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HomeMy WebLinkAbout2017-09-19 Agenda ans Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, September 19, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Consent Agenda 2.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase 5 min. of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado 2.2. Public Works Site Water Quality Project Award Background: As a part of the Gore Creek Strategic Action plan, staff has had water quality improvements designed for the Public Works surface parking lots. The Town received two bids for the installation. 2.3. Resolution No. 30, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail Colorado and the Colorado Department of Transportation Regarding the Intermountain Transportation Planning Commission; and Setting Forth Details in Regard Thereto Background: CDOT works closely with many planning partners throughout the state, including local officials in ten rural Transportation Planning Regions (TPRs) and the five Metropolitan Planning Areas. The Town of Vail is a part of the Intermountain TPR (IMTPR). Town engineering staff meets quarterly with CDOT and the I MTPR to participate in the planning of regional and statewide multimodal transportation plans. CDOT is in the process of updating the outdated IGA's for these TPR's. 3. Town Manager Report 3.1. Chamonix Neighborhood Project Update (verbal report) 5 min. September 19, 2017 - Page 1 of 4. Public Hearings 4.1. Ordinance No. 13, Series of 2017, First Reading, An Ordinance Approving 120 min. the Rezoning of Lot 1, East Vail Workforce Housing Subdivision, from Two - Family Residential (R) District to Housing (H) District, and the Rezoning of Tract A, East Vail Workforce Housing Subdivision, from Two -Family Residential to Natural Area Preservation (NAP) District. (PEC17-0039) Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2017, upon first reading. Background: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site. On September 11, 2017 the Planning and Environmental Commission held a public hearing on this application, and voted 6-0 to recommend approval to the Vail Town Council for this zone district boundary amendment. Staff Recommendation: The Community Development Department recommends that the Town Council hold a public hearing on this item to take testimony, and then vote on the first reading of this ordinance for a zone district boundary amendment. 4.2. Ordinance No. 12, Series of 2017, First Reading, An Ordinance Amending 30 min. Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23-1, Employee Generation Rates by Type of Construction Use, and to Amend the Definition of Nexus Study in Section 12-2-2, Definitions, Vail Town Code Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2017, upon first reading. Background: The 2006 Vail Employer Survey Summary of Results (Nexus Study) must be updated regularly to remain effective and relevant to ensure an accurate reflection of the current and future employee housing needs resulting from new development and redevelopment in the town. The Nexus Study is used by the Town of Vail in administering commercial linkage requirements for development within the Town of Vail. Staff Recommendation: The Community Development Department recommends that the Town Council open the public hearing and take testimony on the proposed ordinance. 5. Presentations / Discussion 5.1. Update on Parking & Transportation Task Force recommended 2017-2018 30 min. Winter Parking Program Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: Provide direction to the staff and the PATTF on the information presented as well as providefeedback on the issues regarding any additional information which would be useful from the TaskForce as the Town Council will be asked to decide on the winter 2017- 2018 parking program in October. Background: The Parking & Transportation Task Force was formed in 1999 September 19, 2017 - Page 2 of in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. Staff Recommendation: Staff recommends the Town Council provide input, direction and issues the council would like the Parking and Transportation Task Force to address in order to make a final recommendation to the Vail Town Council to review, adopt or modify at a regular evening meeting in October for the upcoming winter 2017-2018 ski season. 5.2. Commercial Ski Storage Update Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Staff asks that the Town Council review the attached memo, answer the questions posed the memo, and provide direction on the proposed text amendments concerning Commercial Ski Storage. Background: On September 5, 2017, the Community Development Department presented the recommendations of the Commercial Ski Storage Task Force on possible code amendments to clarify the Town's existing policy on ski storage, ski concierge, and ski valet. The Town Council directed staff to develop draft text amendments for review before moving forward with the formal ordinance process. The attached memo, recommendations and draft text amendments are provided in response to Council's direction. 6. Action Items 6.1. Resolution No. 29, 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Adopt Resolution No. 29, Series 2107, Transportation Impact Fee Schedule Background: On July 11, 2017 the Town of Vail adopted Title 12-26, Transportation Impact Fee, of the Vail Town Code. The proposed transportation impact fee applies to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage or change use. In order to implement the impact fee Town Council will need to adopt a Fee Schedule. Staff Recommendation: Adopt Resolution No. 29, Series 2107, Transportation Impact Fee Schedule 7. Adjournment 7.1. Adjournment at 10:15 p.m. 30 min. 30 min. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media September 19, 2017 - Page 3 of website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. September 19, 2017 - Page 4 of TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado ATTACHMENTS: Description Resolution No. 27, Series of 2017 September 19, 2017 - Page 5 of RESOLUTION NO. 27 Series of 2017 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF VAIL LEGALLY DESCRIBED AS ALTAIR VAIL INN CONDOMINIUM, UNIT #A104, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4192 SPRUCE WAY, VAIL, COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a physical address of 4192 Spruce Way, Vail, Colorado (the "Property"); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Property is hereby approved by the Council at a purchase price of up to $335,000.00. 2. The Town Manager is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Property and to take whatever steps are necessary to complete the purchase of the Property. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of September, 2017. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 27, Series of 2017 September 19, 2017 - Page 6 of TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Public Works Site Water Quality Project Award BACKGROUND: As a part of the Gore Creek Strategic Action plan, staff has had water quality improvements designed for the Public Works surface parking lots. The Town received two bids for the installation. ATTACHMENTS: Description Memo September 19, 2017 - Page 7 of TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: September 19, 2017 Subject: Award of Contract for Public Works Site Water Quality Improvements I. SUMMARY As a part of the Gore Creek Strategic Action plan, staff has had water quality improvements designed for the Public Works surface parking lots. The improvements include an additional water quality unit, and two additional sediment trap inlet vaults. These improvements will add to the water quality effort that has been on-going, including the water quality improvements that were constructed within the snow dump last year. The Town received two bids for the installation; the vaults have been procured and purchased separately by the Town; Icon, Inc. $245,232 Schofield Excavation $275,000 Both bids are within budget. II. STAFF RECOMMENDATION Staff recommends that the Town Council direct the Town Manager to enter into a contract, as approved by the Town Attorney, in the amount of $245,232 with Icon, Inc. September 19, 2017 - Page 8 of TOWN Of UAJL VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 30, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail Colorado and the Colorado Department of Transportation Regarding the Intermountain Transportation Planning Commission; and Setting Forth Details in Regard Thereto BACKGROUND: CDOT works closely with many planning partners throughout the state, including local officials in ten rural Transportation Planning Regions (TPRs) and the five Metropolitan Planning Areas. The Town of Vail is a part of the Intermountain TPR (IMTPR). Town engineering staff meets quarterly with CDOT and the I MTPR to participate in the planning of regional and statewide multimodal transportation plans. CDOT is in the process of updating the outdated I GA's for these TPR's. ATTACHMENTS: Description Resolution No. 30 Series 2017 September 19, 2017 - Page 9 of TOWN OF VAIL Memorandum To: Town Council From: Public Works Department Date: September 19, 2017 Subject: Resolution No. 30, Series 2017; CDOT Intermountain Transportation Planning Commission IGA I. SUMMARY CDOT works closely with many planning partners throughout the state, including local officials in ten rural Transportation Planning Regions (TPRs) and the five Metropolitan Planning Areas. The Town of Vail is a part of the Intermountain TPR (IMTPR). Town engineering staff meets quarterly with CDOT and the IMTPR to participate in the planning of regional and statewide multimodal transportation plans. This on-going transportation planning process periodically culminates in the development or update of several required planning products including the Statewide Transportation Plan (SWP), Regional Transportation Plans (RTPs), and the Statewide Transportation Improvement Program (STIP). These products include: • Performance objectives with both short-term and long-term goals for the multimodal transportation system, • Strategies to achieve these performance objectives, and • Priorities for investment in transportation programs and projects. CDOT is in the process of updating the outdated IGA's for these TPR's. Attached is a copy of the updated IGA that is required to be signed by all participating agencies. II. STAFF RECOMMENDATION Staff recommends that the Town Council approve Resolution No. 30, Series 2017, an IGA for the Intermountain Transportation Planning Commission. September 19, 2017 - Page 10 RESOLUTION NO. 30 Series of 2017 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE INTERMOUNTAIN TRANSPORTATION PLANNING COMMISSION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") wish to enter into an Intergovernmental Agreement ("IGA") in order to designate rules and responsibilities of the Intermountain Transportation Planning Commission; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, in order to designate rules and responsibilities of the Intermountain Transportation Planning Commission. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of the Town of Vail held this 19th1 day of September, 2017. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk September 19, 2017 - Page 11 AN INTERGOVERNMENTAL AGREEMENT FOR THE INTERMOUNTAIN TRANSPORTATION PLANNING COMMISSION THIS AGREEMENT, effective as of , by and among the following: 1. Eagle County 2. Garfield County 3. Lake County 4. Pitkin County 5. Summit County 6. Town of Avon 7. Town of Basalt 8. Town of Eagle 9. Town of Gypsum 10. Town of Minturn 11. Town of Red Cliff 12. Town of Vail 13. Town of Carbondale 14. City of Glenwood Springs 15. Town of New Castle 16. Town of Parachute 17. City of Rifle 18. Town of Silt 19. City of Leadville 20. City of Aspen 21. Town of Snowmass Village 22. Town of Blue River 23. Town of Breckenridge 24. Town of Dillon 25. Town of Frisco 26. Town of Silverthorne 27. Town of Montezuma 28. Roaring Fork Transportation Authority WHEREAS, the parties to this Agreement which are political subdivisions of the State of Colorado have the authority pursuant to Article XIV, section 18 of the Colorado Constitution and Section 29-1-201 et.seq.,Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually, and; WHEREAS, the Rules and Regulations for the Statewide Transportation Planning Process and Transportation Planning Regions, Section IV, Transportation Planning Regions, Item F, specify that the long-range transportation plans for (name of political subdivision) shall be integrated and consolidated into the Regional Transportation Plan for the Intermountain Transportation Planning Region, and; September 19, 2017 - Page 12 WHEREAS, Section 43-1-1101 C.R.S. recognizes Regional Planning Commissions as the proper forum for required transportation planning, and; WHEREAS, Section 43-1-1102 C.R.S. requires that Regional Planning commissions formed for the purpose of transportation planning must be formed pursuant to Section 30-28-105 C.R.S., and; WHEREAS, the parties to this Agreement desire to cooperate with the Colorado Department of Transportation in the transportation planning activities to determine the mobility needs of the Intermountain Transportation Planning Region, and incorporate the needs and recommendations of the Intermountain Transportation Planning Region into the Statewide Transportation Plan, and; WHEREAS, the Intermountain Planning Region consisting of the areas within the counties of Eagle, Garfield, Lake, Pitkin and Summit was designated in the Rules for the Statewide Transportation Planning process as adopted by the Transportation Commission of Colorado and effective October 30, 1992, and; WHEREAS, the parties to this Agreement are governing bodies or officials having charge of public improvements within their jurisdictions in the Intermountain Planning Region, and; WHEREAS, pursuant to Section IV -B of the Rules, the parties to this Agreement represent units of general purpose local governments representing at least 75% of the population and 50% of the land area of the Intermountain Transportation Planning Region. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Designation of Regional Transportation Planning Commission. The parties to this Agreement shall have one representative each on the Regional Planning Commission for the Intermountain Transportation Planning Region. 2. Responsibilities of the Regional Transportation Planning Commission. The Regional Transportation Planning Commission shall be responsible for reviewing the progress and product of the Colorado Department of Transportation or their designee related to transportation planning and analysis activities to incorporate the needs and recommendations of the Intermountain Transportation Planning Region, suggesting updates and amendments as necessary to the State Transportation Plan pursuant to all applicable federal and state laws and rules or regulations including public participation provisions, selecting a representative to the Transportation Advisory Committee, and participating in the State Transportation Improvement Program development process. 3. Contracting. The Regional Planning Commission may, with the consent of the parties to this Agreement, contract the services of other eligible individuals or entities to carry out all or any portions of the responsibilities assumed by the Regional Transportation Planning Commission under this Agreement. September 19, 2017 - Page 13 c 4. Distribution of state or federal funds. The Regional Transportation Planning Commission may, through contracts or Memoranda of Agreement, receive and expend state or federal funds designated for regional transportation planning 5. Term of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement consider necessary to review completion by the Colorado Department of Transportation of a Regional Transportation Plan for the Intermountain Transportation Planning Region or for periodic updates or amendments as may be required. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties of this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case, the State must approve such termination and arrangements for completing the project. 6. Modifications and Changes. The terms of this Agreement may be modified at any time by agreement of all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, Exhibit A, on the day first written above as evidenced by the attached certification designating the local jurisdiction's representative to the Intermountain Transportation Planning Commission and certified by the appropriate authorized official. September 19, 2017 - Page 14 c VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Chamonix Neighborhood Project Update (verbal report) TOWN Of9 September 19, 2017 - Page 15 c TOWN OF VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 13, Series of 2017, First Reading, An Ordinance Approving the Rezoning of Lot 1, East Vail Workforce Housing Subdivision, from Two -Family Residential (R) District to Housing (H) District, and the Rezoning of Tract A, East Vail Workforce Housing Subdivision, from Two -Family Residential to Natural Area Preservation (NAP) District. (PEC17- 0039) PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2017, upon first reading. BACKGROUND: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site. On September 11, 2017 the Planning and Environmental Commission held a public hearing on this application, and voted 6-0 to recommend approval to the Vail Town Council for this zone district boundary amendment. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council hold a public hearing on this item to take testimony, and then vote on the first reading of this ordinance for a zone district boundary amendment. ATTACHMENTS: Description Staff Memo - Vail Resorts East Vail Rezoning PEC17-0039 Attachment A - Ordinance No. 13, Series of 2017 Attachment B - Staff Memo to PEC September 11, 2017 Attachment C - Results of PEC Meeting September 11, 2017 Attachment D - Vicinity Map - East Vail Rezoning Attachment E - Public Comments - East Vail Rezoning Applicant Presentation Staff Presentation Colorado Geological Survey September 19, 2017 - Page 16 TOWN OFVAI1!) Memorandum TO: Vail Town Council FROM: Community Development Department DATE: September 19, 2017 SUBJECT: First reading of Ordinance No. 13, Series of 2017, an ordinance for a zone district boundary amendment for an unplatted parcel of land in the South 1/2, Southeast 1/4, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto. The parcel is located at 3700 N. Frontage Road East, immediately north of Interstate 70 at the East Vail interchange (Exit 180), to the north and west of Pitkin Creek Townhomes/The Falls at Vail (3850 Fall Line Dr.). (PEC17-0039) Applicant: The Vail Corporation (aka Vail Resorts) represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The applicant, The Vail Corporation (aka Vail Resorts), represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto. The proposed new zone districts are as follows: • Housing (H) District 5.4 acres • Natural Area Preservation (NAP) 17.9 acres II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2017, upon first reading. September 19, 2017 - Page 17 c III. BACKGROUND • On November 5, 1974 the subject property was annexed into the Town of Vail, via Ordinance No. 20, Series of 1974. This annexation included most of east Vail, and the Katsos Ranch area. • On December 2, 1974, the western and southern portion of subject property was zoned as Two -Family Residential (R) District, and the northeastern portion of the property was zoned Agricultural and Open Space (A) District via Ordinance No. 26, Series of 1974. • In 1976, the Town of Vail created a map called "Current Conditions — A Component of the Comprehensive Plan / An Inventory of Comprehensive Planning Decisions from 1968-1976", which indicated that the entire property was zoned Two -Family Residential (R). • The 1981 Official Zoning Map shows the property zoned Two -Family Residential (R) District. • On March 1, 1994, the Town of Vail adopted the 1994 Comprehensive Open Lands Plan, via Resolution No. 6, Series of 1994. The Open Lands Plan identified this site as Parcel 36, and indicated that the parcel was owned by the Colorado Department of Transportation (CDOT). The Plan recommended that the Town of Vail acquire Parcel 35 (an adjacent parcel owned by the U.S. Forest Service) in order to trade Parcel 35 to CDOT in exchange for Parcel 36. It is unclear why the Open Lands Plan indicated CDOT as the owner of Parcel 36 (this subject lot.) • On February 26, 2001, the Town Council adopted the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 1, Series of 2001. The Land Use Map identified this parcel of land for open space use. The applicant has indicated in the attached narrative that this designation was likely assigned because the parcel of land was believed at the time to be owned by CDOT, and was not known to be privately owned. • In 2016, as part of the update to the Comprehensive Open Lands Plan, the Town of Vail identified this parcel as likely being owned by Vail Resorts, but needing ownership confirmation. A title report has confirmed that the property is owned by Vail Resorts. • On September 11, 2017 the Planning and Environmental Commission held a public hearing on this application, and voted 6-0 to recommend approval to the Vail Town Council for this zone district boundary amendment. The results of the public hearing are attached as Exhibit C. Town of Vail Page 2 September 19, 2017 - Page 18 c IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2017, upon first reading, it is recommended that the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 13, Series of 2017, an ordinance for a zone district boundary amendment for an unplatted parcel of land in the South %, Southeast N, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2017, the Planning and Environmental Commission recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated September 11, 2017, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote 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." V. Attachments A. Ordinance No. 13, Series of 2017 B. Staff Memo to Planning and Environmental Commission, September 11, 2017 C. Results of the Planning and Environmental Commission, September 11, 2017 D. Vicinity Map E. Public Comments received by 12:00 PM on September 14, 2107 Town of Vail Page 3 September 19, 2017 - Page 19 c ORDINANCE NO. 13 SERIES OF 2017 AN ORDINANCE APPROVING THE REZONING OF LOT 1, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL (R) DISTRICT TO HOUSING (H) DISTRICT, AND THE REZONING OF TRACT A, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL TO NATURAL AREA PRESERVATION (NAP) DISTRICT WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending a zone district boundary, which is the same as a rezoning of real property; WHEREAS, the Vail Corporation ("Applicant") submitted an application (PEC17-0039) to rezone the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "Property"); WHEREAS, the purpose of the rezoning is to establish a development site for the future development of employee housing and to establish a site for nature preserves; WHEREAS, on September 11, 2017, the Planning and Environmental Commission held a properly -noticed public hearing on the Application and forwarded a unanimous recommendation of approval to the Vail Town Council; WHEREAS, contemporaneously with the Application, Applicant submitted an application (PEC17-0041) for a Final Plat of the East Vail Workforce Housing Subdivision to create the East Vail Workforce Housing subdivision and to subdivide the Property into Lot 1 and Tract A; WHEREAS, the Final Plat will be approved by the Planning and Environmental Commission prior to consideration of this ordinance on second reading, so that Lot 1 and Tract A will have been lawfully created and will be eligible for rezoning; and WHEREAS, on September 19, 2017, the Vail Town Council held a properly -noticed public hearing on the Application, at which Applicant and the public were given an opportunity to be heard on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Having considered the factors set forth in Section 12-3-7.C.1 of the Vail Town Code, the recommendation of the Planning and Environmental Commission, information provided by Town staff, and the comments of the public, the Vail Town Council hereby finds and determines as follows: a. The Application is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; 3 9/13/2017 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1171ORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONI NG. DOCX September 19, 2017 - Page 20 c b. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The Application 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. Section 2. Based on the foregoing findings and pursuant to Section 12-3-7 of the Vail Town Code, Lot 1 of the East Vail Workforce Housing Subdivision is hereby rezoned from Two Family Residential (R) District to the Housing (H) District, and Tract A of the East Vail Workforce Housing Subdivision is hereby rezoned from Two -Family Residential (R) District to Natural Area Preservation (NAP) District. The rezoning approved herein shall constitute a zone district boundary amendment under Section 12-3-7 of the Vail Town Code, and the Town's official zoning map shall be updated accordingly. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail 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. Section 6. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2017 and a public hearing for second reading of this Ordinance is set for the 3rd day of October, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor 3 9/13/2017 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX September 19, 2017 - Page 21 c ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of October, 2017. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 9/13/2017 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI171ORD1NANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX September 19, 2017 - Page 22 c EXHIBIT A Legal Description of Vail Resorts Rezoning 3700 N. Frontage Road East Vail, Colorado 81657 A PART OF TRACT II OF BOOK 166, PAGE 61 NOW BEING ALL THAT PART OF THE SOUTH 1/2 SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 80 WEST, 6TH P.M. LYING NORTH OF 1-70 AND PITKIN CREEK TOWNHOUSES RECEPTION NO. 190521. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, FROM WHENCE THE EAST 1/16 OF SECTION 2 AND SECTION 11 BEARS N89°41'53"W, 1325.07' SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION. THENCE N01 °51'14"E ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 398.97' TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID PITKIN CREEK TOWN HOUSES THE FOLLOWING TWO (2) COURSES; 1) N 60°00'00" W A DISTANCE OF 420.00'; 2) N 90°00'00" W A DISTANCE OF 339.75'; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF SAID INTERSTATE HIGHWAY 70 THE FOLLOWING FIVE (5) COURSES; 1) N 02°32'29" W A DISTANCE OF 2.90'; 2) N 59°59'34" W A DISTANCE OF 478.70'; 3) N 65°42'12" W A DISTANCE OF 301.50'; 4) N 72°13'06" W A DISTANCE OF 613.90'; 5) N 55°43'36" W A DISTANCE OF 297.66' TO A POINT INTERSECTING THE NORTH LINE OF S1/2 SOUTHEAST 1/4 OF SECTION 2; THENCE S 88°09'34" E ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 2253.37' TO A B.L.M. MONUMENT FOUND IN PLACE AT THE SOUTH 1/16 CORNER OF SECTIONS 1 AND 2; THENCE S 01°56'08" E ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 637.05' TO A B.L.M. MONUMENT FOUND IN PLACE AT THE ANGLE POINT OF SECTIONS 1 AND 2; THENCE S 01°51'14" W CONTINUING ALONG SAID EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 222.52' TO THE TRUE POINT OF BEGINNING. BEING 23.3 ACRES MORE OR LESS. 3 9/13/2017 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1171ORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONI NG. DOCX September 19, 2017 - Page 23 c E 0 PEAK LAND CONSULTANTS, INC. PEAK LAND SURVEYING, INC. 970-476-8644 FAX 970-476-8616 1000 LION'S RIDGE LOOP VAIL, CO 81657 LOT 3\LOT 2 AP1 S2 1995 FIN A!'I L PL A± T b1A S T VAIL W KF USING SUI JI VI I N PORTI I N OF THE SOUTH 1 /2 OF THE S 0 UTHE A ST 1 /4 OF SECTION 2, T 0 WNSHIP 5 SOUTH, NGE 0 WEST, OF THE 6TH P. TOWN OF A IL, COUNTY OF E GLE, ST A TE OF COLOR DO S88°09'34"E 16.88' MONUMENT TO CORNER PROPERTY 9 100' 0 100' 1047.54' 200' 1 SCALE 1"= _4FOUND 2.5" ALUMINUM POST _ WITH 3.25" ALUMINUM CAP FEET 100' LOT 1 5.397 ACRES ± U.S. FOREST SERVICE S88°09'34"E 2253.37' 301 /itiTFRST (�gR�geCF Ro qac .. w40 ry ,y/ �O I,� / y, T \ OFA 4Vgy) S9 S9 FOUND CDOH ALUMINUM CAP FOUND BENT NO. 4 REBAR 1205.83' TRACT A 17.915 ACRES ± FOUND ALUMINUM CAP M&M - LS 2568 S89°43'38"W 327.92' FOUND CDOH ALUMINUM CAP FOUND ALUMINUM CAP LS 4551 BASIS OF BEARINGS S89°41'53"E 1325.07' (MEASURED) PITKIN CREEK TOWN HOUSES RECEPTION NO. 190521 S01 °56'08"W /S1/16 S2 S1 984 U.S. FOREST SERVICE AP T5S R8OW S2 S1 FOUND ALUMINUM CAP M&M - LS 2568 1984 TRUE POINT OF BEGINNING T5S R8OW S2 S1 S11 S12 1984_2 DRAWN: KPJ REVIEWED: DATE: 08/28/17 PLC JOB#: 2082 SHEET 2 OF 2 September 19, 2017 - Page 24 of 360 TOWN of vain TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 11, 2017 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land in the South 1/2, Southeast 1/4, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto. The parcel is located at 3700 N. Frontage Road East, immediately north of Interstate 70 at the East Vail interchange (Exit 180), to the north and west of Pitkin Creek Townhomes/The Falls at Vail (3850 Fall Line Dr.). (PEC17-0039). Legal Description: See Attachment B Applicant: The Vail Corporation (aka Vail Resorts), represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The Vail Corporation (aka Vail Resorts), represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto. The proposed new zone districts are as follows: • Housing (H) District • Natural Area Preservation (NAP) 5.4 acres 17.9 acres September 19, 2017 - Page 25 c The parcel of land is located immediately north of Interstate 70 at the East Vail interchange (Exit 180), to the north and west of Pitkin Creek Townhomes/The Falls at Vail (3850 Fall Line Dr.). The fundamental question for the Planning and Environmental Commission (PEC) to consider with this rezoning application is this: • Is this property, owned by Vail Resorts, an appropriate location for deed restricted employee housing in the Town of Vail? • If so, why is it appropriate? • If not, why is it not appropriate? Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission continues this application to the meeting of September 25, 2017 for a final review in order to obtain independent reviews of the applicant's rockfall study and the wildlife assessment. The wildlife report is being analyzed by the Colorado Parks and Wildlife, and the rockfall study is being reviewed by the Colorado Geological Survey. • Colorado Parks and Wildlife — Comments expected the week of September 11th • Colorado Geological Survey — Comments expected by September 19th II. DESCRIPTION OF REQUEST The applicant is proposing to rezone the property from Two -Family Residential (R) District to Housing (H) District and Natural Area Preservation (NAP). The Housing District will allow the western 5.4 acres of the site to be developed for employee housing. Although not required at this time, a specific development plan has not been submitted to the Town. The Natural Area Preservation (NAP) District, if approved, will require that the eastern 17.9 acres remain in a mostly natural state. In the Natural Area Preservation (NAP) District the only permitted uses are Nature Preserves. Following are the permitted and conditional uses allowed in the Housing (H) District: Housing (H) District Permitted Uses: • Bicycle and pedestrian paths. • Communications antennas and appurtenant equipment. • Employee housing units, as further regulated by chapter 13 of this title. • Passive outdoor recreation areas, and open space. Housing (H) District Conditional Uses: • Commercial uses which are secondary and incidental (as determined by Town of Vail Page 2 September 19, 2017 - Page 26 c the Planning and Environmental Commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: • Automated teller machines (ATMs) exterior to a building. • Banks and financial institutions. • Business offices and professional offices, as further regulated by section 12-16-7 of this title. • Child daycare facilities. • Eating and drinking establishments. • Funiculars and other similar conveyances. • Health clubs. • Personal services, including, but not limited to, Laundromats, beauty and barber shops, tailor shops, and similar services. • Retail stores and establishments. • Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: • Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and • Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and • Dwelling units are only created in conjunction with employee housing, and • Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. • Outdoor patios. • Public and private schools. • Public buildings, grounds and facilities. • Public parks and recreational facilities. • Public utilities installations including transmission lines and appurtenant equipment. Following are the permitted and conditional uses allowed in the Natural Area Preservation (NAP) District: Permitted Uses: • Nature preserves Town of Vail Page 3 September 19, 2017 - Page 27 c Conditional Uses: • Equestrian trails, used only to access national forest system lands. • Interpretive nature walks. • Parking, when used in conjunction with a permitted or conditional use. • Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. • Picnic tables and informal seating areas. • Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings The graphic below illustrates the existing and proposed zoning for the affected properties. East Vail Workforce Housing Parcel Rezoning Map Indicating the Existing and Proposed Zone District Boundaries Proposed Zoning: Huusing Zone District Proposed Zoning: Natural Araa Preservation District Subject parcel to be rezoned. currently zoned Two Family Residential August 17. 20t7 The proposed rezoning, which must be approved via ordinance by the Vail Town Council, will not take effect until the recordation of the final plats, creating Lot 1 and Tract A, of the East Vail Workforce Housing Subdivision have occurred with the Eagle County Clerk and Recorder. This condition will be included with any final ordinance relating to the rezoning. Town of Vail Page 4 September 19, 2017 - Page 28 c Anticipated Review Schedule • September 11, 2017 — PEC review of Rezoning Application • September 25, 2017 — PEC review of Rezoning Application — Final Review • September 25, 2017 — PEC review of Subdivision Application — Final Review • October 3, 2017 — Town Council — First Reading of Ordinance — Rezoning Application • October 17, 2017 — Second Reading of Ordinance — Rezoning • TBD — PEC Review of a Development Plan (No Development Plan application has been submitted to the Town of Vail as of the date of this memo.) Note: Each of these meetings will include a public hearing process. III. BACKGROUND • On November 5, 1974 the subject property was annexed into the Town of Vail, via Ordinance No. 20, Series of 1974. This annexation included most of east Vail, and the Katsos Ranch area. On the annexation plat, the property is shown being owned by Vail Associates. • On December 2, 1974, the western and southern portion of subject property was zoned as Two -Family Residential (R) District, and the northeastern portion of the property was zoned Agricultural and Open Space (A) District via Ordinance No. 26, Series of 1974. • In 1976, the Town of Vail created a map called "Current Conditions — A Component of the Comprehensive Plan / An Inventory of Comprehensive Planning Decisions from 1968-1976", which indicated that the entire property was zoned Two -Family Residential (R). • The 1981 Official Zoning Map shows the property zoned Two -Family Residential (R) District. • On March 1, 1994, the Town of Vail adopted the 1994 Comprehensive Open Lands Plan, via Resolution No. 6, Series of 1994. The Open Lands Plan identified this site as Parcel 36, and indicated that the parcel was owned by the Colorado Department of Transportation (CDOT). The Plan recommended that the Town of Vail acquire Parcel 35 (an adjacent parcel owned by the U.S. Forest Service) in order to trade Parcel 35 to CDOT in exchange for Parcel 36. It is unclear why the Open Lands Plan indicated CDOT as the owner of Parcel 36 (this subject lot.) • On February 26, 2001, the Town Council adopted the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 1, Series of 2001. The Land Use Map identified this parcel of land for open space use. The Town of Vail Page 5 September 19, 2017 - Page 29 c applicant has indicated in the attached narrative that this designation was likely assigned because the parcel of land was believed at the time to be owned by CDOT, and was not known to be privately owned. • In 2016, as part of the update to the Comprehensive Open Lands Plan, the Town of Vail identified this parcel as likely being owned by Vail Resorts, but needing ownership confirmation. A title report has confirmed that the property is owned by Vail Resorts. IV. APPLICABLE PLANNING DOCUMENTS The Community Development Department believes that following provisions of the Vail 20/20 Strategic Action Plan, Vail Land Use Plan, 1994 Comprehensive Open Lands Plan, 2009 Environmental Sustainability Strategic Plan, Vail Housing 2027 Plan, and the Vail Town Code are relevant to the review of this proposal: Vail 20/20 Focus on the Future — Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan then details land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE Goal #2: Land use and development decisions will address environmental sustainability as a priority of the community. • Work with public and non-profit partners to ensure that environmental issues within the town and region are being addressed. • Educate developers and applicants on how to incorporate environmental sustainability into projects. Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. Town of Vail Page 6 September 19, 2017 - Page 30 c • Support employee housing initiatives in order to reduce trips into Vail. Goal #3: Ecosystem: Improve the health and diversity of the forest and mountain ecosystem while recognizing the interdependence of the wildland urban interface (WUI) corridor within Vail. • Work with non-profit organizations and the Colorado Department of Wildlife to improve wildlife conditions. HOUSING Goal: 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 enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) — The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural Town of Vail Page 7 September 19, 2017 - Page 31 c resources should be protected as the Town grows. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter IV — Existing Land Use A. Residential 1. Single Family Detached / Two Family — includes single family and duplex units, at a density of less than 3 units per acre. 2. Multi -family Medium Density — includes Townhomes, row houses, condominiums, and cluster housing when individual units are not detached. Densities range from 3 to 18 dwelling units per acre. 3. Multi -family High Density — includes apartments and condominiums at densities of over 18 dwelling units per acre. G. Open Space Includes greenbelts, stream corridors, drainageways and other areas which function as passive open space. Town of Vail Page 8 September 19, 2017 - Page 32 c J. Vacant / Unplatted Includes all undeveloped lands that are unsubdivided, including National Forest lands administered by the Forest Service, as well as private holdings within the present municipal boundaries. Vail Housing 2027 — A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail Ten Year Goal: "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." Policy Statement - Resident Housing as Infrastructure "We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government." Town of Vail Page 9 September 19, 2017 - Page 33 c 2009 Environmental Sustainability Strategic Plan — The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #2 — Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Goal #3 — Ecosystem Health: Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Vail Town Code — Zoning Regulations - These sections are included to provide the Commission with an understanding of the permitted and conditional uses in the Housing (H) District and the Natural Area Preservation (NAP) District, as well as the development standards and review process for any development in these districts. Title 12, Chapter 6, Article l: Housing 12-61-1: PURPOSE: 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. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Town of Vail Page 10 September 19, 2017 - Page 34 c Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, Laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the Town of Vail Page 11 September 19, 2017 - Page 35 c property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. 12-61-4: ACCESSORY USES: The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and Town of Vail Page 12 September 19, 2017 - Page 36 c open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. 12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each Town of Vail Page 13 September 19, 2017 - Page 37 c unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-61-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. 8. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. Town of Vail Page 14 September 19, 2017 - Page 38 c D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. Town of Vail Page 15 September 19, 2017 - Page 39 c D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. Title 12, Chapter 8, Article C — Natural Area Preservation 12-8C-1: PURPOSE: 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. 12-8C-2: PERMITTED USES: The following shall be permitted uses in the NAP district: Nature preserves. 12-8C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Equestrian trails, used only to access national forest system lands. Town of Vail Page 16 September 19, 2017 - Page 40 c Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. 12-8C-4: ACCESSORY USES: Not applicable in the NAP district. 12-8C-5: DEVELOPMENT STANDARDS: Not applicable in the NAP district. 12-8C-6: PARKING AND LOADING: Parking and loading requirements will be determined by the planning and environmental commission during the review of conditional use requests in accordance with the provisions of chapter 16 of this title. 12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the natural area preservation district are found in chapter 14, "Supplemental Regulations", of this title. V. SITE ANALYSIS Address: 3700 N. Frontage Road East Legal Description: Unplatted (See Attachment B for legal description) Lot Size: 23.3 acres (1,015,470 square feet) Existing Zoning: Two -Family Residential (R) Proposed Zoning: Housing (H) District (West 5.4 acres) Natural Area Preservation (NAP) District (East 17.9 acres) Land Use Plan Designation: Open Space Current Land Use: Undeveloped Anticipated Future Land Use: Employee Housing and Open Space Geological Hazards: Steep Slopes; Rock Fall (High Severity); Town of Vail Page 17 September 19, 2017 - Page 41 c VI. SURROUNDING LAND USES AND ZONING Falls Bus Stop 0 200 400 800 1,200 POT CbeK PaA ng Center o ` ,DX C G a ' 5S t Do -(.42 RP VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are 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. The development objectives for the community as identified in the Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Town of Vail Page 18 September 19, 2017 - Page 42 c Existing Use Zoning District North: US Forest Service None South: 1-70 Interchange/Townhomes None/Residential Cluster (RC) East: US Forest Service None West: 1-70 Interchange/Memorial Park None/Natural Area Preservation (NAP) Falls Bus Stop 0 200 400 800 1,200 POT CbeK PaA ng Center o ` ,DX C G a ' 5S t Do -(.42 RP VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are 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. The development objectives for the community as identified in the Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Town of Vail Page 18 September 19, 2017 - Page 42 c Housing 2027 Plan are to: • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy, and reduce the environmental impacts of transportation. • Provide enough deed restricted employee housing for at least 30% of the workforce. • Protect the natural environment and be a leader in environmental sustainability. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. • Maintain and improve the water quality of Gore Creek. • Create an integrated transportation system catered to the needs of residents, guests and employees. • Minimize the environmental impact of the transportation system on the town and region. • Build a year-round economy by growing the summer economy. The applicable elements of the Town's adopted goals, objectives and policies outlined in the Vail comprehensive plan relevant to this application fall into two main categories: Housing and Environmental Sustainability. (The Town's Land Use map indicates this desired use for this parcel as open space, and is discussed in Criteria #7 below.) The applicant is proposing to address each of these issues as part of the proposed rezoning, and as a result, to implement a number of community goals as identified in the Vail comprehensive plan. Specifically, the rezoning will help to provide additional sites within the Town for employee housing, and also ensure that a large portion of the site is preserved in a natural state. The rezoning will help to implement several community goals identified in the Land Use Plan and the 20/20 Action Plan, as mentioned above in Section IV. Thoughtful consideration should be given to how this site is developed to minimize impacts to wildlife in the area. There will be impacts to wildlife; the question then becomes, how can these impacts be reduced? Wildlife issues that must be considered on this site include habitat for Bighorn sheep, elk, and black bear. The area surrounding this property has also been identified as a peregrine falcon nesting area, although the nesting area is primarily to the south of 1-70. A Bighorn sheep migration pattern has been identified on the property by Colorado Parks and Wildlife, and the area (including portions of the applicant's property), is identified as Bighorn sheep winter range. The applicant's property is also within a black bear summer concentration area, and is likely also elk winter range, as identified in the attached wildlife assessment letter from Western Ecosystems, Inc. (Attachment E.) Town of Vail Page 19 September 19, 2017 - Page 43 c Potential negative impacts to wildlife are not directly a result of the rezoning, but rather from the development of this site. Any impacts to the site should be reduced by clustering the development on one portion of the site, while leaving the rest of the site open and undeveloped. The Housing (H) District is proposed on only 23% of the site. The site is currently zoned Two -Family Residential (R), and can be developed under the current zoning, however, a subdivision application and public hearing would be required to subdivide the property into individual development lots. The potential impact of a more dispersed development pattern, which is possible with the existing zoning, may be greater than a more clustered development on only a small portion of the property. By rezoning the property to Housing (H) District, the future development of the site will be primarily employee housing (or other permitted or conditional uses) and will require a detailed development plan and a public hearing with the Planning and Environmental Commission. Other permitted uses in the Housing (H) District include bicycle and pedestrian paths; communications antennas and appurtenant equipment; and passive outdoor recreation areas, and open space. Staff finds this criterion to be partially met. Employee housing provides community benefits and will address a significant community priority. Development on the site may impact wildlife, and mitigation measures will be required with the development plan. 2. The extent to which the zone district amendments are 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. The zone district boundary amendments are suitable with the existing and proposed land uses on the sites and the existing and potential surrounding land uses. The proposed zoning as Housing (H) District is a residential use, and is compatible with other nearby residential uses. The nearest development to this site is the existing Pitkin Creek Townhomes (formerly The Falls at Vail), to the southeast. Pitkin Creek Townhomes are over 470 feet from the eastern boundary of the proposed Housing (H) District. Other nearby significant developments include the Booth Falls neighborhood to the east (1,345 feet), and east Vail neighborhoods to the south and east along Bighorn Road. Therefore, rezoning and development on the western 5.4 acres of the property should not conflict with the existing or potential uses on the site or with existing and potential surrounding land uses, except for potential impacts to wildlife. The property is less than 1/2 mile to the Pitkin Creek Park shopping center, which is also on the town bus route. . While the rezoning increases the opportunity for density on the site, the zone district amendment does not conflict with existing or potential uses on the site, or with existing and potential surrounding land uses as set out in the town's adopted planning documents. Town of Vail Page 20 September 19, 2017 - Page 44 c The rezoning of the eastern 17.9 acres of the subject property to Natural Area Preservation (NAP) is consistent with the undeveloped U.S. Forest Service land to the north and east. There are also large parcels of land to the northwest in the Booth Falls area, and across 1-70 that are open space, owned by the Town of Vail. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendments address several community objectives, including employee housing and infill development that is served by transit and existing utilities. As a residential use, the proposed Housing (H) District is compatible with its nearby residential neighbors. Also, by zoning a portion of the site as Natural Area Preservation (NAP), a large portion of the site will also be maintained as habitat for protection of wildlife. Of the total winter range and sever winter rage Bighorn sheep, approximately 1.2% is overlapping the subject parcel. As a result, the proposed rezoning appears to present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The challenge with this application is to balance competing community objectives. Development and wildlife do not need to be mutually exclusive to be successful. Mitigation of the impacts of development will be required, but can only be addressed when a site specific development plan has been created. At that time, specific mitigation measures may be considered. For example, outdoor lighting, trash, dogs and other potential impacts from development will be considered as part of the development plan. Each of the proposed uses is supported by municipal development objectives. The primary benefits of the rezoning result in two community benefits that independently are desirable, but which may result in impacts that need mitigation. In other locations in town, the Housing (H) District is immediately adjacent to the Natural Area Preservation (NAP) District including the Middle Creek employee housing development which is adjacent to Natural Area Preservation (NAP) District, and portions of Lionshead, which are adjacent to designated open space. Staff asks the Planning and Environmental Commission to determine if this criterion is met. • If this criterion is not met, what aspect of the proposed rezoning does not met this criterion? • What additional information, if any, is needed to make a decision on this objective? Town of Vail Page 21 September 19, 2017 - Page 45 c 4. The extent to which the zone district amendments provide 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. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses and serves the best interest of the community, and is supported by several community goals identified in the comprehensive plan. The property is also already zoned for residential uses. Rezoning the western 5.4 acres of the site to Housing (H) District is compatible with the community goals of establishing sites for employee housing within the Town in locations served by transit. The property is an infill development site, and the proposal would not expand the Town boundary. Furthermore, the site is well served by existing utilities, existing roads, and by the existing Town of Vail free bus system. Alternatively, the site is currently zoned for residential use (although not shown on the Official Zoning Map). Based on existing zoning of Two Family Residential (R), the property could be developed with 10 — 15 duplex lots (each lot a minimum of 15,000 square feet.), or up to 30 additional dwelling units, plus an additional 10-15 employee housing units (1 EHU per lot). For comparison purposes, the Spraddle Creek subdivision a similar development on steep slopes that was developed with single family homes adjacent to open space and U.S. Forest Service property. This 14 lot subdivision spreads out the development on the hillside, with a serpentine roadway, and provides only one employee housing. The PEC should consider what development pattern is preferred, and if clustered employee housing is a more suitable use for this land than a more spread out, single family or two-family residential development. The proposed rezoning on the eastern portion of the site to Natural Area Preservation (NAP) is consistent with the current Land Use designation as Open Space, and is consistent with the adjacent property owned by the U.S. Forest Service. The Community Development Department finds that rezoning the western part of the property to Housing (H) District, and maintaining the eastern 17.9 acres as Natural Area Preservation (NAP) District, meets several community goals. The rezoning would serve the community as a whole by creating sites for employee housing, restricting development on the steepest portion of the site, maintaining a large area of protected land, and ensure that the future development plan goes through a public hearing process. Staff finds this criterion to be met. Town of Vail Page 22 September 19, 2017 - Page 46 c 5. The extent to which the zone district amendments result 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. The proposed rezoning will not directly result in adverse impacts to the natural environment. However, the future development of the site facilitated by the rezoning will have impacts on the vegetation of the site, and may have impacts on the wildlife in the vicinity. From an overall sustainability viewpoint, clustering the future development on less than 25% of the site, providing sites for employee housing within the limits of the town boundary, and maintaining the remainder of the site for nature preserves may have a net environmental benefit. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and operation. Any future development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. The development of employee housing units on this site may reduce traffic from employees driving into town, if the residents relocate from other towns; thus development of employee housing could have a positive impact on the air quality. It could also have a negative impact on air quality as it may increase car traffic in town. The rezoning from Two -Family Residential (R) to Housing (R) will impact pedestrian and vehicular traffic and transit operations in the vicinity. Specifically, a high density housing development at this location will likely require the Town of Vail to increase frequency and or add a new express bus route to this location in order to accommodate the increased volume of transit ridership. The cost adding bus service is significant and should be recognized during the review of this rezoning. However, increased ridership could be viewed as positive, further reducing traffic and improving air quality through reduced vehicle miles travelled, and reducing impacts to existing parking lots in the core of town. Other traffic considerations include the likely need for turn lanes into the development and connecting pedestrian paths to the east and west. In addition, a large portion of the site (17.9 acres or 76.8% of the site), is proposed to be zoning Natural Area Preservation (NAP), which is the most restrictive zoning in the Town of Vail. This zone district will ensure that over 3/4 of the site is protected from future development, which is greater protection than currently exists on the site as zoned Two -Family Residential (R) District. Staff finds this criterion to be met by the creation of the Natural Area Preservation (NAP) District, but that the rezoning of a portion of the site to Housing (H) may have potential future impacts on the natural environment, including wildlife. Town of Vail Page 23 September 19, 2017 - Page 47 c 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezonings are consistent with the purpose statement of the Housing (H) District and the Natural Area Preservation (NAP) Districts and future developments on theses sites will also be required to be compatible with its intent. Housing Section 12-61-1 PURPOSE 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. Natural Area Preservation Section 12-8C-1 PURPOSE 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 Staff finds this criterion to be met. Town of Vail Page 24 September 19, 2017 - Page 48 c 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The proposed zone district boundary amendment demonstrates how conditions have changed regarding the subject property. The Official Zoning Map currently shows the property as "Not Designated" for zoning purposes. The Community Development Department believes this current zoning designation on the map is in error and that the property is zoned Two -Family Residential (R), as explained in the Background in Section 111 above. Staff believes that the zoning designation was removed by mistake when the Town of Vail changed its mapping systems from paper to GIS (Geographic Information Systems). It is also suggested by the applicant that the designation of the property on the Town's Land Use Map as Open Space was a mistake, since the ownership of the property was assumed at the time to be CDOT, and not private property. A recent title commitment verifies the ownership. There is a possibility that the designation of open space in the Land Use Plan was based on the characteristic of the land, but this theory conflicts with the zoning as Two -Family Residential (R), which is more consistent with a land use of Low Density Residential. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. In addition to the considerations mentioned above, the Planning and Environmental Commission should consider the rock fall hazards of this area, and the recommendations in the attached Rockfall Hazard Study, Casare, Inc., dated June 19, 2017. The entire subject parcel is within a High Severity Rockfall area, and portions of the site are steep slopes of over forty percent (40%) grade. As of the date of publishing this memo, an independent review of the applicant's rockfall study is being performed the Colorado Geological Survey. The results of that review will not be available until September 19th Within the rockfall area, development is not restricted, but additional site specific geological investigation prepared by a professional geologist is required before a building permit will be issued, based upon a proposed development plan. The Casare, Inc. prepared Rockfall Hazard Study recommends the construction of a rockfall rigid wall barrier or wall at least twelve (12) feet in height. The development of structures is prohibited on slopes of forty percent (40%) or greater, except in the Single Family Residential (SFR), Two -Family Residential (R), Two -Family Primary Secondary (PS) zone districts. Rezoning the property from the Two -Family Town of Vail Page 25 September 19, 2017 - Page 49 c Residential (R) District to Housing (H) and Natural Area Preservation (NAP) District will ensure that development does not happen on the existing steep slopes on the site. VIII. STAFF RECOMMENDATION The Community Development Department recognizes that this application and report have several significant community issues to be considered. We believe the applicant has presented a thorough application, including reports on wildlife and rockfall, as well as the significant community need for employee housing. As mentioned in the beginning of this memo, the fundamental question for the Planning and Environmental Commission to consider with this rezoning application is this: • Is this property, owned by Vail Resorts, an appropriate location for deed restricted employee housing in the Town of Vail? Before making a recommendation on this application, the Community Development Department would like to highlight important considerations: • The significant need and goal of providing sites for employee housing within the community. Vacant, undeveloped land to accommodate this need is rare within the Town of Vail. • A future development of employee housing on this site by the private sector will take a significant step forward toward the goal of providing 1,000 additional resident housing unit deed restrictions by the year 2027. • The site is located within several significant wildlife habitat areas, including habitat for Bighorn sheep, elk, Black bear, and peregrine falcon. • Rezoning of the site to Housing (H) and Natural Area Preservation (NAP) will not directly impact the wildlife in this area, but the future development of housing may have an impact. • The impact of future development cannot be quantified, nor can the mitigation measures be prescribed, until a site specific development plan has been provided. Whether or not this property is developed with employee housing units, or single family and duplex lots, mitigation of the impacts to wildlife and potential impacts from rockfall will need to be mitigated. Mitigation can not be determined until a specific development plan is developed. • A development plan for employee housing in the Housing (H) District will require a separate public hearing with the Planning and Environmental Commission. • The property is currently zoned Two -Family Residential (R) and has development rights. Rezoning the property will ensure that development happens on less than one fourth (1/4) of the site, and ensures that the future development plan will require public notice and a public hearing with the Planning and Environmental Commission. Town of Vail Page 26 September 19, 2017 - Page 50 c The Community Development Department recommends the Planning and Environmental Commission continue this application to the September 25, 2017 meeting to allow for an independent review of the applicant's rockfall hazard study and wildlife report. Should the Planning and Environmental Commission determine that it has enough information to make a recommendation to the Town Council, and chooses to forward a recommendation of approval to the Vail Town Council for the zone district boundary amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for zone district boundary amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone an unplatted parcel of land in the South %, Southeast %, of Section 2, Township 5, Range 80 West 6th Principal Meridian located at 3700 N. Frontage Road East, from Two -Family Residential (R) District to the Housing (H) District on the western 5.4 acres, and a rezoning from Two -Family Residential (R) District to Natural Area Preservation (NAP) District on the eastern 17.9 acres, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated September 11, 2017, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are 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 amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote 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." IX. ATTACHMENTS A. Vicinity Map B. Legal Description Town of Vail Page 27 September 19, 2017 - Page 51 c C. Project Narrative, Mauriello Planning Group — August 17, 2017 D. Topography Maps, Peak Land Consultants, Inc. — February 27, 2017 and August 14, 2017 E. Wildlife Report, Western Ecosystems, Inc. — August 10, 2017 F. Rockfall Hazard Study, Cesare, Inc. — June 19, 2017 (Please use this link to access the Rockfall Hazard Study): http://www.vailgov.com/Portals/0/docs/studies/Geo%20Hazard%20Study,%20East%20VaiI%20Par cel%2006.19.17.pdf G. Public Comments Received by September 7, 2017 H. Subdivision Plat (For Reference Only - Not Part of this Application) Town of Vail Page 28 September 19, 2017 - Page 52 c TOWN OF9 PLANNING AND ENVIRONMENTAL COMMISSION September 11,2017, 1:O0PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 (Note: These are not the complete results of the meeting of September 11, 2017. This document contains only the results of the meeting that relate directly to the Vail Resorts application (PEC17-0039) to rezoning a parcel of land in East Vail. Please contact the Town of Vail Community Development Department if you would like to review other agenda items that were discussed during this meeting.) 3. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of a parcel of land located at 3700 North Frontage Road East/Unplatted. The rezoning will change the Zone District from Two -Family Residential (R) district to Housing (H) district and Natural Area Preservation (NAP) district, and setting forth details in regard thereto. (PEC17- 0039) Applicant: The Vail Corporation (Vail Resorts), represented by Mauriello Planning Group Planner: Chris Neubecker Motion: Approve First: Stockmar Second: Kurz Vote: 6-0-0 Referencing a PowerPoint presentation, Neubecker introduced the project by summarizing the nature of the zoning request from Two -Family Residential (R) district to Housing (H) and Natural Area Preservation (NAP) districts. As the subject property is currently zoned Two -Family Residential (R), the entire site could be developed with two-family residences. The applicant is proposing to set aside a large portion of the site for Natural Area Preservation (NAP) to focus development on a smaller area of the western portion of the site. Neubecker described the location of the site, the relevant criteria for a rezoning, and the PEC's role in making a recommendation to the Town Council for a rezoning application. Neubecker discussed the relationship between the master plan / comprehensive plan, land use plan, and zoning ordinance. If the rezoning were approved, a development plan would need to be submitted and reviewed by the PEC prior to any development occurring. An environmental impact report would also be required at that time. Neubecker reviewed the anticipated timeline for the project. Rediker — Asked about the recommendation in the staff memo to continue the item until the next PEC meeting. Neubecker responded that information from Colorado Parks and Wildlife and Colorado Geological Survey was expected, but the departments will not provide comment without a specific development plan, and thus the PEC could approve today, if it meets the criteria. Rediker asked how many two-family residential lots would fit on the subject property as currently zoned. Neubecker replied approximately 10-15 lots, but the applicant will confirm. Rediker September 19, 2017 - Page 53 c asked how many EHUs could be provided based on the size of the proposed Housing (H) district parcel. Neubecker stated that there is no limit and that the number of units is subject to PEC discretion and review of the development plan. The applicant's representative, Dominic Mauriello of Mauriello Planning Group, provided a PowerPoint presentation and introduced the rest of the applicant's team. Chris Jarnot, Vail Resorts, discussed the need for employee housing and Vail Resorts' commitment to developing new employee housing. Jarnot discussed how the proposal could help to achieve the goals and vision of the Vail Housing Strategic Plan. Mauriello described the process required for the proposal. The proposed rezoning and plat for the subdivision are the first step in the process. The Housing (H) district requires a development plan to be approved by the PEC. According to Mauriello, the Vail Local Housing Authority (VLHA) supports the request. Mauriello then described the location of the site and its proximity to other significant development and other key features within the town. The subject property has been owned by Vail Resorts since 1961 and was annexed into the town in 1975. There has been past confusion over ownership of the parcel that influenced town planning documents. Mauriello reviewed what is currently permitted on the parcel due to its two-family residential (R) zoning. Mauriello stated that approximately 10-15 lots, with 2-3 units per lot, could