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HomeMy WebLinkAbout2018-01-22 PECPLANNING AND ENVIRONMENTAL COMMISSION TOWN OF UA11r"� January 22, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Present: Brian Gillette, Pam Hopkins, Karen Perez, John Rediker, and Brian Stockmar Absent: Ludwig Kurz and John -Ryan Lockman Site Visit for agenda item 3. 2. Main Agenda 2.1. A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a steel -frame tensile fabric shelter at the softball fields spectator plaza area, located at 580 South Frontage Road East (Ford Park) / Unplatted, and setting forth details in regard thereto. (PEC17- 0032) 5 min. The applicant has requested that this item be tabled to the March 26, 2018 meeting. Applicant: Town of Vail Planner: Jonathan Spence Motion: Table to March 26, 2018 First: Stockmar Second: Perez Vote: 5-0-0 2.2. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) 5 min. The applicant has requested that this item be tabled to the February 26, 2018 meeting. Applicant: Eileen Hyatt, represented by RKD Architects Planner: Matt Panfil Motion: Table to February 26, 2018 First: Gillette Second: Stockmar Vote: 5-0 2.3. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0054) 45 min. Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects Planner: Matt Panfil Motion: Approve, with one condition First: Stockmar Second: Gillette Vote: 4-1-0 (Perez Opposed) Condition of Approval: 1. Prior to the signing of the Planning Environmental Commission Certificate on the final plat of subdivision, the applicant shall provide the written approvals from all utility providers. Planner Panfil provided the commission with a brief background on the subject properties and the proposed reconfiguration of the lot line. The reconfiguration will allow the redevelopment of each property by reallocating the land and associated development standards. Bill Pierce representing the applicant made himself available for questions. Commissioner Perez asked for clarification regarding the submittal requirements and the type of survey. Perez questioned the title commitment and associated easements. Planners Panfil and Spence attempted to answer her questions. Mr. Pierce provided further information concerning the project. Commissioner Perez requested a copy of the title commitment. Commissioner Stockmar inquired as to whether the two properties were will under common ownership. Mr. Pierce responded yes. 3. 0 Mr. Rediker asked for a clarification on allowable GRFA for the two lots. Planner Panfil provided this information. Mr. Rediker asked for further clarification on the chart in the staff's memorandum. Panfil walked the commission through the chart. Commissioner Stockmar asked if the proposal would result in the creation of any nonconformities. Panfil answered no and provided additional information. Planning Manager Neubecker requested that the Commission refocus on the criteria in the subdivision code for approval. Commissioner Stockmar spoke to the scope of the project and the lack of nonconformities created, resulting in no objections. Commissioner Gillette agrees with staff. Commissioner Perez spoke of her analysis of the project and the need for an updated title commitment. Commissioner Hopkins agrees with the staff memorandum. Commissioner Rediker generally agrees with staff's memo and would be more concerned if the allotments resulted in significant changes. Motion: Approve with condition First: Stockmar Second: Gillette Vote: 4-1-0 (Perez opposed) Approval of Minutes 3.1. January 8, 2018 PEC Results Motion: Approve First: Stockmar Second: Gillette Vote: 5-0-0 Adjournment Motion: Adjourn First: Stockmar Second: Perez Vote: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2017 SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by Jack Snow, RKD Architects Planner: Matt Panfil The applicant, Eileen Hyatt, represented by Jack Snow of RKD Architects, has requested that this item be tabled indefinitely in order to address the potential need for additional variances. TOWN OF VA10 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January22, 2018 ITEM/TOPIC: A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive/Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0054) ATTACHMENTS: File Name PEC 17-0054_-_S taff_M emo. pdf Attachment A_-_Vicinity_Map.pdf Attachment B_-_Plan_Set.pdf Description Staff Memo to PEC Attachment A - Vicinity Map Attachment B - Plan Set Attachment C_-_Proposed_Plat of Subdivision.pdf Attachment C - Proposed Plat of Subdivision TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 22, 2018 SUBJECT: A request for review of a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17- 0054) Applicant: Golden Peak Enterprises, LLC, represented by Pierce Architects Planner: Matt Panfil I. SUMMARY The applicant, Golden Peak Enterprises, LLC, represented by Pierce Architects, is requesting the review of a final plat of subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the reconfiguration of the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1. 