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HomeMy WebLinkAboutPEC110034 PEC PACKET_072511TO: FRO DAT SUB I. P OM: C TE: J BJECT: A C th P th h L S re A P SUMMA The co-a requesti the exist and to c high sev existing applican notice. The co-a plat, so B). Sinc request Commis applicati Based u the evid recomm this mem Planning an Community uly 25, 201 A request fo Chapter 13- he existing Patch, and t he purpose azards, loc ane; 1374 Subdivision egard there Applicant: Planner: ARY applicants, ng the revie ting Parcels create a new verity rockfa 7.489 acre nts are no lo applicants a both reque ce this is a to create n ssion review ions. upon Staff’s ence and te mends appro morandum. d Environm Developme 1 or the review 3, Major Su Parcels A t the creation s of preserv cated at 144 and 1378 S Filing 2 (Re eto. 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The co- the public an and the lat (Attachm er than a Environmen subdivision emorandum partment Section VI to Briar or atch to atch, ting final ment tal n m and II of Town of Vail Page 2 II. DESCRIPTION OF THE REQUEST The co-applicants are requesting the review of a preliminary plan and a final plat to amend the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch subdivision and to create a new Parcel G. The co-applicants are no longer requesting to create a new Parcel H as listed in the public notice. The Residences at Briar Patch subdivision, along with several other properties in the Lion’s Ridge neighborhood, was annexed into the Town of Vail in 1981. Most of these properties, including the Residences at Briar Patch, had established development rights under Eagle County jurisdiction that exceeded those that would be allowed by Town of Vail zoning upon annexation. So, the Town of Vail entered into annexation agreements with many of these property owners to negotiate development rights before their properties were annexed. The original annexation agreement permitted 14 townhomes in Briar Patch. By 1993 only one phase of the original 14 units was constructed and the remainder of the project was abandoned. In September of that year the Briar Patch Condominium Associated obtained Town of Vail approval to revise the Briar Patch plans to preserve an existing tri-plex building and to construct five new single-family residences, rather than townhouses. The outcomes of this approval was memorialized on the subdivision’s plat. The existing plat prescribes the allowable density, gross residential floor area, site coverage, building heights, parking, etc. that supersede the standards prescribed in Article 12-6E, Residential Cluster District, Vail Town Code. The Residences at Briar Patch subdivision was not created as a traditional subdivision with the allowed dwelling unit density constructed on evenly sized and evenly spaced residential lots. Instead, the Residences at Briar Patch was zoned Residential Cluster District and was designed as a true cluster style development. The allowed density for the subdivision was concentrated or “clustered” on the less steep portions of the site. This was accomplished through the subdivision’s plats by creating a single, large common parcel (Parcel F), five single-family building envelopes (Parcels A-E), and a single tri-plex building envelope (Units 1-3). All the existing parcels (Parcel A-F and Units 1-3) are treated as one entity for zoning purposes. For example, the setback requirements of the Residential Cluster District are applied to the Briar Patch development site as a whole, and are not applied to the individual parcels. The existing parcels do, however, subdivide the various portions of the Residences at Briar Patch for ownership and taxation purposes. Most other developments in the Residential Cluster District have clustered individual lots or parcels, which again are treated as one collective entity for zoning purposes. Some developments have delineated building envelopes, but these envelopes are typically delineated within the boundaries of the individual lots. At the Residences at Briar Patch, there is no collection of individual lots with delineated building envelopes. Instead, the existing parcels are the building envelopes. Town of Vail Page 3 The existing Residences at Briar Patch plat allows decks, landscaping, driveways, parking, and other private improvements to be constructed five feet outside the parcel boundaries (building envelopes) on common Parcel F. These private improvements on common property have created concerns among members of the homeowners association related to liability and other legal issues. Similar to other Residential Cluster District developments in Vail, the property owners at the Residences at Briar Patch are considered “joint property owners” for zoning purposes. However, this scenario of individual improvements being constructed on common property has tied these individual property owners even closer together and has resulted in strained neighbor relations. As part of this application, the co-applicants are proposing to amend the boundaries of the existing Parcels A-E. Today these parcels and the subdivision’s building envelopes are one and the same. The homeowners are proposing to expand Parcels A-E to create parcels that function like individual single-family lots in a manner similar to other subdivisions in the Residential Cluster District. However, the homeowners are proposing to reinstate building envelope boundaries. Instead of these existing building envelopes being identified on the plat as a “parcel”, the proposed plat will expand the boundaries of Parcels A-E and delineate a “building envelope” within each parcel. The homeowners association is proposing to expand the buildable areas for Parcels A-E as described on the proposed plat. Additionally, the homeowners association is proposing to increase the allowable site coverage for Parcel D by 199 square feet from 2,801 to 3,000 square feet to facilitate a future garage addition. Parcel D is the southern most home accessing Sandstone Drive. There are no other changes proposed to the existing plat restricted development rights. The southern portion of the Residences at Briar Patch common Parcel F includes steep slopes and rock outcroppings. This southern portion of Parcel F is located directly above Lions Ridge Loop and the Timber Ridge employee housing development. This portion of Parcel F poses a high severity rockfall hazard to the public street and the residential development below. The Town of Vail has determined that it is in the best interest of the public to mitigate this