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HomeMy WebLinkAbout2020-04-21 Agenda and Supporting Documentation Town Council Evening Meeting VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Virtual 6:00 P M, April 21, 2020 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Town of Vail Council Meeting to be Held Virtually this Week Stream the Meeting Live via https://www.highfivemedia.org/live-five. 1.1.Link to High Five 2.Citizen Participation (10 min.) 3.Any action as a result of executive session 4.Consent Agenda (5 min.) 4.1.Resolution No. 10, Series of 2020, A Resolution Adopting the March 2020 Updated Chamonix Vail Employee Housing Guidelines Background: All homes located within Chamonix Vail are subject to a Deed Restriction Agreement for the Occupancy and Transfer of Chamonix Vail Community Residential Dwelling Units.The Chamonix Vail Employee Housing Guidelines (the “Guidelines”) are intended to supplement the Deed Restriction and may be updated from time to time by the Town. Updated Guidelines to permit the Town to transfer any residential unit it owns within Chamonix Vail to a buyer selected by the Town without utilizing the lottery process set forth in the Guidelines has to be approved by the Vail Town Council. Staff Recommendation: Council approves and adopt the March 2020 Updated Guidelines 4.2.Vail Nature Center Contract Approval. Background: The Town of Vail contracts with Walking Mountains Science for operations and programming at the Vail Nature Center. Staff Recommendation: Staff recommends the Vail Town Council direct the Town Manager to enter into a Professional Services Agreement with W alking Mountains Science Center in the amount of $75,000 for the 2020 season. April 21, 2020 - Page 1 of 126 5.Town Manager Report 5.1.Community Recovery Planning Update 10 min. Presenter(s): Scott Robson, Town Manager 5.2.East Vail W ildlife Habitat Update 10 min. Presenter(s): Scott Robson, Town Manager 6.Action Items 6.1.Resolution No. 16, Series of 2020, A Resolution Adopting the Community W ildfire Protection Plan to I dentify Areas W here W ildfire Hazard and Community Values I ntersect and Create Strategies to Reduce the Potential I mpacts of W ildfire and Setting Forth Details in Regard Thereto 30 min. Presenter(s): Paul Cada-W ildland Program Manager; Mark Novak - Fire Chief Action Requested of Council: Approve, approve with amendments or deny Resolution No. 16, Series of 2020. Background: A Community W ildfire Protection Plan (C W P P) is an essential element in the Fire Adapted Vail strategic framework and provides the foundation for future wildland fire mitigation projects in and around the Town of Vail. Having an adopted C W P P is also a requirement for most wildfire mitigation grants. Staff Recommendation: Approve Resoltion No. 16, Series of 2020 7.Public Hearings 7.1.Ordinance No.2, Series of 2020 - Rezoning 366 Hanson Ranch Road (Vailpoint) 5 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: P URS UA NT TO A N E ME RGE NC Y ORD E R, D ATE D A P RI L 15, 2020, THI S I TE M HA S B E E N P OS TP ONE D UNTI L S UC H A TI ME A S A N I N-P E RS ON P UB LI C HE A RI NG MAY B E HE L D. 7.2.Ordinance No. 3, Series of 2020 - First Reading - Rezoning 2211 N. Frontage Road 5 min. Presenter(s): Greg Roy, Planner Action Requested of Council: P URS UA NT TO A N E ME RGE NC Y ORD E R, D ATE D A P RI L 15, 2020, THI S I TE M HA S B E E N P OS TP ONE D UNTI L S UC H A TI ME A S A N I N-P E RS ON P UB LI C HE A RI NG MAY B E HE L D. 7.3.Ordinance No. 4, Series of 2020 - First Reading - Establishment of a New Special Development District - 2211 N. Frontage Road 5 min. Presenter(s): Greg Roy, Planner Action Requested of Council: P URS UA NT TO A N E ME RGE NC Y ORD E R, D ATE D A P RI L 15, 2020, THI S I TE M HA S B E E N P OS TP ONE D UNTI L S UC H A TI ME A S A N I N-P E RS ON P UB LI C HE A RI NG MAY B E HE L D. 8.Adjournment 8.1.Adjournment 7:15 pm (estimate) April 21, 2020 - Page 2 of 126 Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. April 21, 2020 - Page 3 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: L ink to High Five April 21, 2020 - Page 4 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 10, S eries of 2020, A Resolution Adopting the March 2020 Updated Chamonix Vail Employee Housing Guidelines B AC K G RO UND: All homes located within Chamonix Vail are subject to a Deed Restriction A greement for the Occupancy and Transfer of Chamonix Vail Community Residential Dwelling Units.The Chamonix Vail E mployee Housing Guidelines (the “Guidelines”) are intended to supplement the Deed Restriction and may be updated from time to time by the Town. Updated Guidelines to permit the Town to transfer any residential unit it owns within Chamonix Vail to a buyer selected by the Town without utilizing the lottery process set forth in the Guidelines has to be approved by the Vail Town Council. S TAF F RE C O M M E ND AT IO N: Council approves and adopt the March 2020 Updated Guidelines AT TAC H ME N TS: Description Resolution No. 10, Series of 2020 April 21, 2020 - Page 5 of 126 RESOLUTION NO. 10 Series of 2020 A RESOLUTION ADOPTING THE MARCH 2020 UPDATED CHAMONIX VAIL EMPLOYEE HOUSING GUIDELINES WHEREAS, the Town developed the Chamonix Vail Community, a residential deed restricted residential housing community (“Chamonix Vail”); WHEREAS, all homes located within Chamonix Vail are subject to a Deed Restriction Agreement for the Occupancy and Transfer of Chamonix Vail Community Residential Dwelling Units (the “Deed Restriction”); WHEREAS, the Chamonix Vail Employee Housing Guidelines (the “Guidelines”) are intended to supplement the Deed Restriction and may be updated from time to time by the Town; and WHEREAS, the Town wishes to adopt updated Guidelines (the “March 2020 Updated Guidelines”) to permit the Town to transfer any residential unit it owns within Chamonix Vail to a buyer selected by the Town without utilizing the lottery process set forth in the Guidelines; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves and adopts the March 2020 Updated Guidelines in the form attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 17th day of March 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk April 21, 2020 - Page 6 of 126 1 3/12/2020 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\MARCH 2020 CHAMONIX VAIL HOUSING GUIDLINEES.DOCX EXHIBIT A CHAMONIX VAIL EMPLOYEE HOUSING GUIDELINES (March 2020) 1. General. These Guidelines are intended to supplement the Deed Restriction Agreement for the Occupancy and Occupancy of the Chamonix Vail Residential Dwelling Units (the "Deed Restriction"). These Guidelines may be updated by Town staff as necessary, and the current version of these Guidelines shall always control over any prior version. In the event of any conflict between these Guidelines and the Deed Restriction, the Deed Restriction shall control. 2. Occupancy. a. Leasing. If an Owner leases the Property, the lease shall include a clear reference to the Deed Restriction and a brief summary of the Deed Restriction, and shall by reference incorporate the terms and conditions of this Deed Restriction. Copies of all leases shall be filed with the Town during the annual verification process. b. Leave of Absence. A leave of absence may be granted for one year, subject to Town approval, upon clear and convincing written evidence which shows a reason for leaving and a commitment to return to the Town. Such written evidence shall be presented to the Town at least 30 days prior to leaving. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extend ed for one year, but in no event shall it exceed two years. The Property must be rented during the leave to one or more Qualified Tenants in accordance with the Deed Restriction. c. Disability. Should a Qualified Owner become disabled and, because of such disability, be unable to meet the requirements of the Deed Restriction to remain a Qualified Owner, the Qualified Owner shall notify the Town, in writing, of the nature of the disability. If the disability is permanent, the Qualified Owner shall remain a Qualified Owner despite the disability. If the disability is temporary and the Qualified Owner becomes able to return to work, to remain a Qualified Owner, the Qualified Owner must return to work when the disability ceases. Notwithstanding anything to the contrary in these Guidelines or the Deed Restriction, the Town will make all reasonable accommodations necessary under the Americans with Disability Act. d. Annual Verification. As provided in the Deed Restriction, no later than February 1st of each year, every Owner shall submit a sworn affidavit, on a form provided by the Town, verifying that the Property is occupied in accordance with the Deed Restriction and these Guidelines. The affidavit shall be accompanied by the following supporting documentation: April 21, 2020 - Page 7 of 126 2 3/12/2020 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\MARCH 2020 CHAMONIX VAIL HOUSING GUIDLINEES.DOCX i. Verification of current employment and employment during the prior year (paystubs with employer's name, address and contact information); ii. Signed authorization allowing the Town discuss employment details with the Owner's employer; iii. The Owner's federal income tax return from the prior year, together with an executed Internal Revenue Service Form 8821 or equivalent; iv. If the Property was leased during the prior year, copies of all leases of the Property during the prior year; and v. If the Property was leased during the prior year, the information set forth in subsections i.-iii. for each Qualified Tenant. 3. Permitted Capital Improvements. a. For purposes of determining the Maximum Resale Price, Permitted Capital Improvements shall include only the following: i. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and maintenance; ii. Improvements for energy and water conservation; iii. Improvements for health and safety protection devices; iv. Improvements to add or finish permanent/fixed storage space; v. Improvements to finish unfinished space; or vi. Replacement of the following: new carpet and carpet pad; new hardwood, wood laminate, or tile floors and base; new Energy Star-rated appliances (including without limitation clothes washer and dryer, refrigerator, range, dishwasher and built-in microwave); new baseboard, window casing and interior doors when the entire Property is finished in an identical material and quality; and new kitchen or bathroom countertops. b. Permitted Capital Improvements shall be depreciated as follows: i. 75% of the cost will be included in the Maximum Resale Price if the improvement has been installed within 12 months of listing the Property. ii. 50% of the cost will be included in the Maximum Resale Price if the improvement has been installed in greater than 12 months and less than 36 months of listing the Property. April 21, 2020 - Page 8 of 126 3 3/12/2020 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\MARCH 2020 CHAMONIX VAIL HOUSING GUIDLINEES.DOCX iii. 25% of the cost will be included in the Maximum Resale Price if the improvement has been installed in greater than 36 months and less than 60 months of listing the Property. iv. No cost will be included in the Maximum Resale Price if the improvement has been installed more than 5 years prior to listing the Property. v. For energy or water conservation Permitted Capital Improvements, including without limitation solar panels, the amount of the cost to be included in the Maximum Resale Price shall be reduced by the amount of any rebates received, and shall then be depreciated by 4% each year. c. The following improvements shall not be considered Permitted Capital Improvements: i. Decks or balconies; ii. Jacuzzis, saunas and steam showers; iii. Repair, replacement or maintenance of existing fixtures, appliances, plumbing and mechanical fixtures; iv. Painting; or v. Decorative items, including without limitation lights and window coverings. d. The following costs shall apply to Permitted Capital Improvements, regardless of the price actually paid, and no additional amounts shall be added for installation, labor or "sweat equity": Carpet and Pad $4.00/square foot Hardwood or Wood Laminate $7.00/per square foot Tile Floor and Base $10.00/square foot Clothes Washer $800.00 Clothes Dryer $800.00 Refrigerator $1,500.00 Range $900.00 Dishwasher $500.00 Over-the-Range Microwave $400.00 Baseboard $5.00/linear foot April 21, 2020 - Page 9 of 126 4 3/12/2020 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\MARCH 2020 CHAMONIX VAIL HOUSING GUIDLINEES.DOCX Window Casing $4.00/linear foot Interior Doors $200.00/door Counter $50.00/square foot Bath Tub Surround $5.00/square foot e. Notwithstanding the costs set forth herein, the amount for Permitted Capital Improvements shall not exceed 15% of the original Purchase Price paid by the Owner selling the Property, provided that, for every 10-year period commencing on the Effective Date, another 15% of the original Purchase Price may be added to the value of the Property for Permitted Capital Improvements. 4. Listing. a. Town's Role. Town staff are not licensed brokers, but instead, act as representatives of the Town and its interests. All sellers and purchasers are advised to consult legal counsel regarding examination of title and all contracts, agreements and documents, at their own expense. b. Advertising. Upon listing, the Town will advertise the sale of the Property in two consecutive Friday editions of the Vail Daily. c. Open Houses. The Town will coordinate with the selling Owner to establish two open house dates when the Property may be viewed by interested parties. e. Fee. Prior to or at closing, the selling Owner shall pay the Town a nonrefundable listing fee equal to 2% of the Maximum Resale Price, regardless of the final purchase price for the Property. The Town may instruct the title company to pay said fees to the Town out of the funds held for the selling Owner at the closing. 5. Lottery. a. Eligibility. To be eligible to enter the lottery to purchase a Property, the applicant must: be a Qualified Buyer; be prequalified with a mortgage lender; and file a complete application with the Town on forms provided by the Town. b. Application. In addition to the application form, each applicant shall submit the following information: i. The last 4 years of federal income tax returns, together with an executed Internal Revenue Service Form 8821 or equivalent; ii. Verification of current employment (i.e., paystubs with employer name, address and contact information); iii. Proof of current residency; April 21, 2020 - Page 10 of 126 5 3/12/2020 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\MARCH 2020 CHAMONIX VAIL HOUSING GUIDLINEES.DOCX iv. Valid Colorado driver's license or identification card; v. Prequalification letter from the lender; vi. A description of any co-ownership interests (joint tenancy, tenancy in common); and vii. A signed authorization allowing the Town to discuss employment details with the applicant's employer. c. Drawing. On the date and at the time selected by the Town, the Town shall conduct a random drawing from the pool of eligible applicants. The Town will notify the selected Qualified Buyer as soon as practicable after the lottery. Within 5 days of notification from the Town, the selected Qualified Buyer shall make a written, binding offer to the selling Owner, using Colorado standard real estate forms. d. Purchase and Sale Contract. If the selected Qualified Buyer and the selling Owner are successful in their negotiations, they will enter into a purchase and sale contract, using Colorado standard real estate forms. If the negotiations fail, the Town will hold another drawing, and notify the next selected Qualified Buyer. This process will continue until the Property is under contract for sale. e. Records. Every application and any accompanying documentati on shall become the property of the Town and will not be returned to any applicant. All applicants should be aware that the Town is subject to the Colorado Open Records Act, C.R.S. § 24-72-200.1, et seq. ("CORA"), and as such, the Town may be required to release portions of an application that are not considered confidential under applicable law. The applicant shall have no recourse against the Town for release of any information in response to a CORA request or a court order. f. Additional Information. Nothing herein shall prevent the Town from requesting and requiring the submission of reasonable additional information to assist the Town in determining eligibility. 6. Town Purchase. a. Eligibility. As provided in the Deed Restriction, the Town will always be a Qualified Buyer. b. Process. Upon receipt of a listing request for a Property, the Town may, in its sole discretion, elect to purchase the Property, in lieu of following the lottery proce ss set forth in Section 5 hereof. Should the Town so elect, the Town will offer the selling Owner the Maximum Resale Price and thereafter purchase the Property. c. Sale. If the Town purchases a Property, the Town may thereafter sell the Property to any Qualified Buyer. The Town may determine, in its sole discretion, whether to follow the lottery process in Section 5, or whether to sell the Property to a Qualified Buyer selected by the Town outside of the lottery process. April 21, 2020 - Page 11 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Vail Nature Center Contract A pproval. AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Vail Town Council review the Vail Nature Center P rofessional S ervices Agreement. B AC K G RO UND: The Town of Vail contracts with Walking Mountains S cience for operations and programming at the Vail Nature Center. S TAF F RE C O M M E ND AT IO N: Staff recommends the Vail Town Council direct the Town Manager to enter into a P rofessional S ervices Agreement with Walking Mountains Science Center in the amount of $75,000 for the 2020 season. AT TAC H ME N TS: Description Vail Nature Center P S A April 21, 2020 - Page 12 of 126 1 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of April, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and Walking Mountains Science Center, a non- profit organization with a principal place of business at Walking Mountains Lane, Avon, CO ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I.SCOPE OF SERVICES A.Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B.A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II.TERM AND TERMINATION A.This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B.Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III.COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $75,000. This amount shall include all fees, costs and April 21, 2020 - Page 13 of 126 2 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV.PROFESSIONAL RESPONSIBILITY A.Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B.The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C.Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. V.OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI.INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII.INSURANCE A.Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, April 21, 2020 - Page 14 of 126 3 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2.Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3.Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B.Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C.Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to April 21, 2020 - Page 15 of 126 4 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX.ILLEGAL ALIENS A.Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B.Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1.If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2.Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3.If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. April 21, 2020 - Page 16 of 126 5 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX D.Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E.Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X.MISCELLANEOUS A.Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B.No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C.Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D.Third Parties. There are no intended third-party beneficiaries to this Agreement. E.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F.Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G.Modification. This Agreement may only be modified upon written agreement of the Parties. H.Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I.Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. April 21, 2020 - Page 17 of 126 6 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX J.Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) Markian Feduschak, President ) ss. Walking Mountains Science Center COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2020, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public April 21, 2020 - Page 18 of 126 EXHIBIT A SCOPE OF SERVICES Vail Nature Center Summer 2020 The Contractor will operate the following programs at the Vail Nature Center: Wildflower Walk – (1 hour, 3 days per week) A leisurely one-hour walk through the woods and meadows in which guests learn about the flowers that carpet the mountains and the conditions they need to thrive. Morning Bird Walk – (1 hour, 2 days per week) A morning walk through the meadows and woods along the Gore Creek where guests learn about a great variety of birds, what they need to survive, and to attract birds to their own backyards. Beaver Pond Tour – (1.75 hours, 2 evenings per week) The guest experience begins at the Nature Center with a brief presentation about beavers, followed by a drive to a beaver pond and active lodge. Stories in the Sky: Stargazing – (1.5 hours, 1 evening per week) Participants experience the mountains of Vail under the stars like never before. From endless constellations and cascading shooting stars to full moons almost as bright as the sun. S’Mores and More: Family Campfire Program – (1.5 hours, 2 evenings per week) A warm campfire, exciting stories of woodland adventures and the sweet smell of burning marshmallows fill this family program at the Vail Nature Center. Creekside Nature Tours – (1 hour, 2 times per Farmer’s Market) a casual stroll along Vail’s streamside paths. Tours depart from the Walking Mountains Science Center booth at the Vail Farmers’ Market on Sundays throughout the summer. Adult Full-Day Nature Hikes & Hiking Club - Summer naturalist guides from the Nature Center lead participants on all-day hikes throughout the Holy Cross and Eagles Nest Wilderness areas. Hikes are at a pace that allows participants to enjoy the flora and fauna along the trail. Participants should be in healthy condition and accustomed to the altitude. Hike participants should bring extra clothing, rain gear, lunch, trail snacks, water and a camera. Transportation is provided from the Nature Center. Dogs are not allowed. Adult Half-Day Wildflower Hikes - In the Rockies, we are fortunate to be surrounded by an abundance of beauty and biodiversity. Participants learn the basic skills needed to identify local plants, as well as fascinating information about their historic and modern uses. Naturalists lead a leisurely hike on various trails in the Vail area. While easier and slower-paced than full-day hikes, participants must be able to hike 3-6 miles at high altitude. Hiking participants should bring rain gear, trail snacks, water and a camera. Participants should wear sturdy footwear that is comfortable. Transportation is provided from the Nature Center. Dogs are not allowed. April 21, 2020 - Page 19 of 126 Adult Art in Nature Workshops (Photography, Drawing, and/or Watercolors) – Participants spend an enjoyable morning exploring the beauty of the Vail Valley, learning easy techniques and tricks that will immediately improve photography skills. Participants learn the foundation to better pictures through composition and using a camera and eye to their fullest potential. Participants discover how to visualize a scene and how it translates into an image as well as what to look for from the grandest panorama to the tiniest detail. Youth Learn to Think Like a Trout (4 hours, 1 day per week; tentative for 2019) - The fly-fishing program takes place on select days throughout the summer and is comprised of education about ecosystem and entomology (study of insects), as well as basic tools and knowledge of fly-fishing. Fishing equipment is provided. Youth Wild Artists - Youth participants enjoy classes that engage artists of all skill levels in the natural world while offering nature enthusiasts the opportunity to express themselves artistically. The Nature Center partners with the Town of Vail's Art in Public Places program to offer these classes. Art in Nature youth programs take place outside the Nature Center. Materials included. Volunteer Days – Volunteer groups and students assist with trail maintenance and invasive weeds. Drop-in Activity Programming – (2 hours, 5 days per week) The Contractor is responsible for all services above and staffing of the Nature Center, excluding the cost of electrical service, maintenance and cleaning of the interior and exterior of the VNC, including exhibits within the VNC or on the grounds, facilities, signage, and seating, telephone and internet service. 1. Contractor’s Obligations. Contractor shall: (a) Provide all staffing and cover all related costs of wages, contract labor, benefits, payroll taxes, workers comp, uniforms, cell phones, and other costs required to run the Programs. (b) Provide one van for use in transporting staff and Program participants. (c) Supply all operating goods such as supplies, food, inventory or retail items for sale, computer and office supplies, bank and credit card fees, and all other costs required for all Program operations. (d) Pay all of the costs to maintain the required licenses from the US Forest Service and any other permits required for programs offered at the Vail Nature Center; all such licenses and permits shall be maintained in the name of the Contractor, but shall revert to the Town of Vail should the Contractor no longer operate Programs at the Vail Nature Center. (e) Provide an attendance report for all summer programs to the Town of Vail at the end of the season. April 21, 2020 - Page 20 of 126 8 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date April 21, 2020 - Page 21 of 126 9 4/3/2020 S:\COMMUNITY DEVELOPMENT\ENVIRONMENTAL\CONTRACTS\VAIL NATURE CENTER PSA FINAL 2020.DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public April 21, 2020 - Page 22 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Community Recovery Planning Update P RE S E NT E R(S ): S cott Robson, Town Manager April 21, 2020 - Page 23 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: East Vail W ildlife Habitat Update P RE S E NT E R(S ): S cott Robson, Town Manager April 21, 2020 - Page 24 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 16, S eries of 2020, A Resolution Adopting the Community W ildfire Protection Plan to I dentify A reas W here W ildfire Hazard and Community Values I ntersect and Create Strategies to Reduce the P otential I mpacts of W ildfire and S etting F orth Details in Regard T hereto P RE S E NT E R(S ): P aul Cada-W ildland P rogram Manager; Mark Novak - Fire Chief AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 16, Series of 2020. B AC K G RO UND: A Community W ildfire Protection Plan (C W P P) is an essential element in the Fire A dapted Vail strategic framework and provides the foundation for future wildland fire mitigation projects in and around the Town of Vail. Having an adopted C W P P is also a requirement for most wildfire mitigation grants. S TAF F RE C O M M E ND AT IO N: A pprove Resoltion No. 16, Series of 2020 AT TAC H ME N TS: Description Community Development Staff Memo C W P P Adoption Resolution No. 16 Series of 2020 Vail Fire Memo Resolution No. 16 Series of 2020 Vail Community Wildfire Protection Plan Resolution No. 16 Series of 2020 Community Wildfire Protection Plan pec_results_41320 Vail Community W ildfire Protection Plan Presentation April 21, 2020 - Page 25 of 126 TO: Vail Town Council FROM: Community Development Department DATE: April 21, 2020 SUBJECT: Resolution No. 16, Series of 2020, A Resolution adopting the Community Wildfire Protection Plan to identify areas where wildfire hazard and community values intersect and create strategies to reduce the potential impacts of wildfire, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Paul Cada Planner: Greg Roy I. SUMMARY The applicant, the Town of Vail, represented by Paul Cada, Wildland Program Manager, requests approval of Resolution No. 16, Series of 2020, a Resolution adopting the Community Wildfire Protection Plan to identify areas where wildfire hazard and community values intersect and create strategies to reduce the potential impacts of wildfire, and setting forth details in regard thereto.. The following attachments are available for review: Attachment A – Vail Fire Staff Memo Attachment B – Resolution No. 16, Series of 2020, including Exhibit A Vail CWPP Attachment C – PEC Minutes 4-13-2020 Attachment D -Town Council Presentation II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission held a public hearing on the item on April 13th and forwarded a unanimous recommendation, to the Vail Town Council to adopt the Community Wildfire Protection Plan. III. DESCRIPTION OF REQUEST The applicant is proposing to amend the Town of Vail Comprehensive Plan to adopt the Community Wildfire Protection Plan as a reference document. April 21, 2020 - Page 26 of 126 Town of Vail Page 2 IV. BACKGROUND The Community Wildfire Protection Plan (CWPP) is a Vail specific document that assess the wildfire risk for the Vail Community and sets five main community goals in a strategic framework. Through this document Vail will be better prepared for wildfires should they happen and have a set of recommended actions to further reduce the likelihood of those fires occurring. The proposal is to adopt this plan the CWPP for the Town as a guiding document, providing the necessary framework for decision makes on issues related to wildfire. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Resolution No. 16, Series of 2020, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council moves to approve Resolution No. 16, Series of 2020, A Resolution adopting the Community Wildfire Protection Plan to identify areas where wildfire hazard and community values intersect and create strategies to reduce the potential impacts of wildfire, and setting forth details in regard thereto.” VI. ATTACHMENTS Attachment A – Vail Fire Staff Memo Attachment B – Resolution No. 16, Series of 2020, including Exhibit A Vail CWPP Attachment C – PEC Minutes 4-13-2020 Attachment D -Town Council Presentation April 21, 2020 - Page 27 of 126 To: Vail Town Council From: Paul Cada, Wildland Program Manager Date: April 21st, 2020 Subject: Adoption of Vail’s Community Wildfire Protection Plan I. Background A Community Wildfire Protection Plan or CWPP is a critical planning tool for communities to increase resiliency to wildfire. The CWPP concept was developed and authorized by the federal government as part of the Healthy Forest Restoration Act in 2003. At its most basic level it is a tool that local communities use to work with federal land management agencies such as the USFS to prioritize forest restoration projects on federal lands. In a more wholistic view a CWPP can be used to show the need for coordinated wildfire mitigation activities across jurisdictional boundaries so as to provide for the greatest protection of the community. Besides prioritizing treatments, having a CWPP is a minimum requirement for nearly all wildfire mitigation grant funding. The framework of a CWPP is relatively loose to allow for the incorporation of the needs of the local community, however, a few key components are required. A central component of the planning process is the participation and input from community stakeholders. In the case of Vail, community comes in many forms including individual citizens, the business community, local government, utility providers, state and federal land managers and others. CWPP’s have been an important part of identifying and implementing wildfire mitigation projects throughout Eagle County. Eagle County developed and adopted its first CWPP in 2004 with the participation of many communities including Vail. Since then the countywide CWPP has been modified twice to account for changing conditions of the landscape and development throughout the valley. The group that oversees the countywide CWPP is the Eagle County Wildfire Council, which Vail Fire is an active participant. While Vail is covered under this countywide CWPP, the large geographic area of the countywide plan limits the utility of the Eagle County CWPP in addressing the specific needs of the Town. As part of the overarching wildfire mitigation program, Vail Fire has identified the need for a Town specific CWPP to address the unique challenges faced by the community that are not addressed in the countywide plan. The planning process for a Vail specific plan was initiated in the winter of 2018 with a stakeholder kickoff meeting. The stakeholder group for this plan includes staff from multiple Town departments and external partners such as the USFS, Colorado State Forest Service, Eagle River Watershed Coalition, utility providers, Vail Valley Partnership, Colorado Parks and Wildlife, Vail Resorts and water providers. April 21, 2020 - Page 28 of 126 Town of Vail Page 2 II. Plan Goals and Components Wildfire is a necessary and inevitable element of the ecosystem of the Vail Valley; however, it also presents one of the largest threats to the safety, health and vitality of the community of Vail. In 2015 the Town of Vail adopted the “Fire Adapted Vail” strategic frameworks to guide efforts to create a resilient community in the face of the growing risk from wildfire. This Community Wildfire Protection Plan (CWPP) expands upon the strategic framework by establishing five main community goals. 1. Reduce the risk of a Wildland Urban Disaster within the Town of Vail 2. Decrease the probability of landscape scale high severity wildfire events 3. Build business community resiliency to wildfire disasters 4. Citizen engagement and preparedness 5. Support the utilization of forest products These goals are supported by eleven strategies which can be accomplished by implementing the 36 recommended actions. The plan also identifies seven areas recommended for hazardous fuels reduction across private, local, state and federally managed lands. To accomplish these goals the plan includes: • A map defining the Wildland Urban Interface area or place where community values interact with wildfire hazards • Community risk analysis that considers fuel hazards, risk of wildfire occurrence and community values • Evaluation of the community’s preparedness for wildfire response • Recommendations for methods to reduce structural ignitability • An implementation plan that identifies and prioritizes potential fuels treatment projects • Summary of completed work to reduce the wildfire hazard within the community A full copy of the plan including the community risk maps and recommendations can be found in Exhibit A. Town staff have developed a web map portal for community members to explore the various map layers associated with this plan. The interactive web maps can be found on the towns map portal at http://maps.vailgov.com/ . III. Current Situation and proposed action Since the inception of the planning process, Vail Fire has hosted five stakeholder meetings and one community meeting. The community was also surveyed during the summer of 2018 to identify community perceived hazards. Fire Department Staff presented an update of the plan and process to Town Council at the January 21st, 2020 meeting. Since the council update on January 21st, the plan has been finalized and posted on the fire department webpage for community review and input. Due to the need to limit large gatherings, the community meeting scheduled for March 12th was canceled. In the place of the community meeting the fire department solicitated community input via multiple news releases on the town webpage as well as town and department social media outlets. The Planning and Environmental Commission reviewed the plan during the April 13th, 2020 meeting and forwarded a recommendation for Vail Town Council to formally adopt the plan as presented. To formally adopt the plan, it must be adopted by Vail Town Council, Colorado State Forest Service and U.S. Forest Service. The U.S. Forest Service, Colorado State Forest Service, Eagle County and the Eagle County Sheriff April 21, 2020 - Page 29 of 126 Town of Vail Page 3 have already completed agency reviews of the plan and have formally committed to adopt the plan. Adoption of the plan by any participant of the planning process does not obligate them to implement any of the plan recommendation, nor expend any funds. IV. Staff Recommendation 1. Review the Vail Community Wildfire Protection Plan and associated web maps. 2. Approve Resolution No. 16, Series 2020 formally adopting the Vail’s first Community Wildfire Protection Plan. April 21, 2020 - Page 30 of 126 Resolution No. 16, Series of 2020 Page 1 of 2 RESOLUTION NO. 16 SERIES 2020 A RESOLUTION ADOPTING THE COMMUNITY WILDFIRE PROTECTION PLAN TO IDENTIFY AREAS WHERE WILDFIRE HAZARD AND COMMUNITY VALUES INTERSECT AND CREATE STRATEGIES TO REDUCE THE POTENTIAL IMPACTS OF WILDFIRE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws and of the State of Colorado and the Town Charter; WHEREAS, the Town of Vail adopted the “Fire Adapted Vail” strategic frameworks to guide efforts to create a resilient community in the face of the growing risk from wildfire; WHEREAS, the Community Wildfire Protection Plan (the “CWPP”), and attached hereto as Exhibit A, expands upon the strategic framework by establishing five main community goals; WHEREAS, the CWPP was collaboratively developed by a diverse stakeholder group; WHEREAS, the Town and the stakeholders of the CWPP recognize wildfire as an inevitable and important component of the natural ecosystem in which this community is situated; WHEREAS, the CWPP meets the intent and purpose as set forth in the Healthy Forest Restoration Act and the Colorado State Forest Service guidelines for development of a community wildfire protection plan; WHEREAS, the CWPP will be part of the Town’s Comprehensive Plan and a guiding document for decision makes to use into the future; and WHEREAS, on April 13, 2020 the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the CWPP to the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town Council hereby approves and adopts the CWPP in the form attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY OF APRIL, 2020. April 21, 2020 - Page 31 of 126 Resolution No. 16, Series of 2020 Page 2 of 2 David Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk April 21, 2020 - Page 32 of 126 Vail Community Wildfire Protection Plan Contributing Organizations Town of Vail Community Development and Environmental Sustainability Departments, Eagle County Wildfire