HomeMy WebLinkAboutPEC17-0041_East Vail WFH Subdivision Narrative 8-28-17_1503941950.pdf East Vail
Workforce Housing Parcel
Minor Subdivision
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Submitted to the Town of Vail: August 28, 2017
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I V I ;Lei
VAI LRESORTS'
Mauriello Planning Group EXPERIENCE OF A LIFETIML
Introduction
Vail Resorts, represented by Mauriello Planning Group, is requesting a minor subdivision for the
property located just to the north of the East Vail 1-70 interchange. The existing zoning of the property
is Two-Family Residential (R) zone district. The property is proposed to be zoned Housing Zone
District (H) on the western 5.4 acres of the site, and Natural Area Preservation District (NAP) on the
eastern 17.9 acres of the site. The proposed subdivision is proposed for the sole purposes of
providing a legal description to unplatted property and to facilitate the zone district boundaries to
follow platted lot lines.
No development plans for any workforce housing project have been developed at this time. Once the
boundaries of the parcels are approved and the zoning is established, any development plan
submitted to the Town will need to stand on its own and comply with the Town's regulations, including
the submittal of an environmental impact report. A geohazard report, completed by Cesare, Inc., and
a wildlife report, completed by Rick Thompson of Western Ecosystems, Inc., have been included with
this submittal.
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•
Photo of a portion of the property
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Site Analysis
Property: Unplatted Parcel. Located just to the north of the East Vail interchange
Lot Area: 23.3 acres
Zoning: Two-Family Residential
Proposed Zoning: Housing Zone District (5.4 acres) / Natural Area Preservation District (17.9 acres)
Hazards: High Severity Rockfall, Some Slopes in Excess of 40%
As indicated in the Rockfall Hazard Study that was completed by Cesare, Inc., the report recommends
rockfall remediation, stating:
Based on the CRSP[Colorado Rockfall Simulation Program] analysis results and existing rockfall
mitigation structures on the neighboring site to the west, a rockfall barrier or wall at last 12 feet
in height is recommended. Based on site conditions, including such aspects as slope angle
and property boundaries, a rigid wall system would be more ideal than a flexible fence or
berm/basin.
In reviewing any landslide considerations for the property, the report states:
Based on the lack of evidence of recent landslide movement...Cesare does not recommend
monitoring of the landslide at this time. Slope stability should be a primary consideration if
ground modifications and development are planned in or near the landslide mass.
The geohazard report also recommends that debris flow hazard potential be considered in future
development stages.
Rockfall Map
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Steep Slopes Map
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Both the land slide potential and debris flow considerations are attributed to the east portion of the
property being proposed for protection as afforded by the NAP zone district.
Refer to the Rockfall Hazard Study included as part of this submittal under separate cover.
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Criteria for Review: Minor Subdivision
Section 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS, of
the Vail Town Code provides the criteria for review of a minor subdivision. The following section
includes the criteria, along with an analysis of the compliance of the proposal with the criteria:
(1) The extent to which the proposed subdivision 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; and
Applicant Analysis:
The property is governed by the Vail Land Use Plan. In addition, there is specific discussion of this
property in the Comprehensive Open Lands Plan. Other applicable plans include the Vail 20/20 Plan
and the Housing Strategic Plan, all of which are described below:
• Vail Land Use Plan
The adopted map of the Vail Land Use Plan shows a designation of "Open Space" for the property.
The Open Space designation is defined as follows:
LAND USE DESIGNATIONS
HIIIsic P.RP.51d Rntlfll 1'8'1sitio 1 Ar
I Low Density Resicentia[ PubiiuSemi-Pul is
RAwdiirm[)engity I laflirlantifll H 5k Ease
Hiyll Density Res del Ilra Park
Rescn Rccammadatians and Services ❑pan Space
Currrl nudity Off c Not Designated
ViIIaac Mnstcr Plan
\ —I Lionel-lead Redevelopment Nasser Plan nnSIF ff GoreSkiPortal Creek
�CommunityCamnercial A/TownBoundary
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Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types
of areas in this category. Hillsides which were classified as undevelopable due to high hazards
and slopes over 40% are also included in this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35 acres, for areas in
agricultural zoning. Also, permitted in this area would be institutional/public uses.
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This property was likely included in this category due to the confusion regarding ownership, in
addition to steep slopes and high rockfall hazard. At the time of the adoption of the Vail Land Use
Plan the zoning and private ownership status of the property was not clear and there was no detailed
analysis performed to determine the slopes on the property. The applicant believes the designation
to be erroneous and the result of incomplete or inaccurate information.