be established. Mauriello described the size of the two (2) proposed zone districts and where the proposed division line of the districts will be located. It is approximately 100' from the southeast corner of the proposed Housing (H) parcel to the nearest bus stop on the North Frontage Road. Mauriello reviewed the purpose of the Housing (H) district being for employee housing. A development plan would be required to be approved by the PEC prior to any development of the site. The PEC can determine density/number of units, GRFA, and building height. Setbacks, site coverage, and landscape are established within the development standards of the Housing (H) district. Mauriello also reviewed the uses permitted and associated standards for the Natural Area Preservation (NAP) district. Mauriello emphasized that they are not currently requesting anything that would constitute a vested right because there is no specific development plan at this point. He also emphasized that the proposal is not a "Development vs. No Development" scenario. Development will occur on this property, it is up to the PEC to determine the type of development. Mauriello referenced several housing studies and plans that have demonstrated a need for employee housing within the area. Mauriello stated that wildlife and rockfall hazard were environmental characteristics specifically review by consultants. The subject property is located within a high rockfall hazard area and has slopes greater than 40%. Although an environmental impact report is not yet required, the applicant performed a geologic hazard study. The study concluded that the rockfall hazard can be mitigated. A certified wildlife biologist, Rick Thompson, has also reviewed the proposal in regards to its potential impact on wildlife. Rick Thompson explained that the study focused on the four (4) species of greatest concern: bighorn sheep, elk, peregrine falcon, and black bear. Thompson explained the range of the bighorn sheep in the area and stated that the Bighorn sheep winter range overlaps the subject property. While development of the site would result in a further loss of winter habitat, the location of the subject property is in an area whose habitat September 19, 2017 - Page 54 effectiveness has been reduced by existing human disturbance and development. There should be a minimal impact on the bighorn sheep habitat area associated with the development of the Housing (H) parcel. Thompson stated that the situation for elk is similar to bighorn sheep. For peregrine falcons, there should be no meaningful impact to the nesting cliff above the subject property. In regards to black bear, Thompson stated that bears are currently using the property, especially to feed in late summer. The development of the subject property may impact the black bear population, but may be addressed through wildlife mitigation plan. Thompson concluded by stating that wildlife will be impacted by any development on the subject property and the question is which type of development would minimize said impact. It is his opinion that rezoning to the Housing (H) and Natural Area Preservation (NAP) districts would minimize any negative impact to wildlife. Mauriello reviewed the applicant's responses to the rezoning criteria, including: 1.) compliance with the Vail Land Use Plan, Comprehensive Open Lands Plan, Vail 20/20 Plan, and Employee Housing Strategic Plan, 2.) suitability with the existing and potential land uses on the site and surrounding land uses, 3.) a harmonious and convenient, workable relationship among land uses, 4.) orderly growth of a viable community that serves the best interests of the community as a whole, 5.) the ability to mitigate any adverse impacts on the natural environment, 6.) consistency with the purpose statements of the proposed zone districts, and 7.) the change in conditions since the original zoning designation warrant the proposed zone district changes. Kurz — Asked what factors went into the determination of the size of the two (2) proposed zone districts. Mauriello responded that the decision was made based on geography and topography. Stockmar — Asked if the property remained Two -Family Residential (R) and went through the proper process, the subject property could be fully developed with houses and roads? Mauriello confirmed. Hopkins opposed the statement based on her belief the steep slopes would limit the amount of development on the subject property. Mauriello stated that the Two -Family Residential (R) district does not restrict construction on steep slopes. In the Housing (H) district, development cannot occur on steep slopes. Hopkins — Asked Rick Thompson about mountain goats or mountain lions. Thompson responded that mountain goats do not descend that low in elevation and mountain lions range may cover the area. Rediker asked for clarification of the source of information in determining the range for bighorn sheep. Thompson stated he relies upon Colorado Parks and Wildlife map, which was updated in the fall of 2016. Lockman asked what the secondary impact may be of the development on wildlife. Thompson stated that there may be some reduction in range as wildlife stays further away from development beyond the area of the subject property. Pets and occupant behavior could also impact the wildlife. Rediker — Stated his belief that a lot of the questions from the public will pertain to what will happen on the site and asked if there is any intention to include a free market component of the development of the site. Mauriello responded that there is no intent, unless there was a creative idea as to how such development could be incorporated. Hopkins — Asked if the applicant is considering any commercial use. Mauriello responded that September 19, 2017 - Page 55 they are not considering commercial uses at this time, but a developer has not yet been selected. Perez — Asked if there is an estimate for a total number of employee housing units available. Mauriello responded that it is premature, but at minimum one could assume the same number of units that would be allowed by right under existing zoning. Rediker — Asked for clarification of the steep slopes on the subject property. Rediker opened the item for public comment. Julie Hansen, Board President, Falls at Vail — Concerned with the lack of a master plan for the east Vail area as there is development opportunity within the four corners of the Interstate -70 interchange. Asked if the Natural Area Preservation (NAP) district is a permanent designation. Expressed concern with flooding into the bus stop area. There are also moose in the area that were not addressed in the wildlife study. Bill Eggers — Is concerned about the impact on the Booth Falls neighborhood, which is already congested with traffic. Stated his belief that most of the people that support Vail Resorts' request live down valley. Expressed his displeasure with the amount of vehicles parked for the Booth Falls trail. Molly Morales, Vail Local Housing Authority — Expressed VLHA's support for the proposed rezoning. Dr. Penny Wilson — The Bald Mountain Road neighborhood is also impacted by the existing level of traffic congestion. Opposed to creating more traffic in the area. Disagreed with Thompson's statement that bighorn sheep do not come down to the North Frontage Road during the winter. Believes that the proposed rezoning may be the lesser of two (2) evils. Lauren Phillips, Vail Ski Patrol — Supports the rezoning of the property to allow for Vail Resorts' employees to be part of the community. Jeff Wiles — Believes something must be done to help keep employees in town or else Vail will no longer be a world class resort community. Alan Danson — Opposes the proposal due to the location of the proposal. Employee housing needs to be addressed, but not through this proposal. Suggests the town -owned property east of Solar Vail and west of Middle Creek be swapped with the subject property. Richard Leslie — Wants the PEC to deny the rezoning, but does not deny that employee housing is a town need. Believes that the applicant knows the number of units and building height that will be proposed. A development plan should be attached to any rezoning approval. Pam Stenmark — Is not necessarily against the rezoning or employee housing, but is concerned about approval without any development plan. Concerns about impacts on bus service and wildlife and the ability of the neighborhood to support a large development. Susan Bird — Is concerned that this proposal, if approved, will set a precedent for other areas of town. September 19, 2017 - Page 56 Alison Wadey, Vail Chamber & Business Association - Expressed the board's support for the rezoning. The serious discussion about housing is now. Don't kick this down the road just because its a hard decision. Mike Steimle — Mentioned his previous experience with rezoning with the Vail Mountain School. Feels threatened by employee housing to the east and west of his property and would like the subject property to remain as is. There are too many unknowns associated with this proposal. Lee Kuhlke — Opposes the proposal. East Vail's character is completely residential and this proposal would change that. Opposes another megastructure like those to the west of the subject property. Is concerned about setting a precedent for other areas in town. Pati Marsh — Opposes the proposal. Believes it is important to maintain the existing zoning. Does not deny the need for employee housing, but this is not a reasonable solution. Believes alternative locations exist that are better for employee housing. Kim Bell Williams, Eagle County Housing Director — Eagle County is short 4,500 homes. Expressed Eagle County's support for the proposal. Believes that it is important towards creating a sense of community. Carl Cocchiarella — Believes that there is a strong sense of community as evidenced by the turnout for the public hearing. Is concerned about the impact on wildlife. Suggested Ever Vail as a better location for employee housing. Mary McDougall, member of the VLHA — VLHA is fully vested in trying to create community and has been aggressive in trying to obtain employee housing because of the danger to the community that a lack of housing represents. Expressed the need for available land and a willing private partner to create employee housing. Supports the proposal. Joe Joyce — Employee housing is critical to the town, and the proposal is a benefit to the town and the people that live and work in town. Doug Scofield — Believes that this is an essential development for the town and is a step in the right direction. Bobby Lipnick — Supports the rezoning request. Acknowledges that people do not like employee housing in their backyard. The proposal will help with the survival of the community for the next 50 years. While there is no perfect solution to the housing problem, this is a commitment to workforce housing. Recommends the applicant consider a percentage of the development be market -rate housing. Feels it is important in creating a sense of community. Michael Hazard — Believes that should the request be approved, the PEC should strongly evaluate the potential character of any housing development to ensure that it creates a sense of community. Gina Grisafi — Discussed her experience with subdividing a lot and being told that her proposal would increase density too much. Asked why Vail Resorts should be allowed to do something to improve their financial position when she was not. Brian Eggleton — As a resident of Minturn that works year-round for Ski and Snowboard Club of Vail, he supports the proposal as it will provide more affordable and employee housing within September 19, 2017 - Page 57 the town. Approving the proposal would allow for more of a balance between mountain and resort community. Jason Plante — Is concerned about the impact on wildlife. Does not trust just the wildlife study in making a decision. Kirk Dwyer, Ski and Snowboard Club of Vail — Supports the proposal as employee housing is a necessity within the County. Zoning needs to adapt to the conditions and be able to house young professionals. Wolf Mueller — Believes Vail Resorts should increase their employee compensation so that employees can help solve the housing problem on their own. Becky Vickers — Discussed her experience commuting from Eagle -Vail to a job with Vail Resorts. Is concerned about the impact of the proposal on bighorn sheep. John Bailey — Is concerned about the impact on wildlife, but trusts the expert studies presented. Believes there are positives associated with the proposal and supports the proposal. Public comment was closed. Stockmar — Emphasized that there is no development plan associated with the rezoning request. Discussed the issue of the potential duplex or single-family development that could be built by right on the whole parcel versus a limited area of employee housing with the guarantee of a large area of open space. Any development would require a thorough review process as the next step. Kurz — Concurs with Commissioner Stockmar. Added that he lives in the neighborhood and is familiar with the issues. The affordable housing issue is critical to the long term survival of the community. Perez — Have to find a balance between wildlife preservation, addressing density concerns, and providing employee housing. Believes there is a transparency issue created by the applicant in not specifying the number of units proposed, building height, etc. Hopkins — Stated that she believes the process the applicant will have to go through in order to get any development approved will result in a benefit to the town. Lockman — Thanked the public for their input. In regards to the request, he concurs with Commissioner Stockmar that there is no specific project associated with this request and that the PEC will have the ability to control the specifics of the project as it moves forward. Believes that the proposal meets all of the criteria required for a rezoning request. Rediker — Thanked the public for their input and urged them to continue to be involved in PEC meetings. Concurred with Commissioners Stockmar, Lockman, and Kurz and believes the project complies with the rezoning criteria. Rediker cited specific ways in which the proposal meets said criteria. Understands the concerns regarding potential density and impact on wildlife and encourages the public to maintain their interest as the project moves forward to make sure these concerns are addressed. Agrees that it is odd that an applicant can request a rezoning without a development plan, but if that is a problem, it is up to the Town Council to change the rezoning procedures. September 19, 2017 - Page 58 Zone District Boundary Amendment Vail Resorts Parcel (3700 North Frontage Road East/Unplatted) e ris1 Feet C250100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) September 19, 2017 - Page 59 of 3t5Modified.September 6,2017 TOWN OFVAIL: From Alan S. Danson To the Vail PEC — September 6, 2017 I am writing to urge you to reject Vail Resorts (VR) request to rezone the East Vail Parcel (the Parcel) to allow workforce housing. I believe that the rezoning being requested by VR should be opposed for the following reasons. First, rezoning is the most resident -unfriendly thing that can be done by a Town authority. The neighborhood stretching from Bald Mountain Road through East Vail has been residential for the last 50 years. We need to turn out on September 11 to remind the PEC that we expect it to preserve the character of our neighborhood. We relied on the current zoning when we bought our homes, and that reliance should be respected. Second, the property is really unsuitable for development because it is prone to rockfall and mudslides. It is also valuable wildlife habitat, especially for Bighorn Sheep. Third, I am concerned about the potential density of any development that may occur if the rezoning is approved. It would be naive to think that VR will not ask the Town for the maximum density that its architects and land use planners think the 5.4 acres can sustain. Density and construction similar to Middle Creek, which I believe is what we can expect VR to ask for, would amount to another employee -only "ghetto" that has the potential for noise, traffic and "youthful activity" at all hours, in what is now a school zone and tranquil neighborhood. Also, I believe that the East Vail bus route, which is already overburdened during the ski season, could not reasonably be expanded to handle the additional traffic that a Middle Creek -style development would add. Also, the extra traffic on the frontage road would be a problem and safety issue for everyone, especially Vail Mountain School (VMS) parents dropping off and picking up children. Also, in the spring, summer and fall, the hiker traffic to Booth Falls trailhead, and traffic associated with soccer, lacrosse and other VMS events, is already a big problem, forcing parking on the frontage road. I believe that we would be courting accidents and endangering the lives of VMS school children if rezoning for employee housing were to be granted. Last, but certainly not least, please go take a look at the property that VR wants to rezone. It is an incredibly beautiful and pristine site that is the first thing that the visitor to Vail sees as he or she drives into the Valley from the East. The site should be preserved in perpetuity, not developed. Respectfully submitted, Alan Danson September 19, 2017 - Page 60 c From: ALAN DANSON To: Chris Neuberker Subject: More sheep photos Date: Wednesday, September 6, 2017 3:47:43 PM For the package...Alan Begin forwarded message: From: Silvia Danson <silviadan@comcast.net> Subject: Photos from Mar 29, 2016 Date: September 6, 2017 at 3:45:37 PM MDT To: Alan Danson <alandan@comcast.net> September 19, 2017 - Page 61 September 19, 2017 - Page 62 c September 19, 2017 - Page 63 c September 19, 2017 - Page 64 c From: CommDev To: Chris Neubecker Subject: FW: Envisioning a Sustainable Community Date: Thursday, September 7, 2017 3:42:26 PM From: Robert Lipnick [mailto:rnlipnick@gmail.com] Sent: Thursday, September 07, 2017 3:25 PM To: kdriscoll@vaildaily.com; CommDev; Council Dist List; Scott Miller Cc: Michael Hazard Subject: Envisioning a Sustainable Community Most of us first came to the Vail Valley because of the world famous ski mountain and started with a seasonal first job and a dream. We then fell in love with this community often making Vail home. However, many were unable to remain in this very special Valley due to the cost of housing. Lack of workforce housing has been a major issue the past 30 years, but has risen to a crisis level since 2015. Many employers have been unable to recruit and retain employees and now risk losing their businesses. The Town of Vail has made workforce housing a very high priority in their most recent Master Plan. Vail Resorts has recently proposed to rezone a 23 acre property they own in East Vail for 17.6 acres of preserved "open space" and 5.4 acres of primarily workforce housing. The fact that Vail Resorts is offering approximately 3/4 of their land to conservation and 1/4 to primarily workforce is in total alignment with Vail's Master Plan. Vail Resorts must be commended for their generosity and commitment to a sustainable community. Additionally, this offer by vail Resorts is consistent with Vail's Sustainable Destination principles. This is a win-win opportunity for all: a private piece of land that already has zoning for residential development on a bus route. Vail Resorts is leading the way to a more sustainable community by providing their land for new workforce September 19, 2017 - Page 65 c housing units. Michael Hazard and Bobby Lipnick recently co-chaired the NIMBY (Not In My Back Yard) Jamboree conference co- sponsored by the Vail Symposium and the Vail Valley Partnership. One of the main goals of that program was to discuss possible solutions for Workforce Housing in our Valley and to begin the process of opening our minds to YIMBY(Yes In My Back Yard) rather than NIMBY. Those of you who understand the critical need for new Workforce Housing solutions in our Valley can no longer remain silent! Please join us in support of Vail Resort's creative solution to Workforce Housing Crisis by attending the Planning and Environmental Council hearing this Monday September 1 lth at 1:OOPM at the municipal building at the Town of Vail. Bobby Lipnick, M.D., MBA, LEED AP Michael Hazard, AIA Robert N. Lipnick, M.D., MBA, LEED AP Kogod School of Business Adjunct Faculty 202-223-1080 ext.105 September 19, 2017 - Page 66 From: CommDev To: Chris Neubecker Cc: Shelley Bellm Subject: FW: proposed re -zoning Date: Tuesday, September 5, 2017 8:59:46 AM Attachments: image001.png fyi Lynne Campbell Housing Coordinator Community Development Department TOWN OF VAIL' 75 South Frontage Road Vail, CO 81657 Direct: 970.479.2150 Main: 970.479.2139 vailgov.com GREAT PLACE TWORK' 00 From: Joyce Green [mailto:jag_pugs@hotmail.com] Sent: Monday, September 4, 2017 4:22 AM To: Council Dist List; CommDev Subject: proposed re -zoning Town of Vail planning commission & town council, I am a second -homeowner who owns a rental unit at Pitkin Creek Park in East Vail. I rent this unit on a long-term basis as I understand the importance of providing housing for year- round locals who make the economy work in Vail. I am writing today regarding the proposed re -zoning of the Vail Resorts owned parcel in East Vail. I believe this proposed re -zoning is a win-win for all concerned. It is a private piece of land that is already zoned residential, and is located on the bus route. This is an ideal location for workforce housing rental units - as good as any remaining in Vail for housing as best I can tell — it won't block anyone's view, it is easily accessible right off the exit and has an existing bus stop right in front of it. Based on what I have been able to find online, 75 percent of the property will have no development while 25 percent rezoned exclusively for much needed deed -restricted, workforce housing. September 19, 2017 - Page 67 I also want to address the Vail Homeowners Association and other opposition to the rezoning of this private parcel. The opposition is the very definition of NIMBYism. Calling a future yet to -be -determined workforce housing development the "ghetto" that will lead to "youthful activity" and suggesting that "workforce housing needs to be down valley" is not the belief of all second homeowners. I encourage you to vote "yes" on the proposed rezoning, and to carefully consider any future development plans for the parcel. Sincerely, Joyce Green Pitkin Creek Park 6-A JG Reply all September 19, 2017 - Page 68 c From: CommDev To: Chris Neubecker Cc: Shelley Bellm Subject: FW: Support of East Vail Project Date: Tuesday, September 5, 2017 8:59:35 AM Attachments: image001.png FYI Lynne Campbell Housing Coordinator Community Development Department TOWN OF VAIL' 75 South Frontage Road Vail, CO 81657 Direct: 970.479.2150 Main: 970.479.2139 vailgov.com GREAT PLACE TWORK' 00 From: Jeff Morgan [mailto:jeff©ronbyrne.com] Sent: Sunday, September 3, 2017 3:06 PM To: CommDev Subject: Support of East Vail Project Town of Vail, Vail Resorts owns an approximately 23.3 -acre parcel north of Interstate 70 located at the East Vail exit. The intent is to rezone to the Housing Zone District, the Town's zone district dedicated to deed -restricted, workforce housing development with a variety of other ancillary uses. The intent is to develop the property with some combination of seasonal and other workforce housing. • Win-win for all: a private piece of land that already has zoning, on the bus route. Building space for our workforce is crucial and it is time they have the luxury to live well and prosper as a citizen of the Valley. If we continue to push our workforce down valley and create separation we will run into more than just a housing issue in the Valley. Vail Resorts is committed to working with others in our community to bring on more workforce housing. The Vail Resorts and our community's efforts to deliver new affordable September 19, 2017 - Page 69 housing units might be a few years behind but is needed more now for the future of preserving the beauty and experiences people travel the world to have in our Valley. The locations remaining in Vail for housing have become sparse and this is an idea location for housing— it won't block anyone's view, it is easily accessible right off the exit and has an existing bus stop right in front of it. • While Vail Resorts would master lease units for its employees, the project would allow other small businesses the much-needed opportunity to rent or buy units at this location or hopefully, units that have been freed up by Vail Resorts. These units provide a real lifestyle for the demographic we want moving to and growing the valley and our communities, creating jobs and becoming a part of our mountain lifestyle. In the consideration of this project we must see past classification of individuals as workforce and see them as part of our NEW community. If we don't have a happy, secure and growing workforce then, we don't have Vail. Vail has always provided the finest of everything to the world and our workforce is the majority of why Vail is what it is and how it has stayed an icon throughout the years. Please submit my letter of support for this project. Jeff Morgan Associate Broker Ron Byrne & Associates Real Estate 285 Bridge Street Vail CO 81657 0: 970-476-1987 C: 720-314-0023 E: jeff@ronbyrne.com www.ronbyrne.com September 19, 2017 - Page 70 Ron Byrne & Associates 2016 Luxury Property Collection September 19, 2017 - Page 71 c From: Brian Nolan To: George Ruther; Chris Neubecker Subject: housing Date: Monday, September 4, 2017 11:23:10 AM As a longtime business owner in Vail, and the entire valley, I have actively served for many years on the Vail Economic Advisory Council, was involved on a leadership level for almost two decades with the Vail Valley Partnership and numerous other representative boards for the betterment of our world-class resort community. For so many years, we have found ourselves in a severe housing crunch, which has become even more sever in the recent years largely due to the impacts of rent -by -owner dynamics. I applaud any and all of the past efforts and more this current Planning and Environmental Commission and Vail Town Council for prioritizing delivering new affordable housing, both for -sale and rental. Now before you is an incredible opportunity brought to you by our biggest employer in town, Vail Resorts. This opportunity will not only benefit their employees but all of us with small businesses. I have to say, I am absolutely shocked, shocked, that we have a few individuals who have weighed in with considerable misinformation to help bolster their desire to see no more workforce housing in one area or another within the Town of Vail limits. Our employees who work early hours and hard shifts to run your lifts, clear the snow from our roads and serve you pizza should absolutely be living on a bus stop route, served by the incredible Town of Vail transit system, close to their work places, enjoying the quality of life that their neighbors do. For fear -mongering opposition to claim this East Vail parcel is open space is not true — it is just undeveloped. In addition to Vail Resorts bringing on housing, they also have prioritized enhancing wildlife with putting the bulk of the property into very restrictive, non -developable zoning. The entire some 23 acres has residential zoning already on it. And in taking the time to do just a little bit of homework, this is not a north/south wildlife migration corridor and there is no habitat designated as a migration corridor within several miles of the parcel. Wildlife do not migrate north/south across I-70. So, please let's not waste time. Please approve the rezoning and then we can all get to work on designing the right project for this location, benefiting our entire community. Thank you for your thoughtful review, Brian Nolan Brian Nolan GROUP970 1 FOOD.DRINK.ADVENTURE. Blue Moose Vail 1 Blue Moose Beaver Creek September 19, 2017 - Page 72 M. Joseph McHugh 4014 Bighorn Road Vail, CO 81657 Editor Vail Daily August 27, 2017 Dear Sir: Concerning Vail Resorts' recent re -zoning application relative to its East Vail property on the North side of the frontage road at and to the West of the 1-70 intersection with Bighorn Road and the bus stop. The land has been designated as open space for more than 20 years. There are several serious issues to consider which suggest the VR application should be rejected. Affordable Housing vs. Open Space Yes, affordable employee housing is a serious problem confronting Vail and every other major resort in the world as well as most major cities in the United States and elsewhere. The principle solutions are higher wages and / or affordable, comfortable public transportation from / to more affordable housing areas, in our case Eagle, Gypsum, Dotsero, Leadville, and others. Such transportation might have to be subsidized by employers and / or the Town of Vail. Hence, the trade-off: higher wages or transportation subsidies. Most assuredly, the answer is not to build more allegedly "affordable", deed -restricted housing on previously designated open land. The shadow of this solution looms over the Town's current plans to "reexamine" the long-established open land designation and planning policies of the Town, as well as over VR's current application. One suspects that the undisclosed agenda of the open land review is to change or modify areas of previously designated open land to accommodate "affordable" housing. If the TOV chooses to override the open land designations of various parts of the town, then it should be prepared to refund to property owners the open land fee paid by every purchaser for such purpose over the past 20 to 30 years when they purchased their properties with the confidence that the land so designated and funded would remain "open". Environmental The subject land is a significant wildlife grazing area — especially for Bighorn Sheep. I am told that there is a resident herd of about 40 Bighorn sheep above the ridgeline, many of which come down to graze in this area in March and April every year. The highest number we have counted is 27. One should be concerned that development of this property will have the same impact on the Bighorn sheep, as well as elk, deer, black bears and other animals, as did the re -development of the Ford Park athletic September 19, 2017 - Page 73 c M. Joseph McHugh 4014 Bighorn Road Vail, CO 81657 fields where a large herd of elk grazed each March and April. The prolonged interruption due to the re -construction has driven them away. Here, the development will obliterate the last open wildlife area in the Town of Vail. The subject land is also in a serious rock fall area and there is presently no defensive barrier or catchment area to mitigate the risk as there is to the West of the property where a catchment "shelf" provides some protection to the housing below it. Allegedly, the US Forest Service owns the land above the subject property up to and beyond the ridgeline. At a minimum, the Forest service or the TOV should require a thorough environmental impact study to be performed by a truly independent expert in the field prior to any approval of the zoning change. VR has proposed that the eastern two thirds of the property would de dedicated to open space, an interesting proposal in light of the fact that that portion of the property is not economically developable anyway. I don't know the source of the apparently gratuitous observation in the Vail Daily article that there would be no athletic fields developed on the subject property. I suspect it might be very difficult to put a soccer field on a 30 to 40 degree slope. Traffic Unlike the Middle Creek development (the "Italian Village") which a) has concealed parking, b) is within easy walking distance of the village center, and c) has its own dedicated bus stop, the proposed development might have open surface parking (unless restricted in any re -zoning process) and will require occupants to drive to town with the ensuing parking problems or take the bus. The already seasonally strained East Vail bus route will be overwhelmed by the hundreds of residents of the proposed development. Is the TOV prepared to significantly expand the East Vail bus service to accommodate the increased demand? Curiously, during this unstrained Summer season, the east Vail bus schedule has been increased from hourly to half-hourly, perhaps in anticipation of such a change in response to an approval of the zoning change. Timing One disturbing aspect of this late re -zoning proposal is the timing and pace of consideration of VR's application. Interestingly, all Summer long there have been various vehicles parked at the West end of the subject property which one might reasonably suspect were associated with VR's application. The proposed first hearing before the Town Council is set for September 11, the "shoulder season" when many second homeowners whose properties will be effected by the re -zoning and subsequent development will be absent. To my knowledge, no East Vail homeowners received any notification of the re -zoning application. It appears that the TOV and VR have been conducting "sub-rosa" negotiations of this application for some time and chose the timing very carefully to assure its speedy approval. All interested parties should attend the September 11 hearing. September 19, 2017 - Page 74 c August 29, 2017 George Ruther Chris Neubecker Town Planners Town of Vail Via e-mail gruther@vailgov.com cneubecker@vailgov.com Gentlemen: As a Vail Valley business owner and owner of commercial office space in the Gateway building, I would like to weigh-in on the East Vail housing parcel. I am in favor of use of the parcel for deed -restricted, workforce housing in a public/private venture between the Town of Vail and Vail Resorts. Simply, why wouldn't we develop, for workforce housing, a key parcel, on the bus -route, on the edge of Town, that doesn't negatively impact view corridors of current residents? Isn't workforce housing the single biggest issue facing the continued success of this magnificent resort community? My understanding is that, of the 23.3 acres, the eastern two-thirds would be preserved as a 17 -acre Natural Area Preservation District—the Town's most restrictive zone district. The remaining six acres would be rezoned to the Housing Zone District, the Town's zone dedicated to deed -restricted, workforce housing for seasonal and workforce residents. I've seen well-planned and well-designed deed -restricted housing work incredibly well in resorts throughout the Rockies. I have friends who have enjoyed raising their families "in town" in resorts from Aspen to Mammoth. Vail has always been, and remains, a leader in resort and community standards the world over. I hope we, as a community, realize we have an opportunity to make a dent in the housing problem. Again, why wouldn't we? Regards, Patricia E. Peeples September 19, 2017 - Page 75 c From: loan carnie To: Chris Neubecker Subject: proposed development near exit 180 Date: Tuesday, September 5, 2017 2:12:56 PM Since we shall be away for the Monday meeting, we would like to go on record stating our views to the commission. We are opposed to any change of zoning.This is the huge number one Any additional traffic on the frontage road causes additional safety concerns. Already there are traffic and parking concerns with the Mountain School and the Booth Creek hiking trail. This parcel of land is a pristine view for guests arriving off exit 180 and an important area for our wildlife such as deer, elk and bighorn sheep. Let us not let Vail Resorts take away what little open space is left in the valley. We realize the need for employee housing , but here is not the place. Sincerely, Jack and Joan Carnie. residence of Vail since 1962 September 19, 2017 - Page 76 c From: Shelley Bellm To: Lynne Campbell; Chris Neubecker Subject: FW: Support for East Vail Rezoning Date: Tuesday, September 5, 2017 4:49:02 PM From: Seth Ehrlich [mailto:seth@sosoutreach.org] Sent: Tuesday, September 5, 2017 4:48 PM To: CommDev Subject: Support for East Vail Rezoning Community Development Department, As you prepare for a decision on the East Vail parcel, I'd like to add my support for the rezoning for your consideration. The rezoning extends the opportunity for the Town of Vail to be a leader in identifying creative solutions and effectively engaging with partners to address the most significant challenge facing our community. The availability of workforce housing has reached a tipping point where the amenities and allure of our community can no longer overcome the shortage and cost of housing. This is particularly true when recruiting for entry to mid-level positions in the valley. I've personally seen the reduction of applicants for positions based on the challenges that exists to find housing. I've also had existing coworkers who are dedicated to being here see their housing security reduced based on the change from their housing to short-term rentals in the past year or significant increases in their renewal rates. As a result, they are questioning their ability to stay in the community. These are individuals who provide the level of service that people expect in the Vail Valley and that make our region what it is. If they move on, who will fill these roles? It is through dedicated, deed -restricted, workforce housing that our entire community benefits. There is greater sustainability of housing and the opportunity for individuals to not only survive but to thrive in the valley. My wife and I are examples of people who benefited through a project like being proposed by securing a house in Miller Ranch eight years ago. We say to our friends that we won the lottery when we were provided the opportunity to purchase our home. It is singlehandedly the opportunity that has made it possible for me to remain in the community and to fully engage. I have had the opportunity to raise two kids and will be able to continue to give back across the community. You have the potential to create a similar development that will strengthen the fabric of our community and promote what we need to be successful. I am frustrated by the challenges that exist to creating real solutions to the issues that are being faced. We're a community that wants it all, and the reality is that we need to approach it with different thinking to achieve it. You're doing it by considering this rezoning opportunity. Please move forward with its approval. Thank you. Seth September 19, 2017 - Page 77 Seth Ehrlich ' Executive Director PO Box 2020 / Avon, CO 81620 direct 970.926.9292 x 102 / cell 412.953.9622 sosoutreach.orq follow us @sosoutreach Itil LJ `©.. 970.306.0269 September 19, 2017 - Page 78 As a Vail Homeowner who originally came to Vail and lived in the Apollo Park employee housing project I fully endorse Vail Resorts proposal to build a new employee housing project on the parcel of land the company owns located near the 1-70 East Vail exit on the North Frontage Road. I can't envision a more perfect location for a new housing project since it is located on an isolated parcel near a bus stop that does not affect views of an existing neighborhood. Misinformation has been circulated that states this parcel of land is the last remaining wildlife corridor. Really? The proposed parcel borders both the two- lane North Frontage Road and four -lane 1-70. I highly doubt this is an ideal wildlife corridor. Providing affordable housing, in the upper valley, for individuals who work in our community should be a high priority for all of us who live in Vail. If you are retired or a second homeowner thus out of the employment market please think about all the "employees" you encounter on a daily basis. Imagine how much your quality of life and property values would be negatively affected if there were no employees? "Employee" is not a 4 -letter word. Instead it is a label for our friends and neighbors who live and work alongside the majority of us. I hope there are many more affordable housing projects built, like Apollo Park and Pitkin Creek Park, that allow individuals, like me 40 years ago, to enter the Vail job market and become future friends and neighbors. Susie Tjossem 1630 Buffehr Creek Road Vail September 19, 2017 - Page 79 VAIL HOMEOWNERS ASSOCIATION September 6, 2017 Planning and Environmental Commission Town of Vail 75 Frontage Road West Vail, Colorado 81657 RE: Vail Resorts East Vail Rezoning Application Dear Chairman and members: The Vail Homeowners Association has reviewed pertinent documents submitted by Vail Resort concerning the rezoning application for their 23.3 acre parcel adjacent to the north side of the I-70 East Vail Interchange. The Association has prepared the attached reports that address concerns arising from our review. It is our recommendation that additional study is warranted with respect to the following: 1. The impact upon wild life habitat and migration corridors on the development site, per the March 6, 2017 State of Colorado Park and Wildlife, Department of Natural Resources letter to the Town of Vail. See attached. 2. The application of section 12-12-2 of the TOV Code per the long-term protection of the environment in conjunction with land use and development decisions. 3. Whether this rezoning would be consistent with the TOV's Open Lands Plan and its commitment to environmental sustainability. 4. The potential for rockfall, debris flow and , landslides, emanating from the slopes above the proposed development site. 5. The effect upon upland wetlands above and on the proposed development site. 6. The effect of a natural hazard mitigation structure, catchment area and buffer zone upon the development portion of the site. 7. The sufficiency of review criterion and findings associated with the impacts and density allowances provided for in the Housing zone district. 8. The implication of the proposed rezoning upon the public infrastructure necessary to support the proposed uses such as public transportation service and the like. 9. The effect of the rezoning upon land values and proposed uses upon the preference stated in the 1994 Open Land Plan for the Town of Vail to acquire the site as open space and wildlife habitat. Thank you for your thoughtful consideration of these concerns. R- gards es Fra ecutive li L.mont erector Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(a,vail.net Web Site: www.vailhomeowners.com 1 September 19, 2017 - Page 80 c Area of Vail Resort's Proposed Workforce Housing Project VAIL HOMEOWNERS ASSOCIATION VR's Proposed Workforce Housing. August 14, 2017 VR's Proposed Workforce Housing. On the north side of I-70 and Frontage Road, between the Vail Mountain School and the East Vail exit, VR owns 23.3 acres that is currently zoned for duplex housing. At the present, this is vacant, open space land that is a major wild life corridor. VR has now announced that it is going to seek to rezone the property so that the western 6 acres can be used for employee (EHU) housing. The remainder would be rezoned as natural preservation land but would remain under VR ownership, and there would be nothing to prevent VR from later seeking to again rezone that property. The twin lures of affordable housing and open space may be irresistible to Town officials—think what has already happened with the Roost Lodge property and the Mountain View development, where provisions for affordable housing have trumped zoning and neighborhood concerns. It should, therefore, come as no surprise that VR now seeks to subdivide its property and use part of it to satisfy its workforce housing needs. EHU zoning would allow much greater development of this land. The current zoning has a maximum height allowance of 33 feet and setback and GRFA limitations. EHU has no height or setback limits, and while there are GRFA requirements, those can be side-stepped through a Special Development District application, a 2 September 19, 2017 - Page 81 c process that the Town seemed to have embraced anew. VHA has criticized that spot -zoning process as "zoning for sale" with the upper hand going to well healed developers, but so far, the TOV is proceeding with such applications as though they are the new norm. Once VR has secured the rezoning, it plans to obtain a developer to plan and build the project. Most, if not all of the units would be master -leased to VR. Any unspoken for units would presumably be made available to the public. Financing would seem to be assured, as the development is supposed to be part of VR's 2015 commitment to provide $30 million in workforce housing across all its resorts. Is this coming to East Vail? What This Means. Beyond rezoning, VR has kept its plans under wrap, waiting to announce them until after it has secured the rezoning. However, a VR spokesperson indicated that the project would be on the order of 300 units (600-800+ residents) and 5 to 6 stories high. Vail Resorts has however emphatically stated that it has no present plans for development of the property and that it will not make any plans until after it has obtained rezoning of the property. If this amount of density were to occur, to fit this within 6 acres, increased density and/or waiver of parking requirements would be required. One thing that is clear, a development of hundreds of highly concentrated units will change the character of the neighborhood. It will, also, be one of the first things that visitors coming from the east see as they enter the valley. Those considerations may be why no specific plans have been announced. 