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 approval, with one condition, of this application, subject to the findings in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Golden Peak Enterprises, LLC, represented by Pierce Architects, is requesting the review of a final plat of subdivision to allow for the reconfiguration of the shared property line forming the west boundary of 814 Potato Patch Drive (Lot 3) and the east boundary of 815 Potato Patch Drive (Lot 2). The purpose of the proposed subdivision is to facilitate extensive renovations of the single-family residences located on each lot. If approved, the proposed subdivision would allow the applicant to perform their desired renovations while maintaining each individual lot's compliance with the Town of Vail Zoning and Subdivision Regulations. The graphic below shows the existing property boundary (straight line — blue) in comparison to the proposed subdivision (zigzag line — orange): do ! yr •Acc exnl k T 1 4,a ,7'�' `Op T ' p�oEA� • Z 1 fur •►n 1/2 OM1/ :.0 -iB 1/2 A vicinity map (Attachment A), Plan Set (Attachment B), and a Final Plat (Attachment C) are attached for review. III. BACKGROUND The subject properties were annexed into the Town of Vail in 1969 via Ordinance No. 8, Series of 1969. The subject properties are under the same ownership and there is currently a pedestrian connection between the two properties. 814 Potato Patch Drive (Lot 3) Construction of the existing single-family residence located at 814 Potato Patch Drive (Lot 3) was completed in 2001. At the time of its construction, the primary purpose of the single-family residence was to be used as a private art gallery. Therefore, the Town of Vail Page 2 design concept for the project was to maximize display area and volume with the potential to add bedrooms and other internal divisions at a later date. At the southern portion of the lot, there is a private access drive that, in addition to the subject property, allows access to the driveways of 800, 802, and 808 Potato Patch Drive. 815 Potato Patch Drive (Lot 2) Construction of the existing single-family residence located at 815 Potato Patch Drive (Lot 2) was completed in 1999. A detached 423 square foot caretaker unit located at the south end of the site was approved in association with the single-family residence. IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 2, Definitions (in part) BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%) slope. DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi- unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. Chapter 6, Article D. Two Family Primary/ Secondary Residential (PS) District (in part) 12-6D-1: PURPOSE.- The URPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with Town of Vail Page 3 single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: PERMITTED USES.- The SES: The following uses shall be permitted.- Employee ermitted: Employee housing units, as further regulated by chapter 13 of this title. Single-family residential dwellings Two-family residential dwellings 12-6D-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eight feet (80) on each side, within its boundaries. 12-6D-6: SETBACKS.- In ETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). 12-6D-8: DENSITY CONTROL.- A. ONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14, 000) square feet.- a. eet: a. The property was annexed into the town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14, 000) square feet. b. The property as of April 1, 2016, contained two (2) dwelling units on a lot less than fourteen thousand (14, 000) square feet. c. At no time between the property's annexation and April 1, 2016, did the property contain less than two (2) dwelling units. Town of Vail Page 4 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. B. Gross Residential Floor Area.- 1. rea: 1. The following gross residential floor area (GRFA) shall be permitted on each site.- a. ite: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area, plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area, plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area, plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). C. Employee Housing Units: Notwithstanding the provisions of subsections A and 8 of this section, a type I employee housing unit shall be permitted on lots of less than fourteen thousand (14, 000) square feet in accordance with the provisions of chapter 13 of this title. Any type 1 employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are demolished, in which case the zoning on the property shall apply. However, an existing type I employee housing unit may be replaced with a type 11 employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12-6D-9: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site area. Town of Vail Page 5 12-6D-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12-6D-11: PARKING.- Off ARKING: Off street parking shall be provided in accordance with chapter 10 of this title. Title 13 — Subdivision Regulations, Vail Town Code Chapter 1, General Provisions (in part) 13-1-2: PURPOSE: A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes.- 1. urposes: 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. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Town of Vail Page 6 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 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. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 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 throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-1-3: COMPLIANCE: A. General Prohibition: It is unlawful for any person, business, or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee, or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the administrator, planning and environmental commission and/or the council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County clerk and recorder, provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller's failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection. B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or Town of Vail Page 7 in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter. C. Responsibility: The owner, developer, buyer, or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter. Chapter 2, Definitions (in part) SUBDIVISION OR SUBDIVIDED LAND.- A. AND: A. Meaning.- 1. eaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units, or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land.- 1. and: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property. Town of Vail Page 8 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or adjoining property. E. 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. F. Single -Family Subdivision: A subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two-family dwelling. Each such dwelling shall be separated from any other dwelling by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary Findings.- 13-3-4.- indings: 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS Town of Vail Page 9 The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. 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-C of this chapter. 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. ubdivision: 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 Town of Vail Page 10 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. ubdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 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. Chapter 4, Minor Subdivisions (in part) 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows.- A. ollows: A. Submission Of Proposal; Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain of these requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. PEC Public Hearing: Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the planning and environmental commission shall hold a public hearing to consider the final plat. The administrator shall cause a copy of a notice of the time, place and general Town of Vail Page 11 nature of the hearing and proposal to be published in a newspaper of general circulation in the town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and subdivider. The review shall be based on the criteria and necessary findings in section 13-3-4 of this title. D. Appeal: Within twenty (20) days the decision of the planning and environmental commission on the final plat shall be transmitted to the council by the staff. The council may call up the decision of the planning and environmental commission within twenty (20) days of the planning and environmental commission's action. If council appeals the planning and environmental commission decision, the council shall hear substantially the same presentation by the applicant as was heard at the planning and environmental commission hearing(s). The council shall have thirty (30) days to affirm, reverse, or affirm with modifications the planning and environmental commission decision, and the council shall conduct the appeal at a regularly scheduled council meeting. V. ZONING AND SITE ANALYSIS Addresses: Legal Descriptions: Zoning: Land Use Plan Designations: Current Land Uses: Geological Hazards: View Corridor: 814 (Lot 3) and 815 (Lot 2) Potato Patch Drive Vail Potato Patch Filing 1, Block 1, Lot 2 and Lot 3 Two -Family Primary/Secondary Residential (PS) Low Density Residential Single -Family Residences Steep Slopes > 40% None Development Allowed / Existing 7proposed Change Standard Required 814 Potato Patch Drive (Lot 3) Site Area 15,000 SF of 21,083 SF 20,024 SF -1,059 SF Buildable Area (Unknown Buildable) (15,006 Buildable) Front: 20' Front (S): > 20' Front (S): > 20' Setbacks Sides: 15' Side (E): > 15' Side (E): > 15' No Change* Rear: 15' Side (W): > 15' Side (W): > 15' Rear (N): > 15' Rear (N): > 15' Density (DUs) Max. 2 1 DU No Change Town of Vail Page 12 Density 7,153.1 SF Unknown N/A N/A (GRFA) Site Coverage Max. 20% 10.6%** 18.2% +7.6% (4,005 SF) (2,227 SF) (3,652 SF) (+1,425 SF) Landscaping Min. 60% 66.1 %** 60% -6.1% (12,014 SF) (13,944 SF) (12,028 SF) (-1,916 SF) 815 Potato Patch Drive (Lot 2) Site Area 15,000 SF of 26,239 SF 27,298 SF +1,059 SF Buildable Area (Unknown Buildable) (21,497 Buildable) Front — 20' Front (S): > 20' Front (S): > 20' Setbacks Sides — 15' Side (E): > 15' Side (E): > 15' No Change* Rear — 15' Side (W): > 15' Side (W): > 15' Rear (N): > 15' Rear (N): > 15' Density (DUs) Max. 2 1 DU No Change Density 8,098.7 SF Unknown N/A N/A (GRFA) Site Coverage Max. 20% 15%*** 19.2% +4.2% (5,460 SF) (3,9312 SF) (1,3145,246 SF) (+1,314 SF) Landscaping Min. 60% 74.5%*** 66.6% -7.9% (16,379 SF) (19,536 SF) (18,179 SF) (-1,357 SF) * Architectural projections, decks, balconies, steps, bay