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HomeMy WebLinkAboutPEC130003 Schulman Exemption Plat PEC PACKET 022513 TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 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 a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC130003) Applicant: Dave Schulman, represented by Michael Pukas Planner: Rachel Dimond I. SUMMARY The applicant, Dave Schulman, represented by Michael Pukas, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted site disturbance line for Lot 10, Vail Village West Filing 1, located at 1772 Alpine Drive to facilitate the construction of a patio and deck. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, subject to the findings noted in Section VIII of this memorandum, the Community Development Department recommends the Planning and Environmental Commission does not approve the proposed site disturbance line. However, the plat needs to be amended to reflect the site disturbance line approved by the Design Review Board and building permit in 2006. Therefore, Staff recommends the Planning and Environmental Commission approves an amended final plat with the amended site disturbance line approved as part of the building permit in 2006. For reference, a vicinity map (Attachment A) and the architectural plans and plats (Attachment B) are attached. II. DESCRIPTION OF THE REQUEST The applicant is requesting an amendment to the platted site disturbance line for Lot 10, Vail Village West Filing 1. The proposed site disturbance line would allow for the construction of a patio and deck on the east side of the lot. The proposed area of Town of Vail Page 2 disturbance for the site would be 8,407 square feet, which is 675 square feet larger than the building permit approved disturbance area, and 1,131 square feet larger than the platted site disturbance area. III. BACKGROUND The subject property was annexed into the Town in 1986, at which time it was a vacant lot. From November 2004 through March 2005, the developer of Lots 10, 11 & 12, Vail Village West Filing 1, submitted conceptual plans to the Design Review Board. On March 16, 2005, during a final conceptual review of the proposals for general access and location of the residences, the Design Review Board agreed that access from one common drive at the north side of the development area was the best proposal for the site. The Board’s sentiment was largely based on their desire for the preservation of as much of the southern area of the site as possible. On July 11, 2005, the Planning and Environmental Commission approved variances from lot area, site dimensions and setbacks and a minor subdivision for Lots 10, 11 & 12 that created equally sized lots, an access easement for the shared driveway and detailed the approved setback variances. A ten-foot side setback was approved for Lot 10 with the condition that “the applicant shall maintain a limits of disturbance line as shown on the site plan. No building encroachments or construction disturbance shall be allowed beyond this line.” The PEC was concerned with site disturbance because of the steep slopes on the lot and wanted to concentrate development on the lower portion of the site, thus their reason for granting a variance. The PEC required that the limits of disturbance line follow a contour line just above an old road cut in the property to keep all site disturbance within previously disturbed areas. The originally approved site disturbance line is shown on the plat titled “Vail Village West Filing No. 1, A Resubdivision of Lots 10, 11, & 12,” which was recorded on September 7, 2005. The originally approved disturbance area was 7,276 square feet. On December 7, 2005, the Design Review Board approved the final plans for new construction on Lots 10, 11 & 12. On March 1, 2006, the Design Review Board approved an amendment to the site disturbance line to add disturbance area on Lot 10 and reduce the site disturbance areas on Lots 11 & 12. On September 7, 2006, a building permit was issued for Lot 10 with an amended site disturbance area 456 square feet larger than the platted site disturbance area. On August 1, 2006, the Town of Vail passed Ordinance No. 17, Series of 2006, which stated, “In order to protect the natural landform and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation.” Town of Vail Page 3 On February 13, 2007, an amended final plat was recorded titled “Second Amended Final Plat, Vail Village West, Filing No. 1, A Resubdivision of Lots 10, 11 & 12.” This amended plat revised easement lines for the driveway based on built conditions but did not amend the site disturbance line to reflect approved conditions. IV. APPLICABLE REGULATIONS Title 12, Zoning Regulations, Vail Town Code 12-21-12: Restrictions In Specific Zones On Excessive Slopes Title 13, Subdivision Regulations 13-3-4: Commission Review Of Application; Criteria And Necessary Findings Chapter 13-12: Exemption Plat Review Procedures 13-12-1: Purpose And Intent 13-12-2: Exemptions In Procedure And Submittals 13-12-3: Plat Procedure And Criteria For Review V. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two-Family Primary/Secondary District East: Residential Two-Family Primary/Secondary District West: Residential Two-Family Primary/Secondary District South: Residential Two-Family Primary/Secondary District VI. SITE ANALYSIS Address: 1772 Alpine Drive Legal Description: Lot 10, Vail Village West Filing 1 Zoning: Two-family Primary/Secondary District Land Use Designation: Low Density Residential Mapped Geological Hazards: 40% slopes on portion of site Development Standard Allowed/ Required Existing Proposed Town of Vail Page 4 Lot Area (min sq ft): 15,000 11,848 No change Frontage (min ft): 30 ft. 25 ft. No change Setbacks (min ft): Front (north) 20 20 No change Side (west) 15 10 No change Side (east) 15 15 No change Rear (south) 15 28 No change Rear (south) patios 7.5 21 8 Site Coverage (max sq ft) 2,370 (20%) 1,773 (15%) No Change Landscape Area (min sq ft) 7108 (60%) 8246 (70%) No change Hardscape (sq ft) 392 935 (+543) Site Disturbance Area platted=7,276 approved=7,732 8,407 (+675 approved +1,131 platted) 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 believes the proposed subdivision is inconsistent with numerous elements of the Vail Comprehensive Plan. Specifically, the proposed subdivision will increase disturbance on a steep hillside greater than 40% in slope (a high hazard). Goals 1.3 in the Vail Land Use Plan states, “Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment.” While the proposed patio may not be visible from the valley floor, it will include a visible cut in the hillside from neighboring properties. The PEC approved site disturbance line Town of Vail Page 5 followed the contour directly above an old road cut to ensure that all new disturbance remained within old disturbed areas that were visible prior to development of the site. The proposal is contrary to the Vail Land Use Plan Goal 5.1, which states, “Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist.” 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 The proposed subdivision does not comply with 12-21-12, Restrictions on Specific Zones with Excessive Slopes, Vail Town Code. This regulation requires that only 60% of sites with slopes of 40% or greater be disturbed. The existing conditions depict a site disturbance of 65%, with the proposed site disturbance at 71%. While the DRB could make an exception to this requirement, Staff does not believe the proposed patio would necessitate an exception be made. Further, the proposed subdivision does not meet the specific purpose of Title 12 “to conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.” 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 subdivision does not present a harmonious, convenient and workable relationship among land uses, as it allows for increased site disturbance on a steep lot that was permitted to have a setback variance to avoid increased disturbance. Further, the Town’s development objectives include protecting hazard areas in order to protect the welfare of the entire town. Increasing site disturbance on this steep hillside is not in line with this objective. 4) The extent of the effects on the future development of the surrounding area; and The proposed amended final plat modifying the plat restricted site disturbance line will have no affect the future development of the surrounding area as the proposal will not alter the potential development of other sites. 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 Town of Vail Page 6 The proposed amended final plat modifying the plat restricted site disturbance line 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 site disturbance line will not provide for the growth of an orderly viable community as increased site disturbance on the steep slopes will become excessive. Further, the danger of allowing increased site disturbance on a steep slope will present a hazard danger and will reduce the beauty of the preserved hillsides, which is not in the best interest of the community as a whole. 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 believes the proposed subdivision will have detrimental effects on the natural environment, specifically on the vegetation and hillside features. The subject property was granted a setback variance in order to protect the hillside and vegetation. The proposed increased site disturbance on the hillside is contrary to the approved variance conditions and will further impact the hillside by increasing disturbance. 