Mitigation, USDA Forest Service, Upper Colorado Fire Management Unit, Vail Fire and Emergency Services, Vail Police Department, Eagle River Water and Sanitation District, Colorado State Parks and Wildlife, Colorado State Forest Service, Town of Vail Economic Development, Vail Resorts (Vail Mountain), Eagle River Watershed Council, Vail Valley Partnership, Denver Water, Vail Chamber and Business Association, Eagle County Emergency Management, Xcel Energy Exhibit A April 21, 2020 - Page 33 of 126 2 This document is intended to set forth a recommended plan only and imposes no obligations on the signatories. Specifically, executing this document in no way obligates the signatories to take any action requiring the commitment of funds in order to accomplish the summary recommendations. The Vail Community Wildfire Protection Plan has been collaboratively developed and agreed to by the following entities: ___________________________________________ _________________ Town of Vail Date ___________________________________________ _________________ United States Forest Service Date ___________________________________________ _________________ Colorado State Forest Service Date ___________________________________________ _________________ Eagle County Government Date ___________________________________________ _________________ Eagle County Sheriff Date April 21, 2020 - Page 34 of 126 3 Executive Summary Wildfire is a necessary and inevitable element of the ecosystem of the Vail Valley; however, it also presents the single largest threat to the safety, health and vitality of the Community of Vail. In 2015 the Town of Vail adopted the “Fire Adapted Vail” strategic frameworks to guide efforts to create a resilient community in the face of the growing risk from wildfire. This Community Wildfire Protection Plan (CWPP) expands upon the strategic framework by establishing five main community goals. These goals are supported by eleven strategies which can be accomplished by implementing 36 recommended actions. The plan identifies seven areas recommended for hazardous fuels reduction across private, local, state and federally managed lands. This plan was collaboratively developed by a diverse stakeholder group. The stakeholders of this plan have long-standing working relationships and collectively have the knowledge, skills and motivation to increase resiliency throughout the community. The CWPP was developed to implement the National Cohesive Wildland Fire Management Strategy at a local level. The Cohesive Strategy has 3 pillars, Resilient Landscapes, Fire Adapted Communities and Safe and Effective Response, which are all incorporated within the recommendations. This CWPP meets the intent and purpose as set forth in the Healthy Forest Restoration Act and the Colorado State Forest Service guidelines for development of a community wildfire protection plan. While this plan does not obligate any stakeholder to implement any of the recommendations, they should be considered when developing projects, budgets and allocation of stakeholder resources. Together the stakeholders and community can continue to live, grow and thrive within this fire- dependent ecosystem. April 21, 2020 - Page 35 of 126 4 Table of Contents Executive Summary ................................................................................................................................... 3 Fire Adapted Vail ....................................................................................................................................... 6 Authorization ............................................................................................................................................ 6 Purpose ..................................................................................................................................................... 6 Goals ......................................................................................................................................................... 7 Community Wildfire Protection Plan Standards ....................................................................................... 7 Community and Agency Engagement in Development of this CWPP ...................................................... 8 Historical Background ............................................................................................................................... 8 CWPP Planning Area ................................................................................................................................. 9 Geographic ............................................................................................................................................ 9 Fuels and vegetation ........................................................................................................................... 11 Community Profile .................................................................................................................................. 15 Vail Vital Statistics ............................................................................................................................... 15 Community .......................................................................................................................................... 15 Resort .................................................................................................................................................. 16 Wildland Urban Interface........................................................................................................................ 16 Status of Natural Ecosystems.................................................................................................................. 18 Wildfire and Wildlife ........................................................................................................................... 19 Watersheds and Wildfire .................................................................................................................... 19 Post Wildfire Flooding and Debris Flow .............................................................................................. 20 Community Preparedness to Respond ................................................................................................... 21 Emergency Response .......................................................................................................................... 21 Citizen Preparedness and Evacuation Planning .................................................................................. 22 Business Community Preparedness .................................................................................................... 23 Reduction of Structural Ignitability ......................................................................................................... 24 Community Education............................................................................................................................. 25 Community Wildfire Risk Assessment .................................................................................................... 26 Wildfire Preparedness Strategies ........................................................................................................... 35 Implementation ...................................................................................................................................... 40 Linked and Individual Structure Defensible Space .............................................................................. 40 Lower Gore Creek ............................................................................................................................... 41 April 21, 2020 - Page 36 of 126 5 Middle Gore Creek .............................................................................................................................. 43 Benchmark/ Mushroom Bowl ............................................................................................................. 45 Eagles Nest/ Lower Game Creek ......................................................................................................... 47 Lower Vail Mountain ........................................................................................................................... 49 Deer Underpass/ Bell Flower .............................................................................................................. 51 Elliott Ranch ........................................................................................................................................ 53 Previously Completed Wildfire Risk Reduction Projects ......................................................................... 55 Table of Figures Figure 1- CWPP Planning Area Map ............................................................................................................ 10 Figure 2- Fire Regime Map .......................................................................................................................... 12 Figure 3- Fire Return Interval Map .............................................................................................................. 13 Figure 4- Condition Class Map .................................................................................................................... 14 Figure 5- Wildland Urban Interface Map .................................................................................................... 17 Figure 6- Fire Intensity Map ........................................................................................................................ 27 Figure 7- Burn Probability Map ................................................................................................................... 28 Figure 8- Critical Infrastructure Map .......................................................................................................... 29 Figure 9- Wildfire Hazard Map .................................................................................................................... 30 Figure 10- Urban Conflagration Hazard Map .............................................................................................. 31 Figure 11- Wildfire Risk Map ....................................................................................................................... 32 Figure 12- Geologic Instability Map ............................................................................................................ 33 Figure 13- Watershed Areas of Concern ..................................................................................................... 34 April 21, 2020 - Page 37 of 126 6 Fire Adapted Vail The Town of Vail and the stakeholders of this plan recognize wildfire as an inevitable and important component of the natural ecosystem that the community is situated in. Wildfire is a matter of when, not if, and like the ecosystem, the community’s resiliency is dependent upon its ability to adapt to a significant wildfire event. In 2015 Vail Fire developed and the Vail Town Council sanctioned the “Fire Adapted Vail” concept. Fire Adapted Vail is a strategic framework aimed at increasing community resiliency. The framework is developed around the three pillars of the National Cohesive Wildland Fire Management Strategy; Restore and Maintain Landscapes, Fire Adapted Communities, and Response to Fire. This Community Wildfire Protection Plan will provide specific goals and strategies to address the components of the Fire Adapted Vail framework. Authorization The initial authorities for community wildfire planning came from the Healthy Forests Restoration Act (HFRA) of 2003. Title I of HFRA outlined requirements for reducing hazardous fuels on federal lands. Vail’s plan has been developed to be consistent with the requirements of the HFRA and to provide Vail with a community wide baseline from which to continue community wildfire planning in coordination with the various community stakeholder groups. The Colorado Legislature has since adopted specific statutes guiding community wildfire planning. The statutes providing authorization for this planning are outlined below: •C.R.S. 23-31-312 Community wildfire protection plans, guidelines and criteria, legislative declaration, definitions •C.R.S. 29-22.5-103 Wildland fires, general authority and responsibilities •C.R.S. 30-10-513.5 Authority of Sheriff relating to fire within unincorporated areas of the County •C.R.S. 30-15-401.7 Determination of fire hazard area, community wildfire protection plans, adoption, legislative declaration, definition. Purpose The purpose of this plan is to identify areas where wildfire hazard and community values intersect and create strategies to reduce the potential impacts of wildfire. The plan should guide and inform community efforts to reduce risks to the community through public education, reduction of hazardous fuels and decreased vulnerability to structural ignition. The plan is intended to be used as a living document. As projects are completed or new hazards are identified the plan should be revised to reflect these changes. At a minimum the stakeholder group should meet and revise the plan every 5 years. April 21, 2020 - Page 38 of 126 7 Goals 1. Reduce the risk of a Wildland Urban Disaster within the Town of Vail a. Strategy 1- Build and maintain structures and their surrounding vegetation in a manner the resists ignition from wildfire or when ignited does not rapidly spread the fire b. Strategy 2- Implement fuels reduction projects immediately adjacent to the community to minimize fire behavior within 100 feet of structures c. Strategy 3- Ensure all community codes and ordinances are consistent with current best practices for reduction of structural ignitability d. Strategy 4- Integrate wildfire risk reduction and planning efforts with other Town(s), County and federal environmental and sustainability planning goals and activities 2. Decrease the probability of landscape scale high severity wildfire events a. Strategy 5- Create resilient landscapes that promote diversity of species, ages and condition classes b. Strategy 6- Create compartmentalization across the planning area where unplanned wildfire can be managed for multiple resource benefits when appropriate c. Strategy 7- Ensure the community has appropriate response resources for wildfire management d. Strategy 8- Identify and prepare watersheds and infrastructure that are at risk from post fire flooding and debris flow 3. Build business community resiliency to wildfire disasters a. Strategy 9- Promote and provide tools to businesses to implement and improve business continuity best practices 4. Citizen engagement and preparedness a. Strategy 10- Develop and support programs to educate and empower residents to prepare for evacuation b. Strategy 11- Improve the public’s understanding of our existing community fire protection infrastructure and limitations 5. Support the utilization of forest products Community Wildfire Protection Plan Standards CWPPs are a direct extension of the HFRA authorized by Congress in 2003. In an effort to promote these plans and to encourage consistency in the development of these plans, a model handbook was prepared by the Communities Committee, National Association of Counties, National Association of State Foresters, Society of American Foresters and the Western Governors’ Association. Colorado State statute further defines requirements specifically required for approval of CWPPs within Colorado. A list of these standards can be found at https://csfs.colostate.edu/wildfire-mitigation/community-wildfire- protection-plans/#1447445534754-268d6379-de99. This plan meets or exceeds all requirements as set forth by HFRA and Colorado State Statute. April 21, 2020 - Page 39 of 126 8 Community and Agency Engagement in Development of this CWPP The community and many interested stakeholders have been integral to the development of this plan. Beginning in the winter of 2018 a group of stakeholders including local government, federal land management agencies, utility providers, private business and environmental interests met on a number of occasions to develop this plan. Through the planning process the stakeholder group has developed a set of common concerns, strategies to reduce wildfire impact and an initial set of recommendations for implementation. The community has been engaged through a number of community meetings and surveys to better understand their perspective on potential wildfire impacts and support for different mitigation actions. The stakeholder group and community should continue to be engaged through the implementation of this plan. Historical Background When the Town Charter was signed in 1966, the hazards of wildland fire were not acknowledged, nor were they incorporated in any of the foundational documents of the Town of Vail. The impact of wildland fire has steadily increased throughout Colorado and the West for the past few decades. The size, frequency, intensity and impacts of wildland fires continues to grow across the state as we continue to develop wildland areas. Years of aggressive fire suppression, insect and disease activity and lack of active forest management have created conditions that increase the risk of a catastrophic wildfire. It has become clear that wildland fires have the potential to inflict significant damage to a community that is unprepared. 