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HomeMy WebLinkAbout2021-06-25 Agenda and Supporting Documentation Vail Open Space Board of Trustees Meeting VAIL O P E N S PAC E B O AR D O F TR U ST E E S MEET IN G Agenda Virtual Meeting 1:30 P M, June 25, 2021 Virtual Meeting Link: https://us02web.zoom.us/webinar/register/W N_8xy9C ApxRvuJmdwvwsLRzg Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time the Board will consider an item. Public comment on any agenda item may be solicited by the Open Space Board of Trustees. 1.Call to Order 2.Site Visits 2.1.Site Visit to 3940 Booth Falls Court, Vail, C O 81657 25 min. 2.2.Site Visit to Parcel Number 210106300002, Potato Patch with no physical address. 25 min. 3.Consent Agenda 3.1.J anuary 15, 2021 Meeting Minutes 4.Presentation / Discussion 4.1.Discussion of proposal for Donation of Real Property - Booth Falls 15 min Kristen Bertuglia, environmental sustainability director The owner of the property at 3094 Booth Falls Ct. is interested in donating this parcel to the Town of Vail for the purposes of open space and wildlife habitat upon an acceptable appraisal. Staff recommends the Open Space Board of Trustees find that the parcel is appropriate and meets the criteria to forward a recommendation to the Vail Town Council to rezone it as Natural Area Preservation and then designate, by Resolution, the property as Designated Open Space. 4.2.Discussion of proposal for Donation of Real Property - Potato Patch 15 mins Kristen Bertuglia, environmental sustainability director Staff requests the Open Space Board of Trustees consider the terms of donation of the owners, and appropriateness of the parcel for the designation of Open Space. The Potato Patch Group, L L C, is interested in donating their property to the Town of Vail for the purposes of Open Space. This parcel is included in the Open Lands Plan, Action I tem #11. 5.Any Other Matters Before the Board 6.Adjournment June 25, 2021 - Page 1 of 18 6.1.Adjournment 2:30 pm (estimate) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media website the week following meeting day, www.highfivemedia.org. Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48 hour notification dial 711. June 25, 2021 - Page 2 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO June 25, 2021 - Page 3 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO June 25, 2021 - Page 4 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO AT TAC H ME N TS: Description Meeting Minutes June 25, 2021 - Page 5 of 18 Open Space Board of Trustees Meeting Minutes of January 15, 2021 Page 1 Vail Open Space Board of Trustees Meeting Minutes Friday, January 15, 2021 1:30 P.M. Virtual Meeting The regular meeting of the Vail Open Space Board of Trustees was called to order at approximately 1:30 P.M. Members present: Scott Robson, Town Manager Kim Langmaid, Mayor Pro Tem Ludwig Kurz Staff members present: Matt Gennett, Director of Community Development Kristen Bertuglia, Director of Environmental Sustainability Matt Mire, Town Attorney Patty McKenny, Assistant Town Manager Stephanie Bibbens, Deputy Town Clerk 1. Board to Elect Chair Robson made a motion to elect Langmaid as Vail Open Space Board of Trustees Chair, 2nd by Kurtz, motioned approved (3-0). 2. Call to Order 3. Presentation / Discussion 3.1. Designation of East Vail Parcel 2101-123-00-006 Presenter(s): Kristen Bertuglia, Director of Environmental Sustainability Background: Via Resolution No. 47, Series of 2019, The Vail Town Council accepted the donation of Real Property in East Vail from the owner, Cara Barer (formerly Cara Beutel), under the condition that the property meet the appraisal requirements of the owner and be designated as open space once title had transferred to the Town of Vail. The title has now been transferred and the conditions met for Designated Open Space. Bertuglia reported that all terms were met and the parcel of land met the criteria for the Town of Vail Open Space would like the board to recommend to the Vail Town Council that parcel 2101-123-00-006 be designated by ordinance as Open Space. Langmaid made a motion to make an official recommendation to the Vail Town Council to designate the parcel of land as Open Space by Ordinance, 2nd by Kurtz, approved (3-0). 3.2 Informal Discussion of Additional and or Expanded Criteria for Designated Open Space June 25, 2021 - Page 6 of 18 Open Space Board of Trustees Meeting Minutes of January 15, 2021 Page 2 Presenter(s): Kristen Bertuglia, Environmental Sustainability Director Background: The current Town of Vail Charter sets forth the following criteria for designated open space: a property must be owned by the Town of Vail and zoned natural area preservation, outdoor recreation, or agriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the division of wildlife, or the natural heritage program). 