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Home My WebLink About2019-11-25 PECPLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAI0 November 25, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Rollie Kjesbo, John -Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins Main Agenda 2.1. This appeal has been vacated and will no longer be heard. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an interpretation by the Administrator of the Community Development Department concerning Section 12-6D-8: Density Control, Vail Town Code, regarding potential redevelopment of the property located at 2417 Chamonix Lane/Lot 20, Block A, Vail Das Schone Filing No. 1, and setting forth details in regards thereto. (TC19-0028) Applicant: John R. Bergey, represented by Wear Travers Perkins, LLC Planner: Jonathan Spence 2.2. A request for review of a variance from Section 14-6-7, Retaining Walls, 75 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) Applicant: Town of Vail, represented by Greg Hall Planner: Erik Gates Planner Gates introduced the project and brought the commission up to speed on its status. He stated his intent to speak about both this item and PEC19-0039 as the two applications are directly related. He explained to the commission what changes to the application had been made since the last time this project was heard. Gates referred to the comments that have been received pertaining to this application. Kurz -Please explain the difference between an EIS and an EIR? What are the impacts. Gates- EIS is more rigorous than an EIR an takes a longer time to complete. An EIS requires an exploration of development alternatives and their possible impacts. This generally takes 1-2 years to complete. Gillette -W hat does the Town Code ask for? Gennett- An E I R Lockman -How are the two applications related? Gates -The CUP is for the expansion of the Streets building and the retaining wall at the Public Works site. The variance is to allow a height in excess of 6' for the retaining wall. Greg Hall -Discussed the changes that have occurred to the plan. Spoke to the review by CPW and the delay in receiving that. He stated his intent to request tabling. Discussed the rock fall berm and the scope of Phase 1 including the location of solar on the building. The style of the rock fall berm was presented. Hall discussed how the revisions are more sensitive to the site and result in less disturbance. Gillette -How will the construction occur? Hall -The relocation allows the Streets building to move forward without the wall. Building construction would start in April. The wall and berm construction would occur within the June to October window. Chris Juergens, Architect -Discussed building changes and the flexibility it allows. Elevations of the proposed building were shown. Perez- What is the extent of the wall. What is its distance from the buildings? Chris -it ranges from 80 to over 120 feet. Probably 150' from the existing housing. Gillette -Questions from Jim Lamont should be discussed. Gillette asked about employee staffing levels. Hall -Staffing is not based on the building but on levels of service. No new employees contemplated at this time. Gillette -Traffic levels? Hall -No change to traffic with Phase 1. Discussed traffic study and the master plan. Gillette -Scheduling should be included in the memo for the next meeting. Hall showed photos of the site and where the berm and wall would be located. Discussed two dates for open houses for the public. The Commission discussed the possibility of a site visit at the next meeting. Gillette -What is the lost habitat? Hall- 0.8 acres from the wall. The area between the berm and the wall is not taken as a loss. Ground solar is not part of the application. Gillette- Construction traffic causing a safety issue at the frontage road? Hall- Flaggers will be added as needed. Gillette -Is there or will there be a mitigation plan. Hall. There will be reseeding. Will see what the biologists recommends. Gillette- Need a ten year plan. A mitigation plan for the life of the master plan. Need to be throwing 200K a year for ten years. Reseeding does not cut it for a mitigation plan. Will be looking for that at the next meeting. Hall -It is in the Forest Service's court now for 2020. Gillette -Would like to add a condition that the TOV formulate a long term habitat mitigation plan. Kurz -Would go along with Brian's direction that we have discussed the mitigation, but nothing has really occurred. Issue needs to be addressed after everything that has happened in the last two years. Kjesbo-Asked if the site is adequate right now if solar and housing were not contemplated and the retaining wall not constructed? Hall -The retaining wall is necessary with the possibility of the closing of the charter bus lot and VRD requests. Additional interior heated space is needed as is a)derior storage areas. Gillette- Spoke to mitigation measures and their benefits. Hall -Would like the biologist to weigh in on measures. Gillette -Would like to know what the plan is or the process. Need a coordinator. The floor opened to public comment Blondie Vusich- Encourage by the Commissioners comments and the direction. Would like to see an EIS. Robin Burch- Heavy equipment on the booth heights site made the sheep move all the way down to the highway. Sheep were scared. Worries about sheep falling off a 20' wall and the precedent a high wall makes. William Shake- Had questions about the construction of the wall. Susan Bristoll- Feels the larger scope of the project is not addressed. Would like to see the TOV require an EIS. Does not feel the mitigation plan is is adequate. Tom Vusich- Encouraged. Observed sheep on the site of booth heights development today. Jennifer Crabtree- Attended the October 15th meeting. Spoke to the applicant supporting mitigation but no plan in place. Gillette clarified the questions concerning the retaining wall and rock -fall berm. Juegens-Clarified howfar the wall is from the buildings. It ranges from 90 to just over 200. Hall spoke to the historical use of the site and the inability to halt activities on the site. Kjesbo-Supports EIS. Worries about scope creep and being sensitive to the site. It is a PW site not a housing site. Does not support the solar field Gillette- Agrees with Kjesbo. Does not support the solar field. Asked about when an El R or EIS is required. Would support it at the master plan level instead of the development plan stage. Asked staff to consider making this a requirement for master plans. Perez- Agrees with Gillette. Need to have El or EIS at time of rezoning or master plan. Concerned about consistency among applications. Would like to see mitigation plan and CPW report. Should follow Booth Heights mitigation plan. Lockman- Agrees with fellow commissioners. Spoke to components of the master plan. Supports the retaining wall. Need a clear plan for the development of the site and related mitigation. Kurz -Agrees with other commissioners and the need for the TC to provide more precise direction. Need to also recognize the needs of PW and their needs. Hall -Asked about a Public Works Master Plan update to the commission. Gillette -Depends on the biologist recommendations and the mitigation plan process. Brian Gillette moved to Continue to December 9, 2019. John -Ryan Lockman seconded the motion and it passed (5-0). Absent: (1) Hopkins 2.3. A request for review of a Conditional Use Permit pursuant to Section 12- 5 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 Drive/ U nplatted, and setting forth details in regard thereto. (PEC19-0039) Applicant: Town of Vail, represented by Greg Hall Planner: Erik Gates Brian Gillette moved to Continue to December 9, 2019. John -Ryan Lockman seconded the motion and it passed (5-0). Absent: (1) Hopkins 3. Approval of Minutes 3.1. November 11, 2019 PEC Results Brian Gillette moved to Approve. Karen Perez seconded the motion and it passed (5-0). Absent: (1) Hopkins 4. Adjournment Brian Gillette moved to Adjourn. Karen Perez seconded the motion and it (5- 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: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 25, 2019 ITEM/TOPIC: This appeal has been vacated and will no longer be heard. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an interpretation by the Administrator of the Community Development Department concerning Section 12-6D-8: Density Control, Vail Town Code, regarding potential redevelopment of the property located at 2417 Chamonix Lane/Lot 20, Block A, Vail Das Schone Filing No. 1, and setting forth details in regards thereto. (TC19-0028) City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 25, 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) ATTACHMFKITC- File Name PEC19-0041 Public Works Variance Staff Memo 11.25.19.1 [Attachment Al Vicinity Map.pdf [Attachment Bl PW Variance Narrative.pdf [Attachment Cl PEC19-0041 Applicant Plans.pdf [Attachment Dl PW Variance Photos.pdf [Attachment El Public Works Geologic Hazards Report + Addendum.pdf [Attachment Fl EIR Vail Public Works.pdf [Attachment Gl VHA Public Comment.pdf Description Staff Memorandum [Attachment A] Vicinity Map [Attachment B] Applicant Narrative [Attachment C] Applicant Plans [Attachment D] PW Photos [Attachment E] Geologic Hazards Report [Attachment F] Environmental Impact Report [Attachment G] VHA Public Comment WAV1191IAT1:114 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 25, 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: Erik Gates 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 the constructing of 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 proposed Streets Department building and bus barn and extends East to the end of the existing Public Works 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 while 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. During the August 26 planning and environmental commission meeting, the Commission requested the applicant provide a representation of the proposed retaining wall if it were designed to strictly comply with the provisions of the Code. A figure of the proposed and strictly conforming wall is shown below: n 51TE M' TON n SITE SECTION I -F - 5TIFFE7 WALL 2 IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Recaulations, 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 3 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(19 73) § 19.100) 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION.- Within CTION: 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(1973) § 19.500) 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. 0 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) Title 14, Zoning Recaulations, 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 5 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. 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 M 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) V. 