rockfall hazard. So, the Town of Vail is negotiating the purchase of this portion of Parcel F from the Residences at Briar Patch property owners with the intention of constructing rockfall mitigation on the site. Before the Town of Vail can purchase this property from the Residences at Briar Patch property owners, the existing Parcel F must first be formally subdivided into two lots. The co-applicants are therefore requesting approval of a preliminary plan and final plat to subdivide the existing common area into two parcels (Parcels F and G). The proposed Parcel G is the southern portion of Residences at Briar Patch common area that the Town of Vail intends to purchase. The subdivision of common Parcel F into two parcels will not change the existing development rights for the Residences at Briar Patch. This subdivision application “involves” more than four lots, so pursuant to Chapter 13-2, Definitions, Vail Town Code, this application is a “major subdivision”. A major Town of Vail Page 4 subdivision involves the Planning and Environmental Commission’s review of a preliminary plan and a final plat. The co-applicants are proposing no revisions between the preliminary plan and the final plat, so both requests are shown on the same proposed amended final plat (Attachment B). Since this is a proposed amendment to an existing subdivision, rather than a request to create new subdivision, Staff recommends the Planning and Environmental Commission reviews the requests concurrently as it has for other similar subdivision applications. Minor changes to the text on sheet 1 of the current plat have been incorporated into the proposed plat. Many of these chances clarify the existing development rights of the Residences at Briar Patch and make corrections to the Town Code section numbers referenced on the plat. A vicinity map (Attachment A), the proposed Fifth Amendment final plat (Attachment B), and the existing Fourth Amendment plat (Attachment C) have been attached for review. III. BACKGROUND The Residences at Briar Patch subdivision, along with several other properties in the Lion’s Ridge neighborhood, was annexed into the Town of Vail 1981. Most of these properties, including the Residences at Briar Patch, had established development rights under Eagle County jurisdiction that exceeded those that would be allowed by Town of Vail zoning. So, the Town of Vail entered into annexation agreements with many of these property owners to negotiate development rights before these property was annexed. The existing plat prescribes the allowable density, gross residential floor area, site coverage, building heights, parking, etc. that supersede the standards prescribed in Article 12-6E, Residential Cluster District, Vail Town Code. While pursuing the proposed redevelopment of the Timber Ridge employee housing site, the Town of Vail explored options to address the high severity rockfall hazard emanating from the Residences at Briar Patch Parcel F above. This existing rockfall hazard poses risks to both the public street and the residential development below. The Town of Vail has explored several engineering options to mitigating the rockfall hazard. One viable mitigation option is to mitigate the hazard off-site by constructing barriers and fencing along Lions Ridge Loop; however, this mitigation method is neither aesthetically or financially desirable. The other viable mitigation option is to address the hazard on-site by removing rocks and installing protective netting over some outcroppings. The Town of Vail believes the on-site mitigation method is more aesthetically and financially desirable than an off-site method. The Town of Vail is negotiating with the Residences at Briar Patch property owners to purchase a portion of their common Parcel F (e.g. proposed Parcel G) to facilitate the mitigation of the existing rockfall hazard. Town of Vail Page 5 IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-6E: RESIDENTIAL CLUSTER DISTRICT Section 12-6E-1: Purpose: The residential cluster district is intended to provide sites for single-family, two-family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Title 13, Subdivision Regulations, Vail Town Code (in part) CHAPTER 13-2: DEFINITIONS (in part) Subdivision or Subdivided Land: (in part) D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or the adjacent property. E. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. 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, 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 Town of Vail Page 6 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 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. Town of Vail Page 7 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. CHAPTER VI – PROPOSED LAND USE (IN PART) 4. Proposed Land Use Categories (in part) MDR - Medium Density Residential 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 recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. V. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Open Space Single-Family Residential and Natural Area Preservation South: Residential Housing West: Residential Residential Cluster, Two-Family Primary/Secondary, Single- Family Residential, and Natural Area Preservation East: Residential Residential Cluster VI. SITE ANALYSIS Existing Zoning: Residential Cluster District Existing Land Use Designation: Medium Density Residential Geological Hazards: Excessive Slopes and High Severity Rockfall Hazard Lot Size: 8.105 acres (approximately 353,054 sq. ft.) Development Standards: Plat Restricted Proposed Site Coverage Amendments: Parcel RC District Allowed Site Coverage (25%) (sq.ft.) Current Plat Restricted Site Coverage (sq.ft.) Proposed Site Coverage (sq.ft.) Net Change (sq.ft.) A n/a 4,015 no change n/a B n/a 5,575 no change n/a C n/a 5,399 no change n/a D n/a 2,801 3,000 199 E n/a 2,380 no change n/a Triplex n/a 6,300 no change n/a Total 88,264 sq.ft. 26,470 199 26,669 Town of Vail Page 8 Proposed Building Envelope Amendments: 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 Staff believes the proposed preliminary plan and final plat are consistent with the following Vail Land Use Plan’s goals: 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 resources should be protected as the Town grows. Staff also believes the proposed preliminary plan and final plat are consistent with the purpose of the Town’s Subdivision Regulations and purpose of the Residential Cluster District as outlined in Section IV of this memorandum. Staff believes the proposed preliminary plan and final plat are 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 preliminary plan and final plat are therefore consistent with this criterion. 