The subdivision proposal implements the zoning of Housing Zone District on the more buildable
portion of the property (slopes less than 40%), while the remainder of the site which is generally slopes
in excess of 40% will be zoned Natural Area Preservation, which precludes development. This would
be in keeping with the intent of the land use designation, while providing a developable site for
employee housing under the Housing Zone District in an area that is currently impacted by the
presence of 1-70 and the North Frontage Road.
• Comprehensive Open Lands Plan
Parecl 35: Parac[s C.-2,C-3,6-4 and 6-5
At the time of adoption of the Comprehensive Open Lands [yaw priarityLOA pare 1s:TQV acquire from us.
Plan, the applicant believes this property was thought to be forest Service, Then TOVshould trade these parcels
to LOOT for parcel 36(which iS now owned by
owned by CDOT. It is identified as Parcel 36. The plan man.
indicates that the existing zoning of the property is Two-
Family Residential, and its open space objective is
"environmental protection" with a proposed use of "open
space" and as a "high" priority. The map designation is j i -.a.
shown below: � ,
WAILFEAO
With the steeper portions of the site proposed to be zoned .. 4'N,� sit I
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NAP, and only the flatter, more developable areas proposed
to be zoned H, the intent of the Comprehensive Open Lands '`'
Plan is met, while simultaneously helping to meet the Town's V:e', ;
goals of providing more employee housing within the Town
boundaries. Clearly had the property been known to be in _.—.___._....._._.
private ownership, the recommendations of this plan would "parcel3k Un»latra Land Norehof Fast Vail
have been different to avoid the taking of private jnn .
High priority. TOV acquire development rights for
development rights. open space use ortrrxleparcel(s)35for parcel 36.
Has potential for development_
• Vail 20/20 Plan
The Vail 20/20 Plan provides the following goals:
Provide for enough deed-restricted housing for at least 30 percent of the workforce through
policies, regulations and publicly initiated development.
The Town of Vail recognizes the need for housing as infrastructure that promotes community,
reduces transit needs and keeps more employees living in the town, and will provide for
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enough deed-restricted housing for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
The proposed zoning of Housing on the buildable area of the site helps to further the goal of the Town
of Vail to provide deed-restricted housing for 30% of the workforce. This property creates an exciting
opportunity to create new workforce housing stock, while still protecting the steeper hillside from
development by zoning the steep portions NAP.
• Employee Housing Strategic Plan
The Employee Housing Strategic Plan outlines the Town of Vail's goals and policies to ensure
employee housing. It provides the following objectives:
•;• Actively address affordable housing for Vail workers to ensure that the community remains
competitive in economic terms.
•;• Increase and maintain deed-restricted housing within the Town to encourage the efficient use
of resources by placing employees closer to their place of work.
The proposed subdivision and zoning will allow for the creation of new deed-restricted employee
housing units within the Town of Vail, allowing the Town of Vail to remain economically competitive in
attracting and maintaining a quality workforce.
The subdivision proposal is consistent with the goals and objectives of the various Town of Vail
planning documents and helps to further one of Vail's critical needs: creating employee housing within
the Town of Vail boundaries to ensure that Vail remains economically competitive while simultaneously
preserving the majority of the site as open space, another identified goal of the Town of Vail. That
these two objectives can be met on privately-owned property within the Town of Vail boundaries
furthers the goals and objectives of the various Town of Vail planning documents.
(2) The extent to which the proposed subdivision complies with all of the standards of this title,
as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent
regulations that the planning and environmental commission deems applicable; and
Applicant Analysis:
The proposed subdivision is to facilitate the zoning of the property from Two-Family Residential to
Housing on the western portion of the property (Lot 1) and Natural Area Preservation on the eastern
portion of the property (Tract A). The map below indicates the proposed zoning which has been
submitted under a separate application.
Section 12-61-1 provides the purpose of the H zone district:
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The housing district is intended to provide adequate sites for employee housing which,
because of the nature and characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other residential zone districts. It is
necessary in this zone district to provide development standards specifically prescribed for
each development proposal or project to achieve the purposes prescribed in section 12-1-2 of
this title and to provide for the public welfare. Certain nonresidential uses are allowed as
conditional uses, which are intended to be incidental and secondary to the residential uses of
the district. The housing district is intended to ensure that employee housing permitted in the
zone district is appropriately located and designed to meet the needs of residents of Vail, to
harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other
amenities appropriate to the allowed types of uses.
