Thoughts: East Vail Workforce Housing
This is what systemic inequality and housing discrimination looks like.
This is what systemic inequality and housing discrimination looks like.
The Town of Vail is gearing up to leverage the full force of local government to systemically exclude and discriminate against a marginalized demographic – and they are going to use of millions of dollars of taxpayer money to do it.
On May 3rd, four Vail Town Council members (Foley, Langmaid, Mason, Staufer) are expected to vote to condemn 23 acres of private property owned by Vail Resorts in order to prevent the construction of affordable residential employee housing in East Vail. It would be disingenuous to say that this action is necessary to protect East Vail’s bighorn sheep herd. The sheep don’t consult plat maps, and they make no distinction between tourists, homeowners, and employees. The Town of Vail makes those distinctions – and the crisp clean lines they form are a textbook example of housing inequality.
Is this decision discriminatory?
Discrimination is defined as the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of income, race, age, or sex.
The underlying prejudice is the assumption that the human disturbance perpetrated by workforce housing residents demands extraordinary environmental intervention – while the same existing human disturbance perpetrated by current residents, visitors, and students does not warrant the same analysis or action. The actions of individuals in both groups are the same. The impacts of those individuals’ actions are the same. Yet the treatment of individuals differs based on the class they are associated with.
That is discrimination.
The vehicle of discrimination in this case is exclusionary zoning that keeps affordable housing out of neighborhoods through land use and building code requirements. It’s a legal practice that has been used for decades to keep lower-income people out of wealthy and middle-class neighborhoods. It harms lower-income people by denying them access to education and employment opportunities – and environmental protections – typically found in wealthier neighborhoods.
The most proximate and primary beneficiaries of the East Vail Affordable Housing Development will be predominately composed of individuals that have one or more of the characteristics that constitute a marginalized minority in the Vail Valley:
• Individuals earning less than 100% of the area median income
• Between 18-40 years old
• Hourly employees
• Persons of color
• Immigrant, temporary, or seasonal workers
• Employees of Vail Resorts
Condemnation, also called eminent domain or simply “a taking,” is the right of a government to seize private property for public use. A municipality typically condemns a piece of property because it is unsafe or hazardous. Denying access to housing to ‘undesirable’ populations by defining their neighborhood as hazardous is textbook redlining, a historical tool used by government and industry to systemically oppress and exclude certain groups. An easy exercise in understanding the motivations for and impacts of redlining can be seen by browsing through the original redlining maps and taking note of the reasons an area was determined to be hazardous. Redlined areas were almost universally comprised of “wage earners” and “laborers”. (Reference: Mapping Inequality by the University of Richmond)
Unequal Standards & Discriminatory Actions
All parties involved agree that the human disturbance-associated impacts on surrounding land is of “paramount concern”. Yet the actions of the Town of Vail to analyze or mitigate human impacts within the bighorn sheep severe winter range are not applied equally and consistently to the existing occupants and projects.
“Of paramount concern on this project is prohibiting all recreational use of Town of Vail (TOV) open space to the west, the East Vail parcel Natural Area Preservation Parcel to the east, a National Forest Service lands to the north, some of which are vital to the small bighorn sheep herd”. Environmental Impact Report - EVWHS Development Application (2019)
“A May 14, 2018 meeting was held between Vail Resorts and Colorado Parks and Wildlife representatives to discuss the East Vail Workforce Housing project, after the sheep winter range study (Thompson, 2018c) had ended. All biologists agreed that the issue of potential development on the 5.4-acre parcel related to sheep was not the loss of habitat on the parcel as much as the potential for impacts (i.e., displacement and reduced habitat effectiveness on nearby winter range) from East Vail parcel residents recreating in the high-quality sheep winter range below the Booth Creek cliffs and in the NAP area where winter range enhancement is expected.” - Environmental Impact Report - EVWHS Development Application (2019)
Examples of Inconsistent Standards and Discriminatory Action
The Town of Vail’s own Public Works facility – which is still undergoing a significant expansion project – is located entirely within the very same Bighorn Sheep Severe Winter Range, and is similarly situated next to the very same road as the affordable housing project to be condemned.
Vail Mountain School – the entirety of which is located within Bighorn Sheep Severe Winter Range has been in breach of their conditional use permit issued by the Planning and Environmental Commission (PEC) since 2006 by exceeding enrollment limits. This matter was discussed at the April 12, 2021 PEC meeting. There appears to be no consequence for non-compliance. Although there is extensive discussion concerning the traffic impacts to residents. There is no mention of sheep.