3 September 19, 2017 - Page 82 c Also, yet to be addressed is traffic mitigation and the impact of such a development on the mass -transit bus routes to East Vail. Adding several hundred additional potential riders would overwhelm the current schedule. Have the Skids Already Been Greased? It appears that VR has already cleared the way for its rezoning plans, and it is rushing to get them approved before any opposition can build or get organized. The Town Community Development Director immediately spoke positively about the plans, even promising "to do everything possible on our end" to help VR get its plan quickly approved. And, the first hearing is already scheduled in just a few weeks, on September 11th, which indicates that a lot of behind -the -scene work has already taken place. It is probably no coincidence that all of the zoning process is scheduled to take place during September and October when many are gone, and any opposition will be at its low ebb so that it will be a done deal by the time people return for the winter season. That would mean, however, that these plans would be voted on before the upcoming Town elections. Wildlife removal awaits TOV's approval and VR's bulldozers. Copyright 2017 Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(avail.net Web Site: www.vailhomeowners.com 4 September 19, 2017 - Page 83 c The last wildlife habitat in the Town of Vail. Is this open space about to be sacrificed for the sake of housing? VAIL HOMEOWNERS ASSOCIATION Vail Resorts' Housing Proposal Environmental Issues August 29, 2017 Two weeks ago VHA reported on Vail Resorts' application to subdivide and rezone 22 acres of East Vail property to create a housing project on the eastern 5.4 acres of that property. Since then, VHA has continued to investigate the proposal and has come to learn that this proposal involves major environmental issues. This report now examines the environmental and geological issues raised by that proposal. In its application VR has touted this project as a "net benefit to the environment." However, there are substantial reasons to believe that development of the property will have a major impact on wildlife habitat and migration corridors. VHA believes these are issues that could be the first test of Vail's recent designation as America's first environmentally sustainable destination resort. This report, therefore, addresses those issues so that the community and the Town of Vail are fully informed on the impact of this proposal. 5 September 19, 2017 - Page 84 c It is unusual for VHA to produce a follow-on report so quickly, but this project is on a fast track—the first hearing is scheduled for September 11th before the Vail Planning and Environmental Commission with a hearing before the Town Council tentatively scheduled 8 days later which means the entire process could be finalized by mid-October. Time is, therefore, of the essence. Correction re: Vail Resorts' Development Plans. Before getting to the environmental and geological issues, a correction to the original report is in order. In that report, based on what we considered to be a reputable source, VHA stated that it had been informed that VR intended to build a large scale, "Middle Creek" type, project on the order of 300 units and 5 to 6 stories high. Vail Resorts has, however, emphatically stated that it has no present plans for development of the property, and that it will not make any plans until after it has obtained rezoning of the property. VHA's mission is to protect the quality of life in Vail which is contingent upon knowing the impact that any new development will have upon wildlife, the environment and the people in our community. Sometimes we do not receive correct information. We regret if our initial reporting was, therefore, inaccurate. The western portion of this site is proposed for workforce housing. Open Space Land. Currently, the entire 22 acre tract is in a natural state, covered mostly by pristine Aspen forest. Historically, that tract has been designated by the TOV as open space land as was set forth in the 1994 Vail Comprehensive Open Lands Plan, where it was designated a "high priority" for "environmental protection [as] open space." VR discounts that designation because of confusion over the ownership of the land; apparently, VR didn't realize it owned the land. Nonetheless, in the current run-up to amendments to that Plan, the public made it clear that "priority" was to be given to the "protection of environmentally sensitive areas open space preservation." 6 September 19, 2017 - Page 85 c But this is not just open space land; it is a major wildlife habitat and north/south wildlife migration corridor, the last remaining in the Town of Vail. That would change under VR's proposed zoning change. Zoning is not just a matter of regulating land use. It, also, creates vested rights in the property owner. For example, if VR was to obtain a housing classification for the property in question, VR would acquire a vested right to develop the land for that purpose. While the TOV could regulate the size and extent of any development, it could no longer prevent the property from being developed for that purpose. And, since "H" (Housing) zoning has few restraints, any resulting development could be quite large. VR's Wildlife Assessment. Although VR would prefer postponing any wildlife considerations until it submits development plans, it did file a wildlife assessment in support of its rezoning request which concluded that development of the 5.4 acres should not result in any measurable change in bighorn sheep or elk habitat use or herd size. That report, however, is seriously flawed and parses terms to reach its conclusion. While the report included a site visit, there is no mention of any findings from that visit. However, even a casual stroll through the property shows that it is a major wildlife habitat and north/south wildlife corridor for all types of wildlife. Instead, the bulk of the report relies on data from the Colorado Parks and Wildlife, a Colorado state agency whose mission includes perpetuation of "the wildlife resources of the state ...and [to] inspire current and future generations to serve as active stewards of Colorado's natural resources." As that data shows, development on the 5.4 acre parcel would impact bighorn sheep range, habitat and lambing areas; elk winter range; peregrine falcon nesting and hunting areas and black bear summer forage habitat. Although not discussed, it follows that development will, also, impact smaller animals and other fauna. This is a conclusion that CPW and scientific literature support. As reported by the CPW, bighorn sheep, elk and deer have been on the decline in Gore Valley for at least the last decade, and wildlife populations, in general, are not sustainable under current conditions. The loss of more critical habitat would only exacerbate the situation. And it is not just the immediate property that is affected as there is a "zone of influence" that extends the impact of development outward for some distance in all directions. That impact could be quite substantial if this is a large scale project that completely fills the 5.4 acres as that would require clear cutting of thousands of trees and massive earth movement so that the effects of that development would be at the extreme. The VR wildlife report, nonetheless, concludes that rezoning would have no effect on wildlife; even though, it is the first step in development, i.e., giving VR a vested right to develop the property. But this is parsing the difference between zoning and development as though one does not lead inevitably to the other, just like night follows day. VHA believes that the correct and inescapable conclusion is that rezoning would set in motion a process that would lead, unavoidably, to the destruction of significant, critical wildlife habitat and migration corridors, with the degree of impact directly related to the size of development. That conclusion is only bolstered by the defensive measures that would be required to protect any development from the upland geologic hazards in the area. 7 September 19, 2017 - Page 86 c Could this be coming down? Rockfall Potentials and Required Defensive Barriers. VR also filed a Rockfall Hazard Study. That study concluded that rockfall is not a matter of if, but rather when. To protect from rocks up to 10 feet in diameter— there are some boulders on the site that are up to 20 feet long—a defensive barrier at least 12 feet high would be required along the north side of the property together with at least a 10 feet wide catchment zone and a down slope buffer zone between the barrier and any structure. All together, it would amount to a 35 feet or more wide swath that would require additional clear cutting and massive earth movement which would add to the destruction of wildlife corridors and habitat all across the property. Other Geologic Issues. Although not within the scope of the Rockfall study, the study notes that due to upland conditions, a significant precipitation event could trigger a debris flow which has already occurred nearby in Booth Creek. This is a no-win situation for the environment since mitigation cleaning of the upland would increase the rockfall hazard, requiring more substantial defensive structures. The study does not, apparently, consider landslides to be an important concern; even though in the past, a major landslide did occur through the center of the property, rendering most of the tract undevelopable (so that VR is not giving up anything by offering to rezone 17 acres of the tract as natural preservation land). The "toe" of that 8 September 19, 2017 - Page 87 c landslide rests behind a retaining wall at the I-70 interchange bus stop (the retaining wall is in need of repair). Soil stability is, however, an issue since there are several rivulets and drainages in the area, and the presence of lush uphill vegetation suggests the existence of an uplands wetland, both of which could cause soil saturation and instability. In addition, ground undercutting for rockfall defensive barriers or development could, also, destabilize the area. This suggests that much more work would need to be done to analyze the real landslide potential. Nonetheless, it seems a reasonable conclusion that mitigation for the geology of the area will further contribute to environmental degradation and wildlife compromise. Vail Resorts' Response. The principle thrust of VR's response to VHA's initial report on this project ("Clarifying potential new employee -housing project," Vail Daily, August 22) was that Vail needs more work force housing (if any is left over after VR's needs, it would be made available to the public), and its property is a great location. But VHA believes there is more to it: that issues of preemption of open space, neighborhood integrity, environmental impact, geological concerns, infrastructure effects and quality of life should all be considered. As set forth in section 12-12-2 of the TOV Code, long-term protection of the environment has long been a guiding criteria for land use and development decisions. This proposed project invokes the majority of the concerns set forth in that Code. In addition, a large scale housing project would be in marked contrast to the existing area and could overload the transit system, requiring more TOV investment. The VHA urges that careful and thoughtful consideration of all relevant issues should be the order of the day, and if that requires more time, the process should be slowed down to allow for the best decision for the Vail community. The TOV might be well served to consider this application in conjunction with its review and revision of the Comprehensive Open Lands Plan and/or requiring an independent environmental impact study. Copyright 2017 Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha@vail.net Web Site: www.vailhomeowners.com *********************************************** 9 September 19, 2017 - Page 88 c March 6, 2017 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Service Center 0088 Wildlife Way Glenwood Springs, C081601 P 970.947, 2920 1 F 970.947.2936 Peter Wadden Watershed Education Coordinator Community Development -Environmental Town of Vail Peter, As per your request I have put together what information the Colorado Parks and Wildlife have available to provide you with as much guidance as possible on the sustainability of wildlife populations within the Gore Valley. As we discussed over the phone it is very difficult to break out wildlife information on small areas. Using the available information I have tried to make as specific as possible to the Gore Valley. Part of the problem is the Gore Valley is covered by 2 different game management units (GMU), GMU 36 on the north side and GMU 45 on the south side. For road kill information I have put together the information for 3 years (2014-2016). It is important to remember that road kill data is very preliminary since many animals are able to get away from the highway before dying and are never counted. Also Colorado state law allows for the public to possess certain road killed animals and often these animals are picked up before they are counted. You will also notice that many small mammals are not even mentioned as there is no data for them. This information is attached below. The number of bears that are removed or put down by CPW due to human/bear conflicts is very dependent on weather patterns and public perceptions. I again used data from 3 year (2014-2016). I don't have the data for the number of calls the Vail PD took on bear complaints for this period but I believe you can get these from the PD. 2014 CPW put down 2 bears in Vail. 2015 and 2016 no bears were removed or put down. I used the same years for lion conflicts. Lion conflicts have really become an issue the in the last 2 years. Prior to 2015 I might get 5-10 calls per year about the public seeing lions in or around the Town of Vail with most of these being just the public reporting a sighting. However in 2016 I received 18 calls within the Town of Vail and 2 of these were for dogs that were killed by lions. Many of these calls were about the public encountering lions while out with their dogs and concerns that their dogs 10 September 19, 2017 - Page 89 were at risk of being attacked by the lion. In 2016 CPW did remove and put down 1 lion from the Town of Vail. Deer and Elk: CPW conducts annual big -game classification flights to determine age structure, sex ratios, reproductive success, and population estimates for each data analysis unit (DAU). These DAUs cover large geographic areas, and trying to extract information at a much smaller scale drastically decreases the accuracy of the estimates. A drawback to using historical count data to estimate impacts on wildlife is the amount of confounding variables that influence a species at the population level. Examples include weather, disease, population management at the DAU level for big -game species, and development/human disturbance. These factors can increase the difficulty of defining impacts by using animal abundance before and after development. It is becoming increasingly apparent to wildlife and land managers that human disturbance to wildlife in the form of recreation is taking a toll on wildlife and on habitat by reducing functionality. In areas experiencing high levels of recreation, animals tend to spend less time foraging and resting and more time traveling. Mountain biking and ATV use may create the highest levels of disturbance for mule deer and elk (Naylor et al. 2008). Behavioral changes such as these occurring in summer range habitat may result in an overall decrease in animal fitness, which often negatively affects reproductive success and winter survival. Examples of these within the Gore Valley are the request for additional biking and hiking trail from Spraddle Creek to Booth Creek, the Vail Trail expansion on the south side of the Gore Creek, the increase in summer activities on Vail Mtn., the request for the expansion of Gold Peak racing area and the overall push to make the valley a full 4 season recreation destination. Elk: Fortunately for elk we have a current study done in Game Management Unit (GMU) 45 from 1995 to 2005 that looked at impacts on elk calving/recruitment from human disturbance. For the elk populations I put together some information using baseline information we have from the elk study done in the Eagle Valley from 1995 to 2005. This study was done in GMU 45 and was to determine impacts on elk calving from human disturbance, (Phillips and Alldredge 2000, Shively et al. 2005). The study done at Beaver Creek and Vail demonstrated that calf/cow ratios for elk declined by approximately 40% (from 64.6 calves per 100 cows to 39.8 calves per 100 cows) as a result of human induced disturbance during the calving season (Phillips and Alldredge 2000, Shively et al. 2005). Reproduction levels during the treatment period were determined to be insufficient to maintain a stable elk population. The second half of the study involved removing the human disturbance component. With the human disturbance removed the calf/cow ratios rebounded to their pre treatment levels. We used the radio collared elk and age and sex ratio counts done from helicopter to determine the elk population in GMU 45. The baseline years were 1994, 1996, 1997 (1995 counts were not used 11 September 19, 2017 - Page 90 c because the flight time was reduced by approximately 50%). These are the 3 years that we have Lincoln indexes, which provides us with 3 years of data to obtain an average on the % of the population we actual count during a flight. The average % of the population we counted based on these 3 years is 41.8%. During this period (1994 to 2015) we have had the same observer (except for 2013) and have had relatively the same number of flight hours each year (from 3.5 to 4 hours). The average population for the 3 years of baseline (1994, 1996, 1997) was 1771 elk. The average population for the last 3 years is (2012, 2013, 2014) was 604 elk. That is a 63% drop in population levels (1167 less elk). From 1998 to 2015 there has been 13 years that we have been below the baseline population level. The classification counts for 2013 and 2014 (162 elk) and 2015 (149 elk) were the lowest counts since 1975. Deer in GMU 45 and 36. We are not as fortunate with deer as we don't have any current studies to provide Lincoln indexes for the % of the deer population we count during aerial age and sex ratios. So I used harvest data. The Data Analysis Unit (DAU) for deer is D8 and it covers Units 35, 36, and 45. Harvest GMU 45 From 1955 to 1962 the harvest went from 205 deer to 500 deer respectively with 1962 being the highest harvest (500) ever in GMU 45. The harvest has never again hit 500 deer. From 2010 to 2014 (I am missing 2013) the harvest went from 60 deer to 127 deer respectively. This is confounded by the fact that we now have totally limited deer licenses now. Harvest GMU 36 From 1955 to 1962 harvest went from 553 deer to 1947 deer respectively, with 1962 again having the highest harvest of 1947 deer. The harvest has never again hit 1947 deer. From 2010 to 2014 (I am missing 2013) the harvest went from 157 deer to 318 deer respectively. Again like GMU 45 this in confounded by total limited deer limited licenses. But if you compared those periods there has been greater than a 3 fold reduction in deer harvest in BGU 45 and up to a 6 fold reduction in deer harvest in GMU 36 since 1962. The DAU plan for D8 has shown a steady decline in population since the 1980's. For most of the 1980's the DAU population objective was 26,000 deer, in 1988 it was reduced to 21,000 deer and in 2008 it was reduced to 13,500 to 16,500 deer. These population objectives were reduced based on several factors (loss of habitat, increased recreation pressure, weather, predators and quality of habitat). In the early 1970's Colorado Division of Wildlife researcher Dale Reed completed a study looking at the impact of 1-70 on deer migration at Mud Springs (just east of Dowd Jct.). There was a concrete box culvert placed under 1-70 to provide a migration route for deer. The study on the Mud Springs 12 September 19, 2017 - Page 91 c deer underpass showed about 39% of the Mud Springs deer population failed to pass through the underpass. Below is some information from a 1975 report on deer impacts from the start of Vail. Land use changes in the form of rapid increases in human in -habitation, activity and the construction of 1-70 in the Eagle Valley have contributed to a substantial decline in deer numbers. The extent of this reduction is best expressed by changes in numbers of deer harvested in the two periods, 1959 to 1963 and 1969 to 1973 and comparison of these changes with those of the state as a whole. The percentage decrease in the annual deer harvest in Eagle County between the two time periods was greater than that for the State as a whole, 52.8% and 47.8%, respectively. During this time, the Eagle County contribution to the State's deer harvest declined from 6.2% to 4.6%, and Eagle County's ranking dropped from an average of 5th place to 6th. It is also interesting to note that the decline in the number of deer harvested was greater in Game Management Unit 45, 63.7%, than for any other unit in Eagle County. GMU 45 includes Vail Village, the Vail Ski Area and many related developments, nearly all of which have been developed subsequent to the 1959-63 comparison period. Bighorn Sheep: There is only one population of bighorn sheep in the Gore Valley. An important part of the winter range for this herd is within or adjacent to the Town of Vail and 1-70 in the east Vail area. This herd is considered a native herd although there was a transplant of 7 sheep done in 1948. In the 1950's the population was estimated to be 30, in the 1990's the population was estimated to be 80-100; the current population estimate is 40. The population has not recovered since the hard winter of 2007- 2008. The reasons for the lack of recovery are not clear cut. There are numerous factors that could cause this; disease, lack of winter habitat, poor quality habitat from the lack of habitat management (no fires), predators and increased recreation pressure. We have not detected any increase in disease. Whatever the cause, the populations has been unable to rebound from the winter 2007- 2008. Mountain Goats: There is only one population of goats in the Gore Valley. This herd spends its time far above the boundaries of town really does not use habitat adjacent to the town of Vail. However the population for this herd has been in decline for the last 4-6 years. Moose: The moose population in the Gore Valley (and all of Eagle County) has been increasing. Moose started showing up regularly in the Gore Valley around 1983. This increase was a result of moose moving from the North Park area. Moose have the ability to winter in much greater snow depths than do deer or elk, plus moose are able to utilize forage of a larger diameter. Moose also are not as prone to being disturbed by human activities as are deer and elk. Moose are more willing and able to stand and even defend their turf from human disturbance than are deer and elk. These factors combined have allowed the moose population to increase. However these same factors may be the 13 September 19, 2017 - Page 92 c same reasons that the moose population is close to reaching its "political" capacity as calls on moose in yards, town, or on recreation trails increase and there is a greater