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HomeMy WebLinkAboutVAIL VILLAGE FILING 2 TRACT D EAGLE RIVER WATER & SANITATION 2000-2006 PART 2 LEGAL Project Name: DRB Number: DRB030543 Project Description: proposed building addition for water/water treatment plant expansion Participants: OWNER EAGLE RIVER WATER&SANITATI 12/10/2003 846 FOREST RD VAIL CO 81657 APPLICANT Braun Associates, Inc. 12/10/2003 Phone: 970-926-7575 P.O. Box 2658 Edwards, CO 81632 Project Address: 846 FOREST RD VAIL Location: 846 Forest Road Legal Description: Lot: 31 Block: Subdivision: VAIL VILLAGE FILING 2 Parcel Number: 2101-072-0900-1 Comments: BOARD/STAFF ACTION Motion By: Action: CONCEPT Second By: Vote: Date of Approval: Conditions: '` Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Planner Bill Gibson DRB Fee Paid: $300.00 Application for Design Review Department of Community Development ��� F VAIL ; 75 South Frontage Road,Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. fi Description of the Request: Proposed building addition for water/water treat plant expansion. Location of the Proposal: Lot: Block: Subdivision: See Legal attached Physical Address: 846 Forest Road Parcel No.: 210107209001 ( Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: GU Name(s) of Owner(s): Eagle River Water and Sanitation District Mailing Address: 846 Forest Road, Vail, CO 81657 Phone: 477-5408 Owner(s) Signature(s): Name of Applicant: Represented By Braun Associates, Inc. Mailing Address: PO Box 2658, Edwards, CO 81632 Phone: 926-7575 E-mail Address: dominic(abraunassociates.com Fax: 926-7576 Type of Review and Fee: ❑ Signs $50 Plus$1.00 per square foot of total sign area. ❑ Conceptual Review No Fee ❑ New Construction $650 For construction of a new building or demo/rebuild. le Addition $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions&interior conversions). ❑ Minor Alteration $250 For minor changes to buildings and site improvements, such as, (multi-family/commercial) reroofing, painting, window additions, landscaping, fences and retaining walls, etc. f' ❑ Minor Alteration $20 For minor changes to buildings and site improvements, such as, (single-family/duplex) reroofing, painting, window additions, landscaping, fences and retaining walls,etc. ❑ Changes to Approved Plans $20 For revisions to plans already approved by Planning Staff or the Design Review Board. ❑ Separation Request No Fee For Office Use Only: ,,AA Fee Paid: Check No.: 2.41 13 By: - Y ,,--`` ► , Application Date: DRB No.: MY.44141E, Planner: '; Project No.: 1:—.�. ,.rr — Tip � f TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us January 22,2004 Tom Braun,Braun and Associates Edwards Village Center, Suite C-209 PO Box 2658 Edwards, CO 81632 RE: Eagle River Water and Sanitation District—water treatment plant addition Dear Tom, The ERWSD water treatment plant addition plans submitted to date are adequate for conceptual design review; however,the following items will need to be addressed to better clarify the details of the proposal and to facilitate a final review of the proposal: Site Plan 1. Identify existing and proposed easements. 2. Identify existing and proposed grades(including below the proposed addition). 3. Identify the elevations of all roof ridges and the parking deck. 4. Identify proposed driveway grades. 5. Identify all existing and proposed utility service lines (including conduit for future Holy Cross utility relocations). 6. Provide limits of disturbance fencing. 7. Identify top-of-wall and bottom-of-wall elevations for all retaining and parking structure walls. Architectural Floor Plans 1. Provide architectural floor plans for each level of the structure including the parking deck. 2. Provide a roof plan including all roof top mechanical systems. 3. Proposed architectural floor plans must be consistent with the proposed architectural elevation plans. Architectural Elevation Plans 1. Identify the proposed finished elevations of floors and roofs on each level. 2. Identify the roof line and ridge elevations. 3. Specify all exterior colors and materials. 4. Identify all rooftop mechanical systems. Lighting Plan 1. Provide an exterior lighting plan with fixture cutsheets. twit RECYCLED PAPER TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us Again,I regret the miscommunication that has occurred with this project and any inconvenience it has caused you and the ERWSD. If you have any questions or comments,please feel free to contact me directly at(970)479-2173. Sincerely, Bill Gibson,AICP Town of Vail 2 %at RECYCLED PAPER S t r u c t u r de I Fg*fa*r"ss Pt> s i t ir,r: Me chanic nl {jon nec, ioir Keystonet patented pin system proddes dependable strength where it's needed most. High strength fiberglass pins provide built-in aligmlent lor the Century Wall SJstem and ensures that each unit is securely interlocked within the wall face. ln addition, this unique pinned system allows for a mechanical connection with gcogrid soil reinforcement, securing its placelrcnt between units and allowing for proper tension of the geogrid. Produ$ 1)rrsign The Century Wall unit design provides important features needed but not always found in a segmcntal retaining wall. The ccnter core area of Century Wall provides an open cell in which unit drainage fill is placed adding weight, facial stability and additional interlock for each wall module. This gravel fill provides a critical funaion as a drainage filter which hclps alleviate hydrostatic prcsure and assists in locking the geogrid within the wall face. Rt.r r t dom L) r t it Plact, n t a t r l Century Wall's random face appcarance provides the look o{' hand laid stone with thc design and construction advantages found in a scgmental retaining wall. Thrce facing elements 8" in hcight, with varying widths from 7" to 18" each randomly placed within the wall, give Century Wall the character of a nalural stone wall. All Century Wall units are 12" dcep providing the stability required for constructing taller wall structures. Tr-![ PTNNEn 5Y5Tr#i t,: '/f *.I {t $r ,r , .a. i:i. Design Assorwtptions .rr ilrr)t"rr'ii i:r 1frr.t ;ir,I i lt-.lciv. . Friction angle (PHl) for earth pressure calculations of geogrid reinforced walls is evaluated at 26', 3oo and 34o only. For other soil type anatysis, refer to Keywall Software program or consult with a qualified engineer. . Moist weight of three soil types indicated is 12o lb./ft,3 (rgkN/m). . Sliding calculations use 8" (zoomm) crushed stone leveling pad as compacted foundation material. . All backfill materials are compacted to 95% Standard Proctor density. . The term "vertical" is a watl built to a near vertical alignment having a slight positive setback (1" t ' The information provided herein is for preliminary design use only. A qualified engineer should be consulted for design and analysis of structures. Keystone Retaining Wall Systems, Inc. assumes no liability for the improper use ofthis information Illirr/rl'r:irri ll.il Ji - .\*'f Jrrrr i. l.lr'lrr jJ,t" {)i' r lirr lrrrr srtT/IEAN CLAY PHI = 260 (,r'ayit r' 11,'rl/ - Nt'r}l' \'i'r'Jlr'rrl 1)ctrrii o 5u ncHerce/ :VEL URADE Bncrrrrr Dnerrulc e MATERTAL BASE LEVELINc PAD ()rnt ity \\itll .\r,t1'rrr'[,l).,iiil/ li.{]' r ljirlr('r' I ---r-_ t,qI tl No Su RCHARc E/ LEVEL LRADE n EtcH I DRAINAC E MATERIAL Besr L:vruruc Pno flr' jil/orrri/ }1,illf - .\ro r Vrrt jr"rr J {-}c,lriiJ I T I I I I i:i1:,' I IIr 8' (1oo T BASE LEVELING PAL) EMEEDMENT DEPTH BELOW CRADE MTNIMUM oNr uNrr oR H/2o C EOC RIt) RE IN FO RCEM ENT REINFORCED FILL ORAINAGE MATERIAL EMBEDMENT DEPIH BELOW CRADE MTNTMUM oNE uNtr oR H/2o TN.IE PINNti.} SYSTE.M . ',t.{.\.. 'i 1.. l ,f .i .i't at' .if' ,':].", fl]-.r::]r:::lr;l-]-:HI Fl 50,lzu,,ctrlFrE__t F-F Fk) - F.H l H -HF---oH=H----!rtrL-r;)tr^tr-----1-Jna.;)l-.H'u, H ^ H -r"1-'1 Jrc ilo ry _+--o 5:,s (16m) 6.2s'(l.etrr) 725 (2.2n) 82s (2.sm).1.?5'(1.0m) 4.2s { l..l,f ) */tr- -?- tr ^ tr-1rJH rt_1:J H a H-FH,ir-1 j-: n= 2.2s (0.7nr) I25 (1.0m) .1.25 (l..im) .-.-/_=-' tr -l-T Fr-_----u ff1rr FL_ci)H_H- f-l-H_:q--!lJ -flJ 6.?5 (l.en') 72s (? 2n) Fil rcE. - Jl-1l-rr 2 2s (0.7m) 3.2s'(r.o,L) s 2s (1.6m) 6 ?s (1 em) 7 2s'(2.1.r) 8.2s (2 snr) ii! !. vll\iii:i.) lir\'tilli $-"$ 91 * sis $,$ ,$; $'x c:g' $- $. $r.'i) ii i,) H L/ 2.?5 (o 7m) soi td( |__l 2 2s (0.2n,) .1.?s'(1.0m) 2 )5 (o 7n) 3.2s (1.0n) a 2s (r 3m) I rl. i:::ifi\t il l::\:'!liirlir Xlesign Chilrts \','*)) I l) 2 2s'(0 7m) 3.2s (r.om)4.2s (l ld)5.2s'(r.9m)8.25'(2 sm)7.2s't2.1n) 2.25".0.7h1 7.25'(2.2nl' I 2.2s'(o.7mt 3.25'(r.om)s.z1r.O-1 7 25' (2 2n) 8.2s' (2.sm) 11 --tr 2.2s'(A7n)3.25 ' (r.0n )s.2s'(1.6m) H= 2 25 (0 7m)3.2s(104i) 4.2s,(1.3m) -7A-'"t"' l I 2.2s i.0.7n\ 3.2s (1 orn)s 2s 11 6m) 6 2s (l 9m) 7.2s 12 2n' THE PINNED SYSTEM ...,..:.: ry' Keystone Retaining Wall Systems, Inc. resetves the riSht to improve its products and make changes in the specification and design without notice. The product color may vary from those shown in this brochure and those colors may not be available in your area. The unit weight and unit dimensions may also vary. The information contained herein has been compiLed by KEYSTONE and to the best of its knowledge, accurately rep.esents the Keystone product and how it may be used in the applications \,vhich ar; itlustrated. However, site conditions, including loading conditions, soiltypes and drainage conditions, will vary Fina[ determination of the suitabiLity of the product for the use contemplated and the manner ofproduct use are the sole responsibility ofthe user. Good construction practices and local building codesrequire the use 0f an engineered design when constructing retaini ng walls orfree-stand- ing wall--s in many ionditions. StructuraldesiSn and analysis should be pro/ided by a qualified engineer' @2003 Keystone Retoining Wall Systems, Inc. ' 4444 west 78th St', Minnapoli5 M! 5:4:1 (g52) 897'-1040 ' fat O;2) 897-4858 ' Pateflted ll's. & Intemoional Markets ' cw-TM0I il Hi E dtr )r,LO)<YE If I 9f'rltg clJ P-c|FE)o-(J 19r18 t u (J 5 I tr;'l luii 4ii oGI oor€ o q) O +s 8 +zo F z,o 5 1|lU' Eo- k t 6 tlgUln 'y\V tZ:9t:6 tOOZl6lZ '6mp'SSValg-IVCMONSValsey\\alrsla^rUa;6e316ivtpi1'9670nO]\:( !-{ Jq< b- Ed i ) ) r.tL6)< c. e.L(' If-I (l --1 --j (9f r!18 6-rIlJJ 8-c|Fcfo- L) 1'9118 t!tr e. \ I;'f tu;ii <ii3 ool I o +sf 8 +zo F6 2o 5utu,I kL kO =oz cft 10uln 'nv Lz:9?:6 voozl6lz '6r'rp'ssvalg-IVCMONSUalsey{\a}lsra^ruel6e3\0/v\p\t00z0no1\:( H H3 6z 6- Ed o b{OUJ o<ue,o.(, \ \r )z'0618 f,:t:e,=d_( I r'0618 (' l 'Hic rrJ (J \ I;'q [lli: <iii oGI l.) FI (} oO + I+ C" z,otr H 2o 5 lU CD EL k tza tlCUf n 'y\V t 9:9t:6 tOOZt6tZ '6i'rp'SSValE-IVOMONSValsey{\alrsro^!Ua16e316mp1;9970AOI\:c ul OJ E3 tnz 6-Ei o tnOur0-oo<EE0.o \ \r-I'l I )z'0618 o_ bt: P3 c|Fe.=o( I r'06r8 o ,)I E3 ar.l (, \ I;'t ru;ii 4ig oN F @ F d)(!o oN@ oO + O) I+(t)zo E Fa 2o 5 ]Uq, E0- k tza llOUln 'nV l9:9t:6 VOOZIiIZ '6r$p'SSVa.,te--LVCMONSVolseyr|\alrsra^rUat6e3\6tvtp\t0oZo^OI\:( or)(D^, I od3 o-= Fg: @o Zvi; )24tD< |-=(opir- <-}V rJ ll,:, 9t>ni L.? tl*i<EF899 .J foI tra El- ctlJcqt a at =ot .CC at o(tr g'6 o C =oF ,'uttttrt|llllli 9trri i-.? ul '.iigHs (, 4 t.t to. trJ (J El-(t!Cqt ct) qt =o, .CC d o(tr g d o C =ot- c)t@^ | o<j l r{xI \/t o )2,4cD< | --@P;-s6 ;, i,g pt> .u; !-Gq ui'.i i<E.k 899 El-qtoCda at =o) .EC d o(tr g qt o C =oF l Ia EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement"), is made as of the _ day of ,2004, by and between TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, whose address is 75 S. Frontage Road, Vail, Colorado 81657 (he "Town"), and THE VAIL CORPORATION d/b/a VAIL ASSOCIATES, INC., a Colorado corporation, whose address is c/o Vail Resorts Development Company, P.O. Box 959,137 Benchmark Road. Avon, Colorado 81620, Attention Kursten Canada, Esq. ("VAI"). WITNESSETH: l. Grant of Easement. For good and valuable consideration (including the covenants and agreements hereinafter contained), the receipt ofwhich is hereby acknowledged, the Town does hereby grant and convey to VAI, its successors and assigns,, with an1'after-acquired title but without warranty of title, perpetual easements, easement rights, and rights-of-way as follows (collectively, the "Easements") : (a) An easement one over, under, above,, through and across the premises described on Exhibit A attached hereto (the "Bridge Premises") for installing, constructing, maintaining, repairing,, removing, replacing, changing. altering, adding to, operating, using and enjoying a bridge structure crossing Gore Creek, together with abutments, retaining walls, and other facilities, fixtures, equipment and improvements associated with or related or appurtenant to such bridge structure (collectively the "Bridge Improvements"); (b) An easement on. over, under, above, through and across the Bridge Premises (including, without limitation, the Bridge Improvements) and those adjacent premises described on Exhibit B attached hereto for installing. constructing. maintaining, repairing, removing, replacing, changing, altering, adding to, operating, using and enjoying water transmission and other utility lines, vaults and transformers, and other facilities, fixtures, equipment and improvements associated with or related or appurtenant to any utilities, to be used for sno*.making and related purposes or other purposes or functions associated with Ski Mountain Operations (as hereinafter defined); (c) An easement on. over' under, above, through and across the premises described on Exhibit C attached hereto for installing, constructing, rnaintaining, repairing, removing, replacing, changing, altering, adding to, operating, using and enjoying (i) a water intake structure and related pipes, utility and other improvements, facilities, equipment and fixtures, and (ii) storm drain pipes and related improvements, facilities, equipment and fixtures, to be used in connection with snor,l.making or other purposes or functions associated with Ski Mountain Operations (those improvements, facilities, equipment and fixtures at any time present pursuant to the Easements granted under the foregoing provisions of this paragraph 1 are sometimes referred to hereinafter collectively as the "Improvements". and the Bridge Premises and those premises described on Exhibits B and C hereto are sometimes referred to hereinafter collectively as the "Premises"); and 6:0028 2 RCFTSH 0619/0,14 2i PIlr (d) An easement and right to occupy and use, from time to time, as much of the land adjoining the Premises and presently owned by the Town, regardless of any subsequent transfers thereof (the "Ancillary Premises"), as may be reasonably necessary or appropriate for exercising or enjoying the Easements under the foregoing provisions of this paragraph 1, and specifically including, without limitation, rights of ingress and egress to and from the Premises. The Easements shall inure to the benefit of and may be enjoyed b1 VAI, and its agents, employees, customers, contractors, licensees and invitees, as the same are designated by VAI as beneficiaries from time to time (collectively with VAI, the "Permittees"). The Easements may be used in connection with the operations of the downhill ski area and year-round mountain resort and recreational facility commonly known as Vail Mountain, as those operations change, expand and evolve from time to time (and which include and may include summertime and wintertime recreational and entertainment pursuits. both ski-related and not ski-related), and for related or other purposes associated with the business affairs of VAI or its affiliates (collectively "Ski Mountain Operations"). 2. Maintenance. VAI will bear sole responsibility for an,v maintenance or repair of the Improvements and the Easements at VAI's sole cost and expense, and the Town will have no liability or responsibility for any maintenance or repair of the Improvements or Easements (unless the need for any maintenance or repairs arises from any damage caused by the Tou'n or anyone acting by, through or under the Town, in which case the maintenance or repairs will be the responsibility of the Tor,r'n to bear, and the Town's obligations under paragraph 5 below will apply thereto). 3. No Conflictine Use. The Easements shall be non-exclusive; provided, however, that all Improvements will be and constitute solely the property of VAI, and no other party may make any use of those Improvements u,ithout VAI's prior r,l'ritten consent, which may be withheld at VAI's election. In addition, the Town agrees that in any case it will not do or permit to be done an1-thing which is materially inconsistent with or materially interferes with the use and enjoyment of the Easements, including, without limitation, the construction or placement of any improvements, facilities, landscaping or other objects that would physically interfere with the use and enjoyment of the Easements. If any such interfering improvements. facilities, landscaping or other objects arise, VAI at its election may remove the same without any resulting liability to the Town or any other party, and the Town shall be obligated to reimburse VAI for VAI's costs of removal. VAI at its election may at any time remove any Improvements from the Premises and retain the same as VAI's sole property. 4. Grants to Utility Suppliers. The Easements shall encompass and include. without limitation, the right of VAI to grant and establish further utility easements in favor of utility suppliers over the applicable Premises upon such terms as those utility suppliers may prescribe. 5. Indemnit]r. VAI shall indemnify and defend the Town and hold the Town harmless from and against any and all claims, causes of action, liabilities, damages or losses that arise or are incurred by the Town as a result ofany personal injury or property damage caused by any exercise of the Easements, any negligence or willful misconduct of VAI that occurs in relation to any exercise of the Easements, or any breach of VAI's obligations under this Agreement, together with any costs or expenses, including reasonable attorneys' fees, incurred 6200:8 2 RCFISH 06/e/04.1:21 PY by the Town in connection with any indemnified matter. Notwithstanding any implications to the contrary under the foregoing provisions. however, the foregoing shall not be construed to waive or limit any requirements imposed upon the Town by law to mitigate its damages, and this indemnity shall not apply to any matters arising from or caused by the negligence, willful misconduct or breach of this Agreement or any legal duty of the Town (and to the fullest extent permitted by law, the Town will bear and/or reimburse VAI for any liabilities, damages, losses or costs that VAI may suffer or incur in connection therewith. including reasonable attomeys' fees). 6. Duration of Easement. The term of this Agreement and the Easements shall commence as of the date first above written and shall be irrevocable and perpetual. 7. Easements in Gross. The Easements shall constitute easements in gross for the benefit of VAI, and u'ill inure to the benefit of VAI and its corporate successors and its assigns, it being agreed that the Easements. or any of them, shall be freely assignable by VAI in whole or part. Any purporled assignment shall be effective only if embodied in an instrument to that effect executed by VAI and recorded in the real propert,v records for Eagle County, Colorado. The permitted assignees of VAI may include, without limitation, any affiliates of VAI (with "affiliates" to include any corporation or entity which by virtue of direct or indirect ownership interests is controlled by, controls or is under common control with VAI). Any such assignment may also be non-exclusive, and VAI may continue to hold the rights in and to the Easements jointly with one or more record assignees. All references herein to "VAI" shall be deemed to include each and every assignee of the Easements hereunder. Conversely. the burdens of the Easements shall touch and concem and run with the land as an encumbrance against the ownership of the Premises and Ancillary Premises. 8. No Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the Premises or Ancillary Premises, or any interest therein (including the Easements or the Improvements), to or for the general public or for any public purposes whatsoever. it being the intention of the parties hereto that the Easements and Improvements and all the rights and interests hereunder be held and maintained in all respects solely as private property interests in favor of VAI and its corporate successors and assigns. Without limitation on the generality of the foregoing, VAI may institute such measures from time to time as VAI considers to be necessary or appropriate to preclude an.v access across the Improvements by any members of the public or parties other than the Permittees. 9. Miscellaneous. (a) The rights of either party hereunder may be enforced by any remedies available at law or equity, including, r.r'ithout limitation, the recovery o1' damages, and where appropriate, injunctive or other equitable relief (but excluding, however, any termination of the Easements or this Agreement). (b) In the event any litigation or legal proceeding arises out of this Agreement between the Town and VAI and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other (and the presiding court will be bound to au'ard) all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys'fees. 6:0028.2 RCFISH 0619/04.1:2i Plvl (c) This Agreement shall be govemed by and construed in accordance with the laws of the State of Colorado. (d) This Agreement may be executed in counterparts, each of which shall constitute an original,, and which together shall constitute one and the same agreement. (e) This Agreement shall inure only to the benefit of the Toun, and its successors in interest in and to the Premises and Ancillary Premises. and to VAI and its corporate successors and assigns as provided herein, and the Permittees (provided that the Permittees other than VAI shall have any enforcement rights hereunder only as permitted and authorized in writing by VAI). Nothing contained herein is intended to or shall confer any benefits, rights or remedies upon any person or entit,v other than those enumerated in the foregoing sentence. Those parties shall be vesled solely with the right, power and authority to enforce the terms of this Agreement, and no other parties shall constitute or be construed as third-party beneficiaries of this Agreement. (f) This Agreement constitutes and represents the entire agreement between the parties hereto r.vith respect to the subject matter hereoi and all prior or extrinsic agreements, understandings or negotiations shall be deemed or merged herein. No purported modification of the terms of this Agreement, or purported waiver by any party of any of its rights and interests hereunder, shall be binding unless and except to the extent specifically' set forth in a ll'ritten instrument executed by the party against r,l'hom enforcement of the purported modification or w'aiver is sought. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by the Town and VAI, w'ith the Town's execution to be authorized by Tow'n Council ordinance or resolution, as applicable. Hou'ever, if the Town Manager. after consultation q'ith the Director of Public Works, determines that any proposed amendment or modification constitutes a minor change, then the Tou'n Manager shall have the unilateral power and authoritlj to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. (g) The Town acknowledges that VAI will expend substantial monies on the Improvements pursuant to and in reliance upon the grant of the Easements, and that such expenditures. and/or the other agreements of VAI contained herein. constitute adequate consideration for the grant ofthe Easements hereunder. (h) If any term, covenant. condition or provision of this Agreement shall, at any time or to any extent, be invalid or unenforceable. the remainder of this Agreement shall not be affected thereby. and the impaired provision shall be deemed replaced by another provision which is not subject to such impairment and u'hich. as closely as possible, is the same in substance and content as the impaired provision. It is the mutual intent of the parties that this Agreement and each provision hereof shall be enforceable and enforced to the fullest extent permitted by law. (i) The Exhibits previousl,v referenced in this Agreement are all incorporated herein and made a part hereofby this reference. 6200:8.: RCFISH 0619,/04.1 2i PM [Balance of page intentionally left blank] IN WITNESS WHEREOF, the Town and VAI have executed this Easement Agreement eflective as of the month. dav and vear f,rrst above written. TOWN OF VAIL, amunicipal corporationATTEST: duly organized and existing under and by virhre of the laws of the State of Colorado By: Town Clerk Name: Title: STATEOFCOLORADO ) ) ss. ) The foregoing instrument was acknowledged before me this day of _) 2oo_, by of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public [The Vail Corporation signature on following page] COUNTY OF EAGLE 020028 2 RCFISH 06/9104 4:23 PM THE VAIL COPJORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation STATEOFCOLORADO ) ) ss. conNTYoFEAGLE ) The foregoing instument was acknowledged before me this day of __'-__, 200_, by of The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation. WTINESS mv hand and official seal. My commission expires: Notary Public By:- Narne: Title: 62002r.2 ncFISH 06r'9/04 *23 PM li5 soo35'57'r, 505.41, BASIS OF BEARINGSn99*q9 d t{.i 162!4t'f;.in.- i tq- --R*'r;" ; Zsl'- gTr -: v -'=r I ililffiil'. 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PEC Fee Paid: $1,300.00 -l o-n 6.J c; I Llf ra u*( tz/zfot vo(' 6-o Planning and Environmental Commission ACTION FORM Department of Crmmunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 f axj. 97 0.479.2452 webr www.ci.vail.co.us PEC Number: PEC030062 REZONING OF ERWS PROPERTIES TO GENEML USE OWNER EAGLE RIVER WATER & SANITATIO9I2ZIaOO3 846 FOREST RD VAIL CO 81657 APPUCANT EAGLE RIVER WATER & SANTTATTOgIZ2I2OO3 846 FOREST RD VAIL@ 81657 846 FOREST RD VAIL L'o$ 31 Block Subdivision: VAILULI-AGE FIUNG 2 2101-072-0900-1 BOARD/STAFF ACTIOil Cahill Bernhardt 7-0 iOl,IIN 0r lidlt f Rezoning $1300E/ Major Subdivision $f500Ef Minor Subdivision $650! Exemption Plat $650D Minor Amendment to an SDD $1000tr New Special Development District $6000E Major Amendment to an SDD $6000tr Major Amendment to an SDD $1250 (no erteior modifications) E/ Conditional Use Permittr Floodolain Modificationtr Minor Exterior Alterationtl Major Exterior Alterationtr Development PlanE Amendment to a Develooment Plantr Zoning Code Amendment tr Variancetr Sign variance Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 faxi 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the pafticular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Depaftment. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: Description of the Request: Rezoning of the ERWSD oroperties to General Use and a conditional use for a drinking water and wastewater treatment plant; a conditional use permit for snowcat access across ERWSD property; a conditional use permit to all public parkino: and a minor subdivision to create one oarcel for the ERWSD. Location of the Proposal: Lot: 3lTracts: C & D Subdivision:Vail Village 2nd Filing (see attached legal) Physical Address: 846 Forest Road Parcel No.i--ZlQ1QZ2Q9Q!1 - ( Eagle Co, Assessor at 970-328-8640 for parcel no.) Zonang: General Use. Outdoor Recreation, & Lionshead Mixed Use 2 to be rezoned to General Use Name(s) of Owner(s): Eagle River Water and Sanitation District Mailing Address: 846 Forest Road, Vail CO 81657 Owner(s) Signature(s):Z.n l'='iqhu* Phone: 477-5408 Name of Applicant: Represented bv Braun Associates, Inc. Mailing Address: PO Box 2658. Edwards. CO 81632 RECEIVEB $6s0 $400 $6s0 $800 $1500 $2s0 $1300 $s00 $200 2003 L , fltta**f+ffftlat**a*tlal*ll+'ta+l*'i*lf*l*fa*+**l**la+'3******ata**ll****a*ataa****a+aaalafftaa TOWNOFVAIL, COIORADO Stabmcnt SCatenrent Number: R030004?36 Amount: $1,300.00 09/22/2OO3L1 :57 AIrl Payment Mettrod: Check Init: DF Notation: CIIECK # 29049 Pernit No: P8C030062 rlDe: PEc - Rezonl-ng Parcel No: 21010?209001 Sitse Addrees: 845 FOREST RD \IAIIJ IJocation: 846 FOREST RD Total FeeE: $1,300. o0 This Palment: $1,300.00 Total AJ.,L Pmta: 91,300.OOBalance: 90. oo l*t+**++a****a*'i***aa***a++**ta+*aaf*t'it}fa*+*+*at**l*+***t*t+*ala*ta+*t+*r*'}**f+*al*'if+aaa+* ACCOUNTITEMLIST: Account Code Descriotion Curnent Pmts PV OO1OOOO3i125OO PEC APPLICATION FEES 1 ,300 . 00 ACTION FORM Department of Community Development 75 Sorrth Frrontage Road, Vail, Colorado 81657 telt 970.48.2139 fax: 970.479.2452 web; www.ci.vail.m.us Proiect l{ame: MINOR SUBDMSION PEC llumber: PEC030051 Project DeecripUon: REONING OF THE ERWSD PROPERTIES TO GENEML USE AND A CONDMONAL USE FOR DRINKING WATER AND WASTEWATER TREATMENT Planning and Environmental Commission Action: APPROVED Date of Approval= LOl27l2gO3 Particlpants: OWNER EAGI.E RIVER WATER & SANITATIO9IZZJaOO3 846 FOREST RD VAIL@ 81657 APPuCANT STANEK CONSTRUCTORS, INC O9/2A2OO3 Phone: 303-980-8233 ,IOO CORPOMTE CIRCLE SUTTE A GOLDEN, COLO 80'101 CoNTMCTOR STANEK @NSTRUCfORS, INC O9|Z2|ZOO3 4OO CORPOMTE qRCLE SUITE A GOLDEN, @LO 80'+01 Liaense: 261-A ProJect Address: 846 FOREST RD VAIL Location: 846 FOREST RD tegal Description: Lot: 31 Block Subdivlsion: VAIL VILTAGE FIUNG 2 Parod I{umber: 2101{72-0900-1 Comments: BOARD/STAFF ACTION Modon By: Second By: Vote: Conditions: Cahill Bemhardt 7-O @nd:8 (P|AN): No changes to these plans may be made wlthout the written consent of Town of Vail sbff and/or the appropriate review committee(s)' Cond: C0N0008686 Appro\ral of the final plat for the minor subdivision shall be mntingent upon the viit rown Cluncil's adoption, by ordinance, of the proposed amendments to the official Zoning Map of the Town of Vail. The final plat shall not be recorded prior to the Vail Town duncll's adoption, by ordinance, of the proposed amendments to the Olficial Zoning Map of the Town of Vail' +- IOl4,NM y' ConOitional Use Permit tr FloodplainModiftcationEl Minor Exterior AlteraUon tr Major Exterior Alteration O Development Plan E Amendment to a Development Plan tr Zoning Code Amendment E Variancetr Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 Descripdon of the Request Rezoning of the ERWSD prooerties to General Use and a conditional use for a drinkino water and wastewater treatment plant; a conditional use lErmit for snowcat access across ERWSD Eopertv; a conditional use permit to all public parking: and a minor suMivision to create one parcel for the ERWSD. tocation of the Proposal: Lot: 3lTracts: C & D Subdivision:Vail Villaqe 2nd Filing (see attached leqal) Physical Address:846 Forest Road Parcel No,i-..,2!0lL0Z209g0lL - ( Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: General Use, Outdoor Recreation, & Lionshead Mixed Use 2 to be rezoned to General Use Name(s) of Owner(s): Eagle River Water and Sanitation District Mailing Address: 8,16 Forest Road. Vail CO 81657 Owner(s) Slgnature(s): Name of Appli*nt, BRECMailing Address: Phone: E-mail Addrtss: dominic@braunas Fax:' 926-7576 '- For Use Fee Paid: Application Date: Planner: Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479,2139 fax:. 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review mu* receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Revie$, Board. Type of Application and Fee: Ef Rezoning $1300 E.. Major Subdivision $1500Ef Minor SuMivision $650D Exemption Plat $650E MinorAmendmenttoan SDD $1000El New Special Development Disfrct $6000tr Major Amendment to an SDD $6000E Major Amendment to an SDD $1250 (no ateior mdifrcations) Phone: 477-5408 -r lr ****+t*** *******************************+********** **+{.t*******f **t**** +* ** t * * * * +* * ++ ** * + * * * TOWN OF VAIL, COLORADOCopy Repdnted on 09-22-2003 at 1l:50:00 0912212003 Statement 't '* * * * t' * '* * + '* * * *,|' + + * {' + + + * 'i'f * * * + * + +* f* * * + * * * ** * +i 'f * * * +a +* * t ** +** * ++** * ** i * *** * * * *{' 'l * + +{' + + | ft * ** Statement Nruriber: R030004733 Amount: $650.00 09/22/2OO3L1 :49 AM Payment Metshod: check Init: DF Notation: CHECK # 29047 -----------: Permit No: PEc030050 I:E)e: PEc - conditional uae Parcel No: 210107209001 Site Addreaa: 846 FOREST RD VAIL, Locati.on: 846 FOREST RD Total Feea: 5550.00 This Payment: $650.00 Total ALIJ Pmts: $550.00 BaLance: $0.00 ************************ *******'t*****t*****{.*'}**+*****+* +*****************'l'+****+********+** ACCOIJNTITEM LIST: Account Code Descr^iption Current Pmts PV OOiOOOO31125OO PEC APPLICATION FEES 6s0.00 colri*.r|F{oEvH.oFr6 t Planning and Environmental Commisson ACTIOITI FORM Department of Community Developtttent 75 South Fronfsge Road, Vail. Colorado 81657 tel: 970.479.2139 tar., 97a.479.2q52 web: www.vailgw.com Proiect llame:PEC Number: PEC030060 PEC Type! CONDfiONAL USE Proled Description: CONDMONAL USE FOR DRINKING WATER AND WASTEWATERTREATMENT PI.ANTTTO ALLOW PUBUC PARKING Participants: OWNER EAGLE RIVER WATER & SANITATIO9IZUaOO3 846 FOREST RD VAIL CO 81657 APPUCANT EAGIE RMR WATER & SANTTATI09/22120O3 846 FOREST RD VAIL CO 81657 Project Address: 845 FOREST RD VAIL Locauonr 845 FORESTRD tegat Description: l-ot! 31 Block Subdivislon: VAIL VILI-AGE FIUNG 2 Parcel l{umber: 2101-072-0900-1 Comments: BOARD/STAFF ACTION Action: APPROVED Date of Approvalt LOl27l2003 MeeUng DaE; 10127/2003 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Torvn of Vail staff and/or the appropriate review committee(s). Cond: CON@08683 Approrral of the condiuonal use permits for both the waler and sewage treabTent piant and the public parklng facility and structure shall be contingent upon the Vail Town Council's adoption, by ordinance, of the proposed arnendments to the Offldal Zoning Map of the Town of Vail. Cond; CON0008584 Approval of the conditional use permits for both the water and sewage treatnent piant and the public parking facility and structure shall be contingent upon the Design Re\riew Board's apprwal of the relaEd design rwiew applications. Cond:CONffi08685 The applicant shall submit a public parking management/operations plan for rwiew and approval to the community Dwelopment DePartnent, prior to the lssuance of bullding permits. MoUon By: Second By: Vote: Conditions: Cahill Bernhardt 6-0 Ef Rezoning $1300 tr,. Major Subdivision $1500Ef Minor Subdlvision $650tr Exemotion Plat $650E Minor Amendment to an SDD $1000tr New Special Development District $6000tr Major Amendment to an SDD $6000tr Major Amendment to an SDD $1250 (no exterior modifrcations) t .f-a+ Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479,2139 fax: 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Do/elopment DeparUnent. The project may also need to b€ reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: / Conditional Use Permit tr FloodplainModificationE Minor Exterior Alteration tr Major Exterior AlterationE Development Plan El Amendment to a Development Plan tr Zoning C.ode AmendmentD Variancetr Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 Description of the Requesft Rezoning of the ERWSD propefties to General Use and a conditional use for a drinkino water and wastewater treatment plant; a conditional use oermit for snowcat access across ERWSD prooerty; a conditional use permit to all public parkino: and a minor subdivision to create one parcel for the ERWSD. Location of the Proposal: Lot: 3lTracts: C & D SuMivision:Vail Village 2nd Filino (see attached leoal) Physical Address: 845 Forest Road Parrcel No.i.-,Z10.lr0Z2Q9ggl - ( Eagle @. Assessor at 970-328-8640 for parcel no.) Zoning: General Use, Outdoor Recreation. & Lionshead Mixed Use 2 to be rezoned to General Use Name(s) of Owner(s): Eaole River Water and Sanitation District Mailing Address: 846 Forest Road, Vail CO 81657 Owner(s) Signature(s): Name of Appllcant: Represented by Braun Associates. Inc. f ^., 'f .ro ,.A'.,^-A^ f\f\ Al ,.2) - C C F \\ ES Phoner 477-5408 Mailing Address: Phone: For Fee Paid: Application Date: Planner: E-mail Address: dominic(abraunas Fax: 926-7576 bLr ' " l- t lrf+*f+ttlfllt*t****a***la*lata+*+***+a+*t++a*lt+l*t**+l+*l**l*tta**{r'tl+*t**ta'ttfa*al'ttft}a+t TOWNOFVAIL. COLORADO StaEm€Nrt tt+****aa**+aa**+*aa*aa*a*aaaa*aaaa*+aaaa++a**l{'*+'}ra*a'}*+l'ltaa+t+*aat+*****tlr'}l'*{|*aa+a*lf+a scatement Number: R030004?33 Anrount: $650.00 09/22/200311 :49 Alt Palzment Method: Cbeck Init: DF Notation: clIEeK + 29047 Pemit l[o: P8c030050 T!pe: PEC - conditional Use Parcel lilo: 2LO\072O9OOL Site AddreEE: 846 FOREST RD VAII' Irocation: S46 POREST RD Total FeeE: $650.00 Thla Paltnent: 9650.00 Total ALL Pmta: $650.00 Balance: $0.00 ACCOIJNT ITEM LIST: Account Code Descri pti on PV OO1OOOO31125OO PEC APPLICATION FEES Current Pmts 650 .00 lt MEMORANDUM TO: FROM: DATE: SUBJECT: Town Council Community Development Department December 2,2003 Ordinance No. 34, Series of 2003, a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot '1 , Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson DESCRIPTION OF THE REQUEST The Eagle River Water and Sanitation District is proposing to amend the Official Zoning Map for the Town of Vail to rezone Lot 1, Eagle River Water and Sanitation District. from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. Please refer to the attached staff memorandum to the Planning and Environmental Commission dated October 27, 2003, for a more detailed description of this request and additional related information. BACKGROUND At its October 27, 2003, public hearing, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval to the Town Council of the rezoning. The Commission's recommendation was based upon the review of the criteria noted in Section Vlll of the October 27,20Q3, statf memorandum and the evidence and testimony presented, with the findings noted in Section lX of the staff memorandum. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve Ordinance No. 34, Series of 2003, on first reading to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. il. ilt. Staff's recommendation is based upon the review of the criteria noted in Section Vlll of the October 27,2003, staff memorandum and the evidence and testimony oresented. Should the Town Council choose to approve Ordinance No. 34, Series of 2003, on first reading, the Community Development Department recommends the Town Council makes the following findings: 1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 34. Series 2003 Attachment Bl Staff memorandum to PEC dated October 27,2003 Attachment: A ORDINANCE NO.34 Series of 2003 u%** AN ORD]NANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 1, EAGLE RIVER WATER AND SANITATION DISTRICT, FROM THE OUTDOOR RECREATION AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS TO THE GENERAL USE ZONE DISTRICT. WHEREAS, the Town Council finds the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and WHEREAS, the Town Council finds the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town Council finds the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has reviewed this zoning map amendment in accordance with the approved criteria and findings for a rezoning as established by Section 12-3-7, Vail Town Code, and has forwarded a recommendation of approval at the October 27, 2003, Planning and Environmental Commission hearing; and NOW. THEREFORE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO. THAT: Ordinance No. 34, Series of 2003 Section 1. Zoninq Map Amendment The Offlcial Zoning Map of the Town of Vail is hereby amended as follows: That Lot 1, Eagle River Water and Sanitation District, shall be rezoned to the General Use zone district from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts; as shown on Exhibit A (attached). Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 34. Series of 2003 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBL|SHED ONCE lN FULL ON FIRST READING this * day of December, 2003 and a public hearing for second reading of this Ordinance set for the 16t day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Atest: Lorelei Donaldson, Town Clerk Ordinance No. 34, S€ries of 2003 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16'n day of December, 2003. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 34, Series of 2003 TO: FROM: DATE: SUBJECT: Attachment B / MEMORANDUM Planning and Environmental Commission Community Development Department October 27,2003 A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2M Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2nd Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracts C & D, VailVillage 2no Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, lnc. Bill GibsonPlan ner: SUMMARY The applicant, Eagle RiverWater and Sanitation District, represented by Braun Associates, Inc., is requesting a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone Lot 3'1 and Tracts C & D, Vail Village 2tu Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district, and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Roadilot 31 and Tracts C & D, VailVillage 2d Filing. The proposed final plat further describes the existing properties as Lot 31, Tract C, Tract D, Parceis 1, 2, & 3, and an Unplatted Parcel. The intent of these requests is to allow for the consolidation of Eagle River Water and Sanitation District (ERWSD) properties and to facilitate an expansion of the existing ERWSD water and sewage treatment plant. Based upon staffs review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Departmenl recommends that the Planning and Environmental Commission approve the requested minor subdivision, approve the requested conditional use permit, and forward a recommendation of approval to the Town Council of the requested rezoning, subject to the findings and conditions noted in Section lX of this memorandum. [.DESCRIPTION OF REQUEST The applicant, ERWSD, represented by Braun Associates, lnc., is requesting a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 3'l and Tracts C & D, Vail Village 2"o Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2d Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road. A vicinity map of the site has been attached for reference (Attachment A). Rezoning The existing ERWSD plant site is zoned General Use (GU) district. The additional ERWSD properties are currently zoned Lionshead Mixed Use-2 (LMU-2) diskict (i.e. Tract C and Parcel 2) and Outdoor Recreation (OR) district (i.e. Unplatted Parcel and Parcel 3). The proposed rezoning request will apply General Use (GU) zoning to all the ERWSD properties (i.e. proposed Lot 1). The General Use (GU) district allows for both water and sewage treatment plants and for public parking facilities and structures as conditional uses. An existing zoning map has been attached for reference (Attachment B). Minor Subdivision The proposed minor subdivision request will consolidate several ERWSD owned properties into a single lot. A copy of the proposed final plat has been attached for reference (Attachment D). As noted on the proposed final plat, Lot 31, Tract C, Tract D, Parcels 1, 2, & 3, and an Unplatted Parcel will all be resubdivided into one property (i.e. Lot 1, Vail Village 2"d Filing). The proposed conditional use permit requests will facilitate the expansion of the existing ERWSD plant. The existing plant will need to be expanded to accommodate the anticipated redevelopment and build-out of Vail, especially the anticipated redevelopment of Lionshead. The conditional use permit requests will also facilitate the construction of a parking structure. This parking structure will accommodate ERWSD employee parking needs and provide additional public parking opportunities. The applicant is requesting that public parking be temporarily allowed on the site during the 2003-2004 ski season. Once the ERWSD plant expansion has been constructed, the applicant is requesting that public parking be allowed on the site during weekends, special events, and other occasions when overflow parking is needed. Architectural plans have been attached for reference (Attachment E). Additionally, an Environmental lmpact Report has been attached for reference (Attachment F). Conditional Use Permit The applicant's more detailed description of the request has been attached for reference (Attachment C). Please note that the Planning and Environmental Commission will not be reviewing a conditional use permit request for a Vail Resorts snowcat access road, as such a road does not require a conditional use permit. The proposed snowcat access road, bridge, retaining walls, revegetation plan, etc. will be reviewed by the Design Review Board. tv. ilt.BACKGROUND The ERWSD plant was originally constructed in the early 1970's and expanded in the early 1980's. In the past year, ERWSD has acquired additional adjacent properties to facilitate a needed expansion of the existing plant. The proposed plant expansion will be necessary to accommodate the anticipated, upcoming build-outand redevelopmentof Vail, especiallythe redevelopment of Lionshead. The need to expand the existing plant onto the old Town shops parcel was recommended in the Lionshead Redevelopment Master Plan in Sections 4.9.4.5 and 5.18. ROLES OF REVIEWING BODIES Amendment to the Official Zoninq Map of the Town of Vail Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council for a rezoning. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Vail Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The Design Review Board has NO review authority of a rezoning, but must review any accompanying Design Review application. Town Council: Action: The Town Council is responsible for final approval/approval with conditions/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Councilevaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications. or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Minor Subdivision Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision. Desiqn Review Board: Action: The Design Review Board has NO review authority of a minor subdivision, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Conditional Use Permit Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a conditional use permit. Desiqn Review Board: Action: The Design Review Board has NO review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications. or overtum the board's decision. Staff: The staff is responsible for ensuring that all submlttal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations Chapter 12-1: Title, Purpose and Applicability (in part) Secfion 1 2-1 -2: PURPOSE A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserue and enhance its natural environment and ils esfab/ished character as a resort and residential community of high guality. B. Speciftc: These regulations are intended to achieve the following more specific purposes.' 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 11 . To otherwise provide for the growth of an orderly and viable communi$. Ghapter 12-3: Administration and Enforcement (in part) Section 1 2-3-7 : Amendments A. Prescription: The regulations prescibed in this title and the boundaries of fhe districts shown on the official zoning map may be amended, or repealed bythe town council in accordance with the procedures prescribed in this chapter. Chapter 12-9: General Use (GU) District (in part) Section 1 2-9C-1 : Purpose The general use districtrs lntended to provide sites for public and quasi-public uses which, because of their special characteistics, cannot be appropiately regulated by the development standards prescribed for other zoning dlstnblg and for which development sfandards especially prescribed for each parlicular development proposal orprojecf are necessaryto achieve the purposes prescribed in section 12- 1-2 of this title and to provide forthe public welfare. The general use dlsfricf is intended to ensure that public buildings and grounds and certain types of quasi- public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with sunounding uses, an4 in the case of buildings and other structures, to ensure adequate light, air, open spaceq and other amenities appropriate to the permitted frpes of uses. Chapter 12-16: Conditional Use Permits (in part) Section 1 2-1 &1 : Purpose ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain disfricfs subject to the granting of a conditional use permit. Because of their unusual or special characteistics, conditional uses require review and evaluation so thatthey may be located properly with respect to the purposes of this title and with respect to their effects on surrounding propefties. The review process prescrib ed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses /lsfed as conditional uses in the various disfnbfs may be permitted subject to such conditions and limitations as the town may prescibe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or propefties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates this site a Community ffice (CO). This land use designation is described by the Town of Vail Land Use Plan as follows: This area is designed to meet consumer demands ftom community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, seryices sfations, financial institutions and medical offices. The design of these facilities would be oriented toward vehicular access and parking. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased grov'tth. 6.2 The Town of Vail should play a role in future development through balancing grovvth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Lionshead Redevelopment Master Plan Chapter 4: Master Plan Recommendations - Overall Study Area (in part) 4.9.4-5 Old Town Shops The old Town shops, located just west of the Vail sanitation plant, were identifred as a potential employee housing location during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. ln addition, the presence of the sanitation plant on one s/de and the existing gas statlon on the other reduces the desirability of this location for employee or locals housing. Chapter 5: Detailed Recommendations (in part) 5.1 I Old Town Shops The old town shops slfe has been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. Ihese uses may be appropiate for the site, but they are not compatible. lnput from the Eagle River Water and Sanitation District suggests that the property will most likely be used for expansion of the sanitation plant and the VA service yard. lf the old town shops are removed the existing storage componentwill be replaced atthe Town of Vail public works shoo. VI. SITE ANALYSIS Site size: 88,509 sq. ft. (2.0319 acres) Zoning: General Use (GU), Outdoor Recreation (OR), Lionshead Mixed Use-2 (LMU-2) Land Use Plan Designation: Community Office (CO) Current Land Use: ERWSD plant, undeveloped, and open space Hazards: None Development Standard Allowed Proposed Setbacks: per PEC 15 ft., 26 ft., 20 ft., and 50 ft. Building Height: per PEC 12feet Density: per PEC N/A GRFA: per PEC N/A Site Coverage: per PEC 48,784 sq. ft. (55%) Landscape Area: per PEC 13,765 sq. ft. (15.6%) Parking: per PEC 65 spaces VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: VA maintenance shops Lionshead Mixed Use-2 (LMU-2) South: Open space Outdoor Recreation (OR) Wesl: BP (Amoco) service station Lionshead Mixed Use-2 (LMU-2) East: West Day Lot (i.e. parking) Lionshead Mixed Use-1 (LMU-1) vilt.CRITERIA AND FINDINGS Consideration of an Amendment to the Official Zoninq Map of the Town of Vail 1. The extent to which the zone district amendment is consistent with allthe applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. Staff Response: Staff believes the proposed rezoning is consistent with the above listed purpose of the zoning regulations and the General Use (GU) district. Staff also believes the proposed rezoning is consistent the with the above listed specific goal statements of the Town of Vail Land Use Plan. The applicant's proposal is specifically recommended in Sections 4.9.4.5 and 5.18 in the Lionshead Redevelopment Master Plan. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. Staff Response: The ERWSD plant currently exists on the site and the proposed rezoning will facilitate an expansion of the plant deemed necessary to accommodate land uses throughout the entire Town of Vail. The rezoning will also facilitate an increase in the availability of public parking. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff Response: The proposed rezoning will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus improving the relationship among land uses and the carrying capacity of the community as it relates to new growth and water quality. 