HomeMy WebLinkAboutLapin exemption plat 011011
1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for the review of a final plat, pursuant to Section
13-12-3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and
setting forth details in regards thereto. (PEC100054) Applicant: Merv Lapin, represented by Hans Berglund, Berglund Architects Planner: Rachel Dimond I. SUMMARY The applicant, Merv Lapin,
represented by Hans Berglund of Berglund Architects, is requesting a review of a final plat, pursuant to Section 13-12-3, Plat Procedures and Criteria for Review, Vail Town Code, to
allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting forth details in regards thereto. The purpose of the proposed
final plat is to move the property line between Lots 6 and 7 to increase the size of Lot 7. Staff Staff recommends the Planning and Environmental Commission approves, with conditions,
the proposed final plat subject to the findings and criteria outlined in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Merv Lapin, owns both subject properties
Lots 6 and 7, Vail Village Filing 2. Currently, there is one single family home on each lot. The applicant is requesting the review of a final plat that moves the property line between
Lots 6 and 7, resulting in Lot 7 becoming 6,752 square feet larger. The proposed final plat will result in both lots remaining in compliance with the Town of Vail zoning regulations.
A vicinity map (Attachment A), the proposed final plat (Attachment B) and an exhibit showing existing conditions (Attachment C) are attached for review. III. BACKGROUND The subject properties
were part of the original Town of Vail, which was established by election on August 23, 1966. The applicant, Mr. Lapin, approached Town Staff in early 2010 to discuss the possibility
of constructing one duplex on a development site comprised of both Lots 6 and 7, Vail Village Filing 2. Staff determined that a development site could be established from the two lots
without a subdivision application. On September 27, 2010 the Planning and Environmental Commission upheld Staff’s determination. The Town Council subsequently overturned the Commission’s
determination at the request of the Town Attorney. The applicant has since changed course and submitted the subject plat for review.
2 IV. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART): ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-1: PURPOSE: The
two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary
residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The twofamily primary/secondary
residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen
thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing
a square area, eighty feet (80') on each side, within its boundaries. TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (IN PART): 13-2-2 DEFINITIONS EXEMPTION PLAT: The platting of
a portion of land or property that does not fall within the definition of a "subdivision", as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the
term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting
of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption
Plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required
to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat: The planning
and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first
public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual
agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title.
3 V. SURROUNDING LAND USES AND ZONING Current Land Use Land Use Designation Zone District North Hospital Transition Area General Use South Gore Creek Ski Base Natural Area Preservation
East Residential Medium Density Residential Two-Family Primary/Secondary West Residential Medium Density Residential Two-Family Primary/Secondary VI. SITE ANALYSIS The following is a
zoning analysis of Lots 6 and 7, Vail Village Filing 2: Legal Address Lot 6 & 7, Vail Village Filing 2 Physical Address 212 and 232 West Meadow Drive Zoning Two Family Primary/Secondary
(PS)District Land Use Designation Medium Density Residential Current Land Use Residential Development Standard Allowed/Required Proposed Change from existing to proposed Lot Area: Lot
6 Lot 7 15,000 sq ft min 15,000 sq ft min 19,340 sq ft 29,272 sq ft -6,752 sq ft (-25.8%) +6,752 sq ft (+30%) Site Dimension: Lot 6 Lot 7 80 ft x 80 ft min 80 ft x 80 ft min 80 x 80
>80 x 80 N/A N/A Frontage: Lot 6 Lot 7 30 ft min 30 ft min 85 ft 142.5 ft -35 ft (-29%) +35 ft (+32.5%) GRFA: Lot 6 Lot 7 7,942 sq ft 7,478 sq ft 7,064 sq ft 8,355 sq ft -878 sq ft (-11%)
+877 sq ft (+11.7%) Site Coverage: Lot 6 Lot 7 20% of lot size 5,218 sq ft 4,504 sq ft 3,868 sq ft 5,854 sq ft -1,350 sq ft (-25%) +1,350 sq ft (+30%) Landscaping: Lot 6 Lot 7 60% of
lot size 15,655 sq ft 13,512 sq ft 11,604 sq ft 17,563.2 sq ft -4,051 sq ft (-25%) +4,051 sq ft (+30%) VII. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision
Regulations, is intended to ensure that subdivisions promote the health, safety and welfare of the community. The criteria for reviewing a proposed final plat shall be as outlined in
Section 13-4-4, Vail Town Code, as follows:
4 (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the town; The Vail Land Use Plan is applicable to this request. The Vail Land Use Plan identifies the properties proposed as “medium
density residential”, and this does not change with the proposed plat. Staff finds the proposed exemption plat is in compliance with the Vail Land Use Plan, which states the following:
“The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling
units per buildable acre. Additional types of uses in this category would include private recreational facilities, private parking facilities and institutional/public uses such as parks
and open space, churches, and fire stations.” (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title
12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; Staff finds the proposed subdivision complies with all standards
of the Zoning Regulations. The existing Lot 6 driveway is partially located on the proposed Lot 7, so Staff is recommending a condition of approval requiring the applicant to address
