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Home My WebLink AboutPEC18-0025 Approved Documents (0:) TOWN OF VA 1 L ACTION FORM Planning& Environmental Commission(PEC) Department of Community Development 75 South Frontage Road West Vail,CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Vailpoint LLC 2018 Application Number: PEC18-0025 Application Type: Exemption Plat Review Date Applied: 05/25/2018 Project Description: Exemption Plat to consolidate three parcels under same ownership. Full narrative & graphic description attached. CONTACTS Contact Type: Applicant Full Name: Pylman & Associates, Inc. (Rick Pylman) Address: Pylman & Associates, Inc. 137 Main StreetC107W Phone: 9709266065 Edwards, CO 81632 Contact Type: Property Owner Full Name: VAILPOINT LLC Address: Phone: None Project Address: 366 HANSON RANCH RD (210108242003) (210108242003) Job Site Location: Legal Description: Subdivision: VAIL VILLAGE FILING 1 Lot: D Block: 2 Parcel Number: 210108242003 BOARDS/STAFF ACTION Motion By: Kjesbo Action: Approved Second By: Stockmar Vote: 6-2-0 (Gillette/Perez opposed) Date: 06/25/2018 Conditions: No Conditions. Planner: Jonathan Spence 366 Hanson Ranch Road Exemption Plat Application & Zone District Boundary Amendment Petition May2018 366 Hanson Ranch Road Exemption Plat Application & Zone District Boundary Amendment Petition May2018 Prepared for: VailPoint, LLC 100 Saint Paul Street Suite 400 Denver CO 80206-5140 Prepared by: Pylman &Associates, Inc. 137 Main Street C 107W Edwards CO 81632 970-926-6065 2 Table of Contents I. Introduction 4 II. Existing Conditions 4 III. Existing and Proposed Zoning 5 IV. Exemption Plat Review Criteria 8 V. Zone District Amendment Review Criteria 10 VI. Summary 14 VII. Existing Condition Photographs 15 Figure 1 —Existing Conditions Map 6 Attachments: Eagle County District Court Order and Decree Quieting Title Title Report Lot 1, 366 Hanson Ranch Road Subdiv isionExemption Plat 3 I. Introduction VailPoint, LLC, a Colorado limited liability company ("VailPoint") is requesting Town of Vail approval for two land use actions: (1) an Exemption Plat pursuant to Title 13, Chapter 12 of the Town of Vail Municipal Code("Code") and(2)a Zone District Amendment pursuant to Code Title 12,Chapter 3. The exemption plat encompasses property legally described as a Part of Lot d, Block 2, Vail Village First Filing and also including a portion of Lot d-1, Block 2,Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The request is for a consolidation of parcels currently described by metes and bounds into one single lot. The zone district amendment requests rezoning of a portion of Lot d-1, Block 2,Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The lands proposed for zone district amendment fall within the boundaries of the exemption plat. The property address is 366 Hanson Ranch Road. VailPoint is the legal owner of record of the lands within the boundary of the proposed exemption plat. The plat that accompanies this application is titled Lot 1, 366 Hanson Ranch Road Subdivision. Also submitted with this application in compliance with Code Section 13-3-6.B.3.q(5) is a title commitment prepared by Land Title Guarantee Company, noted as Order No. V50050360-5 with an effective date of April 30, 2018, in satisfaction of the requirement for evidence of VailPoint's ownership in fee simple of the lands within the proposed subdivision. In accordance with our pre-application conference on May 22,2018, it is our understanding that given the nature of this request, the Town is not requiring an environmental impact report, engineering plans,topographical map/grading plan,landscape plan,or other materials identified in Code Section 13-3-6.B.3.q. II. Existing Conditions In 1963,VailAssociates conveyed the entirety of Lot d, Block 2,Vail Village First Filing("Lot d") to Christiania-at-Vail, Inc. (Vail Point's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge,the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time—and apparently prior to enactment of subdivision regulations in the Town—Christiania- at-Vail,Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d,although 4 not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960's, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west,and the Tivoli Lodge to the east The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2,Vail Village Fifth Filing. The lands south of the home are a part of Tract E,Vail Village Fifth Filing. For as long as 50 years, the property within the proposed exemption plat has been surrounded by a fence. For whatever reason,the fence was not built on the deeded property line and instead encloses a larger area,both to the south and east. The previous owners have all treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title ("Court Order") to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The plat application seeks exemption plat approval,consolidating the landsinside the f enceinto a single parcel.' Simultaneously, the re-zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Roadproperty consists of 7,862 square feet. The additional areawithin the fence that the Court recognized as VailPoint's property is 5,380 square feet. III. Existing and Proposed Zoning Following the Town of Vairs incorporation in 1966, the town enacted a zoning ordinance for the first time in 1971. The lands in this neighborhood—including the existing home at 366 Hanson Ranch Road, the Christiania, the Tivoli and other neighborhood properties—were zoned as Public Accommodation District ("PA"). The goal of the PA Zoning is to create an active bed base that supports the Town's economic and land use objectives as a destination resort. 'While an exemption plat falls within the Town's subdivision regulations, the term"subdivision" is a misnomer in this situation. Rather than divide property, this application seeks consolidation of two existing parcels. 5 Specifically, as written in Article A, PA Zone District, Code Section 12-7A-1 Purpose of the Code, the stated intention of the PA zone district is to "provide sites for lodges and residential accommodations for visitors". The list of permitted uses does not include the existing use of a single family residence. In addition, the minimum lot size allowed in the PA Zone District is 10,000 square feet.As the home was apparently constructed prior to incorporation of the town and the establishment of the zoning the existing use is classified as a legal non-conforming use and the lot has been considered a legal non-conforming parcel. Although the Town's zone boundaries are not drawn at a scale sufficient to understand where exactly the boundary between districts actually lies, since zone district boundaries typically follow platted property lines,the property that is the subject of the Court Order—that is, the portion of Lot d-1, Block 2 Vail Village Fifth Filing and the portion of Tract E, Vail Village Fifth Filing that are within the fenced area—are presumably zoned Agricultural and Open Space ("A'). Consistent with Code Section 12-5-5's guidance that zone boundaries follow lot lines, a companion re-zoning application requests that the lands subject to the Court Order be zoned to match the existing PA Zone District of the remainder of the proposed lot. This will bring the lot into conformance with the 10,000 square foot minimum size requirement for the PA zone district and rectify the non-conforming lot status. The existing fence will become both the lot line and the zone district boundary. See Figure 1, Existing Conditions. 6