HomeMy WebLinkAboutPEC120048 Lot 5A, Block 2, Bighorn 1st Additon Exemption Plat Memorandum and Attachments 011413
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2013
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 amendments to the
allowable Gross Residential Floor Area (GRFA), located at 3946 Lupine Drive/Lot
5A, Block 2, Bighorn Subdivision 1st Addition, and setting details in regards thereto. (PEC120048)
Applicant: Edwardo and Pilar Vigil, represented by RKD Architects
Planner: Warren Campbell
I. SUMMARY
The applicant, Edwardo and Pilar Vigil, represented by RKD Architects, is requesting
approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review
Procedures, Vail Town Code, to amend the plat restricted maximum allowable Gross Residential Floor Area (GRFA) for 3846 Lupine Drive/Lot 5A, Block 1, Bighorn 1st Addition.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, the proposed
exemption plat subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST The applicant is proposing to amend the plat restricted maximum allowable GRFA for
Lot 5A that was established in 1992 with the recording of the plat. The applicant is
making this request in order to pursue an addition to the existing residence. The
applicant is proposing to increase the allowable GRFA from 4,379 sq. ft. to 5,280 sq. ft.
in response to the GRFA amendments adopted by the Town of Vail in 2004.
If approved the applicant will proceed forward through the Design Review Board
process with a request to add 807 sq. ft. of GRFA to the existing residence.
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A. A vicinity map (Attachment A), a letter from the applicant dated December 17, 2012 describing the request (Attachment B), and the proposed exemption plat, Exemption
Plat, Bighorn Subdivision First Addition, Block 2, Lot 5A, Town of Vail, Eagle County,
Colorado, have been attached for reference (Attachment C).
III. BACKGROUND
On June 22, 1992 the Planning and Environmental Commission approved a request to
subdivide Lot 5, Block 2, Bighorn Subdivision 1st Addition into two lots. The subdivision
established Lots 5A and 5B, measuring 30,296 sq. ft. and 36,716 sq. ft. respectively. Lot 5 was zoned Two-family Residential District and the resulting subdivision did not
change this zoning designation.
The subdivision approval included plat notes restricting the number of dwelling units and GRFA on each lot. The intent of these plat notes was to allow for development on Lots 5A and 5B which was in keeping with the allowable development on Lot 5 as a whole.
The Commission did not want to provide for an increase in dwelling units or an increase
in GRFA that would have occurred through a subdivision of this type. The notes
included on the plat are as follows:
“(6) Lot 5A shall be restricted to the construction of one single family residence
with a total GRFA not to exceed 4379 square feet.
(7) Lot 5B shall be restricted to the construction of one single family residence
with a total GRFA not to exceed 4425 square feet.”
The Planning and Environmental Commission approved a similar request for two
neighboring lots at 3967 and 3977 Lupine Drive on July 11, 2005 (PEC050052) and
May 14, 2007 (PEC070023). These two lots had been subdivided from a larger lot and
the plats included a rezoning to Single-family Residential District and a restriction on the allowable GRFA. The Planning and Environmental Commission approved both
requests as the proposed amendments were in keeping with the initial intent and
allowed the properties to take advantage to the amendments in GRFA passed in 2004.
IV. APPLICABLE REGULATIONS
TITLE 13: 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.
13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS:
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A. Before recommending approval, approval with conditions or disapproval of the
preliminary plan, the planning and environmental commission shall consider the
following criteria with respect to the proposed subdivision:
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
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", of this code, and other pertinent regulations that the planning and environmental commission deems
applicable; and
3. The extent to which the proposed subdivision presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development objectives; and
4. The extent of the effects on the future development of the surrounding area; and
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
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
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
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
9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a major subdivision, the planning and environmental commission shall
make the following findings with respect to the proposed major subdivision:
1. That the subdivision is in compliance with the criteria listed in subsection A of this
section.
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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.
3. That the subdivision is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas.
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.
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: The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title.
V. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Open space Agricultural and Open Space District
East: Residential Two-Family Residential District
West: Forest Service Not within town boundaries South: Residential Two-Family Residential District
VI. SITE ANALYSIS – Lionshead Centre Building
Address: 3946 Lupine Drive Legal Description: Lot 5A, Block 2, Bighorn Subdivision 1st Addition
Zoning: Two-family Residential District
Land Use Designation: Low Density Residential
Mapped Geological Hazards: 40% slopes on portion of site, red and blue avalanche hazard, high severity rockfall, high hazard debris flow and debris avalanche
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Development Standard Allowed Proposed Allowed Existing
Lot Area (min): 15,000 sq. ft. no change 30,295 sq. ft.
Frontage: 30 ft. no change 57 ft.
Buildable Area: 15,000 sq. ft. no change 16,508 sq. ft.
Setbacks (min): 20 ft. front no change 20 ft. 15 feet sides no change 18 ft. and 22 ft.
15 feet rear no change 70 ft.
Platted GRFA Limit (max): 4,379 sq. ft. 5,280 sq. ft. 4,047 sq. ft.
(+901 sq. ft.)
Site Coverage (max): 6,059 (20%). no change 3,590 sq. ft.
Landscape Area (min): 18,178 sq. ft. no change 24,800 sq. ft.
VII. REVIEW CRITERIA
The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The
criteria for reviewing an amended final plat are outlined in Section 13-3-4, Vail Town
Code, as follows:
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 has reviewed the proposed amended final plat and found it to be in compliance with all applicable elements of the Vail Land Use Plan, an element of the
Comprehensive Plan. The proposed increase in the plat restricted maximum allowable
GRFA will be in keeping with the low density residential land use designation found in
the Vail Land Use Plan which states the following: “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.”
Staff’s review of the Vail Land Use Plan did not identify any goals, objectives, or polices
that in contradiction to the request.
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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; and Staff has reviewed the proposed amended final plat and found that all submittal documents were received and the resulting amendment will comply with all applicable
portions of the Town of Vail Zoning Code and the Two-family Residential District. This
analysis can be found in Section VI of this memorandum.
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 amended final plat modifying the plat restricted maximum allowable GRFA will not negatively affect the workable relationship among land uses as the proposal will not alter the current low density residential land use. The proposed
amendment is intended to permit the property to take advantage of the GRFA
amendments adopted in 2004.
In 1992 when the subdivision of Lot 5 occurred the allowable GRFA for the lot was 8,804 sq. ft. The subdivision creating Lots 5A and 5B where permitted maximum
allowable GRFA of 4,379 (49.74%) sq. ft. and 4, 425 sq. ft. (50.26%) respectively. This
total allowable GRFA for the two new lots was 8,804 sq. ft.
Under the current regulations if Lot 5 were still whole it would be permitted 10,670 sq. ft. The application to allow Lot 5A to be able to increase the platted maximum allowable to
be 5, 280 sq. ft. (49.48%) is in keeping with the initial goal of ensuring that development
on the divided Lot 5 did not exceed the development on the lot as a whole.
Attempts were made to include Lot 5B in this application, however, the property owner did not choose to move forward. Staff anticipates that in the future Lot 5B will make the
same request. Under the current regulations and the same methodology used to review
this application Lot 5B would be permitted 5,390 sq. ft.
4) The extent of the effects on the future development of the surrounding area;
and
The proposed amended final plat modifying the plat restricted maximum allowable
GRFA will have no affect the future development of the surrounding area as the
proposal will not alter the current low density residential land use. Additionally, the property is located within a developed neighborhood.
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
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The proposed amended final plat modifying the plat restricted maximum allowable
GRFA will have no affect on the elements identified in the above criterion. The lot is
currently developed within an existing neighborhood with public services currently
provided.
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; and
Staff does not believe this proposal will not have any effect on the provision of utilities to the existing structure within a developed neighborhood.
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
Staff believes the proposed amended final plat to modify the plat restricted maximum
allowable GRFA will continue to allow for the orderly growth of the community and
serves the interests of the community as the proposal will not alter the current low
density residential land use. Additionally, this proposal will update the plat restricted maximum allowable GRFA for Lot 5A in the same manner as the Town of Vail amended
the GRFA regulations for other properties within the Lupine Drive neighborhood in 2004.