this issue by relocating the driveway or granting an access easement for Lot 6 on Lot 7. Staff also recommends a condition of approval requiring the existing deck encroachments into
the Gore Creek stream setback area and the adjacent Town of Vail owned stream tract property be removed prior to recording the proposed final plat. (3) The extent to which the proposed
subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Staff believes the proposed final plat continues
to present a a harmonious, convenient, workable relationship among land uses consistent with the Town’s development objectives. The proposed final plat shifts 6,752 square feet from
Lot 6 to Lot 7. Development potential shifts from one lot to the other, but does not increase the total amount of allowable GRFA. The proposed lots conform to the required minimum lot
size and are harmonious with the overall lot layout along the south side of West Meadow Drive. The following table compares the existing lots along West Meadow Drive to the proposed
Lots 6 and 7: Lot # Lot Size (sq ft) Allowable GRFA(sq ft) 1 22,476 7,472 2 17,554 6,832 3 16,117 6,645 5 23,696 7,630 6 19,340 7,064 7 29,272 8,355 8 21,605 7,358 9 18,295 6,928 Average
21,044 7,285
5 (4) The extent of the effects on the future development of the surrounding area; Staff finds that the proposed plat will not negatively affect on the future development of the surrounding
area. The proposed lot line shift does not increase total development potential since no new lots are created and density remains the same. (5) The extent to which the proposed subdivision
is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities,
or result in a "leapfrog" pattern of development; Staff finds that the proposed final plat does not create spatial patterns that would result in negative effects on public services,
facilities or cause a leapfrog pattern of development. The application maintains two lots in a platted and developed neighborhood that does not change the existing overall spatial patterns.
(6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff finds
that utilities will not be affected by the proposed plat, as no additional units will be permitted over what is currently allowed. Utilities are currently in place to serve these two
lots, and the lot line shift will not substantially affect utility loads. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and
serves the best interests of the community as a whole; Staff finds that the proposed final plat continues to provide for orderly growth and will serve the best interests of the community.
The proposed plat will not allow additional GRFA, but will move allowable GRFA from one lot to another. The existing lot sizes on this block range from 16,117 square feet to 23,696 square
feet. The proposed Lot 7, which is increasing approximately 25%, would be the largest lot on this block. A structure on Lot 7 could be 725 square feet larger than the next largest structure
allowable on Lot 5. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality,
air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and, Staff finds that the proposed final plat will result in improved water quality,
since the Town of Vail will be granted a five-foot wide drainage easement along the west side of Lot 7 as a result of this plat. This easement will allow for water flow and filtration
prior to entering Gore Creek. Should the Planning and Environmental Commission choose to apply the recommended conditions of approval, Staff further finds that the proposed final plat
results in beneficial impacts to the natural environment by the applicant removing encroachments from the Gore Creek setback areas and the adjacent Town of Vail owned Gore Creek stream
tract. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision.
6 VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with a condition, the applicant’s request for the review
of a final plat, pursuant to Section 13-12-3, Plat Procedures and Criteria for Review, Vail Town Code, to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located
at 212 and 232 West Meadow Drive, and setting details in regards thereto. Staff’s recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission
pass the following motion: “Based upon the review of the criteria outlined in Section VII of the January 10, 2011 Staff memorandum and the evidence and testimony presented, the Planning
and Environmental Commission approves, with conditions, the applicant’s request for a final plat, pursuant to Section 13-12-3, Plat Procedures and Criteria for Review, Vail Town Code,
to allow for the resubdivision of Lots 6 and 7, Vail Village Filing 2, located at 212 and 232 West Meadow Drive, and setting details in regards thereto.” Should the Planning and Environmental
Commission choose to approve the proposed final plat, the Community Development Department recommends the Commission makes the following findings: “The Planning and Environmental Commission
finds: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and (4) That the subdivision 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. Should
the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission applies the following condition(s): 1) Prior
to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing 2, the applicant shall either relocate the existing Lot 6 driveway entirely within the new Lot 6 property
boundaries or the applicant shall grant Lot 6 an access easement across Lot 7 for the existing Lot 6 driveway. Should the applicant choose to relocate the existing Lot 6
7 driveway, the applicant must obtain Town of Vail design review approval prior to construction. 2) Prior to recording the subject final plat for Lot 6 and Lot 7, Vail Village Filing
2, the applicant shall remove all existing Lot 7 deck encroachments from the Gore Creek stream setback area and the adjacent Town of Vail owned Gore Creek stream tract.” IX. ATTACHMENTS
A. Vicinity Map B. Proposed Final Plat C. Exhibit for Exemption Plat
Attachment A
Attachment B Attachment A
Attachment C