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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 2007
SUBJECT: A request for a final approval of a preliminary plan for a major subdivision,
pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the
creation of two new lots for the redevelopment of the properties known as
“Ever Vail” (West Lionshead), located at 862, 923, 934, 953, 1031 South
Frontage Road West, and the South Frontage Road West right-of-
way/Unplatted (a complete legal description is available for inspection at the
Town of Vail Community Development Department), and setting forth details
in regard thereto. (PEC07-0020)
Applicant: Vail Resorts Development Company, represented by Thomas
Miller
Planner: Warren Campbell
I. SUMMARY
The applicant, Vail Resorts Development Company, represented by Thomas Miller,
is requesting final approval of a preliminary plan for a major subdivision, pursuant to
Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two
new lots for the redevelopment of the properties known as “Ever Vail” (West
Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the
South Frontage Road West right-of-way/Unplatted (a complete legal description is
available for inspection at the Town of Vail Community Development Department).
The preliminary plan, if approved would result in the establishment of the basis for
developing the final plat for Ever Vail on two separate parcels. Staff is
recommending approval with conditions of the preliminary plan subject to the
findings and conditions outlined in Section IX of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Vail Resorts Development Company, represented by Thomas Miller,
has recently participated in two work session meetings with the Town of Vail
Planning and Environmental Commission to begin establishing the basis for the
numerous development applications which will be necessary to achieve the
development of Ever Vail. A vicinity map is attached depicting the area known as
Ever Vail (Attachment A). Through the two work sessions it was discussed that a
major subdivision would be need to create new parcels as several properties were
being combined and due to the proposed South Frontage Road right-of-way
relocation to the north, parallel to the interstate. The proposed major subdivision will
create two (2) lots out of five (5) existing lots and the South Frontage right-of-way.
The proposed preliminary plan is the first step in the major subdivision process to
establishing the two (2) new lots.
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This application proposes to shift the South Frontage Road right-of-way to the north
in order to remove this physical boundary to the development of a contiguous site.
The proposed preliminary plan further more ties the two (2) new lots together as a
single development site with development potential being shared across the
proposed lot line for zoning review purposes. A copy of the proposed preliminary
plan (Attachment B) and a document describing the request in greater detail from the
applicant (Attachment C) are attached for reference.
III. BACKGROUND
These five properties were platted in two separate instances. The existing parcels
do not follow the annexation boundaries in which they were annexed. The properties
were annexed as a part of the original Town of Vail under Vail Village First Filing,
which became effective by election on August 23, 1966, and court order of August
26, 1966 and by Ordinance 8, Series of 1969 which became effective on August 23,
1969.
IV. ROLES OF REVIEWING BOARDS
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for final
approval, approval with conditions, or denial of a minor subdivision. Specifically
the the code states in Section 13-3-4, Commission Review of Application; Criteria:
The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this Chapter, the Zoning
Ordinance and other pertinent regulations that the Planning and
Environmental Commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C above. The
Planning and Environmental Commission shall review the application and
consider its appropriateness in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity and
compatibility with the surrounding land uses and other applicable
documents, effects on the aesthetics of the Town.”
Design Review Board:
Action: The Design Review Board has NO review authority on a minor subdivision,
but must review any accompanying Design Review Board application.
Town Council:
The Town Council is the final decision making authority for a minor subdivision and
adoption of easements between a private property owner and the Town. Final
actions of Design Review Board or Planning and Environmental Commission maybe
appealed to the Town Council or by the Town Council. Town Council evaluates
whether or not the Planning and Environmental Commission or Design Review
Board erred with approvals or denials and can uphold, uphold with modifications, or
overturn the board’s decision.
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Staff:
The staff is responsible for ensuring that all submittal requirements are provided and
plans conform to the technical requirements of the Zoning Regulations. The staff
also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a
staff evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also
facilitates the review process.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Code:
Title 13: Subdivision Regulations (partial)
13-2-2 Definitions
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.
13-4 Minor Subdivisions
13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS:
"Minor subdivisions", as defined in Section 13-2-2 of this Title, shall be exempt from
requirements related to preliminary plan procedures and submittals. Minor
subdivisions may be required to submit an environmental impact report if required by
Title 12, Chapter 12 of this Code. (Ord. 2(1983) § 1)
VI. SUROUNDING LAND USES AND ZONING
Land Use Zoning
North: Residential Lionshead Mixed Use 1
East: Residential Lionshead Mixed Use 1
West: Industrial Lionshead Mixed use 2
South: Open Space Natural Area Preservation
VII. SITE ANALYSIS
Proposed Lot 1 Vail Mountain Marriott*
Zoning: Lionshead Mixed Use 1
Land Use Plan Designation: Resort Accommodation and Service
Current Land Use: Hotel/Lodge
Development Standard Allowed Proposed
Lot Area: 10,000 sq. ft. 85,900 sq. ft.
Dimension: 80’X80’ min. exceeds 80’X80’
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Frontage: 30’ min. Approximately 330 feet along
West Lionshead Circle
Access: Access to the site will be via West Lionshead Circle
and Lionshead Place through the existing curb cuts.
An access easement between Lots 1 and 2 is depicted
on the plat.
Proposed Lot 2 West Day Lot*
Zoning: Lionshead Mixed Use 1
Land Use Plan Designation: Resort Accommodation and Service
Current Land Use: Parking structure and surface parking
Development Standard Allowed Proposed
Lot Area: 10,000 sq. ft. 104,500 sq. ft.
Dimension: 80’X80’ min. exceeds 80’X80’ min.