windows, etc. will be reviewed as part of a subsequent Design Review Board application. ** Based on approval of a new single-family residence in 2000 (DRB000057). *** Based on approval of a new single-family residence in 1997. VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: N/A (USFS) N/A (USFS) South: Low Density Residential Two -Family Primary/Secondary Residential East: Low Density Residential Two -Family Primary/Secondary Residential West: Low Density Residential Two -Family Primary/Secondary Residential U/IN AN I =kTIM61 N 1110 4 N 0 The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 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 finds that the proposed subdivision is consistent with all 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. While the Comprehensive Plan is does not discuss single-family and duplex subdivisions in great detail, Goal 1.3 of the Vail Land Use Plan states, "the quality of Town of Vail Page 13 development should be maintained and upgraded whenever possible." If approved, the proposed subdivision would facilitate upgrades to two (2) single- family residences. Staff finds the proposed subdivision meets this criterion. 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 Staff finds that the proposed subdivision is in compliance with all of the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. As proposed, the two (2) development lots meet all development standards for the Two -Family Primary/Secondary (PS) District. Staff finds the proposed subdivision meets this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff finds that the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. While the proposed shared property line is unusual in its zigzag shape, there is no prohibition against such property lines within the Vail Town Code. The proposed subdivision will not negatively impact the existing relationship among land uses, but it will facilitate renovations and upgrades to two (2) existing single-family residences. Staff finds the proposed subdivision meets this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff finds that the proposed subdivision will have no negative impacts on the future development of the surrounding area. Instead, the proposed subdivision furthers the implementation of the Town's development objectives by facilitating upgrades and renovations to two (2) existing single-family residences. Also, the surrounding area has been developed and an alteration to a shared private property line between the subject properties will not affect the surrounding area, now, or in the future. Staff finds the proposed subdivision meets this criterion. Town of Vail Page 14 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 Staff finds that the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. Staff finds the proposed subdivision meets this criterion. 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 Staff finds that the proposed subdivision is already served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. Staff finds the proposed subdivision meets this criterion. 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 finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole because there will be no negative impact to the community as a whole while facilitating the community's goal to allow for the maintenance and upgrading of existing development within the Town. Staff finds the proposed subdivision meets this criterion. 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 finds that the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds the proposed subdivision meets this criterion. Town of Vail Page 15 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with one condition, of a final plat pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with one condition, this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive / Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve, with one condition, this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission include the following condition: "Prior to the signing of the Planning Environmental Commission Certificate on the final plat of subdivision, the applicant shall provide the written approvals from al utility providers." Should the Planning and Environmental Commission choose to approve, with one condition, this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: 'Based upon a review of Section Vll of the January 22, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the subdivision is in compliance with the criteria listed in Section 13-3-4, Minor Subdivisions, Vail Town Code, and Town of Vail Page 16 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. own, 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 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. " IX. ATTACHMENTS A. Vicinity Map B. Plan Set, prepared by Pierce Architects, received January 15, 2018 C. Proposed Plat of Subdivision, prepared by Brent Biggs, Professional Land Surveyor, dated January 8, 2018, and received January 15, 2018. Town of Vail Page 17 Rfl. LiLL -,,q"N I'dwd 2 r 01 - a rw N /99L8001Itln 6ovj yam �w r HG HOlVd OltllOd 9 L8 O 30N341S3b HOldd OiViOd �02200w a0Q Xco - �1 O X o OD o � m \ , LL] z z LL] �Q jQ� Lu LL] Q W pC Q OC � (U Q C) Q W W LU U) �� C, > >/Zo U �ILL g UH � LL o m -2 U) QU) Q)o (n0 u Cl! m� � �r �� N U)� T O N � w - 'o 00 Q WIr J Q Q U) Q J W CO ILL if (n co Z ," m o L g rn zz � N O N O LO L1M I'12"E 131.97' Z� ?. I e s� siP Q I Ld s k@W4 3 s� 0. b R R so F_ m® alkas 2..