push by some to reduce the moose population because of these conflicts. Peregrine Falcon: Peregrine falcons have established at least one nest site within the Gore Valley in the last decade. The nest site has been fairly well buffered from human activities that could impact its success. However the increase in hiking, biking trails along with the increasing pressure to further develop the ski area for summer recreation could impact the success of this nest. Black Bears: Black bears have seen an increase in their population over the last 2 decades. The development of the Gore Valley has resulted in an increase in food sources and limited the impact from fall berry crop failures on the recruitment of bear cubs. Human trash, pet food, bird feeders, and planting of fruit producing landscaping have significantly increased the available food sources for black bears especially during critical periods. Some would consider this to be a success while others would not. The increase of human induced food sources has resulted in numerous bear/human conflicts. Although the conflicts have not resulted in any serious human injuries they have resulted in the death of numerous bears over the last 20 years (this includes road kill). Mountain Lions: Mountain lions have seen an increase in their population levels over the last decade. As with bears part of this increase in lion population can be linked to an increase in available prey species caused by the development of the Gore Valley. The same food sources mentioned in the section on black bears play a role in providing food for lions. The populations of raccoons, red fox, marmots, and various species of small mammals have increased from this boost in food availability due to human development. Along with the increase in human population, the population of household pets (cats and dogs) has increased. Lions have utilized household pets as another food source. This has resulted in an increase in human/lion conflicts. Although the conflicts have not resulted in any serious human injuries they have resulted in the death of several lions over the last 10 years (this includes road kill). Gore Creek: I think you have a fairly good picture of Gore Creek from all of the recent studies the town has been doing. As a fishery the lower half of Gore Creek is holding its own and still has all four species of trout. However as the studies the done by the town on Gore Creek show the creek is in trouble and without significant improvements in the overall health of the creek the fishery could easily decline. The upper section of Gore Creek and Black Gore Creek are not doing as well and could be further impacted from proposed improvements to 1-70 on Vail Pass. The possibility of the greater impact to Gore Creek is probably more related to weather patterns and the need for additional water for human use and snowmaking. Changes in weather patterns and runoff events could easily have the most significant long term impact on the watershed. The push to 14 September 19, 2017 - Page 93 c increase recreational events on Gore Creek and to manipulate the stream channel to allow for additional recreation activities or to extend the season of use could all have significant impacts on the ability of Gore Creek to function as a quality fishery. Is the Gore Valley sustainable for wildlife? I am sure there are other species that could be discussed but the data to provide defensible comments on these species is lacking. You first have to define what sustainable is when it comes to wildlife. Is it having a token population or is it having a robust population? Does a population in decline qualify? If the human/wildlife conflicts continue and wildlife is always the loser even on public lands is that sustainable? I don't see the wildlife populations in the Gore Valley as sustainable with the current level of development, recreational, and conflict pressure placed on wildlife. The species that are increasing generally have adapted to living next to people. These same species also generate extensive complaints from the public about human/wildlife conflicts or damage to property. Recreation is a driving economic force in Gore Valley and the surrounding communities. These recreational activities occur throughout the year and there is a push to increase recreational activities within the Gore Valley. As these demands for recreational opportunities continue to grow they result in higher impacts on natural resources, and potential increases in habitat fragmentation. Quality wildlife habitat includes food, water, shelter, space, and connectivity, which is critical to maintaining healthy wildlife populations. Large blocks of contiguous habitat are most likely to promote the long-term sustainability of a species. Habitat becomes fragmented as land use changes break the landscape into smaller more distinct "patches." These patches may not provide fundamental habitat requirements resulting in a diminished carrying capacity for the species across the landscape. Wildlife living within fragmented habitat is more vulnerable to stochastic population declines stemming from disease, increased rates of predation, or habitat loss or modifications. Most wildlife managers agree, with support from the scientific literature, that recreation has the potential to impact wildlife distribution and abundance (Goldstein et al 2010, Naylor et al. 2008, Keller and Bender 2007, Taylor and Knight 2003, Papouchis 2001, Joslin and Youmans 1999, Valdez and Krausman 1999). The "zone of influence" (ZOI) of recreational activities for wildlife may extend for some distance beyond the actual activity and will vary depending on habitat composition, topography, and a species' tolerance of human disturbance. I have attached an example of an analysis CPW did for the Town of Avon showing the impact from the development of a biking and hiking trail. Has you can see from Figure 1 the development of 3 trails in the Metcalf drainage results in the loss of the entire drainage as effective mule deer habitat with just a 100 meter buffer on the trails. When you look at Figure 3 & 4 for elk at 500 and 1500 meter buffers you see the impacted area is substantial. You could run a similar analysis on the trails within the Gore Valley. When you review the discussion on deer, elk and bighorn sheep populations in the Gore Valley there is nothing on the horizon that is going to allow us to significantly increase those populations. These populations have been in decline for at least the last decade and often longer. The ability to do large scale habitat improvement projects for big game is becoming increasingly difficult. Part of the issue is often the best habitat project is a controlled burn. As the residents in East Vail showed in the mid 15 September 19, 2017 - Page 94 c 1990's they have no stomach to have a controlled burn done behind their homes. The project to improve and increase the winter range for bighorn sheep was killed because they were unwilling to consider a controlled burn no matter how many fire trucks were available to protect their property in the event of the fire coming down hill. The demand within the Gore Valley for federal lands is overwhelming, whether it is to acquire them for employee housing, develop recreational trails in every drainage, add new commercial recreational events or to develop a four season resort with every type of recreational activity imaginable. All these uses impact wildlife and there is very little thought on how it will impact the available wildlife habitat or wildlife populations. The desire to manipulate the natural conditions in order to extend the ski and rafting season has a significant impact on wildlife. As we discussed in the Avon analysis, stress and behavioral changes are often not considered when looking at wildlife impacts. Just having habitat is not enough the habitat must be available and useable for wildlife. With the continual decline in most big game species within the Gore Valley over the last 36 years there is little reason to assume that this pattern will change to the point where you would consider these population to be sustainable and/or robust in perpetuity. If you need anything else please feel free to let me know. Sincerely, Bill Andree District Wildlife Manager - Vail 16 September 19, 2017 - Page 95 c ******************************** VHA Photographic Study: Upland Wetlands, Geologic Hazards and Wildlife Upland Wetlands 17 September 19, 2017 - Page 96 c 18 September 19, 2017 - Page 97 c 19 September 19, 2017 - Page 98 c Rockfall and Avalanch: 20 September 19, 2017 - Page 99 c Wildlife: 21 September 19, 2017 - Page 100 22 September 19, 2017 - Page 101 f ' a mlb # * w* ' 4�# • ▪ It L4-1,1%14,60 1.-- • . -1.41— 'L S� • . 14'4 Y t 41, 23 September 19, 2017 - Page 102 From: Bob Boselli To: Chris Neubecker; George Ruther Subject: Vail Resort Rezoning in East Vail Date: Tuesday, September 5, 2017 10:27:52 AM Dear Chris and George: Please consider this my support to Vail's Planning and Environmental Commission and the Vail Town Council of Vail Resorts' request to rezone the parcel it owns from Residential to Housing in East Vail. As a 25 year business owner in Vail, I want to express my support for employee housing - we are in a zero occupancy rate for rental workforce housing in Eagle County— crisis. This opportunity is thanks to Vail Resorts for stepping up, not selling or developing a piece of property it owns for free-market profit, but rezoning it for workforce housing. This property is the perfect location — in Vail, on TOV bus route, limiting employee parking needs, etc... This is not open space as some loud opponents claim. It's simply undeveloped. On top of the incremental housing, this potential project would add about 17 acres of Natural Area Preservation District zoned open. Having operated businesses in Aspen for 25 years I've seen the City of Aspen and local businesses work together to ensure low income housing options — we've utilized these properties for our employee base for years. Let's think progressively and ensure a sustainable community — from protecting the environment, to providing world-class skiing, to ensuring premier public transit, to providing our workforce with nearby, safe, comfortable housing. We are one! Sincerely, Bob Boselli - Owner O'Bos Enterprises, LLC Vail Style Covered Bridge Store Vail T-shirt Company — Lionshead Vail T-shirt Company - Sonnenalp Generation Vail 970-926-9300 x2 970-977-0158 cell September 19, 2017 - Page 103 From: Suzanne Silverthorn To: "ALAN DANSON" Subject: RE: My request Date: Thursday, August 17, 2017 8:49:28 AM Thanks Alan. You're right about the notification impact. It will be sent to Pitkin Creek and a handful of properties on Bighorn Road. We're working on getting the application uploaded to our website. I'll send you a link when it's ready and will be in touch with the other follow up items you've suggested. Suzanne Original Message From: ALAN DANSON [mailto:adanson@me.com] Sent: Thursday, August 17, 2017 8:44 AM To: Suzanne Silverthorn Subject: My request Suzanne, I appreciate your willingness to discuss with your colleagues my request that we replicate the Town's "neighborhood picnic" invitation procedure to alert all residents in the 13th filing and East Vail to the September 11 PEC meeting by placing a -frame signs at strategic street corners/intersections. As you consider the request, I think it is relevant to note that there are VERY FEW "adjacent property owners" who will be officially notified on August 24, while there are VERY MANY property owners who will be affected by the proposed project. I think it is in the Town's best interests to work to avoid giving people the sense that this is a railroad job, with the PEC meeting "strategically" scheduled for the off-season. Anyone reading the Vail Daily article must conclude that there has been work going on behind the scenes for some time, and that the "skids have been greased". George Ruther's quote in the article that the Town will do what it can to speed the process along, does not inspire confidence in the fairness of the process. You work hard — and do an excellent job -- providing transparency for and inspiring confidence in Town government, and I know you do not want to see public confidence in Town government diminish just as a new Town manager starts his tenure. I'd be happy to communicate my request directly to the Council members via a group email if you feel that will help. Thank you again. Alan September 19, 2017 - Page 104 From: Mike Griffin To: Council Dist List; Chris Neubecker; George Ruther Subject: Fwd: East Vail Land Date: Monday, September 11, 2017 10:56:20 AM From info@vailgov.com. Begin forwarded message: From: <info@vailgov.com> Date: September 11, 2017 at 10:18:36 AM MDT To: <info@vailgov.com> Subject: East Vail Land Reply -To: <adonilon@gmail.com> Hello, As a town of Vail resident, I would like to voice my support for the rezoning of the East Vail parcel as proposed by Vail Resorts. I believe that dividing the land is a reasonable compromise and keeps a large portion of the land preserved. Furthermore, the town is in desperate need of additional affordable housing to ensure the long-term vitality of the community. Thank you, Andrew Donilon Submitted By: Name:: Andrew Donilon Telephone:: 401-741-4787 Email:: adonilon@gmail.com Submitted From: http://www.vailgov.com/contact September 19, 2017 - Page 105 Sept. 13, 2017 Dear Town Council, Commissioners of the PEC, Town Staff: A 22 -year resident of East Vail, now since 2013 residing in West Vail, I became an active advocate for workforce housing in the early 90's while working inside for the Vail Ski School & witnessing the distress of so many fellow employees unable to find affordable housing. Year after year community surveys confirmed the majority of residents agreed, workforce housing being cited as the #1 need for several years, then always near the top of the list. Small scale solutions advanced, Vail Commons, ERWSD duplexes, VRI was convinced to replace its Gondola EHU's with a new building, and finally Middle Creek was built on the north side of the Village round -about. The Town also replaced some dilapidated Timber Ridge buildings. But the disparity between affordable units and employees in need of them grew. At last now Vail Resorts has announced a major workforce housing initiative on a large parcel north of the East Vail 1-70 exit. VRI Executive V.P.Chris Jarnot stated at the Sept. 11th Vail PEC meeting that the corporation is now prepared to devote its "capital, land, and commitments" to developing workforce housing units. Under other circumstances, this long-time advocate of employee housing, would be jumping with joy. Instead given the site I am ardently opposed to it. The project would be an unmitigated disaster to the remaining wildlife in the Vail Valley. If it goes forward there, it would make a joke of Vail's and VRI's vaunted goals of Sustainability. As a site visit with the PEC demonstrated, it is an important summer as well as winter range for deer and perhaps elk. But it is particularly important to two iconic species, Bighorn Sheep and Vail Valley's most reliable Peregrine pair. The wildlife consultant surveying these impacts, mis-states some facts and glosses over many others stating that the affected species will adapt. I believe they will not and some local wildlife professionals, constrained from public comment at this time by agency protocols, agree with me. Earlier reports for the Town of Vail's Sustainability Commission and Open Lands & Trails Scoping Process state their concerns about further human disturbance within their proximity & reductions in habitat. East Vail, whose original name ironically was Bighorn, is home to a Bighorn herd of 40, but in the '90's it was 80- 100. A hard winter in 2007-08 decimated the herd and it has never recovered. Now VRI's housing development proposes to utilize 5.4 acres of the Bighorn habitat, the most sheltered, less steep section, for employee housing. Bighorn are notoriously subject to disease when their habitat is reduced, thus the project here seriously threatens herd viability. The Peregrine pair nests each year on a ledge on the steep cliff above the Vail Memorial Park and directly across from the proposed housing development. Recently back from the "endangered" list, but still a "species of interest" to USFS & CPW, they have successfully raised & fledged 2-4 young each year at least since 2010 when I began observing them. Without fail they fly the 2nd to 3rd week of July, not June, rewarding to follow. CPW recommends a half mile buffer from the nest site for further human disturbance. The proposed development is well within that, as well as the winter range buffer for Bighorn. Faced with this dilemma, this Sophie's choice of wildlife preservation or badly needed workforce housing, what are we to do? Vail resident Alan Danson has proposed an intriguing solution. At the Sept. September 19, 2017 - Page 106 11th zoning hearing before PEC, he urged the Town to offer the resort company as much density as they might wish, but in exchange to swap the East Vail parcel for city -owned property along No. Frontage Rd. across from Vail Village and west of Middle Creek. This was greeted with enthusiastic applause by the majority of those attending the packed hearing. I believe this solution merits serious examination and urge the Town & resort company to embrace it. It is a win-win for all parties, the Town, VRI, residents, employees, and certainly for our already stressed wildlife populations. The alternative gains us a decrease or even loss of Bighorn, Peregrine, elk, and deer but, no doubt, an increase in bear and lion and moose in residential areas. The swap, however, would generate good feeling toward Vail Resorts, harmony among residents, and benefits also the guest experience. Respectfully, Anne Esson Cc: Suzanne Silverthorne Editor Kristol Driscol, Vail Daily September 19, 2017 - Page 107 From: Mary Lou and Bob Armour To: George Ruther Cc: cneubeckerCclvilaov.com Subject: Letter to PEC Date: Sunday, September 10, 2017 5:24:04 PM Chairman Rediker and fellow Board members, I'm unable to attend the September 11, PEC meeting but would like to have some input. I understand that the VR property is 23 acres and zoned P -S, all of which could be developed. The property is already zoned for Residential development. The question is, should it be free market residential development or deed restricted residential development? The applicant, VR, is requesting to rezone the parcel placing 75 percent into the NAPD and 25 percent into the Housing Zone District. I fully support the requested rezone and hope, by using the review criteria, you will recommend approval to the Town Council. Deed Restricted Employee housing and Designated Open Space sounds like a win-win to me. Thanks for what you do. Regards, Bob Armour September 19, 2017 - Page 108 From: Brian Nolan To: Council Dist List Subject: housing Date: Monday, September 4, 2017 11:36:20 AM FYI - sent to your planning guys and the Daily Let me know how i can help As a longtime business owner in Vail, and the entire valley, I have actively served for many years on the Vail Economic Advisory Council, was involved on a leadership level for almost two decades with the Vail Valley Partnership and numerous other representative boards for the betterment of our world-class resort community. For so many years, we have found ourselves in a severe housing crunch, which has become even more sever in the recent years largely due to the impacts of rent -by -owner dynamics. I applaud any and all of the past efforts and more this current Planning and Environmental Commission and Vail Town Council for prioritizing delivering new affordable housing, both for -sale and rental. Now before you is an incredible opportunity brought to you by our biggest employer in town, Vail Resorts. This opportunity will not only benefit their employees but all of us with small businesses. I have to say, I am absolutely shocked, shocked, that we have a few individuals who have weighed in with considerable misinformation to help bolster their desire to see no more workforce housing in one area or another within the Town of Vail limits. Our employees who work early hours and hard shifts to run your lifts, clear the snow from our roads and serve you pizza should absolutely be living on a bus stop route, served by the incredible Town of Vail transit system, close to their work places, enjoying the quality of life that their neighbors do. For fear -mongering opposition to claim this East Vail parcel is open space is not true — it is just undeveloped. In addition to Vail Resorts bringing on housing, they also have prioritized enhancing wildlife with putting the bulk of the property into very restrictive, non -developable zoning. The entire some 23 acres has residential zoning already on it. And in taking the time to do just a little bit of homework, this is not a north/south wildlife migration corridor and there is no habitat designated as a migration corridor within several miles of the parcel. Wildlife do not migrate north/south across 1-70. So, please let's not waste time. Please approve the rezoning and then we can all get to work on designing the right project for this location, benefiting our entire community. Thank you for your thoughtful review, Brian Nolan Brian Nolan GROUP970 1 FOOD.DRINK.ADVENTURE. Blue Moose Vail I Blue Moose Beaver Creek Brian Nolan GROUP970 1 FOOD.DRINK.ADVENTURE. Blue Moose Vail 1 Blue Moose Beaver Creek September 19, 2017 - Page 109 From: CommDev To: Chris Neubecker Subject: FW: In support of VR"s East Vail project Date: Monday, September 11, 2017 9:17:34 AM Original Message From: Brice May [mailto:BWMay@vailresorts.com] Sent: Sunday, September 10, 2017 10:07 AM To: CommDev; Council Dist List Subject: In support of VR's East Vail project I am writing this letter in support for Vail Resorts and their efforts to develop employee housing in East Vail. I have been fortunate to have lived in East Vail and to have worked with the Vail Ski Patrol for the last 30+ years. As a young ski patroller I chose to live in East Vail because it was close to work, on the bus route, and affordable. Rents were cheap and there were plenty of options. It was also a true buyers market where a young local could manage a down payment. However times of changed, real estate has boomed time and time again and such opportunities don't exist for our new employees trying to live in the town where they work. Over and over I hear from our staff how difficult it is to make ends meet and, sadly, many give up and move on. Somehow we accept this - that our employees can't afford to live here - but then we wonder why we have trouble filling our staffing both in town and on the mountain. I have been following the arguments concerning the pros and cons of rezoning the 23 acres that Vail Resorts' owns in East Vail from duplex development to employee housing and, quite frankly, am surprised by the opposition to this rare opportunity. Here we have been given a chance to really make a difference to our local employee yet we argue that this is not the right property, or we don't want it in our backyard, or that it is a transportation issue. Such arguments forget that we are the ones who reap the benefits of having a truly local work force, one that can easily utilize a great transportation system and get to work easily, pay affordable rent, and contribute to making both our town and our mountain a great experience for all. Vail Resorts has committed themselves to help address the housing issue in Eagle County and this first step in rezoning property they own, plus commit to a master lease of some of the units to ensure affordable rents for our employees, is a powerful statement to this cause. I think it is the right project, in the right place, and at the right time. We have a great solution in front of us, let's move forward and get this thing started! Brice May Vail Ski Patrol East Vail resident. The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. September 19, 2017 - Page 110 d VCBA The Vail Chamber 8 Business Association 241 South Frontage Road East, Suite 2 Vail, Colorado, 81657 970-477-0075 www.vailchamber.org September 8, 2017 Town of Vail Planning and Environmental Commission 75 S. Frontage Road Vail, CO 81657 Dear PEC Members: Members of the Vail Chamber and Business Association board of directors recently spoke with representatives from Vail Resorts regarding the proposal to create workforce housing on their East Vail parcel. We are writing to voice our support for this project for the following reasons: 1. We are in favor of the intent to provide deed -restricted, workforce housing units given their location in Vail Village on the in -town bus route, and the fact that they will not only house VR employees but some units will be made available to other small businesses in Vail to rent or buy units for their employees. 