Frontage: 30’ min. Approximately 225 feet along
West Lionshead Circle , 320 feet
along the South Frontage Road,
and 65 feet along Forest Road
Access: Access to the site will be via West Lionshead Circle
through the existing curb cut.
Proposed Lot 3 Gore Creek Residences*
Zoning: Lionshead Mixed Use 1
Land Use Plan Designation: Resort Accommodation and Service
Current Land Use: Residential
Development Standard Allowed Proposed
Lot Area: 10,000 sq. ft. 106,765 sq. ft.
Dimension: 80’X80’ min. exceeds 80’X80’ min.
Frontage: 30’ min. Approximately 125 feet along
Forest Road.
Access: Access to the site will be via Forest Road through the
approved curb cut.
* This proposed minor subdivision will not make any existing or proposed lot non-
conforming in regards to the zoning code. A note on the plat ties the three new
proposed lots together for zoning analysis and remaining development potential.
Note 12 on the plat states:
“For the purposes of zoning, Lots 1, 2, and 3 created by this subdivision are to be treated as
one development site. Development standards shall be based upon the improvements and
land area of Lots 1, 2, and 3.”
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VIII. APPLICATION CRITERIA AND FINDINGS
Minor Subdivision
A basic premise of subdivision regulations is that the minimum standards for the
creation of new lots must be met. This subdivision will be reviewed under Title 13,
Subdivision Regulations, of the Town of Vail Code.
1. The first set of criteria to be considered by the Planning and Environmental
Commission for a Minor Subdivision application is:
Lot Area: The minimum lot area for the Lionshead Mixed Use 1 District is
10,000 square feet. All three proposed lots exceed 10,000 square feet with
Lot 1 measuring 85,900 square feet, Lot 2 measuring 104,500 square feet,
and Lot 3 measuring 106,765 square feet.
Frontage: The Lionshead Mixed Use 1 District does not identify any
minimum frontage requirement. However, Lot 1 has approximately 330 feet
along West Lionshead Circle. Lot 2 has approximately 225 feet along West
Lionshead Circle, 320 feet along the South Frontage Road, and 65 feet along
Forest Road. Lot 3 has 125 feet of frontage along Forest Road.
Dimension: The Lionshead Mixed Use 1 District requires lots to be able to
enclose a square with a minimum dimension of 80 feet by 80 feet. All three
proposed lots meet this requirement
2. The second set of review criteria to be considered with a minor subdivision
request is outlined in the Subdivision Regulations, 13-3-4, and is as follows:
"The burden of proof shall rest with the applicant to show that the
application is in compliance with the intent and purposes of this
Chapter, the Zoning Ordinance and other pertinent regulations that
the Planning and Environmental Commission deems applicable.…The
Planning and Environmental Commission shall review the application
and consider its appropriateness in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and
resolutions and other applicable documents, environmental integrity
and compatibility with the surrounding land uses and other applicable
documents, effects on the aesthetics of the Town."
The purpose section of Title 13, Subdivision Regulations, is intended to insure that
the subdivision is promoting the health, safety and welfare of the community. The
subdivision purpose statements from 13-1-2 (C) are as follows:
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."
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Staff Response: No parties outside the Town of Vail were notified of this
application for a minor subdivision as it was determined by staff that the
nature of the request posed no impact to outside parties. Section 13-4-2
grants the Zoning Code Administrator the right to waive certain requirements
required for a minor subdivision.
2. To provide for the subdivision of property in the future without conflict
with development on adjacent land."
Staff Response: This proposed minor subdivision establishes three
separate lots which will not adversely affect adjacent land. The creation of
the three new lots will allow for future subdivision of the newly created lots. In
the near future the applicant will be submitting a condominium plat for the
new Gore Creek Place Residences which would be located on Lot 3 of West
Day Subdivision.
3. To protect and conserve the value of land throughout the Municipality
and the value of buildings and improvements on the land.
Staff Response: The proposed minor subdivision will have no detrimental
affect on the value of land within the Town.
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.
Staff Response: The proposed creation of Lots 1, 2, and 3 meets all the
criteria listed above.
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.
Staff Response: The proposed minor subdivision meets all the
requirements listed above.
6. To provide for accurate legal descriptions of newly subdivided land
and to establish reasonable and desirable construction design
standards and procedures.
Staff Response: The proposed minor subdivision will clean up the existing
plats for the properties. This plat will also record easement agreements
between all the properties listed above and the Town of Vail.
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
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throughout the Town in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
Staff Response: The proposed minor subdivision will have no negative
affect on the criteria listed above.
Findings:
The following findings are used for a Minor Subdivision:
1. That the application is in compliance with the intent and purposes of the Minor
Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that
the Planning and Environmental Commission deems applicable.
2. That the application is appropriate in regard to Town policies relating to
subdivision control, densities proposed, regulations, ordinances and resolutions
and other applicable documents, environmental integrity and compatibility with
the surrounding land uses and other applicable documents, and effects on the
aesthetics of the Town.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves the final plat for the West Day Subdivision,
pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for the
resubdivision of the West Day Lot, Vail Marriott Mountain Resort, and Gore Creek
Residences properties, located at 720, 724, 728 West Lionshead Circle, 730 South
Frontage Road West, and 825 West Forest Road/Lots A-D, Morcus Subdivision and
Parcel 3 Lionshead Penthouses based upon the criteria evaluated in this
memorandum. The recommendation of approval includes the findings mentioned
above.
X. ATTACHMENTS
A. Vicinity Map
B. Copy of the proposed plat
C. Public notice