2002 was a record setting wildfire year in the state of Colorado in terms of number of acres burned, number of large fires, number of houses lost to wildland fire and total insurable loss from wildland fires. This record setting year captured the attention of many of the citizens, responders and elected officials around the state. It was in that year that Vail Fire and Emergency Services began in earnest its efforts to ensure the community was prepared for a wildland fire. Since 2002 the community has engaged in numerous programs and projects, large and small, to reduce the risk of wildland fire within the community. Eagle County developed and adopted the first countywide CWPP in 2003. This plan has been regularly updated and used for countywide risk reduction. In 2007 the Town of Vail enacted codes that prohibit the installation of new wood shake roofs, which have long been recognized as one of the riskiest building practices in the wildland urban interface. Additionally, the Town of Vail invested in funding of a wildland mitigation program through the fire department. Since the inception of the program, the focus has been to measurably reduce wildfire risk to the community. The stakeholders of this plan have invested millions of dollars and thousands of hours of labor into community risk reduction efforts. A summary of the activities can be found in the “Previously Completed Wildfire Risk Reduction Projects” section of this plan. April 21, 2020 - Page 40 of 126 9 CWPP Planning Area Geographic The Town of Vail and the CWPP planning area is in the central mountains of Colorado approximately 100 miles west of Denver. Interstate 70 bisects the planning area from east to west running the entire length of the Town of Vail. The planning area covers approximately 1177 square miles, of which approximately 95 percent is public lands managed by the White River National Forest. The other 5 percent of the land is owned and managed by a combination of private, municipal and state. Elevations within the planning area range from just below 8000 feet in Dowd Junction to roughly 12,500 feet on the peaks of the Gore Range. Mountain shrub communities dominate the hotter and drier south and west aspects of the lower elevations while lodgepole pine, aspen and spruce-fir stands dominate the cooler and wetter east and north aspects as well as the higher elevations. Small areas of alpine tundra dominate the high peaks that flank the boundaries of the CWPP planning area. Gore Creek, a tributary of the Colorado River, bisects the planning area from east to west. Additionally, a small portion of the Upper Eagle River watershed is covered by this plan. Gore Creek and the Upper Eagle River join at their confluence in Dowd Junction at the very western tip of the planning area. Water from these two watersheds provide drinking water and recreation to many larger communities down- river. Vail Resorts operates the Vail Ski area under a special use permit of the U.S. Forest Service. The ski area boundary encompasses most the lands between the Town of Vail and the southern planning boundary. A large portion of the White River National Forest North and East of the Town of Vail is part of the federally designated Eagles Nest Wilderness. April 21, 2020 - Page 41 of 126 10 Figure 1- CWPP Planning Area Map April 21, 2020 - Page 42 of 126 11 Fuels and vegetation Fuel types, elevation and geographical location play an important part in identifying the natural fire return interval, or fire regime. A fire regime is a term given to the general pattern in which fires naturally occur within an ecosystem over an extended period of time. Fuel types are the driving factor in identifying the fire return interval or natural fire regime. A large percentage of the planning area fall within Fire Regime IV due to the predominant lodgepole pine and spruce-fir forests. The fire frequency for Fire Regime IV is predicted to be between 35-200 years. Although fires are less frequent for this fire regime, they are predicted to be high severity fires which consume or kill most of the aboveground vegetation. The second most prevalent group is Fire Regime I which is classified as more frequent (0-35 years) but less intense fire behavior. The areas of Group I are mostly the mountain shrub and aspen communities which occupy the lower elevations of the planning area. The maps below identify the type of fire regime in planning area and the type of fire that is predicted for this fuel type. The condition class map shows the current departure from the natural fire return interval. Many of the areas of Fire Regime IV are within or near their historical range of variability. As can be seen in the map large portions of the planning area, primarily Fire Regime Group I, are highly departed from the natural fire return interval. When burned, areas highly departed from their normal fire return intervals tend to exhibit higher fire intensity and higher resistance to control. April 21, 2020 - Page 43 of 126 12 Figure 2- Fire Regime Map April 21, 2020 - Page 44 of 126 13 Figure 3- Fire Return Interval Map April 21, 2020 - Page 45 of 126 14 Figure 4- Condition Class Map **A large percentage of the developed land within the planning area shows as Non burnable urban. The stakeholder group agrees that this is not representative of conditions on the ground, however, agree with all other portions of the map. April 21, 2020 - Page 46 of 126 15 Community Profile Since its incorporation in 1966, Vail has earned the distinction as one of the leading mountain resort communities in North America. With more open space than any other community of its kind, free transit and other environmentally sensitive services, plus an abundance of recreational, cultural and educational opportunities, Vail has become not only a great place to visit, but an even better place to live. Vail Vital Statistics • Elevation: 8,150 feet • Size: 4.6 square miles, 10 miles in length • Location: 100 miles west of Denver on Interstate 70 in Eagle County and easily accessible via the Eagle County Regional Airport, 35 miles to the west. Vail is surrounded by 350,000 acres of White River National Forest land. • Climate: Vail receives more than 335 inches of snow annually and almost 300 days of sunshine each year. During the summer, daytime temperatures average 75 degrees and 45 degrees for the nighttime low. Winter daytime temperatures average 45 degrees, with lows dipping below 30 degrees. Community On the heels of its success as a resort, Vail has evolved into an appealing recreation-friendly alpine community now comprised of over 5,000 full-time residents and an estimated 5,000 part-time residents. Together, Vail is considered to be a leader in its resort-community qualities and best practices. Examples include: • Largest free transit system in the nation • First modern roundabout interchange in the nation • More open space (30 percent of its lands) than any other resort community in the U.S • Home to Gore Creek, one of only 11 Gold Medal fishing streams in the state • 4 percent ski lift tax is the first of its kind in the country and represents the highest contribution level by a ski resort to its municipal partner in the state and perhaps the nation. The funds assist in the operation of Vail’s free transit system • Recognized as a resort leader in redevelopment initiatives of $1.5 billion in public-private investments from 2004 to 2008, representing more than 50 percent of property in the core areas of Vail Village and Lionshead • Most connected resort in North America with the most technologically advanced outdoor LTE cellular system in the country April 21, 2020 - Page 47 of 126 16 Resort Vail Resorts, Inc. is the operator of Vail Mountain. Coveted as one of the largest ski resorts in the world with more than 5,200 acres of skiable terrain, seven legendary Back Bowls spanning seven miles, and the most groomed terrain of any ski area. Vail has been an extraordinary winter vacation destination for passionate skiers and snowboarders for more than 50 years. It is home to world-class athletes during the U.S. Ski Team early-season training sessions in Golden Peak, the Burton US Open Snowboarding Championships and the 2015 World Alpine Ski Championships. Wildland Urban Interface The wildland-urban interface, or WUI, is any area where man-made improvements are built close to, or within, natural terrain and flammable vegetation, and where potential for wildland fire exists. For the purposes of this plan the wildland-urban interface or WUI can be defined as an area that includes all developed private parcels of land and areas of special interest including Vail Mountain, the I- 70 corridor and major utility lines. The WUI extends one and one half miles from the edges of these features. A visual depiction of the Vail WUI area can be seen on the WUI Map. As can be seen in the wildland urban interface map (Figure 5) the community values identified within this plan extend beyond the planning boundaries. It is imperative that the stakeholders of this plan also work with the adjacent jurisdictions to ensure the communities values are appropriately mitigated and protected. April 21, 2020 - Page 48 of 126 17 Figure 5- Wildland Urban Interface Map April 21, 2020 - Page 49 of 126 18 Status of Natural Ecosystems Wildland fire is a part of the natural ecosystem that the community exists within. The natural fire regime for an ecosystem such as the Vail Valley is low frequency, high severity fires (large fire every 30- 200 years, fire regime IV). An average year may include several small fires (single tree to an acre in size) and few if any large or significant fires. The large fires would be expected in years of persistent drought typically coupled with ecosystem change such as insect and disease activity, large wind damaging events or even avalanche. Wildfire within our ecosystem acts as a successional reset and species such as aspen and lodgepole have adapted to thrive in the highly disturbed post fire environment. It has been a significant time since a large-scale wildfire has burned in the Vail Valley. Folklore says that the famous wide open, relatively treeless back bowls of the Vail Ski resort are the result of wildfires set by the Ute Indians in the 1870’s before they were driven from their lands by white settlers. Since that time no significant wildfires have burned within the CWPP planning area. Between the time the first white settlers arrived in the Vail Valley and the 1960s, the area was primarily used for livestock grazing, small scale farming and a short-lived mining boom. Historical photos show the valley bottoms, south and west aspects covered mostly in grass and open brush except for spruce trees lining the riparian corridors. The East and North aspects were covered in mixed conifer and aspen stands. Stand sampling from a variety of stands throughout the planning area shows the average age of the conifer forest types to be near 130 years and the aspen stands 80-90 years indicating a predominantly mature forest condition. A relatively small portion of the of the planning area has been activity managed. Stands within those managed area range in age from 0-40 years old. Drought, insect activity and disease have significantly impacted forest health throughout the planning area for the past 20 years. A persistent drought of the late 1990’s and early 2000’s significantly impacted the health of the area’s aspen stands. A combination of drought stress, insect activity and a variety of funguses, termed Sudden Aspen Decline (SAD), worked together to outright kill some of the aspen stands within the valley. Following the end of the drought many of the stands that experienced impacts from SAD partially or fully recovered; however, nearly all stands have large accumulations of standing dead and down woody material. The fringe aspen stands, stands growing in marginal conditions for the species, were most heavily impacted by SAD and many of them did not recover. The drought in combination with a continuous supply of suitable host trees also helped Mountain Pine Beetle (MPB) population build to epidemic populations. Between 2002 and 2014 the MPB outbreak infested trees on millions of acres throughout the Colorado high country. The height of the outbreak in the Vail Valley occurred between 2007 and 2010. While not as severe as places like Grand and Summit County the MPB still killed an estimated 30-50% of the mature lodgepole pine trees within the Vail Valley. This mortality has changed the stand structure of the lodgepole pine stands within the area. Lodgepole pine, a traditionally even aged monoculture with little understory vegetation, has been transformed into stands of mixed live and dead overstory with significant grass and shrub understory. April 21, 2020 - Page 50 of 126 19 Lodgepole pine regeneration is patchy within most stands while shade tolerant species such as sub- alpine fir is becoming more prevalent. In 2014 Spruce Beetle was identified in several trees along Gore Creek. Upon further investigate it was discovered that a small but potentially impactful population of Spruce Beetle had been building for several years in the area. Sanitation treatments to remove the infested trees were completed and the population continues to be monitored. The population continues to be active but is not growing at a significant rate. Throughout Eagle County populations of Spruce Beetle continue to be active along the numerous river drainages however no large populations have been identified within the upland forest stands. Spruce Beetle has become a major forest pest in both Southwest and Northwest Colorado where it has impacted 1.84 million acres between 1998 and 2018. Wildfire and Wildlife Like much of the vegetation in the area the wildlife has evolved with wildland fire. The aquatic and terrestrial life both need a variety of different ecosystem conditions to thrive. It is impossible to fit one statement on how wildfire impacts either positively and/or negatively the wildlife of the valley. One species may benefit from the disturbance by improving the habitat while another may be forced from the area because the disturbance has destroyed their preferred habitat. Of general note though is that an area that has a variety of ecotypes in a variety of successional stages will be much better habitat for a larger number of species. The community has expressed concern in the recent past over the declining numbers of big game species such deer, elk, moose and big horn sheep as well as a decline in the aquatic health of Gore Creek. Wildlife habitat and the impacts of wildfire on the habitat should be evaluated during all planned activities as well as during the decision-making process in wildfire management. Watersheds and Wildfire The Gore Creek and Upper Eagle River watersheds are part of the headwaters of the Colorado River watershed providing water for people, wildlife and recreation across the western U.S. Locally they support the community with abundant high-quality water for consumption, wildlife and recreation. Watershed scale high severity wildfire presents the single largest threat to watershed health in the Vail Valley. In 2010 JW Associates was contracted by the Rocky Mountain Region of the USFS to conduct a spatial analysis of the vulnerability of watersheds to wildfire throughout the Colorado High Country. The Eagle River Phase 1 Watershed Assessment studied the majority of the 12th level watersheds within the CWPP planning area boundary. The study ranked vulnerability of each watershed based on factors such as wildfire hazard, flooding or debris flow hazard, and soil erodibility. A map of the composite rating can be found in the Community Wildfire Risk Section of this plan (Figure 11). The Lower Gore Creek 12th level watershed is identified at the most vulnerable watershed within the CWPP planning area. This study should be consulted when prioritizing treatment areas. Priority should be given to projects that will limit the potential for watershed scale high severity fire behavior within these priority watersheds. April 21, 2020 - Page 51 of 126 20 Post Wildfire Flooding and Debris Flow Wildfire has the potential to fundamentally change the landscapes and watersheds that surround the Vail Community. Wildfire, and particularly high severity wildfires and/or those with long residence time, removes vegetation which covers slopes and creates hydrophobic soils which limits the ability of the soil to absorb water. Many of the drainages that surround the community are already identified at high risk for instability and have high potential for landslide and debris flow. Seasonal flooding is also a current concern for homes and infrastructure along Gore Creek and its many tributaries. The Town of Vail has upgraded some community infrastructure to accommodate predicted seasonal flood events; however, wildfire has the potential to increase predicted flows 20 to 50 times greater than the current predictions. The Lake Christine Fire of 2018 in the Roaring Fork Valley provided an example of the potential effects on the community. Due to the proximity to the community of Basalt and the known instability of the underlying geology within the fire perimeter, federal land managers and community officials began post fire flooding preparations before the fire was even declared contained. A Burn Area Emergency Response (BAER) team was brought in to evaluate the environmental impacts of the fire. By examining burn severity and existing conditions they created a report which outlined the areas of at highest risk for flooding and debris flow. Local officials and land managers used this information to identify the downstream communities and infrastructure that was most at risk and implemented mitigation projects to decrease overall risks to life and property. Immediately post fire, increased stream flows and small- scale debris flows were observed. In the summer of 2019, the burned area was inundated with significant precipitation from a thunderstorm which has been classified as a 500-year event. This event caused localized flooding of approximately 12 homes downstream of the fire scar. Many of the post fire rehabilitation actions are difficult to complete in advance, since the specific area burned, and the level of burn severity drive much of the required action. The community can however be prepared to respond rapidly in a coordinated effort. Federal land management agencies utilize a Burned Area Emergency Response (BAER) team to develop post fire rehabilitation plans and mitigate potential impacts. The BAER reports typically only cover federally managed land, leaving communities potentially vulnerable. Communities that have been successful in proactively managing post fire flooding impacts have: • Rapidly completed cross boundary post fire risk assessment looking at burned area as well as downstream effects • Assigned a lead to coordinate recovery efforts and accomplishing multijurisdictional work • Implemented integrated advanced warning systems to provide adequate warning to the community about flash flood potential • Engaged experts in identifying, designing and implementing mitigation projects April 21, 2020 - Page 52 of 126 21 Community Preparedness to Respond Emergency Response Vail Fire and Emergency Services (VFES) is the all-risk fire department that provides incident response to wildland fire on non-federal lands within the planning area. In addition to the three 24 hour staffed engine companies, VFES employs a seasonal wildland fire crew each year from May through October. The Upper Colorado River Fire Management Unit (UCR) provides response to fires on all federal lands within the planning area. The UCR staffs response resources in Silverthorne and Eagle. Staffing of the UCR resources is 7 day effective during daylight hours from May through September with varying but more limited response capabilities in spring and fall. The Eagle County Sheriff is the jurisdictional authority for wildland fire suppression within the non-federal portions of unincorporated portions of Eagle County. Vail Fire and the UCR work closely together to ensure resources are dispatched to any report of a wildland fire. Additional resources are available as needed through multiple mutual aid and resource mobilization programs. Specific concepts of operations for wildland fire response are addressed in the most current version of the Eagle County Annual Operating Plan. It is recognized by all within the response community that no one single entity has enough resources to contain all possible wildfires. Because of this local, regional, statewide and national mobilization programs have been developed to efficiently move resources to the areas of need. Rapidly expanding incidents within the planning area would initially be staffed by local resources such as those of Vail Fire and the UCR. As the fire expands and requires additional resources incident commanders may request resources from throughout Eagle County, Northwest Colorado, all of Colorado and then likely from other regions of the United States. There is a very real possibility that a fire ignited near the community could impact the community before sufficient resources were on scene. This is due to the relatively low staffing levels within the region and travel distances associated with significant mutual aid or resource mobilization. The National Wildfire Coordinating Group (NWCG) and the National Interagency Fire Center (NIFC) have established national standards for training, operations and equipment that the local resources follow to the best of their abilities. Since most of the resources available to suppress a fire are from outside the area, it is critical to safe and effective firefighting that they can all work together. Two elements that are critical to effective firefighting are wayfinding and communications. Over the