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 VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: USFS and Eagle County None South: 1-70 None East: USFS None West: Open Space VII. REVIEW CRITERIA Agricultural and Open Space 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 nearby residential or commercial uses, and the location of the wall as proposed is screened from the interstate and from S. Frontage Road. A strictly conforming wall would result in additional 10 vertical feet of retaining wall and would no longer be screened from the interstate. 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 7 is able to reduce the loss of sheep habitat and conserve and enhance the natural environment. Stepping the retaining wall would result in 20 — 25 horizontal feet of site disturbance and habitat loss along the length of the wall. 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. VIII. ENVIRONMENTAL IMPACTS An Environmental Impact Report was conducted by Rick Kahn on behalf of the Town for this site and the proposed improvements identified by phase 1 of the Public Works Master Plan. The report is attached to this memorandum. In this report it was identified that a group of approximately 15 bighorn sheep rams could be impacted by the elimination of about one acre of potential foraging area resulting from construction impacts. Construction activities were identified to likely have the most severe impact on sheep during March — May each year. Bighorn sheep Iambs and ewes were not observed on this site. Mule deer and elk were also observed transitioning through the area north of the Public Works site. Mitigation methods identified in this report are stated to be applicable to sheep, deer, and elk alike. The EIR has been submitted to the Colorado Department of Parks and Wildlife for recommendations, but the applicant is still awaiting these comments. 0 The site is currently used for Public Works functions and this retaining wall variance 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. However, 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 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 this variance in accordance with the provisions of Section 12-17, Variances, Vail Town Code. 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." Should the Planning and Environmental Commission choose to approve this variance the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated November 25, 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 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.- 9 easons: 0 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 D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 F. Environmental Impact Report, Rick Kahn, October 2019 G. Letter of Opposition, Jim Lamont, August 31, 2019 10 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 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. 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O. Box 5300 Avon, Colorado 81620 markdA,,vmda.com WMEMNSEUMM Subject: Addendum to Geologic Hazards Review, Proposed Town of Vail Public Works Facility Development, 1309 Elkhorn Drive, Vail, Colorado Gentlemen: As requested by Chris Juergens of Victor Mark Donaldson Architects (VMDA), Kumar & Associates, Inc. has reviewed the proposed grading plan and rockfall hazard mitigation wall design by Martin/Martin, and conducted additional analysis of modeled impact energies along the proposed rockfall hazard mitigation wall. The services were done supplemental to our agreement for professional services to you, dated September 26, 2018, Proposal No. P7-18-713. We previously conducted a Geologic Hazards Review for the proposed development and presented our findings in a report dated November 6, 2018, Project No. 18-7-606, and a subsoil study for foundation design for the proposed development, report dated August 7, 2019, Project No. 18-7-606.01. We have reviewed the proposed preliminary grading plan and rockfall mitigation wall design by Martin/Martin dated::November 9, 2019, Job No. MCI 8.0933. The proposed rockfall hazard mitigation wall with a height of 7 feet and a 6 -foot -wide Swale on the uphill side in the location shown on their plan, sheet C 101 should adequately meet our design recommendations to mitigate the rockfall and debris flow hazard at the subject site. The recommendations presented in our subsoil study dated August 7, 2019, Project No. 16-7-606.01 can be used for the design of the proposed rockfall mitigation wall foundations. We should review the final grading and rockfall mitigation wall plans once they have been developed. The modeled potential rockfall impact energies along the length of the proposed wall are shown on Figure 1. These energies are based on the CRSP results presented in our previous report, the gradient of the natural slope above the wall, and the proximity of the wall to the potential rockfall source area. If you have any questions or need further assistance, please call our office. Victor Mark Donaldson Architects November 11, 20191 Page 2 Sincerely, Kumar & Associates, Inc. �'�� P -- Robert L. Duran, E. I. Reviewed by: Steven L. attachmen apact Energies cc: VMDA — Chris Juergen (chrisj(&,vmda.com Town of Vail — Greg Hall (ghall@,vailgov.com Martin/Martin — Mason Talkington (Intalkington(&martimnartin.com) Kumar & Associates, Inc. 0 Project No. 18-7-606 use West " 420,000 ft—Ib l �) 14 C-- i� 390,000 ft—Ib I.� c + 5' 330,000 ft—Ib ;r I y 7 + 1<« 260,000 ft—lb Terminate wall and tie into existing debris flow berm + o� i I l �f s� Not to scare East 18-7-606 Kumar & Associates Potential Rockfall Impact Energies Fig. 1 H -R KUMAR Geotechnical Engineering [ Engineering Geology Materials Testing I Environmental 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Parker, Glenwood Springs, and Silverthorne, Colorado GEOLOGIC HAZARDS REVIEW PROPOSED TOWN OF VAIL PUBLIC WORKS FACILITY DEVELOPMENT 1309 ELKHORN DRIVE, VAIL EAGLE COUNTY, COLORADO PROJECT NO. 18-7-606 NOVEMBER 6, 2018 PREPARED FOR: VICTOR MARK DONALDSON ARCHITECTS ATTN: MARK DONALDSON P.O. 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 ' ! 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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 To: Greg Hall, Town of Vail From: Rick Kahn Wildlife Consultant Re: Wildlife Impacts to Vail Work Center Master Plan for Town of Vail (TOV) Colorado (Solar array and Public Works site expansion) October 2019 Rick Kahn- Qualifications- I have been a professional wildlife biologist for over 40 years. I have a B.S. degree in Wildlife Biology and a Masters in Wildlife Science. I spent 32 years with the Colorado Division of Wildlife (CDW) in many capacities including: District Wildlife Manager 10 years, Statewide Big Game manager 4 years, Wildlife Management Supervisor 15 years and Terrestrial Section Manager for 3 years. During my tenure with CDW I worked on many bighorn sheep projects including trap and transplant, disease monitoring and testing, development on statewide policies and presenting regulations and policies to the Wildlife Commission, Executive leadership and the Colorado legislature. I was a co-author on the Colorado Bighorn Sheep Management Plan 2009-2019 and represented CDW on the Western Association of Wildlife Agencies Bighorn Sheep Working Group. After retirement from CDW I spent 7 years with the National Park Service as a system wide wildlife biologist and worked on bighorn and Dall sheep issues across the western United States and Alaska and represented NPS on the Bighorn Sheep Working Group. As both a CDW and NPS employee I was involved in numerous land use issues and either directly wrote comments or had employees under my direction write comments on impacts to wildlife from many entities including private developers. I am familiar with the various aspects of wildlife mitigation and have been involved in both management and research efforts to determine the effectiveness of various mitigation techniques. My Masters of Science work looked at the impacts of pinyon/juniper chaining on mule deer and small mammals. At the present time I am the owner and principal wildlife biologist for RHK Consulting LLC and formerly worked with the Rocky Mountain Bighorn Society providing technical assistance. Executive Summary - The Town of Vail has submitted a request for a Permit to expand and modify their Public Works facility located at 1289 Elkhorn Drive in Vail. This report details the potential wildlife impacts of this expansion on the adjacent big game habitat and specific impacts to a group of bighorn sheep rams that have used the area primarily during winter and spring. The TOV project has the potential to impact a group of ram bighorn sheep that have used the site and adjacent areas of USFS land sporadically in the past decade. In 2019 a group of —15 sheep used the site from around March- May. Construction will result in approximately 1-1.25 acres of potential foraging area being eliminated and there is concern that construction impacts will be negative if conducted at times when sheep are in the area and constrained by snow that limits movements. Mitigations are recommended that restrict construction to certain times of the year, that require grass planting of key species to mitigate losses, that limit access to the area for recreation, that restrict the use of dogs and recommend further monitoring of bighorn sheep and other wildlife. Project Description- The Town of Vail (TOV) has submitted an application for a Conditional Use Permit to allow for demolition of an existing building, construction of a new building, the construction of a retaining wall and a rock fall berm, expanded storage space for vehicles and construction of a solar array at its existing work center at 1289 Elkhorn Drive in Vail, Colorado. The total expansion is approximately 59,000 square feet of space. There are other projects outlined in the Master Plan however this analysis only related to the specific projects mentioned above. All other developments, including working on the existing housing area should require additional analyses. The analysis will focus primarily on the impacts to a group of bighorn sheep rams that have used this general area including TOV lands and adjacent United States Forest Service lands as part of the their winter and spring habitat use areas. Techniques I reviewed the information sent to me by the TOV including the site plans, permitting request and other appropriate documents. I did a site visit on 30 September with Greg Hall which included looking at existing facilities, looking at proposed sites for development and meeting with various other staff and contractors. In addition, I have been retained by the TOV to provide comments and analysis on another development in the Booth Creek area to the east and during that investigation I spent over 40 hours researching and investigation impacts to this same herd of bighorn sheep on the Booth Creek area about 2-3 miles away. I also interviewed a number of Colorado Parks and Wildlife staff regarding this project including retired individuals with site specific knowledge of this herd and area. Wildlife Background Data- This evaluation will focus almost entirely on bighorn sheep in the vicinity of the Public Works buildings and adjacent lands with the following exception: This area is also