4. The extent to which the zone district amendment provides forthe growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system within the Town of Vail, thus allowing for the orderly growth and viability of the community. A portion of the ERSWD site is currently zoned General Use (GU) district, thus rezoning all of ERSWD's properties to the same district is not considered a spot zoning. This development is also specifically recommended in the Lionshead Master Plan. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. o Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system within the Town of Vail, thus positively affecting the above listed criteria. An Environmental lmpact Report has been attached for reference. This expansion will help insure water quality is protected by facilitating the treatment of sewage. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Staff Response: Staff believes that the proposed rezoning is consistent with the above listed purpose statemenl of the General Use (GU) district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Staff Response: Since the ERSWD's last plant expansion, numerous redevelopment projects are now anticipated throughout the Town of Vail, including a large scale redevelopment of Lionshead. An expansion of the ERSWD plant is necessary to accommodate this redevelopment and the further build-out of Vail. Also, the availability of public parking is inadequate to meet both current and future demands. The rezoning will facilitate an increase in public parking availability. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. The Planning and Environmental Gommission shall make the followinq findings before recommending approval of an Amendment to the Official Zoning Map of the Town of Vail: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established characteras a resort and residential community of the highest quality. Consideration of Factors Regarding the Minor Subdivision A basic premise of subdivision regulations is that the minimum standards forthe creation of new lots must be mel This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. The of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding /and uses and other applicable documents, effects on the aesfhetlcs of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) are as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response: The provisions of Title '13, Vail Town Code, made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. 2. To provide for the subdivision of property in the future without conflict with developmenton adjacent land. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvemenb on the land. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship am ong lan d uses, consisfe nt with Town development objectives. Staff Response: The proposed minor subdivision will facilitate an expansion to the existing water and sewage treatment plant and the Town's public parking facility and structure, both of which are permitted as a conditional use in the General Use (GU) District based upon the development standards prescribed by the Planning and Environmental Commission. t_0 5. To guide public and private policy and action in orderto provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serue the proposed subdivision. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 6. To provide for accurate legal descriptions of newly subdivided land and to esfablish reasonable and desirable construction desiqn standards and procedures. Staff Response: The proposed minor subdivision plat will consolidate several ERWSD properties into a single lot which can more efficiently described. This will help ensure a more harmonious relationship of land uses on this site. 7 . To prevent the pollution of air, sfreams and ponds, fo assure adequacy of drainage facilities, to safeguard the water hhle and to encourage the wrbe use and management of nafural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. The Planning and Environmental Commission shall make the following findings before granting approval of the final plat for a minor subdivision: 1.That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations thatthe Planning and Environmental Commission deems applicable. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the sunounding land uses and other applicable documents, and effects on the aesthetics of the Town. Considefation of Factors Reqardinq a Conditional Use Permit: The review criteria for a request of a conditional use permit are established by the Town Code. The proposed water and sewage treatment plant and a public parking facility and structure will both be located within the General Use (GU) district. Therefore, this proposal is subject to the issuance of conditional use permits in accordance with the provisions of Chapter 12-16 (Conditional Uses), Vail Town 2. 11 Code. 1. Relationship and impact of the use on the development objectives of the Town. Staff Response: Staff believes that a conditional use permit for the proposed water and sewage treatment plant use meets the above mentioned purposes of the zoning regulations and goal statements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. As stated previously Sections 4.9.4.5 and 5.18 in the Lionshead Redevelopment Master Plan the old Town shops parcel was specifically identified for expansion of the water treatment plant. Staff believes that a conditional use permit for the proposed public parking facility and structure use meets the above mentioned purposes of the zoning regulations and goal statements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that a conditional use permit for the proposed water and sewer treatment use is critical to the utility capacities within the Town of Vail. Staff also believes that a conditional use permit for the proposed public parking facility and structure use is critical to improve the Town's deficient parking capacities. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that a conditional use permit for the proposed water and sewer treatment plant use will have no significant negative impact on the above mentioned items. Staff believes that a conditional use permit for the proposed public parking facility and structure use will have significant positive impact on the above mentioned items. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The Design Review Board will be review a related design review application for this proposal to ensure conformance with the above listed items. Staff believes that this proposal will have no significant negative impacts in comparison to the existing site L2 conditions on the above-referenced items. The Planning and Environmental Commission shall make the followinq findinqs before qranting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. tx.STAFF RECOMMENDATION 1. 2. Amendment to the Official Zoning Map of the Town of Vail The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed rezoning of Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU)zone district. Staffs recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findinqs: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Minor Subdivision The Community Development Department recommends the Planning and Environmental Commission approves with conditions the final plat for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 , Tract C, Tract D, an Unplatted Parcel, and Parcels 1 , 2, -LJ & 3, as described on the proposed final plat, as Lot 1, Vail Village 2- Filing. Staffs recommendation is based uoon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. fhat the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. Conditional Use Permit (sewer and water treatment plant) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a water and sewage treatment plant, located at 846 West Forest Road/Lot 1, Vail Village 2"d Filing (proposed legal description). Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1 . That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be ooerated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Conditional Use Permit (public parkinq facilitv and structure) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a public parking facility and structure, located at 846 West Forest Road/Lot 1, Vail Village 2"d Filing (proposed legal description). Staffs recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: I4 1.That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Conditions of Approval Should the Planning and Environmental Commission choose to forward a recommendation se development review applications, the Community Development Department recommends the following conditions: 1. Approval of the final plat for the minor subdivision shall be contingent upon the Vail Town Council's adoption, by ordinance, of the proposed amendments to the Official Zoning Map of the Town of Vail. Thefinal plat shall not be recorded prior to the Vail Town Council's adoption, by 2. e 2. ordrnance, or tne p Town of Vail. Approval of the conditional use permits for both the water and sewage treatment plant and the public parking facility and structure shall be contingent upon the Vail Town Council's adoption, by ordinance, of the proposed amendments to the Official Zoning Map of the Town of Vail. Approval of the conditional use permits for both the water and sewage treatment plant and the public parking facility and structure shall be contingent upon the Design Review Board's approval of the related design review applications. The applicant shall submit a public parking managemenVoperations plan for review and approval by the Planning and Environmental Gommission, prior to the issuance of building permits. X.ATTACHMENTS A. Vicinity map B. Existing zoning map C. Applicant's description of requests D. Proposed Final Plat E. Architectural olans F. Environmental lmpact Report G' Public Notice .r ,1 o) .= trOE E$5 Oc")h o)P'i sb( T 5N E ig rr'I.!S= 3 =Ep EoE.9 o)x+. €" E.o* fiEEE tr''?tr gLII8es.Fbfit E.= =uFI *" !Eo' G ur Attachment: B Attachment: C Eagle River Water & Sanitation District Plant Expansion Applications for: o Rezoning o Conditional Use Permit o Minor Subdiuision September 2003 .'-i i,i tl !- .l :i I Owner and Consultant Directory il owner;'rJ e"gl. Rirr.r,t(/ater & Saoiation District Vail Coloradoit . : .l Planners Baun Associates, Ioc. il Ed:wards, Colondo,.i Engineet/Designer l'l Brown and CaldwellU Denver, Colotado fr Civil EngineerEJ AJpine Engineering, Inc. Edwards. ColotadoFll IT r-t iJ ii n U I. Introduction A. Summaq, of Proposal The Eagle River Water & Sanitation District ("District') is proposing to expand the capacity of the existing waste water plant and construct a new drinking water treatrnent pLant ('the Plant') located at the intersection of Forest Road and the South Frontage Road in Vaii. The District recendy acquired land from the Town of Vail (the Old Tovrn Shops) to faci[tate this plant erpansion. The need for the plant erpansion is generated by firture development and build-out of the Town of Vail and is largely required due to proiected redevelopment in the Lionshead area as directed bv the Lionshead Redevelooment Master Plan. Eagle River Water & Sanitatjon District Braun Associates, Inc. ;l iJ it LJ |-lil I LI E} ti fT IJ l::lj-l i-t LJ 1til E {-1tlLI nt'll;l fTltlt.t n!l F1IJ LJ T1J{U The District has been working cooperatively with Vail Resorts in order to relocate rhe existing snowcat route from Forest Road. Part of this proposal is a request to allow snowcat access across District properry to a bridge across Gore Creek. Vail Resorts, under separate applicatiorq is seeking approval for the new snowcat bridge across the Gore Creek and a ne'*' access route connecting to the Cascade Way (formerly Westin Hi Ho) trail on Vail l\'Iountain. This rmprovement will reduce conflicts with the residents along Forest Road and provide a rnore direct roure from Vail Resorts' maintenance faciJity located on the north side of the S. Frontage Road. Additionally, the District is requesting approval of a conditional use permit to allow public parking on the District's propertv. This permit would allow public parking temporarily on the Old Town Shops site and within the existing parking lot (approximately 80 - 100 spaces) after removal of the existing Old Town Shops. This approval would allow this temporary parking for one ski season and would help the Town reduce parking pressure on South Frontage Road. In addition, the conditiond use permit would allow public parking in the Disuict's parking lot upon expansion of that facility on weekends, during special events, or other times '*'hen overflow parking is needed by the community. This approval would allow parking for approximate ly 65 cars. Eagle Rrver Water & Sanrtaton Dismct Braun Associates. Inc, To faci[tate t]re expansioo and construction of the District's Plant, the snoq/cat access, and the public parkiag requests, the foilowing applications are submitted: r Rezorring request from Lionshead Mixed Use 2 to General Use (Old Town Shops parcel) . Rezoning reguest from Outdoor Recreation to General Use (existing and newly acquired parcels along tbe creek) r Conditional use for ^ w^ter and wastewater treatrnent plant (expansion) o Conditional use for a snowcat access route and sno'rmaking pump house @elow grade) o Conditional use for temporary and permanent public parking r Minor subdivision plat to consolidate all District parceis . Design Review Application for the project B. Key Elements of the Proposal Key elements of the plan include: . Expansion of the treatrnent capacity of the wastew-ater plant to service the Vail r Construction of a new drinking water tteatment plant that will provide increased capacity and decrease reliance on upstream rvells during lorv-flow periods r Enhancement of stream florvs in Gore Creek through the Town of Vail and downstream to Dowd's Junctionr Removal of snowcats and snowmaking pump house ftom a residential atea forest Road) r Redevelopment of a unsghtly and dilapidated structure and site . Increasing the supply of available public parking when most needed by the comrnunity C. Reuiew Process The applicant is tequesting that ai1 of the proposed applications and permits be rewiewed slmutaneously. Rezoning: The process for rezoning requires that the Planning and Environmental Commission (PEC) review and forward a recommendation to the Town Council. The Town Council is the 6nal revierp- authority on the rezooing request- Eagle River Water & Sanitation District Braun Associates, Inc. 1l !l:l r1 :1 ',ii L] [!r't:_au fF IJ r:llliJ ii LJ IttlIJ nt3 f:IilU n|.1ttItI.:' FIt:tt:liI -i i: I i.-'J 1Jt1LJ Co n di tion aI Us e Permi ts : The General Use zofle district allows public utility facilities, prrblic parking, and ski mountein access facilities subject to the issuance of a Conditional Use Permit (CUP). The PEC has final review authority on a CUP. In the General Use zone district the PEC is also required to determine the development standards for the projecg including building height, setbacks, parking landscaping, and site coverage. Design Reuiew: The process for the design review approval requires the Design Review Board to review and approve the proposed landscape and architecture of the project. The appropdate applications and materials have been submitted for this review. Minor Subdiuision: The process for a minor resubdivision of the property (consolidation of all parcels to one parcel) requires that the PEC review and approve the subdivision. Eagle River Water & Sanitation District 1,.,.| BlauD Associates, Inc. LJ i'l I l .l II.Description of the Proiect A. Baclground The origrnal wastewater treatrnent plant was developed in the early 1970's. That facility occupies the site where the offices and parking exist today on land zoned General Use (GI). ln the early 1980's additional land was acquired from the Town of Vail and the plant was redeveloped and expanded. The land acquired in the 1980's is zoned Outdoor Recreation and is deveioped with the existing wastes/ater treatrnent facfity. This year the District acquired three additionai parcels from the Tov'n of Vail to allow for er,pansion to the plant. These parcels are currently occupied by the Old Town Shops, parking and d.dveu'ays accessing the adiacent CDOT right-of-way. The parcels developed with the OId Town Shops are currently zoned Lionshead Mixed Use 2 and the parcel to the south of the shops (developed as parking) is zoned Outdoor Recreation. See map beiow. A.n Ly{f| 6Ia Eldg! Eagle River Water & Saniation Distnct Braun Associates. Inc. 1 ,l j nItt.lIJ r:l lJ T B. Existing Wastewater Treatment Facility The site is currently developed wirh a wastewater treatrnent facility and administration facilitres for the District. The specific uses include adminisration, accounting, engrneerrng, customer service, human resources, and wastev/ater treatment. The curent facility contarns 36,523 sq. ft. of wastewater treatrnent facilities and 14,000 sq. ft. of offrces and meetrng rooms. There are 39 parking spaces provided on-site to serve the employees and visitors to the site. The current number of employees working within this faciJity is 29 employees. rl l.: illta t-t rj0rtu n il ritlil f?ti i.-lII U rtl:1, l,:11tr:t rnlt! LJ Existins Wastewater Treahnent Plant Existing Old Town Shops C. Proposed Development The proposed expansion includes an expanded wastev'ater treatment faciiity and new drinking water Eeatment facil-ity. The proposed uses will occur as an erpansion of the existing struc[ures on-site and will occur on the newly acquired parcels of land (Old Town Shops). The footprint of the new strucrure is 12,600 sq. ft. The proposed structure is built substantially belorp grade and will appear as a single-story with parking on top of the structure. The proposed use wi,ll include treatment facilities and offrce areas. The new plant area will be 12,600 sq. ft. of which 138 sq. ft. is office area. There will be a total increase in parking of 26 parking spaces for a totai of 65 parking spaces on-site. There is a negligrble increase in the staffing levels as a result of the proposed expansion q'ith the addition of 1 employee for a total of 30 employees. The District i.s taking advantage of the surface area created in the top of the plant faciliry which has a capacicy for 65 parking spaces. r:1I.lIJ l-lIILI Eagle fuver Water & Sanitation District Braun Associates, Inc. I The expanded wastewater treatment plant is designed to operate at 5.6 MGD (maximum daily flow) and 7.0 MGD (peak hourly flow). The new ddaking water plant is designed to operate at 3.0 MGD. Refer to ttre Environrnental Impact Report for more detail on the operations of the facilities on this site. In conjunction with this application is a conditjonal use reguest to allovr snowcats to taaverse the District's property from the Vail ResorCs rnaintenance yard to a proposed bridge across Gore Creek. The snowcat access bridge is being proposed by Vail Resort's under separate appiication and that bridge and access route to the Cascade \Way trail are located entirely on Town of Vail propeffy. The proposed access route'ivili replace the route curentlv traveling up West Forest Road. A 25' wide access easement to allow snowcats on District propefty w-il be established by a sepatate easement document. The proposal also includes a subsurface snowmaking pump facility to replace tJrat facility located at the tennis court site on \y'est Forest Road for use by Vail Resorts. D.Rezoning Request In order to allorv the proposed uses and consolidate the existing parcels of land, a consistent zoning designation is required for the propety. Tfre current waste\vater treatrnent facilities ate developed on 4 contiguous but separate parcels of land. The primary uses are located on a parcel zone General Use whjle a portion of the existing facility is located on a parcel zoned Outdoor Recreation. Utility facilities are a conditional use in the Generai Use zone district but are not listed either as a perrnitted or conditional use in the Outdoor Recreation zone district. The newly acquired parcels to the west of tlle existing facility are zoned Lionshead Mixed Use 2 GJvfUz) and Outdoor Recreadon. Please refer to the zoning map below. The LMU2 zone district would aliow the proposed plant expansion subject to a conditional use permit, however, to create consistency the neu'ly acquired parcels are proposed to be rezoned to General Use. Eagle River Water & Sanitation Dismct Braun Associates, Inc. 1i..i il -: ;..1 L.lJIllL-a T -l J l. _t l'i rJ i n]J tt f:T I ..i Ed ftliLJ ra l:l:lL. lLJ tt F.it t,.ti..ttl lt itt..:tti.J ri Zoning Analysis Below is the Zoning Analysis for dre District's project. 1. Parcel Size Total Acteage (all parcels): 2.0319 acres or 88,509.56 sq. ft 2. Setbacks Setbacks of uses and structures are indicated in the proposed development plan. The setbacks for the ptoposed building are 15'along the South Frontage Road, 26'+ a.longthe west properry line adjacent to Amoco, and 2O'+along the south or rear propelty line. The proposed structures are beyond the 50'stream setback 3. Height The proposed structure is located largely below'grade. The proposed building height in the worst-case is approximately 72' frcm frnished grade. 4. Landscaping, Site Development, and Site Coverage The proposed landscaping and site coverage is as proposed on the site development plan. Condition of land zoned Outdoor Recreation Eagle River Water & Sanitation Disuict Braun Assocrates, Inc. 5. Snow Storage The parking lot is proposed to have 63 parking spaces. Since the required daily parking for the site is substantially iower ttran the number of spaces being provided, a portion of the existing parking lot will be used to store sno$z. 6. Parking The proposed profect will provide more than ample parking for the number of employees working on-site and the number of 'r'isitors to the building. Parking is being incteasedby 26 parking spaces even though only one employee is being added. The District is taking advantage of the surface area created on top of the proposed piant rvhich has a capacity of 65 parking spaces. The excess capacity Eagle River Water & Saoitation District Braun Associates. Inc. A. a a a i r:i:-t .1 I il T fi.l! -t tl tl til_I III. Conditional Use Permit Criteria Below is t}le criteria used by the staff and the Planning and Enr"ironmentai Commission q'hen reviewing a request for a Conditional Use Permit. Each criterion has been addressed and we find that the proposal fully complies with each. AII of the follorving conditional use permits being reguested are included in this analvsis: Water and wastewater treatment plant Snowcat access to Vail lr{ountain Temporary and permanent public parking C. Re/aliorchip and inrpact of lbe ase on druelopnent objectiues of fue awn. Our Anal]'sis: The proposed uses are being located in an infill atea of the Town in an area that is characterized by utility, sen'ice, and light industriai uses. The proposed uses are identified in tlre Lionshead Redevelopment N{aster Plan as suitable uses for t}re area. The proposed sno'wcat access route was also identified by the Master Plan as a positive change to divert snou'cat traffic on Forest Road. The proposed wastewater and water treatment plant expansion .will allorv growth to occur within areas of the Town planned for development over the next 20 or more years. The efea of the ase on ligbt and air, dislibulion of popularion, lransporlation facilitier, atihties, schools, parks and remation facilitiet, and otber pubhcfacilities needs. Our AnalJrsis: The proposed project rvill have litde impact on light and air, population, transportation facilit-ies, schools, parks, or recreation .facilities. The proposal will expand the capacity of existing water and wastewater treatrnent and will therefore improve the abiJity of the to\vn to redevelop. The proposed snowcat access route will reduce conflicts with vehicles on \i7est Forest Road and thus improve the flow of traffic in that area. The proposed facility is a low one-story bunding rvhich will have litde if anv effect on light and air. The new drinking water treatment plant will help to increase tle flows in Gore Creek during louz-flow periods by pulling water from the confluence of Gore Creek and Eagle River instead of the vzells located under the Vail Golf Course. Efecl apon trafic aritb particular reference t0 cznges1izn, automotipe and pedestian :afery and conaenience, traficfow and eontro/, access, maneuuerabik!, and remoua/ of snowfmn tbe stnet and parking areas. r-l IJ ! li I n U i r1tt Lt illlLJ l L] L] P Eagle River l arer & Saaitation District Braun Associates, Inc. ili"l Our Analysis: The proposed plan will improve the traffic conditions and flow in the area. Snorvcats will be removed from Forest Road thus reducing conflicts with residential traffic and pedestdans in that area. The proposed plant facility includes adeguately sized parking areas and drive aisles to accommodate the uses proposed on-site including the occasional use for public parking on weekends. Adequate snow storage areas are planned on site. D. Efect apon the charaaer of the area in wbich the pmposed ase is Io be located, inclading the scale and bulk of tbe prEosed use in relation lo nrmundirg atet. Our Analysis: The proposed uses are being located in an infill area of the Town in an area that is charactedzed by utility, service, and light industria l uses. The proposed uses are identified in the Lionshead Redevelopment Master Plan as suitable uses for the area. The proposed wastewater treatrnent plant expansion will allow growth to occur within areas of the Town planned for development over the next 20 or more years. The proposed scale of the structutes is consistent with those commercial and industrial uses found in the area. Eagle River Vater & Sanitation District Braun Associates, [nc. I I ,.1 rltlll f"3 u il u T IV. Rezoning Criteria Below is the codified criteria used by the staff, the Planning and Environmental Commission, and the Town Council w'hen rer-ieg'ing a request for a rezoning. The criteria have been addtessed and we find that the proposal fi:lly complies rr"'ith each criterion. The extent to wbicb lbe qone distict amendment is consistent uilh a// the applicabh elements of the adopted goak, objectiau and policiu oatlined in the Vail Co@rehentive Plan and is conpatiblz witb lbe deuelopment objectiues oJ the Towa. Our Analysis: The proposed zone district is consistent u'ith the historic use of the property and the adjacent propefty. The ptoposed zone district is consistent with the Vail Comprehensive Plan as this area is identified for public uses such as utilitjes. The Lionshead Redevelopment Master Plan recognizes this area as a potendal site for the expansion of the wastewater treatrnent plant and the relocated snou'cat access route. The ptoposed expansion will improve the capacity of the treatment facility which rvill allow the Tovzn to achieve its redevelopment goals in Lionshead and elsewhere in the Town. The extent lo phich the qone disticl amendnzenl * szitable with tbe existing and potential land uset on tbe sile and eisting and potential sunoznding land user ar sel out in tbe Town's adopted planning donrmen/s. Our Analysis: The proposed zoning and land use designation is compatible and suitable with adjacent Iand uses. The amendment will allorv an extension of the existing wastewater treatment facilitv, the construction of a neu' drinking water treatment plant, and will create a more d'irg61 16u1s for snowcats accessing Vail N{ountain. The Lionshead Redevelopment Master Plan identiEes this area for these tt?e of uses. Tbe extent to uhich the Tone dislicl amendment presents a harmoniout, contenienl, uorkabh relationship among land ues conistent aith nunicipal dzuelopnent objeclim. Our Analvsis: As stated above, the proposed use of t)le property is consistent and compatible with the neighborhood and will ptowide for a harmonious telationship to the adlacent land uses. The character and scale of ttre proposed faci.lities will be controlled b,v the Tou'n through the conditional use process to ensure that potential development will be compatible with neighboring uses. b. lJ nilt--l I I l,ltl Lt:| t-lLI t. -J Eagle fuver Water & Saaitation Drstnct Braun Associates, Inc.rl iJ I The extent to phich tbe Tone distict amendment pmaidet Jor tbe gmwth of an order! dabb communig and dnes not conslilate spot qoning as the amendment sentes tbe be$ interests of the communig as a whoh. Our Analvsis: The proposed rezoning is a logical extension of the existing land uses on the subiect property and on neighboring properties. The uses and development limitations wiII be established tbrough the condidonal use process and will ensure the development of an otderly viable community. The proposed land uses are in the overall interest of t}le community given the need for utfity faciJities. The extent to whicb the yone dislict amendment res t in adaerse or benefcial impacts on the natural endronment, induding bat not limited to wahr qualily, air qzaliE, noise, uegetation, ripaian nrridors, hillidet and other desirabh nattrral features. Our Analysis: The proposed rezoning u'ill have litde impact on the natural environment of the site or the Town as a rvhole. The site itself does not contain any unique natural qualities other than being located adjacent to Gore Creek. The proposed site is currentJy developed with the Old Town Shops, previously owned by the Town of Vail, which includes paving and Sading of the entire site. Measures rvill be taken to improve the drainage and vegetative qualities of the site. Tbe extent to uthich tbe 4one distict amendment is consistent with tbe purposes of the proposed qone di:rrict. Our Analysis: The proposed zone district is consistent with the pulposes of the General Use zone district. Additionally, the proposed land use for the property is a utility faciJity, snowcat access route, and public parking which are perrrrined by the proposed zone district by conditioflal use permit. The proposed zone district will allow for adequate light, air, and opefl spaces and allow for development of public or quasi-public uses harmonious witl the neighborhood and community as a whole. The extent to phich tbe qone district amendment demon rates bow conditiou haae changed inn the ryning duignation of the subject prEertJ aar adophd and is no /onger appmpiate. Our Anai]tsis: The needs of the community have grov/n over tle last 30 years ttrus creating the need for utiiities to keep pace with growth of the area. The proposed ls2sning wi-li alow the expansion of the adjacent wastewater treatrnent facility and the construction of a new ddnking water treatment facility. The existing zoning designations are no Ionger appropriate given the curent development of the parcels. 8. Eagle River V/ater & Sanitation District Braun Associates, Inc. ,i I Y. h. Such otherJactorc and criteia at the Commision andf or Concil dun applicab/e to tbe proporcd nryning. Our Analysis: None provided. Subdivision Criteria The burden of proof shall rest $/i*r the applicant to show that the appJication is in compliance with the intent and purposes of this Chapter, the Zoning Ordjnance and other pertinent regulations that the Planning and En'r.ironmental Commission deems applicable. Due consideration shall be given to the recommendations made by publ-ic agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall revierv the application and consider its appropriateness in regard to Torvn policies relating to subdir,'ision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integnty and compatibility with the suffounding land uses and other applicable documents, effects on the aesthetics of tle To'rzn. Anabit: Tbe pmpo:ed ubdidion conples uith Titlt | 3 and Title | 2 of the Town code. The pmpoted uses are conistent uitb tbe qoningprcposedfor rhe site as uell and vitb the eisting utili! seruices and bgbt indutial uses in the ndgbborhood. Tbe proposa/ wi// not hare adaene impacts on the entirottment as euidenced in the Endmnmental Inpact Repon rubnitted uitb tbe applimtionsfor tbis site. Tbe pnpsedparnl i7,e is consistent and contpatible with the deaelopnent patleru in lhe area and vith tbe Ceneral Use qone distict. Deuebpment a,itbin tbe pmpoud parcel nill be sabject to tbe Topn's d.eign gtidelinet and rtandards and th,4s wi// Prontzte the aestbelict detind b1 tbe Tohn. Refer Io lhe subdiuision plat and site dcuekpment drauings in support of the subdidsion @plication. ,--l Ittf ltu rl L] ! fl J I I l I i Eagle Rir-er Water & Sanitation District Braun Associates. Inc.74 VL Land Use Plan/Master Plan Goals Below is a iist of goals from the Vaii Land Use Plan and Lionshead Redevelopment Mastet Plan tlat are applicable to the District's project. The proposed development plan, conditional use pernits, and rezoning requests are consistent with these goals as the proposal is responding to t}le needs of the community and is being developed in an area where development is currendy located and anticipated by the Vail Land Use PIan. 1. General Growth/Development 1.1 Vail should continue to glow in a controled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and t]le permanent resident. 1.2 The quality of the envitonment including air, water and other natu{al resources should be protected as the Town gtows. 1.3 The quality of development should be majntained and upgtaded whenever possible. 1.72 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. Lionshead Redevelooment Master Plan 5.18 OId Town Shops "The old town shops site has been targeted for a vadety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plang and Vail Associates mountain services. These uses may be appropriate for the site, but they ate not compatible. Input ftom the Eagle River Water and Sanitation District suggests that the ptoperty will most likely be used for expansion of the sanitation plant and the VA service yard." EagJe River V/ater & Sanitation District Braun Associates, Inc.lf 5.77 West Day Lot/ Vail Associates Service Yard/ Holy Ctoss Site (Excerpt) ".... a snow cat access route to the mountain could be developed througb the old town shops site and across the rivcr to the Cascade Ho ski trail." 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I 1 J r,l Vail Water and Wastewater Facilities Environmental Impact Report Page ii 4.2 Proposed Mitigation Measures ............24 4.3 Possible Altematives.. ..........................25 4.4 Short and Long Term Uses of the Environment................ ..............26 4.5 Irreversible Environmental Changes ..........................26 4.6 Growth lnducing Impacts ....................26 5 REFERENCES ............. ..........................26 TABLES Table l: Vail WWTP Effluent Results ............5 Table 2: Soil Layer Information .................... 12 Table 3: Dowd Junction Purnp Station Sampling Results ......................... l6 Table 4: National Ambient Air Quality Standards .............. l7 Table 5: Threatened, Endangered, Proposed and Candidate Species in Eagle County...20 Table 6: Altemative Treatment and Disinfection Processes for the Vail DWF .............. 25 FIGURES Figure 1: Water Supply and Wastewater Treatment System Schematic ........................... 2 Figure 2: Old Town Shops building ................... ...................4 Figure 3: Gore Creek ............... I I Figure 4: Old Town Shops Property .............. 14 APPENDICES Site Plan Demarcating Existing Facility Footprint and the Proposed Expansion APPENDIXA Actifloct- Proposed Drinking Water Treatment System Brochure....... APPENDIX B Colorado Water Quality Control Division Letter Approving the Co-location of Vail WWTP and DWF ......APPENDIX C Possible Structural and Non-Structural Erosion and Sediment Control Practices I APPENDIXD I Introduction The Eagle River Water and Sanitation District (the "District") proposes to expand the Vail wastewater treatment plant and develop of a new raw water treatment plant. These facilities would be located on a parcel of land adjacent to the existing wastewater treatment plant at the intersection of Forest Road and South Frontage Road. The District intends to implement the project in two phases. Phase 1 includes the expansion of the District's physical facilities. New construction would provide the space needed to expand the wastewater treatment plant and install a new drinking water treatment facility (D\\T). Installation of DWF equipment and commencement of operations would occur in Phase 2. This Environmental Impact Report follows the report content requirements of Chapter 12 of the Town of Vail Code. Town of Vail sections and sub-sections are referenced in parenthesis in report headings, with minor organizational modifications specific to this project when necessary. 2 Generol Stqfement (l 2-'12-5 B) 2.1 Project Owner/Sponsor (12-12-5 B) The Eagle River Water and Sanitation District proposes upgrading their existing Vail wastewater treatment facilities. The project also includes the addition of a drinking water treatment facility and new raw water source. The District provides water and wastewater utilities to approximately 54,400 acres in Eagle County. The towns of Vail, Minturn, and Avon, and the mixed-use developments served by Arrowhead, Beaver Creek, Berry Creek, Eagle-Vail, Edwards, Traer Creek, Holland Creek, Bachelor Gulch (Smith Creek), and Squaw Creek (Cordillera) Metropolitan Districts are included within District boundaries. The District cunently manages systems that serve 22,522 water and 22,973 wastewater single-family equivalent units (SFEs). While the Dishict's permanent population is estimated to be approximately 20,000, its population during peak season exceeds 40,500 residents due to the influx of temporary residents for recreation and tourism purposes during the winter and summer seasons. 2.2 Proposed Project Description and Purpose (12-12-5Bl The proposed plant expansion and upgrade would enable the District to serve future development and to provide redundant water supply and treatment facilities and optimize system operations in the Vail Valley. The proposed project includes: ri 't i .l :l l .J Vail Water and Wastewater Facilities Environmental Impact Report Page2 l. Expansion of the current Vail facility onto an adjacent parcel immediately to the west, which is owned by the District. 2. Upgrade of the current wastewater treatment plant (WWTP) to provide additional secondary clarifier capacity. This would supplement the function of the two existing circular secondary clarifiers and provide greater operational flexibility for the activated sludge process. 3. The construction of a new drinking water treatment faciliry. The source of raw water would be an existing diversion at the confluence of Gore Creek and the Eagle River. The new water source would be connected to the water treatment plant by an existing pumping facility and pipeline currently used for snowmaking at the Vail Mountain ski area. A schematic of the water supply and wastewater treatment system is presented in Fisure 1. Figure 1: Water Supply and Wastewater Treatment System Schematic 2.3 Funding Source and Time Schedule (12-12-5 Bl Engineering and preliminary work for the proposed project is funded through the Disfrict fund balance at this time. Once the design plan, which is cunently in a preliminary phase, has been finalized and project costs determined, bonds would be issued. Construction is targeted to begin in the spring of 2004 with a constmction period of an estimated 210 days. Prior to construction an existing structure, the Old Town Shops building, will be removed from the proposed project site. Demolition of this buildine is scheduled for completion in the fall of 2003. Ea5l rnd W.rt Vall (Etistns) I I r'rarod wat.. Y I DfldJunctlon I I | | I To lv.tor Dirrrlbution E sre Riv.' I Inbko.nd Pump I a"" w.t., I vair Dw T'..tm.nt I popb6 \,yat.. I v.ir owr xtsi' I sy.t . |nd Gorl I Sb on | | proccss | - | Srrvicc rumornc Ic,.ek +i i+l ""-" | --+ l*-*'-*=l+ I rNew In rh. !y.r.m) I | (prcp*od) | | (Ert3tns) | lPrcc.$Wast.W.br* Collection Syrl.m----+ Ol3ch.rge to Gor. Crc.k.* Vail Water and Wastewater Facilities Environmental Impact Report Page 3 2.4 Project Boundaries (12-12-5 B 1) The current Vail WWTP is a three-story, 50,500 square foot facility located in Eagle County within the corporate limits of the Town of Vail, Colorado, at 846 Forest Road. The proposed project includes the expansion of the District's Vail facilities on their current lot and an adjacent parcel immediately to the west. South Frontage Road runs parallel to I-70 and defines the northern boundary ofthe existing and proposed facilities. The site is bordered by Forest Road to the east and Gore Creek to the south. 2.5 Present and Proposed Site Uses (12-12-5 B 2l 2.5.1 Physical Facilities Cunent Facility The Disftict's cunent faciliry houses administrative offices as well as the Vail WWTP, and accommodates 29 employees. Current vehicle access to the site is from Forest Road (parking for District employees and the general public and access to the District's administrative offices). The site and a general maintenance area for operations personnel may also be accessed via South Frontage Road. Vehicle parking is located to the east and west of the existing building. The larger, westem parking area is built at ground level above the current WWTP. Three fleet vehicles are stored at night and approximately 25 vehicles are parked during the workday. Proposed Facility Expansion The existing facility footprint and the proposed expansion are demarcated in the site plan (Appendix A). The District owns the project site. The Old Town Shops property, which is approximately 0.51 acres, was purchased by the District in 2002. The proposed site presently houses a single 3,930 square foot abandoned structure, the Old Town Shops (Fig. 2), which is scheduled to be demolished by the fall of 2003. Pre-demolition asbestos removal from the building was completed on April 14,2003r. Air monitoring by Boulder Environmental Management found the site to be negative for asbestos content. Lead sampling performed by Boulder Environmental Management on February 14,2003 found that no building components were toxic for lead. Testing results are on file with the Town of Vail. I Asbestos removal was done by American Abatement Inc. ofDenver, Colorado. Vail Water and Wastewater Facilities Environmental Impact Report Page 4 I J .) Figure 2: Old Town Shops building (slated for demolition, facing northwest) The site has an estimated i45 feet of frontage along South Frontage Road and is bordered to the south by approximately 180 feet along Gore Creek. The properly drops about t2 feet from the Frontage Road and the bank adjacent to the creek is also very steep. The rear of the lot is generally flat (Dory and Associates, 2002). New building construction would extend to the west of District's existing facilities, adding approximately 12,900 square feet to their current 50,500 square feet. The addition and improvement of asphalted areas would also occur along the western and southem boundaries ofthe property. A parking lot for approximately 60 vehicles, located on the roofofthe expanded facility, would be accessed by both South Frontage Road and Forest Road. The proposed building expansion would include space for a new water treatment facility and the addition of two additional secondary clarifiers for the WWTP. Descriptions of the proposed water treatment and wastewater treatment processes are provided in the following sections of this report. Vail Resorts has proposed a bridge across Gore Creek to the southwest of the Districts' facilities with access along the westem boundary of the site. This bridge is not a part of this proposal but is included in the site plan (Appendix A) to insure that the District's and Vail Resorts' proposals are compatible. The preliminary site plan for the bridge, prepared by Alpine Engineering, would allow Vail Resorts to bypass residential areas along Forest Road when accessing the ski area from their shop yard on the north side ofthe South Frontage Road. The new route would take snow cats and other ski area maintenance traffic across Frontage Road, past the District's facilities and across Gore Creek to the ski area. Currently snow cats must drive down Forest Road and through a residential area to access the resort. J 'I 2.5.2 Wastewater Facilities Current Wastewater Treatment Processes The District operates three wastewater plants in the towns of Vail, Avon and collection lines that function primarily by gravity flow with several lift stations. The Disfrict's Vail wastewater treatment plant, located in the lower level of their Vail facility, was consrructed in 1969 and most recently expanded in 1982. A2002 facility upgrade increased the faciliry's Biological Oxygen Demand (BOD) loading capacity. The Vail WWTP uses an activated sludge treatment process that consists of influent screening followed by aeration basins that can be operated in series or parallel. FIow from the aeration basins is then conveyed into secondary clarifiers, which in tum discharge into nitrification basins. These basins discharge to ultra violet disinfection facilities before discharging into Gore Creek. Solids resulting from the wastewater treatmenr process are pumped to the Avon plant for treatment where residual sludge is digested and a Class "A" biosolids produced' The current Vail WWTP hydraulic design capacity is: 2.Tmilliongallonsperday(MGD)maximum30-dayaveragedailyflow 4.2 MGD maximum dailY flow 5.4 MGD Peak hourlY flow- Table I shows recent l2-month effluent characteristics for the Vail W-WTP- Plant effluent was well within permit limits for all parameters. The Vail WWTP is currently operating effectively andhas been consistently meeting all applicable water quality standards. Table 1: Vail WWTP Effluent Results (Source: Eagle River Water and Sanitation District) Vail Water and Wastewater Facilities Environmental Impact RePort Page 5 Permit LimiK 2002 2003 30 day Muy Jun Jnl Aug s"p Oc1 Nov Dec Jan Feb Mar Apr BOD5 (mslL)30 J 9 o 5 5 t2 l.l l0 o o TSS (mgil-) 30 o 7 8 IO 5 5 l3 20 14 t1 Fecal Coliforms 560 2 8 9 2 2 l0 7 14 8 Ammonia (me/L)See below <0.1 0.1 0.0 0.1 0.0 <0. I 0.1 0.9 0.30.2 0.1 0.1 Ammonis Permit Limit (ms/Ll NA a/l 3.5 2--J 2.1 1.5 r.9 2.3 .A 2.2 tl 2.0 Flow (MGD) 2.'t 1.58 |.69 1.641.40 I .18 l.0l 1.09 1.53 1.54 r.68 1.57 I Vail Water and Wastewater Facilities Environmental Lapact Report Page 6 Proposed Expansion and Upgrade of Wastewater Treatment Facilities The proposed project is designed to increase wastewater treatment capaciry at the current plant in response to planned development in Lionsbead and Vail Village, as well as anticipated stricter State effluent lirnits for nitrate and phosphorus. The project includes additional secondary clarifiers, which would increase plant capacity without changing the processes used at the plant or the quality ofthe effluent. The point of discharge to Gore Creek is adjacent to the WWTP near the confluence of Red Sandstone Creek and would not be changed under the proposed project. The District believes it would be able to handle the additional loading that will result from redevelopment within the Town of Vail with minirnal modifications that include the addition oftwo secondary clarifiers. The project objectives for the new secondary clarifi er proj ect include : r Provide additional secondary clarifier capacity to permit fuhrre operation of the Vail activated sludge system as a single sludge system for biological nuftient removal. r Improve the operational flexibility associated with the activated sludge system by providing a wide range of operational configurations and loadings with regard to the secondary clarification and retum sludge pumping. The new secondary clarifiers would be located in the building expansion to the west and south of the existing clarifiers. Tbe projected hydraulic design capacity for the proposed project is: 3.5 MGD maximum 30-day average daily flow 5.6 MGD maximum daily flow 7.0 MGD peak hourly flow. Once tbe clarifiers have been constructed, piping, retum sludge pumps, scum collection and pumping equipment, and sludge removal equipment would be installed. Operational improvements to the WWTP would also include improved automation and better aeration blower control. 2.5.3 Water Treatment Plant Current Drinking Water Treatment System The District provides water service from East Vail to Dowd Junction through eight wells located in the Gore Creek alluvial aquifer, one surface treatment 1.0 MGD plant located in East Vail and 57 miles of transmission lines. Four groundwater wells, approximately 100 feet deep, are located in the area around the Vail golf course and can produce approximately 7.3 MGD. Three groundwater wells, approximately 60 feet deep, are located in the Matterhorn area of West Vail and can produce approxirnately 1.0 MGD. Well water is high quality and requires only the addition of chlorine at the well I l --.) ,t ,l .J ,l I .) I .J l l Vail Water and Wastewater Facilities Environmental Impact Report Page 7 head to meet drinking water standards. A water system interconnection at Dowd Junction is shared with the Upper Eagle Regional Water Authority and serves an altemative backup source capable of providing 1.2 MGD. Construction of Water Treatment Plant and Addition of Raw Water Source The Dishict proposes constructing a new 3.0 MGD drinking water featment facility in conjunction with the District's facility expansion. The purpose of the DWF is to provide increased capacity and to decrease reliance on upstrean:l wells during low flow periods, thereby enhancing stream flows in Gore Creek through the Town of Vail and downstream to the mouth of Gore Creek. Redundancv allows ootimization of source utilization and water quality. The system schematic shown in Figure 1 illustrates the manner in which the new facilities would be integrated into the system. Raw water from the confluence of the Eagle River and Gore Creek would be pumped to the new drinking water treatment facility, which would include filtration, disinfection, pumping, and ancillary equipment. Backwash and other wastewater generated by the proposed water treafinent plant would be treated at the Vail WWTP, before being discharged to Gore Creek. Potable water would enter the existing domestic water distribution system for the Town of Vail. The proposed project would utilize an existhg diversion structure at Dowd Junction (at the confluence of the Eagle River and Gore Creek) to provide an additional source of raw water. Vail Resorts currently owns, operates, and maintains the intake and pump station at Dowd Junction, along with an existing l2-inch raw water pipeline for the purpose of snowmaking. Water diverted from the Eagle River is conveyed through the pipeline, which is buried on the north side of Gore Creek, to a booster pump station on the south bank of Gore Creek across from the District's facilities. This pipeline is used to convey water for snowmaking frorr November through January. The District would have use of the pipeline during the majority of the year when it is not being used for snowmaking. This existing infrastructure presents an opportunity for the District to reduce costs and minimize environmental impacts that would be associated with the construction of a new intake and pipeline. Phase 1 of the District's proposed project includes building the structure, which would house the future water treatment facility. The actual installation and operation of the DWF would occur within the next few years. Preliminary design calculations and process evaluations, necessary to determine building specifications, were completed by Brown and Caldwell (Brown and Caldwell, 2003). The water quality data provided in Table 2 were used to determine the required treatment technologies for the Vail DWF. These preliminary specifications suggest th.ree parameters of particular interest: . Iron and Manganese Removal r Contact Time Reouirements . Turbidity l I iJ :l .J Vail Water and Wastewater Facilities Environmental lmPact RePort Page 8 Several altemative processes were screened for a new 3.0 MGD DWF (Brown and Caldwell, 2003). Two "tit..iu were considered, prior to costing, including site and space requirements and proven operation at sirnilar installations. A cost comparison was then made for alternatives that passed the initial screening' ActiflocrM (a conventional contact clarification process) was recommended as the best water treatrnent option. This decision was based upon the ability of the Actifloc rM process (see Appendix B) to treat variable raw water tubidity, remove iron and mangaDese, and provide sustained and competitive life-cycle costs' Recommended process includes the following base components: o Feedwater Flow Meters o Testing of Pre-Ozonation for Iron / Manganese Oxidation . Actifloc rM Process . Air Blowers . Washwater Pumps . Chemical Feed SYstems . UV- Primary Disinfection . on-Site Sodium Hypochlorite Generation for Residual Disinfection . Finished Water Booster PumPs . Instrumentation and Control Ultraviolet (uV) disinfection and on-site sodium hypochlorite generation were selected for primary disinfection and residual chlorination, respectively' Site constraints require that the proposed DWF be co-located with the wwTP in the new building structuie. This is a unique situation because drinking water and wastewater treaiment facilities are usually placed at separate locations. To insure that the drinking water and wastewater facilities are isolated from one another, a series of protectiie measures have been developed (Brown and Caldwell, 2003). The Colorado Water Qualify Control Division has accepted the colocation of the WWTP and the DWF (see Apiendix C) provided the following mitigation steps are implernented: . Piping for raw and finished water will enter the DWF on the west side, away from and above all sewers in the area. . The building containment for the DWF will be isolated by use of dual walls with a space between, and leakage from the space will be collected, detected, and seni to the W-WTP. Detection of watel in the space befween the facilities will cause an alarm and could result in faciliry shutdown' Vail Water and Wastewater Facilities Environmental Impact Report Page 9 The two facilities will have separate HVAC systems, with the WWTP conkolled at a negative air pressure, and the DWF at a positive air pressure. Sensors and motorized dampers will positively control differential pressure. The fresh air intake for the DWF building will be on the west side, and the exhaust/odor control system for the WWTP will be on the southeast side. The only entryway going from the W-WTP to the DWF will be a sealed door with a positive closer, set into the wall above the maximum flood level of the WWTP, with stairs on both sides. The WWTP has a positive maximum water level, based on overflow piping that will send water to the interceotor to the Avon WWTP at a specified level. Facilify operators will be certified in both water and wastewater, and will be trained so they fully understand the dangers of contamination. A new laboratory area will be installed, which will allow District staff to better control and monitor the quality of their work. 2.6 Present and Proposed Zoning of the Site (12-12-5 B 3) The parcel on which the District's current facilify is located is zoned General Use. The recently purchased Old Town Shops parcel is zoned Lionshead Mixed Use 2 and Outdoor Recreation. The District proposes to rezone all of this land to General Use. The municipal and residential. 