2) High natural hazard areas including the 100-year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Town of Vail parks that provide passive outdoor recreation opportunities Robson brought up the topic of what the criteria for designating open space currently is and asked to look at the criteria more closely to see if there might be an opportunity to change the definition or expand the criteria to encompass current difficulties facing wildlife and the public today. Langmaid suggested hiring a neutral outside party, like Colorado Mountain Heritage Program, with the excess RETT funds, to conduct a baseline study on habitat quality and species in the area. Bertuglia drafted a list for potential additional criteria and asked the board for their review and comments at the next Vail Open Space Board of Trustees meeting. Robson questioned the avenue of which to take to change the criteria from a legal standpoint. Mire responded that once the board agrees on the additions to the criteria, a Resolution would be drafted to help further interpret the Charter. Kurtz agreed with Langmaid to hire an outside party to conduct a baseline study and asked Bertuglia to put together a proposal on how much this type of study would cost. He asked that it present it to the Board of Trustees before committing to a study. Robson asked Gennett and Kurtz how these changes may impact PEC. Gennett responded that keeping PEC in the loop would appreciated. Kurtz responded that in the past PEC has been accused of neglecting the environmental and focusing more on the planning process. He shared that there has be discussion of their being a separate commission just for the environmental piece of the planning process. Kurtz stated he agreed with Gennett about keeping the PEC updated on the changes would be a good idea. Mire stated that the PEC is only able to enforce the code and the code is what will need to be updated. 4. Any Other Matters Before the Board June 25, 2021 - Page 7 of 18 Open Space Board of Trustees Meeting Minutes of January 15, 2021 Page 3 Board members discussed upcoming meetings and agreed that the second Friday of each month they would meet. Next meeting was scheduled for Friday, February 12th, 2021. Kurtz moved to adjourn the meeting. Robson second the motion, motion approved (3-0). Respectfully Submitted, Attest: __________________________________ Kimberly Langmaid, Mayor Pro-tem/Chair ___________________________________ Stephanie Bibbens, Deputy Town Clerk June 25, 2021 - Page 8 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO P RE S E NT E R(S ): K risten Bertuglia, environmental sustainability director B AC K G RO UND: The owner of the property at 3094 B ooth Falls Ct. is interested in donating this parcel to the Town of Vail for the purposes of open space and wildlife habitat upon an acceptable appraisal. S TAF F RE C O M M E ND AT IO N: Staff recommends the Open S pace Board of Trustees find that the parcel is appropriate and meets the criteria to forward a recommendation to the Vail Town Council to rezone it as Natural Area Preservation and then designate, by Resolution, the property as Designated Open Space. AT TAC H ME N TS: Description 3094 Booth Falls Ct. Memorandum 3094 Booth Falls Ct. Map June 25, 2021 - Page 9 of 18 To: Open Space Board of Trustees From: Environmental Sustainability Department Date: June 25, 2021 Subject: Proposal for Donation of Real Property, Booth Falls Ct. Parcel #2101-023-01-028 I. PURPOSE The purpose of this memorandum is to provide supporting information for the proposal of the owner to donate their property to the Town of Vail for the purposes of open space. II. BACKGROUND The owner, Peak Realty LLC (Richard Stammp), wishes to donate to the Town of Vail, a 0.6- acre parcel located on the east side of the Booth Falls neighborhood and is within the severe winter range for bighorn sheep. The owner upon determination that the appraised value of the property is sufficient, wishes to make the donation on the condition that the town designate this property as Designated Open Space. Property Details: • 3094 Booth Falls Court • Purchased for $27,000 over 25 years ago • The property is currently zoned Low-Density Multi-Family o The low density multiple-family district is intended to provide sites for single- family, two-family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per acre. o The following uses shall be permitted in the LDMF district: Employee housing units, multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings.Two-family residential dwellings. • The property does have a current access easement that transfers with the title. • The property is appropriate for, but does not yet meet the criteria for Designated Open Space, which is as follows: The parcel must be owned by the Town of Vail and zoned Natural Area Preservation, Outdoor Recreation or Agriculture Open Space and be: Environmentally Sensitive Lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife or the Natural Heritage Program; June 