used by mule deer and elk primarily as a migration corridor and for transitional range. Neither of these species has spent a significant amount of time on the adjacent areas for the past 5-10 years or longer. This is corroborated by former Colorado Parks and Wildlife District Wildlife Manager Bill Andre and by sightings made by staff at the Work Center. The reason for this is not totally clear, however both mule deer and in particular elk populations have declined dramatically in this game management unit (GMU) over the past 10 years. In addition, it should be mentioned that the entire upper Eagle Valley has seen explosive growth and development over the past 40 years and a dramatic increase in the overall human footprint. This has undoubtedly had negative cumulative impacts on local big game populations. Mitigations recommended for bighorn sheep are also consistent and applicable for both mule deer and elk. If the present trend changes and either mule deer or elk establish either fawning/calving areas or use the area for winter use then the TOV should consider further analysis to better understand local impacts of the full development of the Master Plan. Bighorn Sheep Bighorn sheep use the local area and are part of a local herd designated by CPW as the Gore —Eagles Nest herd (S-2). This herd utilizes a wide area of summer range primarily in the Gore -Eagles Nest Wilderness north and east of Vail on Forest Service lands and winters almost exclusively along the north side of Interstate 70 from the Booth Creek area west to this site due north of the TOV Work Center. Colorado Parks and Wildlife have mapped bighorn sheep ranges including critical winter ranges in this area and the development area are within the mapped winter range. However, it should be noted that this designation was developed over 20 years ago and it is possible that winter range has changed in that time period. While the designations are still important, changes in land use in the general area may have resulted in a contraction of the overall winter ranges. Under ideal circumstances this information should be updated and the best information is obtained via the use of Global Positioning System (GPS) collars on an appropriate sample of bighorn sheep from the resident herd over a multi-year period in order to determine specific seasonal uses of habitat. Bighorn sheep in Colorado have undergone significant population declines since pre -settlement times. Though there was no specific evidence on how many bighorns were present in Colorado at settlement, there were anecdotal accounts which state they were common and widely distributed across the state (George 2009). There are estimates of at least 200,000 bighorn sheep in Colorado in the mid 1800's. At the present time the overall population is about 6,800 animals which is about 3-5% of the pre - settlement estimate. The statewide trend is slightly downward over the past 5 years. The present estimate of the S-2 sheep herd is — 50-65 animals which is down from an estimate of —100 animals in the mid 2000's. This is an important native herd with only one supplemental transplant of bighorns from the Tarryall herd in the late 1940's. From the mid 1980's through the mid 2000's this was one of the largest bighorn sheep herds in the northwest % of Colorado. It has traditionally provided a small number of rams for hunting opportunity and is one of the most important in the state for wildlife viewing given their wintering range adjacent to Interstate 70 and the high amount of winter traffic coming to the Vail Valley and areas to the west. Thus this is a herd of very high importance both locally and statewide. As mentioned earlier, this herd has declined in the mid 2000's anywhere from 35-50%. The reasons are not known, however it is thought that the severe winter conditions of 2007-2008 may have contributed to an all age die off and there has not been recovery in the ensuing decade. At the present time pneumonia related disease is the most critical factor impacting Colorado's bighorn sheep herds, however in certain situations human related impacts on the winter ranges, when sheep movements are constrained and forage is limited, is also a contributing factor to poor population performance. The area adjacent to the TOV site is US Forest Service land and is in not grazed by domestic livestock. It is used exclusively by bands of bighorn sheep rams. Ewes and Iambs have not been noted on the site for over 10 years and rarely if ever prior to that time. The ram band, which had a high count of 15 animals, was present in the winter and spring of 2019 from approximately March through late May. Since 2008 rams have been noted in the general area for at about 3-5 years or about 30-5-40% of the time. However, there has not been a standardized count in that specific area and these are just general observations, so in some years sheep may have used the area and were not noted and may have just used the area for a short period of time. This group of rams has used the south facing hillside just north of the Public Works facility and on occasion has been sighted in and around the TOV lands. Small groups of bighorns have been noted in the area just north of Interstate 70 to the west of the facility on occasions and there are observations of rams moving through the facility in an attempt to move further south towards the Interstate. It is speculated that the rams have been drawn towards the Interstate and the facility to get salt which is used on the Interstate and also stored at the facility. The area adjacent to the TOV site is typical mountain shrub community with native grasses, shrubs, including snowberry and serviceberry and scattered conifers and aspen. There is a small strip of disturbed land adjacent to the power line that separated TOV property from the adjacent USFS lands. Bighorns have been seen utilizing this area on a regular basis particularly around green up in the spring but it is speculative to make statements as to the critical nature of these areas for bighorn sheep in the area. This area has non-native grasses including wheat grass and smooth brome and these species are very attractive to bighorn sheep early in the spring as they tend to green up faster than native grasses and provide key nutrition in the post winter period. The area has only limited amount of bighorn sheep escape cover (steep rocky slopes, with greater than 10% aspect, that provide escape areas from primarily mountain lion predation). This is most likely the reason that the area is only utilized by rams and not ewes and Iambs. Rams are less likely to be victims of lion predation due to their larger body size and horns which can be used for defensive purposes. (George 2009, Schnoeneker 2005) There are two rocky outcrops in the immediate area, the one to the east is larger and provides more escape cover. There are more rocky ledges to the east towards Booth Creek which provide better escape cover and thus that is where the ewe/Iamb groups are found. Due to the sporadic nature of bighorn sheep sightings in this area over the past decade and the lack of any formal studies on this sheep herd in general in the past 25 years it is difficult to fully understand how the proposed developments will impact these specific animals or other groups if they chose to use this general area in the future. While there are certainly cumulative impacts to development and at some point development and habitat loss leads to negative population responses, this work site area has been intensively used for over 40 years. The area has lots of people and vehicle traffic and the specific ram band that used the area in 2019 appeared to be somewhat habituated to this level of disturbance. However, it is not clear what further increased levels would do to their use or what impacts disturbance might have on future groups of bighorns that may choose to use the habitat. Project Details and Mitigation The project areas that are covered by this paper include the following actions taken by the TOV: Instillation of a rock fall berm to be constructed in the area just south of the existing power line near the north end of the TOV property. 4 Instillation of a solar array below the berm extending along the north end of the property from the east side to the west. Construction of a new building and a lower retaining wall in the northwest area of the Public Works site, including demolition of the existing structure and a retaining wall built into the existing hill to stabilize the north side of the site. These actions are to be done in 1-4 years of permit approval. Rock Fall Berm- The rock fall berm is to be constructed on the north end of the TOV property just north of the work center complex. This will result in the removal of .16-.24 acres of existing habitat which has been used by bighorn sheep. As mentioned earlier, this area was used primarily in early spring as the site contained non-native grasses which greened up early and provided some early season foraging. This area has been adjacent to a significant amount of human activity for an extended period of time (>40 years). The proposed berm will have both positive and negative impacts on bighorn sheep. The negative impacts are the loss of a small amount of habitat that provides forage at a critical time. The potential positive impacts is that the berm may provide a barrier to bighorns moving towards 1-70 and may be helpful in minimizing both highway mortality and keeping the bighorns away from attractive nuisances in the work area such as salt storage areas. It is recommended that the berm be built in such a way as to allow bighorn sheep some potential footholds to scramble over the barrier in the event they need to get over. However, I do not recommend adding a specific area in the berm that could allow for easier bighorn sheep or other wildlife access such as a gap in the berm. The thought here is that wildlife and bighorns in particular do not really need to access the areas to the south for specific needs such as forage or for movement. If this is needed there are other areas to the west and east that could potentially allow wildlife access. The loss of these acres of foraging habitat could be mitigated in the following manner; the disturbed site immediately north of the berm should be seeded to a wildlife grass mixture which should include some cool season grasses which would green up early in the spring and provide some forage at that key time. If this area is on Forest Service land the TOV should work with FS to do suitable habitat enhancement in this area to provide better forage. This could include fertilization of the existing vegetation or interseeding with a wildlife friendly seed mixture which would benefit bighorn sheep and other ungulates. Solar array- The solar array has a larger footprint on the land than does the berm or new building as great as 4.5 acres if totally built out. Wildlife impacts of ground mounted solar arrays have not been extensively studies so there is little research available on specific impacts and none on bighorn sheep. Since the solar array is linear and