2.7 Quantitative Information (12-12-5 B 4l Quantitative information regarding the proposed project can be found above in "Present and Proposed Site Uses" and below in the "Environmental Inventory and Impact Type and Analysis" section. 2.8 Applicable Regulations and Permitting (12-12-5 B 5) A summary of regulafions/permitting affecting the District's proposed WWTP expansion and new DWF are presented below. The District anticipates that the proposed project would meet all applicable federal, state and local regulations. 1. Town of Vail l.l. Building Permit: A building permit for the proposed project will be required by the Town of Vail. Vail Water and Wastewater Facilities Environmental lmpact Report Page 10 1.2. Desisn Review Board Application Aporoval: Approval by the Town of Vail's Design Review Board will be required for the proposed project. 1.3. Conditional Use Pennit: The Planning and Environmental Cornrnission must review and approve the Environmental Impact Report for the project to insure compatibility and harmonious development between conditional uses and surrounding properties and the Town of Vail at large. 2. Colorado Department of Public Health and Environment 2.1. Waste Water Treahlent Plant Site Approval: The Water Quality Control Division must review and approve plans and specifications for wastewater facilities. This permit is not required for Phase I (see Appendix C). 2.2. Drinkine Water Faciliqv Site Approval: The Water Quality Control Division must review and approve plans and specifications for drinking water facilities. This permit is not required for Phase 1 (see Appendix C). 2.3. Drinkine Water Treatment Plant Site Approval: Colorado Discharse Permit Svstem (CDPS) Construction Dewatering Wastewater Discharge Permit: This permit is required for discharges associated with construction site dewatering, if necessary due to groundwater infiltration or stormwater. This permit is typically applied for by, and issued to, the construction contractor. 2.4. CDPS Water Treatment Plant Wastewater Permit: This permit is required by all water treatment plant wastewater dischargers. Under the proposed project, the increase in plant capacity will require that the District's current wastewater discharge permit (number CO-003-73 I 1) be updated. 2.5. CDPS Stormwater Discharse Permit: The district currently has a stormwater discharge permit on file with the State. This permit will need to be updated once the proposed project is completed to address changes in stormwater management at the current and proposed site. 3. Colorado Department of Transportation 3. 1 . Highway Access Permit: The Colorado Department of Transportation regulates vehicle access to or from any public highway. The proposed project wiLl change the entrance to the South Frontage Road and will require a Highway Access Permit. 2.9 Copies of Maps, Development Plans and Other Documents (12-12-5 B 6) The following documents are included as Appendices to this report: Vail Water and Wastewater Facilities Environmental Impact Report Page 11 A. Site Plan Demarcating Existing Facilily Foo@rint and the Proposed Expansion. B. ActiflocrM Proposed Drinking Water Treatment System Brochwe. C. Colorado Water Qualify Control Division Letter Approving the Co-location of Vail WWTP and DWI. D. Possible Structural and Non-Structural Erosion and Sediment Control Practices. 2.10 Proximity to Water Bodies (12-12-5 B 7) The project site is in close proximity to Gore Creek, which borders the southern edge of the District's current and proposed facility sites. The Gore Creek 100-year flood plain is approximately 2 horizontal feet from the boundary ofthe proposed project site (see Appendix A). A steep streambank, with an approximate 2O-foot drop, separates the creek from the site (Fig. 3). Figure 3: Gore Creek Gore Creek (eastward orientation) as it flows by the District's current facilities seen to the left. The Forest Road Bridge and pedestrian bridge can be seen crossing the creek. 2.11 Soil Types (12-12-5 B 8l The following information is based upon Soil Conservation Service State Soil Geographic Database (STATSGO) data regarding the dominant soil composition in the Vail Water and Wastewater Facilities Environmental Impact Report Page 12 area of the proposed project (National Resource Conservation Service, 2002). Table2 provides interpretations of three soil layers. Soil Component Name: MACFARLANE Soil Surface Texture: very stony - sandy loam Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately course texnrres. Soil Drainage Class: Well drained. Soils have intermediate water holding capacity. Depth to water table is more than 6 feet.:l I. i Hydric Status: Soil does not meet the requirements for a hydric soil. ' 1 Corrosion Potential - Uncoated Steel: Moderate ' I Table 2: Soil Layer Information 'I I I1, Soil Laver Information Boundarv Classification LayerUpperLower Soil Texture CIass AASHTO Group Unified Soil Permeability Rate (inihr) Soil Reaction (pH) I 0 inches l8 inches very stony - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE. GRAINED SOIS, Gravels, Gravels with Fines, Silty Gravel Max: 6.00 Min: 2.00 Max: 7.30 Min: s.60 z l8 inches 40 inches very stony - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silty Gravel Max: 6.00 Min: 2.00 Max: 7.80 Min: 5.60 3 40 inches 60 inches very sroDy - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silty Gravel Max: 6.00 Min: 2.00 Max: 7.80 Min: 5.60 The following additional subordinant soil types may appear within the general area of the proposed project bases upon Soil Conservation Service STATSGO data. ",1 .J Vail Water and Wastewater Facilities Environrnental Impact Report Page 13 Soil Surface Textures: stony - sandy loam, unweathered bedrock, loam, very stony - loam, fragmental material. Surhcial Soil Types: stony - sandy loam, unweathered bedrock, loam, very stony - loam, fragmental material. Shallow Soil Types: no other soil types. Deeper Soil Types: weathered bedrock, unweathered bedrock, very gravelly - loamy sand, very gravelly - sandy loam, fragmental material. 3 Environmentol Inventory ond lmpoct Type qnd Anolysis (12- 12-S C, D ond E) 3.1 Hydrologic Conditions (12-124 A1l 3.1.1 Surface Water Existing Conditions Gore Creek drains approximately 100 square miles and is the primary source of water supply for the Town of Vail and the Vail Ski Area. The mean annual stream flow in Gore Creek at its mouth is 129 cubic feet per second (cfs) for a total discharge averaging93,790 acre-feetperyear. Peakflowsduringspringrunoff canreach 1,850cfs during the month of June, while the lowest recorded flows are approximately 11 cfs during the months of January and February (U.S. Geological Survey, 2002). As previously described, the water supply for the Town of Vail is diverted primarily from Gore Creek via an alluvial well field located near the confluence of Booth Creek. Water use in Vail consists prirnarily of commercial and domestic uses, lawn irrigation and golf course irrigation. The water supply for restaurants and other facilities located on Vail Mountain is obtained from wells and Mill Creek. Mill Creek drains the north side of Vail Mountain and is a major tributary of Gore Creek. Water supply for snowmaking on Vail Mountain is taken from Gore Creek (below the Vail Wastewater Treaflnent Plant outfall near the confluence ofRed Sandstone Creek) and from the diversion facility located at Dowd Junction. To protect instream flows during low flow conditions, snowmaking diversions from Gore Creek are limited to the amount of effluent being discharged frorn the WWTP. Total projected water depletions from Gore Creek for the Town of Vail and the Vail Ski Area at full development are expected to reach 2,557 acre-feet per year. Ll ',1 :J ,.1 a-!:1:.1 tJ ::l I :l Vail Water and Wastewater Facilities Environmental Impact Report Page 14 Under existing conditions, surface water runoff and erosion at the project site may impact Gore Creek. The ground surface ofthe current and proposed sites has been highly rrodified by'grading, construction of structures, and paving, resulting in the establishment of an impermeable surface. Along the southern edge of the Old Town Shops property, there are currently no measures in place to prevent sand, gravel and other debris from falling into the creek (Fig. a). At the District's current facility, stonnwater runoff is directed through a drain on the southwest part of the property before flowing directly into Gore Creek. Ourfalls are inspected twice annually to ensure that they are free of debris. Figure 4: Old Town Shops Property Analysis of lmpacts The proposed project includes an additional source ofraw water, pumped from Gore Creek and the Eagle River at Down Junction. This new drinking water source would have a positive impact on Gore Creek stream flows and water quality. Dowd Junction, rather than water from the wells in East Vail could be pumped during low flow months, leaving water in Gore Creek between the well fields and Dowd Junction. The proposed project would not affect the stream channel or raise the level of the 100-year flood plain. Several improvements in stormwater management and erosion control would be made to the site under the proposed project. Following construction plan approval, temporary stormwater and erosion controls would be installed. Appropriate best management practices (BMPs) to reduce the amount of sediment and stormwater transported to Gore Creek would be selected to remain in place until permanent ii il Vail Water and Wastewater Facilities Environmental Impact Report Page 15 stormwater controls are constructed and final project acceptance has been granted. BMPs are designed to: o minimize the amount of disturbed soil. r prevent stormwater runoff, . caph-lre sediment, . provide a buffer zone between the construction site and Gore Creek, . temporarily stabilize soils during construction, and . revegetate and permanently stabilize soils post-construction. Examples of BMPs that would be utilized where applicable are presented in Appendix D. These are examples of both permanent and temporary, as well as structural and non-structural, measures that could be employed during and after construction. After construction, stormwater runoff from the driveway and parking areas would be routed through a drain on the southwest corner of the properfy. All traffic and parking areas would be asphalted, decreasing the amount of sand and gravel in runoff. 3.1.2 Groundwater Existing Conditions Exploratory drilling at various sites in the Town of Vail has confirmed the presence of groundwater at varying depth throughout the area. At the site of the proposed project, the groundwater table is expected to be closely associated with Gore Creek. Analysis of lmpacts During construction it is likely that groundwater would be encountered in areas excavated for construction of the building foundation and pumping would be reguired to dewater the excavated area. It would be necessary to create a settling basin or sump area to collect groundwater, which would then be pumped into Gore Creek. This would result in some reduction in the elevation of the groundwater table during construction in the area surrounding the site. There are no wells present in the surrounded area that would be affected by a change in the groundwater table. This impact would be temporary because groundwater levels would return to normal following constrrrction. The construction contractor would obtain a discharge permit from the Colorado Water Quality Control Division for construction dewatering and would be required to employ best management practices to meet water qualify standards. :t Vail Water and Wastewater Facilities Environmental Impact Report Page 16 3.1.3 Water Quality Existing Conditions The Colorado Water Quality Control Commission has classified Gore Creek for the following uses: Class I cold water aquatic life, dorrestic water supply, Class I recreation and irrigation. The Eagle River from Beldon downstream to the confluence with the Colorado River (Colorado Deparhnent of Public Health and Environment, 2002) has the same classified uses as Gore Creek. Water quality sarnples from the Dowd Junction pulnp station, which are a mixture of Eagle River and Gore Creek water, were collected between December 2002 and April 2003 (Brown and Caldwell, 2003). The results are presented in Table 3. Iron and manganese levels in the Eagle River are elevated due to the Eagle Mine Superfund site located above Minturn. All other parameters met standards. A single analysis, conducted on April 17,2003, for Giardia and Cryptosporidium, was negative. Table 3: Dowd Junction Pump Station Sampling Results (Brown and Caldwell. 2003) Though pump station samples for iron and manganese at times exceeded drinking water table value standards of 0.3 mg/L and 0.05 mg/L, respectively, these standards exist for aesthetic purposes and not for health reasons. A new water supply, or "WS", standard for iron, manganese and sulfate has recently been adopted by the Colorado Water Quality Control Commission (WQCC) to provide greater flexibility regarding these constituents. Except where the WQCC has adopted site specific standards, the least restrictive ofthe existing quality as ofJanuary l, 2000 or the table value standards, applies to waters with a WS designation. Regarding the Dowd Junction pump station water, ambient conditions are the least restrictive, and will become the new WS standard, precluding fu ture exceedences. I ;J ] i.) Results 12/4/02 r/14/03 r/22/03 3/11/03 4/1/03 Iron 0.25 mg/L 0.57 rr'g/L 0.33 mg/L 0.11mg/L 0.20 mg/L Manganese0.069 mg/L O.20 mg/L 0.17 mg/L .025 mg/L 0.033 mg/L TOC < 1.0 t.J mg/ t <1.0 <1.0 <1.0 Aikaliniry 108 mg/L 123 mg/L 100 mg/L 118 mg/L 130 mg/L Hardness186 mg/L 190 mg/L '162mg/L 222mg/L 224 mg/L PH 8.1 8.5 8.0 7.9 /.o Turbidity 2.16 NTU 1.7 NTU 1.5 NTU 1.9 NTU 1.8 NTU Temperarure 4.0"c 4.0'c 4.0'c 4.5"C 7.0"c Vail Water and Wastewater Facilities Environmental lmpact Report Page 17 Analysis of lmpacts Under the proposed project, the District would continue providing potable water to the Town of Vail that rneets all applicable drinking water standards. WWTP effluent standards would be maintained, preserving the water quality of Gore Creek down to the confluence with the Eagle River. Operation of the new raw water treatment facility would result in water quality improvements on Gore Creek. During periods when domestic water is being diverted at the Dowd Junction intake facility, there would be an equivalent reduction in the amount of water being pumped from the East Vail wells. This would result in an increase in stream flows in a 7-mile section of Gore Creek from the vicinity of the Vail Golf Course downstream to the Eagle River. During winter months, when flows in Gore Creek are at their lowest levels, the amount of improvement could be significant. For example, during the rnonth of February, the flow in Gore Creek above the Vail WWTP outfall is typically in the range of 10 to 12 cfs. Operation of the intake facility at Dowd Junction could increase flows in Gore Creek by up to 4.6 cfs. This increase in flow would provide additional dilution capacity to the stream, resulting in a reduction in the concentrations of pollutants from urban runoff and other sources 3.2 Atmospheric Conditions (12-124 A 2) Existing Conditions The U.S. Environmental Protection Agency (EPA) and the Colorado Department of Health, Air Quality Control Division have established air quality standards to protect public health and the environment. The National Ambient Air Qualify Standards GtfAAQS) adopted by EPA and the Colorado Air Quality Control Commission are presented in Table 4. Table 4: National Ambient Air Quality Standards Pollutant Averaging Time Concentration Carbon Monoxide I hour+35 ppm (40 mg/m3) 8 hour*9 ppm (10 mg/m3) Fine Particulate Matter (PMr.s) ** Annual arithmetic mean t ) pg/m- 24 hour*o) pglm- Respirable Particulate Maft er (PMro) Alnual arithmetic mean 5U lig/m" 24 hour*150 prg/m3 + Concentration not to be exceeded more than one time per year in averaging time. ** The PM 2.5 standard is included for information only. A 1999 federal court ruling blocked implementation of this standar4 t)vhich EPA proposed in t 997. (http://www.epa.gov/ttn/oarpg/naaqsfin-/) 't I ,l :i 't J i I I Vail Water and Wastewater Facilities Environmental hnpact Report Page 18 Carbon monoxide and particulate matter are two out of six principal pollutants, or criteria pollutants. Areas which violate the NAAQS for one or more of the six criteria pollutants2 are classified by EPA as non-attainment areas. According to the most recent USA Air Quality Non-attainment Areas list (U.S. Environmental Protection Agency, 2003), Eagle County is neither included in the Non-Attainment Area for carbon monoxide nor in the Non-Attainment Area for particulate matter. According to the EPA National Emission Trends (NET) database3, which includes pollutants'levels at county monitoring stations, particulate matter in Eagle County is currently below the NAAQS. The District's current WWTP processes rrinimize odors and emissions from the Vail plant. Additionally, the District pumps solids from the Vail WWTP to their Avon plant for treatment, greatly diminishing the potential for odors. Negative pressure is maintained in the Vail WWTP to prevent air from escaping. A series of fans and ducts conveys air away from the wastewater treatment area. Ozone is then injected into the ductwork, effectively neutralizing odors. Analysis of lmpacts For purposes of this proposed project, air pollutants of concem would be carbon monoxide and fine particulate matter (PM2 5) from fuel combustion in motor vehicles, and respirable particulate matter (PM16) or fugitive dust from construction activities and wind erosion from disturbed areas. Atmospheric impacts would be minimized, in part, through the implementation of erosion control methods as listed under the "Hydrologic Conditions" section above. In addition, PMro and fugitive dust from construction activities and wind erosion from disturbed areas would be minimal as all access roads are paved. Sprayed water would be applied to unpaved transportation areas during construction. Post-construction, the proposed project would result in no changes in odors or emissions and the odor control system would be upgraded with the addition of new equipment. 3.3 Geologic Conditions (12-124 A3l Existing Conditions The Town of Vail is situated in a structural trough that stretches from Vail Pass to McCoy in north central Eagle Counfy. Elevations in the vicinity of Vail range from 7,726 feet at Dowd Junction to approximately 13,230 feet along the Gore Range. The bedrock underlying all of Vail Mountain and the adjacent Gore Creek Valley is the Mintum Formation of the Pennsylvanian age. The formation is primarily sedimentary z The six criteria pollutants are: Carbon monoxide, Nitrogen dioxide, Ozone, Lead, Particulate matter, and Sulfur dioxide. ?-, ,,*-. .r The NET database replaces the fonner AIRS database. :J Vail Water and Wastewater Facilities Environmental Impact Report Page 19 rock consisting of interfingering lenticular beds of sandstone, siltstone, shale and conglomerate, within which laterally persistent limestone and dolomite marker beds occur. Soils throughout the area are formed frorn these sedimentary materials with a predominance of medium and coarse grained, poorly sorted sands. During the quaternary period, several large valley glaciers were present within the Gore Creek Valley which gouged out the lower valley floor, forming steep cliffs. Oversteepening of the lower valley wall and deepening of the valley itself removed upslope support for large sections offonnational bedrock which dipped towards the valley axis. Eventually, large bedrock dip-slope landslides began to occur as glacial ice, temporarily buttressing the dipping bedrock masses, melted aryay (Vail Resorts, Inc., 1986). The geology surrounding the District's treatment facility includes modified land- surface deposits. Landscaping has extensively modified the land surface in the Town of Vail. Artificial frll deposits are present both south and north of I-70 and throughout the I- 70 corridor. Specific information regarding the soil types found in the vicinity of the proposed project can be found under the "Soil Types" section above. The current streambank along the southern edge ofthe project site (Figs. 3 and 4) is extremely steep with sparse grass and willow cover. A 2003 geotechnical study by HP Geotech (HP Geotech, 2003) of fie site found no indications of significant slope movement along the streambank. Analysis of lmpacts The 2003 geotechnical report referenced above suggests that project excavation would provide an opportunity to reconstruct the embankment with structural material and boulders or mechanically stabilized earth (MSE). If the embankment is not excavated, the report recommends that bank stabilify be evaluated during construction. The streambank, which is on Town of Vail properfy, would not be changed by the proposed project. 3.4 Biotic Conditions (12-124 A 4) 3.4.1 Vegetation Existing Conditions Vegetation is limited primarily to noxious weeds in the area surrounding the existing and proposed site because much of the site is paved and gravel surfaces. Sparse grass and willows are located along the steep stream bank bordering Gore Creek and the Diskict's facilities (Figs. 3 and 4). I,) Vail Water and Wastewater Facilities Environmental lmpact Report Page 20 Analysis of lmpacts Under the proposed project, site vegetation would be irnproved in conjunction with landscaping. Vegetation to the south of Gore Creek, primarily coniferous forest, would not be disturbed by the proposed project. 3.4.2 Threatened, Endangered, Proposed, and Candidate Species Existing Conditions The U.S. Fish and Wildlife Service federally listed and candidate species list (U.S. Fish and Wildlife Service, 2003) was used to detennine the threatened, endangered, proposed and candidate species that occur or may occur in Eagle County. Table 5 provides a list of species and their status in Eagle County. Table 5: Threatened, Endangered, Proposed and Candidate Species in Eagle County Species ThreatenedEndansered Proposed Candidate Bald eaele. Haliaeetus leucocephalus x Gunnison sage-grouse, Centrocercus minimus X Yellow-billed cuckoo, C o ccyzus amencanus x Black-footed fenet, Mustela nisripes X Canada lvnx. Zvnx canadensis X Bonytail, Gila eleeans X Colorado pikemirurow, Prycho cheilus lucius X Humpback Ct:ub, Gila cvpha x Razorback sucket - Xvrauchen texanus x Uncompahgre fritillary butterfly, Boloria acrocnema x Boreal toad. Bufo boreas boreas X There is no suitable habitat for any ofthese species at the site. Analysis of lmpacts The project site is within the hunting range ofthe bald eagle. The boreal toad can be found in the Gore Creek drainage running through the Vail Golf Course, upstream from the proposed project. The project is not expected to impact any of these species, as the site does not contain suitable habitat for any ofthe species listed in Table 4. I .J l Vail Water and Wastewater Facilities Environmental Impact Report Page 2l 3.4.3 Stream Ecosystem and Riparian Habitat Existing Conditions Water quality throughout the Gore Creek drainage is generally high, although there is sorne degradation from nonpoint sources ofpollution including runofffrom I-70 and urbanized areas. In the vicinity of the proposed project, the stream has been channelized to accommodate the Forest Road Bridge to the east, buildings and parking lot to the north, and the bike path to the south (Fig. 3). The bike path bridge crosses the stream at the site of the existing WWTP. The stream has a very steep, sloped bank and riprap shoreline with sparse willows. There is a gas station located immediately north of Gore Creek to the west of the proposed project. A drop structure and purnp station for Vail snowmaking is located across froln the proposed project on the southern bank of Gore Creek. The lower reach of Gore Creek, extending from Forest Road Bridge downstream approximately 4 miles to the Eagle River, has been designated as a Gold Medal Fishery by Colorado Division of Wildlife (DOWI. DOW classifies those streams with at least 40 pounds of trout and 12 fish over 14 inches in length per surface acre as Gold Medal trout streams. A 2000 fish survey by the DOW found 45 trout over 14 inches per acre in Gore Creek just below the WWTP and 73 trout over 14 inches per acre in the reach immediately above the Eagle River confluence (Colorado Division of Wildlife, 2000). This section of Gore Creek has a good distribution of pool and riffle habitat with cover for fish provided by large boulders and overhanging shoreline vegetation. The Gold Medal reach of Gore Creek provides opportunities to catch large ftout and is an important recreational resource for the Town of Vail and Eagle County. The Vail WWTP discharges directly into Gore Creek just above the confluence of Red Sandstone Creek. Plant effluent complies with all discharge regulations and provides an important source of nutrients in the Gold Medal reach. At one time copper in effluent waters, originating in one of the District's source wells and from corrosion of pipes, was a concem. Fish are very sensitive to dissolved copper at low concentrations and the wastewater treatment plant does not remove copper. The impact on human health was not an issue because concentrations were well below drinking water standards. The District addressed the elevated copper concentrations by adding corrosion inhibitors and a sequestering agent to Vail's drinking water and by minimizing the use of the one well known to be a source of copper. These methods have proven effective in maintaining coppei Condentrationd *ithin waSte load limiti an0 below aquatic life standards and would not change under the proposed project. Analysis of lmpacts During the construction phase of the proposed project, best management practices would be used for soil stabilization, erosion prevention, and protection ofthe riparian area adjacent to the construction site (see "Hydrologic Conditions" and "Geologic Conditions" above). I,i :i:i:J ,i .J I Vail Water and Wastewater Facilities Environmental Impact Report Page22 Post-construction erosion control BMP's would be implernented to prevent sand and other debris from the parking areas and driveways from entering the creek. These improvements would be beneficial to the water quality in Gore Creek and would reduce the risk of contamination entering the creek frorn the project site. Use of the Dowd Junction intake as a source of raw water would enhance Gore Creek streamflows due to wells in East Vail being operated less frequently. 3.5 Other Environmental Conditions (12-12-4 A 5) 3.5.1 PetroleumContamination Existing Conditions The site ofthe proposed project is adjacent to a gasoline retail and autornotive repair garage. An environmental assessment (Dofy and Associates, 2002) of the parcel on which the proposed facility expansion would occur found that there was evidence of subsurface petroleum contamination. This contamination is believed to have originated from the gasoline and automotive station. Extensive remediation efforts have been made, including a soil vapor extraction/air sparge system that operates on a portion ofthe site adjacent to the westem boundary of the proposed project. Remediation efforts have effectively reduced groundwater concentrations of standard gasoline compounds (benzene, toluene, ethybenzene and total xylenes). Benzene remains detectable in one well on the project site at a concentration of 0.97 pglL, which is significantly less than the Colorado groundwater standard of 5.0 pgll. (Dory and Associates, 2002). The environmental report suggests that there may be residual soil contamination on the property, at depths of 10 to l8 feet below the existing ground. Chevron (which owned the adjacent gasoline retail facility until 1989) began a groundwater study in May of 2003 to further characterize and monitor possible contaminants. Analysis of lmpacts On the proposed project site, soil samples will be collected during the demolition of the Old Town Shops building to determine if residual soil contamination exists. In the event that the results of these tests determine remedial action is necessary, the District will comply with all federal, state and local regulations regarding soil removal and disposal, and dewatering during construction. Vail Water and Wastewater Facilities Environmenial Impact Report Page23 3.6 VisualConditions (12-124 A6) Existing Conditions The site ofthe proposed facilify expansion is currently occupied by the abandoned and rundown Old Town Shops building and is used for parking. Under existing conditions, the building and the site have not been maintained and the visual appearance of the site is degraded (Fig. 2) and not consistent with the surrounding area, As shown in Figures 3 and 4, there is no barrier along the edge of the parking area above Gore Creek. Gravel and debris from the parking area has accumulated on the embankment above Gore Creek and prevented the establishment of adequate vegetation to prevent erosion. This area is quite degraded from the more natural appearance of Gore Creek in many other areas and is highly visible from the bike path. Analysis of lmpacts Under the proposed project rrisual conditions of the site would be greatly improved. The Old Town Shops building will be removed and replaced by a new building and landscaping that meet the requirements of the Vail Design Review Board and Town of 3.7 Land Use Conditions (12-124 A7) Existing Conditions The District's current facility is zoned General Use. The Old Town Shops parcel is zoned Lionshead Mixed Use 2 and Outdoor Recreation. Sunounding areas have recreational, mixed cornmercial and industrial uses. The bike trail crosses and runs along the southern bank of Gore Creek in the vicinity of the WWTP. The Vail Shop Yard is located across the South Frontage Road and a gas station and an auto repair garage is to the west. Town of Vail oDen space is located on both sides of Gore Creek to the east of Forest Road. Analysis of lmpacts Under the proposed project there would be no changes in land uses to the site and surrounding areas. The District proposes to rezone all ofthe proposed project parcels to General Use. 3.8 Circufation and Transportation Conditions (12-124 A8l Existing Conditions Currently the District's facility houses their administrative offrces and the Vail wastewater plant and accommodates 29 employees. Administrative offices are accessed 'I I i Vail Water and Wastewater Facilities Environmental Impact Report Page 24 from Forest Road. Deliveries and operational staff access the faciliry via the South Frontage Road. Analysis of lmpacts The District's administrative offices would continue to be accessed from Forest Road. The South Frontage Road entrance would be improved to provide access to the new building and rooftop parking. Deliveries would continue to be via South Frontage Road. The District does not anticipate an increased frequency ofdeliveries ofsuppiies, though quantities may increase. During construction there would be an increase in traffic due to construction vehicles and crews at the site. The District anticipates hiring one additional DWT operations staff member under the proposed project, which would result in a minimal increase in site trafhc. 3.9 Populations Characteristics (12-124 A 9) Existing Conditions There are no residential units at or adjacent to the site ofthe proposed project. Analysis of lmpacts No changes in the population characteristics of the site or surrounding areas are anticipated under the proposed project. 4 Summory (1 2-12-4 B) 4.1 Unavoidable Adverse Effects The potential adverse effects of the proposed project would be temporary construction impacts and associated nuisance factors. Adverse constnrction related effects would include increased traffic, dust, noise, vehicle emissions and sedirnentation from storm events. 4.2 Proposed Mitigation Measures Best managernent practices would be utilized to minirnize adverse impacts during construction. BMPs would be designed to: reduce noise and traffic, minimize dust, attenuate stormwater runoff, capture sediment, provide a buffer zone between the construction site and Gore Creek. terrporarily stabilize soils during construction, and revegetate and permanently stabilize soils post-construction. l Ii1 Vail Water and Wastewater Facilities Environmental Impact Report Page 25 The rnain access for construction traffic to the site would be from South Frontage Road. This will require an access permit from the Colorado Deparhnent of Transportation (CDOT). CDOT will require that the contractor develop a traffic management plan to insure safely and to minimize delays and inconvenience to local traffic. In addition the hours of construction may be limited by the Town of Vail to limit noise and construction traffic. 4.3 PossibleAlternatives The proposed site location was selected for a variety of reasons. The District's Vail wastewater collection system has been designed and built around their current WWTP facility. The cost and technical complications that would be associated with developing a second WWTP on a different site would be prohibitive. There are very few available building sites in the Town of Vail and the disused Old Town Shops parcel was available and is conveniently adjacent to the District's WWTP. The proposed DWF would take advantage of existing infrastrucfure associated with the Dowd Junction snowmaking intake and pipeline to convey water to the project site. An analysis of alternative drinking water treatment technologies was completed by Brown and Caldwell (Brown and Caldwell, 2003). Iron and manganese concentrations, contact time requirements and turbidity, as well as site constraints, were the primary factors that were used in evaluating altematives. The Actiflocry treatment process and ultraviolet disinfection and on-site sodium hypochlorite generation were selected. Alternative processes that were evaluated are presented in Table 6. Table 6: Alternative Treatment and Disinfection Processes for the Vail DWF (Brown and Caldwell, 2003) Potential Dtinking Water Treatment Processes Conventional Tte21nsn1-Qs2vlw Filration Conventional Treatment-Pres sure F.iltration ConventionalTlg2tmgnl-f,qntactClarificatio.r (..g.,ACTIFLOC1}9 ConventiondTreatment-AdsorptiveClarification (e.g.,TRIDENTrj Slow Sand Filtration Membrane Filuation Potential Drinking Water Disinfection Processes Gaseous Chlorine Bulk Sodium Hvoochlorite On-site Sodium Hroochloritc Ch.lorine Dioxide Ozonation Ultraviolet Disinfection i:' ) Vail Water and Wastewater Facilities Environrnental Impact Report Page26 4.4 Short and Long Term Uses of the Environment Construction activities would result in the short term iurpacts and nuisance factors described under "Unavoidable Adverse Effects" above. The result would be an improved water supply and wastewater faciiity that would be operated in a manner that enhances and protects instream flows through the Town of Vail and the Gold Medal reach of Gore Creek, providing a long tenn benefit to the aquatic environment. In addition, the proposed project would increase the reliability and flexibility of the water supply and wastewater systems that serve the Town of Vail. 4.5 lrreversibleEnvironmentalChanges Irreversible environmental changes at the project site and in surrounding areas have already occurred. As described in this report, the proposed project would result in improvements at the site and to WWTP and DWF operations, providing a benefit to the Town of Vail and to Gore Creek. 4.6 Growth lnducing lmpacts The District's Vail facilify upgrade and expansion has been proposed in response to planned growth in the Town of Vail. The project is designed to address increases in demand for water and wastewater services that will be generated by the planned Lionshead redevelopment and other proposed projects. This development will include a five-star luxury hotel, a convention center, riverfront tormhomes and rnore than 400 additional "hot beds", 50,000 square feet ofretail space, and a small nutnber ofsingle family home sites (Town of Vail, 2003). The proposed project is in response to growth and would not be growth inducing. 5 References Brown and Caldwell, 2003. Vail Drinking Water Faciliry Engineering Evaluation. Prepared for the Eagle River Water and Sanitation District. Colorado Department of Public Health and Environment, 2002.Water Qualiry Control Commission, Regulation No. 31, The Basic Standards and Methodologies for Surface Water (5 CCR 1002-31). Doty and Associates, 2002. Phase I Environmental Assessment Old Town Shop, 890 South Frontage Road, Vail, Colorado. Prepared for the Eagle River Water and Sanitation District. Colorado Division of Wildiife, 2000. Gore Creek Fish Survey Data. Provided by Bill Andree :l 't ] ,l.);IL-t rj .l Vail Water and Wastewater Facilities Environmental Impact Report Page 27 HP Geotech, 2003. Comments Regarding Existing Steep Slope and Retaining Wall Conditions, Proposed Addition to Wastewater Treatment Plant, South Frontage Road, Vail, Colorado. Glenwood Springs, Colorado. National Resource Conservation Service, 2002. National STATSGO Database, httn ://www.ftw.nrcs.usda. sov/stat_data.html. Town of Vail ,2003. Lionshead RedevelopmentWebsite http ://ci.vail.co.us/subnage.asp?page_id:23 3 U.S. Environmental Protection Agency, 2003. Green Book Currently Designated Nonattainment Areas for All Criteria Pollutants, http://www.epa. gov/oar/oaqps/greenbk/anc13.html. U.S. Fish and Wildlife Service, 2003. Federally Listed and Candidate Species and Their Status in Colorado. Ecological Services, Colorado Field Office. U.S. Geological Survey, 2002. Water Resources Data Colorado Water Year, 2002, USGS Water-Data Report CO-02-2, National Technical Information Service, Springfield, Virginia. Vail Resorts, lnc., 1986. Preliminary Surficial Geologic Mapping and Slope Stability Studv of the Vail Ski Area. APPENDIX A SITE PLAN DEMARCATING EXISTING FACILITY FOOTPRINT AND THE PROPOSED E)GANSION rl ,-.J I SCIL€ N FEET IGINERAL IiOTES: Il-- T.llS PL r' lS PRE!|M|N^FY, DETALID GRADTNG Sl.r r.rrOS I PgE Oln ]}C SoUTH S|OE Or TIE PFO6OSED p"rnrr Eip,rnSOt{N,E4 As oftEn Afir^s. maNacE tsst Es AroNG u9 r{cHtatlHA\€ Nol EEErr aCCRESSED_ Iz IUERE ARE yANy ro!!N coDE rssuEs Nor yEt monesseo LTrrs_PLAri, SUC8 rs WAIEQ ouAulv (stoRM w^ftn} fJ qrs e!4,! REOUTqES 4N ^CCESs f,ERMI TO-LS;icHw^r 6]+ P*OPOSED lJt JT|€S NLLD rO A! A0D\.-SSE0. II Y-.--.I e I l,l. .".\ :i li \ l, i' E E RAw fl^lEe VAULT -o BE LocrIED Ne4R aRtOCE6. IH'S PLAN RTERESEMTS ' D'fuV AS USID EY EACLIlfalEt A'.lD sArlrlaTrclt crsTRtaT. tlE cAl.lr; t,,sso -.y !,,<G ASS(trTATES rG IllE UO.iSHEAD REO!\€LOFgETT PRO"€CT ts HIGHEF I}IAN AL IHE GRAO€s sHOVft HEREIN- l}ForJGd ',lHE Rto,T Ca way (Fovil 0. us rt6,twAw 6. tT ItriF,JT,j+"TigEIiG ^ND FeoeasED prr\T aFE I 8. D€PENOlltc 0t{ ?oNtNc (cor.NEFoAL |NDUSIRTAL?) T|€REA AUIIDINC SEIEACX OF AT LEAST 20' 'RO|r l|IE FROITAGE9. cfiaonic rs s8o*t d{ T € AoJACENT pRopERTy oF ,Iii€ !ri.'!, i L. ':. FIS$ir.**". rs REQTJTR@ To GR^DE o{ ^Nyo{lE t?or:. sc.rE,ceJTP PHA€€ 1 slTE *,ipRcyEAtEN] S CIVIL SITE PLAN DEN\ZER, CC)LORADO SUBMTNED ------E=ETffii-- APPFOVED -------EffiiEne6Eii- APPENDIX B ACTIFLOCT" pROPOSEO DRINKING WATER TREATMENT SYSTEM BROCHURE l .J INTRODUCI NG ACT IF I, OC", THE EFFECTIVELY TREATS TU RB ID ITY NEW PRE-ENGINEERED PLANT THAT SPTKES UP TO 3000 NT U. :l'j .:l ) -l 'I !j r1 j.) I A SIMPLE SYSTEM FOR DIFFICULT WATERS The pre-engineered Actifloc system consistently delivers high-qualiry drinking water. The plant is designed to rreat surface water with high color, high TOC or high turbidiry - up ro 1,000 NTU, with spikes up to 3,000 NTU. Engineered for agiliry, the sysrem offers quick chemical opdmization and irutantaneous srart-up and shut-down. It is especially suited for rhe follo*'ing applications:. Highly turbid water. High color and/or high TOC High algae levels Cold water Flashv waters wirh rapidly fluctuaring raw !\'ater sources Facilities with space restrictions that demand a small footprint Plants that frequenrly start up and shut down, requiring quick oprimization to reach steady-state Desron flow is lor o two tonk system. Beirg modr.rlor ollows m,,rlti-ple ronk designs ond eosy'future expons,on. AN INNOVATIVE COMBINATION OF TECHNOLOGIES HIGH PERFORMANCE THAT'S HIGHI.Y The Accifloc [eatment process combines the Actifloo clarification process and rhe Microfloc Mixed Media filter, which is supported by the new SCUBA- block underdrain. Actiflo: A proven clarification tech- nology, the Actiflo process uses a microsand ballast that firnctions as a seed, enhancing floc formation and settling. Raw water enters the coagulation tank, where chemical coegulant and efficient mixing are used to destabilize suspended solids and colloidal matter. Polymer and microsand are added in rhe injection tank The uearment continues as the water flows to the maturation tank, where conditions are ideal for the formation of polymer "bridges" between the microsand, floc and destabilized suspended solids. The fully ballasted floc settle out rapidly in the settlins rank and are removed from the treated water. Water then passes rhrough lamellar setding rubes and onro the filrration stage. High microsand solids loading stabilizes the process when the flow rate, turbidiry or temperarure fluctuares rapidly. Detention dme is very short and the response to changes in chemical dosage is very rapid (i0-15 minutes), allowing the process to reach a steady operational srare in less than 30 minutes. Mixed Medic Developed by Microfloc, Mixed Media filtration is extremely effective on tough-to-treat waters. Even under extreme spike loading, the combination of Mixed Media filtration and Actiflo darificadon allows the Actifloc system to resist break through by Cryptosporidium and Giardia Lamblia and provides a consistent high qualiry effluent. The Actifloc plant offers a stable system with a compact footprint and reduced chemical t'rr., .I.ypi.r.i overflow rates as high as 30 gpm/ftz allow system footprints to be much smaller than convendona.l systems of similar capaciry. The intense mixine and microsand contact reduce the use of chemicals, allowing significant (typically 20-50o/o) chemical savings compared to other clarification processes. Actifloc is available in modular tank designs with capacides of 0.25, 0.5, 1 and 2MGD. EFFICIENT OTHER WATER TREATMENT PRODUCTS If iti in thc uatcl, our cnginccrcd proccsses and cgripmcnt czn tahc it out, economieally and depcndably Our comprehcnsiuc Enc includts solutiont to simph and mmphx water tredtment and conditioning nccdt, all ba&cd by worhing instalktions and ycars of experfunce. Our kne includes: :l ft I ,l I ! I Adsorprion Clarifierso I CONTMFLOU solids contacr clarificrs f SPIRACONE sludge blankct clarifiers I Sludgc Suckcr" sludgc removal systcm I Sludge thickcners I Vcrtica-l and horizontal prcssurc fikers I Aerators f AIRAJ-AIERo packaged rrearment I MicrofloC Tiidenf packagcd warcr tteatmcnt USFilter products and proccsses for water and westewater trcatmenr arc prorcctcd by patents issucd and pending in rhc Unitcd Srarcs and othcr countries. I Actifloc" pre-engincered warcr plant I MULTTWASHc Filtradon Proccss I Graviry filrrarion cquipmcnt f MULTICRETE- Il monolithic under- drain system I SCUBA- block underdrain rystem f ESSD" 6ltcr washtroughs and laundcr systems I Mcmcor' CMF 11I !i L-t To find out more about how to pur USFilter to work for you, contact us at Memco6 Microfloc, and Gencral Filter Products 600 Arasmirh Trail Ames, lA 50010 515.232.4121 pbonc 515.232.257 | fax 441 Main Srcct PO. Box 36 Sturbridge, MA 01566 508.347.7344 phonc 508.347.7049 f$ 2l l8 Greenspring Drive Second Floor Timonium, MD 21093 l.800.MEMCOR4 2laza 410.561.3017 fax For more information, visit our web site at uuru,uatcr.usfiltfi.com @ 2000 USFiltcr "VIVINDIwaterc".P""y ;.J ;J ', J .l Wrtical Prcssrc Fibat Sncl Gravity Filtcr CaTTROL' Filtation Syncm Microlhf Tlidtnt' systcm MF-AF.BR-0600 APPENDIX C COLORADO WATER QUALITY CONTROL DTVISION LETTER APPROVIING THE CO.LOCATION OF VAIL WWTP AND DWF STATE OF COLORADO *!u-lr.ltortc!at!n8 ul baprcn'g *z tdth aA qn r,tnorl4d,.4c {tduala E'i[ O'rcns, Gormcr Dar5hs E. Btr,<vrato, Eeuiivt Dirtcm; GznJ Jrrnctjco Rrgional O6cc 'tr't a 4nC. ?n"lt Gra.sd jtDqitqo CO 8!i01-?768 F+r (970) 24€.719t Lt V : /f,t +'w, c lp hc- sze co.ts 't I .J 'I I:l CobriSo DcplrtrAl' o(Publlc lk:lrb itd Er,\irssrsor It{arch 6,2003 Pm..:r and Caldwdl Atto.: lvlr, Davicl N[yers 1697 Cole Blvd., Suitc 200 Goide!. CO 80401 F,cl Suilitiag Comtructior/I-ocatiou lor Futurc Vail W;rtcr Trca{ment PIa:r! PWSiD# 11.9802, Eaglc CountY DeartrIr. Myers: T!: proposal to losate c aew drinhlg w-ater teatrnclt plaut a,lj:jcLTrt to tle ctisting uastnvater treauDsnt platrt iu thil *zs recsjrcd in a lettcr da'tcd Janual'29, 2003. Thjs issuc $as also discttsscd a: a meeDng ou Jaouar/ 3, 200i in Dcalcr. This is a r:nique siluatiol brn ir, -vow proposal -vou bar'e addressed our rn"ny conccfiE, h addltio4 t:is new pl'aet is oae of nany tlar s€rve the rommuity eud sbo"uid a problem ,z.rise, the plaat could tE ilolsled \rhile continuing to p(ovide s{fl'jce. thc proposcd io*rtion fcn the new'watcr treaturat plelr is acccp;aLle to tlc Divisioa Fodded rbe nine bulieted roiri-cation steps presenteil in your lettcr erc implc.