25, 2021 - Page 10 of 18 Town of Vail Page 2 High Hazards area including the 100 year flood plain, red avalanche hazards area, high rock fall hazard area and high debris flow hazard area; or Town of Vail parks that provide passive outdoor recreational opportunities. • Wildlife habitat: This parcel is located within the severe winter range habitat zone for bighorn sheep, as designated by Colorado Parks and Wildlife. Bighorn sheep utilize this area and the adjacent lands every year, late fall through late spring and early summer. The Town of Vail has been implementing habitat improvement in this area including shrub thinning and prescribed fire in order to improve the mountain shrub community forage for the bighorn herd. III. STAFF RECOMMENDATION Staff recommends the Open Space Board of Trustees find that this parcel meets the criteria to forward a recommendation to the Vail Town Council to rezone this property to Natural Area Preservation, and subsequently designate the property as Designated Open Space by resolution. IV. EXHIBITS A.) Area Map June 25, 2021 - Page 11 of 18 June 25, 2021 - Page 12 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO P RE S E NT E R(S ): K risten Bertuglia, environmental sustainability director AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Open S pace Board of Trustees consider the terms of donation of the owners, and appropriateness of the parcel for the designation of Open Space. B AC K G RO UND: The Potato P atch Group, L L C, is interested in donating their property to the Town of Vail for the purposes of Open S pace. This parcel is included in the Open L ands Plan, A ction I tem #11. AT TAC H ME N TS: Description Potato Patch Parcel Memorandum Potato Patch Parcel Map Potato Patch Parcel Property Description June 25, 2021 - Page 13 of 18 To: Open Space Board of Trustees From: Environmental Sustainability Department Date: June 25, 2021 Subject: Proposal for Donation of Real Property, Potato Patch Parcel #2101-063-00-002 I. PURPOSE The purpose of this memorandum is to provide supporting information for the proposal of the Potato Patch Group, LLC to donate their property to the Town of Vail for the purposes of open space. II. BACKGROUND The owners, Potato Patch Group LLC, wish to donate to the Town of Vail, a 1.35 acre parcel located near the Potato Patch Club and the Red Sandstone Elementary School. The owners upon determination that the appraised value of the property is sufficient, wish to make the donation on the condition that the town designate this property as Designated Open Space. Property Details: • Purchased for $875,000 in 2000 • The entire property is currently zoned Residential Cluster (potential development for up to 8 units) • Included in the Open Lands Plan: o ACTION ITEM #11 Purpose - Establish trail connection. Action – Obtain trail easement. Other Information – This 1.35- acre parcel is privately owned. The Town of Vail owns land on either side of this parcel. Easement on this parcel would provide trail design flexibility in responding to surrounding terrain. ’94 Action Plan - This parcel was Action Item #18 from the ’94 Plan. • The property is appropriate for, but does not yet meet the criteria for Designated Open Space, which is as follows: The parcel must be owned by the Town of Vail and zoned Natural Area Preservation, Outdoor Recreation or Agriculture Open Space and be: Environmentally Sensitive Lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife or the Natural Heritage Program; June 25, 2021 - Page 14 of 18 Town of Vail Page 2 High Hazards area including the 100 year flood plain, red avalanche hazards area, high rock fall hazard area and high debris flow hazard area; or Town of Vail parks that provide passive outdoor recreational opportunities. Additional Proposed Conditions of the Owners: 1) The property is maintained as open space for perpetuity and if this is violated the title to the property will be returned to the Potato Patch Group, LLC. 2) The town reimburses all legal fees and appraisal fees. 3) No trail may be constructed on this property. Should the town find it necessary to construct a trail, there shall be no trail constructed in an area within 100 ft to the east of the Potato Patch Club property line and keep that same area closed to public access. The Town will work with the owners and the Potato Patch Club on any future trail construction. III. ACTION REQUESTED Staff requests the Open Space Board of Trustees consider whether the terms proposed by the Potato Patch Group LLC are acceptable to the town and whether the parcel would be appropriate to forward a recommendation to the Vail Town Council for the designation of Open Space. IV. EXHIBITS A.) Area Map B.) Property Description June 25, 2021 - Page 15 of 18 June 25, 2021 - Page 16 of 18 June 25, 2021 - Page 17 of 18 VA I L O P E N S PA C E B O A R D O F T R US T E E S A G E ND A ME MO June 25, 2021 - Page 18 of 18