extends along the entire edge of the property during construction it will have an impact on potentially a larger area. One idea for the TOV to consider is to roof mount as much as possible portions of the solar array on the new structure and other buildings which would minimize the overall footprint. If this is not practical, then TOV should try and enhance the areas around the solar array by planting a wildlife grass mixture so that the disturbed sites do not result in noxious weeds and also provide and area for bighorn sheep foraging and help to mitigate the loss of habitat. New building and lower retaining wall- It is not anticipated that construction of the new building will result in any long term impacts of bighorn sheep in the area. The lower retaining wall needed to stabilize the slope for the new ground level building will result in .84 acres of habitat lost. This is almost exclusively non-native grasses which bighorn do utilize particularly in early spring as they tend to green up faster than native vegetation. This loss could be mitigated by planting a wildlife friendly grass seed mixture with some brome grass in it along the disturbed site of the solar array and other adjacent TOV areas as mentioned above. Timing- The timing of the proposed construction for all three actions is critical. Every effort should be made to avoid major construction during times when the sheep are present. This has been from March — May during the past couple of years. TOV and CPW should monitor for sheep presence prior to and during construction phases and be prepared to either stop certain actions such as blasting or major heavy equipment work and modify other work so that bighorn sheep are not forced to leave the area. This is particularly critical during areas of heavy snow depth when bighorn movements are constrained. Construction during summer and fall time periods should be optimum based on recent bighorn observations. Recreation- The TOV should make every effort to minimize recreation and access to adjacent FS lands from TOV property during winter and early spring time periods when bighorns are present and when snow has constrained movements. This should include not only the public (no plan for new public access) and to employees. Dog use should be prohibited at any time when bighorns are present and as a general rule during winter and early spring. Forest Service Land- The TOV is involved with the FS to look at habitat improvement for bighorn sheep in the Booth Creek area. While this site is of lower overall importance if there are resources available that do not take away from the Booth Creek site then the TOV should work with FS to improve the adjacent areas for bighorns. This could include; fertilization of the grass and shrub communities, modification of any decadent stands of mountain shrubs, use of controlled burns, and seeding with grass mixtures along the property lines if any areas are disturbed. Overall this is the most beneficial for bighorns and will have the most positive impacts as these areas are closest to the escape cover and will keep sheep away from the Work Site and interstate. Monitoring As mentioned earlier, these recommendations are based on the existing information on bighorn sheep observations and not on specific wildlife inventory or research. At a minimum it is recommended that the TOV use a systematic monitoring system to acquire information on bighorn sheep use in the area adjacent to the Work Site from fall of 2019 and on as the project moves forward. This should be coordinated with CPW. This could be TOV employees getting some very basic training, developing some standardized data collection forms and glassing the areas in a systematic fashion a couple of times/week. This would allow the TOV and CPW to get a better idea of when the bighorns show up, how long they stay and ideally what the conditions are (snow depth, green up etc) that might be tied to their stay on this general site. While rudimentary, this information is extremely valuable if collected over time and provides insight into both potential disturbance and impacts and value of mitigation. A more robust sampling system could be developed if the TOV was interested. Comparison with other projects Given the timing of this project and the concern expressed locally by other developments that could potentially impact this bighorn sheep herd I have added some differences between this project and the project in the Booth Creek area proposed by Triumph Development. The bighorn sheep impacted by TOV project to date are only males. Male are typically less impacted by both predation and by human disturbance. They also tend to move around more and have less site fidelity than do ewe/Iamb groups. The overall footprint of the project that this paper has analyzed is less than the overall impact at Booth Creek. As mentioned earlier, further analyses are needed to determine impacts of other phases of the Master Plan build out. The adjacent winter range is of lower quality due to the lack of escape cover when compared to the Booth Creek area. This area has less overall use, not every year, and has been more transient in nature. The Booth Creek area is the core winter range and is occupied annually. VAIL HOMEOWNERS ASSOCIATION August 31, 2019 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 RE: TOV Public Works facility/Retaining Wall variance request Dear Chairman and Commission Members: We write to urge that the PEC deny the Town's request for a variance to build a new retaining wall at the Public Works facility (Phase I of the larger plans to redevelop the entire facility) until the Town submits an Environmental Impact Study with appropriate mitigation measures for the potential harm to the bighorn sheep rams which winter in the area adjacent to and above the facility. As the Commission is aware from proceedings before it over the past several months, that area is the prime winter foraging range for the rams of the East Vail bighorn sheep herd (rams forage separately from ewes and lambs except for the spring mating season), and wildlife experts hired by the Town, as well as CPW, have all recommended that there be a comprehensive plan for sheep survival that includes the Public Works facility redevelopment. And yet, the Town of Vail has stated that it only intends to provide an EIS if it elects to build a solar farm on the hillside above the project even though its application for the retaining wall variance concedes that 36,500 sq. ft. of winter range will be lost due to the fact that the wall will serve to expand the site. Strangely, the application states the retaining wall "is necessary ... in order to reduce the impact on bighorn sheep winter range. " Not explained is how taking away winter range will reduce the impact on the rams. And the variance request ignores the impact on the rams from the construction of that wall (i.e., the excavation and heavy equipment that will be necessary to build the wall), especially if that construction were to take place during the winter period as is the present plan. Beyond that, the rest of the development, which is a massive project, has the potential for even greater disruption of the sheep, even without a solar farm. The Town is not exempt from Code requirements, and those requirements cannot be avoided by piecemeal requests that fail to acknowledge the scope and impact of the entire project or the harm to wildlife. If this were a private developer, the absence of an EIS would be a huge red flag. For those reasons, the VHA urges that the variance request and any other request concerning the Public Works facility should be denied until an EIS and appropriate mitigation plan has been submitted. Providing an EIS should not take inordinate time since much of the work would seem to have already been done in connection with the Booth Heights development. But even if it does, that should be beside the point. The Town has known for some time that the East Vail bighorn sheep herd is in a precarious position and that the bighorn sheep rams winter in the area adjacent and above this facility. There is no excuse for ignoring those facts and getting this right is much more important than rushing headlong into building the retaining wall. The VHA would also urge that in developing a mitigation plan for the bighorn sheep, the Town of Vail should heed the advice of the wildlife experts that it is of "high importance" to do at least the following: 1. Schedule all construction to avoid the most obtrusive disturbance (site clearing, excavation, use of heavy equipment, installation of utilities) from November 15 — June 1. In terms of Phase I and the retaining wall, that would mean that no construction should start before June 1, 2020. 2. Reduce construction related disturbance by providing construction screening around the entire project. Permanent landscape screening should be required as part of the overall project improvements, and the entire project should be enclosed with permanent eight - foot tall cyclone fencing that will prohibit access to bighorn sheep foraging areas. 3. Bighorn sheep foraging areas should be enhanced which should include removal of any jackstraw logs, trimming of shrubs and undergrowth and thinning of woodland areas to provide more open space for sheep foraging. (Sheep will not forage in forested terrain because of predator danger). A controlled burn would be most effective at clearing and rejuvenating but may not be acceptable to the surrounding community. If a controlled burn is not possible, logs and trimmings should be stacked and burned in place, and the open space foraging areas should then be fertilized. Fertilization should be repeated three years later and burned and/or fertilized areas should be periodically treated with herbicide to prevent native vegetation from being replaced by cheat grass or other noxious weeds. 4. There should be permanent closures of foraging areas with appropriate monitoring and enforcement. There should be zero tolerance for violations by construction personnel, Town employees and their family members and/or guests with immediate termination for any violations. Additionally, there should be no dogs allowed at the Public Works facility, by any construction personnel, workers or residents and family members and/or guests. 