-mcrrtsd. It is o'.u r:rdcrsunding ilrat ai 'this tirne, only thc trcalmeot building Ls to be consurrrted. Thc Dir.isioa bas no pctnit or epprowl rcquiremvals fsr ths buildilg constuctiou- A conpiete submiiral, rcview aDd approval process for tbe driakirrg watcr ttaiment plal:t. will bc rcquircd whro you get to this stage- If you have any filllrer quesqons picasc colast Di at 1970) U8-714- Sincercly, Z%-a1 4 ZJ-*-'r/ MarkA- Kgdou"h P.!. Drirking Water Enginccr Technicel. Serr"ic.rs Unir Watcr Qulity Conuol Division CC: Bob Trucblood, 5RT/SD, $16 ForcstRd., Vail, CO t1657 Steve Wilso4 ERVr'SD, 846 Forest Rd-, Vail, CO 81657 Tom Scbaffcr, P-E., Tectrnical Srn'ices Unit, \\QCD Qlenn Bodlur, P.E., Tecbnical Scruices Uni; WQCD fim Ctrubrillo, P.E, D,lj,, 'I'eci:.rical Selvicco Unit,lltQCD Tca Bcnactt, Tccinical Sen'ices Ulir, WQCD APPENDIX D POSSIBLE STRUCTIIRAL AND NON-STRUCTI.]RAL EROSiON AND SEDT\4ENT CONTROL PRACTICES :l ) I Appendix D: Possibte Structural and Non-Structural Erosion and Sediment Control Practices Structural Erosion and Sediment Control Practices Drainage Swale Shallow, excavated channel to intercept and divert overland flow. Ten'tporary measure which may be lined or unlined. May divert upslope water away from site and/or capture and divert downstream runoff from the site to a sediment traD. Interceptor Dike Temporary ridge of compacted soil used to intercept and divert overland flow. Used rn conjunction with Drainage swales. Perimeter of site (fuIl or parlial). Temporary Storm Drain Diversion Temporary pipe, which routes an existing drain to a new location to accommodate construction activities. Existing storm drain is in disturbed area. Pipe Slope Drain Temporary pipe to transfer runoff through and unstable area. Used in conjunction with controls listed above. Unstable slopes where it is difficult to divert runoff around disturbed area. Surface Drains Buried perforated pipe(s) used to intercept groundwater and dewater saturated soils subject to slippage or where saturated soils may prevent the growth of certain types of vegetatron. Used as both temporary and Dernanent control measures. Excessively wet sloping soils. High water table areas. Unsuitable for shallow soils or under traveled areas. Silt Fence Temporary fence of filter fabric, with lower edge buried. Conff ols sediment transport, reduces speed of runoff and captures u'indbl o"r,n sediment and debris. Bottom or mid-slope locations. . ::,.r_; : ']'] ' .', 1 Gravel or Stone Filter BermTemporary ridge of loose gravel, stone or crushed rock to slow and fiiter runoff flows within exposed traffic areas. Gentle slopes where roads and other rights of way under construction must accommodate traffic or at traffic areas within the construction site. Shaw Bale Barriers Temporary hay or shaw bales staked down and partially bedded in native soil. Used to slow and filter direct runoff. Downslope and sideslope of disturbed areas. Within drainage swales or small drainageways. Sediment Trap Temporary earthen embankment across low area or drainage swale, with or without a small excavated basin upstream, with an uncontolled outlet or spillway constructed of large stones or aggregate. Used to slow the release of runoff aliowing most of silt to settle. Used in conjunction with and at the lower end of other control measures, such as dikes, swales, slope drains, construction entrances, and vehicle wash areas. Sediment Basis Settling pond with a controlled stormwater release sfucture. Used to collect and store runoff from conshuction activities so that the majority of sediment settles out. Used as both a temporary and Dermanent control measure. Generally used for disturbed area greater than 5 acres in size in conjunction with other controi measures. Topography dependent. Not for use in active streams. Outlet Protection Stone, riprap, concrete, or paved aprons below storm drain outlets used to reduce .the speed of concentrated storm water flows, thereby reducing erosion and scour. Used as both temporary and permanent control measures Directly below pipe, interceptor dike, swale, or channel section outlets and above the receivins channel. Check Dams Sma1l temporary dams of rock, sandbags, or logs, similar to sediment kaps but of more permanent construction. Used Steeply sloped swales or small open channels. Other locations where it is not nossible to divert the flow or -t I I Where Utilized . to lower the speed of concentrated flows to reduce downsteam erosion and allow sediments to settle out. Used as both temporary and Derrnanent control measure, otherwise stabilize the channel. Surface Roughening Grooves, depressions, or steps that run parallel to the contours of the land. Used to reduce the speed of overland runoff, increase infi ltration, and trap sediment. Used as both temporary and permanent control measure. All disturbed slopes, immediately aft er grading activities have ceased. Specific method (grooves, steps, etc.) depends on siope, mowing requirements, and available equipment. Gradient Terraces and Cross- slope Water Bars Permanent earth embankments or ridges and channels consfucted along the face ofa slope at regular intervals. Used to reduce erosion damage and to direct runoff to a stable outlet. Long, steep slopes subject to erosion problems. Not suitabie for rocky or sandy soils. Clear Water Bypass Temporary pipeline used to convey water through disturbed site during construction. Stream Crossings French Drains.Permanent underground piping to dry out saturated soils. Wet Areas Non-Structural Erosion and Sediment Control Practices I,'1 ,:' Temporary Seeding Seeding of disturbed areas with a uniform fast growing grass mixture such as rye grass to minimize erosion during conskuction delays. Disturbed areas awaiting further construction or permanent revegetation. Spoil piles if removal or reuse will be delayed. Topsoil stock piles. Permanent Seeding and Planting Revegetation seeding and / or planting and fertilization if disturbed areas with a designed mixture of native plant species to provide long- term, permanent soil stabilization after all construction activities have been comoleted. A11 disturbed areas. Mulching Placement of grass, hay, woodchips, bark, skaw or gravei over bare or reseeded soil surfaces to reduce the speed of storm water runoff, hold seed, fertilizers, and topsoil in place, and protect newly seeded areas from extreme temDeratures. Disturbed areas exceeding 4:1 slope. Disturbed areas exposed to windy moisture, or hot and dry conditions. Mulch on slopes exceeding 2:1 may require a binder, netting, or tackifier to hold it in place. Geotextiles Porous woven fabrics of synthefic (plastic, glass) or biodegradable (jute, wood fiber, cotton) material. Used as matting to stabilize flows in channels and swales, and to protect seedlings on planted slopes. Used as netting mateial to hold mulch in place on seeded areas. Any disturbed area where permanent stabilization via revegetation is desired. Channels and swales where revegetation is difficult or not exoected to be successfui. Chemical Stabilization Soil binders of vinyl, rubber or asphalt sprayed on *re soil surface to hold the soil in p1ace. Alternative to temporary seeding where ternporary seeding is ineffective due to season or climate. Sod Stabilization Placement of sod to provide immediate stabil ization or to provide areas where storm water can infltrate to the sround. Any disturbed area that might erode and where long lived plant cover is needed immediately. Examples include bugger zones, steam banks, dikes, swales, outlets, and filter strips. Buffer Zones Vegetative strips either newly planted or left undisturbed during construction. Used to decrease the overland velocity of storm water runoff. Any site that can support vegetation. Particularly suitable next to wetlands, along stream banks and on steep, unstable slopes. Preservation of Natural Vesetation Existing trees, brush, vines, and grasses that provide natural, permanent buffer zones and long-term stabilization. Any site. Particularly benefi cial for fl oodpiains, wetlands, steam banks, steep slopes, and any area where erosion controls would be diffrcult to establish. install or maintain. Stream Bank Stabilization Placement of permanent riprap, gabions, concrete, log cribbing or asphalt to prevent stream bank erosion from high storm water runoff volumes and flow rates. Stoeambanks subject to heavy erosion from increased flows or disturbance during construction, or where vegetative stabilization is not practical. j ., .J .i .l Attachment: G THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Gommission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on, October 27,2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2d Filing. Applicant: David Inarin Planner: Matt Gennett A request foi a sign variance pursuant to Section 114t,-20, Window Signs, and Section 114A- 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1't Filing. Applicant A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-GH-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block2, Vail Potato Patch 1't Filing. Applicanl Nextel, represented by Glen Klocke Planner: WarrenCampbell A request for a conditional use permit, pursuant to Section 12-gC-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 North Frontage Road (Red Sandstone Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 'tsr Filing. Applicant AT&T Wireless Services, Inc. Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13u Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WesUUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel \q\0rg\ .\c) {.)/' A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Cooe, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow for the ski lifts, tows, ano runs located at 615 West Forest RoadiUnplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone L lot 31 and Tracts C & D, Vail Village 2no Filing from Outdoor Recreation (OR) and Lionshead -ffi.SNlixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a $9l3bnditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow' for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracts C & D, Vail Village 2no Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, lnc.Planner: Bill Gibson The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing lmpaired, for additional information. This notice published in the Vail Dailv on October 10. 2003. Vail Resorts Snowcat Access Adjacent Property Owners List September 2003 'l iowN oF vArL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 l ADAM,NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE. CO 80124 l SMITH, ruSTINE H. 43 SOUTH SHORE CT HILTON HEAD ISLAND. SC 29928 l G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 l VAIL CORP PO BOX 7 VAIL, CO 81658 l WESTHAVENREALTY LLC 1127 LAKE AVE GREENWICH, CT 0683I l GLEN LYON OFFICE BUILDiNG C/O ANDREWD. NORzuS 1OOO S FRONTAGE RD W STE 2OO VAIL, CO 81657 l U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 24747 U. S. HIGHWAY 24 MINTLIRN, CO 81645 I 'f^\-.\) \S' I Eagle River Water and Sanitation District Adjacent Property Owners List September 2003 l. TOWNOFVAIL 75 SOUTHFRONTAGEROAD vArL, co 81657 l. ADAM,NA}.ICYSHAPIRO 49758 PRESERVE GREENWOOD VILLAGE, CO 80124 l. SMITI{, ruSTINE H. 43 SOUfi{ SHORE CT HILTON HEAD ISLAND, SC 29928 l. G. LOVEN.LLC 934 S FRONTAGERD VAIL, CO 81657 l. VAILCORP PO BOX 7 VAIL, CO 81658 l Chicago Titlc Insurance Conltany ALTA COMMITMENT Schcdulc A Our Ordcr No. VC50001019 Cust. Ref.: Pr operty Address: PORTION BELOW GORE CREEK 1. Effective Datc: May 07, 2003 al 5:00 P'M. 2. Policy to be Issued, and Proposed Insured: Inforrlation Binder Ploposed Insured: THb TOWN OF VAIL, A COLOMDO MUN]CIPAL CORPORATION 3. The estate or inlerest in the land describcd or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest cover cd hcrein is at the effective date hereof vestod in: THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION 5. The land referred to in this Commitment is dcscribed as follows: SEE ATTACHED PAGE(S) FOR LEGAL DI]SCRIPTION Our Order No. VC50001019 IIGALMCRPT]CN AN UIiI'LATTED PARCEL OiJ LAI{D LYIN"G WITI]]N TI.IE NORTIIWEST Ii4, NORTI]WEST 1/1' SITC]ION 7, TOWNSI']IP 5 SOUTH, RANGE 80 WEST OII T]]E 6TH PRINCIPAL N4ERIDIAN, TOWN OF V,{IL, COUNTY OF EACLE, STATE OF COLORADO, SAID UNPLATTED PARCEL BEING MORE },AiTT]CLJ]-A]t]-Y DESCRIBEI] AS FOLLOWS: ]JEGINNITIG AT TIIE SOUTHWEST CORNE]t OF SAID NORTIIWEST 1i4, NORTHWEST 1/4, SECTION 7; TIIENCE NORTII 89 DEGREES 45 I\,4INUTES 35 SECOr''\DS EAST 351.98 FEET, ALONG TIIE SOUTII L]NE OF SAID NORTHWEST I/4, NORTIIWDST I/4, SECTION 7 TO THE SOUTI]WEST CORNER OF VA]L VILLAGE SIXT}] FILING, A SUBDI\4SION, THE PLAT OF WI]ICH IS FILED UNDER IIECLPTION NUMBER 99380 OF Tl{E EAGLE COU|!-TY, COLORADO, CLERK AND ITECORDER'S RECORDS; TIIENCE TI'IE FOI-LOWING TIjREE COURSES ALONG THE WEST BOUNDARY LINE OF SAID VAIL VILLAGE SIXTII FILING: (l) NORTH 2 DEGREES 00 MINUTES 00 SECONDS EAST 434.82 FEET; (2) NORTH 73 ]]EGREES 12 }VIINUTES 3i SECONDS EAST 66.24 FEET. TO A POiNT ON- THE WEST RIGHT oF WAY LiNE OF FOREST ROAD: (3) NORTH 16 DEGREES 17 MINUTES 23 SECO^*DS WEST 192.72 FEET, ALONG THE WEST RIGHT OF WAY LINE OF FOREST ROAD TO A PO]NT ON THE SOUTH BOUNDARY LINE OF VAIL VILLAGE SECOND FIL]NG, A SUBDIVIS]ON, THE PLAT OF WHICH IS FILED UNDER RECEPTION NUI\'IBER 96928 OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS; THENCE THE FOLLOW]NG TWO COURSES ALONG THE SOUTH BOUNDARY LINE OF SAID VAIL VILLAGE SECOND FIL]NG: (I) SOUTH 73 DEGREES 42 I\4INUTES 37 SECONDS WEST I45.OO FEET, ALONG THE SOUTIJ LINE OF LOT 3I, SAID VAIL \/ILLAGE SECOND FILIITI'G: (2) SOUTH 79 DEGREES 03 \,IINUTES 56 SECONDS \VEST 240.93 FEET, ALONG TI]E SOUTH LINE OF TRACT C, SAID VAIL VILLAGE SECOND FILING, TO A POINT ON THE WEST BOUNDARY L]NE OF SAID NORTHWEST 1/4. NORTHWEST 1/4, SECTION 7: THENCE SOUTH O DEGREES 06 MINUTES 06 SECONDS \\IEST 553.2I FEET. ALONG THE WIIST BOUNDARY LINE OF SAID NORTHWEST I/4, NORTH\ryEST I/4, SECTION 7, TO THE POINT OF BEGINN]NC, COUNTY OF EAGLE, STATE OF COLORADO. EXCEPT THAT PORTION OF SAID PROPERTY DEEDED TO THE VAIL WATER AND SANITATION DISI'RICT IN DEED RECORDED SEPTENIBER 30, 1982 IN BOOK 346 AT PAGE 615. ALTA COMMITN,IENT ScheduleB-Sectioni (Requirenenls) Our Order No' VC50001019 The following arc the rcquirenents to bs complied with: Iten (a) payment to or for thc accoulit of the grantors or nrortgagors oI the full consideralion for the estate or interest to be insured . Item (b) proper instrurnent(s) creating the eslale or interest 1o be insured tnust be executed and duly filed for record, 1o-wit: Ilem (c) paymcnl of all taxes, charges or assessments levied antl assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA CO]\4]\,{IT\4ENT ScheduieB-Seclion2 (Exceptions)Our Order No. VC50001019 1-he policy or policies to be issucd u'ill contain cxceptions to the following unless the same aIe disposcd of to thc satisfaction of thc Company: 1. Rights or claints ofparties in pr-rssession nol shorvn by the public records' 2. Eascurcnts, ot claims of cascments, not showll by tbe public rccords' 3. Discrepancics, conflicts iD boundaly lines, sirorlage in area, er)croachments, and any facts which a correct survey and inspeciion ot lhe premises would disclose and u hich are not shorvn by the public records. 4. Any licn, or right to a lien, lbr serviccs, labor or nraterial lheretoforc or hereafter furnished, inrposed by law and not shown by tlle Public records. 5. Defects, liens, encumbrances, advcrse claims or other matlers, ifany, created, first appcaring in the public records or attaching subsequent to the clfective datc hereof but prior lo the date the proposed insured acquires of record for value the eslate or intcrest or nortgage thereon covered by this Connitmenl' 6. Taxes or special assessrnents u,lrich are not shou,n as existing liens by tlre public records.o the Treasurer's office' 7 . Liens for unpaid ttater and ser','er charges, if any.. 8. In addition, the ou,ner's policy rvill be subject to tl)e NortSage, if any, noted in Section 1 of Schedule B hereof' RIGHT OF PROPR]ETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREF'ROM SIIOULD THE SA]\,{E BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RI]SERVED IN UNITED STATES PATENT RECORDED MAY 24, T904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RL,CORDED SEPTEMBER 04, 1923' iN BOOK 93 AT PACE 98. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24' I9O4' ]NBOOK48,ATPAGE5O3ANDiI]]CORDEDSEPTEN{BER04,1923,INBOOK93AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617 UTILITY EASE]\{ENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION' INC.' IN INSTRUT,IENT RECORDED NOVENIBER 19, I980, IN BOOK 313 AT PAGE 256. RESTRICTION CONTAINED IN QUIT CLAIM DL,ED RECORDED JULY 2s, 1978 IN BOOK 272 A1'I'A(;E 663 AS IIOI-LOWS: UPON T}]u EXPII]jSS CoNDll'JoN lllAT l]lE P]tOPtiRTY I]Ij USED S0LEL\, IroR GOVI.]ITNI\,II]N1'AI- ANI) PIJI}T,IC USIl PUIiPOSIiS, BUT 1I" TIIE PITOPER]'Y SIjALL EVER BE L]SIiD IIOIT O]'IILli'I'IIAN (;OVIJIINI\4[N'I'AL ANI) I'I]BL'IC USE PUITPOSI]S TIIEN THI] PAITTY OF T]IIJ FIRST PART AND I1'S SUCCESSORS AND ASSIGNS NIAY REENTI]Ii AND RDPOSSESS luli PltoPllRTY AS OI; llll'llR I;ORN'DR llsl Al-ll. 10. 11. t') ALTA COMMITMENT ScheduleB-Section2 (lixceptions) Our Order No' VC50001019 The policy or policies 1o be issued rtill contain exceptions to the following unless the same are disposed of to the satisfaction of thc Company: 13. CONVEYANCE OF EASEMENT FROM THE TOWN OF VAIL, A MUNICIPAL CORPORATION TO VAIL ASSOCIATES, INC., A COLORADO CORPORATION AS DESCRIBED IN INSTRUMENT RECORDED OCTOBER 18, 1984 IN BOOK 397 AT PAGE 402. I 4. TEMPORARY EASEN4ENT FROM THE TOWN OF VAIL TO THE VAIL WATER AND SAN]TATION DISTzuCT AS DESCRIBED IN INSTRUMENT RECORDED SEPTEMBER 15' 1982 IN BOOK 345 AT PAGE 904. Chicago Titlc Insurancc Conrpany ALTA COM]\,IITM11 NT Our Order No. VC50001020 Schcdule A Cust. Ref.: lroperty Address: TRACT I(, GLEN LYON SUB l. Effective Date: \4ay 07, 2003 al 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Infomration Bindcr Proposed Insured: THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPOMTION 3. The estale or intcrest in the land dcscribcd or r eferred 10 in this Commitm€nt and cover ed herein is: A Fee Simple 4. Title to the estate or interest covered hercin is at the effeaive date hereof vcsted in: TI.IE TOWN OF VAIL. A COLORADO MUNICIPAL CORPORATION 5. The land referrcd to in this Commitment is described as follows: TRACT K, GLEN LYON SUBDIVISION, ACCORDING TO THEAMENDED RECORDED PLATT}IEREOF, RI]CORDED JULY I8, I978 IN IJOOK 272 AT PAGE 370, COUNry OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT ScheduleB-Sectionl (Requirements) Our Order No' VC50001020 The fot)owing are the requircments to be c^mplied wiih: Itenr (a) Paynrent lo or for th€ account of the grantors or niortgagors of the full consideralion for the estate or intelest to be insured. Itern (b) Proper instrurnent(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wil: Itenr (c) Payrrient of all taxes, charges or asscssments levied and assessed against the subject premises which are due ard payable. Item (d) Additional requirenrents, if any disclosed below: TI"16 COMMITN{ENT IS FOR INFORMATTON ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 6. t. 8. ALTA CON,l\,IITMENT Sr:hcduleB-Section2 (Exceptions)Our Order No. VC50001020 The poiicy or polioics to bc issucd rvill contain ext:cptions to the Jbllowing unlcss the sanre are disposed of to the satisfaction of the Corrpanl': l. Rights or claints ol parlies in posscssion nol sltou'n by tlre public records. 2- Easemcnts, or clainrs of easenrertts, not shoivn by the public rccords. 3. Discrepancics, conlljcts in boundary lines, shortage in area, encroachnrents, and any facts \^hich a corrcct survcy and inspcction o{ lhc premises rvould disclose and u'hjch are not shorvn by the public records. 4. An1, lien, ol right to a licn, fol services, labor or lnalerial theretofore or hereafter furnished, inrposed by law and 10. not shown by the public records. Defects, Iiens, encunrbrances, adverse claims or other mallcfs, if any, created, firsl appearing in the public records or altaching subsequent to the effective dale hereof but prior to lhe dale the proposed insured acquires of record for value the estate or interest or nortgage thereon covered by this Conln)ihlent. Taxes or special assessmenrs u'hich are no( sho$,D as existing liens by the public records.o the Treasurer's office. Liens for unpaid water and seu'er charges, if any.. ln addition, the ou ner's policy will be subject ro the nortgage, if any. noted in Section I of Schedule B hereof. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE TIIEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT TI{E PREMISES AS RESERVED IN UNITED STATES PATENT RECORDtsD AUGUST I6, 1909, IN BOOK 48 AT PAGE 542. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITBD STATES AS RESERVED ]N UNITED STATES PATENT RECORDED AUGUST I6' I909. IN BOOK 48 AT PAGE 542. RESTRICTIVE COVENANTS. W]IICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OIVIIT,|ING RESTR]CTIONS, IF AIT.Y, BASED ON RACE, COLOR, REL]CION' OR NATIONAL ORlGlN, AS CONTAINED IN INSTRUiVIENT RI1CORDED APRIL 04, 1978, IN BOOK 208 AT PAGE 098 AND AS A\,IENDED IN INSTRUMENT RECORDED AUCUST 25, I987, IN BOOK 408 AT PAGE 44? THROUGI{ 472 AND AS AMENDED IN INSTRUMENT RECOIiI]ED SI]PTEMBI,R I5, I987, IN BOOI( 409 AT PAGE 8OI, AND AS AMENDED IN ]NS]'RUMI]NT RECORDEI] MAY Z, 1990 IN BOOK 528 AT PACE I54 I]AST\4IJNTS, III']SERVATIONS AND IiLS'IITICTIONS AS SIiOWN OR RESEITVED ON TI]E A\'lIiNl)liD ltliCOlil)DD PLAT OF Gt.lrN 1,\'ON SUBDIVISION lI. 12. ALTA COMN{ITMENT SchedulcB-SectionZ (Exceptions)Our Order No' VC5000i020 Thepolicyorpoliciestobeissuedui]lcontainexceptionstothefollowingun]cssthesamearedisposed of to thc satisfaction of the Company: 13.RIGIIToFwAYEASEMENTASGRANTEDToHoLYCROSSELECTRICASSOCIATION'INC' IN INSTRUMENT NECONOEN APRIL 24, 19?B IN BOOK 269 AT PAGEZTT ' 14.R]GI{ToFwAYEASEMENTASGRANTEDToHoLYcRoSSELECTRICASSOCIATIONINc.IN INSTRUMENT NECOTTONN SEPTET,IBER 20, 1983 IN BOOK 368 AT PAGE 780. 15. EASEMENT AS GRANTED TO VAIL ASSOCIATES' INC' A COLORADO CORPORATION IN INSTRUMENT RECOR'Ei' OCTOBER T8, T984 IN BOOK 397 AT PAGE 401' 16'EASEMENTASGRANTEDToHOLYCROSSELECTRICASSOCIATION,INC.TNINSTRUMENT RECORDED AUGUST 8, 1990 IN BOOK 535 AT PAGE 326' Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50002009-4 Schedule A Cust. Ref.: Property Address: TRACT D PORTION AND PORTTON ABUTTING TRACT C NEXT TO RIVER l. Effective Date: August 20, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $5,000.00 Proposed Insured: EAGLE RIVER WATER AND SAMTATION DISTRICT, A QUASI.MUMCIPAL CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at tbe effective date hereof vested in: THE TOWN OF VAIL, A COLORADO MUNICIPAL COPJOMTION 5. The land referred to irr this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION I Our Order No. VC50002009-4 LreALD6CRnlO{ PARCEL 1: A PORTION OF TRACT D: BEGINNING AT THE NORTHWEST CORNER OF TMCT C, VAIL VILLAGE SECOND FILING, RECEPTION NO. 96928, THENCE N ?O DEGREES 33 MINUTES 28 SECONDS E,, 115.35 FEET TO A POINT ON THE NORTHERLY LINE OF TMCT D, VAIL/LIONSHEAD THIRD FILING, RECEPTION NO. 117682; THENCE S 14 DEGREES 46 MINUTES l0 SECONDS E., 6.35 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TMCT C; THENCE S 73 DEGREES 42 MINUTES 37 SECONDS W., A DISTANCE OF I15.OO FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: AN UNPLATTED PARCEL OF LAND LYII\G WITHIN THE NW Ii4, NW Ii4, SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF VA]L, COUNTY OF EAGLE, STATE OF COLORADO, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT C, VAIL VILLAGE SECOND FILING, RXCEPTION NO. 96928, THENCE ALONG THE SOUTH LINE OF SAID TRACT C N 79 DEGREES 03 MINUTES 56 SECONDS E., 149.94 FEET; THENCE ALONG THE WEST LINE OF PARCEL 3' BOOK 346, PAGE 615, S 14 DEGREES 46 MINUTES 10 SECONDS E., 48.36 FEET; THENCE DEPARTING SAID LINE S 83 DEGREES 59 MINUTES 1I SECONDS W., 160.49 FEET TO INTERSECT THE WEST LINE OF THE NORTHWEST l/4 OF SAID SECTION 7; THENCE ALONG SA]D LINE N OO DEGREES 06 MINUTES 06 SECONDS E., 35,14 FEET TO THE POINT OF BEGINMNG, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT ScheduleB-Sectionl (Requirenrents) Our Older No. VC50002009-4 The follou,ing are tlre requirements to be corl;:lied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estale or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL CORPORATION (AUTHORIZING THE PURCHASE OF THE SUBJECT PROPERTY AND THE EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES BY THE CORPORATION. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BY AN OFFICER OF TIM CORPORATION WITH THE CORPORATE SEAL AFFIXED. SAID RESOLUTION MUST BE SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED, 2. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION (AUTHORIZI}IG THE SALE OF THE SUBJECT PROPERTY AND THE EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES BY THE CORPORATION. SAID RESOLUTION IVIUST BE PROPERLY CERTIFIED BY AN OFFICER OF THE CORPORATION WITH THE CORPORATE SEAL AFFIXED. SAID RESOLUTION MUST BE SUBMITTED TO AND APPRO\T,D BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. -?. WARRANTY DEED FRO]\,I THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION TO EAGLE RIVER \ryATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL CORPORATION CONVEYING SUBJECT PROPERTY. THE CHARGE SHOWN IN SCHEDULE A FOR SA]D POL]CY WILL CHANGE. THE PREMIUM WILL BE BASED UPON THE ACTUAL POLICY AMOUNT, THE FOLLOW1NG DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY. NOTE: ITE\4S I-3 OF THE GENEML EXCEPTIONS WILL BE DELETED UPON RECEIPT OF ALTA COMMITMENT ScheduleB-Sectionl (Requ irements)Our Order No. VC50002009-4 Continued: AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENEML EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF THE TOWN OF VAIL. A COLORADO MUNICIPAL CORPORATION. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF EAGLE RIVER WATER AND SAMTATION DISTRICT, A QUASI-MUNICIPAL CORPORATION. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2OO3 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE 8.2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. **i<:*1.++**!B NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, ZflQ! ********** Pursuant to Colorado Revised Statute 30-10-421, "The county clerk ard recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office- The surcharge shall be in addition to any other lees permitted bv statute. " ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No VC50002009-4 The policy or policies to be issued u'i1l contain exceplions to the following unless the sante are disposed of to the satisfactiorr of the Company: l Rights or claims of parties in possession not shown by the public records. Z. Easernents, or claims of easements, nol shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facls which a correct survey and inspection of the premises would disclose and rvhich are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments rvhich are not shown as existing liens by the public records. 7. Liens for unpaid rvater and sewer charges, if any. 8. In addition, the owner's policy will be subject to lhe mortgage, if any, noted in Section I of Schedule B hereof. 9, RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTMCT AND REMOVE HIS ORE THEREFROM SHOULD THE SAN,IE BE FOI]ND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. I1. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELICION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED ]N INSTRUMENT RECORDED OCTOBER I5, 197I,IN BOOK 22I AT PAGE 991 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST IZ.IS77 IN BOOK 258 AT PAGE 453. 12. EASEI\IENTS, CONDIT]ONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL/LIONSHEAD TIIIRD FILINC. ALTA COMM]TMENT ScheduleB-Section2 (Exceptions)Our Order No. VC50002009-4 The policy or policies to be issued will contain exceptiolrs to the following unless tlre same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY EASEMENT RECORDED NOVEMBER 19, I98O IN BOOK 313 AT PAGE 256. T4. TERMS, CONDITIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15. 1982 IN BOOK 345 AT PAGE S04. (THE ABOVE ITEMS AFFECT PARCEL 1) 15. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE S8. 16. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE IJT.IITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923. IN BOOK 93 AT PAGE 98. 17. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION INC. IN INSTRUMENT RECORDED NOVEMBER 19, 1980, IN BOOK 313 AT PAGE 256. 18. TERMS, CONDITIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15, 1982 IN BOOK 345 AT PAGE 904. 19. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED OCTOBER 18, 1984 IN BOOK 397 AT PAGE 402. 20. ANY ADVERSE CLAIM BASED UPON THE ASSERT]ON THAT THE LOCATION OF THE GORE CREEK HAS MOVED. ffHE ABOVE ITEMS AFFECT PARCEL 2) Chicago Title lnsurance Company ALTA COMMITMENT Schedule A Property Address: A PORTION OF TRACT C. VAIL VILLAGE ZND Our Order No. VC50000485-2 Cust. Ref.: L Effective Date: April 10, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: EACLE RIVER WATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EAGLE RIWR WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC50000485-2 IEGAL DESCRIPTION ART OF TRACT C, VAIL VILLAGE, SECOND FILING, EXCEPTING THEREFROM: - uNNIllG AT THE NORTIIWEST CORIIER OF SAID TRtr{CT C; THENCE NORfi{ 73 DEGREIS 4? 'ttnnS SZ SECONDS resr eNO atONC rHf I'lOnrHfRLv LINE Op SaID tRACt C e ntSteNCn taSlO rfft; tHfNCe SOUTH ta OECRESS aO I\,ItWUtfS tO SECONOS eeSt I OtStRWCn rao:o rErr to R potNr op nvrnRsncrtot! wtrH rHn sourHrRrv Lnvr op seID tnqct ntnNcr soutll zg nncnrns os l"IINUtns so sgcoNns wril Al\lo RLol\lc rHr souTHBnty tr or sero tn qcr c e olsreNcn op tto.oo rrer ro rHn souruwrst conNEn or snn qCt C; tmNcn nOntH o DECREBS oO naWUrnS O0 SECOTDS reSr gNo ILONG tun SrEru_y LrUn Or Snn tnnCr C I OnrAtrICn Or trS.OO pp,Br rO rHB rnUp pOrNr Or SINNING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT ScheduleB-Sectiml (Rcquirements)Our Ordcr No. VC50$0485-2 'wing arc the requirements to be complicd wlth: n (a) Payrrent to or for the account of the gnntus or mortgagors of the full consideration for the estate or lcst to be insured. n (b) Proper irstrumen(s) creating the estate or irtercst to be insured must be orecuted and duly ffled for reccd, rlt: n (c) Payment of all taxes, charges or assessments leviert and assessed aginst the subject premiso which are due I palrable. n (d) Additional requirements, if arry disclosed below: [S COMMITMENT IS FOR INFORMATION ONLY, AND NO POUCY WILL BE ISSI'ED RSUANT HERETO. ALTA COMMITMENT ScheduleB-SectionZ (Exceptions)Our Order No. VC50000485-2 The policy or policies to be issued will contain exceptions to the following unless t}re sane are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records' 2. Easernents, or claims of easements, not shown by the public records' 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and aly facts which a conect survey and inspection of the premises would diiclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or otler matters, if any, created, first appearing in &e public records or attaching subsequent to the effective date hereof but prior to the dati the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment' 6. Taxes or special assessments which are not shown as edsting liens by the public records.o the Treasurer's office ' 7. Liens for unPaid water and sewer charges, if aly.. g. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof' RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PACE 98. 10.RIGHT OF WAY FOR D R CANALS CONSTRU BY AUTHORITY OF THE t@onoro sgprgN{nrR oa, tgzg, N noor ss ar PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. 11. RESTRICTTVE COVENANTS \VHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE' BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION' SEX, HA},IDICA?, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THEUNITEDSTATEScoDEoR(B)PJLATESToHANDICAPBUTDOESNoT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 09, 1963, IN BooK 174 AT PAGE 431 AND AMENDED IN INSTRUMENT RECORDED AUGUST 27,1964IN BOOK 183 AT PAGE 239. IZ. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. VC50000485-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: THE RECORDED PLAT OF VAIL VILLAGE, SECOND FILING. 13. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRUMENT RECORDED SEPTEMBER 19, 1980, IN BOOK 309 AT PAGE 648. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRI.JMENT RECORDED NOVEMBER 19, 1980, IN BOOK 3I3 AT PAGE 256. 15. TERMS, CONDMIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15, 1982 IN BOOK 345 AT PAGE 904. 16. UTILITY EASEMENT 10 FEET IN WIDTH ALONG THE WESTERLY AND SOUTHERLY LOT LINES OF SUBJECT PROPERTY AS SHOWN ON TIIE RECORDED PLAT OF VAIL VILLAGE, SECOND FILING. Chicago Title Insuralce ComPanY ALTA COMMITMENT Our Order No. VC50000484-2 Cust. Rtf.:Schedule A y Address:.OF TRACT C e Date: March 31, 2003 at 5:00 P.M. o be Issued, and Proposed Insured: ation Binder ed Insured: E RTV'ER WATER AND SANITATION DISTRICT,A QUASI-MUMCIPAL CORPORATION tate or interest in the land described or refered to in this Commitment and covered herein is: Simple I the estate or interest covered herein is at the effective date hereof vested in: -E RTVER WATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL CORPORATION nd referred to in this Commitment is described as follows: s0000476) ALTA COMMITMENT ScheduleB-Sectionl (Requiremcnb) r the rcquircmcnts to bc compllcd with: Our Order No. VC50000{84-2 ment to or fon tbe accormt of lhe grantors or mortgagors of 0re frrll consideratim for the estate or : insured. per instnrment(s) creating the estate or inter€st to be irsured must be exeorted and duly flled for record, ment of all taxes, charges or assessnenb levied and assessed against the subJect prcnises whictr are due litional requirements, if any disclosed below: MNMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSTJED T TTERETO. I I I l i. ALTA COMMITMENT ScheduleB-Section2 (Exceptions)Otr Order No. VC50000484-2 he policy or policies to be issued will contain exceptions to the following unless the same are disposed I to the satisfaction of the Company: Rights or claims of parties in possession not shown by tie public records. , Easements, or claims of easements, not shown by the public records. . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey ald inspection of the premises would disclose and which are not shown by the public records. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and nol shown by t}e public records. . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the pubiic recotds or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage tlereon covered by this Commitmenl' . Taxes or special assessments which are not shom as existfurg liens by the public records.o the Treasurer's office. . Liens for unpaid water and sewer charges, if any.. In arldition, the owner's policy will be subject to the mortgage, if any, noled in Section 1 of Schedule B hereof. RIGHT OF PROPRTETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORX THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESER\ED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, I9O4' IN BOOK 48, AT PAGE 503 AND RXCORDED SEPTEMBER 04, 1923, IN BOOK 93 AT pAcE 98 AND JULY 13, 1939 IN BOOK r23 AT PAGE 617 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FOPSEITURE OR RTVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, oR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 0s, 1e63, IN BOOK I74 AT PAGE 43I AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 27' 1964, IN BOOK 183 AT PAGE 239. IZ. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PI-AT OF VAIL VILLAGE, SECOND FILING. t0. ALTA COMMITMENT ScheduleB-SectionZ @xceptions) Our Order No' VC50000484-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. UTILITY EASEMENT AS CRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRUMENT RECORDED SEPTEMBER 19, 1980, IN BOOK 309 AT PAGE 648. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRUMENT RECORDED NOVEMBER 19, T980, IN BOOK 3I3 AT PAGE 256. 15. TERMS, CONDITIONS AND PRO'VTSIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15. 1982 IN BOOK 345 AT PAGE 904. I Chicago Titie Insurance Company ALTA C OMMITMENT Our Order No. VC50000477 Schedule A Cust. Ref.: Properg Address: SEC 7, T5S, Rs(]W Effective Date: Policy to be Issued, lnformation Binder Proposed Insured: EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple Title to the estate or interest covered herein is at the effective date hereof vested in: EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION April 04, 2003 at 5:00 P.M. and Proposed Insured: Our Order No. VC50000477 TEGAL DESCRIPT!ON AN UNPLATTED PARCEL OF LAND LYING WITHIN THE NW I/4, NW 1/4, SECTION 7' TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, SAID UNPLATTED PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 31, VAIL VILLAGE SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF, SAID POINT ALSO LYING ON THE WEST RIGHT OF WAY LINE oF FOREST ROAD; THENCE S 16 DEGREES 17 MINUTES 23 SECONDS E, 120.00 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF INTERSECTION \IV'ITH THE APPROXIMATE CENTERLINE OF GORE CREEK; THENCE ALONG SAID CENTERLINE ON THE FOLLOWING THREE COURSES: S 73 DEGREES 42 MINUTES 37 SECONDS W, 93.0 FEET; THENCE N 78 DEGREES 3? MINUTES 15 SECONDS W, 87.07 FEET; THENCE S 8l DEGREES 0l MINUTES s8 SECONDS w. 67.60 FEET TO A POINT ON THE APPROXIMATE CENTERLINE OF SAID CREEK; THENCE N 14 DEGREES 46 MINUTES 10 SECONDS W, 79.20 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF TRACT C, VAIL VILLAGE SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF: THENCE N 79 DEGREES 03 MINUTES 56 SECONDS E, 90.99 FEET ALONG THE SOUTH LINE OF SAID TMCT C TO THE SW CORNER OF SAID LOT 31;THENCE, N 73 DEGREES 42 MINUTES 37 SECONDS E, I45.OO FEET AIONG THE SOUTH LINE OF SAID LOT 31, TO A POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. NOTE: TT{E FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURX THE DIIVIENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DEzuVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. ALTA C OMMITMENT ScheduleB-Sectionl (Requirements) Ihe following are the requirements to be complied with: Our Order No. VC50000477 Item (a) Payment to or for the account of t}e grantors or mortgagors of the full consideration for the estate or interest to be insured. Itern (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. VC50000477 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession nol shown by the public records. 2. Easements, or claims of easemenls, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shom by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, crealed, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or ilterest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the pubiic records.o tie Treasurer's office 7. Liens for unpaid water and sewer charges, if any. - 8. In addition, the owner's policy will be subjecl to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEiN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RISERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, T923, TJ\* BOOK 93 AT PAGE 98. IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RICORDED SEPTEMBER 04, I923, IN BOOK 93 AT PAGE 98. 11. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION INC. IN INSTRUMENT RECORDED NOVEMBER 19, 1980, IN BOOK 313 AT PAGE 256. 12. TERMS, CONDITIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15. 1982IN BOOK 34s AT PAGE 904. I3. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED OCTOBER 18, 1984 IN BOOK 397 AT PAGE 402. 14. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT THE LOCATION OF THE GORE ALTA COMMITMENT ScheduleB-Section2 (Exceptions)Our Order No. VC50000477 The policy or policies to be issued will contain exceptions to the following unless tfte same are disposed of to the satisfaction of the Company: CREEK HAS MOVED. Chicago Title Insurance Company ALTA C OMMITMENT Schedule A Property Address: PART OF TRACT C. VAIL VILLAGE zND Our Order No. VC50000{76-2 Cust. Ref.: l. Effective Date: April 10, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: EAGLE RTVER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interesl covered herein is at the effective date hereof vested in: EAGLE RTVER WATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC50000476-2 IEGAI DESCRIPTION PART OF TMCT C, VAIL VILLAGE, SECOND FILING, MORE PARTICULARLY DESCRIBED AS OLLOWS: EGINNING AT THE NORTHWEST CORNER OF SAID TRACT C; THENCE NORTH 73 DEGREES 42 IINUTES 3? SECONDS EAST AND ATONG THE NORTHERLY LINE OF SAID TMCT C A DISTANCE F 145.00 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 10 SECONDS EAST A DISTANCE F 146.36 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID TRACT ; THENCE SOUTH 79 DEGREES 03 MINUTES 56 SECONDS WEST AND ALONG THE SOUTHERLY INE OF SAID TRACT C A DISTANCE OF 18O.OO FEET TO THE SOUTHWEST CORNER OF SAID RACT C; THENCE NORTH 0 DEGREES 06 MINUTES 06 SECONDS EAST AND ALONG THE IESTERLY LINE OF SAID TRACT C A DISTANCE OF 135.00 FEET TO THE TRUE POINT OF EGINNING, COI.JNTY OF EAGLE, STATE OF COLOMDO. I ALTA COMMITMENT ScheduleB-Secdonl (Rcquiromcnts) Our Ordcn No. VC50m047&2 Thc following are the rcquirements to be compted wtth: Item (a) Payment to or for the account of the grantcs or mortgagors 0f the ftll consideration for the estate or interest to be insured. Item 0) Proper instnrment(s) oeating the estate or intercst to be insurcd mrst be executed and duly filed for reccd, Item (c) Payment of all uxes, chages or assessmcnts lerried and assessed against 0re subject premises which are due and payable. Iten (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORN{ATION ONLY, AND NO POUCY WILL BE ISSI'ED PI'RSUANT HERETO. ALTA COMMITMENT ScheduleB-SectionZ (Exceptions)Our Order No. VC50000476-2 t. 2. 3. 5. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 6. Righs or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or otler matters, if any, created, Iirst appearing in the public records or attaching subsequent to the effective dale hereof but prior to the date the proposed insured acquires of recortl for value the estate or interest or mortgage tlereon covered by this Commitment. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. Liens for unpaid water and sewer charges, if any.. ln addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTMCT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN I,]NITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNTTED STATES AS RESERVED IN T]}IITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48, AT PAGE 503 AND RECORDED SEPTEMBER 04, I9Z3,IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617 RSSTRICTWE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, oR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 0s, 1963, IN BOOK 174 AT PAGE 431 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 27, I964, IN BOOK I83 AT PAGE 239. UTILITY EASEMENT 10 FEET IN WIDTH ALONG THE WESTERLY AND SOUTHERLY LOT LINES OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL VILLAGE, SECOND FILING. o 10. 11. n. ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No. VC50000476-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. UTILITY EASEMENT AS GMNTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRIJMENT RECORDED SEPTEMBER T9, I98O,IN BOOK 309 AT PAGE 648. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRUMENT RECORDED NOVEMBER 19. 1980, IN BOOK 313 AT PAGE 256, 15. TERMS, CONDITIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15, 1982 IN BOOK 345 AT PAGE 904. 16. TERMS. CONDITIONS AND PROVISIONS OF PURCHASE AND SALE CONTRACT RECORDED DECEMBER 26,2OO2 AT RECEPTION NO. 818188. t. 2 Chicago Title Insurance Company ALTA COMMITMENT Schedule A Our Order No. VC50000475 Cust. Ref.: Property Address: LOT 31. VAIL VILLAGEFLG 2 Effective Date: March 31. 2003 at 5:00 P.M. Policy to be Issued, and Proposed Insured: Information Binder Proposed lnsured: EACLE RIVERWATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EAGLE RTVERWATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL 5. The land referred to in this Commitment is described as follows: LOT 3I, VAIL VILLAGE, SECOND FILING, ACCORDING TO THE RECORDED PLAT T}IEREOF, COUNTY OF EAGLE. STATE OF COLORADO. ALTA COMMITMENT SclreduleB-Sectionl (Requircmmts) Our Ordcr No. VC50000{75 The followiag are the requircments to bc complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Itern (b) Proper inshument(s) crcating the estate or interest to be imured must be executed and duly filed for rccord, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. hen (d) Additional requiremenb, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY W&L BE ISSTJED PI'RSUANT IIERETO. ) ALTA COMMITMENT ScheduleB-Section2 @xceptions)Our Order No. VC50000475 he policy or policies to be issued will contain exceptions to the following unless the same are disposed f to the satisfaction of the Company: . Rights or claims of parties in possession not shown by the public records. . Easements, or claims of easements, not shown by tle public records. . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. . Any lien, or right to a lien, for services, labor or matenal theretofore or hereafter furnished, imposed by law and not shown by tle public records. . Defects, liens, encumbrances, adverse claims or otler matters, if any, created, first appearurg in the public records or attaching subsequent to tlre effective date hereof but prior to the date 0re proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. i. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. '. Liens for unpaid water and sewer charges, if any.. l. ln addition, tle owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. t.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48, AT PAGE 503 AND RECORDED SEPfiMBER 04, 1923, IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. RESTRICTIVE COVENANTS. WHICH DO NOT CONTAIN A FORFEMURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 09, 1963, IN BOOK 174 AT PAGE 43T AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 27, 1964, IN BOOK 183 AT PAGE 239. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE SECOND FILING. t0. 11. tz. ALTA COMMITMENT ScheduleB-SectionZ (Exceptions) Our Order No. VC50000475 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TJTILITY EASEMENT AS GMNTED TO HOLY CROSS ELECTRIC ASSOCTATION, INC., INC., IN INSTRUMENT RECORDED SEPTEMBER 19, 1980, IN BOOK 309 AT PAGE 648. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC., IN INSTRUMENT RECOF.DED NOVEMBER 19, 1980, IN BOOK 3T3 AT PAGE 256. Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50000474 Cust. Ref.:Schedule A ruperty Address: TRACT D. VAIL LIONSHEAD FLG 3 ffective Date: April 04, 2003 at 5:00 P.M. rlicy to be lssued, and Proposed Insured: nformation Binder 'roposed Insured: 'AGLE RIVER WATER AND SANITATION DISTRICT, A QUASI.MUNICIPAL 'he estate or interest in the land described or referred to in this Commitrnent and covered herein is: 4 Fee Simple 'itle to the estate or interest covered herein is at the effective date hereof vested in: EAGLE RWER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL lhe land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC50000474 TEGAL DESCRIPTION TRACT D, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, EXCEPTING THAT PART OF TRACT D DESCRIBED AS FOLLOWS: BEGINMNG AT THE WEST CORNER OF SAID TRACT D; THENCE N 73 DEGREES 42 MINUTES 37 SECONDS E AND ALONG THE SOUTH LINE OF TRACT D A DISTANCE OF 1T5.0 FEET; THENCE, N 14 DEGREES 46 MINUTES I() SECONDS W TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID TMCT D; THENCE, S 70 DEGREES 33 MINUTES 28 SECONDS W AND ALONG THE NORTH LINE OF SAID TRr{CT D TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUAMNTEE OR INSURE THE DIMENSIONS OF TTIE ABOVE DESCRIBED LAND, TIIE LEGAL DESCRIPTION 1S DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. ALTA C OMMITMENT ScheduieB-Sectionl (Requirements) Our Order No. VC50000474 ving are the requirements to be complied with: (a) Payrnent to or for the account of the grantors or mortgagors of the fuil consideration for tle estate or est to be insured. ft) Proper instrument(s) seating the estate or interest to be insured must be executed and duly filed for record, ir: r (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due payable. r (d) Additional requirements, if any disclosed below: S COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED {SUANT HERETO. ALTA COMMITMENT ScheduleB-Section2 (Exceptions)Our Order No. VC50000474 re policy or policies to be issued will contain exceptions to the following unless the same are disposed to the satisfaction of the Company: Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by tlre pubiic records. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in tire public records or attaching subsequent to the effective date hereof but prior to the date ihe proposed insured acquires of record for value tlre estate or interest or mortgage thereon covered by this Commitment. Taxes or special assessments which are not shown as existing liens hy the public records.o the Treasurer's office. Liens for unpaid water and sewer charges, if any.. In aildition, the orvner's policy will be subject to the mortgage, il any, noted in Section 1 of Schedule B hereof. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PRE\'IISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. z. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORTTY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RXCORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503, RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNiTED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 197I, IN BOOK 22I AT PAGE 99I AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12, 1977 IN BOOK 258 AT PAGE 453. EASEMENTS. CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL/LIONSHEAD THIRD FILING. t. l- ALTA C OMMITMENT ScheduleB-SectionZ (Exceptions)Our Order No. VC50000474 The poticy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CO]\DITIONS AND PROVTSIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY EASEMENT RECORDED NOVEMBER 19, 1980 IN BOOK 3T3 AT PAGE 256. 14, TERMS, CONDITIONS AND PROVISIONS OF TEMPORARY EASEMENT RECORDED SEPTEMBER 15, 1982IN BOOK 345 AT PAGE 904. A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow for the ski lifts, tows, and runs located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicanl Vail Resorts, represented by Braun Associates, Inc.Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2no Filing; a request to rezone \ -|ot 31 and Tracts C & D, Vail Village 2no Filing from Outdoor Recreation (OR) and LionsheadQlMixed Use 2 (LMU-2) zone districtJ to tfre Ge-neral Use (GU) zone district; and a request for a -fDtnOitional use permit pursuant to Section 12-gC-3, Conditional Uses, Vail Town Code, to allow' for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 3'1 and Tracts C & D, Vail Village 2nd Filing. Applicant: Planner: Eagle River Water and Sanitation District, represented by Braun Associates, Inc. BillGibson The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing lmpaired, for additional information. This notice published in the Vail Daily on October 10, 2003. a Attachment: G THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on, October 27, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. ln consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4F-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1"'Filing. Applicant A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block2, Vail Potato Patch 1st Filing. Applicant: Nextel, represented by Glen Klocke Planner: Waren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 North Frontage Road (Red Sandstone Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 1st Filing. Applicant AT&T Wireless Services, lnc. Planner: WarrenCampbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13' Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WesUUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant Vail Resorts Planner: ElisabethEckel i dt; I \,) $tr' ',J^\o R"ECEIPT - The Tovrn of Vail C lA n Z . \, ttTr f.tt eprrr l- | /' ?;/. -- - , ,o--trT , t, RE.ET'ED ,ro, L bm,l,c /Vlaurk llo oo, oo Pe rmit Numbers How PArD- cash-chec n2 1-Q!3 t--RECEIo3 N9 54726PT - Ihe Town of Vail , 20_DATE RECETVED FROM ADDRESS (Ut5 rcn DOLLARS $O.rP Permit Numbers How PArr!-cash-chec * il'/0'/7 oor, (- l1- o RECEIPT - The Town ofVail 20 \:r^ 54727 RECETVED FROM ADDRESS DOLLARS $ rf0,1toA lOC LO Permit Numben How PArD-casrr-che "*2 4Ct/8 _1 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Envlronmental Commission Community Development Department October 27.2003 A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, lo allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2no Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2no Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operalion of a water and sewage trealmenl plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracls C & D, Vail Village 2nd Filing. Applicant: Eagle River Water and Sanitation Districl, represented by Braun Associates, Inc.Planner: Bill Gibson STJMMARY The applicant, Eagle River Water and Sanitation District, represented by Braun Associates, Inc., is requesting a minor subdivision pursuanl to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracls C & D, Vail Village 2no Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2nd Filing from Ouldoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districls to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, lo allow for the operation of a water and sewage treatment plant and a public parklng facility and struclure, located al 846 West Foresl Road/Lot 31 and Tracts C & D, Vail Village 2no Filing. The proposed final plal further describes the existing properties as Lot 31 , Tract C, Tract D, Parcels 1,2, & 3, and an Unplatted Parcel. The intent of these requests is to allow for the consolidation of Eagle River Waler and Sanilation District (ERWSD) properties and to facilitate an expansion of the existing ERWSD water and sewage treatment plant. Based upon staff's review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Communily Development Department recommends that the Planning and Environmental Commission approve the requesled minor subdivision, approve the requested conditional use permit, and forward a recommendation of approval lo the Town Council of the requested rezoning, subject to the findings and conditions noted in Section lX of this memorandum. lt.DESCRIPTION OF REOUEST The applicant, ERWSD, represented by Braun Associates, lnc., is requesting a minor subdivision pursuanl 1o Chapter 13-4, Minor Subdivision, Vail Town Code, to allow Jor the replatting of Lot 31 and Tracts C & D, Vail Village 2no Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2no Filing from Ouldoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant 1o Section 12-9C-3, Conditional Uses, Vail Town Code,.to allow for the operation ol a waler and sewage treatmenl plant and a public parking facility and structure, located at 846 West Forest Road. A vicinity map of the site has been attached for reference (Attachment A). Rezoning The existing ERWSD plant site is zoned General Use (GU)district. The additionalERWSD properties are currently zoned Lionshead Mixed Use-2 (LMU-2) district (i.e. Tract C and Parcel 2) and Ouldoor Recreation (OR) district (i.e. Unplatted Parcel and Parcel 3). The proposed rezoning request will apply General Use (GU) zoning to allthe ERWSD properties (i.e. proposed Lot 1). The General Use (GU) district allows for both water and sewage treatment plants and for public parking facilities and struclures as conditional uses. An existing zoning map has been attached Jor reference (Attachment B). Minor Subdivision The proposed minor suMivision request will consolidale several ERWSD owned properties into a single lot. A copy of the proposed final plat has been attached for reference (Attachment D). As noted on the proposed final plat, Lot 31 , Tracl C, Tract D, Parcels 1, 2, & 3, and an Unplatted Parcel willall be resubdivided into one property (i.e. Lot 1, VailVillage 2"d Filing). The proposed conditional use permit requests will facililate the expansion of the existing ERWSD plant. The existing plant will need lo be expanded to accommodate the anticipated redevelopment and build-out ol Vail, especially the anticipated redevelopment of Lionshead. The conditional use permit requests will also facilitate the construction of a parking struclure. This parking structure will accommodate ERWSD employee parking needs and provide additional public parking opportunities. The applicant is requesting that public parking be temporarily allowed on the site during the 2003-2004 ski season. Once the ERWSD plant expansion has been constructed, the applicant is requesting that public parking be allowed on the site during weekends, special evenls, and other occasions when overflow parking is needed. Architectural plans have been attached for reference (Attachment E). Additionally, an Environmental lmpact Report has been attached for reference (Attachment F). Conditional Use Permit The applicant's more detailed descriplion ol the request has been attached for reference (Attachment C). Please note that the Planning and Environmental Commission will not be reviewing a conditional use permil requesl for a Vail Resorts snowcat access road, as such a road does not require a conditional use permil. The proposed snowcat access road, bridge, retaining walls, revegetation plan, etc. will be reviewed by the Design Review Board. 