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Home My WebLink About2012-35 Approving a Preliminary Plan for Major Subdivisions Creating Parcels 1 and @ of Ever Vail SubdivisionRESOLUTION NO. 35 SERIES OF 2012 A RESOLUTION APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION CREATING PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION, PURSUANT TO SECTIONS 13-3-4 AND 13-3-5 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS WHEREAS, Section 13-3-4 of the, Vail Town Code, sets forth the procedures for approval of a preliminary plan for a major subdivision; WHEREAS, the Town has received an application for approval of a preliminary plan for a major subdivision (the "Preliminary Plan") for the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on January 10, 2011, the Town of Vail Planning and Environmental Commission (the "PEC") held a properly noticed public hearing on the Preliminary Plan; WHEREAS, the applicant and the Town have agreed that final approval of the Preliminary Plan should be made by the Town Council, rather than the PEC, without the necessity of a formal appeal by the Town Council pursuant to Section 13-3-5(C) of the Vail Town Code; WHEREAS, the PEC has forwarded to the Vail Town Council (the "Town Council") a recommendation of approval of the Preliminary Plan, with certain conditions; WHEREAS, on or about September 14, 2011 and December 4, 2012, the Eagle River Water & Sanitation District submitted written and verbal comments on the proposed Preliminary Plan, and requested that certain items be addressed prior to the redevelopment of the Property; WHEREAS, the Town Council acknowledges that the issues raised by the Eagle River Water & Sanitation District are of concern to the Town and that the appropriate time to address them is during the development review process for the Ever Vail development; WHEREAS, when the Frontage Road is relocated, the Final Plat for the Ever Vail Subdivision can be submitted for approval; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 1 �v�sno�2 IIVWS-STORAGEIDESKTOPSSITNAGELIDESKTOPIRESOLUTION NO. 35, SERIES OF 2012 EVER VAII PRELIM/NARY PLAN 121812.DOCX WHEREAS, the applicant and the Town have agreed that the final approval of the Final Plat, when it is submitted for approval, should be made by the Town Council, rather than the PEC, pursuant to Section 13-3-10 of the Vail Town Code, without the necessity of a formal appeal by the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Factors Considered. Pursuant to Section 13-3-4(A) of the Vail Town Code, the Town Council has considered the following factors prior to making its determination on the application for approval of the Preliminary Plan for Parcels 1 and 2 of the Ever Vail Subdivision: a. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Town's comprehensive plan and is compatible with the development objectives of the Town; b. The extent to which the proposed subdivision complies with all of the standards of Titles 12 and 13 of the Vail Town Code; c. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; d. The extent of the effects on the future development of the surrounding area; e. 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 f. 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; g. 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 h. 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. 2 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIRESOLUTION NO. 35, SER/ES OF 2012 EVER VA/L PREL/MINARY PLAN 121812.DOCX Section 2. FindinQS. Pursuant to Section 13-3-4(B) of the Vail Town Code and based on the evidence and testimony presented in consideration of this resolution, the Town Council finds and determines as follows: a. The subdivision is in compliance with the criteria listed in Section 1 hereof; b. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Town's comprehensive plan and compatible with the development objectives of the Town; c. The subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. 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. Section 3. Approval. Based on the foregoing findings, the Preliminary Plan for the major subdivision of the Property, creating Parcels 1 and 2 of the Ever Vail Subdivision, is hereby approved. Section 4. Final Plat. a. The Final Plat for the Ever Vail Subdivision shall not be approved prior to the relocation of the Frontage Road and compliance with all applicable requirements of the Vail Town Code, including without limitation Section 13-3-14. b. Because the Town Council finds and determines that a reasonable time for the relocation of the Frontage Road is eight years, the Preliminary Plan approval set forth in Section 3 hereof shall not expire until December 31, 2020, in lieu of the one-year expiration set forth in Section 13-3-6(A) of the Vail Town Code . Prior to December 31, 2020, the applicant shall obtain approval of the Final Plat for the Ever Vail Subdivision pursuant to Title 13 of the Vail Town Code, or the Preliminary Plan approval set forth in this resolution shall expire without any further action of the PEC or the Town Council. c. If the Final Plat is consistent with the Preliminary Plan, the final approval of the Final Plat shall be made by the Town Council, rather than the PEC, without the necessity of a formal appeal by the Town Council pursuant to Section 13-3-10 of the Vail Town Code. The Town Council's consideration of the Final Plat shall occur at a public hearing, and no hearing before the PEC shall be required. The criteria for approval of the Final Plat shall be as set forth in Section 13-3-7 of the Vail Town Code. d. If the Final Plat is inconsistent with the Preliminary Plan, the Final Plat shall be submitted to the PEC first, pursuant to Section 13-3-9 of the Vail Town Code, and the PEC shall make a recommendation to the Town Council. The Town Council shall consider the Final Plat without the necessity of a formal appeal pursuant to Section 3 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIRESOLUT/ON NO. 35, SERIES OF 2012 EVER VAIL PRELIMINARY PLAN 121812. DOCX 13-3-10 of the Vail Town Code. The Town Council's consideration of the Final Plat shall occur at a public hearing, and the criteria for approval of the Final Plat shall be as set forth in Section 13-3-7 of the Vail Town Code. 4 �v�sno�2 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIRESOLUT/ON NO. 35, SERIES OF 2012 EVER VAIL PREL/M/NARY PLAN 121812.DOCX INTRODUCED, PASSED AND ADOPTED this 18th day of December, 2012. ATT . rel i Donaldson, Town Clerk Andrew P. Daly, Ma ��OF. Vq/� O• % . �: A� : . � . .� . . . . . . . . ; �, ' � . ,. '•••....• • : e. . 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIRESOLUT/ON NO. 35, SERIES OF 2012 EVER VAIL PRELIMINARY PLAN 121812.DOCX � % ARRLfYlNARY PLAN � .,,r.- ° BYBR Vdlt A RBSUBDIVISlON OF SDUTB FRONTACS ROAD SUBDIYfSION, /� LOT 61, CLEN LYON SUBD/VlSION AND A PoRT/ON OP TN6 SI y� OP SBCTlON 6, A PART OF Td8 Ni► Y� OF S6CTlON 7, / TOIINSHlP 5 SOUTN, RANGE 80 IIEST 0/ TNE 6TH ?.Y. 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