5. There should be a GPS collar movement study of the entire herd to provide base -line data about the sheep's movement and use of the area to better inform future mitigation efforts. It should involve at least 10 to 12 sheep, including at least 3 rams. The movements of the sheep should be tracked over at least a two-year period, and the resulting data should be periodically posted to a publically accessible website. Very truly your J i Lamon ecutive Director Vail Homeowners Association Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(i�vail.net Web Site: www.vaithomeowners.com City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 25, 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) ATTACHMFKITC- File Name PEC19-0039 Public Works CUP Staff Memo 11.25.19.pdf [Attachment Al [Attachment Bl Vicinity Map.pdf PW Conditional Use Narrative.pdf [Attachment Cl PEC19-0039 Applicant Plans.pdf [Attachment Dl PW Conditional Use Photos.pdf [Attachment El Public Works Geologic Hazards Report + Addendum.pdf [Attachment Fl Public Works Master Plan 1 of 2.pdf [Attachment Fl Public Works Master Plan 2 of 2.pdf [Attachment Gl [Attachment Hl EIR Vail Public Works.pdf VHA Public Comment.pdf Description Staff Memo [Attachment A] Vicinity Map [Attachment B] Applicant Narrative [Attachment C] Applicant Plans [Attachment D] PW Photos [Attachment E] Geologic Hazards Report [Attachment F] Public Works Master Plan 1 of 2 [Attachment F] Public Works Master Plan 2 of 2 [Attachment G] Environmental Impact Report [Attachment H] VHA Public Comment TOWN OF Volt: Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 25, 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: Erik Gates I. 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 28,000 square feet of additional building floor area for the new Streets Building, 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 most buildings and improvements proposed 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 IX of this memorandum. 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 Expanded outdoor 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 2 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 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 3 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 This document includes.- 1. ncludes: 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 j9 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 (in part) 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. Title 12, Zoning Recaulations, 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 5 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 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. 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. n B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and 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(1973) § 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 7 methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds, and prescription of development schedules. 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: 1. 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 E:3 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. (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) V. 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 VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: USFS and Eagle County None South: 1-70 None East: USFS None West: Open Space Agricultural and Open Space 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 expand on the 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 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 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. 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 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 significantly change with the proposed buildings, walls, or uses. A 36 (thirty-six) foot portion of the proposed Streets building will be approximately 2 (two) feet taller on the South face than the adjacent 10 Public Works building. The existing buildings are simple, utilitarian buildings used for storage of heavy equipment. The proposed buildings are an expansion to these existing buildings. The site is not highly visible from nearby properties and is screened with a berm and landscaping to the South. Staff finds that the proposal meets 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. An environmental impact report was submitted with this application identifying a number of potential environmental impacts resulting from this conditional use permit, as noted in Section VIII of this memorandum. A number of mitigation methods were also noted in this report including wildlife friendly reseeding in disturbed areas along the north side of the site, limiting construction activities during peak bighorn sheep grazing periods, continued monitoring of wildlife activity. Other impact mitigation strategies, such as prohibiting recreation north of the site and a prohibition on dogs while sheep are observed on the site, were also identified in the Public Works Master Plan. The Public Works department has been working with Colorado Parks and Wildlife to develop a wildlife management plan that includes monitoring of sheep activity and reseeding with appropriate grasses on the North side of the site. Staff finds that the proposal meets this criterion. 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. An Environmental Impact Report was conducted by Rick Kahn on behalf of the Town for this site and the proposed improvements contained within this application. The report is attached to this memorandum. In this report it was identified that a group of approximately 15 bighorn sheep rams could be impacted by the elimination of about one acre of potential foraging area resulting from construction impacts. While the rockfall berm proposed as part of this application would eliminate some foraging area, it was also identified as a possible barrier to help prevent sheep from accessing 1-70 through this site. Construction activities were identified to likely have 11 the most severe impact on sheep during March — May each year. Bighorn sheep Iambs and ewes were not observed on this site. Mule deer and elk were also observed transitioning through the area north of the Public Works site. Mitigation methods identified in this report are stated to be applicable to sheep, deer, and elk alike. The EIR has been submitted to the Colorado Department of Parks and Wildlife for recommendations, but the applicant is still awaiting these comments. 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. 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) subject to the following conditions.- Conditions onditions: 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." Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit, the Community Development Department recommends the Commission make the following 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 12 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. X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Development Plans from Victor Mark Donaldson Architects D. Site Photos E. Geologic Hazards Report, H -P Kumar, November 6, 2018 F. 2019 Public Works Master Plan G. Environmental Impact Report, Rick Kahn, October 2019 H. Letter of Opposition, Jim Lamont, August 31, 2019 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 PEC 19-0039 REV 01 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 9.500 SF of Shop Bays and a new Streets Building with minor additional Public Works improvements of 23,500 SF on the first floor and 4,500 SF on the second floor. The large existing Greenhouse is to remain to the West of the Streets Building. The Cinders and Mag Chloride are expected to remain. 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. The EIR report has been submitted as part of this application. 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. Rockfall mitigation has been address by the HP Kumar and their recommendation have been incorporated into the site grading plan. 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 urpon 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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F LU U) I O z LU LU (7 011 14 A 4 V Tr 1(+AKWW&A=dat03,h)C.- Geotechnical and Materials Engineers 5020 County Road 154 and Environmental Scientists Glenwood Springs, CO 81601 phone: (970) 945-7988 fax: (970) 945-8454 �— email: kaglenwood@kumarusa.com An Employee wed Company www.kumarusa.com Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, and Summit County, Colorado November 11, 2019 Victor Mark Donaldson Architects Attn: Mark Donaldson P. O. Box 5300 Avon, Colorado 81620 markdA,,vmda.com WMEMNSEUMM Subject: Addendum to Geologic Hazards Review, Proposed Town of Vail Public Works Facility Development, 1309 Elkhorn Drive, Vail, Colorado Gentlemen: As requested by Chris Juergens of Victor Mark Donaldson Architects (VMDA), Kumar & Associates, Inc. has reviewed the proposed grading plan and rockfall hazard mitigation wall design by Martin/Martin, and conducted additional analysis of modeled impact energies along the proposed rockfall hazard mitigation wall. The services were done supplemental to our agreement for professional services to you, dated September 26, 2018, Proposal No. P7-18-713. We previously conducted a Geologic Hazards Review for the proposed development and presented our findings in a report dated November 6, 2018, Project No. 18-7-606, and a subsoil study for foundation design for the proposed development, report dated August 7, 2019, Project No. 18-7-606.01. We have reviewed the proposed preliminary grading plan and rockfall mitigation wall design by Martin/Martin dated::November 9, 2019, Job No. MCI 8.0933. The proposed rockfall hazard mitigation wall with a height of 7 feet and a 6 -foot -wide Swale on the uphill side in the location shown on their plan, sheet C 101 should adequately meet our design recommendations to mitigate the rockfall and debris flow hazard at the subject site. The recommendations presented in our subsoil study dated August 7, 2019, Project No. 16-7-606.01 can be used for the design of the proposed rockfall mitigation wall foundations. We should review the final grading and rockfall mitigation wall plans once they have been developed. The modeled potential rockfall impact energies along the length of the proposed wall are shown on Figure 1. These energies are based on the CRSP results presented in our previous report, the gradient of the natural slope above the wall, and the proximity of the wall to the potential rockfall source area. If you have any questions or need further assistance, please call our office. Victor Mark Donaldson Architects November 11, 20191 Page 2 Sincerely, Kumar & Associates, Inc. �'�� P -- Robert L. Duran, E. I. Reviewed by: Steven L. attachmen apact Energies cc: VMDA — Chris Juergen (chrisj(&,vmda.com Town of Vail — Greg Hall (ghall@,vailgov.com Martin/Martin — Mason Talkington (Intalkington(&martimnartin.com) Kumar & Associates, Inc. 0 Project No. 18-7-606 use West " 420,000 ft—Ib l �) 14 C-- i� 390,000 ft—Ib I.� c + 5' 330,000 ft—Ib ;r I y 7 + 1<« 260,000 ft—lb Terminate wall and tie into existing debris flow berm + o� i I l �f s� Not to scare East 18-7-606 Kumar & Associates Potential Rockfall Impact Energies Fig. 1 H -R KUMAR Geotechnical Engineering [ Engineering Geology Materials Testing I Environmental 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Parker, Glenwood Springs, and Silverthorne, Colorado GEOLOGIC HAZARDS REVIEW PROPOSED TOWN OF VAIL PUBLIC WORKS FACILITY DEVELOPMENT 1309 ELKHORN DRIVE, VAIL EAGLE COUNTY, COLORADO PROJECT NO. 18-7-606 NOVEMBER 6, 2018 PREPARED FOR: VICTOR MARK DONALDSON ARCHITECTS ATTN: MARK DONALDSON P.O. 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 ' ! 