's" ). ilt.BACKGROUND The ERWSD plant was originally constructed in the early 1970's and expanded in the early 1980's. In the past year, ERWSD has acquired addilional adjacent properties lo facilitate a needed expansion of the existing plant. The proposed plant expansion will be necessary lo accommodate the anticipated, upcoming build-out and redevelopment of Vail, especially the redevelopment of Lionshead. The need to expand the existing plant onto the old Town shops parcel was recommended in the Lionshead Redevelopment Masler Plan in Sections 4.9.4.5 and 5.18. ROLES OF BEVIEWING BODIES Amendment to the Official Zonino Map ol the Town ol Vail Planninq and Environmental Commission: Action:The Planning and Environmental Commission is advisory to the Town Council for a rezoning. The Planning and Environmental Commission shall review lhe proposal and make a recommendation to the Vail Town Council on lhe compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Desion Review Board: Aclion: The Design Review Board has NO review authority of a rezoning, but must review any accompanying Design Review applicalion. Town Council: Action: The Town Council is responsible for final approvaliapproval with conditions/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submitlal requiremenls are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with lhe design guidelines. Slaff provides a slatl memo containing background on the property and provides a slaff evaluation of the projecl wilh respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Slaff also facilitates the review process. tv. Minor Subdivision Plannino and Fnvironmenlal Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision. Desion Review Board: Action: The Design Review Board has NO review authority of a minor subdivision, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overlurn the board's decision. Staff: The stalf is responsible for ensuring that all submittal requirements are provided and plans conform to the lechnical requiremenls of the Zoning Regulalions. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of lhe project with respect to the required criteria and findings, and a recommendalion on approval, approval with conditions, or denial. Staff also facilitales the review Drocess. Conditional Use Permit Plannino and Environmental Commission: Action; The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a condilional use permit. Desiqn Review Board; Action: The Design Review Board has NO review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Slaff: The staff is responsible for ensuring thal all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a stalf memo containing background on the properly and provides a staff evaluation of the project with respect to the required criteria and findings, and a '* t recommendation on approval, approval with condhions, or denial. Stafl also facilitates the review ,process. V. APPLICABLE PLANNING DOCUMENTS Town ol Vail Zonino Reoulations Chapter 12-1: Title, Purpose and Applicability (in parl) Section 1 2-1 -2: PURPOSE A. General: These regulations are enacted for the purpose ol.promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious develoBment of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement (in part) Section 1 2-3-7: Amendments A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the olficial zoning map may be amended, or repealed by the town council in accordance with the procedures presuibed in this chapter. Chapter 12-9: General Use (GU) District (in part) Section 12-9C-1 : Purpose The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed tor each particular development proposal or project are necessary to achieve the purposes prescribed in section | 2- 1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quash public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. ! Chapter 12-16: Conditional Use Permits (in part) Section 12-16-1 : Purpose In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in cerlain disfricts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between canditional uses and surrounding properties and the town at large. Uses /lsted as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates this site a Community Olfice (CO). This land use designation is described by the Town ot Vail Land Use Plan as follows: This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, seruices stations, financial institutions and medical offices. The design of these facilities would be oriented toward vehbular access and parking. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Lionshead RedevelopmerllMaster Plan Chapter 4: Master Plan Recommendations- Overall Study Area (in part) 4.9.4.5 Old Town Shops The old Town shops, located just west of the Vail sanitation plant, were identified as a potential employee housing location during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. ln addition, the presence of the sanitation plant on one side and the existing gas station an the other reduces the desirability of this location * + i-' for employee or locals housing. Chapter 5: Detailed Recommendations (in part) 5.18 Old Town Shops The old town shops site has been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. Ihese uses may be appropriate for the site, but they are not compatible. lnput from the Eagle River Water and Sanitation District suggests that the property will most likely be used for expansion of the sanitation plant and the VA service yard. lt the old town shops are removed the existing storage component will be replaced at the Town of Vail public works shoo. VI. SITE ANALYSIS Site size: 88,509 sq. ft. (2.0319 acres)Zoning: General Use (GU), Outdoor Becreation (OR), Lionshead Mixed Use-2 (LMU-2) Land Use Plan Designation: Community Office (CO) Current Land Use: ERWSD plant, undeveloped, and open spaceHazards: None Development Standard Allowed ProoosedSelbacks: per PEC 15 ft., 26 ft., 20 ft., and 50 ft. Buibing Height: per PEC l2leelDensity: per PEC N/AGRFA: per PEC N/A Site Coverage: per PEC 48,784 sq. ft. (55%) Landscape Area: per PEC 13,765 sq. ft. (15.6%)Parking: per PEC 65 spaces VII. SURROUNDING LAND USES AND ZONING Land Use ZoninoNorth: VA maintenance shops Lionshead Mixed Use-2 (LMU-2)South: Open space Ouldoor Recreation (OR)West: BP (Amoco) service station Lionshead Mixed Use-2 (LMU-2)Easl: West Day Lot (i.e. parking) Lionshead Mixed Use-1 (LMU-1) VIII. CRITERIA AND FINDINGS Consideration of an Amendmenl to the Official Zoninq Map of the Town of Vail 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. Staff Response: Staff believes the proposed rezoning is consislenl with the above listed purpose of the zoning regulations and the General Use (GU) district. Staff also believes the proposed rezoning is consistent the with the above listed specific goal slatements of the Town of Vail Land Use Plan. The applicant's proposal is specifically recommended in Sections 4.9.4.5 and 5.18 in the Lionshead Redevelopmenl Master Plan. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. Staff Response: The ERWSD planl currently exists on the site and the proposed rezoning will facililate an expansion of the plant deemed necessary to accommodate land uses throughout the entire Town of Vail. The rezoning will also facilitate an increase in the availability of public parking. 3. The extent to which the zone district amendment presents a harmonious, convenienl, workable relationship among land uses consistent with municipal development objectives. Staff Response: The proposed rezoning will facilitate the enhancement of the waler and sewer system and public parking syslem within the Town of Vail, thus improving the relationship among land uses and the carrying capacity of the community as it relates to new growth and water quality. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Slaff Response: The proposed minor subdivision will facilitate the enhancement of lhe waler and sewer syslem within the Town of Vail, thus allowing for the orderly growth and viability of the community. A portion of the ERSWD site is currently zoned General Use (GU) district, lhus rezoning all of ERSWD's properties to the same district is not considered a spot zoning. This development is also specifically recommended in the Lionshead Master Plan. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features, Staff Response: The proposed minor subdivision will facilitate the enhancement of the waler and sewer syslem within the Town of Vail, thus positively affecting the above listed criteria. An Environmental lmpact Report has been attached for reference. This expansion will help insure water qualily is prolected by facilitating the treatmenl of sewage. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Staff Response: Slaff believes thal the proposed rezoning is consistent with the o .; above listed purpose statement of the General Use (GU) district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation ol the subiect property was adopled and is no longer appropriate. Staff Response: Since the ERSWD's last plant expansion, numerous redevelopment projects are now anticipaled throughout lhe Town of Vail, including a large scale redevelopment ol Lionshead. An expansion of the ERSWD plant is necessary to accommodate this redevelopment and the further build-out of Vail. Also, the availability of public parking is inadequate lo meet both current and future demands. The rezoning will facilitate an increase in public parking availability. 8. Such other lactors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. The Planninq and Environmental Commission shall make the followinq findinqs before recommendinq approval of an Amendment to the Official Zonino Map of the Town of Vail: 'l . Thal lhe amendment is consistent with the adopted goals, objectives and policies oullined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suilable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residenlial community of the highest quality. Consideration of Factors Reoardino the Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town ol Vail Code. The of review crileria to be considered with a minor subdivision requesl is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended lo ensure that the subdivision is promoting the health, safety and wellare of the community. The subdivision purpose stalements from 13-1-2 (C) are as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the Wpe and extent of improvements required. Staff Response: The provisions of Title 13, Vail Town Code, made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. 2. To provide tor the subdivision of property in the future .without conflict with development on adjacent land. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will facilitale the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land useg consiste nt with Town development objectives. Staff Response: The proposed minor subdivision will facilitate an expansion to the existing water and sewage lreatment plant and the Town's public parking facilily and structure, both of which are permitted as a conditional use in the General Use (GU) District based upon the development standards prescribed by the Planning and Environmental Commission. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serye the proposed subdivision. Staff Response: The proposed minor subdivision will facilitale lhe enhancement of the water and sewer system and public parking syslem within the Town of Vail, thus positively affecting the above lisled criteria. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures, Staff Response: The proposed minor subdivision plal will consolidate several 10 t + :, ERWSD properties into a single lot which can more efficiently described. This will help ensure a more harmonious relationshio of land uses on this site. 7. To prevent the pollution of air, streams and ponds, to assure adequacy ot drainagefacilities, to safeguard thewatertable and to encouragethewise use and management of natural resources throughout the Town in order to preserue the integrity, stability, and beauty of the community and the value of the land. Stalf Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecling the above listed criteria. The .Plannino and Environmental Gommission shall make the followino findinos before qrantino aoproval of the final plat for a minor subdivision: 1. That the application is in compliance with the inlent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. Gonsideration of Factors Reqardinq a Conditional Use Permit: The review criteria lor a request of a conditional use permit are established by lhe Town Code. The proposed water and sewage treatment plant and a public'parking facility and structure will both be located within lhe General Use (GU) district. Therefore, this proposal is subject to the issuance of conditional use permits in. accordance with the provisions of Chapter 12-16 (Conditional Uses), Vail Town Code. 1. Relationship and impact of the use on the development objectives of the Town. Staff Response: Staff believes that a condjtional use permit for the proposed water and sewage trealment plant use meets the above mentioned purposes of .the zoning regulations and goal stalements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town ol Vail. As slated previously Sections 4.9.4.5 and 5.18 in the Lionshead Redevelopment Master Plan the old Town shops parcel was specifically identified for expansion of the water treatment plant. Staff believes that a conditional use permit for the proposed public parking tacility and struclure use meets the above mentioned purposes of the zoning regulations and goal statemenls of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. 1l_ 2. The eflect of the use on light and air, distrlbution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public lacilities needs. Staff believes thal a conditional use permil for the proposed water and sewer lrealment use is critical lo the utility capacities wilhin the Town of Vail. Staff also believes that a conditional use permit for the proposed public parking facility and slruclure use is critical to improve the Town's deficient parking capacities. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, tratfic flow and control, access, maneuverability, and removal ol snow from the street and parking areas. Sta|fbe|ievestha1aconditiona|usepermitfortheproposedwa1erandsewer trealment plant use will have no significanl negative impact on the above mentioned Statf believes that a conditional use permit for the proposed public parking facility and structure use will have significant positive impact on the above mentioned items. 4. Eftect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The Design Review Board will be review a related design review application lor this proposal to ensure conformance with the above listed items. Staff believes that this proposal will have no significant negative impacts in comparison to the existing site conditions on the above-referenced items. The Planninq and Environmental Commission shall make the lollowinq findinqs before orantinq a conditional use permit: 1. That the proposed localion of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. That the proposed location of the use and lhe conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properlies or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions ol the conditional use permil section of the zoning code. STAFF RECOMMENDATION Amendment to the Oflicial Zoninq Map of the Town of Vail The Community Development Departmenl recommends the Planning and rz 2. e lx. Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed rezoning of Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district. Slaff's recommendation is based uoon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presenled, subject to the following findings: 1. That the amendmenl is consislenl wilh the adopted goals, objectives and policies outlined in the Vail Comorehensive Plan and comoatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriale for the surrounding areas; and 3. That the amendment promoles the health, safely, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its nalural environment and its established character as a resort and residential community of the highest quality. Minor Subdivision The Community Development Department recommends the Planning and Environmental Commission approves with conditions the final plat for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 , Tract C, Tract D, an Unplatted Parcel, and Parcels 1 , 2, & 3, as described on the proposed final plal, as Lot 1, Vail Village 2"d Filing. Staff's recommendalion is based uoon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the application is in compliance with the inlent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations thal the Planning and Environmental Commission deems applicable. 2. That the applicalion is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documenls, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effecls on the aesthetics of the Town. Conditional Use Permit (sewer and water treatment plant) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a water and sewage lrealment plant, located at 846 West Forest Road/Lot 'l , Vail Village 2no Filing (proposed legal description). Statf's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and teslimony presented, subject to the following findings: t_3 1 . That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. That the proposed location ol the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to propefties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Conditional Use Permit (public parkinq facilitv and structgfe) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a public parking facility and structure, located at 846 West Forest Road/Lot 'l , Vail Village 2no Filing (proposed legal description). Staff's recommendalion is based upon the review oJ the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1 . That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Ouldoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which i1 will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious lo properlies or improvements in the vicinity. 3. That the proposed use willcomply with each of the applicable provisions of the condilional use permit section of the zoning code. Conditions of Approval Should the Planning and Environmental Commission choose to forward a recommendation se development review applications, the Community Development Department recommends the following conditions: Approval of the final plat for the minor subdivision shall be contingent upon the Vail Town Council's adoption, by ordinance, of the proposed amendments to the Official Zoning Map of the Town of Vail. The final plat shall not be recorded prior to the Vail Town Council's adoplion, by ordinance, o{ the proposed amendments to the Official Zoning Map of the Town of Vail. Approval of the conditional use permits for both the water and sewage treatment plant and lhe public parking facility and structure shall be contingent upon the Vail Town Council's adoption, by ordinance, of the 1A ri ''l: i.1 ,'i 2. proposed amendments to the Official Zoning Map of the Town of Vail. 3. Approval of the conditional use permits for both the water and sewage lrealmenl planl and the public parking facility and strucilrre shall be contingent upon the Design Review Board's approval of the.related design review applications. '$. The applicant shall submit a public parking managsmenUo,perationsplan for review and approvaliby the ,Planning ard Environmer$al Commission, prior to the issuance of ,building perrnits. ATTACHMENTS A. Vicinity map B. Existing zoning map C. t\pdicant's description of requests D. Prqposed FinalPlat 'E. Arohitectural plans ,F. Environmental lmpact Repoft G.Public Nolice I: if { tt a- tr)tr.Itrolt !s5 Ocoo oQ'i sN T EN E ri6 HEn i5 EC E EEgo* fiEEE tr''=tr *.tfI8e *Es =HFI *" !E trfF uI W iE\ .\ "?', iilu , l:iiiilv\ : ffi,, -E*!_ c.r.E R99y dJ:5 T F >*'s rrEi€ 'sHsEgEgHgfi i + g E s Ex;r it tI 2t ii 5,=uJio5526E CIffiN$8Cffi 'P :il' Attachment: B c o o o ililU tr .l ;lLI n I,1LI t=lt U r!:ltJ EE I -:aiJ t1u tE t1 U '-t :l LJ i:l LI t.l 1,,; IEI it JI1l F] H llIIl;-l n{l LJ I I t3 t. lil [-] i:'1LJ Attachment: Eagle River Water & Sanitation District Plant Expansion Applications for: Rezoning Conditional Use Permit Minor Subdiuision September 2003 Owner and Consultant Directory Owner Eagle fuver Water & S"nitation District Vail, Colorado Planners Btaun Associates, Inc. Edv'ards, Colorado Engineer /Designer Brown and Caldwell Denver, Colorado Cird Enoineer Alpine Engineering, Inc. Edwards, Colotado i.l .t I.Introduction .'4L Sunmaty of Ptoposal The Eagle fuver Water & Sanj.tatjon District ("District') is proposing to expand the capacity of the existing waste water plant and construct a new drinking water treatrnent plant ("the Plant') located at the intersection of Forest Road and the Sou*r Frontage Road rn Vail. The District recendy acquired land from the To'rn of Vail (the OId Town Shops) to facilitate this plant expansion. The need for the pla-nt e>,pansion is generated by future development and build-out of the Town of Vai.l and is largelv required due to projected redevelopment in the Lionshead area as directed by the Lionshead Redevelopment Master PIan. ntl 1 L,J F:! ['1Ld tqtt'}u l?ri U itU fr E rlllU g E n TJ l:) tJ tll-l Eagie fuver Water & Sanitation Disrrict Braun Associares, Inc. The District has been working cooperauvely with \rarl Resorts in order to relocate the existing snowcat route from Forest Road. Part of this proposal is a request to allow snowcat access across District property to a bridge across Gore Creek. \rarl Resorts, under separate application, is seeking approval for the nev' snov'cat bridge across the Gore Creek and a nertr'access route connecting to the Cascade \X/a.v (formerly Westin Hi Ho) trail on Vail Mountain. This rmprovem€nt will reduce conflicts with the residents along Forest Road and provide a more ,'lirect route from Vail Resorts' maintenance faciliw located on the north side of *re S. Frontaqe Road. ''...--:' Additionally, the District is requesting approval of a conditional use permit to allow public parking on the District's property. This permit v'ould allou' public parking temporarilv on the Old Tov'n Shops site and within the existi:rg parking lot (approximately 80 - 100 spaces) after rernoval of the exisring Old Tov'n Shops. This approval would allow this temporar,v parking for one ski season and would help the Tou'n reduce parking pressure on South Frontage Road. In addition, the conditional use petmit v'ouid allow public parking in the District's parkrng lot upon expansion of that facilitv on v'eekends, during special events, or odrer times rvhen overflorx.' parking is needed by the comrnuniry. This approval v'ould allow parking for approxirnately 65 cars. Eagle Rrver \X'ater & Sa-rrtaton Disuict Ra"n A<<nriate< I.. i I.l l'-..1:l Il ,, r--l i.J i1 rl B n f:Itl l,' l |j a E f'-|ll LJ rtl:'l I-r-tE F}tt U llil ii-J II{t LJ .l -'-l To facilitate the e>rpansion and construction of the District's Plang the sflowcat access, and the public parkiag requests, the following applications are submitted: o Rezoning request ftom Lionshead Mixed Use 2 to General Use (Old Town Shops parcel) . Rezoning request ftom Outdoor Recreation to General Use (existing and newly acquired parcels along the creek) r Conditional use for ^ w^ter and wastewater treatrnent plant (expansion) r Conditional use for a snowcat access toute a:rd snowmaking pump house (below grade) r Conditional use for temporary and permanent public pa*ing r Mioor subdivision plat to consol-idate all District parcels . Desigo Review Application for the project B. Key Elements of the Proposal i Key elements of the plan include: ;. Expansion of the treatrrent capacity of the wastevrater plant to service the Vail : zte I Construcdon of a new ddnking water treatment plant that will provide increased capacity and decrease teliance on upstream wells during low-flow pedods o Enhancement of stream flows in Gore Creek tbrough the To'*'n of Vail and downstream to Dowd's Junctiono Removal of snowcats and snowmaking pump house from a residential area fotest Road) . Redevelopment of a unsighdy and dilapidated structure and site . Increasing the supply of available public parking when host needed by the community C. Reuiew Process The applicant is tequesting that all of the proposed applicatioos and pe'mits be reviewed simuhaneously. Rezoning: The process for rezoning requires tlat tle Planning and Environmental Commission (?EC) review and forq/ard a tecommendation to tbe Town Council. The Town Council is the final review authority on the rezoning request. Eagle River Water & Saaitatioo Distria i I Braun Associates,Ioc. l-J [.1 i-J Conditional Use Petmits: The General Use zone disttict allows public utility facilities, public parkin& aod ski mouotain access facilities subiect to the issuance of a Conditional Use Perrrit (CUP). The PEC has final review authodty on a CUP. In tle Geoeral Use zone district the PEC is also required to determine the development sandards for the projecg iaduding building h.ighg setbacks, parJ<ing, landscaping, and site coverage. Design Reuiew: The process fot the desiga. review approvd requires tle Design Review Board to reyiew and approve the proposed landscape and architecture of the project The appropdate applications and materials have beeo submitted for this review. Minor Subdiuision: The process for a rninor tesubdivision of the property (consolidation of all parcels to one patcel) requires that the PEC reeiew and approve the subdivision. It4 rq t I Eagle River l(/ater & Sanitation District Braun Associates, Ioc 4 -l |.I ! LJ ft U lltJ i.lL] B {ll,l ril u ll \-/ l: t tr{ ler nU |:t lsl r il td il1l r'lI rlt..Il-t t:il U u.Description of the Proiect '4L Bacl<gtound The oaginal wastewater treatrnerrt plaflt was developed in the early 1970's. That facility occupies the site where the offrces and parking exist today on land zoned Genetal Use (GLJ). In the early 1980's additional land was acquired ftom the Town of Vail and the plant was redeveloped and elpanded. The land acquired in the 1980's is zoned Outdoor Recreation and is developed with the existing wastewater treatrnent faciliry. This year the District acquired three additional parcels ftom the Town of Vail to allow for expansion to the plant. These parcels are currently occupied by the Old Town Shops, parking and driveways accesshg the adjacent CDOT right-of-way. The parcels developed with the Old Town Shops are currendy zoned Lionshead Mixed Use 2 and the parcel to the south of the shops (developed as parking) is zoned Outdoor Recreation. See map below. Proposed Plant Expansion ZnnedWNZ and OR Eagle fuver Water & Sanitaton District Braun Associates. Inc. B.Exi s ti ng Wa s tewa ter Tre a an en t Fa cilit.v The site is currendv develed with a wastewater treatment facilirv and administration facilties for the District. The uses 1n serv-ice, human resources, and wastev'ater treatment. The current faciliw contains 36,523 sq. ft. of waste'r,'ater treatment faciliries and 14,000 sq. ft. of offices and meeting roorns. There are 39 parking spaces provided on-site to serve the emplovees and visitors to the site. The current number of employees u'orkhg within this faciliry is 29 employees. Existins Wastewater Treatment Plant Existing Old Town Shops I C. Proposed Development The proposed expansion inciudes an expanded wastewatet treatment faciliry and new drinking water treatment faciliry. The proposed uses will occur as an expansion of the existing structures on-site and rrdl occur on the newly acquired parcels of land (Old Tou'n Shops). The footprint of the new structure is 12,600 sq. ft. The ptopos.d structore is burli subs tantially below grade and will appear as a srngle-story with parking on top of the strLrcrure. The proposed use will include treatrnent faci.]rties and office areas. The nev'plant area u'ill be 12,600 sq. ft. of which 138 sq. ft. is offrce area. There will be a total increase rn parking of 26 parking spaces for a total of 65 parking spaces on-site. There is a negligible hcrease in the staffrng levels as a result of the proposed expansion with the addition of I employee for a total of 30 employees. The District is taking advantage of the surface area created in the top of the plant facilitl' u'hich has a capacigv for 65 parking spaces. Eagle River V/ater & Sanitation Distnct Rnlr A <<neirtpc Tnr I .,] rllIt The expanded wastewater treatment plant is designed to operate at 5.6 MGD (maximum daily flow) and 7.0 MGD (peak hourly florr). The ne*- drinking water plant is designed to operate at 3.0 MGD. Refer to the Em-ironmental Impact Report for more detail on the operations of the facilities on this site. In conjunction w-ith this appJication is a conditional use reguest to allov snowcats to traverse the District's property from the Vail Resort's maintenance yard to a proposed bridge across Gore Creek. The snorvcat access btidge is being proposed by \rail Resort's under separate appiication and tlat bridge and access route to the Cascade \Xay trail are located entirely on Town of Vail properry. The proposed access route will replace the route currendy 6syeling up West Forest Road. A 25' wide access easement to allo$/ snowcats on District property wiil be established by a separate easement document. The proposal also includes a subsurface snowmaking pump facility to replace that faciJ-ity located at the tennis court site on West Forest Road for use by Vail Resorts. D.Rezoning Request In order to allow the proposed uses and consolidate the existing parcels of land, a consistent zoning designation is required for the property. The current wastevater treatrnent facilities are developed on 4 contiguous but separate parcels of land. The prima4' uses are located on a parcel zone General Use w-hjle a portion of the existing facility is located on a parcel zoned Outdoor Recreation. UtiJity faciJities are a conditional use in the General Use zone district but ate not listed either as a perrrifted or conditional use in the Outdoor Recreation zone disttict. The newly acquired parcels to the v'est of the existing faciJity are zoned Lionshead Mixed Use 2 (LMU2) and Outdoor Recreation. Please refer to the zoning map below. The LMU2 zone district would allow the proposed plant expansion subject to a conditional use permig however, to create consistencv the newly acquired parcels are proposed to be rezoned to General Use. nrl :.1 I:l r:r +tu a i] ri ,l r''I il H rlil rlttu IJt.l t i.itltl I i:l Eagle fuver Water & Sanitation Disrrict Braun Associates. Inc. Condition of land zoned Outdoor Recreation * ; E.Zoning Analysis Below is dre Zoning Analysis for the District's project. 1. Parcel Size Total Acreage (all parcels): 2.0319 acres or 88,509.56 sq. ft. 2. Setbacks 3. 4. Setbacks of uses and structures are indicated h the proposed development plan. The setbacks for the proposed building are 15' along the South Frontage Road, 26'+ d,ong the s'est propeffy line adjacent to Amoco, and 20'+along the south or rear property line. The proposed structures are beyond the 50' stream setback. Height The proposed structure is located largely below grade. The proposed building height in the.d'orst-case is approximatel,v 12' from finished grade. Landscaping, Site Development, and Site Coverage The proposed landscaping and site coverage is as proposed on the site development plan. t Eagle fuver Water & Saniuoon Drstrict Braun Associates. Inc. -l .. 1,l 5. Snow Storage i The parking lot is proposed to have 63 parking spaces. Since the reguired daily ,. i parking for the site is substantially Iower thao the number of spaces being R provided, a portion of the existing parkirrg iot will be used to store snow. tlI I 6. Parking ft ffi,:;::s3,ffi!':'"H.Tr*:Ttr*.::ffi*:.T$1i";H5lffj" being increased by 26 parking spaces even though only one ernployee is being .- r added. The District is taking advantage of the surface area created on top of ttre L j proposed plant which has a capacity of 65 parking spaces. The excess capacity will help offset the Town's skier parking needs on weekends. Fl LI n fl t., l il L.I il il n LJ r:liltl r:ll'l lr:.J lltt nLJ Eagle River Water & Saaitatioo District fl Bralun Associa.tes, Inc. t.l l.lllL-l IlL Conditional Use Permit Criteria Below is the criteria used by the staff and the Planning and Envtonmental Comrnission when rewiewing a request for a Conditional Use Perrnit. Each criterion has be en addressed and v'e 6nd that the proposal fully complies u"ith each. All of the follov-ing conditional use permits being requested are included irr this analysis: o Water and u'astes'arer ueatrnent plant o Snos'cat access to Vail Mountain r Temporary and permanent public parking A. Rclationship and ir$,act of tbe use an deuelopment objecliuet of the lown. Our Anall'sis: The proposed uses are being located rn an infiIl area of the Town in ao area that is characterized bv utility, sen'ice, and light industrial uses. The proposed uses are idendfied in the Lionshead Redevelopment lvfaster Pian as suitable uses for rhe area. I The proposed snort'cat access route .x'as also idendfied by the Master PIan as a posidwe chanse to divert snow-cat traffic on Forest Road. The DroDosed ,x,'aste$'ater and w.ater rreaffnent plant expansion s'ill allor','grou'th to occur u'iilin areas of the Toun planned for der-elopmenr over the next 20 or more years. B. The efect of the an on ligbt and air, distibulion o1 popuktion, transportation Jacililies. atilitie s, schools, parks and remation Jacilities, and olher pzblic facilitiet needs- Our Analysis: The proposed project v'ill have litde impact on light and air, population, transpottation facilities, schools, parks, or recreation .facilities. The proposal w-ill expand the capacitv of existing water and rrastew-ater treatrnent and will t}lerefore improve the abilitv of the tow'n to redevelop. The ptoposed snos'cat access route rr"ill reduce conflicts u'ith vehicles on West Forest Road and thus improve the flow of traffic in that area. The proposed facilitr is a low one-story building rvhich s'ilI have iitde if anv effect on Iight and air. The nerr diinking water fteatment plant v-ill help to increase the flon's in Gore Cteek during lov,'-flow petiods by pulling water from t}le confluence of Gore Creek a:rd Eagle fur'er instead of the w'ells located under the Vail Golf Course. C. Efect upon trafic witb particular referenu ta congestion, aatomotiue and pedestrian safery and conuenience, trafic JTow and conlro/, accerr, lllaneurerabi/ig, and remoaa/ of snowfram lbe slreet and parking areas. Eagle River V,'ater & Sanitation Distnct Braun Associates, Inc.10 _ Aur4ialystq I i,,l The proposed plan will improve the uaffic conditions and flow in tle area. Snowcats will be removed from Forest Road thus reducing conflicts vrith residential traffic and il pedestrians in that area. The proposed plant facility includes adeguately sized parking tj areas and ddve aisles to accommodate the uses proposed on-site including the occasional use for public parking on weekends. Adequate snow storage areas ere n planned on site. LJ n D. Efect upon the cbaracter of the area in which the pmpond use is n bc /oca*d, inclading the scale and U bilk of tbe prEoted ute in relaion to sunvxnding unt. fl Our Analysis: LI r_! The proposed uses ate being located jn an infill area of the Town in an area tlat is t I charactetized by utility, sewice, and iight industdal uses. The proposed uses are : U identified in the Lionshead Redevelofment Master Plan as suiiabli uses for the area. l The proposed v/astevatet treatfirent plant expaasion will ailow growth to occulw'ithin ifl areas of the Town planned for deveiopment over the next 20 or more years. Thet:tLJ proposed scale of t}le structures is consistent with those commercial and indus.tdal uses found in the area.i-t i,l LJ RilL:J ra1 l l ht T r I H n l, ,ll.I Eaqle River Water & Sanitatioa District il Bmun Associates, loc U i.t i__r fV. Rezoning Criteria Below is the codified criteria used by the stafd the Planning and Environmental Comrnission, and the Town Council when reviewing a request for a rezoning. The cdteria have been addressed and we find that the proposal firlly complies vrith each criterion. b. The extent to ahicb tbe qone distict amendment is conistent yrith all the applicable e bments of the adop*d goak, objectiaes and polides oatlined in the Vail Conpnbensiue Plan and is conpatibb with tbc dcaelopment objutiws of the Tow. Our Analysis: Ttre proposed zone district is consistent with tle historic use of the propeffy and the adjacent propeltv. The proposed zone district is consistent with the VaiI Comprehensive Plan as this area is identified for public uses such as utilities. The Lionshead Redevelopment Master PIan recognizes t-h.is area as a potential site for the e>'pansion of the wastev'ater treab:nent plant and the relocated snowcat access route. The proposed expansion will improve rhe capacity of the teatment facility which will allow the Tov,n to achieve its redevelopment goals in Lionshead and elsewhere in the Town. The extent to which the qone d.istict amendmmt is suitable witb the existing ard potential land uses on the sia and eisting and patential sarmanding land uses at set ofi in the Town't adcrpnd phnning Our Analysis: Tlle proposed zonng and land use desigrration is compatible and suitable with adjacent land uses. The amendment v'ill allow an extension of the existirg westewater treatfnelt facility, the construction of a 1gv/ drinkirig wxter treafinent plan! and w-ill create a more direct route for snovrcats accessing Vail Mountain. The Lionshead Redevelopment Master Plan identifies this area for these type of uses. The extent to whicb tbe qone distict amendmeflt prerentt a barnonioas, conaenient, workable relatianthip among land uses consistent uith nunicipal dtaelopment objectiret. Our Analysis: As stated above, ttre ptoposed use of the ptoperty is consistent and compatible srith tle nerghborhood and will provide for a har:nonious relationship to the adjacent land uses. The character and scale of the proposed faciiities vrjll be controiled by the Town t}:rough the conditional use process to ensrxe that potential development wili be compatible w:th n e.ighboring uses. ** Eagle Rir,'er Water & Sanitation District Braun Associates. Inc.12 ii I L] l:-:t U I ll ,l 3. U I I n t' I IJ E il L,r u J The extent to wbich the qone dislict amendnent pmuidesfor the growth of an order! dable commaniE and dtes not tonstitute spot qoning as tbe amendment Jener tbe best intcn$t of the tommunig, as a atho/e. Our Ana\'sis: The proposed rezoning is a logical extension of the existing land uses on the subject property and on neighboring propeties. The uses and development limitations will be established through the conditional use process and v'ill ensure ttre development of an ordedy viable community. Th. proposed land uses are in the overall interest of the communiry given the need for utility facilities. The extent to wbicb the 4one dirtid amendment ret ts in aduerse or benefcial brpacts on the nataral environment, indtding bal not limited to water quali!, air qaaliy, noise, aegetation, riparian cotridtrr, hillsides and other deirabh nalaral featrns. Our Anal]'sis: The proposed rezoning will have litde impact on the natural environment of the site or the Town as a whole. The site itself does not contain any urrique natural qualities other than being located adjacent to Gore Creek. The proposed site is currendy developed w-ith the Old Town Shops, previously owned by the Town of Vai\ which includes pawing and grading of the entie site. Measures will be taken to improve the drainage and vegetative qualicies of the site. The extent to uhich tbe qone distict amendment is consistent aith the purplfti 0f the proposed qone dittict. Our Analysis: The proposed zone district is consistent ,*'ittr t}re purposes of the General Use zone district. Additionally, the proposed land use for the propertv is a utility faciJity, snortr'cat access route, and public parking v'hich are perrnitted by the proposed zone district by conditional use permit. The proposed zone distdct u'ill allorr,' for adequate lighg air, and open spaces and allow for development of public or quasi-public uses harmonious with the neighborhood and community as a whole. The extent to v.,hich tbe qone distict amendment dtmonstrales how conditiotts haue changed ince tbe qoning duignation of the subjut pmpertJ par adEnd and is no longer @pmpriah. Our AnalI,sis: The needs of tbe community have grown over the last 30 years tlus creating the need for utfities to keep pace vrith gtov,th of tle atea. The proposed rezoning will allow the expansion of the adjacent wastewater treatrrent faciliw and the construction of a new &inking water treatrnent faciliry. The existing zoning designations are no longer apptopriate given the cufiert development of tle parcels. ! l:,1 Eagle fuver Water & Sanitation Drstrict Braun Associates, Inc. v. h. Sacb otherfactors and ninia at the Commision andf or Coancil dun applicable to tbe proporcd nqoning. Our Anal)'sis: None provided. Subdivision Criteria The burden of proof shall rest rx'ith the appJicant to shoqz that the application is in compliaoce v"ith the intent and purposes of this Chapter, the Zoning Ordinance and otler pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendadons made by public agencies, utility companies and other agencies consulted undet subsection 13-3-3C above. The Planning and Environmental Comrnission shall review the application and consider its appropdateness in regard to Town policies relating to subdivision contol, densities proposed, regulations, ordinances and resolutions and otler applicable documerrts, environ'nental integdw and compatibility vith the sutrounding land uses and other applicable documents, effects on the aesthetics of tle Town. Analltit: Tbe pmpo:ed subdiuision complies ntitb Title 1.t and Title 12 of tbe Toan cod.e. Tbe pmposed zset are conistent uith thc qoningpmpuedJor the ite at p,ell and witli the eittingniliry tmins and light indastial ues in the ndghborhood. Tbe pmposa! vi// not haue a&terse impacts on the entironment as euidenced in tbe Enyiroxmental Inpaa Report rr,lbnitted aitb lhe applications for this sitt. Tbe proposed parnl iry it coni ent and caffrpatibh with tbe deuelopment patternt in the area and atith the General Use qom di$ict. Deuelopment uitbin tlre pmPlred Parcel ui// be sabject to the Town's deign grifuliner and standards and tbus willpmno* the aestltetics detind b1 the Toitn. Refer to tbe subdiaiion plat and dte deuehpment drawing in nQpon oJ the subdiuision application. Eagle River Water & Sanitation Disrict Braun Associates, Inc.14 -,. ,l L-J t. :l j VI. Land Use Plan/Master Plan Goals f,. 1.1 Below is a list of goals ftom the Vail Land Use Plan and Lionshead Redevelopment Master Plan tlat are applicable to the District's ptoject. The ptoposed development plan, conditional use permits, and i-l rezoning requests are consistent w'ith these goals as ttre proposal is responding to t}e needs of the Ll community arrd is being developed in an area where development is currently located and anticipated by the Vail I-and Use Plan. il t t,lU r,a!l.tIJ L:J u tl fi H n U l.,l IJ tl:lt -'l IJ !'-.t E 1. General Growth/Development 1.1 Vail should continue to gfow in a controlled environmeng apintaining a balance between tesidential com:nercial and recreational uses to serve both the visitor and the petmanent resident. 7.2 The quality of the eovfuonment iaduding air, riater and ottrer naturd resources should be protected as the Town grows. j 1.3 The quality of development should be maintained and upgraded wheoevet possible. , 1.12 Vail should accommo&te most of tle additional growth in existing developed areas :r (infill areas). 6. Community Services 6.7 Seryices should keep pace with increased growh. 6.2 The Town of Vail should play a role in future developmeot through balancing grovrtl with services. Lionsbead Redevelooment Master Plan 5.18 Old Town Shops "The old town shops site has been targeted fox z vaiety of uses throughout the master planning process, induding employee housing, expansion of the Vail sanitation plant, and Vail Associates mouatain services. These uses may be appropriate for the site, but they are not compatible. Input ftom the Eagle Rivet lfater and Sanitation District suggests that the property \rill most likely be used for expaasion of ttre sanitatioo plant and the VA service yard-" Eagie River Water & Sanitation Distna ll Bra-un Associates, Inc. U t,li.l t) 5.17 \7est Darv Lot/ \rail Associates Service Yard/ Holy Cross Site (Excerpt) ".... a snow cat access toute to the mountain could be developed tbrough the old town shops site and across the river to the Cascade Ho ski trail." Eagle Rir,-er \)i'arer & Sa-nitation District Braun Associates. 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EliI aa : 1 i ro E\.6\F\g\ J V,':;I --a{ .\\i ,'effir-*-.".lii'I\rrt\\\\\" -di ".*( i\'' r?'--''effit, $tr \ :'rl\I r i\ffi -ap; Klj I I s\TF ,1ffi l--"-*Z ===-\1(,Ioi.-----''-"\_\N \i5g\t\l s\\\ \'\ sffffsffffl*ffff* " \ ' FE' \ ', 'll_ EgJ€-"lli .,gEr \ ', ll' *'13:"\ i "ll gl?i' \ ?liE\ fi:lor \ 462-r\ U8EE z) 6t tEittgutih5 a t! h sE R: \l ?E = 6 ; =' i 1 z>o SOir =l)-)EpEi,Ou)FZZ .1, 1, iri;1.;ll Attachment F Vqil Wqsfe Wqter Treqtment Plont Upgrode qnd Drinking Woler Focility Exponsion Environmentql lmPocl RePort September 9, 2003 j i l PrePored for Eogle River Woiei ond Sqniiotion District 846 Forest Roqd Voil, Cotorqdo 81657 PrePored bY Hydrosphere Resource Consullonfs' 1OO2 Wqlnul Street, Suife 200 Boulder, Colorodo 80302 TABLE OF CONTENTS I 7 INTRODUCTION (12-12-5 C, D AND E)........................13 3.1 Hydrologic Conditions (12-12-4 A 1) .............. .........13 3.1.1 Surface Water............ ...................13 3.1.2 Groundwater ..........15 3.1.3 Water Quality .........16 3.2 Atmospheric Conditions (12-124 A 2) .............. .......17 3.3 Geologic Conditions (12-12-4 A 3).............. .............18 3.4 Biotic Conditions (12-12-4 A 4).............. ..................19 3.4.1 Vegetation.... ..........19 3.4.2 Threatened, Endangered, Proposed, and Candidate Species .........................20 3.4.3 Stream Ecosystem and Riparian Habitat.......... ........................21 3.5 OtherEnvironmentalConditions(12-12-4A5).............. ................22 3.5.1 Petroleum Contamination................... ...............22 3.6 Visual Conditions (12-12-4 A 6).............. .................23 3.7 Land Use Conditions (12-12-4 A 7).............. ............23 3.8 Circulation and Transportation Conditions (12-12-4 A 8) ....................................23 3.9 Populations Characteristics (12-12-4 A 9).............. .........................24 4 SUMMARY (12-124 B)................. ........24 4.1 Unavoidable Adverse Effects ..............24 J J l I.) Vail Water and Wastewater Facilities Environmental Impact Report Page ii 4.2 Proposed Mitigation Measures ............24 4.3 Possible Altematives.. ..........................25 4.4 Short and Long Term Uses of the Environment............. .................26 4.5 Irreversible Environmental Changes ..........................26 4.6 Grov"th Inducing Impacts ....................26 5 REFERENCES.......... .......26 TABLES Table 1: Vail WWTP Effluent Results Table 2: Soil Layer Information .................... l2 Table 3: Dowd Junction Pump Station Sampling Results ......................... l6 Table 4: National Ambient Air Quality Standards .............. 17 Table 5: Threatened, Endangered, Proposed and Candidate Species in Eagle County...20 Table 6: Altemative Treatment and Disinfection Processes for the Vail DWF .............. 25 FIGURES Figure 1: Water Supply and Wastewater Treatment System Schematic ........................... 2 Figure 2: Old Town Shops building ................... ...................4 Figure 3: Gore Creek ............... I I Figure 4: Old Town Shops Properly .............. 14 APPENDICES Site Plan Demarcating Existing Facility Footprint and the Proposed Expansion Actifloc'' Proposed Drinking Water Treatment System Brochure.......APPENDIX B Colorado Water Quality Control Division Letter Approving the Co-location of Vail WWTP and DWF ..............APP8NDIX C Possible Structural and Non-Structural Erosion and Sediment Control Practices .................. APPENDIX D ft_t I "t I I :] .l J 1 Introduction The Eagle River Water and Sanitation District (the "Disnict") proposes to expand the Vail wastewater treatment plant and develop of a new raw water treatment plant. These facilities would be located on a parcel of land adjacent to the existing wastewater freatment plant at the intersection of Forest Road and South Frontage Road. The District intends to implement the project in fwo phases- Phase i includes the expansion of the District's physical facilities. New construction would provide the space needed to expand the wastewater treatment plant and install a new drinking water treatment facility (D\\tr). Installation of DWF equipment and commencement of operations would occur in Phase 2. This Environmental Impact Report follows the report content requirements of Chapter 12 of the Town of Vail Code. Town of Vail sections and sub-sections are referenced in parenthesis in report headings, with minor organizational modifications specific to this project when necessary. 2 Generql Stqtement (1 2-12-5 B) 2.1 Project Owner/Sponsor (12-12-5 B) The Eagle River Water and Sanitation District proposes upgrading their existing Vail wastewater treatment facilities. The project also includes the addition of a drinking water treatment facility and new raw water source. The District provides water and wastewater utilities to approximately 54,400 acres in Eagle Counfy. The towns of Vail, Minturn, and Avon, and the mixed-use developments served by Arrowhead, Beaver Creek, Berry Creek, Eagle-Vail, Edwards, Traer Creek, Holland Creek, Bachelor Gulch (Smith Creek), and Squaw Creek (Cordillera) Metropolitan Districts are included within District boundaries. The District currently manages systems that serve 22,522 water and 22,973 wastewater single-family equivalent units (SFEs). While the District's permanent population is estimated to be approximately 20,000, its population during peak season exceeds 40,500 residents due to the influx of temporary residents for recreation and tourism purposes during the winter and summer seasons. 2.2 Proposed Project Description and Purpose (12-12-5 Bl The proposed plant expansion and upgrade would enable the District to serve future deveiopment and to provide redundant water supply and treatment facilities and optimize system operations in the Vaii Valley. The proposed project includes: Vail Water and Wastewater Facilities Environmental Impact Report Page2 1. Expansion of the current Vail facilily onto an adjacent parcel imrnediately to the west, which is owned by the District. 