The impacts of the East Vail Affordable Housing Project have been studied extensively and detailed in the Environmental Impact Report, Wildlife Mitigation Plan, and Booth Heights biologist round table. No assessment or impact mitigation has been required for the 20+ licensed short term rental units, or multimillion dollar luxury housing projects operating within the same Bighorn Sheep Severe Winter Range.
The Town of Vail has taken no action to limit recreational use of the surrounding area by any of the existing occupying class of Booth Falls residents, tourists, or students. The Town has taken action to discourage use of the surrounding area by non-residents by suspending parking and drop off at the Booth Falls Trailhead using Town of Vail public property to limit public access to public land.
Two mitigation proposals were commissioned for the affordable housing project. The Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision and Suggestions for EVWFHS Booth Heights Mitigation Measures are extensive and detailed. Both are strict and imposing on the affordable housing residents. The Town of Vail has taken no action to apply any of the mitigation recommendations to the existing occupying class of “not-at-all affordable housing” residents, short-term rental occupants, or luxury housing developments. All but the first recommendation listed below are within the Town of Vail’s power to enact, if the human impacts to sheep were applied by neighborhood area – and not exclusively to the working class.
Prohibiting access to adjacent public land managed by the US Forest Service.
Installing fencing as physical barrier to restrict and discourage resident use from extending into the important Surrounding Wildlife Areas of Concern
Implement rigorous enforcement and signage to limit access
Ban dogs
Remove small parks and open space to minimize the footprint of the development area and native habitat loss.
Reduce number of housing units
Fund a bighorn sheep movement study
Prohibit bike paths and sidewalks along the frontage road
Schedule dirt work and major construction for summer-time months while also avoiding peregrine falcon conflicts from June 1 to Nov. 15.
Prohibit drones
Why is this decision bad for business?
Government seizure of private lands is extreme action. The decision undermines the public trust in government. This project was approved by the Planning and Environmental Commission, the Design Review Board, and the Town of Vail. The decision was reaffirmed by the State of Colorado after a lawsuit challenging the legality of the decision was dismissed. Condemnation is an extraordinary step to impose the political will of a slim majority on a 7 member council. There is no overwhelming public mandate or clear benefit to take this action.
The decision signals to the private sector that the Town of Vail is not a reliable partner in employee housing development. Even the favored and chosen developers are put through excruciating hoops to get affordable housing projects off the ground in Vail. The East Vail Affordable Housing Project made it through the many processes, and in the final leg is being undermined.
The move to vote for condemnation is not indicative of transparency in government - a surprise motion before the video recording of the meeting even began, for an issue not on the agenda, after hours of closed door executive session.
The Vail Town Council has a fiduciary responsibility to the taxpayer. There has been no public disclosure of the anticipated cost of this action or the inevitable lengthy litigation that will follow. The swift timing of the action makes it seem unreasonable that the Town of Vail even has a realistic understanding of the cost or the measurable benefits of the investment.
Public sentiment is not a reasonable motivation for action if the public is not informed of the cost and consequences of the action. Condemnation would require the Town of Vail to pay fair market value for the land – 23 acres of Vail real estate which is likely to fetch at least 15 to 20 million dollars.
The Council should consider, and publicly address the following questions prior to proceeding with a vote to condemn. At minimum, these questions should be answered well in advance of a public comment period.
How much will this cost?
What projects will be cut in order to seize this empty lot?
The 2022 budget has $24.9 million for public improvements to be funded from the Capital Projects Fund and the Real Estate Transfer Tax Fund.
What other housing or environmental initiatives could be undertaken for a $15-20 million dollar price tag?
Would an investment of this magnitude in environmental protection efforts have public support if invested elsewhere?
Could these funds be used for additional habitat enhancement and impact mitigation to push the project forward?
Is condemnation the best use of public funds to accomplish the goal of protecting bighorn sheep?
What about the Sheep?
Each year, Colorado Parks and Wildlife analyzes and publishes population estimates for bighorn sheep by area. Those records are available to the public going back to 2003. Vail’s bighorn sheep fall into unit S02; and that population has been increasing since 2017. The population had been stagnant for a decade following a harsh winter in 2007 that reduced the herd by 60%.
The species faced extinction in the early 1900’s and have been the subject of decades of conservation and reintroduction efforts, funded primarily by hunting licenses pursuant to the North American Model of Conservation. Although most populations are now stable and growing, the threats these animals still face are numerous.
Habitat loss and fragmentation is a threat to bighorn sheep. The 8 lanes of heavy traffic from the frontage road and I-70, the ski resort, as well as the entire town of Vail all fall within historical summer and winter range for bighorn sheep and several other native species. Every brick laid, every footfall, and every tire track impact wildlife.
