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HomeMy WebLinkAboutPEC110063 PEC PACKET 040912 TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 9, 2012 SUBJECT: A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4th Addition, located at 4316 and 4336 Streamside Circle West, and setting details in regards thereto. (PEC110063) Applicant: Diamond Assets, represented by Triumph Development Planner: Bill Gibson I. SUMMARY The applicant, Diamond Assets, represented by Triumph Development, is requesting the review of a final plat to amend the dividing property line between Lots 2 and 3, Bighorn Subdivision 4th Addition. Based upon Staff’s review of the criteria outlined in Sections VII of this memorandum and the evidence and testimony presented, the Staff recommends the Planning and Environmental Commission approves, with conditions, this request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting the review of a proposed final plat to amend the dividing property boundary between Lots 2 and 3, Bighorn Subdivision 4th Addition. Each proposed lot meets the dimensional standards prescribed by the Two-Family Residential District. A total of 3,315 sq. ft. of property is proposed to be transferred from Lot 2 to Lot 3, which will shift some existing development rights from Lot 2 to Lot 3. The plat will result in no changes to the combined development rights of the two lots, except for a one square foot increase in total GRFA (gross residential floor area). The existing single-family houses on Lots 2 and 3 conform to the density, GRFA, site coverage, and landscape area requirements associated with the existing and the proposed lot areas. Both existing single-family houses are legally non-conforming in regard to the side setback requirement (15 feet) from the dividing property line. The proposed final plat amends the dividing property line and does not worsen the existing legally non-conforming side setbacks. Town of Vail Page 2 A vicinity map (Attachment A), the proposed final plat (Attachment B), a land survey exhibit (Attachment C), and a similar final plat approved in 1994 that was not executed (Attachment D) have been attached for review. III. BACKGROUND The subject lots were originally established by the Bighorn Subdivision 4th Addition plat approved by the Eagle County Board of County Commissioners on February 3, 1964. The subject lots were annexed into the Town of Vail on November 5, 1974 through the Town’s adoption of Ordinance No. 13, Series of 1974, and Ordinance No. 20, Series of 1974. The Town of Vail zoned the subject lots Two-Family Residential District. On March 14, 1994, the Planning and Environmental Commission approved a minor subdivision application to amend the dividing property line between Lots 2 and 3 in a configuration similar to this application (Attachment D). The 1994 plat transferred 2,944 sq. ft. of property from Lot 2 to Lot 3. However, it does not appear that the 1994 approved plat was executed and an associated proposed new house was not constructed. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS (IN PART) ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL DISTRICT Section 12-6C-1: Purpose: The two-family residential district is intended to provide sites for low density single-family or two-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two-family 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. TITLE 13, SUBDIVISION REGULATIONS, VAIL TOWN CODE (IN PART) CHAPTER 13-1: GENERAL PROVISIONS (in part) Section 13-1-2: Purpose A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, Town of Vail Page 3 for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. TOWN OF VAIL LAND USE PLAN (IN PART) CHAPTER II – LAND USE PLAN GOALS / POLICIES (in part) 1. General Growth/Development (in part) Town of Vail Page 4 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential (in part) 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. CHAPTER VI – PROPOSED LAND USE (IN PART) 4. Proposed Land Use Categories (in part) LDR - Low Density Residential This category includes single-family detached homes and two-family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional / public uses permitted would include churches, fire stations, and parks and open space related facilities. V. SITE ANALYSIS Addresses: 4316 and 4336 Streamside Circle West Legal Descriptions: Lots 2 and 3, Bighorn Subdivision 4th Addition Zoning: Two-Family District Land Use Plan Designation: Low Density Residential Current Land Use: Two (2) Single-Family Residences Geological Hazards: Gore Creek 100-Year Flood Plain Development Standards Allowed/ Required Existing Lot 2 Proposed Lot 2 Existing Lot 3 Proposed Lot 3 Total Area n/a 24,480 27,794 20,791 17,476 Street Frontage (min. ft.) 30 82 71 102 113 Size and Shape (min. ft.) 80x80 >80x>80 >80x>80 >80x>80 >80x>80 GRFA (max. sq.ft.) formula 7,732 8,163 7,252 6,822 Site Coverage (max. sq.ft.) 20% 4,896 5,559 4,158 3,495 Landscape Area (min sq.ft.) 60% 14,688 16,676 12,474 10,485 The existing residence on Lot 2 consists of 1,320 sq. ft. of both site coverage and GRFA, and meets the landscape area requirements for both the existing and proposed lot sizes. Town of Vail Page 5 The existing residence on Lot 3 consists of 4,664 of GRFA; 3,065 sq. ft. of site coverage; and meets the landscape area requirements for both the existing and proposed lot sizes. Both Lot 2 and Lot 3 have a minimum of 15,000 sq. ft. of buildable area. Both existing single-family houses are legally non-conforming in regard to the side setback requirement (15 feet) from the dividing property line. The proposed final plat amends the dividing property line, but does not worsen the existing legally non-conforming side setbacks. VI. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: Residential Two-Family District West: Residential Two-Family District East: Residential Two-Family District South: Residential Two-Family District VII. REVIEW CRITERIA Before acting on a final plat application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The subject properties are designated as Low Density Residential by the Vail Land Use Plan. The Vail Land Use Plan identifies single-family and two-family dwelling units as the appropriate density for properties in the Low Density Residential category. Both the existing and proposed lot areas facilitate the construction of single-family and two-family dwelling units. Staff believes the proposed final plat is consistent with the Vail Land Use Plan’s goals: 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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. Staff believes the proposed final plat is consistent with the purpose of the Town’s Subdivision Regulations and purpose of the Two-Family Residential District as outlined in Section IV of this memorandum. Staff believes the proposed final plat is consistent with 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. Staff believes the proposed final plat is therefore consistent with this criterion. Town of Vail Page 6 2. The extent to which the