2. Upgrade of the current wasteu'ater treatnent plant (WWTP) to provide additional secondary clarifier capacity. This *,ould supplement the function of the two existing circular secondary clarifiers and provide greater operational flexibiliry for the activated siudge process. 3. The construction of a new drinking water treatment facility. The source of raw water would be an existing diversion at the confluence of Gore Creek and the Eagle fuver. The new water source would be connected to the water teatment plant by an existing pumping facility and pipeline currentiy used for snowmaking at the Vail lr4ountain ski area. A scbematic of the water supply and ',\'astewater ffeatment system is presented in Fizure 1. Figure l: Water Supply and Wastewater Treatment System Schematic 2.3 Funding Source and Time Schedule (12-12-5 B\ Engineering and preliminary work for the proposed project is funded through the District fund balance at this time. Once the design plan, which is currently il a preliminary phase, has been hnalized and project costs determined, bonds would be issued. Construction is targeted to begin in the spring of 2004 with a constmction period of an estimated 2i0 days. Prior to construction an existing structure, the Old Town Shops building, will be removed from the proposed project site. Demolition of this building is scheduled for completion in the fall of 2003. | ,-"'*,no- Y wrt.r hom T--n.*d J"."$"r -l ro wator DistribudonEagl.iivor I InlrxorndPump I na* wete. I vallDwr'tstmn! | pot.rr.w"t", I vattowl xtgt' I system.nd Gorr I sr.tion | - | procr:s | - | s€rvic. pumDiho I -t | ------7 t t- | | ---- Itn.wihrhosyitem) | | (propo6!d) | | (Efstrns) I(sourcr) I I Procetr vj.3t. w.t.r * Coll€ction Syslsm-* Dlsch!.9€ to + ,.j I ..J I]I .J Vail Water and Wastewater Facilities Environmental Impact Report Page 3 2.4 Project Boundaries (12-12-5 B 1) The current Vail WWTP is a three-story, 50,500 square foot facility located in Eagle County within the corporate limits of the Town of Vail, Colorado, at 846 Forest Road. The proposed project includes the expansion of the District's Vail facilities on their current lot and an adjacent parcei immediately to the west. South Frontage Road runs parallel to I-70 and defines the northem boundary ofthe existing and proposed facilities. The site is bordered by Forest Road to the east and Gore Creek to the south. To the west of the proposed site there is a gas station and an auto repair garage. 2.5 Present and Proposed Site Uses (12-12-5 B 2) 2.5.1 Physical Facilities Current Facility The District's current facility houses administrative offices as well as the Vail WWTP, and accommodates 29 employees. Current vehicle access to the site is from Forest Road (parking for District employees and the general public and access to the District's administrative offices). The site and a general maintenance area for operations personnel may also be accessed via South Frontage Road. Vehicle parking is located to the east and west of the existing building. The larger, western parking area is built at ground level above the current WWTP. Three fleet vehicles are stored at night and approximately 25 vehicles are parked during the workday. Proposed Facility Expansion The existing facility footprint and the proposed expansion are demarcated in the site plan (Appendix A). The District owns the project site. The Old Town Shops property, which is approximately 0.51 acres, was purchased by the District in2002. The proposed site presently houses a single 3,930 square foot abandoned strucfure, the Old Town Shops (Fig. 2), which is scheduled to be demolished by the fall of 2003. Pre-demolition asbestos removal from the building was completed on April 14,20031 . Air monitoring by Boulder Environmental Management found the site to be negative for asbestos content. Lead sampling performed by Boulder Environmental Management on February 14,2003 found that no building components were toxic for lead. Testing results are on file with the Town of Vail. l i I.t r Asbeslos removal was done by American Abatement Inc. ofDenver, Colorado. Vail Water and Waste$'ater Facilities Environmental Impact Report Page 4 Figure 2: Old Town Shops building (slated for demolition, facing northwest) The site has an estimated 145 feet of frontage along South Frontage Road and is bordered to the south by approximately 180 feet along Gore Creek. The property drops about l2 feet from the Frontage Road and the bank adjacent to the creek is also very steep. The rear of the lot is generally flat (Doty and Associates, 2002). New building construction would extend to the west of District's existing facilities, adding approximateiy 12,900 square feet to their current 50,500 square feet. The addition and improvement of asphalted areas would also occur along the westem and southem boundaries of the properfy. A parking lot for approximately 60 vehicles, located on the roofofthe expanded faciliry, would be accessed by both South Frontage Road and Forest Road. The proposed building expansion would include space for a new water treatment facility and the addition of two additional secondary clarifiers for the WWTP. Descriptions of the proposed water treatment and u'aste.*'ater treatment processes are provided in the following sections of this report. Vail Resorts has proposed a bridge across Gore Creek to the southwest of the Districts' facilities with access along the westem boundary of the site. This bridge is not a part of this proposal but is included in the site plan (Appendix A) to insure that the District's and Vail Resorts' proposals are compatible. The preliminary site plan for the bridge, prepared by Alpine Engineering, would allow Vail Resorts to bypass residential areas along Forest Road u'hen accessing the ski area from their shop yard on the north side of the South Frontage Road. The new route would take snow cats and other ski area maintenance traffic across Frontage Road, past the District's facilities and across Gore Creek to the ski area. Cunently snow cats must drive down Forest Road and through a residential area to access the resort. 'l :l .J I ;-J l.) Vail Water and Wastewater Facilities Environmental Impact RePort Page 5 2.5.2 Wastewater Facilities Current Wastewater Treatment Processes The District operates three wastewater plants in the towns of Vail, Avon and Edwards. Wastewater collection within the District is done through a system of collection lines that function primarily by gravity flow with several lift stations. The District's Vail wastewater treatment plant, located in the lower level of their Vail facility, was constructed in 1969 and most recently expanded in 1982. A2002 facility upgrade increased the facility's Biological oxygen Demand (BoD) loading capaciry. Tbe Vail WWTP uses an activated sludge treatment process that consists of influent screening followed by aeration basins that can be operated in series or parallel. Flow from the aeration basins is then conveyed into secondary clarifiers, which in turn discharge into nitrification basins. These basins discharge to ultra violet disinfection facilities before discharging into Gore Creek. Solids resulting from the wastewater trearmenr process are pumped to the Avon plant for treatrnent where residual sludge is digested and a Class "A" biosolids produced. The current Vail W-WTP hydraulic design capacity is: 2.7 million gallons per day (MGD) maximum 30-day average daily flow 4.2 MGD maximum daily flow 5.4 MGD peak hourly flow. Table I shows recent 12-month effluent characteristics for the Vail WWTP. Plant effluent was well within permit limits for all parameters. The Vail WWTP is currently operating effectively and has been consistently meeting all applicable watel quality standards. Table 1: VaiIWWTP Effluent Results (Source: Eagle fuver Water and Sanitation District) Permit Limits 2002 2003 30 day May Jun Jul Aug sep Oct Nov Dec Jan Feb Mar APT BOD5 (me/L)30 J 9 5 12 I3 l0 9 9 TSS (mg/L) 30 o 7 8 l0 5 5 IJ20 l4 IJ il Fecal Coliforms )bu 2 2 8 0 J 1 2 l0 1 '1 t4 8 Ammonia (nilL)See below <0.1 0.1 0.0 0.1 0.0 <0. I 0.1 0.9 0.30.2 0.1 0.1 Ammonia Permit Limit (mp1L) NA 1/l 3.5 2-)2.11.5 2.4 2.2 2.1 2.0 Flow (MGD) 2.7 1.58 r.69 1.641.40 Ll8 1.01 1.09 l.)J t.f J |.54 1.68 l.) / Vail Water and Wasteu,ater Facilities Environmental Irrpact Report Page 6 Proposed Expansion and Upgrade of Wastewater Treatment Facilities The proposed project is designed to increase wastewater treatment capacity at the curent plant in response to planned development in Lionshead and Vail Village, as well as anticipated stricter State effluent limits for nitrate and phosphorus. The project includes additional secondary clarifiers, which would increase plant capacity without changing the processes used at the plant or the quaiity ofthe effluent. The point of discharge to Gore Creek is adjacent to the WWTP near the confluence of Red Sandstone Creek and would not be changed under the proposed project. The District believes it would be able to handle the additionai loading that will result from redevelopment within the Town of Vail u'ith minimal modifications that include the addition oftwo secondary clarifiers. The project objectives for the new secondary clarifi er project include: r Provide additional secondary clarifier capacity to permit future operation of the Vail activated sludge system as a single sludge system for biological nutrient removal. r Improve the operational flexibility associated vyith the activated siudge system by providing a wide range of operational configurations and loadings with regard to the secondary clarification and rerum sludge pumping. The new secondary clarifiers would be located in the building expansion to the rvest and south ofthe existing clarifiers. The projected hydraulic design capacity for the proposed project is: 3.5 MGD maximum 30-day average daily flow 5.6 MGD maximum daily flow 7.0 MGD peak hourly flow. Once the clarifiers have been constructed. piping, refurn siudge pumps, scum collection and pumping equipment, and sludge removal equipment would be installed. Operational improvements to the WWTP would also include improved automation and better aeration blower control. 2.5.3 Water Treatment Plant Current Drinking Water Treatment System The District provides water service from East Vail to Dowd Junction through eight wells located in the Gore Creek alluvial aquifer, one surface treatment 1.0 MGD plant located in East Vail and 57 miles of fransmission lines. Four groundwater wells, approximateiy i00 feet deep, are located in the area around the Vail golfcourse and can produce approximately 7.3 MGD. Three groundwater wells, approximately 60 feet deep, are located in the Matterhorn area of West Vail and can produce approximately 1.0 MGD. Weli water is high qualilv and requires only the addition of chlorine at the well .J .l I,J l t-J 'l I -. J I I ) Vail Water and Wastewater Facilities Environmental Impact Report PageT head to meet drinking *'ater standards. A water system interconnection at Dowd Junction is shared with the Upper Eagle Regional Water Authority and sewes an altemative backup source capable of providing 1.2 MGD. Construction of Water Treatment Plant and Addition of Raw Water Source The District proposes constructing a new 3.0 MGD drinking water treafrnent facility in conjunction with the District's facility expansion. The purpose of the DWF is to provide increased capacity and to decrease reliance on upstream wells during low flow periods, thereby enhancing stream flows in Gore Creek through the Town of Vail and downstream to the mouth of Gore Creek. Redundancv allows optimization of source utilization and water quality. The system schematic shown in Figure I illustrates the manner in which the new facilities would be integrated into the system. Raw water from the confluence of the Eagle River and Gore Creek would be pumped to the new drinking water treatment facility, which would include filtration, disinfection, pumping, and ancillary equipment. Backwash and other wastewater generated by the proposed water treatment plant would be treated at the Vail WWTP, before being discharged to Gore Creek. Potable water would enter the existing domestic water distribution system for the Town of Vail. The proposed project would utilize an existing diversion structure at Dowd Junction (at the confluence ofthe Eagle River and Gore Creek) to provide an additional source of raw water. Vail Resorts currently owns, operates, and maintains the intake and pump station at Dowd Junction, along with an existing 12-inch raw water pipeline for the purpose of snowmaking. Water diverted from the Eagle fuver is conveyed through the pipeline, which is buried on the north side of Gore Creek, to a booster pump station on the south bank of Gore Creek across from the District's facilities. This pipeline is used to convey water for snowmaking from November through January. The District would have use of the pipeline during the majoriry of the year when it is not being used for snowmaking. This existing infrastructure presents an opportunity for the District to reduce costs and minimize environmental impacts that would be associated with the construction ofa new intake and pipeline. Phase I of the District's proposed project includes building the structure, which would house the future water heatrnent facility. The acrual installation and operation of the DWF would occur within the next few years. Preliminary design calculations and process evaluations, necessary to determine building specifications, were completed by Brown and Caldwell (Brown and Caldwell, 2003). The water quality data provided in Table 2 were used to determine the required treatment technologies for the Vail DWF. These preliminary specifications suggest three parameters of particular interest: . Iron and Manganese Removal . Contact Time Requirements r Turbidity Vaii Water and Wastewater Facilities Environmental Impact RePort Page 8 Several alternative processes were screened for a new 3.0 MGD DWF (Brown and Caldwell, 2003). Two criteria were considered, prior to costing^ including site and space requirements and proven operation at similar installations. A cost comparison was then made for alternatives that passed the initial screening. ActiflocrM (a conventional contact clarification process) was recommended as the best water featment option. This decision was based upon the ability of the Actifloc rM process (see Appendii B) to treat variable raw water turbidity, remove iron and manganese, and provide sustained and competitive life-cycle costs' Recommended process includes the following base components: . Feedwater Flow Meters r Testing of Pre-Ozonation for Iron / Manganese Oxidation . Actifloc rM Process o Air Blowers . Washwater Pumps . Chemical Feed SYstems . UV- Primary Disinfection . on-Site Sodium Hypochlorite Generation for Residual Disinfection . Finished Water Booster PumPs . Instrumentation and Control Ultraviolet (UV) disinfection and on-site sodium hypochlorite generation were selected for primary disinfection and residual chlorination, respectively. Site constraints require that the proposed DWF be co-located with the W]VTP in the new building structure. This is a unique situation because drinking water and wasteu,ater treaiment facilities are usually placed at separate locations. To insure that the drinking water and \t astewater facilities are isolated from one another, a series of protective measures have been developed (Brown and Caldwell' 2003)- The Colorado Water Quality Control Division has accepted the colocation of the WWTP and the DWI (see Appendix C) provided the following mitigation steps are implemented: . Piping for raw and finished water will enter the DWT on the west side, away from and above all sewers in the area. . The building containment for the DWF will be isolated by use of dual x'alls with a space between, and leakage from the space will be collected' detected, and sent to the WWTP. Detection of water in the space between the facilities will cause an alarm and could result in facility shutdown' i-. Vail Water and Wastewater Facilities Environmental Impact Report Page 9 ) I The two facilities will have separate HVAC systems, with the WWTP controlled at a negative air pressure, and the DWF at a positive air pressure. Sensors and motorized dampers will positively control differential pressure. The fresh air intake for the DWI building will be on the west side, and the exhaust/odor control system for the WWTP will be on the southeast side. Tbe only entryway going from the MtrITP to the DWF will be a sealed door with a positive closer, set into the wall above the maximum flood level of the WWTP, with stairs on both sides. The WWTP has a positive maximum water level, based on overflow piping that will send water to the interceptor to the Avon WWTP at a specified level. Facility operators will be certified in both water and wastewater, and will be trained so they fully understand the dangers of contamination. A new laboratory area will be installed, which will allow District staffto better control and monitor the quality of their work. 2.6 Present and Proposed Zoning of the Site (12-12-5 B 3) The parcel on which the District's curent facility is located is zoned General Use. The recently purchased Old Town Shops parcel is zoned Lionshead Mixed Use 2 and Outdoor Recreation. The District proposes to rezone all of this land to General Use. The developments sunounding the proposed project Ne Ne commercial, light industrial, municipal and residential. 2.7 Quantitative Information (12-12-5 B 4) Quantitative information regarding the proposed project can be found above in "Present and Proposed Site Uses" and below in the "Environmental Inventory and Impact Type and Analysis" section. 2.8 Applicable Regulations and Permitting (12-12-5 B 5) A summary of regulations/permitting affecting the District's proposed WWTP expansion and new DWF are presented below. The District anticipates that the proposed project would meet all applicable federal, state and local regulations. 1. Town of Vail L l. Building Permit: A building permit for the proposed project will be required by the Town of Vail. 't II I.1i:l I .J .J I Vail Water and Wastewater Facilities Environmental lmpact Report Page 10 I .2. Design Review Board Anplication Aoproval: Approval by the Town of Vail's Design Review Board will be required for the proposed project. 1.3. Conditional Use Permit: The Planning and Environmental Commission must review and approve the Environmental Impact Report for the project to insure compatibility and harmonious development between conditional uses and surrounding properties and the Town of Vail at large. Colorado Department of Public HeaLth and Environment 2.1 . Waste Water Treatment Plant Site Approval: The Water Quality Control Division must review and approve plans and specifications for wastewater facilities. This permit is not required for Phase 1 (see Appendix C). 2.2. Drinkine Water Faciliqv Site Approval: The Water Quality Control Division must review and approve plans and specifications for drinking water facilities. This permit is not required for Phase I (see Appendix C). 2.3. Drinkins Water Treatment Plant Site Aporoval: Colorado Discharee Permit System (CDPS) Construction Dewatering Wastewater Discharge Permit: This permit is required for discharges associated with construction site dewatering, if necessary due to groundwater infiltration or stonnwater. This permit is fypically applied for by, and issued to, the construction contractor. 2.4. CDPS Water Treatment Plant Wastewater Permil This permit is required by all water treafrnent plant wastewater dischargers. Under the proposed project, the increase in plant capacity will require that the District's current wastewater discharge permit (number CO-003-731 1) be updated. 2.5. CDPS Stormwater Discharee Permit: The district currently has a stormwater discharge permit on frle with the State. This permit will need to be updated once the proposed project is completed to address changes in stormwater management at the current and proposed site. Colorado Department of Transportation 3.1. Highway Access Permit: The Colorado Department of Transportation regulates vehicle access to or from any public highway. The proposed project will change the entrance to the South Frontage Road and will require a Highway Access Permit. Copies of Maps, Development Plans and Other Documents (12-12-5 B 6) The following documents are included as Appendices to this report: .j 3. 2.9 Vail Water and Wastewater Facilities Environmental Impact Report Page I I Site Plan Demarcating Existing Facility Footprint and the Proposed Expansion. Actiflocru Proposed Drinking Water Treatment System Brochure. Colorado Water Quality Control Division Letter Approving the Co-location of Vail WWTP and DWF. Possible Structural and Non-Structural Erosion and Sediment Control Practices. 2.10 Proximity to Water Bodies (12-12-5 B 7) The project site is in close proximity to Gore Creek, which borders the southem edge ofthe District's current and proposed facilify sites. The Gore Creek 100-year flood plain is approximately 2 horizontal feet from the boundary of the proposed project site (see Appendix A). A steep streambank, with an approximate 20-foot drop, separates the creek from the site (Fig. 3). Figure 3: Gore Creek Gore Creek (eastward orientation) as it flows by the District's current facilities seen to the left. The Forest Road Bridge and pedestrian bridge can be seen crossing the creek. 2.11 Soif Types ('12-12-5 B 8) The following information is based upon Soil Conservation Service State Soil Geographic Database (STATSGO) data regarding the dominant soil composition in the B. C. D. ,t I:'-i J I ..1 : j I i rJ IJ .J Vail Water and Wastewater Faciiities Environmental Impact Report Page 12 area ofthe proposed project Q{ational Resource Conservation Service. 2002). Table 2 provides interpretations of three soil layers. Soii Component Name: MACFARLANE Soil Surface Texture: very stony - sandy loam Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately course textures. Soil Drainage Class: Well drained. Soils have intermediate u'ater holding capacity. Depth to water table is more than 6 feet. Hydric Status: Soil does not meet the requirements for a hydric soil. Corrosion Potential - Uncoated Steel: Moderate Table 2: Soil Layer Information The following additional subordinant soil types may appear within the general area of the proposed project bases upon Soil Conserv'ation Service STATSGO data. Soil Laver Information Boundary Classification Layer UpperLower Soil Texture Class AASHTO Group Unitied Soil Permeabilitv Rate (in/hr) Soil Reaction (pH) I0 inches l8 inches very slony - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silty Grave I Max: 6.00 Min: 2.00 Max: "r.30 Min: 5.60 2 r8 inches 40 inches very stony - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silry Gravel Max:6.00 Min:2.00 Max: 7.80 Min: 5.60 40 inches OU inches very stony - sandy loam Granular materials (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silty Gravel Max: 6.00 Min:2.00 Max: 7.80 Min: 5.60 at ,l i,l !-l I J I Vail Water and Wasteu,ater Facilities Environmentai Impact Report Page 13 Soil Surface Textures: stony - sandy loam, unweathered bedrock, Ioam, very stony - loam, fragmental material. Surficial Soil Types: stony - sandy loam, unweathered bedrock, loam, very stony - loam, fragmental material. Shallow Soil Types: no other soil rypes. Deeper Soil Types: weathered bedrock, unweathered bedrock, very gravelly - loamy sand, very gravelly - sandy loam, fragmental material. 3 Environmentql Inventory qnd lmpoct Type ond Anolysis (12-1 2-5 C, D ond E) 3.1 Hydrof ogic Conditions (12-124 A 1) 3.1.1 Surface Water Existing Conditions Gore Creek drains approximately 100 square miles and is the primary source of water supply for the Town of Vail and the Vail Ski Area. The mean annual stream flow in Gore Creek at its mouth is 129 cubic feet per second (cfs) for a total discharge averaging93,790 acre-feetperyear. Peakflowsduringspringrunoff canreach l,850cfs during the month of June, while the lowest recorded flows are approximately I I cfs during the months of January and February (U.S. Geological Survey, 2002). As previously described, the water supply for the Town of Vail is diverted primarily from Gore Creek via an alluvial well field located near the confluence of Booth Creek. Water use in Vail consists primarily of commercial and domestic uses, lawn irrigation and golf course irrigation. The water supply for restaurants and ottrer facilities located on Vail Mountain is obtained from wells and Mill Creek. Mill Creek &ains the north side of Vail Mountain and is a major tributary of Gore Creek. Water supply for snowmaking on Vail Mountain is taken from Gore Creek (below the Vaii Wastervater Treatment Plant outfall near the confluence ofRed Sandstone Creek) and from the diversion facility located at Dowd Junction. To protect instream flows during low flow conditions, snowmaking diversions from Gore Creek are limited to the amount of effluent being discharged from the WWTP. Total projected water depletions from Gore Creek for the Town of Vail and the Vail Ski Area at full development are expected to reach 2,557 acre-feet per vear. Vail Water and Wasteu'ater Facilities Environmental Impact Report Page 14 Under existing conditions, surface u'ater mnoff and erosion at the project site may impact Gore Creek. The ground surface ofthe current and proposed sites has been highly. modified by grading, construction of structures, and paving, resulting in the establishment of an impermeable surface. Along the southem edge of the OId Town Shops property, there are currently no measures in place to prevent sand, gravel and other debris from falling into the creek (Fig. a). At the District's current facility, stormwater runoff is directed through a drain on the southwest part of the property before flowing directly into Gore Creek. Ourfalls are inspected tu'ice annuali.r, to ensuie thai they aie fiee of debris. Figure 4: Old Town Shops Property Analysis of lmpacts The proposed project includes an additional source ofraw water, pumped from Gore Creek and the Eagle River at Down Junction. This new drinking water source would have a positive impact on Gore Creek stream flows and water qualit-v. Dowd Junction, rather than water from the wells in East Vail could be pumped during low flow months, leaving water in Gore Creek betrveen the well fields and Dowd Junction. The proposed proj ect would not affect the stream channel or raise the level of the 1O0-year flood plain. Several improvements in stormwater management and erosion control would be made to the site under the proposed project. Following construction plan approval, temporary stormwater and erosion controls would be installed. Appropriate best management practices (BMPs) to reduce the amount of sediment and stormwater transported to Gore Creek would be selected to remain in place until permanent Vail Water and Wastewater Facilities Environmental Impact Report Page 15 stormwater controls are constructed and final project acceptance has been granted. BMPs are designed to: e minimize the amount of disturbed soil, r prevent stormwater runoff, r capture sediment, provide a buffer zone between the construction site and Gore Creek, o temporarily stabilize soils during construction, and ' i . revegetate and permanently stabilize soils post-construction. .J Examples of BMPs that would be utilized where applicable are presented intl Appendix D. These are examples of both permanent and temporary, as well as structuralJ and non-structural, measures that could be employed dwing and after constmction. I After construction, stormwater runoff from the driveway and parking areas would be routed through a drain on the southwest corner of the properfy. All traffic and parking eas would be asphalted, decreasing the amount of sand and gravel in runoff. ' 3.1.2 Groundwater !-..I Existing Conditions .J Exploratory drilling at various sites in the Town of Vail has confirmed the presence , I of groundwater at varying depth throughout the area. At the site of the proposed project, i J the groundwater table is expected to be closely associated with Gore Creek. Analysis of lmpacts During construction it is likely that groundwater would be encountered in areas i "*cavated for construction of the building foundation and pumping would be required tol.J dewater the excavated area. It would be necessary to create a settling basin or sump area to collect groundwater, which would then be pumped into Gore Creek. This would result' ] in some reduction in the elevation of the gloundwater tabie during construction in theiJ area surrounding the site. There are no wells present in the surrounded area that would be affected by a change in the groundwater table. This impact would be temporary because groundwater levels would return to normal following constnrction. The construction contractor would obtain a discharge permit from the Colorado I Water Quality Control Division for construction dewatering and would be required to) smploy best management practices to meet water quality standards. Vail Water and Wastewater Facilities Environmental Impact Report Page 16 3.1.3 Water Quality Existing Condrtions The Colorado Water Qualiry Control Commission has classified Gore Creek for the following uses: Class I cold water aquatic life, dornestic water supply, Class 1 recreation and irrigation. The Eagle fuver from Beldon downstream to the confluence with the Colorado River (Colorado Deparlment of Public Health and Environment, 2002) has the same classified uses as Gore Creek. Water quality samples from the Dowd Junction pulnp station, which are a mixture of Eagle River and Gore Creek water, were collected between December 2002 and April 2003 (Brown and Caldwell, 2003). The results are presented in Table 3. Iron and manganese levels in the Eagle River are elevated due to the Eagle Mine Superfund site located above Mintum. All other parameters met standards. A single analysis, conducted on April 17,2003, for Giardia and Cryptosporidiurn, was negative. Table 3: Dowd Junction Pump Station Sampling Results (Brown and Caldwell, 2003) Though pump station samples for iron and manganese at times exceeded drinking water table value standards of 0.3 mg/L and 0.05 mg/L, respectively, these standards exist for aesthetic purposes and not for health reasons. A new water supply, or "WS", standard for iron, manganese and sulfate has recently been adopted by the Colorado Waler Quality Control Commission (WQCC) to provide greater flexibility regarding these constituents. Except where the WQCC has adopted site specific standards, the least restrictive ofthe existing quality as ofJanuary 1, 2000 or the table value standards, applies to waters with a WS designation. Regarding the Dowd Junction pump station water, ambient conditions are the least restrictive, and will become the new WS standard, precluding future exceedences. Results 12/4/021/74/03 7/n /03 3/11/03 4/7/03 Iron 0.25 mg/L 0.57 nl,g/L 0.33 mg/L 0.11 mg/L 0.20 mg/L Manganese0.069 mg/L 0.20 mg/L 0.17 mg/L nrq -- /T 0.033 mgll- TOC < 1.0 1.3 mg/L <1.0 < 1.0 <1.0 A]kaliniw l ne -^ /T 100 mg/L 118 130 mg/L Hardness laA ^- /l 1,90 mg/L 162mg/L222mg/L 22a mg/L PH 8.1 8.5 8.0 1.9 7.6 Turbidity 2.16 NTU 1,7 NTU 1,5 NTUi.9 NTU 1.8 NTU Temperature 4.0'c 4.0"c 4.00c4.5"C /.U-L Vail Water and Wastewater Facilities Environmental Impact Report Page 17 Analysis of lmpacts Under the proposed project, tbe District would continue providing potable water to the Town of Vail that meets all applicable drinking water standards. WWTP effluent standards would be maintained, preserving the water quality of Gore Creek down to the confluence with the Eagle River. Operation of the new raw water treatment facility would result in water quality improvements on Gore Creek. During periods when domestic water is being diverted at the Dowd Junction intake facility, there would be an equivalent reduction in the amount of water being pumped from the East Vail wells. This would result in an increase in stream flows in a 7-mile section of Gore Creek from the vicinity of the Vail Golf Course downstream to the Eagle River. During winter months, when flows in Gore Creek are at their lowest levels, the amount of improvement could be significant. For example, during the month of February, the flow in Gore Creek above the Vail W-WTP outfall is typically in the range of 10 to 12 cfs. Operation of the intake faciliry at Dowd Junction could increase flows in Gore Creek by up to 4.6 cfs. This increase in flow would provide additional dilution capaciry to the stream, resulting in a reduction in the concentrations of pollutants from urban runoff and other sources. 3.2 Atmospheric Conditions (12-124 A2') : , j Existing Conditions . I The U.S. Environmental Protection Agency (EPA) and the Colorado Department ofj Health, Air Quality Control Division have established air quality standards to protect public health and the environment. The National Ambient Air Quality Standards i rl 0.{AAQS) adopted by EPA and the Colorado Air Quality Control Commission are i,J presented in Table 4- Table 4: National Ambient Air Quality Standards i I Pollutant Averaging Time Concentration Carbon Monoxide t hour+35 ppm (40 mgim3) 8 hour+9 ppm (10 mg/m3) Fine Particulate Matter (PM: s) ** Annual arithmetic mean .l ) Fg/m- 24 hour*o) Fgi m- Resoirable Particulate Matter Annual arithmetic mean )u Fg/m- (PMro)24 hour+150 pglm3 * Concentration not to be exceeded more than one time per year in averaging time. ** The PM 2.5 srandard is included for information only. A 1999 federal coun ruling blocked implementation of this standard, which EPA proposed in 1997. (htg:i/urv*'.epa.gov/tm/oarpg/naaqsfin/) :l 'l l J I Vail Water and Wasteu'ater Facilities Environmental Impact Report Carbon monoxide and particulate matter are t\4'o out of six principal pollutants, or criteria pollutants. Areas which violate the NAAQS for one or more of the six criteria pollutants2 are classified by EPA as non-attainment areas. According to the most recent USA Air Quality Non-attainment Areas list (U.S. Environmental Protection Agency, 2003), Eagle County is neither included in the Non-Attainment Area for carbon monoxide nor in the Non-Attainment Area for particulate matter. According to the EPA National Emission Trends [NET) database3, which includes pollutants'levels at county monitoring stations, particulate matter in Eagle County is currently below the NAAQS. The District's current WWTP processes minimize odors and emissions from the Vail plant. Additionaily, the District pumps solids from the Vail WWTP to their Avon plant for treatment, greatl.v diminishing the potential for odors. Negative pressure ls maintained in the Vail W\ rf P to prevent air from escaping. A series of fans and ducts conveys air away from the wastewater treafment area. Ozone is then iniected into the ducfvork, effectively neutralizing odors. Analvsis of lmDacts Foi purposeS of this proposed project, air pollutants of concem rvould be carbon monoxide and fine particulate matter (PM2 5) from fuel combustion in motor vehicles, and respirable particulate matter (PM16) or fugitive dust from construction activities and wind erosion from disturbed areas. Afmospheric impacts would be minimized, in part, through the implementation of erosion control methods as listed under the "Hydrologic Conditions" section above. In addition, PMro and fugitive dust from construction activities and u,ind erosion from disturbed areas would be minimal as all access roads are paved. Sprayed water would be applied to unpaved fransportation areas during construction. Post-construction, the proposed project would result in no changes in odors or emissions and the odor control system would be upgraded with the addition of new equipment. 3.3 Geologic Conditions (12-124 A3) Existing Condrtions The Town of Vail is siruated in a structural trough that stretches from Vaii Pass to McCoy in north central Eagle County. Elevations in the vicinity of Vail range from 7,726 feet at Dowd Junction to approximately 13,230 feet along the Gore Range. The bedrock underlying all of Vail Mountain and the adjacent Gore Creek Valley is the Minturn Formation of the Pennsylvanian age. The formation is primarily sedimentary I The six criteria pollutants are: Carbon monoxide, Nitrogen dioxide, Ozone, Lead, Particulate maner, and Sulfur dioxide. ?-. ,.--. .J The NTT da:abase reolaces the fonner AIRS darabase. :l I:I Vail Water and Wastewater Facilities Environmental Impact Report Page 19 rock consisting of interfingering lenticular beds of sandstone, siltstone, shale and congiomerate, within which laterally persistent limestone and dolomite marker beds occur. Soils throughout the area are formed from these sedimentary materials with a predominance of medium and coarse grained, poorly sorted sands. During the quaternary period, several large valley glaciers were present within the Gore Creek Valley which gouged out the lower valley floor, forming steep cliffs. Oversteepening of the lower valley wall and deepening of the valley itself removed upslope support for large sections of formational bedrock which dipped towards the valley axis. Eventually, large bedrock dip-slope landslides began to occur as glacial ice, temporarily buttressing the dipping bedrock masses, melted away (Vail Resorts, Inc., 1e86). The geology surrounding the District's treatment facility includes modified land- surface deposits. Landscaping has extensively modified the land surface in the Town of Vail. Artificial fil1 deposits are present both south and north of I-70 and throughout the I- 70 corridor. Specific information regarding the soil types found in the vicinity of the proposed project can be found under the "Soil Types" section above. The current streambank along the southern edge ofthe project site (Figs. 3 and 4) is extremely steep with sparse grass and willow cover. A 2003 geotechnical study by HP Geotech (HP Geotech, 2003) of the site found no indications of significant slope movement along the streambank. Analysis of lmpacts The 2003 geotechnical report referenced above suggests that project excavation would provide an opportunity to reconstruct the embankment with structural material and boulders or mechanically stabilized earth (MSE). If the embankment is not excavated, the report recommends that bank stability be evaluated during construction. The streambank, which is on Town of Vail property, would not be changed by the proposed project. 3.4 Biotic Conditions (12-124 A4') 3.4.1 Vegetation Existing Conditions Vegetation is limited primarily to noxious weeds in the area surrounding the existing and proposed site because much ofthe site is paved and gravel surfaces. Sparse grass and willo'*'s are located along the steep stream bank bordering Gore Creek and the District's facilities (Figs. 3 and 4). .-J .J Vail Water and Wastewater Facilities Environmental Impact Report Page 20 Analysis of lmpacts Under the proposed project, site vegetation would be improved in conjunction with landscaping. Vegetation to the south of Gore Creek, primarily coniferous forest, would not be disturbed by the proposed project. 3.4.2 Threatened, Endangered, Proposed, and Candidate Species Existing Conditions The U.S. Fish and Wildlife Service federally listed and candidate species list (U.S. Fish and Wildlife Service, 2003) was used to determine the threatened, endangered, proposed and candidate species that occur or may occur in Eagle County. Table 5 provides a list ofspecies and their status in Eagle County. Table 5: Threatened, Endangered, Proposed and Candidate Species in Eagle County Species ThreatenedEndangered Proposed Candidate Bald eagle, Haliaeetus leucocephalus x Gunnison sage-grouse, Centrocercus minimus x Yellow-billed cu ckoo, C o ccyzus americanus X Black-footed fenel, Mus tela nigripes x Canada ivnx. Lvnx canadensis X Bonytail, Gila elesans x Colorado pikemirnow, P tychochei lus Iucius X Humpback Chub. Gila cvoha x Razorback sucket. Xwauchen texanus x Uncompahgre fritillary butterfly, Boloria acrocnema x Boreal road. Bu{o boreas boreas X There is no suitable habitat for anv ofthese sDecies at the site. Analysis of lmpacts The project site is within the hunting range ofthe bald eagle. The boreal toad can be found in the Gore Creek drainage running through the Vail Golf Course, upstream from the proposed project: The project is not expected to impact any of these species, as the site does not contain suitable habitat for anv ofthe species listed in Table 4. "' 't Vail Water and Wastewater Facilities Environmental Impact Report Page 27 3.4.3 Stream Ecosystem and Riparian Habitat Existing Conditions Water qualify throughout the Gore Creek drainage is generally high, although there is sorne degradation from nonpoint sources of poilution including runoff from I-70 and urbanized areas. In the vicinity ofthe proposed project, the stream has been channelized to accommodate the Forest Road Bridge to the east, buildings and parking lot to the north, and the bike path to the south (Fig. 3). The bike path bridge crosses the stream at the site of the existing WWTP. The stream has a very steep, sloped bank and riprap shoreline with sparse willows. There is a gas station located immediately north of Gore Creek to the west of the proposed project. A drop strucfure and pump station for Vail snowmaking is located across from the proposed project on the southern bank of Gore Creek. The lower reach of Gore Creek. extending from Forest Road Bridge downstream approximately 4 miles to the Eagle fuver, has been designated as a Gold Medal Fishery by Colorado Division of Wildlife (DOW). DOW classifies those streams u,'ith at least 40 pounds of trout and 12 fish over 14 inches in length per surface acre as Gold Medal trout streams. A 2000 fish survey by the DOW found 45 trout over 14 inches per acre in Gore Creek just below the WWTP and 73 trout over 14 inches per acre in the reach immediately above the Eagle fuver confluence (Colorado Division of Wildlife, 2000). This section of Gore Creek has a good distribution of pool and riffle habitat with cover for fish provided by large boulders and overhanging shoreline vegetation. The Gold Medal reach of Gore Creek provides opportunities to catch large frout and is an important recreational resource for the Town of Vail and Eagle County. The Vail WWTP discharges directly into Gore Creek just above the confluence of Red Sandstone Creek. Plant effluent complies with all discharge regulations and provides an important source of nutrients in the Gold Medal reach. At one time copper in effluent waters, originating in one of the District's source wells and from corrosion of pipes, was a concern. Fish are very sensitive to dissolved copper at low concentrations and the wastewater freatrnent plant does not remove copper. The impact on human health was not an issue because concentrations were well below drinking water standards. The District addressed the elevated copper concentrations by adding corrosion inhibitors and a sequestering agent to Vail's drinking water and by minimizing the use of the one well known to be a source of copper. These methods have proven effective in maintaining copper concentrations within waste load limits and below aquatic life standards and would not change under the proposed project. Analysis of lmpacts During the construction phase of the proposed project, best management pracrices would be used for soil stabilization, erosion prevention, and protection of the riparian area adjacent to the construction site (see "Hydrologic Conditions" and "Geologic Conditions" above). f-l I J ,] .J :l Vail Water and Wastewater Facilities Environmental Impact Report Page 22 Post-construction erosion control BMP's would be implemented to prevent sand other debris &om the ing areas and driveways from entering the creek. These the risk of contamination entering the creek from the project site. Use of the Dowd Junction intake as a source of raw water would enhance Gore Creek streamflows due to wells in East Vail being operated less frequently. 3.5 Other Environmental Conditions ('12-12-4 A 5) 3.5.1 PetroleumContamination Existing Conditions The site of the proposed project is adjacent to a gasoline retail and automotive repair garage, Al environmental assessment (Doty and Associates, 2002) of the parcel on which the proposed facility expansion would occur found that there was evidence of subsurface petroleum contamination. This contamination is believed to have originated from the gasoline and automotive station. Extensive remediation efforts have been made, including a soil vapor extractiorVair sparge system that operates on a portion ofthe site adjacent to the westem boundary of the proposed project. Remediation efforts have effectively reduced groundwater concentrations ofstandard gasoline compounds (benzene, toluene, ethybenzene and total xylenes). Benzene remains detectable in one well on the project site at a concentration of 0.97 p,glL, which is significantly less than the Colorado groundwater standard of 5.0 p,g[- (Doty and Associates, 2002). The environmental report suggests that there may be residual soil contamination on the property, at depths of 10 to 18 feet below the existing gtound. Chevron (which owned the adjacent gasoline retail facility until 1989) began a groundwater study in May of 2003 to further cbaracteize and monitor possible contaminants. Analysis of lmpacts On the proposed project site, soil samples will be collected during the demolition of the Old Town Shops building to determine if residual soil contamination exists. In the event that the results of these tests determile remedial action is necessary, the District will comply with all federal, state and local regulations regarding soil removal and disposal, and dewatering during construction. i -: .J ,i I ;J Vail Water and Wastewater Facilities Environmental lmpact Report Page23 3.6 Visuaf Conditions (12-124 A 6) Existing Conditions The site ofthe proposed facilitv expansion is currently occupied by the abandoned and rundown Old Town Shops building and is used for parking. Under existing conditions, the building and the site have not been maintained and the visual appearance of the site is degraded (Fig. 2) and not consistent with the surrounding area. As shown in Figures 3 and4, there is no barrier along the edge ofthe parking area above Gore Creek. Gravel and debris from the parking area has accumulated on the embankment above Gore Creek and prevented the establishment of adequate vegetation to prevent erosion. This area is quite degraded from the more natural appearance of Gore Creek in many other areas and is highly visible from the bike path. Analysis of lmpacts Under the proposed project visual conditions of the site would be greatly improved. The Old Town Shops building will be removed and replaced by a new building and landscaping that meet the requirements of the Vail Design Review Board and Town of Vail Code. 3.7 Land Use Conditions ('12-124 A7l Existing Conditions The District's current facility is zoned General Use. The Old Town Shops parcel is zoned Lionshead Mixed Use 2 and Outdoor Recreation. Surrounding areas have recreational, mixed commercial and industrial uses. The bike trail crosses and runs along the southem bank of Gore Creek in the vicinity of the WWTP. The Vail Shop Yard is located across the South Frontage Road and a gas station and an auto repair garage is to the west. Town of Vail open space is located on both sides of Gore Creek to the east of Forest Road. Analysis of lmpacts Under the proposed project there would be no changes in land uses to the site and surrounding areas. The District proposes to rezone all ofthe proposed project parcels to General Use. 3.8 Circulation and Transportation Conditions (12-124 Ag) Existing Conditions Currently the District's facility houses their administrative offices and the Vail wastewater piant and accommodates 29 employees. Administrative offices are accessed Vail Water and Wastewater Facilities Environmental Impact Report Page24 from Forest Road. Deliveries and operational staff access the faciliW via the South Frontage Road. Analysis of lmpacts The District's administative offices would continue to be accessed from Forest Road. The South Frontage Road entrance would be improved to provide access to the new building and rooftop parking. Deliveries would continue to be via South Frontage Road. The District does not anticipate an increased frequency ofdeliveries ofsupplies, though quantities may increase. During construction there would be an increase in traffic due to construction vehicles and crews at the site. The District anticipates hiring one addifional DWT operations staff member under the proposed project, which would resuit in a minimal increase in site traffic. 3.9 Populations Characteristics (12-124 A 9) Existing Conditions There are no residential units at or adjacent to the site ofthe proposed project. Analysis of lmpacts No changes in the population characteristics of the site or surrounding areas are anticipated under the proposed project. 4 Summory (1 2-12-4 B) 4.1 Unavoidable Adverse Effects The potential adverse effects ofthe proposed project would be temporary effects would include increased traffic, dust, noise, vehicle emissions and sedimentation from storm events. 4.2 Proposed Mitigation Measures Best management practices would be utilized to minimize adverse impacts during construction. BMPs would be designed to: reduce noise and traffic, minimize dust, aftenuate stormwater runoff, capture sediment, provide a buffer zone between the construction site and Gore Creek, temporarily stabilize soils during construction, and revegetate and permanently stabilize soils post-construction. 1 1 i l Ir.J !lr.lrl IJ 'I I iJ Vail Water and Wastewater Facilities Environmental Impact Report Page25 The rnain access for construction traffic to the site would be from South Frontage Road. This will require an access permit from the Colorado Department of Transportation (CDOT). CDOT will require that the contractor develop a traffic management plan to insure safety and to minimize delays and inconvenience to local traffic. In addition the hours of consffuction may be iimited by the Town of Vail to limit noise and construction traffic. 4.3 PossibleAlternatives The proposed site location was selected for a variety of reasons. The Disrrict's Vail wastewater collection system has been designed and built around their current WWTP facility. The cost and technical complications that would be associated with developing a second WWTP on a different site would be prohibitive. There are very few available building sites in the Town of Vail and the disused Old Town Shops parcel was available and is conveniently adjacent to the District's WWTP. The proposed DWF would take advantage of existing infrastructure associated with the Dowd Junction snowmaking intake and pipeline to convey water to the project site. An analysis of alternative drinking water treatment technologies was completed by Brown and Caldwell (Brown and Caldwell, 2003). Iron and manganese concenfrations, contact time requirements and turbidity, as well as site constraints, were the primary factors that were used in evaluating alternatives. The ActiflocrM treatment process and ultraviolet disinfection and on-site sodium hypochlorite generation were selected. Altemative processes that were evaluated are presented in Table 6. Table 6: Alternative Treatment and Disinfection Processes for the Vail DWF (Brown and Caldwell, 2003) Potential Drinking Water Treatment Processes Conventional Jle2tmsns-Qlaviw Filtration Conventio na-l Tsg2gnsnl-p195 sure Filtration ConventionalTls2ungil-f6ntactClarification (e.g.,ACTIFLOCrM) ConventionalJlg2tmenl-AclsorptiveClarification (e.g.,TRIDENTrM) Slow Sand Filtration Membrane Fi.lttation Potential Drinking Water Disinfection Processes Gaseous Chlorine Bulk Sodium Hvoochlorite On-site Sodium Hroochlorite Chlorine Dioxide Ozonadon Ultraviolet Disinfection Vail Water and Wasteu'ater Facilities Environmental Impact Report Page26 4.4 Short and Long Term Uses of the Environment Construction activities would result in the short term impacts and nuisance factors described under "Unavoidable Adverse Effects" above. The result would be an improved rzn'ater supply and.