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I have a B.S. degree in Wildlife Biology and a Masters in Wildlife Science. I spent 32 years with the Colorado Division of Wildlife (CDW) in many capacities including: District Wildlife Manager 10 years, Statewide Big Game manager 4 years, Wildlife Management Supervisor 15 years and Terrestrial Section Manager for 3 years. During my tenure with CDW I worked on many bighorn sheep projects including trap and transplant, disease monitoring and testing, development on statewide policies and presenting regulations and policies to the Wildlife Commission, Executive leadership and the Colorado legislature. I was a co-author on the Colorado Bighorn Sheep Management Plan 2009-2019 and represented CDW on the Western Association of Wildlife Agencies Bighorn Sheep Working Group. After retirement from CDW I spent 7 years with the National Park Service as a system wide wildlife biologist and worked on bighorn and Dall sheep issues across the western United States and Alaska and represented NPS on the Bighorn Sheep Working Group. As both a CDW and NPS employee I was involved in numerous land use issues and either directly wrote comments or had employees under my direction write comments on impacts to wildlife from many entities including private developers. I am familiar with the various aspects of wildlife mitigation and have been involved in both management and research efforts to determine the effectiveness of various mitigation techniques. My Masters of Science work looked at the impacts of pinyon/juniper chaining on mule deer and small mammals. At the present time I am the owner and principal wildlife biologist for RHK Consulting LLC and formerly worked with the Rocky Mountain Bighorn Society providing technical assistance. Executive Summary - The Town of Vail has submitted a request for a Permit to expand and modify their Public Works facility located at 1289 Elkhorn Drive in Vail. This report details the potential wildlife impacts of this expansion on the adjacent big game habitat and specific impacts to a group of bighorn sheep rams that have used the area primarily during winter and spring. The TOV project has the potential to impact a group of ram bighorn sheep that have used the site and adjacent areas of USFS land sporadically in the past decade. In 2019 a group of —15 sheep used the site from around March- May. Construction will result in approximately 1-1.25 acres of potential foraging area being eliminated and there is concern that construction impacts will be negative if conducted at times when sheep are in the area and constrained by snow that limits movements. Mitigations are recommended that restrict construction to certain times of the year, that require grass planting of key species to mitigate losses, that limit access to the area for recreation, that restrict the use of dogs and recommend further monitoring of bighorn sheep and other wildlife. Project Description- The Town of Vail (TOV) has submitted an application for a Conditional Use Permit to allow for demolition of an existing building, construction of a new building, the construction of a retaining wall and a rock fall berm, expanded storage space for vehicles and construction of a solar array at its existing work center at 1289 Elkhorn Drive in Vail, Colorado. The total expansion is approximately 59,000 square feet of space. There are other projects outlined in the Master Plan however this analysis only related to the specific projects mentioned above. All other developments, including working on the existing housing area should require additional analyses. The analysis will focus primarily on the impacts to a group of bighorn sheep rams that have used this general area including TOV lands and adjacent United States Forest Service lands as part of the their winter and spring habitat use areas. Techniques I reviewed the information sent to me by the TOV including the site plans, permitting request and other appropriate documents. I did a site visit on 30 September with Greg Hall which included looking at existing facilities, looking at proposed sites for development and meeting with various other staff and contractors. In addition, I have been retained by the TOV to provide comments and analysis on another development in the Booth Creek area to the east and during that investigation I spent over 40 hours researching and investigation impacts to this same herd of bighorn sheep on the Booth Creek area about 2-3 miles away. I also interviewed a number of Colorado Parks and Wildlife staff regarding this project including retired individuals with site specific knowledge of this herd and area. Wildlife Background Data- This evaluation will focus almost entirely on bighorn sheep in the vicinity of the Public Works buildings and adjacent lands with the following exception: This area is also used by mule deer and elk primarily as a migration corridor and for transitional range. Neither of these species has spent a significant amount of time on the adjacent areas for the past 5-10 years or longer. This is corroborated by former Colorado Parks and Wildlife District Wildlife Manager Bill Andre and by sightings made by staff at the Work Center. The reason for this is not totally clear, however both mule deer and in particular elk populations have declined dramatically in this game management unit (GMU) over the past 10 years. In addition, it should be mentioned that the entire upper Eagle Valley has seen explosive growth and development over the past 40 years and a dramatic increase in the overall human footprint. This has undoubtedly had negative cumulative impacts on local big game populations. Mitigations recommended for bighorn sheep are also consistent and applicable for both mule deer and elk. If the present trend changes and either mule deer or elk establish either fawning/calving areas or use the area for winter use then the TOV should consider further analysis to better understand local impacts of the full development of the Master Plan. Bighorn Sheep Bighorn sheep use the local area and are part of a local herd designated by CPW as the Gore —Eagles Nest herd (S-2). This herd utilizes a wide area of summer range primarily in the Gore -Eagles Nest Wilderness north and east of Vail on Forest Service lands and winters almost exclusively along the north side of Interstate 70 from the Booth Creek area west to this site due north of the TOV Work Center. Colorado Parks and Wildlife have mapped bighorn sheep ranges including critical winter ranges in this area and the development area are within the mapped winter range. However, it should be noted that this designation was developed over 20 years ago and it is possible that winter range has changed in that time period. While the designations are still important, changes in land use in the general area may have resulted in a contraction of the overall winter ranges. Under ideal circumstances this information should be updated and the best information is obtained via the use of Global Positioning System (GPS) collars on an appropriate sample of bighorn sheep from the resident herd over a multi-year period in order to determine specific seasonal uses of habitat. Bighorn sheep in Colorado have undergone significant population declines since pre -settlement times. Though there was no specific evidence on how many bighorns were present in Colorado at settlement, there were anecdotal accounts which state they were common and widely distributed across the state (George 2009). There are estimates of at least 200,000 bighorn sheep in Colorado in the mid 1800's. At the present time the overall population is about 6,800 animals which is about 3-5% of the pre - settlement estimate. The statewide trend is slightly downward over the past 5 years. The present estimate of the S-2 sheep herd is — 50-65 animals which is down from an estimate of —100 animals in the mid 2000's. This is an important native herd with only one supplemental transplant of bighorns from the Tarryall herd in the late 1940's. From the mid 1980's through the mid 2000's this was one of the largest bighorn sheep herds in the northwest % of Colorado. It has traditionally provided a small number of rams for hunting opportunity and is one of the most important in the state for wildlife viewing given their wintering range adjacent to Interstate 70 and the high amount of winter traffic coming to the Vail Valley and areas to the west. Thus this is a herd of very high importance both locally and statewide. As mentioned earlier, this herd has declined in the mid 2000's anywhere from 35-50%. The reasons are not known, however it is thought that the severe winter conditions of 2007-2008 may have contributed to an all age die off and there has not been recovery in the ensuing decade. At the present time pneumonia related disease is the most critical factor impacting Colorado's bighorn sheep herds, however in certain situations human related impacts on the winter ranges, when sheep movements are constrained and forage is limited, is also a contributing factor to poor population performance. The area adjacent to the TOV site is US Forest Service land and is in not grazed by domestic livestock. It is used exclusively by bands of bighorn sheep rams. Ewes and Iambs have not been noted on the site for over 10 years and rarely if ever prior to that time. The ram band, which had a high count of 15 animals, was present in the winter and spring of 2019 from approximately March through late May. Since 2008 rams have been noted in the general area for at about 3-5 years or about 30-5-40% of the time. However, there has not been a standardized count in that specific area and these are just general observations, so in some years sheep may have used the area and were not noted and may have just used the area for a short period of time. This group of rams has used the south facing hillside just north of the Public Works facility and on occasion has been sighted in and around the TOV lands. Small groups of bighorns have been noted in the area just north of Interstate 70 to the west of the facility on occasions and there are observations of rams moving through the facility in an attempt to move further south towards the Interstate. It is speculated that the rams have been drawn towards the Interstate and the facility to get salt which is used on the Interstate and also stored at the facility. The area adjacent to the TOV site is typical mountain shrub community with native grasses, shrubs, including snowberry and serviceberry and scattered conifers and aspen. There is a small strip of disturbed land adjacent to the power line that separated TOV property from the adjacent USFS lands. Bighorns have been seen utilizing this area on a regular basis particularly around green up in the spring but it is speculative to make statements as to the critical nature of these areas for bighorn sheep in the area. This area has non-native grasses including wheat grass and smooth brome and these species are very attractive to bighorn sheep early in the spring as they tend to green up faster than native grasses and provide key nutrition in the post winter period. The area has only limited amount of