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 required a condition of approval for the setback variance that the platted site disturbance area not be increased, as the setback variance was granted to reduce disturbance. Allowing increased disturbance is in conflict with the approval conditions of that setback variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, Town of Vail Page 7 to allow for amendments to a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto. The approved plat should reflect the site disturbance line on the building permit. 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 a platted site disturbance line, located at 1772 Alpine Drive/ Lot 10, Vail Village West Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to approve this plat amendment, the Community Development Department recommends the Commission make the following conditions: “1. The applicant shall amend the plat to show the approved site disturbance line as the building permit approved site disturbance line dated September 7, 2006. 2. The applicant shall amend the title of the plat to “Final Plat- Lot 10, Vail Village West Filing 1.” 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 February 25, 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 February 25, 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 February 25, 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 Town of Vail Page 8 review outlined in Section VII of the Staff’s February 25, 2013, memorandum to the Planning and Environmental Commission.” IX. ATTACHMENTS A. Vicinity Map B. Architectural Plans and Approved Plats A L PI N E D R SIERRA TRL GENEVA DR ALTA CT W GORE CREEK DR ALPINE DR I !!!! !!!!! Subject Property k 0 50 100Feet V a i l V i l l a g e W e s t F i l i n g 1 , L o t 1 0Vail V i l l a g e W e s t F i l i n g 1 , L o t 1 0 (1 7 7 2 A l p i n e D r i v e )(1 7 7 2 A l p i n e D r i v e ) 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: February 19, 2013 SCALE: 1° _ zo GRAPHIC SCALE io za ao SET Na 5 REBAR WITH ALUM. CAP. LS. No. 30091 IN FEET ) 1 inch = 20 ft. O\ Q N o P o CURVE A RADIUS = 108.99' DELTA = 17'S9'16" ARC = 34.22' TANGENT = 17.25° CHORD = 34.08' BRG = N53'33'08"E aa s TE CURVE B RADIUS = 108.99 DELTA = 12'44'47" ARC = 24.24' TANGENT = 12.17' CHORD = 24.20' BRG = N38'11'O6"E RADIUS = 108.99 DELTA = 30'44'03" (CALC.) DE TA = 30'45 53" (REC. PLAT) ARC = 58.46' (CALC.) ARC = 58.52° (REC. PLAi) TANGENT = 29.95° CHORD = 57.77' BRG = N47'10'44"E a/ FOUND PLAIN No. 4 REBAR REPLACED WITH No. 5 REBAR AND ALUM. CAP, LS. No. 30091 r t i n' i 2 j2- i N' i INDICATES BUILDING SETBACK p CREATED BY THIS PLAT 1 LOT 12 L \ \ D.272 ACRES 1788 ALPINE DRIVEO / Ai9s y / 6:% . y O• d 10. i \ yJ PROPERTI 9 AMENDED FINAL PLAT VAI L VI LLAGE WEST, FI LI NG No. 1 A RESUBDI VI SI ON OF LOTS 10, 11 & 12 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO LAND USE SUMMARY PARCEL AREA USE ADDRESS LOT 10 0272 AC. SINGLE FAMILY RESIDENCE 1772 ALPINE DRIVE LOT 11 0272 AC. SINGLE FAMILY RESIDENCE 1778 ALPINE DRIVE LOT 12 0.272 A0. SINGLE FAMILY RESIDENCE 1788 ALPINE DRNE TOTAL) 0.816 AC. Planning and Environmental Commission Cer[ificate This final lat was approved by the Town of Vail Planning and Environmentai Commission this day of Ir" , a.d.20. AT EST: W 1 °1 a a at ; N1. 4i_« w Clerk Chairman Town of Vail, Colorado Town of Vail Planning and Environmental Commission oioR o° SET No. 5 REBAR WITH ALUM. CAP, LS. No. 30091 LOT 9 e 5g 2 S73. srs oF OS,Bp e AR N S op,i i' i, l , E a1_ CESS EASEMENT TED BY THIS PLAT j \ i i i i y, 2a o. ' c, / a . i / 54 i i j o \ i h SET No. 5 REBAR(JITH ALUM. CAP, LS. No. 30091 LOT 10 0 272 ACRES / 15 00' 1772 ALPWE DRIVE - I i O' \ Cp NE CREATED Y THIS PLAT INDICATES PROPERTY LWES AND UTILITY EASEMENTS VACATED BY THIS PLAT OT 11 o s \ , o.z 2 ,acRES 1778 ALPWE DRIVE I O 50 / o' . Ns$S4'4\ \' i \ . .... / `\ w \ si• y / v. LIMIT OF DISTURBANCE , j \ \ A \ PROPERTY LINE CREATED , //6. \ 5' UTILITY AND DRAINAGE EASEMENT \ RY THIC PI AT S;S„ \ i..T T I LOT 13 ''- FOUND PLAIN No. 4 REBAR \ REPLACED WITH No. 5 REBAR AND ALUM. CAP. LS. No. 30091 Gore Range Surveying, LLC 953 South Frontage Road West Suite zo6 4 Vail, CO Si657 C97o7 479-8698 • fax (970) 479-0055 LOT 18 w ,...", ",,, r 4, 1 — — o w U o 154.83' 38.39' 589 4 0"W — 193.22 FOUND PLAIN No. 4 REBAR REPLACED WITH No. 5 REBAR — AND ALUM. CAP, LS. No. 30091I LOT 19 I LOT 20 O I 3 t0 fi O O N z m w Q z w J z J o a w Q U w c G O p N N Q W O Z o z o ZZ ~ a Qw J " J Certificate of Dedication and Ownership Know all men by these presents that Dantas Builders, Inc., a Colorado corporation, being sole owners in fee simple, and Firstbank of Avon, being mortgagee of all that real