fine with moving forward with the proposals Perez — Echoing the concerns of commissioners, would have liked the presenter to be here. Gillette - Ok with the applications. Steep but the neighbors are way higher up and won't be obscuring anyone. Would have like to see more setback on the East side as the architecture will not be the same. It would look better to be more separated Stockmar — How wide is that tail? Spence — 10 ft Stockmar —Adding 10 feet wouldn't be disastrous, making it a 20 ft setback. Lockman — Would it affect construction with that side being less steep? Gillette — It makes more sense as you could have more area around the place to get machines Stockmar — I agree a larger setback would be appropriate. Spence — This can be done as part of the motion as a condition. Kjesbo — I agree about frustrations as Kurz. Stockmar — I too agree with what's been said, and I support the package. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins 3. Approval of Minutes 3.1. October 14, 2019 PEC Results Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain: (1) Gillette Absent: (1) Hopkins 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Hopkins The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000507821-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 11 /8/2019 and that the last publication of said notice was dated 11 /8/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/20/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 11/20/2019. i0911"b ti, �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811-y 1LYil4L"plRd,6 rebrarew RDaL�.D. iGFF <7i'Lgf,{14PD0 ppTARY'[7:ldffd09938A' N'/ Cfkffiq;SIDN %'%43Rlw4F1iGi15P9,2�' PLANNING AND ENVIRONMENTAL COMMISSION November 11, 2019,1:00 PM ,.,C... it Cbambars 75S. Froniage Road - Vail, Colorado, 8181 1. Gan t Omer 1.1. Attend—. 2. Main Agenda 21. A request for the review of a variance from Section 146-7, Retaining Walls, Vail Town Code, pumuam to Tiuc 12 Chapter 17, Veriancca, Van Town Code, t allow fur a retaining wall In excess of three Leet (3') tall within the front setback for the creation of an ADA compliant path located at 3]00 North Frontagge Road Essi 1, East Vail Workforce Housing Subdivision, and seting forth tletails in regard thereto. (PEC19-0064) 15 min. Applicant Triumph Development, represenled by Michael O'Conner Planner: Jonathan Spen 2.2. A request for the review oivapances from Section l4-10-4- C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Veil Town Cade, pursuant t Section 12-17, Variances, Vail Town Code, t allow a deck more than flue feet (5') above ground level ro project more than five feet (55 Forest '1 inro the 20 Block 7,froVail Village Filing 1(, an� setting forth details ncooled at 6 regard thereto /Lot (PEG19-0045) 15 in. Alppllcant: Prima Partners LLC, represented by Shepherd Resources Inc. P goes Greg R g Veil 23 Town Code pursue tIo Tide 12 Chapter 1]� Variances, Vaal Tow Code, to allow for a refining well In excess of six (6) feet til .,he Town of Vail Public Works facility located at 1269 Elkhorn DrivvrIJ, mtd, and setting forth details in eg d their— (PEC19-0041) 5 min. The Applicant has requestetl that this item be tooled to the meeting of November 25, 2019. Applicant' Town of Vail, represented by Victor Mark Donaltlson Archltcts Planner: Erik Gates 2.4. Are est for review of a Conditional Use Permit pursuant to Section 12- 9C-3, Conditional Uses, Veil Town Code, in accordance with Title 12, Chapter 16, Gondilional Use Permits, Vail Town Code, to allow for an amendment to the tlitional use perm lcr the Town of Vail Public Works fedifty located at 1289 Elkhorn Dr'Ne/Unplatleis antl setting bdh details In regard thereto. (PEC19-0039) 2 min. The Applicant has req uesred that f Is Item be tabled to the meeting of November 25, 2019. Applicant' Town of Vail, represented by Victor Mark Donald—Architects Planner. Erik Gates 3. Approval of Minutes 3.1. PEG Results Octber 28, 2019 4. Adjournment The applications and Information about the proposals are available for public inspection tluring regular of- fice hours at the Town of Vail Community Development Department, ]5 South Frontage Road. The public is inited to attend the project orientation and the sit visits that precede the public hearing In the Town of Veil Community Development Oepertment. Times end order of items ere approximate, subject to change, antl ca not be relied upon to determine at what time the Planning and Environmental Commission will con- sider an Item. Please ,It (970 479-2138 for additional information. Please call 711 for sign language inter- pretation 48 hour prior to meehng time. Community Development Department Published in the Vail Cily November 8, 2019. 0000507821 Ad #: 0000501050-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE Your account number is: 1023233 NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail .0 hold hearin a public rdancewghsacticnl2- 3-S, Veil Town Code non November 11, 2019 at PROOF OF PUBLICATION 1.00 pm In the Town of Val Municpal Building. A request for name, of variances from Section 14-6 VAIL DAILY 12 cl'nap its17, Va -se, taCode, n code, to alit, for a betammg wall in excess of three feet (3') tel STATE OF COLORADO within Die trait setback for the creation of an ADA -.pit.. path and from section 14-3-1, Reswemial COUNTY OF EAGLE and Commercial Access, Driveway and Pending Chapterd1] ariTown o es, Vail Tpursuant wn C de, to mallow for required parking to be located less than five fee, (5') from the bevel way located . 3700 North Front- I, Mark Wurzer, do solemnly swear that I am Publisher of ge Road East/Lot 1, East Vail Workforce Hbusinc SubdlOslon, and setting forth decals in regard there the VAIL DAILY, that the same daily newspaper printed, in to. (PEC19-0044) Applr Triumph Developmend Wed LLC Planner: Jonathan Spence whole or in part and published in the County of Eagle, A request for Me review d variances from Sedioh State of Colorado, and has a general circulation therein, 14-194-C, Architectural Projections, Decks, Be— hies, Step,, Etc.,Vail TownOw that said newspaper has been published continuously and Sec braindows, pursuan Town Cotle, tc sllowadeck more than fiveteet(5') bate ground level to pr%ed more than five teat (5') into uninterruptedly in said County of Eagle for a period of ioaaaquir d tont (sourest a)oaadamz (B� ro vet more than fifty-two consecutive weeks next prior to the Village Filmg 1, antl sating todh details in regard he ein PEC, 9-oo 5) first publication of the annexed legal notice or Applicant Prima P.... LLC Planner: Greg Roy advertisement and that said newspaper has published the The applications and information about the proop,,- .1. are available for public inspection dunnelg tfice hours TownofFont requested legal notice and advertisement as requested. n ens Frontage RoadThe puubblicIs ntited m attend site tishs. Please call 916479 2138 or visa www—ilg-c—planning for addition al information. The VAIL DAILY is an accepted legal advertising medium, wl Iangunge lntarpr Mflm atailede upon request 24-hour notificarion, dial 711. only for jurisdictions operating under Colorado's Home Published October 25,2019 in Me Vail Daily. Rule provision. 0000501050 That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/25/2019 and that the last publication of said notice was dated 10/25/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/20/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 11/20/2019. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i i�4L"plR�6 rebrarew RuaLdD. ppTARY'[7:ldSfd69938A' ti?'/ Cf,;SIDN %'%171lw4AtiGi15T9,2�'