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 Parcel RC District Allowed Building Envelope Current Plat Restricted Building Envelope (e.g. parcel) (sq.ft.) Proposed Building Envelope (sq.ft.) Net Change (sq.ft.) A n/a 4,015 4,145 130 B n/a 5,904 6,466 562 C n/a 5,681 6,037 356 D n/a 2,500 3,087 587 E n/a 2,380 3,158 778 Triplex n/a 6,321 no change n/a Total 88,258 sq.ft. 26,801 29,214 2,413 Town of Vail Page 9 The proposed preliminary plan and final plat do not change the development rights prescribed by the existing Residences at Briar Patch plat and annexation agreement except to expand the buildable areas for Parcels A-E and to increase the allowable site coverage on Parcel D by 199 square feet. Since its original adoption in 1993, the allowable buildable area, gross residential floor area (GRFA), and site coverage have evolved with each of the four subsequent plat amendments. Staff believes the proposed preliminary plan and final plat comply with the applicable requirements of the Town’s Subdivision Regulations and Zoning Regulations, and are 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 The proposed preliminary plan and final plat allow amendments to the buildable areas of Parcels A-E and the allowable site coverage for Parcel D. Staff believes these amendments are in keeping with the intent and purpose of the Residences at Briar Patch plat and annexation agreement. The proposed preliminary plan and final plat do not change any other existing development rights prescribed by the plat. The proposed preliminary plan and final plat create a new Parcel G which will facilitate the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions Ridge Loop and the Timber Ridge employee housing development below. Therefore, Staff believes the proposed preliminary plan and final plat presents a harmonious, convenient, workable relationship among land uses. 4. The extent of the effects on the future development of the surrounding area; and The proposed preliminary plan and final plat allow amendments to the buildable areas of Parcels A-E and the allowable site coverage for Parcel D. Staff believes these amendments are in keeping with the intent and purpose of the Residences at Briar Patch plat and annexation agreement. The proposed preliminary plan and final plat do not change any other existing development rights prescribed by the plat. The proposed preliminary plan and final plat create a new Parcel G which will facilitate the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions Ridge Loop and the Timber Ridge employee housing development below. Therefore, Staff believes the proposed preliminary plan and final plat will have significant positive affects on the future development of the surrounding area. 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 Town of Vail Page 10 services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and This proposed preliminary plan and final plat amend an existing subdivision. Therefore, Staff does not believe the proposal will have significant negative affects on the community’s spatial 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 The proposed preliminary plan and final plat do not change the existing density of the Briar Patch. Therefore, Staff does not believe the proposed preliminary plans and final plat will have any affect 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 The proposed preliminary plan and final plat allow amendments to the buildable areas of Parcels A-E and the allowable site coverage for Parcel D. Staff believes these amendments are in keeping with the intent and purpose of the Residences at Briar Patch plat and annexation agreement. The proposed preliminary plan and final plat do not change any other existing development rights prescribed by the plat. The proposed preliminary plan and final plat create a new Parcel G which will facilitate the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions Ridge Loop and the Timber Ridge employee housing development below. Therefore, Staff believes the proposed final plat serves the best interest of the community. Staff believes the proposed subdivision will result in the continued growth of an orderly and viable community. 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 The proposed preliminary plan and final plat allow amendments to the buildable areas of Parcels A-E and the allowable site coverage for Parcel D. Staff believes these amendments are in keeping with the intent and purpose of the Residences at Briar Patch plat and annexation agreement. The proposed preliminary plan and final plat do not change any other existing development rights prescribed by the plat. The steep hillsides on the southern portion of the Residences at Briar Patch will be maintained as open space. Town of Vail Page 11 The proposed preliminary plan and final plat create a new Parcel G which will facilitate the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions Ridge Loop and the Timber Ridge employee housing development below. Staff does not believe the proposed final plat will have significant negative affects on 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. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves this preliminary plan and a final plat, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcel G and H of the Residences at Briar Patch for the purposes of preserving open space and mitigating high severity rockfall hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive/Lots G2, G5, and G6, Lion’s Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in regard 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 a preliminary plan and a final plat, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcel G and H of the Residences at Briar Patch for the purposes of preserving open space and mitigating high severity rockfall hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive/Lots G2, G5, and G6, Lion’s Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in regard thereto.” 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 June 27, 2011 and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail Page 12 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 Preliminary Plan and Final Plat (Fifth Amendment) C. Existing Plat (Fourth Amendment) Town of f Vail Attaachment A Pagge 13 Town of f Vail Attaachment B Pagge 14 Town of f Vail Pagge 15 Town of f Vail Attaachment C Pagge 16 Town of f Vail Pagge 17