past few years the Eagle County response agencies have been working diligently to develop tools to ensure that out of area resources can quickly obtain quality tactical maps and integrate with the existing emergency radio systems. In 2019 the Eagle County Wildland Preplan Map book was rolled out for use throughout the county. The intention of the map book product was to provide responding resources with easy to use tactical maps that included street names, water sources, fuels modification areas and a host of other useful information. The foundation for each map book page is a “Wildfire Zone”. The zone is defined as an area of similar building, road and vegetation type that shares common access. These zones also play a key role in notification if an evacuation were to be needed. The zones are prepopulated in the county public notification system and can be rapidly used by dispatchers to send mass notifications to specific areas. April 21, 2020 - Page 53 of 126 22 Local response capabilities have steadily increased in the past 15 year however there is still significant room for continued improvement. All firefighters within Eagle County receive all required basic wildland fire training as well as annual refresher training, however many of the responders lack significant real- world experience with wildland fire suppression operations. Locally wildland fire response is a relatively small portions of the overall call volume, with an average of 12 wildland calls in the VFES response area annually. To support outside agencies and gain additional experience, approximately a quarter of the employees of VFES participates in out of area deployments. To ensure that the remaining three quarters of the department builds adequate experience it is critical that ongoing training be provided in as realistic situations as possible. Citizen Preparedness and Evacuation Planning Large fires across the west each year continue to point to the need for robust evacuation planning as well as engaged and prepared citizens. VFES and Vail Police Department (VPD) have been working for years on improving evacuation preparedness within the planning area. In 2014 a formal evacuation plan was drafted, which included some basic traffic flow studies as well as potential resource placement for evacuation operations. In 2016 and 2017 VFES and VPD hosted functional exercises where the evacuation plan was tested in a limited capacity with willing community participation. It is important to note that community participation was extremely low. These exercises helped these agencies to refine the plan and identify some potential weak points. As described above, the wildland map book provides tools that may significantly speed up notification and evacuations. The success of the evacuation plan depends significantly on the Town of Vail’s emergency services departments as well as significant support from nearly every department within the Town. An Emergency Operations plan was developed for the Town of Vail which has been exercised to a limited extent. It is imperative that the plan continue to be updated and exercised to ensure that it can be effectively implemented if needed for a wildfire event. While significant work has been accomplished in the implementation of evacuations, successful evacuations dependent on a prepared and engaged community. One challenge in the planning area is the transient nature of the community. Each season, and in reality, each day brings a potentially different population to the community. While the community has a strong backbone of full-time residents, many residents are either long term renters or short-term guests. VFES and Vail PD have conducted extensive and ongoing advertising campaigns to ensure residents are signed up for emergency notifications. Notifications systems that do not require registration, such as Reverse 911 and the Integrated Public alert Warning Systems (IPAWS) have also been tested, but the reality is that a large majority of the community is still not registered to receive emergency notifications. In 2018 it was estimated that less than 50% of the residents were signed up to receive emergency notifications through ECAlert, the countywide emergency notification system. While full time residents and long-term renters are challenging to reach, even more challenging is attempting to notify the short-term rental population. Short term renters are any guest staying in the area from 1-30 days in length. It is estimated that Vail contains almost 2500 short term rental units housing potentially 14,000 people. In the event of an emergency, this group may be very challenging to reach since they are not likely to be subscribers of the county emergency notification system. To April 21, 2020 - Page 54 of 126 23 address this type of issue, several redundant systems could be deployed including the use of the IPAWS system which is similar to the Amber Alert system and does not require signup. In 2019 the Town of Vail purchased a long-range acoustic devise (LRAD), the device has the capabilities to broadcast a message over a long distance (1/4 mile) and be heard inside vehicles or buildings. Use of this device may speed up traditional door to door evacuation processes. Notification of the community is only one part of evacuation. The citizens and guests also need to be prepared ahead of time. VFES and Vail PD have worked together to develop several preparedness documents and videos. Preparedness education is also delivered at several community events each year. While no official measure of individual preparedness is currently available, the general sense is that the majority of the community is not prepared for an evacuation. Evacuation continues to be a topic of significant interest to the community. The stakeholders of this plan should continue to develop and implement programs that build preparedness within the community. Business Community Preparedness The business community is the economic driver within the region. Most of the businesses within the community are tourism based, with the majority being in the lodging and hospitality sectors. Wildfire has the potential to significantly impact these businesses. The 2018 wildfire season demonstrated the potential impacts on the business community. Smoke from wildfires in Western Eagle County and Garfield County filled the Vail Valley for weeks at a time during the busy summer months. While the fires themselves did not impact the community, the smoke caused a noticeable downtick in tourism. The Lake Christine Fire, which burned near the Town of Basalt provided a first-hand lesson for the Roaring Folk Community. The fire started on July 3rd and burned actively throughout the entire summer. The fire was finally fully contained as the first snows started to fall in late October. During that time businesses were first disrupted by the actual fire through either evacuation of the business or employees not coming to work because they were evacuated. There were also disruptions in supply chain from road closures and power outages. The evacuations, road closures and power outages were lifted in the first few weeks of the fire, but the impacts did not end there. The smoke and media coverage of the fire caused tourists to seek out alternative locations for their travels to avoid the smoke or perceived dangers from the fire. Even after the smoke has cleared and the fire was declared controlled, the impacts persist. The area in the national forest where the fire burned was declared closed for at least 6 months to ensure the public was not endangered by falling trees and burned out stump holes left behind by the fire. The area is a popular with the local community and tourists alike due to the abundant motorized and non-motorized recreation trails. While no official report was generated on the economic impacts of the Lake Christine fire, nearly every business owner in the Roaring Folk Valley can provide anecdotal evidence of the impacts on their business. Many of the businesses in that community were not prepared for that kind of event. Like the Roaring Fork Valley, many businesses within the Vail Valley are not prepared for a disaster. Large businesses such as Vail Resorts and the major hotel chains are better prepared than many of the small and medium sized businesses. April 21, 2020 - Page 55 of 126 24 Every business within the community should be prepared for wildfire as well as other likely natural disasters. FEMA and the Small Business Administration has resources and suggestions for business preparedness and continuity planning. These types of programs should be presented to and supported for the business community within the Vail Valley. Reduction of Structural Ignitability Reducing risk to life and property is the highest priority of this plan. Because of the shape and orientation of the community in relation to the surrounding wildlands, all structures, residential and commercial, within the planning area are at risk from wildfire. Because of this risk, it is incumbent upon all property owners to take appropriate measures to reduce their individual hazards. In 1966 when the Vail Town Charter was signed, wildland fire was not a recognized threat to the community. Much of the current development that exists within the valley was built without regard to the potential risks from wildfire. Because of the lack of awareness, building practices such as the use of dense landscaping and hazardous construction materials such as wood shake roofs were required for many structures. Additionally, because of the limited space within the community, high density development dominates many of the parcels. This combination of factors has led to an at-risk community with the potential for significant loss of property and life. Over the past 20 years the scientific community has conducted substantial research with the goal of developing a better understanding of structural ignition during wildland fires. This research has led to an ever-growing body of knowledge on best practices for preventing structure ignition from wildfire. The most basic but important understanding is what causes structures to ignite. Research shows that structures ignite in one of three way during a wildfire: direct flame contact from burning vegetation, ignition from embers, and radiant and convective heat from nearby structures burning. Of the three ignition sources, ember ignition is by far the most common ignition source. Because of the density of buildings, the risk of structure to structure ignition or conflagration is higher in Vail than many other communities. Each one of these methods of ignition are different and require different but compatible types of mitigation to reduce the hazard. Retired USFS researcher Dr. Jack Cohen coined the term “Wildland Urban Disaster” to describe a type of event that is growing in intensity and frequency across the Western U.S. A Wildland Urban Disaster is an event where more than 100 structures burn during a wildfire event, typically in a single day or short time period. The wildland fire causes a single building or possibly multiple buildings to ignite (typically ember caused). Once the building is on fire a combination of factors including radiant and convective heat, embers from the burning building, proximity of adjacent structures and lack of firefighting resources cause the fire to spread from building to building. Fires such as the 2012 Waldo Canyon Fire in Colorado Springs and the 2018 Camp Fire in Paradise, CA demonstrate the potential of these types of events. Of note in both of these cases, is the fact that the fire burned in a relatively densely populated urban/ sub-urban environment. Years of research by Dr. Cohen has identified that to prevent this type of disaster from occurring does not require the control of extreme wildfire, it requires the control of the elements within the community such as preventing the first building from igniting and preventing building to building ignition. April 21, 2020 - Page 56 of 126 25 The identified best practices for reducing structure ignition include a combination of home hardening and vegetation management to create an environment near the home that does not support the ignition or spread of fire. Home hardening techniques include the use of non-combustible and ignition resistant building materials and construction techniques that reduce the number of gaps or intersections where embers may be able to ignite flammable building materials. Vegetation within 100 feet of the structure should be installed and maintained in a fashion that resists ignition and if ignited does not support high intensity fire or rapid fire spread. Vail Fire has worked extensively within the town and with its partners to develop outreach materials and programs to empower property owners to mitigate the hazards within the community. Programs such as Ready, Set, Go and the Curbside Wildfire Hazard Evaluations aim to help community members identify specific hazards on their property. In 2003 Eagle County adopted its first land use regulations relating to wildfire. These regulations require developers to incorporate home hardening and defensible space into new construction and additions in unincorporated Eagle County. In 2019 the Vail Town Council adopted similar regulations for all properties within the town boundary. These types of codes are imperative to ensure that new homes built within the community incorporate best practices. In addition to these codes it is critical that the partners of this plan continue to develop and implement programs that support the mitigation and on-going maintenance of the buildings and vegetation within the community. Community Education Education of the community about the risks and mitigations of wildfire has been a cornerstone of the risk reduction program for more than a decade. Nearly every member of the stakeholder group of this plan has provided or participated in community education. The outreach has been focused on creation of defensible space/ ignition resistant landscaping, home hardening, community evacuation, and family preparedness. A variety of different programs and delivery methods have been used within the community. Some examples of past outreach efforts include: Ready, Set, Go community workshops; booths at community events such as the Vail Community picnics; presentations to homeowner associations; presentations to professional groups such as landscapers and community association managers; and one on one meetings with community members. The Town of Vail and Vail Fire strongly believe in informing all community members of the risk from wildfire. To accomplish this task, Vail Fire began a community-wide curbside risk evaluation process in 2017. This risk evaluation process will evaluate the specific risk to each individual parcel within the community over a 5-year cycle. The intention of this risk evaluation includes; informing each property owner of their specific risks, providing mitigation suggestions, offering additional technical assistance with parcel specific mitigation actions, and measuring change over time. The overall goal of the program is to empower community members to reduce wildfire hazards on their own property thereby reducing the overall hazards within the community. April 21, 2020 - Page 57 of 126 26 Community Wildfire Risk Assessment The Risk Assessment for this CWPP utilizes data from a variety of sources including the USDA Forest Service, Colorado State Forest Service, State of Colorado, Eagle County, Town of Vail and various other partners to this plan. The risk assessment is broken down into several different separate but interconnected components of risk and hazard. The components of the assessment are; intensity and probability of fire, community value at risk directly related to a wildfire event, and potential post fire impacts. A graphical depiction of each component is found in the maps below: April 21, 2020 - Page 58 of 126 27 Figure 6- Fire Intensity Map The fire intensity map shows the potential fire behavior across the planning area. The data is derived from the Colorado Wildfire Risk Assessment Portal (CO-WRAP). April 21, 2020 - Page 59 of 126 28 Figure 7- Burn Probability Map The burn probability map shows the likelihood of a fire once ignited to burn across the planning area. The data is derived from the Colorado Wildfire Risk Assessment Portal (CO-WRAP) April 21, 2020 - Page 60 of 126 29 Figure 8- Critical Infrastructure Map The Critical Infrastructure map shows the infrastructure corridors that would be negatively impacted by wildfire. This layer includes utility corridors, Vail mountain Infrastructure and major transportation routes. April 21, 2020 - Page 61 of 126 30 Figure 9- Wildfire Hazard Map The Wildfire Hazard map overlays critical infrastructure and fire intensity. Areas of overlap have a higher hazard of loss from wildfire. April 21, 2020 - Page 62 of 126 31 Figure 10- Urban Conflagration Hazard Map Urban Conflagration hazard is the hazard of structure to structure ignition. The hazard ranting is based on proximity of structures. Structures closer together have a higher hazard. Structures built with type two or better construction had their hazard rating reduced. This hazard is separate from wildfire hazard since structure to structure ignition is dependent on a different set of factors than wildfire hazard. April 21, 2020 - Page 63 of 126 32 Figure 11- Wildfire Risk Map The Risk Map overlays the Wildfire Hazard Map with the Burn Probability Map to give a likelihood of loss in hazard areas. April 21, 2020 - Page 64 of 126 33 Figure 12- Geologic Instability Map The Post Fire- Geologic Instability Concern Map shows areas of potential hazard post fire. These areas have pre-existing instability concerns and fire impacts may elevate the risks in these areas. April 21, 2020 - Page 65 of 126 34 Figure 13- Watershed Areas of Concern Post Fire Watersheds of Concern map is derived from the 2010 spatial analysis of the vulnerability of watersheds to wildfire. Factors assessed in the analysis include fire behavior, soil stability and roughness. The hazard scale is relative to other sub-watersheds within the Eagle River Watershed. April 21, 2020 - Page 66 of 126 35 Wildfire Preparedness Strategies I. Goal 1: Reduce the risk of a Wildland Urban Disaster within the Town a. Strategy 1- Build and maintain structures and their surrounding vegetation in a manner that resists ignition from wildfire or when ignited does not rapidly spread the fire. Discussion: Community protection starts with all structures in the community being resistant to ignition from wildfire. The building itself and the near building vegetation are the greatest determinate of survival during a wildfire. Actions: i. Implement planning and building codes to require projects to incorporate ignition resistant building materials and landscaping into the project design. ii. Work with commissions and boards to ensure that landscape designs incorporate appropriate spacing of shrubs and trees from structures and from each other. Landscape designs and plant spacing should anticipate the growth and maturation of those plants. iii. Support existing and develop additional programs that empower community members to implement wildfire hazard mitigation on their own property. iv. Maintain and build upon the community wide curbside hazard evaluation program to inform all property owners of the specific risks and mitigation. b. Strategy 2- Implement fuels reduction projects immediately adjacent to the community to minimize fire behavior within 100 feet of structures. Discussion: Research and post fire investigation have shown that structure