property situated in the Town of Vail, Eagle Co nty, Colorado described as follows: Vail Village West, Filing No. 1, Lots 10, 11 & 12, per the plat thereot recorded October 25, 1963 under Reception No. 98135 in the office of the Eagle County Clerk and Recorder, containing 0.816 acres more or less; have by these presents laid out, platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of Amended Finat Plat, Vail Village West, Filing No. 1, A Resubdivision of Lots 10, 11 & 12, a subdivision in the Town of Vail, County of Eagie; and does hereby accept the responsibility for the completion of required improvements; and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and does hereby dedicate tf ose portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of A.D., 20 uy Owner: Dantas Builders, Inc. Address: PO Box 4015 a Colora cor ration ------., Avon, CO 81620 1 Sy: _ R. Title: L'`, .-2 Y`°'k'S1 QGti` STATE OF CpIOfAGIo ) SS COUNTYOF C1Q) The foregoing Certificate of Dedication and Ownership was JU A.D., 20.7s, by M 24w 1 R. asas corporatiorl. My Commission expires: ( f d a Witness my hand and official seal. r NoNary P b ic 1 Mortgagee: Firstbank of Avon ay: U °i•.,--- Title: Rsxsirwt J:h-- rc7..9,nt STATE OF CpI/tiC'p o ) C' SS COUNTY OF i J ) v... this la day of antas Builders, Ina, a Colorado Address: 11 West Beaver Greek Bivd. Avon, CO 81620 The foregoing Certificate of Dedication and Ownership was acknowledged before me this l tday of u___, A.D., 20, byNicic.tn.$ri K.+erc.las ASS s-crs F V P of Firstbank of Avon. My Commission expires: / 3 Witness my hand and official seal. Notary P i __.- J 4, z ar' , L Title Certificate Land Title Guarantee Company does hereby certify that the Title to all lands shown upon this plat have been examined and is vested in Dantas Builders, Inc., a Colorado corporation and that title to such lands is free and clear of all liens and encumbrances, except as follows: B`f i"V' 4iS t— i'D )`tv"s 3G '' f v, GC. o«drp S l`(, bo 2h' Jo, gk `-1 y y Dated this day of u4' , A.D., 20 I v /vyLAgentsignature Agent name F- Address: 108 S. Frontage Road W. Vaii, CO 81658 Administrator Certificate This final plat is hereby approved by the Town of Vail Administrator this day of c d° , a.d. 20. ATT T: l"'^— G /' 4„^ba',, N N.OF L9 Tow Clerk Adminisirator e °. Town of Vail, Colorado Town of Vail, Colorado ; ^. ORA` Surveyor's Certificate l, do hereby certify that I am a Registered Land Surveyor licensed under the Iaws of the State of Colorado, that this plat is true, correct and complete as laid out, platted, dedicated and shown hereon, that such piat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicabie regulations goaerning the subdivision of land. ln Witnass Whereof, I have set my hand and seal this , Z day of T L ;' , A.D., 200. e. Samuel H. Ecker - Colorado P.L.S. No. 30091 cz,ri , o L a..rr 1 r , a y s,. r GENERAL NOTES: 1) DATE OF SURVEY: MAY, 2005. 2) BEARINGS BASED UPON THE LINE CONNECTING THE MONUMENTS SETMARKING THE NORTHWESTERLY CORNER OF SAID LOT 10 AND THE NORTHEASTERLY CORNER OF SAID LOT 10, BEING S73°OS'18"E (SEE DRAWMG). 3) MONUMENTATION AS INDICATED HEREON. 4) THE SOLE PURPOSE OF THIS PLAT IS TO SUBDIVIDE SAID LOTS 10, 17 & 12, TO CREATETHE NEW LOTS 10, 11 & 12 AS INDICATED HEREON AND TO VACATE AND CREATE CERTAIN EASEMENTS AS INDICA7ED HEREON. 5) THE BOUNDARY DIMENSIONS, EASEMENTS AND RIGHTS OF WAY SHOWN HEREON ARE PER THE RECORD PLAT FOR THE SUBJECT PROPERTY AND TITLE SEARCH PERFORMED BY LAND TITLE GUARANTEE COMPANY, ORDER No. V50005006, DATED MAY 13, 2005. 6) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFfER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANV ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 7) LOT 9 AND TRACT H ARE SUBJECT TO RESTRICTIVE COVENANTS AS CONTAMED IN MSTRUMENT RECORDE OCTOBER 25, 1963 IN BOOK 178 AT PAGE 749 AND AS AMENDED W INSTRUMENT RECORDED DECEMBER 6, 19631N BOOK 176 AT PAGE 345, AND ANYAMENDMENTSTHERETO. 8) ALL REFERENCES TO RECORD DOCUMENTS ARE TO THOSE OFTHE REAI ESTATE RECORDS OFTHE EAGLE COUNN CLERK AND RECORDERS OFFICE. Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as °' 3 4 3, , upon aIl parcels of real estate described on this plat are paid in full. Dated this _pday of ucY , A.D., 2o as . 0 ya787 Kcu z. . g onJ, 0_ a__- -. N.,. RoW 78g Treasurer of Ea le Co C3 -s Clerk and Recorder's Certificate !• pD This Plat w filed for record in the Office of the Clerk and Recorder at`b'clock , on this T'-= ay of , , 20 and is duly recorded at Reception No. 2.$ . c r"'6}erk and Recorder t tx'"`; By: '7 l• Deputy , ,n^,c,^ 4 ' .35 ;. t, 3 t , b j f i lu ,,,, i'it.i ,/` r, ,. i•`' 32 5.(:iR`S 1, l.e` . ORAWN BY. 'SE CHECKEO BY.' SE JOB NO.: 04-2OS oA. 7/06/2005 ORA4NNG NO.: 4-2 SYBSU 7 SHEET OF l