*'astewater faciiity that would be operated in a manner that enhances and protects instream flows through the Town of Vail and the Gold Medal reach of Gore Creek, providing a long term benefit to the aquatic environment. In addition, the proposed project would increase the reliability and flexibility of the water supply and wastewater systems that serve the Town of Vail. 4.5 lrreversible Environmental Changes Irreversible environmental changes at the project site and in surrounding areas have already occurred. As described in this report, the proposed project would result in improvements at the site and to WWTP and DWF operations, providing a benefit to the Town of Vail and to Gore Creek. 4.6 Growth lnducing lmpacts The Distict's Vail faciliry upgrade and expansion has been proposed in response to planned growth in the Town of Vail. The project is designed to address increases in demand for water and wastewater services that will be generated by the planned Lionshead redevelopment and other proposed projects. This development will include a five-star luxury hotel, a convention center, riverfront townhomes and more than 400 additional "hot beds", 50,000 square feet of retail space, and a small number of single family home sites (Tou,'n of Vail, 2003). The proposed project is in response to growth and would not be growth inducing. 5 References Brown and Caldu'eIl, 2003. Vail Drinking Water Facility Engineering Evaluation. Prepared for the Eagle River Water and Sanitation District. Colorado Department of Public Health and Environment,2002. Water Quality Control Commission, Regulation No. 31, The Basic Standards and Methodologies for Surface Water (5 CCR 1002-31). Doty and Associates, 2002. Phase i Environmental Assessment OId Town Shop, 890 South Frontage Road, Vail, Colorado. Prepared for the Eagle River Water and Sanitation District. Coiorado Division of Wildlife, 2000. Gore Creek Fish Survey Data. Provided by Bill Andree Vail Water and Wastewater Facilities Environmental Impact Report Page27 HP Geotech, 2003. Comments Regarding Existhg Steep Slope and Retaining Wall Conditions, Proposed Addition to Wastewater Treatment Plant, South Frontage Road, Vail, Colorado. Glenwood Springs, Colorado. National Resource Conservation Service, 2002. National STATSGO Database, http : //www.ftw.nrcs.usda. gov/stat_data.html. Town of Vail, 2003. Lionshead Redevelopment Website htto ://ci.vail.co.us/subpage.asp?page id=23 3 U.S. Environmental Protection Agency, 2003. Green Book Currently Designated Nonattainment Areas for All Criteria Pollutants, http ://www. epa. sov/oarloaops/greenbk/ancl3.htrnl. U.S. Fish and Wildlife Service, 2003. Federally Listed and Candidate Species and Their Status in Colorado. Ecological Services, Colorado Field Office. U.S. Geological Survey, 2002. Water Resources Data Colorado Water Year, 2002. USGS Water-Data Report CO-02-2, National Technical Information Service, Springfield Virginia. Vail Resorts, Inc., 1986. Preliminary Surficial Geologic Mapping and Slope Stability Studv of the Vail Ski Area. 'l -J .,J APPENDIX A SITE PLAN DEMARCATL.,]NG EXISTING FACILITY FOOTPRINT AND THE PROPOSED EXPANSION :' l i,] I,?-- ' NiY I ..J tlii GENERAL I'JOTES: lFqg^FS F6 rhE uoisltE^D RElE\,fL(pr/ExT PROJECr tEHI6HER II'AN A-L IHE GTW)€S SHOUI IjEREN. r1 i,J ,l l.) .J I I "J I ..J tt';r;i' t,t'iiiiE ii 'lBIr fF PARxtrtC O€O< - 8o9ao2 GR)- ato{.!g t!*} +.ffi's,TFf; Tm;?,iE # iR.{,,iffJtEqug'i tNE fotT f w 1(RovD c us no{w^y 6. tl stjilffJ+l;YHgFlic ^lio FFopqsED Flrrr fiE i + -qqq-u!c o{ 2o{Nc (cohf,Ra^r NouslRta?) r}En€A arloxc sEIaAo( 6 ^T teasr 20 Fnot ftE fRq{T^cE9. cRADt{c rs gto$t q! T}tE ADJ c€tr pioFErft c trtsT^no{, P€R'{SSO{ rS REorrFO IO CRAOE O{ AN\€NE BFREEA'Y r11; ri, t;- .'. PHA:SE r S:TE | PRCYEI,|ENTS ctvtL SITE PLAN -------E=-iIG- oa.rE ____-_iffiiirffiEai_ D rE _ APPENDIX B ACTIFLocTM pRoposE DRn\rKn{c wAfnn TREATMENT SYSTEM BROCI{URE INTRODUCING ACTIFLOC", THE EFFECTIVETY TREATS TURBIDITY NEW PRE. EN GI N EE RE D PTANT THAT 5 PIKES UP TO 3OOO NTU. Design llow is lor o h,vo tcnk syslern. Being modulor ollows muhi-ple tonk designs onC eo5y fuiure exponsron. A SIMP.E SYSTEM IOP DIFFICUI- WATERS The pre-engineered Actifloc svstem consistently del ivers high-qualiry drinking water. The planr is designed ro treat surface water wi*r high color, high TOC or high turbidiry - up to I,000 NTU, with spikes up to 3,000 NTU. Enginee red for agility, the system offers quick che mical opdmization and instantaneous sran-up and shut-down. It is especiallv suired for the follou'ing appl.icarions: H ighlv turb;d u'are r. High color and/or high TOC. Hi"h ,1"". 1"t'"1._ _'lt" -'5-- '- -_". Cold water. Flash)'warers with rapidly fluctuating Ia\r' \r'atet sources. Facilides w'ith space restrictions that demand a smail footprint . Planrs rhat frequenrly start up and shur down, rcquiring quick oprimizarion ro reach steady-state il t'1 ,l 'l A,N INNOVATIVE COMBINATION OF TECHNOTOGIES HIGH P€RFORMANC€ THAT'S HIGHTY The Actifloc ueatment process combines the Actifloc clarification process and the Microfloc Mixcd Media filtcr, which is supported by ric new SCUBA" block underdrain. Actiflor A proven clarification tech- nology, the Actiflo process uscs a microsand ballast that firnctions as a seed, enhancing floc formation and setding. Raw water enters the coagulation unk, where chemical coagulant and efficient mixing are used to destabilizc suspended solids and colloidal matter. Polymcr and microsand are added in the injection tank. The trcatment continues as the water flows to th€ maturation tank, where conditions arc ideal for the formation of polymer "bridgcs" betwcen the microsand, floc and destabilized suspended solids. The fully ballasted floc senlc out rapidly in the senling tank and are removed from the treated watcr. $?ater th€n passes . through lamellar senling tubes and onto the filtration stagc. High microsand solids loading stabilizes the process when the flow rate, rurbidity or temp€rarure fluctuatcs rap.idly. Derention time is very short and the response to changcs in chemical dosage is very rapid (10-1J minutcs), allowing the process to rcach a sready operationai starc in less rhan 30 minutcs. 14116d il{s.lie. Developed by Microfloc, Mixed Media filrrarion is cxrrcmelv effective on ough-to-treat watcn. E'en under extreme spike loading, rhc combination of Mixed Media filtration and Actiflo darification allows the Actifloc systcm to resist break rhrough by Cryptosporidium and Giardia Lamblia and provides a consistent high quality effluent. '! .l : I The Actifloc plant offers a sable sysrem with a compact footprint and reduced chemical use. Typical overflow rates as high as 30 gpm/ft2 allow system footprints to be much smaller than conventional systems of similar capaciry. The intense mixine and microsand contact reduce rhe use of chemicals, allowing significant (rypicdly 20-50o/o) chemical savings compared to oth€r darification processes. Actifloc is available in modular tank designs with capacities of0.25, 0.5, 1 and 2 MGD. EFfICIENT OTHER WATER TR.EATMENT PRODUCTS If it's in the uatcl, lur tngincered proceses and. equipmtnt tafl ukt it out, economicalll and /epndab$ Our comprehmsiuc Enc includzs solutions m simph and cornpbx waw treatmmt and conditioning nceds, all bachcd b7 working installations and Tears of cxpericnce, Our knc inclutrcs: I Adsorprion Clarificrso I CONTMFLOo solids contact darificrs I SPIMCONEo sludge blanket clarificn I Sludge Sucker" sludge removal system I Sludgc thickeners I Verdcal and horizontal pressurc fihers I Ae rators I A.ERAJATIRo packaged rrearnent I Acdfloc" pre-engineercd watcr plant I MULTTITASHo Filtration Process I Graviry filuarion cquipment f MULIICRITE" II monolithic undcr- drain system I SCUBA" block underdrain system f FJSD" filtcr washtroughs and launder syste ms '$ I Memcof CMF treatrnent USFilter producr and processes for warer and wastewater trcauncnt arc prorecred by parents issued and pending in thc Unired Srares and orher counrles. To find out more abour how to put USFilter to work for you, contact us at Mcrncor, Microfloc, and General Filrcr lroducrs 600 Arrasnirh Thil Ames, IA 50010 515.232.4121 phonc 515.212.2171 fsx 441 Main Street PO. Box 36 Sturbtidge, MA 01566 508.347 .7344 phonc 508.347 .7049 fax 21i8 Greenspriog Drive Sccond Floor Timonium, MD 21093 1.800.MEMCOR pbonc 410.56r.3017 far For more informarion, visit our web site at w tuu. ut at e r. u sf h er. c o m @ 2000 USElrcr "VIVINDIwaterco.poi./ Vrtical Prcssrc Fihcn Srcc! Gravity Fiha CenTROL" Filtration $ncm Microfh F Tiidcnt' nstcm MF-AF.B R-O6OO :i APPENDIX C COLORADO WATER QUALITY CONTROL DIVISION LETTER APPROVIING TIIE CO-LOCATION OF VAIL WWTP AND DWF :') 'I I 't 1iJ I 1 l STATE OF COLORADO nij.tt'! ta Ntt.lLns E d l4po'i'g *< Idlt sl !,t\tt?,'ntnl aJlrb. PcPi. oJ e)oena 9i1l Ov.rrs, Gm:ruor DL:5lss E Ealevcrto, Ea*ivt Dirtrffi G.oC Juoa:co Rlgisr.d O.6cc fl.2 S. 6"' Sr.. Rm ?32 Grzrd ir:actirtr CO 81501-2768 .Far (970) 2,6-719t h,t V : /f*s*, c Cp he szaa ca, us Colgtidc DcFlrlr,€f or ruDllc tL:|.llJl agd Eqrsrror N{uch 6, 2003 9mrql and Caldtrdl Aror-: Ivt. David Myers 1697 Cole Bhd., Suitc 200 Croldea CO 80401 F,el Bnilding Co nstructionllo egtiol for I'utttre V'a! lVder Trea{meut Plant, PWSD# 119802, Eaglc CountY Dear trft. Myers: TXe proposai to locate a lcw drlrkirrg rrrair:r trstrncnl p)aut adjacelt to the oristiqg wa-<tervater tealrDsnt platrt is !'ail wes rccciycd ln a lcttl:r datcd Janr:a'y 2 9,2003. lFhis issuc \ ?s al6o discusscd at a Eeeting oa Janua-y 3, 2003 inDeavcr- This is a rmigue siluation bu i-'i yow pf. sposal you harc addressed our rn my conccrns, In additjog t:is new pla&t is one of :ruly 1trsr sert'e tbc conurnity rud sbouid a problem arise, the plart could ie itolalrC u,htre continuiag to provide sefl'jce The proposcd los:tioa fc,r tbe new watr treatrnrat plant is accqrteble to tb.e Divisiorr Prrovidcd Lhe Bi:re bdleted rnrtigetion steps pteseated in yorrr lctlcr -"rc jroplcracrrttd. It ir ou: usd=rsbnd:ng tr.t at tbs rimc, oaly thc tcatnent buitding is b be consvr:cted. Tac Division has no per:-dt or rppro'wJ rcquirumeqts fsr ths buildilg consrucfiol. A corplete sulniinJ, rcview aod apgoval process for tbe drirkirg watcr tealment plart rntll bc rcguircd *.hco you gei to this stage. Iiyou have any fimler questioas plcasc cogael i€ at (970) U8-7144- Siacoely, Z"--a/ 4 ZJ-*--/ MarkA. K,adauc\ P.E. D'irnchg Water Inginccr Tccbrljcsj. S crrrices Unit Ti aivr Qr::lity Contol Dvisiorr CC: Bcb'Irucblood,.ERWSD, E46 ForestRi., vail, CO 8165? Steve Slilsoq ERWSD, 846 Iorert Rd., Vail, CO 8:657 Toin Scbaffrr, P-E., Tech.lical S:ntcas Uniq \\'QCD Qlerq Bodnar, P-E., Tecbnical Scrviees Unil WQCD Jim Crubrillo, P-E, D.E., -foci::rical Scr',iccc l.jnir, -\ 'QCD Toa Bcaactq Tcai-,nicll Senices Uait, WQCD APPENDIX D POSSIBLE STRUCTI.IRAL AND NON-STRUCTTIRAL EROSION AND SEDIMENT CONTROL PRACTICES Structural Erosion and Sediment Control Practices Stormwater/Erosion Control Practice Drainage Swale Shaliow, excavated channel to intercept and divert overland flow. Temporary measure which may be lined or unlined. May divert upslope water away from site and/or capture and divert downsteam runoff from the site to a sediment frap. Interceptor Dike Temporary ridge of compacted soil used to intercept and diven overland flow. Used in conj unction u,ith Drainage slva1es. Perimeter of site (full or partial). Temporary Storm Drain Diversion Temporary pipe, which routes an existing drain to a new location to accommodate construction activities. Existing storm drain is in disturbed area. Pipe Slope Drain Temporary pipe to transfer runoff through and unstable area. Used in conjunction with controls listed above. Unstable slopes w'here it is difficuit to divert runoff around disturbed area. Surface Drains Buried perforated pipe(s) used to intercept ground'*'ater and dewater sarurated soils subject to slippage or where saturated soiti maj pieveni the growth of certain fypes of vegetation. Used as both temporary and Dermanent control measures. Excessively wet sloping soiis. High water table areas. Unsuitable for shallow soils or under travS]edareas, Silt Fence Temporary fence of fiiter fabric, rvith lorver edge buried. Controls sediment kansport, reduces speed of runoff and captures *'indbloum sediment and debris. Boffom or mid-slope locations. Appendix D: Possible Structural and Non-Structural Erosion and Sediment Control Practices + Gravel or Stone Filter Berm Temporary ridge of loose gravel, stone or crushed rock to slow and filter runoff flows witlun exoosed traffic areas. Gentle slopes u'here roads and other rights of way under construction must accommodate traffic or at traffic areas within the constmctlon slte. Straw Bale Barriers Temporary hay or straw bales staked down and partially bedded in native soi1. Used to slow and filter direct runoff. Downslope and sideslope of disrurbed areas. Within drainage swales or small drainagewavs. Sediment Trap Temporary earthen embankrnent across low area or drainage swale, with or without a small excavated basin upstream, with an uncontrolled outlet or spillway constructed of large stones or aggegate. Used to slow the release of runoff allowing most of silt to settle. Used in conjunction with and at the lower end of other contol measwes, such as dikes, swales, slope drains, construction entrances, and vehicle wash areas. Sediment Basis Setthng pond rvith a contolled stormwater release structure. Used to collect and store runoff fiom constucfion activities so that the maj ority of sediment settles out. Used as both a temporary and peffnanent confol measure. Generally used for disturbed area greater than 5 acres in size in conjunction with other control measures. Topography dependent. Not for use in active streams. Outlet Protection Stone, riprap, confiete, or paved aprons below storm drarn outlets used to reduce .the speed of concenhated storm water flows, thereby reducing erosion and scour. Used as both temporary and permanent control measwes Directly below pipe, interceptor dike, swale, or channel section outlets and above the receivins channel. Check Dams Sma1l temporary dams of rock, sandbags, or 1ogs, similar to sediment traps but of more pemanent construction. Used Steeply sloped swales or small open channels. Other locations where it is not possible 1o divert the flow or I J to lower the speed of concentrated flou's to reduce downsteam erosion and allow sediments to settle out. Used as both temporary and Dermanerlt confol measure. otherwrse stabilize the channel. \Jt vv v E,D, us/PrlJDr(,rrD, vl olvP! that run parallel to the contours of the land. Used to reduce the speed of overland runofi increase infiltration, and trap sediment. Used as both temporary and permanent control measure. .t1.ll ulstut ug(J DruPED, immediately aft er grading activities have ceased. Specific method (grooves, steps, etc.) depends on slope, mowing requiranents, and available equipment. Gradient Terraces and Cross- slooe Water Bars Permanent earth embankments or ridges and channels constructed along the face of a slope at regular intervals. Used to reduce erosion damage and to direct runoff to a stable outlet. Long, steep slopes subj ect to erosion problems. Not suitable for rocky or sandy soils. Clear Water Bypass Temporary pipeline used to convey water through disturbed site during construction. Stream Crossings French Drains.Permanent underground piping to dry out saturated soils. Wet Areas t :.l Non-Structural Erosion and Sediment Control Practices Control Practice . Temporary Seeding Seeding of disturbed areas with a uniform fast growing gtass mixture such as rye grass to minimize erosion during construction delays. Disturbed areas awaiting further construction or permanent revegetation. Spoil piles if removal or reuse will be delayed. Topsoil stock piles. Permanent Seeding and Planting Revegetation seeding and / or planting and fertilization if disturbed areas with a designed mixture of native plant species to provide long- term, permanent soil stabilization after all construction activities have been completed. All disturbed areas. Mulching Placement of grass, hay, woodchips, bark, straw or gravel over bare or reseeded soil surfaces to reduce the speed of storm water runoff, hold seed, fertiiizers, and topsoil in place, and protecl newly seeded areas from exEeme temperatures. Disturbed areas exceeding 4: I slope- Disturbed areas exposed to windy moisfure, or hot and dry conditions. Mulch on slopes exceeding 2:1 may require a binder, netting, or tackifier to hold it in place. Geotextiles Porous woven fabrics of synthetic (plastic, glass) or biodegradable (ute, wood fiber, cotton) material. Used as matting to stabilize flows n charurels and s'w'ales. and to protect seedlings on planted siopes. Used as netting material to hold mulch in place on seeded areas. Any disturbed area where permanent stabilization via revegetation is desired. Channels and swales where revegetation is difficult or not expected to be successful. Chemical Stabilization Soil binders of vinyl, rubber or asphalt sprayed on the soil surface to hold the soil in place. Alternative to temporary seeding where temporary seeding is ineffective due to season or climate. Locations Used l Sod Stabilization Placement of sod to provide immediate stabilization or to provide areas where storm water can infiltrate to the ground. Any disturbed area that might erode and where long lived plant cover is needed immediately. Examples include bugger zones, stream banks, dikes, swales, outlets, and filter strips. Buffer Zones Vegetative strips either newly planted or left undisturbed during construction. Used to decrease the overland velocity of storm water runoff. Any site that can support vegetation. Particularly suitable next to wetiands, along stream banks and on steeo. unstable slopes. Presen'ation of Natural Vegetation Existing trees, brush, vines, and grasses that provide natural, permanent buffer zones and long-term stabilization. Any site. Padicularly benefi cial for fl oodplains, wetlands, stream banks, steep slopes, and any area where erosion controls would be difficult to establish, install or maintain. Stream Bank Stabilization Placement of permanent riprap, gabions, concrete, log cribbing or asphalt to prevent stream bank erosion from high storm water runoff volumes and flow rates. Sheambanks subject to heary erosion from increased flows or disturbance during construction, or where vegetative stabilizafion is not practical. i, Attachment: G THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on, October 27,2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Vitlage West 2nd Filing. Applicant: David Inryin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B'-2Q, Window Signs, and Section '1 1-4A- 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village l"tFiling. Applicant: A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 50'l North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block2, Vail Potato Patch 1't Filing. Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 North Frontage Road (Red Sandstone Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 1"I Filing. Applicant: AT&T Wireless Services, Inc. Planner: WarrenCampbeil A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13m Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WesVUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel \{^\O\o\' \,,I tst'^ ' A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code,to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site and a rezonlng pursuant to Section 12-3-7, Administratjon, Vail Town Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow for the ski lifts, tows, and runs located at 615 west Forest Road/unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Communi$ Development Department). A request for a minor subdivision pursuant to Chapter '1 3-4, Minor Subdivision, Vail Town Code. to allow for the replatting of Lot 31 and Tracts C & D, Vail Village znd Filing; a request to rezone\. J ot 31 and Tracts C & D, Vail Village 2nc Filing from Outdoor Recreation (OR) and Lionshead #,ffIixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a ]9?tnditional use permit pursuant to Section 12-gC-3, Conditional Uses, Vail Town Code, to allow' for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracts C & D, Vail Village 2"d Filing. Applicant: Planner: Applicant: Planner: Vail Resorts, represented by Braun Associates, Inc. Warren Campbell Eagle River Water and Sanitation District, represented by Braun Associates, Inc. Bill Gibson The applications and information aboui these proposals are available for public inspection during regutar business hours at the Town of Vail Community Development Department office, 75 South Frontigehoad. The public is invited to attend the project orientation held in the Town of Vail Community Developmenf Department office and the site visits that precede the public hearing. Please call (970) 479-2138 for additional information Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing lmpaired, for additional lnformation. This notice published in the Vail Dailv on October 10. 2003. l Vail Resorts Snowcat Access Adjacent Property Owners List September 2003 l TOWN OF VAIL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE. CO 80124 Sumt, rusrINE H. 43 SOUTH SHORE CT HILTON IIEAD ISLAND. SC 29928 l G. LOVENLLC 934 S FRONTAGE RD vArL, co 81657 l VAJL CORP POBOX 7 VAIL, CO 81658 WESTHAVEN RTALTY LLC 1127 LAKE AVE GREENWICH, CT 06831 l GLEN LYON OFFICE BI]ILDING C/OANDREWD. NORzuS 1OOO S FRONTAGE RD W STE 2OO VAIL, CO 81657 J U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 24'147 U. S. HIGHWAY 24 MINTIIRN, CO 81645 ,\^\- \)$ Eagle River Water and Sanitation District Adjacent Property Owners List September 2003 l TOWNOF VAIL 75 SOUfiI FRONTAGE ROAD vArL, co 81657 1 ADAM, NANCY SHAPIRO 49758 PRESERVE GREENWOOD VILLAGE. CO 80124 I SMITH, ruSTINEH. 43 SOUTH SHORE CT HILTON I{EAD ISLAND . SC 29928 l G. LOVENLLC 934 S FRONTAGERD vArL, co 81657 l VAIL CORP PO BOX 7 VAIL, CO 81658 'l J *E * r: L TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department October 27,2003 A requesl lor a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2nd Filing; a request lo rezone Lot 31 and Tracts C & D, Vail Village 2nd Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district, and a request for a conditional use permit pursuanl to Section 12-9G-3, Gonditional Uses, Vail Town Code, to allow for the operation of a waler and sewage trealment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracts C & D, Vail Village 2no Filing. Applicant: Eagle River Water and Sanitation District, represenled by Braun Associates, lnc.Planner: Bill Gibson SUMMARY The applicanl, Eagle River Water and Sanitation District, represented by Braun Associates, lnc., is requesting a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31 and Tracts c & D, Vail Village 2no Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2no Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permil pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operalion ol a water and sewage treatment plant and a public parking facility and structure, localed at 846 West Forest Road/Lot 31 and Tracts C & D, Vail Village 2no Filing. The proposed final plat further describes the existing properties as Lot 31, Tract C, Tract D, Parcels 1, 2, & 3, and an Unplatted Parcel. The intent of these requests is to allow for the consolidation of Eagle River Water and Sanitation Districl (ERWSD) properties and to lacilitate an expansion of the existing ERWSD water and sewage lreatment plant. Based upon staff's review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve the requested minor subdivision, approve the requested conditional use permit, and fonlrard a recommendation of approval to the Town Council of the requested rezoning, subject to the findings and conditions noted in Section lX of this memorandum. \ln{ ?e*,or, *.gocl.\ = solqo s7+cas 6,t W lop 6S 4ua il.DESCRIPTION OF REOUEST The applicant, ERWSD, represented by Braun Associates, Inc., is requesting a minor subdivision pursuanl to Chapter 13-4, Minor Subdivision, Vail Town Code, lo allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2no Filing; a request to rezone Lol 31 and Tracts C & D, Vail Village 2no Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone distric! and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operalion of a water and sewage lrealment planl and a public parking facility and struclure, located at 846 West Forest Road. A vicinity map of the site has been attached for reference (Attachment A). Rezoning The exisling ERWSD plant site is zoned General Use (GU) district. The additional ERWSD properties are currently zoned Lionshead Mixed Use-2 (LMU-2) district (i.e. Tract C and Parcel 2) and Outdoor Recreation (OR) district (i.e. Unplatted Parcel and Parcel 3). The proposed rezoning request will apply General Use (GU) zoning to all the ERWSD properties (i.e. proposed Lot 1). The General Use (GU) district allows for both waler and sewage treatment plants and for public parking facilities and structures as conditional uses. An existing zoning map has been attached for reference (Attachment B). Minor Subdivision The proposed minor subdivision request will consolidate several ERWSD owned properties into a single lot. A copy of the proposed final plat has been attached for reference (Attachment D). As noted on the proposed final plat, Lot 31 , Tract C, Tract D, Parcels 1,2, & 3, and an Unplatted Parcel will all be resubdivided into one property (i.e. Lot 1, Vail Village 2no Filing). The proposed conditional use permit requests will facilitate lhe expansion of the existing ERWSD plant. The existing plant will need to be expanded to accommodate the anticipated redevelopmenl and build-out of Vail, especiallythe anticipated redevelopment of Lionshead. The conditional use permit requests will also facilitate the conslruction of a parking structure. This parking struclure will accommodate ERWSD employee parking needs and provide additional public parking opportunities. The applicant is requesting that public parking be temporarily allowed on the sile during the 2003-2004 ski season. Once the ERWSD plant expansion has been constructed, the applicant is requesting lhal public parking be allowed on the site during weekends, special events, and other occasions when overflow parking is needed. Architeclural plans have been attached for reference (Attachment E). Additionally, an Environmental lmpact Report has been attached for reference (Attachment F). Conditional Use Permit The applicant's more delailed description of the requesl has been attached for reference (Atlachment C). Please note that the Planning and Environmental Commission will not be reviewing a conditional use permit request for a Vail Resorts snowcat access road, as such a road does not require a conditional use permit. The proposed snowcal access road, bridge, retaining walls, revegetation plan, etc. will be reviewed by the Design Review Board. ilt.BACKGROUND The ERWSD plant was originally constructed in the early 1970's and expanded in the early 1980's. In the past year, ERWSD has acquired additional adjacenl properties to facilitate a needed expansion of the existing plant. The proposed plant expansion will be necessary lo accommodate the anticipated, upcoming build-out and redevelopment of Vail, especiallylhe redevelopment of Lionshead. The need to expand the existing plant onto lhe old Town shops parcel was recommended in the Lionshead Redevelopment Master Plan in Sections 4.9.4.5 and 5.18. ROLES OF REVIEWING BODIES Amendment to the Official Zonino Map ol the Town ol Vail Plannino and Environmenlal Commission: Aclion: The Planning and Environmenlal Commission is advisory to the Town Council for a rezoning. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Vail Town Council on the compatibility of the proposed zoning with surrounding uses, consistencywith the Vail Comprehensive Plans, and impact on lhe general welfare of the community. Desiqn Review Board: Action: The Design Review Board has NO review authority of a rezoning, but must review any accompanying Design Fleview applicalion. Town Council: Action: The Town Council is responsible for final approval/approval with conditions/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compalibility of the proposed zoning with surrounding uses, consislency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or nol the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overlurn the board's decision. Slaff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform lo the lechnical requirements of the Zoning Regulations. The statf also advises the applicant as to compliance with the design guidelines. Staff provides a slaff memo containing background on the property and provides a staff evaluation of lhe project with respect to the required criteria and findings, and a recommendalion on approval, approval wilh conditions, or denial. Staff also facilitates the review process. tv. Minor Subdivision Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for linal approval, approval with conditions, or denial of a minor subdivision. Desiqn Review Board: Action: The Design Review Board has NO review authority ol a minor subdivision, but must review any accompanying Design Review application. Town Council: Aclions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overlurn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises lhe applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a stafl evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitales the review process. Conditional Use Permit Plannino and Environmental Commission: Action: The Planning and Environmenlal Commission is responsible for final approval/approval with conditiongdenial of a conditional use permil. Desion Review Board: Actlon: The Design Review Board has NO review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmenlal Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring thal all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as lo compliance with the design guidelines. Staff provides a slaff memo conlaining background on the property and provides a stafJ evaluation of the projecl with respect to the required criteria and findings, and a v. recommendation on approval, approval with conditions, or denial. Staff also facilitales the review process. APPLICABLE PLANNING DOCUMENTS Town ol Vail Zoninq Requlations Chapter 12-1: Title, Purpose and Applicability (in part) Section 1 2-1 -2: PURPOSE A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a mannerthat will conserve and enhance its natural environment and its established character as a resort and residential community of high quali\. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 11. To otherwise provide for the growth of an orderly and viable nmmunity. Chapter 12-3: Administration and Enforcement (in pan) Section 1 2-3-7: Amendments A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. Chapter 12-9: General Use (GU) District (in part) Section 12-9C-1 : Purpose The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12- 1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi- public uses permifted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. Chapter 12-16: Conditional Use Permits (in part) Section 12-16-1 : Purpose ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permifted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristix, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates this site a Community Office (CO). This land use designation is described by the Town of Vail Land Use Plan as follows: This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, seruices sfations, financial institutions and medical offices. The design of these facilities would be oriented toward vehicular access and Parking. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Lionshead Redevelopment Master Plan Chapter 4: Master Plan Recommendations - Overall Study Area (in part) 4.9.4.5 Old Town Shops The old Town shops, located just west of the Vail sanitation plant, were identified as a potential employee housing location during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. ln addition, the presence of the sanitation plant on one side and the existing gas station on the other reduces the desirability of this location for employee or locals housing. Chapter 5: Detailed Recommendations (in part) 5.18 Old Town Shops The old town shops site has been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. Ihese uses may be appropriate for the site, but they are not compatible. lnput from the Eagle River Water and Sanitation District suggests that the property will most likely be used for expansion of the sanitation plant and the VA service yard. If the old town shops are removed the existing storage component will be replaced at the Town of Vail public works shoo. VI. SITE ANALYSIS Site size: 88,509 sq. ft. (2.0319 acres)Zoning'. General Use (GU), Outdoor Recreation (OR), Lionshead Mixed Use-2 (LMU-2) Land Use Plan Designation: Communily Office (CO) Currenl Land Use: ERWSD plant, undeveloped, and open spaceHazards: None Development Standard Allowed ProposedSetbacks: per PEC 15 ft.,26 ft.,20 fl., and 50 ft. Building Height: per PEC 12teelDensity: per PEC N/AGRFA: per PEC N/A Site Coverage: per PEC 48,784 sq. fl. (55%) Landscape Area: per PEC 13,765 sq. ft. (15.6%) Parking: per PEC 65 spaces VII. SURROUNDING LAND USES AND ZONING Land Use ZoninoNorth: VA maintenance shops Lionshead Mixed Use-2 (LMU-2) South: Open space Outdoor Recreation (OR) West: BP (Amoco) service station Lionshead Mixed Use-2 (LMU-2) Easl: West Day Lot (i.e. parking) Lionshead Mixed Use-1 (LMU-1) VIII. CRITERIA AND FINDINGS Consideration of an Amendment to the Official Zonino Map of the Town of Vail 1. The extent to which the zone district amendment is consistent wilh all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. Staff Response: Staff believes the proposed rezoning is consistent wilh the above listed purpose of the zoning regulations and lhe General Use (GU) district. Staff also believes the proposed rezoning is consistent the with the above listed specific goal stalements of the Town of Vail Land Use Plan. The applicant's proposal is specifically recommended in Seclions 4.9.4.5 and 5.'18 in the Lionshead Redevelooment Master Plan. 2. The extent to which the zone district amendment is suitable with the exisling and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. Staff Response: The ERWSD plant currenlly exists on the site and the proposed rezoning will facililate an expansion of the plant deemed necessary to accommodate land uses throughout the entire Town of Vail. The rezoning will also facilitate an increase in the availability of public parking. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistentwith municipal development obiectives. Staff Response: The proposed rezoning will facilitate the enhancemenl of lhe water and sewer syslem and public parking system within the Town of Vail, thus improving the relationship among land uses and the carrying capacity of lhe community as it relates to new growth and water quality. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system within the Town of Vail, thus allowing for the orderly groMh and viability of the community. A portion of lhe ERSWD site is currently zoned General Use (GU) district, lhus rezoning all of ERSWD's properties to the same district is not considered a spot zoning. This development is also specifically recommended in the Lionshead Master Plan. 5. The extent lo which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water qualaty, air quality, noise, vegetation, riparian corridors, hillsides and other deslrable natural features. Staff Response: The proposed minor subdivision will facilitate lhe enhancement of the water and sewer system within the Town of Vail, thus positively affecting the above listed criteria. An Environmental lmpact Reporl has been attached for reference. This expansion will help insure water quality is protected by facilitating the treatment of sewage. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Staff Response: Slaff believes lhat the proposed rezoning is consistent with the 8 above listed purpose statemenl of the General Use (GU) district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Stalf Response: Since the ERSWD's last plant expansion, numerous redevelopment projects are now anticipated throughoul the Town ol Vail, including a large scale redevelopment of Lionshead. An expansion of the ERSWD plant is necessary to accommodate this redevelopment and the further build-out of Vail. Also, the availability of public parking is inadequate to meet both current and future demands. The rezoning will facilitate an increase in public parking availability. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. The Planninq and Environmental Commission shall make the followino findinqs betore recommendinq approval of an Amendment to the Official Zoninq Map ol lhe Town of Vail: 1. Thal the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objeclives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That lhe amendmenl promoles the health, safety, morals, and general welfare of the Town and oromotes the coordinated and harmonious develooment of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Consideration of Factors Reoardino the Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, SuMivision Regulations, of the Town of Vail Code. The of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose stalements from 13-1 -2 (C) are as follows: l. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide intormation as to the type and extent of improvements rcquired. Staff Response: The provisions of Title 13, Vail Town Code, made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff Response: The proposed minor subdivision will facilitale the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will facilitate the enhancemenl of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: The proposed minor subdivision will facilitale an expansion to the existing water and sewage treatment plant and the Town's public parking facility and structure, both of which are permitted as a conditional use in the General Use (GU) District based upon the development standards prescribed by the Planning and Environmental Commission. 5. To guide public and private policy and action in order to provide adequate and efticient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and tacilities and generally to provide that public facilities will have sufticient capacity to serue the proposed subdivision. Staff Response: The proposed minor subdivision will facilitate the enhancement ol the water and sewer syslem and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 6. To provide tor accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision plat will consolidate several 10 ERWSD properties into a single lot which can more efficiently described. This will help ensure a more harmonious relationship of land uses on this site. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of dninage tacilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will facilitate the enhancement ol the water and sewer system and public parking syslem within the Town of Vail, thus positively affecting the above listed criteria. The Planninq and Environmental Gommission shall make the followinq lindinqs belore orantino aporoval of the final plat lor a minor subdivision: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision conlrol, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmenlal integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aeslhetics of the Town. : The review criteria for a request of a conditional use permit are established by the Town Code. The proposed water and sewage lrealment plant and a public parking facility and struclure will both be located within the General Use (GU) district. Therefore, this proposal is subject to the issuance of conditional use permits in accordance with the provisions of Chapter 12-16 (Conditional Uses), Vail Town Code. 1. Relationship and impact ot the use on the development objectives of the Town. Staff Response: Staff believesthatacondilional usepermitfortheproposedwater and sewage treatment plant use meels the above mentioned purposes of the zoning regulations and goal statements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. As stated previously Sections 4.9.4.5 and 5.18 in the Lionshead Redevelopment Master Plan the old Town shops parcel was specifically identified for expansion of the water treatment plant. Staff believes that a conditional use permit for the proposed public parking facility and structure use meets the above mentioned purposes of lhe zoning regulations and goal slatements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. 1- t- 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that a conditional use permit for the proposed water and sewer treatmenl use is critical to the utility capacities wilhin the Town of Vail. Staff also believes that a conditional use permit for the proposed public parking facility and structure use is critical to improve lhe Town's deficient parking capacities. 3. Etfect upon traflic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic llow and control, access, maneuverability, and removal of snow lrom the street and parking areas. Staff believes that a conditional use permit for the proposed water and sewer treatmenl plant use will have no significant negative impact on the above mentioned items. Stalf believes that a conditional use permit for the proposed public parking facility and structure use will have significant positive impact on the above menlioned items. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relataon to surrounding uses. The Design Review Board will be review a relaled design review application for this proposal to ensure conformance with the above listed items. Staff believes that this proposal will have no significant negative impacts in comparison to lhe existing site conditions on the above-referenced items. The Plannino and Environmental Commission shall make the followinq lindinos before orantino a conditional use oermit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section ol the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the condilions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. STAFF RECOMMENDATION Amendment to the Otficial Zoninq Map of the Town of Vail The Communily Development Department recommends the Planning and 1,2 tx. Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed rezoning of Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts lo the General Use (GU) zone dislrict. Staff's recommendalion is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compalible with and suitable lo adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and oromotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its nalural environment and ils established character as a resort and residential community of the highest quality. Minor Subdivision l\t" The Community Development Department recommends the Planning and Environmental Commission approves with conditions the final plat for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of Lot 31, Tract C, Tract D, an Unplatted Parcel, and,Parcels 1 , 2, & 3, as described on the proposed final plat, as Lot 1, Vail Village 2no Filing. Staff's recommendation is based upon the review of lhe criteria in Section Vlll ol this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the application is in compliance with the inlent and purposes ol the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision conlrol, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the sunounding land uses and other applicable documents, and effects on the aeslhetics of the Town. Conditional Use Permit (sewer and water treatment plant) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a water and sewage treatment plant, located at 846 West Forest Road/Lot 1, Vail Village 2no Filing (proposed legal description). Slaff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and lhe evidence and testimony presented, subject to the following findings: 1_3 ,,\,D 'l . That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvemenls in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the condilional use permit section of the zoning code. Conditional Use Permit (public parkinq lacilitv and structure) The Community Development Departmenl recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a public parking facilily and structure, located at 846 West Forest Road/Lot 1, Vail Village 2no Filing (proposed legal description). Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of lhe zoning code and the purposes of the Outdoor Recrealion Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvemenls in the vicinity. 3. That the proposed use will comply with each ol the applicable provisions of the conditional use permit section of the zoning code. Conditions of Approval Should the Planning and Environmental Commission choose to forward a recommendation se development review applications, the Community Development Department recommends the following conditions: Approval of the final plat for the minor subdivision shall be contingenl upon the Vail Town Council's adoplion, by ordinance, of lhe proposed amendments to the Official Zoning Map of the Town of Vail. The final plat shall not be recorded prior to lhe Vail Town Council's adoption, by ordinance, of the proposed amendments to the Official Zoning Map of the Town of Vail. Approval of the conditional use permits for both the water and sewage treatmenl plant and the public parking facility and structure shall be contingent upon the Vail Town Council's adoption, by ordinance, of the I4 1. 2. proposed amendments to the Official Zoning Map ol the Town of Vail. 3. Approval ol the conditional use permits for both the water and sewage treatment plant and the public parking facility and struclure shall be contingent upon the Design Review Board's approvalof the related despn review applications. 4. The applicant shall submit a public parking managemenUoperations plan for review and approval bythe P'annir€ard Envirenmental €enmiesierb prior to the issuance of building permits. Cow.-r..\ Elatop*reur Epr€weun X. ATTACHMENTS A. Vicinity map B, Existing zoning map C. Applicant's description of requests D. Proposed FinalPlat E. Architectural plans F. Environmental lmpact Report G. Public Notice 15 tef lgo-ri1 t ^4-VGLN I TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Community Development Department December 16, 2003 Ordinance No. 34, Series of 2003, a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson [. DESGRIPTION OF THE REQUEST The Eagle River Water and Sanitation District is proposing to amend the Official Zoning Map for the Town of Vail to rezone Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. BACKGROUND At its October 27,2003, public hearing, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval to the Town Council of the rezoning. The Commission's recommendation was based upon the review of the criteria noted in Section Vlll of the October 27,2003, slafl memorandum and the evidence and testimony presented, with the findings noied in Section lX of the staff memorandum. On December 2,2003, the Town Council voted 6-0-0 to approve Ordinance No. 34, Series of 2003, on first reading with no modifications. STAFF RECOMMENDATION The Community Development Departmenl recommends that the Town Council approves Ordinance No. 34, Series of 2003, on second reading to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. ilt. r: t\rq..l .- -- ,' .Staff's rec0mmendation is based upon the review of the criteria noted in Section Vlll of the October 27,2003, staff memorandum and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 34, Series of 2003, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 34. Series 2003 ORDINANCE NO.34 Series of 2003 AN ORDINANCE AMENDING THE OFFIC]AL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 1, EAGLE RIVER WATER AND SANITATION DISTRICT, FROM THE OUTDOOR RECREATION AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS TO THE GENERAL USE ZONE DISTRICT. WHEREAS, the Town Council finds the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and WHEREAS, the Town Council finds the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town Council finds the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has reviewed this zoning map amendment in accordance with the approved criteria and findings for a rezoning as established by Section 12-3-7, Vail Town Code, and has forwarded a recommendation of approval at the October 27,2003, Planning and Environmental Commission hearing; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Ordinance No. 34, Series of 2003 l Section 1. Zoning Map Amendment The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 1, Eagle River Water and Sanitation District, shall be rezoned to the General Use zone district from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts, as shown on Exhibit A (attached). Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 34. Series of 2003 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereol inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore reoealed. INTRODUCED. READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 2* day of December, 2003 and a public hearing for second reading of this Ordinance set for the 16th day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson. Town Clerk Ordinance No. 34, Series of 2003 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16tn day of December, 2003. Rod Slifer, Mayor Attest: Lorelei Donaldson. Town Clerk AOrdinance No. 34. Serres of 2003 Eagle River Water & Sanitation District Plant Expansion Applications for: o Rezoning o Conditional Use Pennit o Minor Subdiuision September 2003 Ov*'ner and Consultant Directorv Ownet Eagle River'Water & Sanitation District Vail, Colorado Planners Braun Associates. Inc. Edwards. Colorado Engineer/Designer Brown and Caldwell Denver, Colorado Civil Encineer Alpine Engineering, Inc. Edwards, Colotado I. I I I I I I t I I I I I I I I I I I I Introduction A- Summaty of Proposal The Eagle River Water & Sanitation District ("DistricC) is proposing to expand the capacity of the existing waste water plant and construct a new drinking water treatment plant ("the Plant") located at the intersection of Forest Road and the South Frontage Road in Vail. The District recently acquired land from the Town of Vail (the Old Town Shops) to facilitate this plant expansion. The need for the plant expansion is generated by future development and build-out of the Town of Vail and is largely required due to prolected redevelopment in the Lionshead area as directed by the Lionshead Redevelopment Master Plan. Eagle River Water & Sanitation Distnct Braun Associates, Inc. I t I I I I The District has been working cooperatively with Vail Resorts in order to relocate the existing snowcat route from Forest Road. Part of this proposal is a request to allow snowcat access across District property to a bridge across Gore Creek. Vail Resorts, under separate application, is seeking approval for the new snowcat bridge across the Gore Creek and a new access route connecting to the Cascade Way (formedy Westin Hi Ho) trail on Vail Mountain. This improvement will reduce conflicts with the residents along Forest Road and provide a more direct route from Vail Resorts' maintenance facfity located on the north side of the S. Frontage Road. Additionally, the District is requesting approval of a conditional use permit to allow public parking on the District's property. This permit would allow public parking temporarily on the Old Town Shops site and within the existing parking lot (approximately 80 - 100 spaces) after removal of the existing Old Town Shops. This approval would allow this temporary parking for one ski season and would help the Town reduce parking pressure on South Frontage Road. In additioq the conditional use permit would allow public parking in the District's parking lot upon expansion of that facility on weekends, during special events, or other times when overflow parking is needed by the community. This approval would allow parking for approximately 65 cars. I I I I I I I I I I I T I Eagle River Water & Sanitation Distnct Braun Associates, [nc. VR Maintenance I I I I I I I I I I t I I I I t I To facilitate the expansion and construction of the District's Plant, the snowcat access, and the public parking requests, the follo*'ing applications are submitted: o Rezoning request ftom Lionshead Nli-red Use 2 to General Use (Old Torvn Shops parcel) o Rezoning request from Outdoor Recreation to General Use (existing and newly acquired parcels along the creek) o Conditional use for a rvater and lvastewater treatment plant (expansion) o Conditional use for a snowcat access route and snorvmaking pump house @elow grade) o Conditional use for temporary and permanent public parking o N{inor subdivision plat to consolidate all Disuict patcels . Design Revierv Application for the project B. I(ey Eletnents of the Ptoposal Key elemcnts of the plan include: . Expansion of the treatment capacity of the rvastervater plant to serv-ice the Vail atea r Construction of a nerv drinking vater treatment plant that .rvill provide increased capaciry and decrease reliance on upstream rvells during lorv-florv periods r Enhancement of stream florvs in Gore Creek through the Torvn of Vail and downstream to Dorvd's Junction r Removal of snowcats and snorvmaking pump house from a residential area (Forest Road) r Redevelopment of a unsighdy and dilapidated structute and site r Increasing the supply of available public parking rvhen most needed bv the communitt' C. Reuiew Ptocess The applicant is requesting that all of the proposed applications and permits be reviewed simultaneouslv. Rezoning: The process for rezoning requires that the Planning and Environmental Commission @EC) review and fonvard a recommendation to the Town Council. The Town Council is the frnal review authority on the rezoning request. Fiagle Rivcr Watcr & Sanitation l)istrict t Braun Associatcs, Inc. I I I I I I I I I I I I I I I I I I I I Condi tion aI Us e Petrni ts : The General Use zone district allows public utility facilities, public parking, and ski mountain access facilities subject to the issuance of a Conditional Use Permit (CUP). The PEC has final review authority on a CUP. In the General Use zone district the PEC is also required to determine the development standards for the project, including building height, setbacks, parking, landscaping, and site coverage. Design Reuiew: The process for the design revierv approval requires the Design Review Board to review and approve the proposed landscape and architecture of the project. The appropriate applications and matedals have been submitted for this revierv. Minor Subdiuision: The process for a minor resubdivision of the propertv (consotdation of all parcels to one parcel) requires that the PEC review and approve the subdivision. Eagle fuvcr Water & Sanitation District Braun r\ssociates. Inc. II. I I I I I I I t I I t I I I I I t t I Description of the Proiect A. Baclcground The original wastewater treatrnent plant was developed in the eady 1970's. That facility occupies the site where the offices and parking exist today on land zoned General Use (Gt-f . In the eady 1980's additional land was acquired from the Town of Vail and the plant was redeveloped and expanded. The land acquired in the 1980's is zoned ()utdoor Recreation and is developed with the existing wastewater ffeatrnent faciliry. I'his year the District acquired three additional parcels from the Town of Vail to allow for expansion to *re plant. These parcels are currendy occupied by the Old Town Shops, parking and drivervays accessing the adjacent CDOT right-of-way. The parcels developed with the Old Town Shops are currendy zoned Lionshead Mixed Use 2 and the parcel to the south of the shops (developed as parking) is zoned Outdoor Recreation. See map below. Eagle fuver Water & Sanrtalon Distnct Braun Associates, Inc, I I I I I I I I T I I I I I I T I B. Eisting Wastewater Treaanent Facility 'Ihe site is currcntly devekrpcd with a u'astervatcr treatment facility an.l administration thciLties frrr the District. 'lhc spccific uscs includc arimirustratron, accouncing, eng'inecring customcr scn'ice, human resources, and rvastev'ater treatment. The current faciliqv contarns 36,523 sq. ft. oF wastewatcr trcatmcnt facilitrcs and 14,(X)0 sq. ft. oi of ficcs and meetinl4 roorns. 'l'hcrc ate 39 parking spaccs provided on-site to sen-e the employees and visitors to the site. The current number o[ cmplovccs working'uvithin this facility is 29 cmployees. Existins Wastewater Treatment Plant Existing Old Town Shops C. Proposed Development 'lhe proposcd cxpansion includcs an expanded waste\\'atcr treatment facility and ncrv drinking water treatmcnt faciliry. T'hc proposcd uscs will occur as an expansion o[ the existrng structures <>n-sitc and will occur on thc nervly acquircd parcels of land (Old'l'own Shops). l'hc footprint o[ the new structure is 12,600 sq. [t. The proposed structure is built substantlally bekrrv gade and wi-ll appcar as a singlc-story with parking on top of thc structurc. 'l'he proposed usc u'ill include treatment tacilities and office areas. The ncw plant area rvill be 12,600 sq. ft. o['*'hich 138 sq. ft. is offrce area. 'l'hcre will be a total increasc in parking of 26 parking spaccs for a total of 65 parking spaces on-sitc. There is a ncgligible incrcase in the stafFrng levcls as a result o[ thc proposed cxpansion u'ith thc addition of 1 employcc for a total of 30 cmplo,vees. 'I'hc District is taking advantage o[ the surface area creatcd in the top of the plant laciliry* u,-hich has a capacity for 65 parking spaces. I I F.agle Rivcr Water & Smitation Distnct Br'.run,\ssocutes, Inc. I I t I I I I I T I I I I I I I t The expanded wastewater treatment plant is designed to operate at 5.6 N{GD (maximum dailv florv) and 7.0 N{GD (peak hourly flow). The new &inking r.vater plant is designed to operate at 3.0 N{GD. Refer to the Environmental Impact Report for more detarl on the operations o[the facilities on this site. In conjunction u-ith this application is a conditional use request to allow snowcats to traverse the District's properh from the Vail Resort's maintenance yard to a proposed bridge across Gore Creek. The snorvcat access bridge is being proposed bv Vail Resort's under separate application and that bridge and access route to the Cascade Way trail are located entirely on Torvn of Vail propert! . The proposed access route will replace the route currendy traveling up 'West Forest Road. A 25' rvide access easement to allov snovcats on District properr)* will be established by a separate easement document. The proposal also includes a subsurface snowmaking pump faciliry to replace that facilitv located at the tennis court site on West Forest Road for use by Vail Resorts. D.Rezoning Request In order to allos'the proposed uses and consolidate the existing patcels of land, a consistent zoning designation is required for t}le ptoperty. The cuirent wastevatet treatment facilities are developed on 4 contiguous but separate parcels ofland. The primary uses are located on a parcel zone General Use rvhile a portion o[ the existing facility is located on a parcel zoned Outdoor Recreation. UtiJity facilities are a conditional use in the General Use zone district but are not listed either as a permitted or conditional use in the Outdoor Recreation zone district. The newly acquired parcels to the rvest of the existing faciliry* are zoned Lionshead N{ixed Use 2 (I-N{U2) and Outdoor Recreation. Please refer to the zoning map below. The LIr{U2 zone disrict rvould allorv the proposed plant expansion subject to a conditional use permit, horvever, to create consistency the new-ly acquired parcels are proposed to be rezoned to General Use. t I l,iaglc fuvcr V/ater & Sanitation Distflct Braun,'\ssociatcs, Inc. 4. I I t t I I I I I t I I I I I I t T I Zoning Analysis Belorv is the Zoning Analysis For the l)istrict's proiect. Parcel Size Total Acreage (all parcels): 2.0319 acres or 88,509.56 sq. Ft. Setbacks Setbacks oi uses and strucrure s are indicatcd in the proposcd developmcnt plan. The setbacks for the proposed building are 15' along the South Frontage Road, 26'+ along thc west propcrry linc adjacent t() Amoco, and 2O'+along thc south or rear property line. 'l'he proposed structures are beyond the 50'stream setback. Height The proposed structure is k;cated largely belov'grade. 'I.he proposed building height in thc u'orst-case is approximatcly 12' from frlshcd grade. Landscaping, Site Development, and Site Coverage The proposcd landscaping and site covcrage is as proposcd on the sitc der.elooment olan. Condition of land zoned Outdoor Recreation l-agle River Water & Sanitation Distnct Braun Associates, lnc. 5. 6. I I I I I I I I I I I I I I I t I I I Snow Storage The parking lot is ptoposed to have 63 parking spaces. Since the required daily parking for the site is substantially lower than the number of spaces being provided, a portion of the existing parking lot will be used to store snow. Parking The proposed project will provide more than ample parking for the number of employees rvorking on-site and the number of risitors to the building. Parking is being increasedby 26 parking spaces even though only one employee is being added. The District is taking advantage of the surface area created on top of the proposed plant which has a capacitv of 65 parking spaces. The excess capacity will help offset the Town's skier parking needs on weekends. Eagle River Water & Sanitation Distnct Rraun Associatcs, Inc. I t I I I I t I I I I I I I I I T III. Conditional Use Permit Criteria Belorv is the cdteria used by the staff and the Planning and Environmental Commission rvhen rer.iewing a request for a Conditional Use Permit. Each criterion has been addressed and rve find that the proposal fully complies v'ith each. All of the follorvrng conditional use permits being requested are included in this anah'sis: Water and wastevater treatment plant Snorvcat access to Yail N{ountain Temporary and permanent publ-ic parking C. Re/ationtbip and impax of tbe use on deuelopmenl o$utiut of lbe lown. Our Anal,vsis: The proposed uses are being located in an infill area of the Torvn in an area that is characterized by utility, sen-ice, and light industial uses. The proposed uses are identified in the Lionshead Redevelooment Nlaster Plan as suitable uses for the area. The proposcd snowcat access rourc ivas also identified by the lr'laster Plan as a positive change to divert snowcat traffic on Forest Road. 'Ihe proposed wastevater and water treatrnent plant expansion srill allorv grorvth to occur rvithin areas of the Torvn planned for development over the next 20 or more years. Tbe efect of tln ase on ligbt and aia distribution of population, tranQortation fatilities, utilities, schook, parks and renzation failities, and other pub/icJadlitiu nuds. Our Analvsis: The proposed project w'ill have litde impact on light and air, population, transportation facilities, schools, parks, or recreadon facilities. The proposal rv'ill expand the capacity of existing vater and $'astevater treatmeflt and rv-ill therefore improve the ability of the town to redevelop. The proposed snowcat access route rvill reduce conflicts with vehicles on West Forest Road and thus improve the flow of traffic in that atea. The proposed facility is a low one-story building w'hich rvill have little if any effect on light and air. The nerv drinking water ffeatment plant will help to increase the flow-s in Gote Creek during lorv-Oorv periods by pulling water from the confluence of Gore Creek and Eagle River instead of the wells located under the Vail Golf (loutse. Efect upon trafic uith particu/ar nfercnte to congestion, a tomztiue and pedestian safetl and L:znaenience, traficfow and conlrol, access, maneuuerabilift, and nmoaal of snowfmm tbe stnet and pmking areas. a a a t' l. P I I Fiagle fuvcr \&'atcr & Sanitation l)rstnct Braun,\ssociates. Inc. D. I I I I I I I Our Analvsis: The proposed plan will improve the traffic conditions and flow in the area. Snowcats will be removed from Forest Road thus reducing conflicts with residential traffic and pedestrians in that area. The proposed plant facility includes adequately sized patking areas and drive aisles to accommodate the uses proposed on-site including the occasional use for public parking on weekends. Adequate snow storage areas ate planned on site. Efect apon tbe characler of the area in wbicb the pmpoted urc is to be located, inclzding tbe scale and bzlk of tbe pnposed use in nlation to nntunding nes. Our Analysis: The proposed uses are being located in an infill area of the Town in an area that is characterized by utility, sen ice, and light industrial uses. The proposed uses are identifred in tlle Lionshead Redevelopment N{aster Plan as suitable uses fot the area. The proposed wastewater treatrrent plant expansion rvill allow growth to occur within areas of the Town planned for developmeflt over the next 20 or more years. The proposed scale of the stmctures is consistent with those commercial and industrial uses found in the area. I I I I t I I I t I I I Eagle River Water & Sanitatioo Distnct IJraun Associates- Inc. I I I I I I I I I I I I I I I I I IV. Rezoning Criteria Below is the codified critetia used bv the staff, the Planning and Environmental Commission, and the Torvn Council w-hen reviewing a request for a rezoning. The criteria have been addressed and ve find that the proposal fullv complies rvith each criterion. a. The extent to ahilh the Tone distict amendment is conistent ailb all the applinbh elements of lhe adopted goals, obju'tiues and polides outlined in the Vail Cornprehensiue Plan and t conpalib/e witb lhe derclopment objectiues of tbe Town. b. Our Anal)'sis: The proposed zone district is consistent with the historic use of thc propert]' and the adjacent property. The proposed zone district is consistent with the VaiI Comprehensive Plan as this area is identifred for public uses such as utilities. The Lionshead Redevelopment N'{aster Plan recognizes this area as a potential site for the expansion of the 'wastervater treatment plant and the relocated snovcat access route. The proposed expansion s,ill improve the capacity of the treatment facility s'hich rvill allorv the To'wn to achieve its redevelopment goals in Lionshead and elserr,'here in the Torvn. Tbe extent lo wbi-b the ione distict amendment it tuitable witb the existing and polential land utes on the sile and eisting and polenlial stttmanding lard u:es as set out in the Town\ adopnd planning dounent.r. Our Analysis: The proposed zoning and land use designation is compatible and suitable rvith adjacent land uses. The amendment will allow an extension of the existing wastewater treatment facilin', the construction of a nerv drinking water treatment plant, and 'w'ill create a more direct route for snorvcats accessing Vail Nlountain. The Lionshead Redevelopment N{aster PIan identifies this area for these tlpe of uses. The extent to whitb the Tone distitt amendment Prerents a harmonious, conaenient, ulrkable rchtionshtp among land uses consi$ent vith nunicipa/ deuehpnent objectiaes. Our Anal]'sis: As stated above, the proposed use of the property is consistent and compatible with the neighbothood and will provide for a harmonious relationship to the adjacent land uses. The character and scale of the proposed facilities rvill be controlled by the Torvn through the conditional use process to ensure that potential development wiJl be compatible u'ith neighboring uses. I T l,)agle River Water & Sanitation Drstnct Ilraun,\ssociates, Inc. I t I I I I I I I I I I I The extent lo which the qone distict amendnent pmuidesJbr tlte gmwth oJ'an order! uiable mmmunity and does nlt cznJtiltlte .pot <olting at lhe amendment senet tbe b* innrests oJ'lbe communiry as a wbo/e. Our Analysis: The proposed rezoning is a logical extension of the existing land uses on the subject properfy and on neighboring properties. The uses and development limitations rvill be established through the conditional use process and rvill ensure the development of an ordedy viable communiry. The ptoposed land uses are in the overall interest of the community given the need for utiliry* facilities. Tbe extent lo abith the lone dislitt amendment results in aduerte or benefcial impadr 0n the natural enimnmenl, including bat nt linited to wanr qualir1, air quali1y, noise, uegetation, ripaian nridars, bi/ltides and other drirable nahtral fiatares. Our Analysis: 1he proposed rezoning rvill har-e litde impact on the nanual environment of the site or the 'l-orvn as a rvhole. The site itself does not contain any unique natural qualit-ies other than being located adiacent to Gore Creek. The proposed site is currently developed rvith the Old Torvn Shops, previously orvned by the Town of Vail, u'hich includes paving and grading of the entire site. Nleasures rvill be taken to improve the drainage and vegetative qualities of the site. 'l'he extent lo phith tbe ione distict amendment is conti$eilt uitb lbe purposu oJ the pmposed lone dittict. Out Anall'sis: The proposed zone d-istrict is consistent p-ith the purposes of the General Use zone district. Additionally, the proposed land use for the properry is a utility facility, snowcat access route, and public parking which are permitted by the proposed zone district by conditional use permit. The proposed zone district rvill allow' for adequate light, air, and opefl spaces and allow for development of public ot quasi-public uses harmonious with the neighborhood and community as a whole. Tbe extent to wbicb the Tone distict amendment demonstrates hop conditions have cbanged since tbe ryning duignation of lbe subject pruper!1 was adopted and is no longer @pmpiale. Our Anal,vsis: The needs of the community have grown over the last 30 years thus creating the need for utilities to keep pace with grorvth of the area. The proposed rezoning will allorv the expansion of the adjacent wastewater treatmerit facility and the construction of a new drinking water teatment facility. The existing zoning designations are no longer appropriate given the curreflt development of the parcels. J I t I I I I 5' I.)agle River Vater & Sanitation Drtoct Ilraun,r\ssociates, Inc. V. t I I I I t I I I I I I I I I I I h. Suth otberfactors and criteia as the Commission andf or Comcil deen applicable lo tbe pmposed nioning. Our Analvsis: None provided. Subdivision Criteria The burden of proof shall rest with the appl-icant to show that the application is in compliance rvith the intent and purposes o[ this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Enr,'ironmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utilitv companies and other agencies consulted under subsection 13 -l-,]C above. The Planning and Environmental Comrnission shall revierv the application and consider its appropriateness in regard to Torvn pol-icies relating to subdir-ision control, densities proposed, regulations, ordinances and resoludons and other applicable documents, environmental integrity and compatibilitv with the surrounding land uses and other applicable documents, effects on the aesthetics of the Torvn. Anabis: The pmposed strbdiuision conplies with Tith I ) and Title | 2 of tbe Town code. The proposed zses are consislent titb the ioning pmposed Jbr the site as we// and witb the eisting alility senzces and ligbt industial ws in the neigbborbood. Tbe propovl wi// not haue aduerse impacls on lbe endronmenl as eddenced in the Endronmental Impact Rrpott rilbmilted with the qplications for tbis ite. The pmposed panel siqe is nnsistent and tonpatible with tbe fuwlopnent patterns in the area and uith tbe General Use Tone distict. Deuelopment aitbin tbe proposed partel wi// be sabject to the ToanI design guidelinu and $andards and tbus wi// promote the aeihetics fusired b1 the Town. Rejir to tbe nbditision p/at and site derclopment drawings in support of tbe subdiuision application. lJaglc ltivcr Vater & Sanitation Distflct Braun ;\ssociatcs, Inc.I t I I VI. Land Use Plan/Master Plan Goals I Below is a list of goals from the Vail Land Use Plan and Lionshead Redevelopment l\,faster Plan that are applicable to the District's project. The proposed development plan, conditional use permits, and I rezoning requests are consistent with these goals as the proposal is responding to the needs of the I community and is being developed in an area rvhere development is currendl' located and anticipated by the Vail Land Use Plan. 1. General Growh/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to sen'e both the visitor and the permanent resident. 1.2 The qualiry of the environment including air, rvater and other nafural resources should be protected as the To*'n grorvs. 1.3 The qualifi of development should be maintained and upgaded rvhenever possible. 1.12 Vail should accommodate most of the additional grovth in existing developed areas (infill areas). 6. Communiry Services 6.'l Sen-ices should keep pace n'ith increased growth. 6.2 The Torvn of Vail should play a role in futue development through balancing grorvth with sen'ices. Lionshead Redevelooment Mastei Plan 5.18 Old Tou'n Shops "The old town shops site has been targeted for a variew of uses throughout t]re master planning process, including emplovee housing, expansion of the Vail sanitation plant, and Vail Associates mountain sen-ices. These uses may be appropriate for the site, but they are not compatible. Input from the Eagle fuver Water and Sanitation District suggests that the properh' rvill most likely be used for expansion of the sanitation plant and the VA senice vard." I I I I T I I I I t I t I Eaglc llivcr Vatcr & Sanitation l)istrict I Braun Associatcs, Iflc. t l:t I t I 5.17 Vest Day I-ot/ Vail Associates Service Yard/ Holy Cross Site t @xcerpt) ".... a snow cat access route to the mountain could be developed through the old town shops I site and across the river to the Cascade Ho ski trail." Eagle River Water & Sanitation District I Braun Associates, Inc. I t-r )-ir ottLx_ -{i( fof"51 .1, . Page5't R€quesbd Insp€ct Date: Frldly, J.nurry t0, 2fi10 Insoecton Area: EG Slb Address: &{6 FOREST RD vAL 846 W FOREST RD AIFIO lnlorma6on A.tivltrr: E(r2{171 Tvlq $ELEC concr tYrti: ocapciny C|r*icr: EAGLE Rft,ER WATER & SA}.IITATION D*STApplhrnt A-K.ELECTRICCffirc{or: AK. EIECTRICD.*crl$on: ADD tlEW STREETLISHTS ReouesEd lnsoestonf sl lbfir: t00 EIJC-Flisl Recudor: AJ(. ELECTRIC As.lgfq.lTo: EGTATZLE S-mls: hcPAm: 970'3q>:|i!58yf$3q>:r!F8 R.qu.sEdTlrne: 08:fl1At' Phc|b: gttlg}3258 Enbnd By: LCAIPSEII K ' - e3 . - Ac{on: nfl71c"o---u o/ . lnrocc{on lllsbrv ilern: 11O ELEC-TomD. Powerlfir: 12O ELEc-Rouoh[grr: lil) ELEC4oniluilldnr l4O ELEC-Mlsc. lhm: lg, ELEC-Flndt dt /c (N* rsst ED EG SubTffi: Acoil zurt Id:REPT131 728 TOWN OFVAIL 75 S.FRONTAGEROAD VAIL, CO 81657 970-479-2t38 Valuation: $94.984.00 Fireplace Information: Resticted: rJc,.-^\Urf\, .\.- -{fttJ..\\-\ K1 ^ ? # ofcas Appliances: 0 Add Sq Ff 0 # ofcas Logs: 0 # of Wood Pellel 0 ttat*tar'rrt*'it****att*+t+'tata+,1*t*:rr'r:!'i*rli**+**i*,tt+a,|rlt**a:**'t*t**r FEE SUMMARY a,|'la'rtr,taa Building----->$?15. 00 ResBarant Plan Review->So . o0 Total Calculated Fees-> S1, 182 .75 SO. OO Addirional Fees__> 90. 00 $o.oo Total Permit Fee > 91,182.75Investigation-> Will Call--> S0.00 RecreationFee--------> 53.00 Clean-up Deprosil--> So.OO Palments--------> $1,182.?5 TOTAI FEES--_.---> 91,1s2.?5 BALANCE DUE---> $0.00 Approvals:Item: 05100 BUILDING DEPARTMEMT o5/L6/2oo2 cDAVrs Action: AP Item: 05400 PLANNfNG DEPARTMENT Item: 05600 FIRE DEPARTMETiI| Iten: 05500 PITBLIC WORKS Plan Check-> . $464 .15 DRB Fee----------> DEPARTMENT OF COMMUIT DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ---L.-\--f> ADD/ALT COMM BUILD PERMT Permit #: 802-0104 -a><-,=<'<'\ P\'-zrf Job Address: 846 FOREST RD VAIL Status . . . : ISSUED Location.......: 846 FOREST ROAD Applied. . : 05/02/2002 Parcel No....: 210107209001 Issued. . . : 05/17/2002 Project No . : PRI02-0133 Expires . . .: ll/13/2002 OWNER EAGLE RIVER WATER & SANTTATIO'/'2/2OO2 PhONE: 846 FOREST RD VAIL CO 81557 License: APPr-,rCAliflr HARNEY-NArr,L, rNC. 05/02/2002 Phone t 970-74a-9750 P.O. BOX 6429 AVON, CO 8L520 License: coNrRAcroR HARNEY-NArr.,L, rNC. 05/02/2002 Phone: P.O. BOX 5429 AVON, CO aL620 I-,icense: 215-B Desciption: OFFICE/TENANT REMODEL Occupancy: F2 Type Construction: lI fr Type ll Fire Resistive Type Occupancy: ?? See page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in firll the information required" completed an accurate plot plan" and state that all the information as required is correct I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structur€ according to the towns zoning and suMivision codes, design review approved, Uniform Building Code and other ordinances ofthe Town applicable thereto. REQUESTS FOR INSPECTION SHALL BE MADE TWENTY.FOUR HOURS IN ADV OUR OFFICE FROM 8:00 AM - 5 PM. Scnd Chrrup Dcposit To: N/A OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNEF PACE2 * fltf** * *:|!,t:*'i*:il 'l *!t*:t !+ * * f t{.{r:$** ** '} | '} ** +***'}f t* **{!'}:t'l *rl **{r **'}*:}* +!it t'}+****l** 'l'} {r ****lr '} Permit #: 802-0104 CONDITIONS OF APPROVAL as of 05-17-2(X)2 Status: ISSUED *|l!t|***:|*!t|*'}*:t*:}*:l't***:}**'}*,}*:t*{t:}|'|**,t*'**{t:}'}**{t:}*{t'}**'||'},}+'}|*'t.||!t!i+.}|t*+!t|||***,t,}tt*'t**'3*|******|*** Permit Type: ADD/ALT COMM BUILD PERMT Applicant HARNEY-NAILL, INC. 970-74V9750 Job Address: 846 FOREST RD VAIL location: 846 FOREST ROAD ParcelNo: 210107209001 Desuiption: OFFICE/TENANT REMODEL Conditions: Cond: I (FIRE): FIRE DEPARTMENT APPROVAL IS REQI.NRED BEFORE ANY WORKCAN BE STARTED. Cond: 12 (BLDG.): FIELD INSPECTIONS ARE REQLnRED TO CHECK FOR CODE COMPLIANCE. Applied: 05/022002 Issued: 05/1712002 To Expire: ll/l3DW2 + +** ++ * + ** + * * +* * * * * + + i ** * * * ** * * * ** * * * *l*****+**** ************t*'tt++*,t++*+';++*********+***+** TOWN OF VAIL, COLORADOCopy Reprinted on 0$17-2002 at 10:40:49 05/17/2002 Statement I't+,r|*++++*+f :;++++f +:t .;**+*l|. **l.f l ';*'rl.*'l*l.f 'l* |it** ****+{.** *++ *r} **+'}**l.t****************ll+lt+t* I stsalement Number: Roooo024oS Amount: $1,182.75 05/t7/200210:40 AIrl Payment Method: check Init: L,c Notation: *3375/Harney Naill Permit No: 802-0104 T).pe: ADD/AIJT COMM BUILD PERI-IT Parcel- No: 210107209001 Site Address: 846 FOREST RD VAIL, Location: 845 FOREST ROAD Tota1 Fees: $I,I82.15 Thia Pa)zment: $f ,]-82.75 Total A],L Etnts: 9L,Ie2.75 Balance: S0.00' ********,t+** *:!** **+*********** * * *********** **** **** ** t * * ** * * * ** {i* ***+* *:}+,1.**********+****t+* ACCOUNT ITEM LIST: Account Code Description Current Pmts BP OO1OOOO31111OO BUILDING PERMIT FEES 715,00 PF OO1OOOO31123OO PLAN CHECK FEES 464.75 h/C OO1OOOO3112BOO W]LL CALL iNSPTCTION FEE 3.OO ^SJfl,8a*f*f-".;l*, Building Permit #: tl etl mml0Futn 75 S. Frontage Rd. Vail, Colorado 81 CTOR INF Contact and Phond#'s: /Cors c &rsl.) - o Ooru N*rt-r_ 1+7-lcj{!b 7<B-9t{o Townbf Vail Reg. No.:General Contractor: - d*rtu Zcc. COMPLETE VALUATIONS FOR BUILDING PERMIT (LAbOT & MAICT|AIS BUILDING: g Stl,'leUe ELECTRICAL: $ ,){'. {'t'1 ,OTHER: $ XQ'' '' PLUMBING: $ /('),(,a,/'I MECHANICAL: $ //t, (') (') a rorAl: g t/./, Q?tt,a7 For Parcel # Contad Assessors Ofllce at 97O-328-864O or visit Parcel # Ztoto+Zoqool (application will not be accepted without parcel number) Job Address: 9YG forts'gr EcmJob Name: L,.,, rr_D oFF,*L {Lg*uD(. u Firins: Z WEf"' Address: Eqb F.crsr Bt. L)t+tL, (cName: E!41! la ug& L.rArg/L Phonttq1,o-q-?-7 - 7\76Address: z€8{- D *\)c" rQ'hL, [,rhL, .c)f;'{N G mA0.n^t Detaifed description of work: fet t p...tr WorkClass: New( ) Addition( ) Remodel p$ Repair( ) Demo( ) Other( ) Does an EHU exist at this location: Yes ( ) No ( )Work Type: Interior O'5) Exterior ( ) Both ( ) Type of Bldg.: Single-family ( ) Two-family ( ) Multi-family ( ) Commercial Ct4 Restaurant ( ) Other ( ) No. of Accommodation Units in this building:No. of Existing Dwelling Units in this building: ,.r,A GasLocs( ) Wood/Pellet( ) WoodBu Burnino (NOT ALLOWED Does a Fire Sprinkler System Exist: Yes ( ) NoDoes a Fire Alarm Exist: Y Fees: F:/everyone/forms/bldgperm of Construction: I / **************************************FOR OFFICE USE ONLY**'k**************J,*************J.****** I0l{'N 0r 1"411 Questions? Callthe Building Team at 479-2325 Department of Community Development Project Name:Ela€ ?-raelL P',!. Drir/Zrq-r 0?$<-E5 L,"-,rE[ l/Er'-o\e.L Project Addressl 9i- / This Checklist must be ompleted before a Building Permit aoplication is acceoted. -{ All pages of application is completez' U/|rt Has DRB approval obtained (if required) Provide a copy of approval form N / A o Condominium Association letter of approval attached if project is a Multi-Family complex /L//4'rd Complete site plan submitted NIA -pt puOtic Way Permit application included if applicable (refer to Public Works checklist) p- Staging plan included (refer to Public Works checklist) No dumoster.oarkinq or material storaqe allowed on roadwavs and shoulders without written aooroval tlftp' esOestos test and results submitted if demolition is occurring/ - s Architect stamp and signature (All Commercial and Multi family) 44.t'/,,*;,3 &*^ g '*c/,k77g' Full floor plans including building sections and elevations(4 sets of plans for Multi-Family andCommercial) L (.. r 14" 1L/, e'- Window and door schedule prt E Full structural plans, including design criteria (ie.loads) ry .{ Structural Engineer stamp and signature on structural plans (All Commercial and Multi Family) tolA d Soils Report must be submitted prior to footing inspection fft -st fire resistive assemblies specified and penetrations indicated ' l/ /4d Smoke detectors shown on plans t//.tlZ Types and quantity of fireplaces shown Applicant's Signature: Date of submittal: F:/everyone/forms / bldperm2 Received By: r(il"r.As4/ nflNw-va! HOW DIDWE RATE WITH YOU? Town of Vaif Survey Cornmu nity D evelopm ent Department Russell Fonest, Direc{o r, (970) 479.2139 Check allthat applies. 1. Which Depa;fnent(s) did you contact? Building Z Environmental_ Housing_ Admin 6. Please rate the performance ofthe stafi-person who assisted you:54' 3 2 1 rriame: f'fir,_, /,'r\r_,...- (k no"wled ge, responsiveness, avalanimyl Planning _DRB PEC 2. Was your initial contact with our staff immediate t-,/ slow_ no one available ? 3. lf you were required !o wait, how long was it before you were neqeat /'//.:t\ +.- - 4. Was your project reviewed on a timely basis? Yes / No lf no, why noQj3l 5. Was this your first time to fle a DRB aoo tt t PEC ano ' lt f,.---7-_ Bldg Permit /i/ N/A LT 7. Overallefiectiveness ofthe FrontService Counter. S I A Z t 8. What is the best time of day for you to use fre Front Service Counter? 9. Any comments you have which would allow us to beter serve you next time? Thank you for taking the time to complete this survey. We are commiiled b improving our seMce. o TUMYOF WHEN A *PUBLIC WAY PERMIT" IS REQUIRED PLEASE READ AND CHECK OFF EACH OF THE FOLLOWING QUESTIONS REGARDING THE NEED FOR A "PUBLIC WAY PERMIT": Is this a new residence?YES Does demolition work being performed a n .E' ,'" F' .'^-" ,{' .r' ( public property? Is any utility work needed? require the use of the Right-of-Way, easements or NO NO L-'/' YES Is the driveway being repaved? YES NO Is a different access needed to the site other than the existing driveway? YES NO L-''-' Is any drainage work bejng done that affects the Right-of-Way, easements/ or public property? YES NO L-"'' Is a "Revocable Right-of-Way Permit" required?YES NO t"/ Is the Right-of-Way, eatements or public property to be used for staging, parking or fencing?YES NO 1,,. NO, is a payking, staging or fencing plan required by Public Works? NO l,' If you answered YES to any of these questions, a "Public Way Permit" must be obtained. "Public Way Permit" applications may be obtained at the Public Work's office or at Community Development (a sample is attached). If you have any questions please call Leonard Sandoval in Public Works at 479-2L98. i HAVE READ AND ANSWERED ALL THE ABOVE QUESTIONS. Contractor Signature lob or Project Name: Date Signed: If answer is YES F :/everyone/forms/bldperm4 I PUBLIC WORKS AND THE PUBLIC WAY PERMIT PROCESS How it relates to Building Permits: / Fill out the attached check list with the Building Permit Application. If yes was answered to any of the questions then a "Public Way" permit is required. you can pick up an application at either Community Development, located at 75 South Frontage Road or Public Works, located at 1309 Elkhorn Drive. Notice sign-offs for utility companies, ALL utilities must field verify (locate) respective utilities prior to signing application. Some utility companies require up to 48 hours notice to schedule a locate. A construction traffic control/staging plan must be prepared on a separate sheet of paper, An approved site plan may also be used. This plan will show locations of all traffic control devices (signs, cones, etc.) and the work zone, (area of construction, staging, etc.). This plan will expire on November 1st and will need to be resubmitted for consideration for approval through the winter. Be aware that your resubmission for winter may be denied depending on the location of construction. '/ Sketch of work being peformed must be submitted indicating dimensions (length, width and depth of work). This may be drawn on the traffic control plan or a site plan for the job. > Submit completed application to the Public Work's office for review. If required, locates will be scheduled for the Town of Vail electricians and irrigation crew. The locates take place in the morning, but may require up to 48 hours to peform. The Public Work's Construction Inspector will review the application and approve or deny the permit. You will be contacted as to the status and any requirements that may be needed. Most permits are released within 48 hours of being received, but please allow up to one (1) week to process. As soon as the permit is approved, the Building Depaftment will be notified, allowing the "Building Permit" to be released. Please do not confuse the "Public Way Permit" with a "Building Permit". i NOTE: The above process is for work in a public way ONLY. Public Way Permits are valid only until November 15th. A new Public Way Permit is required each year if work is not complete. Re-application each November 15th does not mean an automatic renewal. I have read and understand the above. Signature F:/everyone/forms/bldperm5 Date Signed BUILDING PERMIT ISSUANCE TIME FRAME If this permit requires a Town of Vail Fire Department Approval, Engineer's (Public Works) review and approval, a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review will take as long as three (3) weeks. All commercial (large or small) and all multi-family permits will have to follow the above mentioned maximum requirements. Residential and small projects should take a lesser amount of time. However, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may also take three (3) weeks to review and approve. Every attempt will be made by this depaftment to expedite this permit as soon as possible. I, the undersigned, understand the plan check procedure and time frame. I also understand that if the permit is not picked up by the expiration date, that I must still pay the plan check fee and that if I fail to do so it may affect future permits that I apply for. Agreed to by: oare' 4j / ,02 cd Mt+ tL F: everyone/forms/bldperm3 ue/, an APPLICATION FOR TOWN OF VAIL PUBLICWAYPERMIT 19- O-- rrn PW#: r _l L-L l tl Parcer#:I I I f IT-IT-ITT Bldo. Permit*: Bi LJ LJ T]I Tl-r 1.Job Name Street Address l-l f--l t-r _ fl (tf unknown catl L__l Ll L- i | 479-zt3g exr.o)z.Excavating Contraclor Nsme Mailing Address TOv Contractor's License Number REQUIRED zipCity Phone # a 4. Start Date Work is tor (circle one) Other ComDletion Date Water Sewer Gas Electric Telephone . (Psrmit Expiration Date) CATV Landscaping Temp. Site Access Trench-width (min.4') Bond Amount $ ALL MATERIAL, EQUIPMENT, AND TRAFFIC JOB IS STARTED. 7.Rubber out-riggers are required on Asphalt surfaces underneath the 8.A signature below indicates a signatures are obtained, permittee necessary Town of Vail signatures. T BE ON THE JOBSITE BEFORE THE en working on asphalt. at all times. utility locations and approvals. Once all utility company application through the Public Works office to obtain the up to one week to process. Depth Total SF $ Total LF $ Permil Fee Total Permit Fee $ 6. Public Service Natural Gas Group ('l-800-922-19871 Public Service Company (1 U.S. West (1 -800-922-1 987) TCI Cablevision of the Rockies (1-800-922-1987) Eagle River Water & Sanitation District (970'476-7480, ext. 114) Holy Cross Electric Company (1-800-922-1987) Town of Vail Electricians (970-479-2158) Town of Vail lrrigation (970-479-21581 Town of Vail Public Works Construclion Inspector (970-479-2198) THERE WILL BE NO TOTAL STREET CLOSURESI A construction traffic control plan must be approved by the Pub|icWorksDepartmentpriortoiSsuanceolthepermit. All excavation must be done by hand within 18" of utilities - (Senate Bill 172). 11 . permittee must contact public Works Department at 479-2198 24 hours prior to commencing ol work. Failure to notify tne fown will result in forfeiture of bond money. Scheduled inspections which are not ready may result in the Town charging the contractor a reinspection fee. 12. I certify that I have read all chapters ol Title 8 - Public Ways and Property, ot the Vail Municipal Code and all utility company agreemenrs, signed by me, and will abide by the same, and that all utilities have been notified as required. 9. 10. Contractor's Signature of Agreement ATTACH PLAN OF WORK, INCLUDING CONSTRUCTION TRAFFIC CONTFOL PLAN show streets with names, buildings, and location of cuts. USE DASH LINES FOH CUT. Prinl name cleally Date ol Signature White - Public Works Yellow - Contractor DRAINAGE AND CULVERT INSPECTIONS ARE REOUIRED BY PUBLIC WORKS! Please read and check offeach of the items below: lA. dXffim"Town of Vail Building Department has developed the following procedures to ensure that new construction sites have adequately established proper drainage from building sites along and adjacent to Town of Vail roads or streets. .ffitne Town of Vail Public Works Department will be required to inspect and approve NrtI drainage adjacent to Town of Vail roads or streets and the installation of temporary or permanent culverts at access points from the road or street onto the construction site. Such approval must be obtained prior to any requests for inspection by the Town of Vail Building Department for footings, temporary electrical or any other inspection. Please call Leonard Sandoval at479-2198 to request an inspection from the Public Works Deoaftment. Allow a minimum of 24 hour notice. \116 Also, the Town of Vail Public Works Department will be approving all final drainagelvrr and culveft installation with resulting road patching as necessary. Such approval must be obtained prior to any Final Certificate of Occupancv issuance. Agreed to by: Project Name: Date Signed: F:/everyone/forms/bldperm6 oo DEPARTMENT OF COMMUNITY DEVELOPMENT I TOWNOFVAIL 75 S.FRONTAGEROAD VAIL, CO 81657 970-479-2138 NOTE: THIS PERMIT MUST BE POSTED ON TOBSITE AT ALL TIMES ELECTRICAL PERMIT Permit #: 802-0052 Job Address: 845 FOREST RD VAIL Status . . . : ISSUED Location.....: 846 FOREST RD Applied . . : 04/30/2002 Parcel No...: 21,01,07209001, Issued . . : 05/03/2002 ProjectNo: Expires..: 10/30/2002 oI{NER EAGT,E RrVER WATER & SANTTATTO4/3O/?1O2 Phone: 845 FOREST RD VAIII CO 8165 7 IJicense: APPLTCANT D.P. ELECTRTC 04/30/2002 Phone': 970-926-4L4O P.O. BOX 711 EDWARDS, CO 81632 License: 119 -E CONTRACTOR D.P. ELECTRIC O4/3o/2oo2 Phone: 97o-926-4L4o P.O. BOX 7l-l- EDV{ARDS, CO 4]-632 License:119-E Desciption: TENANTREMODEL/UPDATINGELECTRICALSERVICE Valuation: $18,500.00 FEE SUNIN{ARY Electrical----> DRB Fee-----> Investigation---> Will Call------> TOTAL FEE}>s0.00 9342.00 90.00 $0.00 s3.00 $345.00 Total Calculated Fees--> 5345.00 Additional Fees---->s0.00 Total Perrnit Fee------> 9345.00 Payments---------------> $34 5. 00 BALANCE DUE-.-_-..> Approvals:I€e-m: 05000 ELECTRICAL DEPARTMENT o4/3o/2oo2 DF Action: AP IteM: 05600 FIRE DEPARTMENT CONDITIONS OF APPROVAL Cond:12 j:::.1":.-:'"-':.:""::::-".:-'.1":Y".T:*:T:y:"::-:::-::":::-::"?:-*-:::l-""'-aT DECLARATIONS I hereby acknowledge that I have read this application, filled out in fulI the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the inlormation and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design rfi*"""n Unifomr Building Code o and other ordinances of the Town applicable thereto. REQI,'ESIS FOR INSFECTION SHALL BE MADE TWENTY.FOUR HOTJRS IN ADVANCE BY TELEPHONE AT 479-2138 OR AT OUR OFIICE FROM 8fr AM - 5 PM. SIGNATLJRE OF OWNER OR CONTRACTOR FOR HIIVISELF AND OWNEI + +* + 'l *'} + + |' * *'|'t** * '| | + *** ++ + *t f* t f * t * + **t I + t * * | + + + *** + + * * * * * f * * t ***** *** * * *'l * * * t **l **t*{' * t ** r* TOWN OF VAIL, COLORADOCopy Reprintd on0*22-202 tt14222:56 05t2a2w2 Statement ** * * * *+** *+*****r + *+*+'itt**'.t +lf ** 't*+++{++ ++++t +**+f + * + **+* **+*****41+l*+*l* +*+**+++*t | ++*a* statement Nurnber: Rooooo2294 Arnount: $345.0o 05/03/2oo2l1 :5? AIrl Palment Method: Check Init: DF Notsation: check# 21289 $34s. O0 ***t****+*'t{rt++**f ++ + +a'}t**t.l' + * *ft + ***** * * * ** + * i f*** 't + + +t* * **********l i ++ff+ + **+t +*** a *a l*at Permit No: Parcel No: siEe Addregs: Locatsion: Thia Palment: ACCOUNTITEM LIST: Account Code EP 001000031i1400 t.lc 00100003112800 EO2-OO52 210IO7209001_ 845 FOREST RD 845 FOREST RD Descni pti on I't4)e: ELECTRICAL PERMTT VAIIJ Total Feea: Total. AIJIJ Pmts : Balance: Curnent Pmts $34s.00 $34s.00 90.00 TEI'1POMRY POI,iER PERMITS IIILL CALL INSPECTION FEE 342.00 3. 00 IWozotl9 Frcic:ct #l /\6.- Building Permit #: Electrical Permit #: NMlOF 75 S. Frontage Rd. Vail, Colorado 81657 5.co CONTRACTOR I NFORMATION Electrical Contractor: Do Pett.t n €t.a Town of Vail Reg. No.: Q"Lro) qr(- 9rtro AMOUNT OF SQ FT IN STRUCTURE: ---------ELECTRICALVALUATION: S I fl -f ConA.t AsesorcOfficeat9 or forParel # ffinffi*.ffi ZrotolzoSoor lob Name: Lr-,,* aFF,.<E- {ls+-Dl-r.-lob Address: gq6 furcsr t?0, ofuL, ( o Legal Description Lot:2./l Block:Filins: Z veng{! v)ll sroornirron, Owners Namet€AbLL P.o#,?;9 ll A<ldress: g4a F-o<sr fp. 1p,u, ro Phone:ta-q76- V'tgo Engineer:Address:Phone: Detailed description of work: Tr-l;**r /ZF-*-r>e .l I , {1 iz.- {\ ,1 WorkClass: New() Addition( ) Remodel (1) Repair( ) TernpPower( ) Other( ) Work Type: Interior (5<l Exterior ( ) Both ( )Does an EHU exist at this location: Yes ( ) No ( ) Type of BUg.: Single-family ( ) Duplo( ( ) Multi-family ( ) Commercial Sa Restaurant ( ) Other ( ) No. of Existing Dwelling Units in this building: n,lR No. of Accommodation Units in this building: Is this oermit for a hot tub: Yes ( ) No l\ ) Does a Fire Alarm Exist: Yes ( X No ( )Does a Fire Sprinkbr Systern Exist: Yes ( ) No k ) ***n*r?i****!r**r*******r******,ri****i***FOROFFICEUSEONLY*******tt*.************ti**********it F:/everyoneforms/decperm I NWtl0F Underground services have to be in conduit (PVC) from the transformer to the electric meter, main disconnect switch and to the first electrical distributon circuit breaker panel. The main disconnect swjtch shall be located ne)c to the meter on the exterior wall of the structure easily accessible, All underground conduits are required to be inspected before back-filling the Uench. In multi-fEmi[ dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and spaces are accepted. NM Cabte (ifomo<) is not illowed in commercial buildings or structures exceeding three (3) stories. No use of iluminum wire smaller than size #8 will be permitted with the Town of Vail. TOWN OF VArL ELECTRTCAT PEBMTT GUTDEUNES All installagons of exterior hot tubs or spa's require a DRB approval ftom planning' This applkation will not be accepted without a copy of the DRB approval form attached (if applicable). If this permit is for installation of an exterior hot tub or spa on a new ebvated platform or deck over 30" above grade, you must also obtain a building permit. If this permit is for installation of an exterior hot hrb or spa on any existing deck or eletrated plafform, a structural engineer must review the existing condition and verify that it will support the added concentrated load. please provide a copy of the structural engineers wet stamped letter or drawing with this applicaUon. o If this is a remodel in a multi-ftmily building with a homeowners association, a letter of permission. from the association is required. u If this permit is for a commercial space, two (2) sets of stamped drawings are required. .,//' ,/' u//a /at-tl / Date Signed If you have any questions regarding the above information or have addiHonal questions, pfease contact ile to*n of Vail frcctricat Inspector at97$-479'2147' The inspecbr oan be leached on Tuesday, Thursday and Friday mornings behrveen the hourc of 8am and 9am. Yott may also leave a Yoice mail and the inspector will call you back Amendmentb the 1999 N.E.C. Town of Vail Ordinance 1O-1-6. Overhead services are not allowed in the Town of Vail.o u n a1 tr o Signaturc o TMENT OF COMMUNITY DEVELOPMENT o DEPARTOWN OF VAIL 75 S. FRONTAGE ROAD VAIL, CO 81657 970-479-2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES MECHANICAL PERMIT Permit #: M02-0099 Job Address: 846 FOREST RD VAIL Status . . . : ISSUED Location.....: 846 FOREST ROAD Applied . . : 0511012002 Parcel No...: 210107209001 Issued. .: 05/17/2002 ProjectNo t ((l-SO7 O{31 Expires. .: tt/t3/2002 ovINER EAGr-,E RrVER WATER & SANTTATT}5/LO/2OO2 Phone: 846 FOREST RD VAIL CO 81557 License: CoNTRACTOR GYPSITM CREEK SHEETMETAT, & HE05/aO/2O02 Phone:. 303-524-7254 P O BOX 250 GYPSI]M CO 8153 7 License: 132 -M APPI,ICANT GYPSW CREEK SHEETMETAI, &. HE'OS/LO/2OO2 PhONC: 303-524-7254 P O BOX 260 GYPSUM CO 81637 I-,icense: l-3 2 -M Desciption: TENANTREMODEL Valuation: $7, 100.00 Fireplace Information: Restricled: Y # ofGas Appliances: 0 # ofcas Logs: 0 # of Wood Pellet: 0 * l a *,| *,t:l* 't:t,t l 't* * l Mechanical--> S160. OO Restuarant Plan Review--> So. oO Tolal Calculated Fees--> 9203 - 00 Plan Check--> $40. oo DRB Fee---------------> So ' oo Additional [:ees'-------> S0 ' 00 Investigarion-> So. oO TOTAL FEES---------> S203 .00 Total Permit Fee------> $203.00 Will Call---> $3. oo Payments------'---------> $203 ' 00 BALANCE DUE-----> s0.00 Item: 05100 BUIIJDING DEPARTMENT 05/L6/2002 cDAvrs Action: AP It.em: 05600 FIRE DEPARTMENT CONDITION OF APPROVAL Cond:12 (BLDG.): FIEI_,D INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. Cond: 22 (BLDG.): COMBUSTIONAIR IS REQUIRED PER SEC. 701 OF THE 1997 UMC, OR SECTION 701 0F THE 1997 rMC. Cond:23 (BLDG.): INSTAI.,]-,ATION MUST CONFORM TO MANUFACTT'RES INSTRUCTIONS AND TO CHAPTER 10 OF THE 1997 I'MC, CHAPTER 10 OF THE 1997 IMC. Cond:25 (BLDG. ) : GAS APPITIAI,ICES TERMINATE AS SPECIFIED Cond: 29 (BLDG. ) : ACCESS TO HEATING EQUTPMENT MUST COMPL,Y WITH THE 1997 I'MC AND CIIAPTER 3 OF THE 1997 IMC. Cond: 31 (BLDG. ) : BOfLERS SHAI,L BE MOIJN|ED ON FITOORS OF NONCOMBUSTIBI-,E I,ISTED FOR MOUMTING ON COMBUSTIBI,E FI,OORING. Cond: 32 (BLDG.): PERI'IIT,PLANS AIiID CODE AIiIALYSIS MUST BE POSTED IN MECHANICAL ROOM PRIOR TO AIiI INSPECTION RBQI]EST. Cond: 30 (BLDG.): DRjAINAGE OF MECIIAIIICAIT ROOMS CONIAINING HEATING OR HOT-WATER SUPPLY BOII,ERS SHAI-,L BE EQUIPPED WITH A FI,OOR DRATN PER SEC, LO22 OF TTIE 199? I'MC, OR sEcTroN 1004.6 0F THE 1997 rMC. ;ff;|*;tJt+'r+******'r***'**'**'r*'r*'i*'|:.r'r*'rr:l**:l'tl I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to buitd this structure according to the towns zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances ofthe Town applicable thereto. o CHAPTER CTIAPTER CHAPTER o SHAI,L IN SEC BE \ISITED ACCORDING TO .805 0F THE 1_997 I]MC, OR 8 A}iID SHAI,I, 8 0F TIrE 1997 rMC. 3 AIID S8C.1017 0F CONST. I'NI,ESS REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS TNADVANCE BY TELEPHONE AT 479-2138 OR AT OUR OFFICE FROM 8:00 AM - 5 PM. OR CONTRACTOR FOR HIMSELF AND OWNEF * * * * * ** * * *+ * * + ++ * * * * + * + *+ * + * ** + * + ** * l.****1.******+*ri*+{.,t++*+{.*+1+****}**1.*** * + * * * *+ * * * ** + * *t f, TOWN OF VAIL. COLORADO Statement ++ * * *+ + i * + * * f, ** + * * * * **+** ********************* *****+***t+***f *1.*+*****+************t+* ***+*a Statement Number: ROOO0024O9 Amount: $203.00 05/t7/2OO2l0:48 AM Pa)ment Method: Check Inits: LC NotaEion: #1211s/Gypsum Creek sheets MetsaI Permj-ts No: M02-0099 Tl4)e: MECIANICAL PERMIT Parcel No: 210107209001 Site Address: 845 FOREST RD VATL Location: 845 FOREST RoAD Total Fees; 5203.00 This Payment: $203.00 Total AJ,L Pmts: $203.00 Ba1a.nce: $0.00 **,1*** * +*** * *** {. ****'1.* *** * * * * * * + * * * * * * +:1. * * + * * * *,} * * * * {. * * * * | * * * * * **** * *** ** * * * * * * * *,1.,t * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts MP OO1OOOO31113OO MECHANICAL PERI'4IT FEES 160.00 PF 00100003112300 PLAN CHECK FEES 40.00 !,lC OO1OOOO3112BOO WILL CALL INSPECTION FEI 3.OO APPLICATI o ON WILL o NoT BE ACCEPTED IF INCOMPLETE oR UNsfctfP; . \ ,.-./ ^._>_Project $2 /c 't / J 1. | )..) Building Permit #:_ Mechanical Permit #: 97 O-47 I -2149 (Inspections) mml0|vtn 75 S, Frontage Rd, Vail, Colorado 8165f, Perm I not be acceoted without the Room RoomAi-t Gas Heat Loss Calcs.o Equipment Cut/Spec Sheets CONTRACTOR INFORMATION Mechanical Contractor: uu CflFEC Town of Vail Reg. No.:Contact and Phone #'s:2-5 MECHANICAL: $ V/oc COMPLETE VALUATION FOR MECHANICAL PERMITLabor & Materials ************************FOR OFFICE USE ONLy***************************** Other Fees:Planner Siqn-off:Accepted By: DRB Fees:Date Received: / @ntad /lssessorc Office at 97O-328-864O or visit forPatel # Paref # (Required if no bldg. permit # is provided above) O/a ro f f-o / a " / JobAddress: t/6 ?onasf ge Filingt 2 - -a'o WorkClass: New( ) Addition( ) Alteration(-f Repatr( ) Other( ) Does an EHU exist at this location: Yes ( ) No ( )Boiler Location: Interior ( ) Exterior ( ) Other ( ) Type of Bldg: Single-family ( ) Duplex ( ) Multi-family ( ) Commercial ( f Restaurant ( ) Other( ) No. of Accommodation Units in this building:No. of Existing Dwelling Units in this building: of Fireolaces Existinq: Gas ApDliances ( ) Gas Loqs ( ) Wood/Pellet ( ) Wood Burni Noffype of Fireplaces Proposed: Gas Appliances ( ) Gas LoSs ( ) Wood/Pellet ( ) Wood Burning (NOT ALLOWED) Is this a conversion from a wood burning fireplace to an EPA Phase II device? Yes ( ) No ( ) F: /everyone/forms/ mechperm Town of Vail Mechanical Codes and Desiqn Criteria . You must obtain Design Review Board (DRB) approval if any of the mechanical work will involve ANY exterior work. This includes and is not limited to removal and replacement of driveway snow meft systems. Please contact a planner at 479-2128 before submitting your mechanical permit application. . The Town of Vail has adopted the 1998 International Mechanical Code (IMC) with the 1997 Uniform Mechanical Code (UMC) as an acceptable alternative. . All new construction within the Town of Vail is considered to be of unusually tight construction, thus all combustion air is required to be drawn from outside the structure for mechanical equipment. Reference the 1997 UMC Sec. 701.2. Town of Vail Fireplace Ordinance In September of 1991, the Vail Town Council adopted an ordinance which restricts te construction and use of open heafth fireplaces within municipal boundaries. Since that time the ordinance has undergone numenous changes and revisions, striving for compromise, yet effectiveness in addressing the air quality issue. Therefore the following criteria has been adopted: . Construction of open heafth wood burning fireplaces is no longer permitted within Town of Vail municipal boundaries. o Dwellinq Units - Each new dwelling unit may contain: One (1) EPA Phase II ceftified solid fuel burning device and no more than two (2) gas appliances (B vent) OR Two (2) gas log fireplaces and no more than two (2) gas appliance fireplaces (B bent). . Restricted Dwellino Units - Each new restracted dwelling unit may contain: One (1) gas log fireplace and not more than one (1) gas appliance fireplace. o Accommodation Units - Each new accommodation unit may contain: One (1) gas log fireplace or one (1) gas appliance fireplace. . If two or more separate dwelling units or accommodation units are combined to form one larger unit, the combined unit may retain one woodburning fireplace (if one already exists) and no more than 2 gas appliance fireplaces, or may convert up to two existing fireplaces to gas. . If during the course of a remodel an existing woodburning fireplace is altered or movedf the unit must then comply with all provisions of the ordinance. That is, the fireplace must be converted to natural gas or replaced by an EPA Phase II ceftified unit. F: / everyone/forms/ mechperm