proposed subdivision complies with all of the standards of Title 13, Subdivision Regulations, Vail Town Code, as well as, but not limited to, Title 12, Zoning Regulations, Vail Town Code, and other pertinent regulations that the planning and environmental commission deems applicable; and The proposed final plat establishes a property boundary between Lots 2 and 3 that complies with the minimum area (15,000 sq. ft. buildable area), minimum street frontage (30 ft.), and the minimum size and shape dimensions (80 ft. by 80 ft. square) standards prescribed by the Two-Family Residential District. A total of 3,315 sq. ft. of property is proposed to be transferred from Lot 2 to Lot 3, which will shift some existing development rights from Lot 2 to Lot 3. The plat will result in no changes to the combined development rights of the two lots, except for a one square foot increase in total GRFA. The existing single-family houses on Lots 2 and 3 conform to the density, GRFA, site coverage, and landscape area requirements associated with the existing and the proposed lot areas. Both existing single-family houses are legally non-conforming in regard to the side setback requirement (15 feet) from the dividing property line. The proposed final plat amends the dividing property line, but does not worsen the existing legally non-conforming side setbacks. Staff believes the proposed final plat complies with the applicable requirements of the Town’s Subdivision Regulations and Zoning Regulations, and is therefore consistent with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff believes the proposed final plat is consistent with the Vail Land Use Plan’s Low Density Residential designation. Staff believes the proposed property line realignment maintains the existing harmonious and workable relationship between the existing structures and the property boundaries. Staff believes the proposed final plat creates lot shapes and sizes that are consistent with the general character of the existing neighborhood. The while the existing single-family residences are legally non- conforming in regard to side setbacks, all future additions and new structures will meet the setback standards. Therefore, Staff does not believe the proposed final plat will have significant negative affects on the future development of the surrounding area in comparison to existing conditions. 4. The extent of the effects on the future development of the surrounding area; and Town of Vail Page 7 A total of 3,315 sq. ft. of property is proposed to be transferred from Lot 2 to Lot 3, which will shift some existing development rights from Lot 2 to Lot 3. The plat will result in no changes to the combined development rights of the two lots, except for a one square foot increase in total GRFA. The proposed final plat is consistent with the Vail Land Use Plan’s Low Density Residential designation. The proposed final plat will accommodate additional community growth in an existing developed areas (infill areas) as recommended by the Vail Land Use Plan. The proposed final plat was designed such that the existing single-family structures comply with most requirements of the Two-Family Residential District and the existing legally nonconforming setbacks are not affected. Therefore, Staff does not believe the proposed final plat will have significant negative affects on the future development of the surrounding area in comparison to existing conditions. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and This proposed final plat does not expand the developable area of these properties beyond their existing collective boundaries. Staff does not believe the proposed final plat will have significant negative affects on the community’s special patterns in comparison to existing conditions. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Utility services exist for the subject property. Staff does not believe the proposed final plat will have significant negative affects on utilities in comparison to existing conditions. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and This proposed final plat does not expand the developable area of the subject properties beyond their existing collective boundaries. The proposed final plat is consistent with the Vail Land Use Plan’s Low Density Residential designation. The proposed final plat will accommodate additional community growth in an existing developed areas (infill areas) as recommended by the Vail Land Use Plan. Therefore, Staff believes the proposed final plat provides for growth in an orderly manner. 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 Town of Vail Page 8 This proposed final plat does not expand the developable area of the subject properties beyond their existing collective boundaries nor will the plat increase development rights. Staff does not believe the proposed final plat will have significant negative impacts to the natural environment in comparison to existing conditions. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. On March 14, 1994, the Planning and Environmental Commission approved a minor subdivision application to amend the dividing property line between Lots 2 and 3 in a configuration similar to this application (Attachment D). The 1994 plat transferred 2,944 sq. ft. of property from Lot 2 to Lot 3. However, it does not appear that the 1994 approved plat was executed and an associated proposed new house was not constructed. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, this request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4th Addition, located at 4316 and 4336 Streamside Circle West, 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 this final plat, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission approves this request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4th Addition, located at 4316 and 4336 Streamside Circle West, and setting details in regards thereto.” Should the Planning and Environmental Commission choose to approve this final plat, the Community Development Department recommends the Commission impose the following conditions: “1. The applicant shall add the following note to the plat: The addresses on this plat are for reference purposes only. Please refer to the Town of Vail for updated addressing information. 2. The applicant shall delete the administrator certificate from the plat.” Town of Vail Page 9 Should the Planning and Environmental Commission choose to approve this final plat, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated April 9, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The final plat is in compliance with the criteria prescribed by Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. 2. The final plat 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. The final plat is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. The final plat 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.” IX. ATTACHMENTS A. Vicinity Map B. Proposed Final Plat C. Survey Exhibit D. 1994 Approved Final Plat (not executed) Town of Vail Page 10 Attachment A