Proposed Zoning
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The H zone district allows the Planning and Environmental Commission (PEC) to set most development
standards, creating flexibility to create a housing project that is suitable to the individual site. As a
result, the proposed subdivision facilitating the zone district amendment is consistent with the H zone
district. There is no preconceived notion about densities, building layouts, or building height
associated with the proposed subdivision and zoning of the property. The PEC will evaluate any
development proposal, its impacts, and apply the review criteria in determining the final outcome.
Section 12-8C-1 provides the purpose of the NAP zone district:
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The natural area preservation district is designed to provide areas which, because of their
environmentally sensitive nature or natural beauty, shall be protected from encroachment by
any building or other improvement, other than those listed in section 12-8C-2 of this article.
The natural area preservation district is intended to ensure that designated lands remain in
their natural state, including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands having valuable
wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas
with significant environmental constraints. Protecting sensitive natural areas is important for
maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control,
protecting view corridors, minimizing the risk from hazard areas, and protecting the natural
character of Vail which is so vital to the town's tourist economy. The intent shall not preclude
improvement of the natural environment by the removal of noxious weeds, deadfall where
necessary to protect public safety or similar compatible improvements.
The majority of the site, including the areas of 40% slopes, will be zoned NAP. This allows for the land
area that is environmentally sensitive to be preserved as open space with no development to occur in
this area. This helps to preserve wildlife habitat and protects the natural character of Vail. As a result,
the proposed subdivision, facilitating the rezoning, is consistent with the NAP zone district.
Plans for the development of the housing site have not been initiated at this time, and any
development plan will comply with all applicable zoning regulations.
(3) The extent to which the proposed subdivision presents a harmonious, convenient, workable
relationship among land uses consistent with municipal development objectives; and
Applicant Analysis:
The proposal to subdivide and rezone the property to H and NAP furthers two major development
objectives:
• Provision of employee housing
• Protection of environmentally sensitive land
It is rare that these two often-times competing objectives can come together in one project. The
proposal creates an opportunity for employee housing on a small portion of the developable portion
of the property, while protecting the remainder by precluding development. That these two
objectives can meet on this privately-owned property within Town of Vail boundaries, creates a unique
opportunity to create a harmonious relationship among land uses.
The subdivision is being proposed to generate a legal description for a current unplatted parcel of
land. The parcel could be zoned and developed without the need for a subdivision, but the applicant
believes its in the public interest to establish a formal boundary for the property. The property is also
somewhat removed and isolated from other developed residential areas, reducing the impacts of any
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future development on neighboring developed properties thus ensuring a harmonious relationship.
As a result, the proposal is consistent with this criterion.
(4) The extent of the effects on the future development of the surrounding area; and
Applicant Analysis:
Though the site is visible from the East Vail 1-70 interchange, it is relatively isolated from other uses in
the vicinity. The only directly adjacent residential property is the Falls at Vail (formerly Pitkin Creek
Townhomes). The Falls at Vail is zoned Residential Cluster and the land use designation is "Medium
Density Residential." The Falls at Vail consists of 23 townhouses constructed in the early 1980s and
three of the units are deed-restricted as employee housing units, based on the Town of Vail GIS data.
Permitted uses allowed by the RC zone district are primarily residential uses, including EHUs, multiple-
family, single family and duplex units. Some limited commercial uses are allowed by conditional use in
the RC zone district. These residential uses are separated from any developable areas by the large
tract proposed for NAP zoning.
USFS The Falls at Vail
% Subject Property
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neighborhood ,x-.71 -
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The uses allowed by the H zone district are similar to those listed in RC, though EHUs are the only
permitted residential use in the H zone district. Free-market dwelling units are allowed by conditional
use and are limited to 30% of the GRFA constructed on the site. Similarly, limited commercial uses are
allowed by conditional use, but generally only to serve the residential uses of the site.
The property to the north is outside Town boundaries and is United States Forest Service land, and
Town of Vail open space is located across the Interstate and Frontage Roads. There are a few
residential properties far to the south of the property, across the Interstate and Frontage Roads, within
the Bighorn/East Vail neighborhoods. The Booth Falls neighborhood is located relatively far to the
west of the property.
Any future development of Lot 1 as proposed in this subdivision will not preclude or inhibit
development on any adjacent parcel of land and the proposed subdivision will not impact the future
development of the surrounding area.
(5) The extent to which the proposed subdivision is located and designed to avoid creating
spatial patterns that cause inefficiencies in the delivery of public services, or require
duplication or premature extension of public facilities, or result in a "leapfrog" pattern of
development; and
Applicant Analysis:
The proposed subdivision is located within the Town of Vail boundaries, adjacent to a transit stop, and
adjacent to existing residential development (The Falls at Vail). Public services are readily available to
the Proposed Lot 1 and there will be no duplication or premature extension of public facilities. The
proposed subdivision of this infill lot does not qualify as a leapfrog development pattern since it is
currently zoned for development and is located in close proximity to other residentially developed
properties, and all utilities and public services can be provided to the site. The proposal is to generate
a legal description for the property and create an open space tract. No extension of infrastructure is
being proposed with this subdivision. The property could be developed today with or without this
proposed subdivision. The proposed subdivision complies with this criterion.