survivability is high when high intensity fire behavior is kept at least 100 feet from the structure. Projects should be targeted to reducing flame length to 4 feet or less within 100 feet of each structure. Actions: i. Prioritize and incentivize fuels reduction treatments immediately adjacent to community. c. Strategy 3- Ensure consistency among community codes and ordinances is provided for in a manner which supports best practices and existing ordinances regarding structural ignitability. Discussion: It is critical that all codes and ordinances are consistent in intent and application. Public safety shall be a priority in all codes and ordinances. April 21, 2020 - Page 67 of 126 36 Actions: i. Building, planning and fire codes and ordinances should be reviewed during each code adoption cycle to ensure currency and consistency. d. Strategy 4- Integrate wildfire risk reduction and planning efforts with other town(s), county, state and federal environmental and sustainability planning goals and activities. Discussion: Many different environmental, planning and building efforts occur within the CWPP planning area boundary. All plans should consider the impacts of wildfire on specific plans and projects. Actions: i. Include provisions or consideration for wildfire risk into planning and environmental projects proposed and developed within the CWPP boundary. ii. Actively work with boards, commissions, elected officials and land management agencies to ensure that land use practices do not create obstacles to fire suppression and the implementation of projects designed to protect public safety or the community. II. Goal 2: Decrease the probability of landscape scale high severity wildfire events a. Strategy 5- Create resilient landscapes that promote diversity of species, ages and condition classes. Discussion: Landscapes that contain a high level of diversity are more resilient to drought, insect and disease activity and wildfire. Additionally, these types of ecosystems provide high quality habitat for a larger variety of wildlife. Actions: i. Develop and implement forest management and fuels reduction projects, prioritizing high hazard areas as identified in the community risk assessment and further described in the implementation section of this plan. b. Strategy 6- Create compartmentalization across the planning area where unplanned wildfire can be managed for multiple resource benefits. Discussion: Successful management of a large wildfire event is contingent upon utilization of natural or manmade control features. If these features are not already present fire managers will spend considerable time and effort to create control features in the wildfire area. Understanding where existing control features are and creating additional features ahead of a fire event will increase community and firefighter safety by increasing firefighting efficiency. April 21, 2020 - Page 68 of 126 37 Actions: i. Strategically implement fuels reduction projects described in the implementation section of this plan to maximize wildfire response efficiency. ii. Explore opportunities to preplan incident response within the CWPP planning area. iii. Ensure fire management plans are consistent with identified communities’ values at risk. c. Strategy 7- Ensure community has appropriate response resources for wildfire management. Discussion: When a wildfire event occurs within the planning area it is critical that local response resources are capable of locating and managing the fire for public safety, community protection and resource benefit. Actions: i. Support and develop tools to increase effectiveness of response. 1. Engage in the development of fire plans that use Potential Operational Delineations (POD’s) or similar tools. ii. Continue to support the operation of regional resource mobilization such as the Mountain Area Mutual Aid program. iii. Support efforts to develop a statewide mutual aid plan as well as a statewide resource mobilization plan. iv. Improve response capabilities through continued training in WUI and wildland fire response and support of wildland fire resource deployments. v. Continue to refine and exercise the Town of Vail and Eagle County Emergency Operations Plans to ensure efficient implementation when needed. vi. Develop and implement operational plans with Vail Resorts to ensure access to emergency water across the ski area through stored water and snow making equipment. d. Strategy 8- Identify high hazard watersheds and infrastructure and implement mitigation projects that reduce post fire flooding and debris flow. Discussion: Watersheds burned during a largescale wildfire have an increased potential to produce flash floods, significant debris flows and decrease water quality. Work before, during and after a wildfire can minimize the short- and long-term effects of the fire on the community. April 21, 2020 - Page 69 of 126 38 Actions: i. Conduct rapid post fire risk assessments of burn area and downstream community and infrastructure including all lands and jurisdictions. ii. Assign personnel to lead recovery and mitigation efforts. iii. Ensure adequate warning systems are in place to provide advance warning of flash flooding. iv. Identify infrastructure which may be damaged by significant increases in stream or debris flow. III. Goal 3: Build business community resiliency to wildfire disasters a. Strategy 9- Promote and provide tools to businesses to implement and improve business continuity best practices. Discussion: The business community provides the backbone of the community. A wildfire in or near the planning area could cause irreversible harm to the business community thereby crippling the community’s ability to generate revenue. A failure of the business community would likely lead to an overall failure of the community. Actions: i. Develop and implement tools to support businesses in the development of preparedness and continuity plans as well as marketing strategies. ii. Develop a continuity of operations plan for local government for use during a large-scale emergency such as a wildfire. iii. Ensure critical infrastructure has adequate protection to resist damage from wildfire and that resilient infrastructure is developed for the community. iv. Consider ways to integrate local businesses into the Town of Vail Emergency Operations Plan to support response and recovery. IV. Goal 4: Citizen engagement and preparedness a. Strategy 10- Develop and support programs to educate and empower residents to prepare for evacuation. Discussion: It is critical that the community be prepared for an evacuation at any time. A wildfire which starts in or near the community may give only minutes to safely evacuate. Residents, guests and businesses must be prepared to leave quickly and be gone for several days and/or weeks. Actions: i. Develop programs and systems that facilitate the rapid notification of short- term occupancies. April 21, 2020 - Page 70 of 126 39 ii. Support and develop additional programs and systems that facilitate rapid notification of community. iii. Identify and engage community members with access and functional needs to ensure effective response. iv. The stakeholders of this plan should continue to develop and implement programs that build and measure preparedness within the community. b. Strategy 11- Improve the public’s understanding of existing community fire protection infrastructure and limitations. Discussion: The response capabilities of the local resources is limited by the number of responders and apparatus as well as the distance between population centers in the mountains. It is important that the community understands these limitations and prepares their homes and businesses to maximize the efforts of the limited resources. Actions: i. Incorporate community fire protection infrastructure and limitations into educational materials and presentations emphasizing the need for community preparedness. ii. Explore the designation of neighborhood safe refuge areas for use when evacuation is not possible. iii. Ensure Vail Public Safety Communication Center incorporates best practices for emergency communications with public including protocols for worst case scenarios such as trapped by fire. V. Goal 5: Support the utilization of forest products. Discussion: Management of forested lands to promote forest health and reduce the hazard of wildfire is expensive. Markets for logs and biomass would significantly reduce costs. Actions: i. Work with the U.S. Forest Service and Colorado State Forest Service to support the use of wood products within the town and state. ii. Provide technical support and guidance for any business utilizing forest products in and around the Town of Vail. April 21, 2020 - Page 71 of 126 40 Implementation Linked and Individual Structure Defensible Space • Many structures throughout the planning area abut undeveloped land managed by the U.S. Forest Service and Town of Vail. Due to the size and arrangement of the lots throughout the community many of these property owners must modify vegetation on the adjoining public lands to create adequate defensible space. The USFS and Town of Vail should develop standard prescriptions and procedures to allow interested property owners to modify the adjoining vegetation. These prescriptions should follow the Colorado State Forest Services most recent guidelines for the creation of defensible space and current best practices. Priority: High April 21, 2020 - Page 72 of 126 41 Lower Gore Creek Project Area Description: The lower Gore Creek treatment area includes the area from the ridge line north of Dowd Junction east to FS road 700. Interstate 70 and the developed private property from the southeast or downhill boundary and uphill boundary is the lower extent of previous treatments off FS rd. 700 and FS rd. 734. Primary ownership within this treatment area is USFS; however, portions of the treatment area are private and state ownership. The treatment area contains several areas of critical infrastructure including transmission powerlines and communications towers. Treatment Objective: The objectives of this treatment area are: 1. Return ecosystem to historic fire regime 2. Protect critical infrastructure from high intensity wildfire 3. Create compartmentalization on landscape Preferred Treatment Method: Multiple treatment methods will be necessary to accomplish the stated objectives. Below are the preferred treatment methods: 1. Use hand treatments to create linked defensible space for all structures along the downhill boundary of the treatment area. These treatments should extend from the structure to an area at least 100 feet wide. Priority: High 2. Use a combination of hand treatments and mechanical harvest to implement point protection for critical infrastructure. Specific prescriptions for point protection should decrease potential fire behavior below thresholds that would damage infrastructure (i.e. flame length less than 3 feet within 100 feet of the infrastructure). Priority: Moderate 3. Reintroduce fire onto the landscape through the use of prescribed fire. Priority: Moderate April 21, 2020 - Page 73 of 126 42 April 21, 2020 - Page 74 of 126 43 Middle Gore Creek Project Area Description: The Middle Gore Creek treatment area includes the area from FS road 700 to the Pitkin Creek Drainage. Interstate 70 and the developed private property form the southern or downhill boundary. The treatment area covers the lower reaches of the Middle Creek, Spraddle Creek, Booth Creek and Pitkin Creek drainages. Primary ownership within this treatment area is USFS however portions of the treatment area are private and municipal ownership. The eastern portion of the treatment area overlaps with the boundary of the Eagles Nest Wilderness Area. The treatment area contains several areas of critical infrastructure including transmission powerlines and communications towers. Treatment Objective: The objectives of this treatment area are: 1. Reduce high intensity fire behavior within 100 feet of structures 2. Return ecosystem to historic fire regime 3. Create compartmentalization on landscape 4. Decrease potential ignition sources by improving existing power infrastructure Preferred Treatment Method: Multiple treatment methods will be necessary to accomplish the stated objectives. Below are the preferred treatment methods: 1. Use hand treatments to create linked defensible space for all structures along the downhill boundary of the treatment area. These treatments should extend from the structure to an area at least 100 feet wide. Priority: High 2. Reintroduce fire onto the landscape through the use of prescribed fire. Priority: Moderate 3. Prioritize the undergrounding of above ground power distribution lines between the Spraddle Creek subdivision and Bald Mountain Road. Priority: High April 21, 2020 - Page 75 of 126 44 April 21, 2020 - Page 76 of 126 45 Benchmark/ Mushroom Bowl Project Area Description: The Benchmark/ Mushroom Bowl treatment area includes all the area in the upper reaches of the Mill Creek Drainage. The area is commonly referred to as Benchmark or the Mushroom Bowl. The area is accessed via Benchmark Road. Primary ownership within this treatment area is USFS. Treatment Objective: The objectives of this treatment area are: 1. Create operational delineations on the landscape to decrease resistance to control for fires burning within Benchmark or the East Vail Chutes 2. Reduce high intensity fire behavior along the ridgeline between Benchmark and the East Vail Chutes Preferred Treatment Method: 1. Use a combination of commercial timber harvest and hand treatments and prescribed fire to create and maintain openings along the Northern or Eastern treatment area boundaries. Pockets of dead or diseased trees should be removed throughout the treatment area to decrease fire intensity and create potential operational delineations for fire suppression. Priority: Moderate April 21, 2020 - Page 77 of 126 46 April 21, 2020 - Page 78 of 126 47 Eagles Nest/ Lower Game Creek Project Area Description: The Eagles Nest/ Lower Game Creek treatment area includes the area west of the Vail Ski Area Boundary from the Cascade Lift on the north over the top of the ridge to the drainage below the Game Creek Bowl. Primary ownership within this treatment area is USFS. The treatment area contains several areas of critical infrastructure including recreational ski infrastructure and communications sites. The area immediately east of the treatment area is a highly used developed recreation site for summer recreation activities. The Eagle Bahn Gondola which runs along the eastern edge of the treatment area is the primary evacuation method for moving guests from the mountain to safety in the village. Treatment Objective: The objectives of this treatment area are: 1. Protect critical infrastructure and recreational facilities from high intensity wildfire 2. Create compartmentalization on landscape 3. Protect primary evacuation route Preferred Treatment Method: 1. Use a combination of commercial timber harvest and hand treatments to create and maintain openings throughout the treatment area boundaries. Priority: High 2. Use a combination of hand treatments and mechanical harvest to implement point protection for critical infrastructure. Specific prescriptions for point protection should decrease potential fire behavior below thresholds that would damage infrastructure (i.e. flame length less than 3 feet within 100 feet of the infrastructure). Priority: High April 21, 2020 - Page 79 of 126 48 April 21, 2020 - Page 80 of 126 49 Lower Vail Mountain Project Area Description: The Lower Vail Mountain treatment area includes the lower portions of Vail Ski Area Boundary from the Cascade Lift on the west to the Vail Golf Course on the East. Primary ownership within this treatment area is USFS however a large portion of the northern boundary is private ownership. The treatment area contains several areas of recreational ski infrastructure. Fires within this area have the potential to threaten the densely populated core of the Vail Villages. Treatment Objective: The objectives of this treatment area are: 1. Reduce potential fire behavior to low intensity fire within 1000 feet of structures Preferred Treatment Method: 1. Use hand treatments to create linked defensible space for all structures along the downhill boundary of the treatment area. These treatments should extend from the structure to an area at least 100 feet wide. Priority: High 2. Underground distribution powerlines within 1000 feet of all structures Priority: High 3. Use a combination of hand treatments and mechanical harvest to implement point protection for critical infrastructure. Specific prescriptions for treatment area should decrease potential fire behavior to low intensity surface fire. Priority: Low April 21, 2020 - Page 81 of 126 50 April 21, 2020 - Page 82 of 126 51 Deer Underpass/ Bell Flower Project Area Description: The Deer Underpass/ Bell Flower treatment area includes the Deer Underpass State Wildfire Area and Private Property at the West End of Bell Flower and Basingdale Blvd. Ownership within this treatment area is state and private property. Treatment Objective: The objectives of this treatment area are: 1. Reduce potential fire behavior to low intensity fire within 1000 feet of structures and throughout the neighborhood 2. Decrease potential ignition sources by improving existing power infrastructure Preferred Treatment Method: 1. Use hand treatments to reduce potential fire behavior to low intensity surface fire throughout the treatment areas. Priority: High 2. Prioritize the undergrounding of above ground power distribution lines between the throughout Intermountain. Priority: High April 21, 2020 - Page 83 of 126 52 April 21, 2020 - Page 84 of 126 53 Elliott Ranch Project Area Description: The Elliott Ranch treatment area includes the private property within the Elliott Ranch and Highland Meadows communities of West Vail. Ownership within this treatment area is private property. Treatment Objective: The objectives of this treatment area are: 1. Reduce potential fire behavior to low intensity fire within 1000 feet of structures and throughout the neighborhood Preferred Treatment Method: 3. Use hand treatments to reduce potential fire behavior to low intensity surface fire throughout the treatment areas. Priority: High April 21, 2020 - Page 85 of 126 54 April 21, 2020 - Page 86 of 126 55 Previously Completed Wildfire Risk Reduction Projects The stakeholders to this plan have been engaging in wildfire risk reduction and working towards creating a fire adapted community for nearly 20 years. In this time the group have implemented: educational programs; large- and small-scale fuels reduction projects; adopted and amended building and planning codes; and made strides towards more affective wildfire response. A summary of some of the selected activities are below. • Education o Ready, Set, Go- Engaged community members in workshop type format based on the International Association of Fire Chiefs Ready, Set, Go education program. Workshop focused on pre-fire mitigation, family preparedness and evacuation. o Public forums (community picnic, etc.)