bighorn sheep escape cover (steep rocky slopes, with greater than 10% aspect, that provide escape areas from primarily mountain lion predation). This is most likely the reason that the area is only utilized by rams and not ewes and Iambs. Rams are less likely to be victims of lion predation due to their larger body size and horns which can be used for defensive purposes. (George 2009, Schnoeneker 2005) There are two rocky outcrops in the immediate area, the one to the east is larger and provides more escape cover. There are more rocky ledges to the east towards Booth Creek which provide better escape cover and thus that is where the ewe/Iamb groups are found. Due to the sporadic nature of bighorn sheep sightings in this area over the past decade and the lack of any formal studies on this sheep herd in general in the past 25 years it is difficult to fully understand how the proposed developments will impact these specific animals or other groups if they chose to use this general area in the future. While there are certainly cumulative impacts to development and at some point development and habitat loss leads to negative population responses, this work site area has been intensively used for over 40 years. The area has lots of people and vehicle traffic and the specific ram band that used the area in 2019 appeared to be somewhat habituated to this level of disturbance. However, it is not clear what further increased levels would do to their use or what impacts disturbance might have on future groups of bighorns that may choose to use the habitat. Project Details and Mitigation The project areas that are covered by this paper include the following actions taken by the TOV: Instillation of a rock fall berm to be constructed in the area just south of the existing power line near the north end of the TOV property. 4 Instillation of a solar array below the berm extending along the north end of the property from the east side to the west. Construction of a new building and a lower retaining wall in the northwest area of the Public Works site, including demolition of the existing structure and a retaining wall built into the existing hill to stabilize the north side of the site. These actions are to be done in 1-4 years of permit approval. Rock Fall Berm- The rock fall berm is to be constructed on the north end of the TOV property just north of the work center complex. This will result in the removal of .16-.24 acres of existing habitat which has been used by bighorn sheep. As mentioned earlier, this area was used primarily in early spring as the site contained non-native grasses which greened up early and provided some early season foraging. This area has been adjacent to a significant amount of human activity for an extended period of time (>40 years). The proposed berm will have both positive and negative impacts on bighorn sheep. The negative impacts are the loss of a small amount of habitat that provides forage at a critical time. The potential positive impacts is that the berm may provide a barrier to bighorns moving towards 1-70 and may be helpful in minimizing both highway mortality and keeping the bighorns away from attractive nuisances in the work area such as salt storage areas. It is recommended that the berm be built in such a way as to allow bighorn sheep some potential footholds to scramble over the barrier in the event they need to get over. However, I do not recommend adding a specific area in the berm that could allow for easier bighorn sheep or other wildlife access such as a gap in the berm. The thought here is that wildlife and bighorns in particular do not really need to access the areas to the south for specific needs such as forage or for movement. If this is needed there are other areas to the west and east that could potentially allow wildlife access. The loss of these acres of foraging habitat could be mitigated in the following manner; the disturbed site immediately north of the berm should be seeded to a wildlife grass mixture which should include some cool season grasses which would green up early in the spring and provide some forage at that key time. If this area is on Forest Service land the TOV should work with FS to do suitable habitat enhancement in this area to provide better forage. This could include fertilization of the existing vegetation or interseeding with a wildlife friendly seed mixture which would benefit bighorn sheep and other ungulates. Solar array- The solar array has a larger footprint on the land than does the berm or new building as great as 4.5 acres if totally built out. Wildlife impacts of ground mounted solar arrays have not been extensively studies so there is little research available on specific impacts and none on bighorn sheep. Since the solar array is linear and extends along the entire edge of the property during construction it will have an impact on potentially a larger area. One idea for the TOV to consider is to roof mount as much as possible portions of the solar array on the new structure and other buildings which would minimize the overall footprint. If this is not practical, then TOV should try and enhance the areas around the solar array by planting a wildlife grass mixture so that the disturbed sites do not result in noxious weeds and also provide and area for bighorn sheep foraging and help to mitigate the loss of habitat. New building and lower retaining wall- It is not anticipated that construction of the new building will result in any long term impacts of bighorn sheep in the area. The lower retaining wall needed to stabilize the slope for the new ground level building will result in .84 acres of habitat lost. This is almost exclusively non-native grasses which bighorn do utilize particularly in early spring as they tend to green up faster than native vegetation. This loss could be mitigated by planting a wildlife friendly grass seed mixture with some brome grass in it along the disturbed site of the solar array and other adjacent TOV areas as mentioned above. Timing- The timing of the proposed construction for all three actions is critical. Every effort should be made to avoid major construction during times when the sheep are present. This has been from March — May during the past couple of years. TOV and CPW should monitor for sheep presence prior to and during construction phases and be prepared to either stop certain actions such as blasting or major heavy equipment work and modify other work so that bighorn sheep are not forced to leave the area. This is particularly critical during areas of heavy snow depth when bighorn movements are constrained. Construction during summer and fall time periods should be optimum based on recent bighorn observations. Recreation- The TOV should make every effort to minimize recreation and access to adjacent FS lands from TOV property during winter and early spring time periods when bighorns are present and when snow has constrained movements. This should include not only the public (no plan for new public access) and to employees. Dog use should be prohibited at any time when bighorns are present and as a general rule during winter and early spring. Forest Service Land- The TOV is involved with the FS to look at habitat improvement for bighorn sheep in the Booth Creek area. While this site is of lower overall importance if there are resources available that do not take away from the Booth Creek site then the TOV should work with FS to improve the adjacent areas for bighorns. This could include; fertilization of the grass and shrub communities, modification of any decadent stands of mountain shrubs, use of controlled burns, and seeding with grass mixtures along the property lines if any areas are disturbed. Overall this is the most beneficial for bighorns and will have the most positive impacts as these areas are closest to the escape cover and will keep sheep away from the Work Site and interstate. Monitoring As mentioned earlier, these recommendations are based on the existing information on bighorn sheep observations and not on specific wildlife inventory or research. At a minimum it is recommended that the TOV use a systematic monitoring system to acquire information on bighorn sheep use in the area adjacent to the Work Site from fall of 2019 and on as the project moves forward. This should be coordinated with CPW. This could be TOV employees getting some very basic training, developing some standardized data collection forms and glassing the areas in a systematic fashion a couple of times/week. This would allow the TOV and CPW to get a better idea of when the bighorns show up, how long they stay and ideally what the conditions are (snow depth, green up etc) that might be tied to their stay on this general site. While rudimentary, this information is extremely valuable if collected over time and provides insight into both potential disturbance and impacts and value of mitigation. A more robust sampling system could be developed if the TOV was interested. Comparison with other projects Given the timing of this project and the concern expressed locally by other developments that could potentially impact this bighorn sheep herd I have added some differences between this project and the project in the Booth Creek area proposed by Triumph Development. The bighorn sheep impacted by TOV project to date are only males. Male are typically less impacted by both predation and by human disturbance. They also tend to move around more and have less site fidelity than do ewe/Iamb groups. The overall footprint of the project that this paper has analyzed is less than the overall impact at Booth Creek. As mentioned earlier, further analyses are needed to determine impacts of other phases of the Master Plan build out. The adjacent winter range is of lower quality due to the lack of escape cover when compared to the Booth Creek area. This area has less overall use, not every year, and has been more transient in nature. The Booth Creek area is the core winter range and is occupied annually. VAIL HOMEOWNERS ASSOCIATION August 31, 2019 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 RE: TOV Public Works facility/Retaining Wall variance request Dear Chairman and Commission Members: We write to urge that the PEC deny the Town's request for a variance to build a new retaining wall at the Public Works facility (Phase I of the larger plans to redevelop the entire facility) until the Town submits an Environmental Impact Study with appropriate mitigation measures for the potential harm to the bighorn sheep rams which winter in the area adjacent to and above the facility. As the Commission is aware from proceedings before it over the past several months, that area is the prime winter foraging range for the rams of the East Vail bighorn sheep herd (rams forage separately from ewes and lambs except for the spring mating season), and wildlife experts hired by the Town, as well as CPW, have all recommended that there be a comprehensive plan for sheep survival that includes the Public Works facility redevelopment. And yet, the Town of Vail has stated that it only intends to provide an EIS if it