�gk o� � I I gm. Jbb., tel fia ! e 5� o I a is �W�e�ga.o€a baa `€sg��==mW€ `��4g�m. p ;;BRIG ` I• �W° I el I s'esbkek s .R k@W4 3 0. b I I I d l I I I m® alkas 2..�gk o� � = 1 I gm. Jbb., tel fia ! e 5� o I a is �W�e�ga.o€a baa `€sg��==mW€ `��4g�m. p ;;BRIG ` s'esbkek o 3 $'". .4 Man, --Gs W _oW H � Esoki£r[2 �Fa s�gg38ffi I� u X08 .R � l4 b I I I d l I I I m® TOWN OF VA10 VAI L TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January22, 2018 ITEM/TOPIC: January 8, 2018 PEC Results ATTACHMENTS: File Name pec results 010818.pdf Description January 8, 2018 PEC Results TOWN OF VA10 PLANNING AND ENVIRONMENTAL COMMISSION January 8, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Absent: None 2. Main Agenda 2.1. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive/Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0054) 5 min. Applicant has requested this item be tabled to the January 22, 2018 PEC Meeting. Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects Planner: Matt Panfil Motion: Table to January 22, 2018 First: Kurz Second: Stockmar Vote: 6-0-0 (Gillette Absent from Vote) 2.2. A work session regarding a request for a recommendation to the Vail Town Council on the adoption of the 2017 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17-0049) 5 min. Applicant has requested this item be tabled to the February 26, 2018 PEC Meeting. Applicant: Town of Vail, represented by Tom Braun, Braun and Associates Planner: Chris Neubecker Motion: Table to February 26, 2018 First: Stockmar Second: Kurz Vote: 7-0-0 3. Approval of Minutes 3.1. December 11, 2017 PEC Results Motion: Approve First: Gillette Second: Stockmar Vote: 5-0-2 (Kurz and Perez Recused) 4. Informational Update 4.1. Discussion regarding Form Based Code 30 min. Jonathan Spence provided a PowerPoint presentation to the PEC regarding form based codes. Spence began with an introduction to the concept and history of such codes. Spence provided an example of a form based code prepared by Matt Panfil, Town Planner, for a different community. Spence continued by discussing the purpose, types, and uses of form based codes. Form based codes rely on graphics more than a traditional zoning ordinance. Rediker asked questions regarding the legal procedures and the size and scales of form based codes. Spence stated that form based codes place emphasis on the design of the public realm. He also discussed potential uses of form based codes in the Town of Vail. Spence analyzed how a form based code differs from the current zoning regulations in the Vail Town Code. Perez stated that she was on the Denver Plan Commission when the City began incorporating a form based code. She discussed different examples of her experience with form based codes and stated her belief that form based codes can be helpful for areas with unique characteristics. Rediker asked if, due to the extensive nonconformities in Town, using a form based code be a way to address these issues. Spence replied that it depends on whether or not the nonconformities are deemed desirable or not. Gillette added that he had a positive experience in Denver in that a form based code made clear the potential massing of a project, but the code fell short in addressing the smaller details that gave the neighborhood its character. Rediker asked if staff felt form based codes would be limited to commercial areas or if it would extend to residential areas. Hopkins added that she viewed it more as people based zoning. Rediker asked how typically restrictive form based codes are. Spence referenced examples of graphics used in existing form based codes. Rediker stated that he could see the use of a form based code in taking separate elements of Town plans and codes and beginning to harmonize them into one document. Gillette concurred. 4.2. Gore Creek Macro Invertebrate Score Update 30 min. Pete Wadden, Watershed Coordinator, provided a PowerPoint presentation that summarized the 2016 Gore Creek macro invertebrate score. The first topic discussed by Wadden referenced the sampling methods and how the samples are analyzed and turned into usable data. Wadden included information about the various macro invertebrates that are commonly found in Gore Creek. Gillette asked about the relationship between weather and bug counts and if temperature was included in analysis. Gillette suggested graphics that could incorporate additional factors like temperature. Rediker asked if the change in altitude affected survey results. Wadden stated that there are different zones based on characteristics like altitude, but Gore Creek lies within one consistent zone. Wadden continued by summarizing the 2016 survey results and comparing the results to previous years. There was reasonable progress in 2016, except above the confluence of Gore Creek and Eagle River. The PEC, Wadden, and Kristen Bertuglia, Environmental Sustainability Manager, had a lengthy discussion on potential causes of impairment and what measures may be having a positive overall affect on Gore Creek. Wadden presented survey information specific to Red Sandstone Creek, which has high scores at the top of the creek, but the scores drop significantly after going through developed areas. 