(6) The extent to which the utility lines are sized to serve the planned ultimate population of the
service area to avoid future land disruption to upgrade undersized lines; and
Applicant Analysis:
Utilities are available in the general vicinity, and while some extension of services or upgrades to aging
utility lines may be required, they will ultimately serve the future development of the project. The
applicant of the future housing project will work with all utility providers prior to obtaining approval of
any development proposal.
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(7) The extent to which the proposed subdivision provides for the growth of an orderly viable
community and serves the best interests of the community as a whole; and
The proposed subdivision provides for the growth of an orderly viable community by establishing a
site for employee housing within the Town of Vail boundaries, close to existing services and
transportation, while simultaneously protecting the environmentally sensitive portion of the site.
Employee housing is key to ensuring that the Town of Vail remain economically viable and
competitive, while protecting the environmentally sensitive lands that have created a place worth
living in. This does not constitute spot zoning, as both zone districts help further these goals and
because the entire property is already zoned for residential uses. As a result, the proposed
amendment serves the best interest of the community.
(8) The extent to which the proposed subdivision 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; and
Applicant Analysis:
The proposed subdivision and rezoning allows for the future development of the portion of the site
that is buildable, while protecting the majority of the site in its natural state as undevelopable and
protected. This allows for a project that can protect the natural environment, including the steep
hillsides in excess of 40%. As part of this submittal, a wildlife report and geohazard report have been
included.
The wildlife report, by Rick Thompson of Western Ecosystems, Inc., evaluated the potential
development site (portion zoned H) to analysis the impacts to local wildlife populations. The report
identifies that based on CPW mapping, bighorn sheep and elk are of specific concern for the site.
With regard to bighorn sheep, the report states:
The relatively small potential East Peak [this East Vail property] development would result in a
further loss of winter range, but its location in an area whose habitat effectiveness has been
reduced by existing human disturbance and development should not result in any measurable
change in habitat use or herd size.
In the review of the impacts on the elk population, the report states:
Similar to sheep, the relatively small potential East Peak (this East Vail property] development
would result in a further loss of winter range, but its location in an area whose habitat
effectiveness has been reduced by existing human disturbance and development should not
result in any measurable change in habitat use or herd size. Approximately 75% of the parcel
would remain available for continued elk use.
The geohazard report was completed by Cesare, Inc, and was prepared in accordance with the Town
of Vail hazard regulations and mapping. The report focuses on rockfall and landslide hazards on the
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site. Recognizing that there is evidence of rockfall events on the property, the report does recommend
rockfall remediation, stating:
Based on the CRSP analysis results and existing rockfall mitigation structures on the
neighboring site to the west, a rockfall barrier or wall at least12 feet in height is recommended.
Based on site conditions, including such aspects as slope angle and property boundaries, a
rigid wall system would be more ideal than a flexible fence or berm/basin.
In reviewing any landslide considerations for the •
property (the east portion of the site), the report '`;=' = ;: :i
states: -.,,4,- ,ice
. • - i
Based on the lack of evidence of recent ,r ;., ,..: :; - .e„
landslide movement...Cesare does not x';:{.;' ,.' • ` '" '.. . -: .. +•i
recommend monitoring of the landslide at "' ` ry•.L;, . -I.
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this time. Slope stability should be a primary - `_ `.- " ,.._1,-
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consideration if ground modifications and ` . `; "`` :; - `'''P:, ' -4�' 'E'
development are planned in or near the ��. ., .: ..., ;,,• . ..4•ti_,. '..
landslide mass. „.._.:, Q'. ,i. .
The geohazard report also recommends that debris - - -_ ;;.
flow hazard potential be considered in future - ----_--- .�....___.._-"�-
development stages. Booth Falls rockfall mitigation berm
Because the entirety of the site is currently zoned for
residential development, the proposed subdivision and zoning would limit future development to the
eastern portion of the site, with the majority of the property zoned to preclude development, and as a
result the proposed subdivision results in a net beneficial impact to the natural environment and
complies with this criterion.
(9) Such other factors and criteria as the commission and/or council deem applicable to the
proposed subdivision.
Applicant Analysis:
Any other factors can be addressed as necessary.
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