Human presence is detrimental to both wildlife and habitat. Recreation and tourism within the Town of Vail and the surrounding public lands has greatly impacted much of our large mammal population. While the East Vail Affordable Housing Project will likely increase human presence in the Booth Falls neighborhood – those impacts have been extensively studied and mitigated for. The same cannot be said for existing private development, profit businesses, and current occupants – whose growth is unmonitored, uncapped, and unchecked.
Mineral deposits attract and concentrate herds, and also entice them to stay in areas that are detrimental to their health and safety. Congregating animals are susceptible to disease, predation, and overgrazing. CDOT’s mag chloride on I-70 and the Town of Vail salty cinders are without question an attractant to the bighorn sheep – which continue to lick the road regardless of traffic, construction, development, or human presence. The Environmental Impact Report - EVWHS Development Application found some East Vail residents illegally bait sheep with salt blocks and mineral licks on their properties or the surrounding land. There has been no meaningful action from Vail Town Council on this issue.
The predominate threat to bighorn sheep is disease transmitted from domestic sheep that are asymptomatic carriers. Pneumonia (https://www.nps.gov/articles/bhs-pneumonia.htm) quickly spreads through bighorn sheep populations and often causes all-age herd die-off, and 100% lamb mortality. The threat is so severe bighorn sheep that are known to come into contact with domestic sheep are killed whenever possible to prevent them from returning to their herds and infecting the others. The East Vail bighorn sheep are well within range of active domestic sheep grazing allotments. There has been no meaningful action from the Vail Town Council on this issue.
US Forest Service Range Allotment (https://data.fs.usda.gov/)
Encourage the Vail Town Council to vote no on the condemnation action for the East Vail Workforce Housing Project. Email towncouncil@vailgov.com.
Robyn Smith
I was inspired to write this piece as a West Vail resident, a Vail business owner, a Vail homeowner, a beneficiary of TOV residential housing, and conservationist. As an entirely unrelated coincidence, Embuzi is the Rukiga word for sheep or goat; and my business logo is in fact a bighorn sheep.
Note from the author:
The bighorn sheep was brought back from the cusp of extinction through reintroduction. The government raised funds, public support, and levied private partnerships to relocate healthy adults of reproductive age so they might repopulate and save the species.
Reintroduction efforts were supported generally, but there was resistance by local stakeholders and landowners. The sentiment on the front lines was sheep should have a place, but not in our backyards.
In Colorado, hard fought reintroduction and conservation efforts have been successful. Although serious threats to the species remain, through vigilant advocacy and public land protections the wild sheep will survive. The bighorn is currently listed a species of least concern.
If the population of Vail were managed like bighorns, we would be listed as a threatened species. Our population of adults of productive age is below targets and declining. Our replacement rate is unsustainable. Our future plan for maintaining minimum population thresholds to keep the local ecosystem viable seems to consist of creating some sort of preserve down valley in someone else’s habitat. We are rapidly losing habitat to development and private investment interests.
Colorado Parks and Wildlife is the agency charged with protecting the bighorn sheep. The Town of Vail is charged with protecting and serving the resident population of the Vail.
I ask the Vail Town Council to support the reintroduction of a population of East Vail residents. Accept 17 million dollars of private investment in the conservation of wild locals. Protect critical workforce habitat.
Vote no on condemnation.
Robyn Smith
References:
Environmental Impact Report - EVWHS Development Application (2019) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials
Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision (2019) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials
Suggestions for East Vail Work Force Housing Subdivision (Booth Heights) Mitigation Measures (2019) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials
Town of Vail Short Term Rental Study (2022) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials
Town of Vail PEC Meeting Minutes 4/15/2021. Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials
US Forest Service Range Allotment (https://data.fs.usda.gov/)
Bighorn sheep population estimates by Colorado Parks and Wildlife: https://cpw.state.co.us/thingstodo/Pages/Statistics-Rocky-Mountain-Bighorn-Sheep.aspx).
Bighorn Sheep Pneumonia by National Park Service: https://www.nps.gov/articles/bhs-pneumonia.htm
Colorado Parks and Wildlife Species Activity Maps Arcgis (2022): https://cpw.state.co.us/learn/Pages/KMZ-Maps.aspx
Ealge County Parcels Arcgis Map Layer; Eagle County GIS Open Data: https://eagle-county-open-data-eaglecounty.opendata.arcgis.com/
Town of Vail General Property & Zoning Interactive Map Application Arcgis Online (2022): https://www.vailgov.com/government/departments/public-works/gis/interactive-maps/interactive-maps
Town of Vail News Release (5/26/2021); “Vail Area Hikers Encouraged to Bus it to Hike it”: https://www.vailgov.com/Home/Components/News/News/110/15#:~:text=With%20parking%20restrictions%20to%20address,closed%20for%20the%20summer%20season.