- Vail Fire and Police, Eagle County and UCR regularly participate in public forums to promote ignition resistant homes and landscaping, personal preparedness and evacuation. o Landscaping guides- In 2016 Vail Fire created a Vail specific Fire-Resistant Landscaping guide to provide technical information and encourage property owners to install and maintain fire resistant landscaping in the near home environment. o Plant guide- In 2019 Vail Community Development, Environmental Sustainability, Fire and Public works co-developed the Fire-Resistant Landscaping Plant Recommendation Guide as a supplement to the larger Fire-Resistant Landscaping guide. The intention of the supplement is to preserve and enhance the natural landscape character while protecting your home from wildfire. o Presentations to professional groups- The stakeholders of this plan periodically get the opportunity to present wildfire related materials to local, statewide and national professional groups. Past interactions include: Landscapers, property and community association manager, builders and architects and the real estate community. The Vail Board of Realtors have become an excellent partner in wildfire education. o Curbside Assessments- Vail Fire has completed several town-wide wildfire hazard assessments since 2000. In 2016 Vail Fire initiated the latest round of wildfire hazard assessments with the stated goal of informing every property owner of the specific hazards of their property. As part of the program the department created the webpage www.vailwildfire.com which acts as the public portal to the community information. Between 2016 and 2021 the department will collect wildfire hazard information on all parcels within the department’s response area. In 2022 data collection will begin again in hopes of tracking change over time. o RealFire- The RealFire program is an in-depth wildfire hazard assessment program which provides property owners the ability to receive recognition for completing all recommended hazard reduction activities. RealFire was co-developed with the Vail Board of Realtors and Eagle County Wildfire Mitigation. The program is administered by Eagle County Wildfire Mitigation and supported by Vail Fire. April 21, 2020 - Page 87 of 126 56 • Fuels o Between 1988 and 2019 the stakeholders of this plan completed over 3,100 acres of fuels reduction and hazard tree removal project within the planning area. Below is a breakdown of the acres treated by ownership. Most if not all projects shown below were accomplished through partnerships between the many stakeholders of this plan. A map showing project area boundaries, year completed, and treatment type can be found on the Town of Vail GIS portal. www.maps.vailgov.com  USFS- 2,880.4 acres  Town of Vail- 37.8 Acres  Colorado Parks and Wildlife- 6.5 Acres  Eagle River Water and Sanitation District- 18.6 Acres  Denver Water Board- 17.5 Acres  Private- 164.6 Acres o Community Chipping- Vail Fire and Emergency Services has operated a curbside chipping service since 2007. Since the inception of the program the department has chipped hundreds of tons of trees and slash to aid property owners in the creation of defensible space. Between 2015 and 2019 the department averaged 116 calls for service per season and provided services to all portions of the response area. The program provides a safe and efficient way for property owners to dispose of slash and is very popular with community. • Planning o Opens lands plan- In 2018 the Community Development Department completed an update to the previously approved open lands plan. The open lands plan is the guiding planning document for the development and management of non-developed Town owned lands. Recommendations of the plan include considering impacts of wildfire when making future land management and planning decisions and a recommendation to develop natural resource management plans for all open space designated town owned parcels. o WUI Code Amendments- The community has legacy building code issues relating to wildfire hazard that will take time to correct. These issues include the use of highly flammable building materials and overly dense planted landscaping. In 2004 Eagle County Adopted its first building resolution requiring wildfire mitigation to be incorporated into new construction. Since that time the resolution has been amended to incorporate the latest best practices. In 2007 Vail Town Council took its first step towards hazard reduction by banning wood roof coverings for new construction and replacement. In 2016 Council amended the design guidelines to encourage use of ignition resistant building materials and fire-resistant landscaping. 2019 saw the further amendment of the design guidelines and building codes to require the use of ignition resistant building materials and fire-resistant landscaping for new construction and significant additions. In all, the jurisdictions having authority in the planning area have April 21, 2020 - Page 88 of 126 57 taken measured steps to create more fire-resistant structures throughout the community. • Operations o Wildland Map Book- In 2016 Vail Fire created the first wildfire response map book for the Vail Valley. The intention of the map product was to provide rapid situational awareness for responders. Additional benefits of the map product included preplanning of evacuation areas. In 2018 the map book was expanded to include all of Eagle County. The map product is available in both paper and electronic versions an is designed to be shareable on commonly used platforms of the wildland response community. o Full Scale Exercises- Vail has hosted a number of full-scale wildfire response exercises, the two most recent were in 2016 and 2017. The intention of the exercises was to practice strategic command and wildland urban interface tactics in a real-world environment. Community evacuation was a large part of both recent exercises. All agencies involved in the exercises learned valuable lessons on operations within the community. o Seasonal wildland firefighter program- Since 2007 Vail Fire has employed a seasonal wildland fire program. In 2014 the Department hired the first full time program manager to oversee all components of wildfire in the department. The original intention of the program was to provide a workforce to complete mitigation projects within the Town. While this is still the central mission of the program, Wildland Division staff now engage in wildfire suppression, education, technical rescue and special event support. o Closest unit dispatching- Closest unit dispatching is a term used for dispatching the closest resource regardless of jurisdiction. This type of dispatching provides the highest level of service to the community and ensures the quickest response. As stated in the Eagle County Wildfire Annual Operating Plan, the closest unit will be dispatched regardless of jurisdiction for all wildland fire. In 2019 Eagle River Fire and Vail Fire agreed to make this uniform across all call types. o Mountain Area Mutual Aid- Expanding wildland fires and/or multiple wildfires rapidly overwhelm local response capabilities within the planning area. Systems are in place to order additional firefighting resources, but time lags of 24-48 hours are common. In 2018 the fire chiefs in the Mountain Region worked together to develop a rapid mobilization system to fill the gap between local resources being exhausted and ordered resources arriving. Nine deployments in 2018 and one in 2019 showed the effectiveness of the program by providing responders in the critical early hours of an incident. April 21, 2020 - Page 89 of 126 PLANNING AND ENVIRONMENTAL COMMISSION April 13, 2020, 1:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Link to Virtual Meeting: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://zoom.us/j/269691644 Password: 266421 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 269 691 644 1.2. Attendance Present: Ludwig Kurz, Karen Perez, Henry Pratt, John-Ryan Lockman, Rollie Kjesbo, Pete Seibert, and Brian Gillette Absent: 1.3 Swearing in of new members. 2. Main Agenda 2.1. A request for the review of a variance from Section 14-3-1, Minimum Standards, Vail Town Code in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the maximum centerline driveway grade, located at 1801 Sunburst Drive Unit A/Lot 2, Vail Valley Filing 3, and setting forth details in regard thereto. (PEC20-0002) 20 min. Applicant: Hilliard West LLC, represented by Pierce Austin Architects Planner: Erik Gates Motion: Approve First: Gillette Second: Lockman Vote: 6-0-0 Kurz absent Planner Gates presents the application. Commissioners had no questions for the applicant. No public comments. Lockman: Straight forward and would improve safety. Rollie: I see the issue, and this is a better alternative. Gillette: I agree with commissioners and staff. Seibert: This is an improvement all around. April 21, 2020 - Page 90 of 126 Pratt: Site constraints warrant granting. Perez: This meets the requirements for a variance. 2.2. A request for the review of a variance from Section 11-6 Business and Building Identification Signs, Vail Town Code, in accordance with the provisions of Section 11-10, Variances, Vail Town Code, to allow for a variance to the number and size of hospital campus signs, located at 180 South Frontage Road West/Lot E and F, Vail Village Filing 2, and setting forth details in regard thereto. (PEC20-0006) 20 min. Applicant: Vail Health, represented by Braun Associates Inc. Planner: Jonathan Spence Motion: Table to 27th of April First: Gillette Second: Perez Vote: 7-0-0 Planner Spence presents the application. Lockman: Please provide some clarity on why staff does not want to have the name on the tower but allows the cross. Spence: The cross is needed to identify the building for safety, the name is not necessary for safety and does not meet the criteria. Pratt: Does this integrate with signs on the highway? Spence: These are for the campus; those other signs are separate from this application. Gillette: Are we allowing more signs and larger signs than we typically allow? Spence: The signs and size are more for wayfinding. Braun’s presentation will address this question more fully. Applicant Tom Braun presents. Lockman: What would be the alternative? Is the red cross alone ok? Braun: We would take the cross at a minimum but would also like Vail Health up there even if lower. However, don’t want to do it too low so that a redevelopment of the Evergreen would block it in future. Gillette: What about the signs on the road? Braun: We are working with Tom Kassmel on signs in the ROW. Kurz: Great looking signs to meet public needs. Concern of highest sign, which seems to be branding. I would like to see mock up of sign on tower for visual impact. April 21, 2020 - Page 91 of 126 Braun: Happy to do that if rest of commissioners agree. Perez: I would like to see how these compare to the current signs. Braun: Prior to construction, not a lot if signs on there. Spence: Agreed most of the signs were along meadow. Lockman: What about wayfinding for helicopter? Is there a need for aerial signs for helicopters? Spence: That would be handled by FAA. Braun: This is private pad without necessity for aerial signs. Lockman: Based on what we did for museum, we only allowed “museum” without added parts. Gillette: What is the international symbol for hospital? Is it the cross or the H? Braun: Unsure if it is H or the cross. Pratt: Is the cross backlit? Spence: Yes, it is halo lit. Staff has concerns that lettering up there will not be legible. Lockman: Would the mock up be digital or physical. Braun: Physical. Kjesbo: Agree with staff, I support for the cross only. Gillette: I disagree. Better off with H path on roads than the red cross. Red cross ineffective and better done with road signs. Kurz: Total package effective and well done. Issue with big sign high up. Would like to see a mock up. Seibert: Agree with staff that signs should be limited to 25 feet for these brand signs. Understand the comments on the red cross from everyone, but no problem with cross alone. Lockman: Agree on branding. Crucial that people are able to identify and get to the hospital. Think the cross or other indicator helpful on tower. Would like to see mockups. Pratt: I don’t think anything needed on the tower. Agree with Gillette, that April 21, 2020 - Page 92 of 126 people will be looking for blue H. Think 28, 29 and 30 are overkill. Question the need for 28 for branding. Rest ok. Perez: We want to be consistent with “hospital” and “H” wherever possible. The branding is not necessary and inconsistent. Want to see mockup and what the old signs are compared to what is now. Like a big H better than cross. Discussion of the existing signs included in this packet. All signs existing are included in packet, but most are new signs. Braun: Happy to regroup and come back with new plans in two weeks. What about the other signs in the packet? Gillette: Do wayfinding signs need to be so big? Lockman: Would like to see other examples of hospitals with these signs. 2.3. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-10-6 Parking; Off Site and Joint Facilities, Vail Town Code, to refine standards to be used in the review of such proposals and to clarify the review process and other considerations, and setting forth details in regard thereto. (PEC20-0007) 20 min. Applicant: Braun Associates, Inc. Planner: Greg Roy Motion: Motion: Table to 4/27 First: Gillette Second: Kjesbo Vote: 7-0-0 Planner Roy introduced the project by describing the code section in its existing form and describing the substantive changes proposed by this application. Major changes include increasing the maximum required distance to off-site parking, allow review of off-site parking to be handled by PEC, setting a percentage of off-site parking allowed, requiring an outline of off-site parking operation and maintenance, and a minimum lease of 10 years. Gillette: Asked a question about the 10-year lease. Asked when the last time this provision had been used. Planner Spence: No memory of this provision being used but knows it had been used by the Lift House over 40 years ago. Gillette: Asked about why only 10 years for the lease, indicated 50 or 100 may be more appropriate. Perez: Echoed Gillette’s statement, and also had a question about submittal requirements Roy: The 10-year lease would provide more flexibility to the town if the property changed uses over the years. The submittal material would be April 21, 2020 - Page 93 of 126 reviewed by PEC. Tom Braun: This provision provides more flexibility for developments. The proposal also closes a potential gap in the code in regard to what an applicant is to do once their parking lease expires. Public Comment Bill Pierce: Asked a question about the goal of this change. Wanted clarification on the 25% allowance and if this was new provision. Had a question about the last proposed provision for what happens when a 10- year lease ends. Also asked why the Town couldn’t expand fee in lieu areas. Some areas, like in Lionshead, would benefit from this. Braun: All of the properties along Meadow Drive are not in the fee-in-lieu area. However, these places do have road access into their on-site parking. It was decided among the applicant and town staff that this method would bring less issues in the future than expanding the fee-in- lieu areas to areas with road access. Gillette: Expressed concern about potentially recommending a code change for the benefit for an applicant. Thinks that the fee-in-lieu structure should be reviewed. “Quarter mile” and “10-year lease” language feels arbitrary. Kjesbo: Also expressed concern about the 10year lease. What happens if after 10 years the lease is not agreed to be renewed? A potentially bigger parking problem would arise. Perez: A 10-year lease is not long-term control. Spence: Is it the responsibility of the town or the applicant to provide parking. If we just collect fee-in-lieu the town will not be able to provide the needed parking to the market. Feels that many developments will opt for the fee. Gillette: Feels that we have a current parking issue due to allowing the market to handle parking. Spence: Feels that tourism is the biggest stressor on the town’s parking. We have a lot of underutilized parking. Gillette: That underutilized parking is more the issue for town parking. Doesn’t feel that the proposed language would address this. Braun: We have parking in the town parking structures and most developments have their own parking. There needs to be something to address additions to existing structures that will require additional parking. With fee-in-lieu a development is “in or out” with their parking. Gillette: Asked staff to look at the towns current parking provisions and the fee-in-lieu structure. April 21, 2020 - Page 94 of 126 Roy: Yes, staff can look into this. Spence: Addressing these issues will take multiple meetings Gillette: Feels that addressing these issues more comprehensively is appropriate. Lockman: What would a more comprehensive parking program look like? Spence: The town has hired a mobility planner to look at town parking requirements and approach. Moving forward we would likely need to include this employee. Braun: To put the quarter mile distance into perspective. The on-site parking for the hospital, for example, would have people walking up to 400 ft into the building. The quarter mile distance is also a common walkability measure. Perez: Need to adjust the lease length and look at this issue more globally rather than using specific project examples. Braun: Requested to table to April 27th. 2.4. A request for a recommendation to the Vail Town Council to adopt the Community Wildfire Protection Plan as an element of the Town of Vail Comprehensive Plan to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC20-0004) 30 min. Applicant: Town of Vail, represented by Paul Cada Planner: Greg Roy Motion: Recommend Approval First: Gillette Second: Kjesbo Vote: 7-0-0 Planner Roy introduced the project and Paul Cada, Wildland Program Manager. Paul Cada: Introduced the concept of a Community Wildfire Protection Plan. This is a planning tool that helps communities identify and reduce wildfire risk. These plans are also used by federal land management agencies to help prioritize their efforts. A CWPP does not obligate the town to implement any specific recommendations or expend funds. There are however minimum standards for a CWPP. These standards are: defining the community’s wildland-urban interface (WUI), identify adjacent land owners, conduct a community risk analysis, a discussion with the community about preparedness to respond to a wildland fire, recommendations to reduce structural ignitability. Cada then described the stakeholder involvement conducted for the CWPP. This started in early 2018. April 21, 2020 - Page 95 of 126 Cada went on to discuss the goals of the plan which include reducing wildland fire risk and community preparedness. Cada continued by discussing the town’s wildland fire risk, he provided maps to aid in this portion of the presentation. Next Cada discussed completed and ongoing measures within the town, these included things such as outreach and education, fuels reduction, the WUI Code amendments, and other operational programs. Cada then explained proposed preparedness strategies. Gillette: Is the CWPP a requirement for fire department funding. Cada: Yes, this plan would open up more grant funding for the mitigation projects desired by Fire. This plan can be updated to include completed projects and new identified projects. Kjesbo: Asked about the recommendation for clearing 100ft worth of fuels from structures. Is this going to be a requirement? Cada: This is just a recommendation, but it would be targeted towards specific at-risk properties. No public comment. Lockman: Thinks this is a good collaborative effort and plan for the community. Seibert: Asked about how this connects with the mitigation above Booth Heights. Cada: This recommendation would help the forest service to reduce and manage the wildlife hazard above booth heights. This would also help reduce other hazards. Pratt: Has concerns about applying these recommendations to properties not adjacent to forest land. Also had a question asking if people have been sued for implementing or not implementing these recommendations. Cada: In his experience no, he has not seen this happen. Cada did not see this as opening up lawsuits for property owners. Perez, Gillette, and Kurz were in support of the proposal. 