elects to build a solar farm on the hillside above the project even though its application for the retaining wall variance concedes that 36,500 sq. ft. of winter range will be lost due to the fact that the wall will serve to expand the site. Strangely, the application states the retaining wall "is necessary ... in order to reduce the impact on bighorn sheep winter range. " Not explained is how taking away winter range will reduce the impact on the rams. And the variance request ignores the impact on the rams from the construction of that wall (i.e., the excavation and heavy equipment that will be necessary to build the wall), especially if that construction were to take place during the winter period as is the present plan. Beyond that, the rest of the development, which is a massive project, has the potential for even greater disruption of the sheep, even without a solar farm. The Town is not exempt from Code requirements, and those requirements cannot be avoided by piecemeal requests that fail to acknowledge the scope and impact of the entire project or the harm to wildlife. If this were a private developer, the absence of an EIS would be a huge red flag. For those reasons, the VHA urges that the variance request and any other request concerning the Public Works facility should be denied until an EIS and appropriate mitigation plan has been submitted. Providing an EIS should not take inordinate time since much of the work would seem to have already been done in connection with the Booth Heights development. But even if it does, that should be beside the point. The Town has known for some time that the East Vail bighorn sheep herd is in a precarious position and that the bighorn sheep rams winter in the area adjacent and above this facility. There is no excuse for ignoring those facts and getting this right is much more important than rushing headlong into building the retaining wall. The VHA would also urge that in developing a mitigation plan for the bighorn sheep, the Town of Vail should heed the advice of the wildlife experts that it is of "high importance" to do at least the following: 1. Schedule all construction to avoid the most obtrusive disturbance (site clearing, excavation, use of heavy equipment, installation of utilities) from November 15 — June 1. In terms of Phase I and the retaining wall, that would mean that no construction should start before June 1, 2020. 2. Reduce construction related disturbance by providing construction screening around the entire project. Permanent landscape screening should be required as part of the overall project improvements, and the entire project should be enclosed with permanent eight - foot tall cyclone fencing that will prohibit access to bighorn sheep foraging areas. 3. Bighorn sheep foraging areas should be enhanced which should include removal of any jackstraw logs, trimming of shrubs and undergrowth and thinning of woodland areas to provide more open space for sheep foraging. (Sheep will not forage in forested terrain because of predator danger). A controlled burn would be most effective at clearing and rejuvenating but may not be acceptable to the surrounding community. If a controlled burn is not possible, logs and trimmings should be stacked and burned in place, and the open space foraging areas should then be fertilized. Fertilization should be repeated three years later and burned and/or fertilized areas should be periodically treated with herbicide to prevent native vegetation from being replaced by cheat grass or other noxious weeds. 4. There should be permanent closures of foraging areas with appropriate monitoring and enforcement. There should be zero tolerance for violations by construction personnel, Town employees and their family members and/or guests with immediate termination for any violations. Additionally, there should be no dogs allowed at the Public Works facility, by any construction personnel, workers or residents and family members and/or guests. 5. There should be a GPS collar movement study of the entire herd to provide base -line data about the sheep's movement and use of the area to better inform future mitigation efforts. It should involve at least 10 to 12 sheep, including at least 3 rams. The movements of the sheep should be tracked over at least a two-year period, and the resulting data should be periodically posted to a publically accessible website. Very truly your J i Lamon ecutive Director Vail Homeowners Association Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(i�vail.net Web Site: www.vaithomeowners.com City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: November 11, 2019 PEC Results ATTACHMENTS: File Name Description Pec results 111119.0 November 11, 2019 PEC Results TOW?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 Ad #: 0000513518-01 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 11/22/2019 and that the last publication of said notice was dated 11 /22/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/3/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 12/3/2019. p I �1 1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEMi.YNN ME WA tl"', PU$LiC, 6TAT£Oi'Lwt 14RDC N08ARY!Q:ldtf�§0g939A' A±Y GGAgdI;SIDH PXo71lw4AUGi18T9,g[0i' PLANNING AND ENVIRONMENTAL COMMISSION November 25, 2019,1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to oder 1.1. Attendance Main Agenda 2.1. This appeal has been vacated and will no longer be heard. An appe I, pursuant. Section 12-3-3, Appeals, Vail Town Code, of an interq talon by the Admtrator of Me Communi(y Oevebpme t Dejladment ning Section 12-6D-8: Density Corarol, Vtil Town Code, regarding Potential redevelopment of the property located a12417 Chamcna La 1.20 Block A, Vat Das Schone Filing No. 1, and selling loth details In regards thereto (TC18-00261 Ap�l rnt: JJhne lergP—rapresentoo by WasTravers Perkins, LLC 2.2. Allreguesl for review of as aria,ce horn Sec for, 14.6.7, Retaining Wells, Vail Town Code, pursuant M Title 12 Chapter 17, Variances, Veil Town Cotle, to Ilour for a retaining wall in excess of six (6) feat tall at the Tom of Val Public Works facility located at 1289 Elkhorn Drive/Unplotted, and setting forth details in ggardthereto. (PEC19-0041)75 min. APP licant: Town of Vail, repeseMod by Victor Mark Donaldson Architects Planner: Erik Gates 2.3. A reauest for revie, of a Conditional Use Permit oursuant m Section 12- 9C3. condiftl use permit for the Town of Vail Puwlc Works taculry located at 1289 Elkhorn Ddve/Unpletlad, and setting in. details in regard there.. (PEC19-0039) 5 min. Applicant: Town of Vail, represented by Victor Math Donaldson Architects Planner: Erik Gates 3. Approval of Minutes 3.1. November 11, 2019 PEC ResulN Adjournment The applications and information about the proposals are available for public inspection during gularol- tiw hours at the Town of Veil Community Development DepeNneM, ]5 South Frontage Road. The W folic is Invited to attend the protect orlenfatbn end the site visits Mat precede the pudic hearing In the Town of Vail Community Development Departrnent. Times and order of items are approximate, subj.dW change, and cannot be relied upon to determine at what time the Planning and Erwironmenlai Commission will corn older an Ilam. Please call (8]Oi 4]8-2136 for adtli8onal In onnatbn. Please call ]11.r sign language Inter- .—un48 hour prior. meeang time. Community Development Deparanent Published in the Vail Daily November 22, 2019. 0000513515 Ad #: 0000507839-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 Environmental Commission of the Town of Vail will holdapublI,hearingm—rdancewith se on PROOF OF PUBLICATION 12-0-6, VaII Town Cotle, on Nowmbar 25, 2018 at 1.00 Pm In the Town of Vail Munklpal Building. An appeal, pursuant to Section 12-3-3, Appeals, Vail VAIL DAILY Town of the Community Deveopmtent Dep menl the "croon. STATE OF COLORADO mingeeSggeclion 12-6D-B: Density Control, Vail Town ProckA,VanD at 24x7 ChamonixLaneiLot20, COUNTY OF EAGLE Block A, Vail Das Schon- Filing No. 1, and selling ortM1tletalsinregaMstheeo. (TC19-0028) Appellant: Jnhn R_ Bergey, represented by Wear Travers Perkins, LLC I, Mark Wurzer, do solemnly swear that I am Publisher of Planner: Jonathan Span. the VAIL DAILY, that the same daily newspaper printed, in The applications and information about the prooW ,- IsareevwIablefc Wblicinsp.Ii during pment hours at the Town of Vail Comgmunl De whole or in part and published in the County of Eagle, 1. tea saw South Fronde is Please-11 Public State of Colorado, and has a general circulation therein, fo additiongi in, isil win Wwailg,—. planning that said newspaper has been published continuously and Sign in language terpretation ilable upon request with 24-hour notification, dial ava711. uninterruptedly in said County of Eagle fora period of Published November 6, 2019 In the Vail Dally. more than fifty-two consecutive weeks next prior to the 0000507839 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. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 rebrarew RDaL�.D. iGFF <7i'Ll7l{14PD(3 ppTARY'[7:ldSfd0g938g' N'/ Cf,;SIDH %'%i•'71lw4AliGi15T9,2�' Ad #: 0000510405-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN "'Me Plenning and Your account number is: 1023233 Environmental Commission of the Town of Vail will holdapublichearingin rdancewiMsecroonl2- 3-6, Vail Town Code, on November 25, 2018 st PROOF OF PUBLICATION 1.00 pm in Me Town of Vall Municipal Building. The appeal, noted below and previouslyad— VAIL DAILY hm has been —tad and will no longer be An appeal, pursuant to Section 12-3-3, Appeals, STATE OF COLORADO Vail Town Code, rfaninterpretationbyMeAdminis- Mator of the Community Developme�rynt Department COUNTY OF EAGLE Taw cies 9ab�e wremai sede.IW"niaa the property locffied at 241] Chemo— Lana/Lot 20, Block A, Val Des Schone Filing No. 1, and set - I, Mark Wurzer, do solemnly swear that I am Publisher of ting MM detalls In regards Merero. C19-0028) the VAIL DAILY, that the same daily newspaper printed, in Appellant: John R. Bergey, represented by Wear Travers Perkins, LLC Planner: JonaMan Spence whole or in part and published in the County of Eagle, The applications and ind—ation aboutthepropos- State of Colorado, and has a general circulation therein, n�us`at the Town°otpV l`c ..unity oe"ePPma t that said newspaper has been published continuously and D. 7575 SouM Frontage Road. The public ' m ted Mand sita—,b,. Pleasacall9 o -a» 2138 or visit www.-iIg—..rn/planning for addilon- uninterruptedly in said County of Eagle for a period of alintormation. than fifty-two to the sign language in eryretanon .. ilable upon re more consecutive weeks next prior y p quest wiM 24-hour nofification, dial 711. first publication of the annexed legal notice or Published November 15, 2019 In the Val Dally. advertisement and that said newspaper has published the 0000510405 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 11/15/2019 and that the last publication of said notice was dated 11 /15/2019 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 rt4Lals�6 rebrarew RuaL�.D. ppTARY'[7:ld56k09938A' N'/ Cf,;SI�N %'%471lw4AliGi15T9,2�'