2. The property being on such a convenient bus route will help minimize employee cars in both summer and winter in our already busy parking structures. 3. 75 % of the property will have no development, only 25% will be rezoned for deed -restricted, workforce housing. This allows a more than ample wildlife corridor for the resident Bighorn Sheep population. 4. Vail Resorts has begun to really make good on their promises to provide solutions to the local workforce housing crunch. This potential project could help make a real dent in the local workforce housing crisis. 5. Vail Resorts has sought out local community partners to help find solutions for this significant problem. We receive calls daily at the VCBA from Vail business owners and potential employees explaining the difficulties of finding and retaining workforce housing. Having a potential property like this in the Town of Vail is exciting and very much needed, to say the least. On behalf of our board of directors, I urge you to consider the public benefits of this project as it moves through the town of Vail approval process. A timely yes vote on rezoning of this property will ensure that efforts to address the workforce housing crisis in Vail continue to move forward. Respectfully, Alison Wadey Executive Director Vail Chamber and Business Association September 19, 2017 - Page 111 From: CCC To: Council Dist List Subject: East Vail Rezoning Proposal Date: Friday, September 8, 2017 11:52:12 AM Dear Council Members, I am against the rezoning of the East Vail parcel as proposed by Vail Resorts. I often see deer, elk, coyotes, and foxes along that slope, or hiding in the wooded area at the eastern gully; as well as the foraging bighorn sheep in the late winter and early spring. Density of housing will compromise the habitat for these animals that I like to point out to guests to Vail as we ride the East Vail bus together. They are always so amazed and delighted to see wildlife right in Vail. Certainly Vail Resorts is clever enough to incorporate employee housing in its planned developments, and not ruin rare open space nor further burden transit systems. I regret that I cannot attend the meeting on September 11, so please add my comments in this letter to the record. Sincerely, Charlyn Canada 2940 Manns Ranch Road Vail, Co Sent from my iPhone September 19, 2017 - Page 112 Sept. 10, 2017 Dear Vail Town Council and Planning and Environmental Commission: I am the General Manager of TWO ELK on Vail Mountain, and I have been here for just over 20 years. For the past six years, I have traveled throughout the summer (domestically) looking for quality, like- minded people to fill roles that we have within Vail Mountain Dining. One of the first questions asked is, "do you have housing?" Approximately 40% of the people that I offer jobs to eventually decline (prior to season) due to the lack of our own housing, or the lack of affordable, lease friendly housing within the valley. Good and Bad: Because we do have some housing, we are able to offer a few candidates affordable employee housing for a season, or two at the most. Over that time, people are able to learn a trade, hone their skills, and build relationships within the community. Unfortunately, when these people can no longer obtain employee housing, ...MANY, if not most of them, need to move elsewhere in order to be able to afford to live. They get their job training and work experience from Vail,.. and then move on to more affordable locations. In many cases, we feel that Vail is a "Stepping Stone" rather than a "Destination" for our employee work force. The Town of Vail and Vail Resorts are working hard to make Vail a Destination Community. Please don't let the voices of those who were able to "get in" and now don't want anyone else to. I'm proud of our employees at TWO ELK — they provide great service to our locals and our guests. Please approve the rezoning request of the East Vail parcel before you for much needed employee housing. Thank you, Doug Wooldridge September 19, 2017 - Page 113 From: Robert Lipnick To: kdriscoll(availdaily.com; CommDev; Council Dist List; Scott Miller Cc: Michael Hazard Subject: Envisioning a Sustainable Community Date: Thursday, September 7, 2017 3:25:11 PM Most of us first came to the Vail Valley because of the world famous ski mountain and started with a seasonal first job and a dream. We then fell in love with this community often making Vail home. However, many were unable to remain in this very special Valley due to the cost of housing. Lack of workforce housing has been a major issue the past 30 years, but has risen to a crisis level since 2015. Many employers have been unable to recruit and retain employees and now risk losing their businesses. The Town of Vail has made workforce housing a very high priority in their most recent Master Plan. Vail Resorts has recently proposed to rezone a 23 acre property they own in East Vail for 17.6 acres of preserved "open space" and 5.4 acres of primarily workforce housing. The fact that Vail Resorts is offering approximately 3/4 of their land to conservation and 1/4 to primarily workforce is in total alignment with Vail's Master Plan. Vail Resorts must be commended for their generosity and commitment to a sustainable community. Additionally, this offer by vail Resorts is consistent with Vail's Sustainable Destination principles. This is a win-win opportunity for all: a private piece of land that already has zoning for residential development on a bus route. Vail Resorts is leading the way to a more sustainable community by providing their land for new workforce housing units. Michael Hazard and Bobby Lipnick recently co-chaired the NIMBY (Not In My Back Yard) Jamboree conference co-sponsored by the Vail Symposium and the Vail Valley Partnership. One of the main goals of that program was to discuss possible solutions for Workforce Housing in our Valley and to begin the process of opening our minds to YIMBY(Yes In My Back Yard) rather than NIMBY. Those of you who understand the critical need for new Workforce Housing solutions in our Valley can no longer remain silent! Please join us in support of Vail Resort's creative solution to Workforce Housing Crisis by attending the Planning and Environmental Council hearing this Monday September 1 lth at 1:OOPM at the municipal building at the Town of Vail. Bobby Lipnick, M.D., MBA, LEED AP Michael Hazard, AIA Robert N. Lipnick, M.D., MBA, LEED AP Kogod School of Business Adjunct Faculty 202-223-1080 ext.105 September 19, 2017 - Page 114 From: Joyce Green To: Council Dist List; CommDev Subject: proposed re -zoning Date: Monday, September 4, 2017 4:22:16 AM Town of Vail planning commission & town council, I am a second -homeowner who owns a rental unit at Pitkin Creek Park in East Vail. I rent this unit on a long-term basis as I understand the importance of providing housing for year-round locals who make the economy work in Vail. I am writing today regarding the proposed re- zoning of the Vail Resorts owned parcel in East Vail. I believe this proposed re -zoning is a win-win for all concerned. It is a private piece of land that is already zoned residential, and is located on the bus route. This is an ideal location for workforce housing rental units - as good as any remaining in Vail for housing as best I can tell — it won't block anyone's view, it is easily accessible right off the exit and has an existing bus stop right in front of it. Based on what I have been able to find online, 75 percent of the property will have no development while 25 percent rezoned exclusively for much needed deed -restricted, workforce housing. I also want to address the Vail Homeowners Association and other opposition to the rezoning of this private parcel. The opposition is the very definition of NIMBYism. Calling a future yet to -be -determined workforce housing development the "ghetto" that will lead to "youthful activity" and suggesting that "workforce housing needs to be down valley" is not the belief of all second homeowners. I encourage you to vote "yes" on the proposed rezoning, and to carefully consider any future development plans for the parcel. Sincerely, Joyce Green Pitkin Creek Park 6-A September 19, 2017 - Page 115 From: Patricia Langmaid To: Council Dist List Cc: Alan Danson; CuIo Ginnv; CHARLYN Subject: Rezoning in East Vail Date: Friday, September 8, 2017 11:11:46 AM Dear Council Members, We want to go on the record as opposing the rezoning of the East Vail parcel from Open Space to Housing. We support all the excellent points made by Alan Danson against rezoning the East Vail parcel. We strongly oppose disturbing the winter range of the Big Horn sheep. All of us are uniquely fortunate to have them in the valley. Charlie and Patti Langmaid 2940 Manns Ranch Rd Vail Sent from my iPad September 19, 2017 - Page 116 Dear Vail Planning and Environmental Commission and the Vail Town Council, Please consider this letter as one of support for Vail Resorts' application to rezone a piece of property it owns in East Vail in order to develop affordable housing, as well as ensure open space. Over the last six years, this valley has become a special place to me. Not only have I learned how truly unique it is to have your backyard be the Gore Range and Vail Mountain but I also met the love of my life, created amazing friendships, have grown as an individual and found my life's work as a member of the Vail Ski Patrol. My job entails many early mornings followed by long days, filled with assisting injured guests and locals, keeping the slopes safe, distributing pertinent information about conditions and mitigating avalanche danger to allow Vail Mountain to be open safely each day to every one of you. In addition, the Vail Ski Patrol gives back to the community through active participation in Pink Vail and Vail Valley Charitable Fund events, Food Rescue Express and advocating for our natural land and resources. To both work and live in Vail is a dream that not many of us can realistically obtain. Housing is expensive and hard to come by. This housing project in East Vail would be incredibly beneficial to me, my fellow patrolmen and others in this community who work hard each day to make our small community a better place. Please rezone this land so that our community and the Vail Valley can continue to prosper and attract more individuals who care, are passionate and want to contribute to this wonderful community while enjoying the outdoors. Thank you, Lauren Phillips Vail Ski Patrol September 19, 2017 - Page 117 SOLARIS September 8, 2017 Dear Members of Vail Town Council and Planning and Environmental Commission: Please consider this a letter of support for the Vail Resorts rezoning application that would allow an affordable housing community complex on land it owns in East Vail. As Vail residents and Vail business owners, we have been long supporters of delivering incremental workforce housing to the Town of Vail. We applaud the Town's efforts to work toward a more sustainable community by prioritizing bringing on line a variety of housing types. And we further applaud our community's largest employer in wanting to add to their current inventory beds across Eagle County by rezoning property it owns in East Vail that could be developed today under Two Family Residential Zone District. We are in a housing crisis and when there is such great need, it's time for our elected leaders to be bold and visionary. This is an opportunity to partner with the private sector (Vail Resorts) and applaud their efforts to bring both housing on line for themselves as well as other local businesses - and protect wildlife. Here are just a few of the attributes that we find compelling: • The un -platted VR parcel has been zoned since the early 1980s as Two Family Residential, one of the Town of Vail's duplex zone districts. • The proposal by Vail Resorts would split the single, un -platted parcel into two parcels. One, the larger of the two, would be rezoned to Natural Area Preservation District, the Town's most restrictive zone district. The intent would be to maintain this approximately 17 -acre parcel in its natural state. • About 24% of the total land area within the Town of Vail is zoned Natural Area Preservation District. Less than 1% of the land area is zoned Housing Zone District. • The western parcel, approximately six acres, would be rezoned to the Housing Zone District, the Town's zone district dedicated to deed -restricted, workforce housing development with a variety of other ancillary uses. The intent is to develop the property with some combination of seasonal and other workforce housing. • On an existing bus route; in fact, the bust stop is right there! • The assertion that the property is "the last wildlife habitat in the Town of Vail." Not true. In the Booth Falls and Bald Mountain Road neighborhood there is over 120 acres of Town of Vail owned, Natural Area Preservation District zoned open space within Town of Vail boundaries. This proposal would add approximately 17 acres of NAP zoned land as open space - 17 acres of privately -owned land that is currently zoned for residential development. SOLARIS REDEVELOPMENT CO. 1 141 E MEADOW DRIVE 1 STE 211 1 VAIL, CO 1 816557 September 19, 2017 - Page 118 SOLARIS • The assertion that this is "open space land." Not true. The property is zoned Two -Family Residential (R), which would allow for duplex development. It has been zoned that way since the 1970s. It was identified incorrectly by the 1994 Open Lands Plan (a document by the Town of Vail and not by VR) as being owned by CDOT, and was noted as a site for the Town of Vail to acquire for open space use or trade. The site is zoned for residential development. Again, our kudos to the Town Council and PEC for their immense progress on housing over the past few years. Let's add this to the list - if not here, where? If not now, when? Sincerely, .a:Zai/,6iL Gc9fZ42, Sharon Cohn President Solaris Redevelopment Co. 141 E Meadow Drive Suite 211 Vail CO 81657 C: 303-550-4551 sharon@solarivail.com SOLARIS REDEVELOPMENT CO. 1 141 E MEADOW DRIVE 1 STE 211 1 VAIL, CO 1 816557 September 19, 2017 - Page 119 From: Chris Walker To: George Ruther; Chris Neubecker Subject: Proposed East Vail Employee Housing Date: Friday, September 8, 2017 4:06:17 PM My name is Chris Walker and my husband and I have lived in East Vail since 1975. I consider my East Vail home special for so many reasons. The outdoor beauty, our proximity to work, our hiking trails and our neighborhood park, all of these amenities make it a great place to live. I chose to work in the ski industry that largely supports the Vail economy and have been employed by Vail Resorts for 30 years. I am proud of my colleagues who work so hard to help us claim the premier mountain resort world status. My colleagues, current and future, as well as many others throughout the Vail business community desperately need affordable housing. The East Vail parcel that Vail Resorts owns is ideal — it has zoning on it, it is on the short bus route to Vail, it is close to Craig's Market, it has walking distance to hiking and biking distance to biking. We are in a housing crisis and we need more workers who would benefit by living closer to their employment. I fully support the proposed East Vail Employee Housing project. Chris Walker East Vail The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. September 19, 2017 - Page 120 From: Seth Ehrlich To: Council Dist List Subject: Support for East Vail Rezoning Date: Tuesday, September 5, 2017 4:49:23 PM Attachments: image005.jpq image006.joq Town of Vail Town Council, As the debate continues regarding the East Vail parcel, I'd like to add my support for the rezoning for your consideration. The rezoning extends the opportunity for the Town of Vail to be a leader in identifying creative solutions and effectively engaging with partners to address the most significant challenge facing our community. The availability of workforce housing has reached a tipping point where the amenities and allure of our community can no longer overcome the shortage and cost of housing. This is particularly true when recruiting for entry to mid-level positions in the valley. I've personally seen the reduction of applicants for positions based on the challenges that exists to find housing. I've also had existing coworkers who are dedicated to being here see their housing security reduced based on the change from their housing to short-term rentals in the past year or significant increases in their renewal rates. As a result, they are questioning their ability to stay in the community. These are individuals who provide the level of service that people expect in the Vail Valley and that make our region what it is. If they move on, who will fill these roles? It is through dedicated, deed -restricted, workforce housing that our entire community benefits. There is greater sustainability of housing and the opportunity for individuals to not only survive but to thrive in the valley. My wife and I are examples of people who benefited through a project like being proposed by securing a house in Miller Ranch eight years ago. We say to our friends that we won the lottery when we were provided the opportunity to purchase our home. It is singlehandedly the opportunity that has made it possible for me to remain in the community and to fully engage. I have had the opportunity to raise two kids and will be able to continue to give back across the community. You have the potential to create a similar development that will strengthen the fabric of our community and promote what we need to be successful. I am frustrated by the challenges that exist to creating real solutions to the issues that are being faced. We're a community that wants it all, and the reality is that we need to approach it with different thinking to achieve it. You're doing it by considering this rezoning opportunity. Please move forward with its approval. Thank you for your time. Seth 63 Seth Ehrlich / Executive Director PO Box 2020 / Avon, CO 81620 direct 970.926.9292 x 102 sosoutreach.orq follow us @sosoutreach 412.953.9622 970.306.0269 September 19, 2017 - Page 121 As a Vail Homeowner who originally came to Vail and lived in the Apollo Park employee housing project I fully endorse Vail Resorts proposal to build a new employee housing project on the parcel of land the company owns located near the 1-70 East Vail exit on the North Frontage Road. I can't envision a more perfect location for a new housing project since it is located on an isolated parcel near a bus stop that does not affect views of an existing neighborhood. Misinformation has been circulated that states this parcel of land is the last remaining wildlife corridor. Really? The proposed parcel borders both the two- lane North Frontage Road and four -lane 1-70. I highly doubt this is an ideal wildlife corridor. Providing affordable housing, in the upper valley, for individuals who work in our community should be a high priority for all of us who live in Vail. If you are retired or a second homeowner thus out of the employment market please think about all the "employees" you encounter on a daily basis. Imagine how much your quality of life and property values would be negatively affected if there were no employees? "Employee" is not a 4 -letter word. Instead it is a label for our friends and neighbors who live and work alongside the majority of us. I hope there are many more affordable housing projects built, like Apollo Park and Pitkin Creek Park, that allow individuals, like me 40 years ago, to enter the Vail job market and become future friends and neighbors. Susie Tjossem 1630 Buffehr Creek Road Vail September 19, 2017 - Page 122 VAIL RESORTS EASTVAILWORKFORCE HOUSING PARCEL Planning and Environmental Commission September 11, 2017 Ic1 Mauriello Planning Group September 19, 2017 - Page 123 of 360 VAIL RESORTS® EXPERIENCE OFALIFETIME AGENDA Introduction to the Project Team Overview of the Proposal Vail Resort's Commitment to Employee Housing Process for Project Location and Property Information Existing Zoning: Two -Family Residential Proposed Zoning: Housing and Natural Area Preservation Workforce Housing Need Environmental Characteristics Criteria for Review Conclusions September 19, 2017 - Page 124 of 360 PROJECTTEAM CHRIS JARNOT EVP, Mountain Division KEVIN HOPKINS Senior Finance Manager, Vail Resorts Development Company DOUG LOVELL VP & COO, Vail Mountain September 19, 2017 - Page 125 of 360 DOMINIC MAURIELLO Principal, Mauriello Planning Group KRISTIN KEN N EY WILLIAMS VP, Mountain Community Affairs RICK THOMPSON Wildlife Biologist, Western Ecosystems, Inc. MATTJONES VP, Human Resources Colorado, Urban Resorts & Employee Housing JULIA FRAZIER Senior Geologist, Cesare 3 COMMUNITY SUSTAI NABI LITY Vail Resorts' First Chair Employee Housing located in Lionshead September 19, 2017 - Page 126 of 360 In 2015, recognizing a housing crisis across our mountain resort communities, Vail Resorts, Inc. announced a commitment to spark partnerships to develop new employee housing VR currently owns or leases about 1,500 beds in Eagle County Willing to use own land, capital, or commitments to long-term lease guarantees to bring new employee housing projects to fruition 4