2.5. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 2211 North Frontage Road West which is composed of Tract C, Lot 1 Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, from the Commercial Core 3 (CC3) District to the Public Accommodation-2 (PA-2) District and setting forth details in regard thereto. (PEC19-0047) 90 min. This item will be heard concurrently with PEC19-0046 and PEC19-0048. April 21, 2020 - Page 96 of 126 Applicant: TNREF III Bravo Vail LLC True North Management Group LLC, represented by Mauriello Planning Group Planner: Greg Roy Motion: Recommend Approval First: Kjesbo Second: Lockman Vote: 6-1-0 (Gillette opposed) Planner Greg Roy read into the record correspondence received after all other correspondence had been provided to the commission and the public. Planner Greg provided the commission with an overview of the proposal and the applicable criteria. Greg discussed the change in recommendation from the previous meeting. Staff also looked more closely at the criteria related to what has changed. Greg discussed the PA-2 zone district and its intent. Commissioner Lockman asked for additional clarification regarding the commercial uses. Greg spoke to staff considerations on this. Dominic Mauriello provided a presentation concerning all three applications. Dominic spoke to the resolution of long-standing nonconformities related to use, density and height. Dominic spoke to the reasoning for the SDD. Dominic summarized the ideas/issues that arose during the previous meeting(s). Dominic discussed the conditions of approval and the condition related to public art. The applicant does not agree with the proposed AIPP contribution proposed by staff. Dominic walked the commission through changes that were made to the plans, specifically the changes to the EHU building and the parking/sidewalk/snow storage configurations. Lockman asked for clarification on the “sharrow” through the parking lot. Dominic clarified that it is striping only at that the valet will be aware. Lockman spoke to the sidewalk alignment and what is intended for the public vs the occupants. Dominic clarified that the western sidewalk is intended for the public while the area through the site is intended for occupants. The easement on the east side was spoken to. PUBLIC COMMENT April 21, 2020 - Page 97 of 126 Michael Spiers-Spoke to concerns/comments related to the EHU building, its location and height. Feels that it is out of scale with the neighborhood and that it should be reduced the three stories. Pat Lauer- Spoke to the need to hear staff’s view on the SDD criteria. Feels that staff has changed their direction concerning the rezoning. COMMISSIONER COMMENTS Rollie- Supports the rezoning. Lockman- Supports the rezoning and removing the nonconformities. Siebert- Concurs with Lockman and Rollie. Gillette- A loss of the commercial uses cannot be overlooked. Interested in more multiple used, need community commercial. This is a huge mistake and is short sighted. Perez- Supports the rezoning Pratt- Recognizes the change in the commission. Supports the rezoning. Kurz- Supports the rezoning. 2.6. A request for review of an Exterior Alteration, pursuant to Section 12-7J- 12, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a hotel addition and an EHU apartment building, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC19-0046) This item will be heard concurrently with PEC19-0047 and PEC19-0048. Applicant: TNREF III Bravo Vail LLC True North Management Group LLC, represented by Mauriello Planning Group Planner: Greg Roy Motion: Approve with Conditions First: Lockman Second: Seibert Vote: 4-3-0 (Pratt, Kjesbo and Gillette opposed) Conditions: 1.This approval is contingent upon the applicant receiving approval of the Special Development District application PEC19-0048 and the Zoning Code Amendment application PEC19-0047. Planner Roy continued his presentation, focusing on the SDD and Exterior Alteration. Roy walked through the changes that occurred since the previous hearing including the changes to the EHU building including massing and building entrances. April 21, 2020 - Page 98 of 126 Roy spoke to changes in the snow storage management plan and the inclusion of the grasscrete pavers. Many of the changes reduced the level of deviations necessary and has improved the functionality of the project. Roy spoke to the deviations requested, the benefits offered and the reason for the level of AIPP contribution requested. Roy spoke to the changes in building height. Dominic had no further comments but referenced the criteria in the staff report and applicant narrative. PUBLIC COMMENT Tanya Boyd- Concerned with the sun shading of the EHU building and how snow storage and removal will occur. Tom Kassmel-Town Engineer-Spoke to the separated sidewalk allowing an adequate area for snow storage. Recognized that additional sun shading will require increased maintenance. Pat Lauer- Spoke to the mass of the building and the image shown and feels that it is excessive in size. Would require removing the entire top floor. Not just chunks. Concerned about the shading creating unsafe conditions for pedestrians. Concerned with the public transit capacity and that Highline does not have the shuttle capacity. Feels that the EHU building is out of character with the neighborhood. Double standard with the developer being allowed things that are not otherwise permissible. Tanya Boyd- Concerned about large vehicles, buses and tractor trailers and a lack of parking for them. Concerned about parking for EHU building. Has witnessed a lot of parking on site during the winter months. Kathy Standage-President of the Tall Pines HOA on Chamonix. Major concerns with parking for the EHU building. Concerned with the aesthetics of the EHU building. Cheep façade that does not match hotel. People in West Vail are not happy about this. How can this be stopped from being pushed through? Mike Spiers- Is this the last opportunity to discuss the height of the EHU building? What would be the harm in reducing the EHU building to an acceptable height? Need a compromise here. Pat Lauer- Where do employees park at the Double Tree? Does anybody care about the mature trees that will be removed? Are there any penalties if the project takes too long? Steve Lindstrom- Speaking for Housing Authority- This proposal is absolutely what we should be doing. On the bus line, close to services with minimal infrastructure needed. Kathy Standish-No discussion on pollution, trees removal etc. April 21, 2020 - Page 99 of 126 END OF PUBLIC COMMENT Brian Gillette- Its public comment not negotiation between the public and the applicant. Great letters have been received that speak to how the application relate to the standards and guidelines. The public has done a great job. Kurz- Questions arose concerning employee parking and large buses. Planner Roy spoke to the parking study that was provided and that the parking provided exceeds that what demand is anticipated. Dominic spoke to required parking of the EHU building based on other similar developments. Dominic also spoke to tour buses and other large vehicles. COMMISSIONER COMMENTS Rollie- Still concerned with the height of the EHU building. Need to remove a total floor. Asked to look at the elevations again as some of the mass is increased with the proposal. Ok with the parking being managed. Still have a problem with height being over 38’ on the EHU building. Support staff on public art. Lockman- Likes other commissioners’ comments. Looking at criteria and process, a good process. Interior walkway through the parking lot is a good compromise but that easement on the east is important. Agrees with staff on AIPP contribution. Siebert- Good changes made to EHU building. Will support. Gillette- A lot can be done to improve this development. Questions public benefit and deviations. Need to reduce deviation or add increased public benefit. Perez- Applicant has made good changes. Not perfect but a lot of the concerns are view based. Project good for community. Pratt- Very concerned about the height, bulk and mass of the EHU building. Concerned with criteria 1,2 and 6 in the staff report. Questions about loading and trash. (Planner ROY responded to question) Question for the applicant concerning placing the EHU building along the east side of the property (Dominic responded that it was looked at and did not work) Thinks north south is a better orientation. Kurz- Feels that the applicant has made significant changes. Has concerns with the height but does not want to lose units. Thinks there are more public benefits including tax revenue. Feels the sun/shading has been addressed. We should ask the applicant to table so more can be worked on. Feels that the public benefit outweighs deviation. Supports staff on AIPP contribution. April 21, 2020 - Page 100 of 126 Dominic: Ok with AIPP. Would like to move forward to the TC. 2.7. A request for a recommendation to the Vail Town Council of an application establishing Special Development District No. 42 (Highline Hotel Renovation 2019), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a hotel addition to add 79 accommodation units, convert 19 existing dwelling units to 19 limited service lodge units, create a 12 unit EHU dormitory, remove office space, add conference space and build 16 unit employee housing apartment building, and related uses and improvements, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC19-0048) This item will be heard concurrently with PEC19-0047 and PEC19-0046. Applicant: TNREF III Bravo Vail LLC True North Management Group LLC, represented by Mauriello Planning Group Planner: Greg Roy Motion: Approve with Conditions First: Lockman Second: Seibert Vote: 4-3-0 (Pratt, Kjesbo and Gillette opposed) Conditions: 1. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 7. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. April 21, 2020 - Page 101 of 126 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installation shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. (Please see commentary from previous item) 2.8. A request for the review of a variance from Section 12-7A-11: Parking and Loading, Vail Town Code in accordance with the provisions of Section 12- 17, Variances, Vail Town Code, to allow for a variance from the prohibition of parking located within the front setback and from the requirement that 75% of the required parking be located within the main building, located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch Road Subdivision, and setting forth details in regard thereto. (PEC20- 0003) 2 min. The applicant has requested that this item be continued to the April 27, 2020 public hearing. Applicant: Vailpoint LLC, represented by Sarah J Baker PC Planner: Jonathan Spence Motion: Continue to April 27, 2020 First: Perez Second: Kjesbo Vote: 7-0-0 2.9. A request for the review of a Major Exterior Alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for the replacement of the existing structure with a seven (7) suite lodge with related site improvements, located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch Road Subdivision, and setting forth details in regard thereto. (PEC19-0008) 2 min. The applicant has requested that this item be continued to the April 27, 2020 public hearing. Applicant: Vailpoint LLC, represented by Sarah J Baker PC Planner: Jonathan Spence April 21, 2020 - Page 102 of 126 Motion: Continue to April 27, 2020 First: Gillette Second: Perez Vote: 7-0-0 2.10. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to amend Section 12-6I-8: Parking and Loading, to revise the requirements related to mobility and onsite parking in the Housing (H) District, and setting forth details in regard thereto. (PEC20-0005) 2 min. The applicant has requested this item be tabled to April 27, 2020. Applicant: Town of Vail Planner: Jonathan Spence Motion: Tabled to April 27, 2020 First: Kjesbo Second: Perez Vote: 7-0-0 3. Approval of Minutes 3.1. March 9, 2020 PEC Results Motion: Approve First: Gillette Second: Perez Vote: 6-0-1 (Pratt recused) 4. Adjournment Motion: Adjourn First: Kjesbo Second: Perez Vote: 7-0-0 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 Published in the Vail Daily April 10, 2020 April 21, 2020 - Page 103 of 126 Vail Community Wildfire Protection Plan Paul Cada Wildland Program Manager April 21, 2020 - Page 104 of 126 What is a Community Wildfire Protection Plan (CWPP)? Vail Fire Department | VAILGOV.COM/FIRE •The CWPP is a critical planning tool for communities to collaboratively work with partners to reduce risk and increase resiliency to wildfire o Federal land management agencies use these plans to prioritize treatments •The CWPP concept was developed and authorized by the federal government as part of the Healthy Forest Restoration Act in 2003 •Plan must meet the minimum standards and guidelines as set forth by the Colorado State Forest Service, including broad stakeholder collaboration and community engagement •Developing a CWPP does not obligate any participant to implement any specific recommendation nor expend funds •CWPPs are a minimum requirement for nearly all mitigation grant funding April 21, 2020 - Page 105 of 126 Plan Components Vail Fire Department | VAILGOV.COM/FIRE Per Colorado Senate Bill 09-001, The Colorado State Forest Service was directed to develop and enforce a minimum standard and guidelines for approving CWPPs within the State of Colorado. Minimum Standards: •A definition of the community’s wildland-urban interface (WUI) outlined on a map with an accompanying narrative. •Identification of adjacent landowners •A community risk analysis that considers, at a minimum, fuel hazards, risk of wildfire occurrence, and community values •A discussion of the community’s preparedness to respond to wildland fire •Recommendation of methods to reduce structural ignitability •An implementation plan that includes identification of specific fuels treatment areas and provides a relative priority for completion of the project April 21, 2020 - Page 106 of 126 Fire Adapted Vail Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 107 of 126 Background and Process Vail Fire Department | VAILGOV.COM/FIRE •Community stakeholder driven planning process •Stakeholder group includes multiple Town of Vail departments and external partners such as the USFS, Colorado State Forest Service, Eagle River Watershed Coalition, Utility Providers, Vail Valley Partnership, Colorado Parks and Wildlife, Vail Resorts and water providers •Planning started in early 2018 •Five stakeholder meetings •One community meeting with subsequent community survey •Many small working group discussions April 21, 2020 - Page 108 of 126 Plan Goals 1.Reduce the risk of a Wildland Urban Disaster within the Town 2.Decrease the probability of landscape scale high severity wildfire events 3.Build business community resiliency to wildfire disasters 4.Citizen engagement and preparedness 5.Support the utilization of forest products Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 109 of 126 Planning Area and Wildland Urban Interface Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 110 of 126 Community Wildfire Hazard Assessment Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 111 of 126 Community Wildfire Hazard Assessment Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 112 of 126 Community Wildfire Hazard Assessment-Map Viewer Vail Fire Department | VAILGOV.COM/FIRE http://maps.vailgov.com/ April 21, 2020 - Page 113 of 126 Evaluation of Communities Preparedness for Wildfire Response Vail Fire Department | VAILGOV.COM/FIRE •Emergency Response •Citizen Preparedness and Evacuation Planning •Business Community Preparedness April 21, 2020 - Page 114 of 126 Completed Projects Vail Fire Department | VAILGOV.COM/FIRE •Outreach and Education •Curbside Evaluations •Ready, Set, Go •Open House •Fuels Reduction •Over 3,000 acres of treatment across USFS, TOV, CPW and Private Land •Curbside Chipping •Planning •Open Lands Plan •WUI Code Amendments •Operations •Wildland Pre-Plan Map Book •Seasonal Firefighter Program •Closest Unit •Mountain Area Mutual Aid April 21, 2020 - Page 115 of 126 Recommendations for reducing structural ignitability and prioritizing fuels treatment projects Vail Fire Department | VAILGOV.COM/FIRE •Identifies 11 strategies and 36 actions to achieve the stated plan goals •Identifies specific fuels treatment areas and methods to reduce wildfire hazards to the community and its values at risk April 21, 2020 - Page 116 of 126 Selected Wildfire Preparedness Strategies Vail Fire Department | VAILGOV.COM/FIRE I.Goal 1: Reduce the risk of a Wildland Urban Disaster within the Town b.Strategy 2-Implement fuels reduction projects immediately adjacent to the community to minimize fire behavior within 100 feet of structures. Discussion: Research and post fire investigation have shown that structure survivability is high when high intensity fire behavior is kept at least 100 feet from the structure. Projects should be targeted to reducing flame length to 4 feet or less within 100 feet of each structure. Actions: i.Prioritize and incentivize fuels reduction treatments immediately adjacent to community. April 21, 2020 - Page 117 of 126 Selected Recommended Fuels Reduction Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 118 of 126 Selected Recommended Fuels Reduction Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 119 of 126 Plans Into Actions Vail Fire Department | VAILGOV.COM/FIRE Adopting this CWPP will provide a framework for the actions necessary to protect our community from wildfire and ensure continued collaboration between the Town of Vail and surrounding property owners such as the USFS April 21, 2020 - Page 120 of 126 Vail Fire Department | VAILGOV.COM/FIRE Questions? April 21, 2020 - Page 121 of 126 Vail Fire Department | VAILGOV.COM/FIRE April 21, 2020 - Page 122 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No.2, Series of 2020 - Rezoning 366 Hanson Ranch Road (Vailpoint) P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: P UR S UA NT TO A N E ME R G E NC Y O R D E R, D AT E D A P R I L 15, 2020, T HI S I T E M HA S B E E N P O S T P O NE D UNT I L S UC H A T I ME A S A N I N-P E R S O N P UB L I C HE A R I NG MAY B E HE L D. April 21, 2020 - Page 123 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 3, S eries of 2020 - F irst Reading - Rezoning 2211 N. Frontage Road P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: P UR S UA NT TO A N E ME R G E NC Y O R D E R, D AT E D A P R I L 15, 2020, T HI S I T E M HA S B E E N P O S T P O NE D UNT I L S UC H A T I ME A S A N I N-P E R S O N P UB L I C HE A R I NG MAY B E HE L D. April 21, 2020 - Page 124 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 4, S eries of 2020 - F irst Reading - E stablishment of a New S pecial Development District - 2211 N. F rontage Road P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: P UR S UA NT TO A N E ME R G E NC Y O R D E R, D AT E D A P R I L 15, 2020, T HI S I T E M HA S B E E N P O S T P O NE D UNT I L S UC H A T I ME A S A N I N-P E R S O N P UB L I C HE A R I NG MAY B E HE L D. April 21, 2020 - Page 125 of 126 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 7:15 pm (estimate) April 21, 2020 - Page 126 of 126