5. Adjournment Motion: Adjourn First: Perez Second: Kurz Vote: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000175777-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 1/5/2018 and that the last publication of said notice was dated 1/5/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 1/8/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 1/8/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811-y 1LYrt4L als�6 Nbrarev;RDgriD. ppTARY'[7:ldSfdOg938A' N'/ CGY�W;SIDH %'%c71lw4AUCii15P9,2�' THIS TEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN thatthe Planning and Pr—r menial Commission of the Town of Vail will hold a public hearing in accordance with section 12- 3-6, Vail Town Code, on —eey 22, 201 a et 1:00 Pm In the Town of Veil Municipal Building. No new gems have been submitted for this maedng. Tabled or w,b,ueditems tom previous meetings may be scheduled for this meelh,g date. The applicatbns and information about the propos- Isare available f«Wblic inspech-during ifi- hours at the Town of Vail Communl Devel Department 75 South Frontag Road. The public 21nvited to aQud site visits. Plea —11970 79- 38 «visit www.vailcov.wnJdanninc for addition - .1 infomation. SIg language Interpretagon available upon request with 24-hour nod ioation, dial 711. Published January 5, 20181, the Vail Daly. 00001]5- Ad #: 0000182726-01 PLANNING AND EN J11—yVIRONMENTAL COMMI TSION .W PM Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM o— Council Chamber's 75 S. Frontage Road - Vail, Colorado, 81657 Your account number is: 1023233 1. Call to order 1.1.814 & 815 Potato Patch Drive PROOF OF PUBLICATION 2. Main Agenda 2,1.A report to the Planning antl EnN- Baa"o a ame�om°ent an .i, in"g C rdiflaZ VAIL DAILY P W Use Permit, pursue. t. Section 12-16-10, Amend STATE OF COLORADO _'t Procedures, Vail Town Code, to allow for z steel- r— tensile fabric shelter at the softball fields spectator plaza area, located at 580 South Frontage COUNTY OF EAGLE Road East (Ford Park)/Unplatted, nd sathng h ni- details in regain the,-. (PERT]-Ws2) s mm. The applicant has requested that this item be tabled I, Mark Wurzer, do solemnly swear that I am Publisher of tothe March26,2018 mealing. the VAIL DAILY, that the same daily newspaper printed, in Aplicant Town of Vail PP^nor: Jonathan Spence whole or in art and published in the Count of Eagle, P P Y 9 quast f°, there Iew f a -r;ance tr.m Seation 12-6D-6, Sethacks, Val Town code, m..mance with the pmvis;nns . State of Colorado, and has a general circulation therein, Section 12-17-1, variances, Vail Town code, he all. for a brace to a aide setback, located at 1200 that said newspaper has been published continuously and Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting hurt, details In regard morel.. (PEC1]-004]) 5 in uninterruptedly in said County of Eagle fora period of The he, that the its. betabled more than fifty-two consecutive weeks next prior to the applman, rsquseted In.antaEoatl—afinsAppli loan Hy represented by RKD first publication of the annexed legal notice or Achiecs Planner: MaftPanm advertisement and that said newspaper has the 2.3. A request for review of a awlsolat,,ppur WTitle,13Chapter 4, Minor Slut, published requested legal notice and advertisement as requested. r to ul s io �a'h1814 W oI'Patch ossa ae,of 32 BPocF ar,.=. 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, am sefting forth details in regard thereto. (PEC17-0054 45 min. The VAIL DAILY is an accepted legal advertising medium, Applicant. Gold- PeakEnts,risesLLC, presented by Pierce Architects only for jurisdictions operating under Colorado's Home Planner: Man PenSl Rule provision. 3. 31JanMinutes ann uary 8, 2018 PEC Results 4. Adjournment The applications and information about the propos That That the annexed legal notice or advertisement was for public inspection dunng regular afli a hours at the Town of Vail Community Develop published in the regular and entire issue of every number t Department, 75 South Frontage Read. The ,nein isln,itedt0att,adtheproject.dentch-and of said daily newspaper for the period of 1 insertion; and the site visits that phi a the public hearing in the Town of Vail Community Deval,pmant Departmert. that the first publication of said notice was in the issue of P Times and order of items are approximate, subject a^ change, and ran,. be rell.d upon tb deterroine what time the Planning antl Environmental Com - said newspaper dated 1/19/2018 and that the last will consider an item. Please call (970) 479 - 2138 for addhional information. Please call 711 to publication of said notice was dated 1/19/2018 in the issue sign language Interpretation 48 hour prior to meet - co mun of said newspaper. ny, Development Department Published in the Vail DaillyJanuary19,2018 W00182726 In witness whereof, I have here unto set my hand this day, 1/23/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 1/23/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811-y 1LYrt4L als�6 rebrarew RuaLID. iGFF <7i'Ll7l{14AD(3 ppTARY'[7:ldSfd09938A' N'/ Cf,;SIDN %'%c71lw4FIiGi15P9,2�'