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 does not believe that the proposed amended final plat to modify the plat restricted
maximum allowable GRFA will result in any adverse impacts to any of the items listed in the above criterion. The amendment will allow for development on the property which is
in keeping and scale with the adjacent Two-family Residential District zoned properties.
9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision
As identified in the Section III of this memorandum the Planning and Environmental
Commission approved a similar request for two neighboring lots at 3967 and 3977
Lupine Drive on July 11, 2005 (PEC050052) and May 14, 2007 (PEC070023).
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval of the amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code to allow for amendments to the allowable Gross Residential Floor Area (GRFA), located at
Town of Vail Page 8
3946 Lupine Drive/Lot 5A, Block 2, Bighorn Subdivision 1st Addition, and setting details in regards thereto. This 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 plat
amendment, the Community Development Department recommends the Commission make the following motion:
“The Planning and Environmental Commission approves the amended final plat,
pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to
allow for amendments to the allowable Gross Residential Floor Area (GRFA), located at
3946 Lupine Drive/Lot 5A, Block 2, Bighorn Subdivision 1st Addition, and setting details in regards thereto.”
Should the Planning and Environmental Commission choose to approve this plat
amendment request, the Community Development Department recommends the Commission makes the following findings:
“1. That the subdivision is in compliance with the criteria listed in Section 13-3-4-A, Vail
Town Code, based upon the review outlined in Section VII of the Staff’s January 14,
2013, memorandum to the Planning and Environmental Commission.
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, based upon the review outlined in Section VII of the Staff’s January14,
2013, memorandum to the Planning and Environmental Commission.
3. That the subdivision is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas, based upon the review outlined in Section VII of the Staff’s
January 14, 2013, memorandum to the Planning and Environmental Commission.
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, based upon the
review outlined in Section VII of the Staff’s January 14, 2013, memorandum to the
Planning and Environmental Commission.”
IX. ATTACHMENTS
B. Vicinity Map C. Applicant’s written request dated December 17, 2012
D. Draft: Exemption Plat, Bighorn Subdivision First Addition, Block 2, Lot 5A, Town of
Vail, Eagle County, Colorado.
Lot 5-B
Lot 5-A
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Subject Property
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0 75 15037.5 Feet
Bighorn Subdivision First Addition,Bighorn Subdivision First Addition,Block 2, Lot 5-ABlock 2, Lot 5-A
(3946 Lupine Drive)(3946 Lupine Drive)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate)
Last Modified: January 10, 2013
Exhibit A
I"- "
December 17, 2012
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Re: Vigil Addition
Bighorn 1St addition, Block 2 Lot 5a
3946 Lupine Drive
architects, inc
The purpose of this exemption plat is to amend a GRFAlimiting note ontheplat thatcreatedtheabovementionedlot. When Lot 5 was subdivided on June 18, 1992 note 6 states "Lot 5A shallberestrictedtotheconstructionofonesinglefamilyresidencewithatotalGRFAnottoexceed4379squarefeet." In 1992, the allowableGFRAfor the original Lot 5 under theTwo - FamilyResidentialDistrictwas7,950 sq.ft. GRFA plus425 per unit for a total of 8,800 sq.ft. This wasbaseduponthetotallotareaof67,012 sq.ft. It appears thePEC approved a total of 8,804 sq.ft. of GRFA for the separated lots (5A = 4,379 and 513 = 4,425) to maintain the previousdevelopmentrightsafterthesubdivisionofthelot.
Under today's regulations, a lot of 67,012 sq.ft. underthe Two - FamilyResidentialDistrict wouldbeallow10,670 sq.ft. ofGRFA. By applying the same multipliers the resultantGRFA for lot 5Awouldbe5,280 (and Lot5B would be 5,390). We are requesting the exemption plat beapprovedtoreflectthecurrentGRFAregulations.
Jack K. Snow A.I.A.
137 main street, ste 0004 po box 5055 edwards, co 81632 970.926.2622 www.rkdarch.com