HomeMy WebLinkAboutPEC041105MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 2005
SUBJECT: A request for final review of a final plat for a major subdivision application,
pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for
the creation of the Vail Mountain Park Subdivision; a final review of a
variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for the creation of a new
lot less than 35 acres in size, located at Tract E, Vail Village, Fifth Filing and
a part of Lot C, Block 5-C, Vail Village First Filing, and setting for details in
regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, Inc.
Planner: George Ruther
1. SUMMARY
The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a
final review of a major subdivision application and a variance from Section 12-8A-5,
Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town
Code, to allow for the creation of a new lot less than 35 acres in size and to create
the "Final Plat. Vail Mountain Park. a resubdivision of Tract E. a resubdivision
First Filing, and Golden Peak House, Town of Vail, County of Eagle, State of
Colorado". As a result of the subdivision, Tract 1 (0.485 acres) will be created. Staff
is recommending approval of the applicant's development review applications as
listed in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Vail Resorts Development Company, represented by Braun
Associates, Inc., is requesting final review of a major subdivision application and a
variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter
12-17, Variances, Vail Town Code, to allow for the creation of a new lot less than 35
acres in size and to create the "Final Plat, Vail Mountain Park, a resubdivision of
Tract E. a resubdivision of Tract E. Vail Village, Fifth Filing and a part of Lot C,
Block 5-C. Vail Villaae. First Filina. and Golden Peak House, Town of Vail,
County of Eagle, State of Colorado". As a result of the subdivision, Tract 1 (0.485
acres) will be created. The sole purpose of the final plat is to resubdivide Tract E
into two parcels; Tract I and Tract E. Tract I, pursuant to a Bargain and Sale Deed,
executed on May 19, 2004, will remain the property of the Town of Vail. The
C remaining portion of Tract E shall remain the property of Vail Associates.
III. BACKGROUND
On September 22, 2003, the Town of Vail Planning & Environmental Commission
approved a conditional use permit and an approved development plan for the
Founder's Parking Garage and Park, located on Lot P-3, Vail Village, Fifth Filing.
Upon approving the request, the Commission placed the following condition upon the
approved development plan,
That the Developer provides a deed, at his sole expense, to the Town of Vail,
legally transferring that portion of land under Pirate Ship Park, as generally
described in Exhibit A (attached), to the Town of Vail, prior to the issuance of a
building permit for the construction of Vail's Front Door Project improvements
(includes Founder's Parking Garage and Park). The terms and conditions of said
transfer shall be reviewed and approved by the Town of Vail.
IV. SURROUNDING LAND USES AND ZONING
Land Use
Zoning
North:
Mixed Use Development
Commercial Core I
South:
Residential/Ski Yard
Primary/Secondary &
Ski Base Recreation II
East:
Mixed Use Development
Commercial Core I
West:
Recreation
Ski Base Recreation II
V. CRITERIA AND FINDINGS
Chapter 3, Major Subdivision, Title 13 Subdivision Regulations, of the Vail Town
Code prescribes the review criteria for a request for a major subdivision. Pursuant to
Section 13-3-6, Final Plat, Vail Town Code, the criteria for reviewing the final plat
shall be as contained in Section 13-3-4 of the Subdivision Regulations. According to
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"
The sole purpose of the final plat is to resubdivide Tract E into two parcels;
Tract I and Tract E.
One of the basic premises of subdivision regulations is that minimum standards for
the creation of a new lot must be met. This project will be reviewed under the Major
Subdivision Criteria, pursuant to Section 13-3-4, Subdivision Regulations, Vail Town
Code.
The first criterion to be considered by the Planning and Environmental Commission
for a Major Subdivision application is:
Lot Area - The Zoning Code requires that the minimum lot or site area for a
lot located in the Agricultural & Open Space zone district shall be 35 acres.
Staff Response - The proposed size of the newly created Tract I is 0.485
acres or 21, 127 square feet. In order for the Planning & Environmental
Commission to approve this major subdivision application request, the
accompanying variance application must be approved simultaneously. In the
absence of the variance request approval, the major subdivision application is
null and void.
The second set of criteria to be considered by the Planning and Environmental
Commission for a Major Subdivision application is the subdivision purpose
statements. The subdivision purpose statements are as follows:
1. To inform each subdivider of the standards and criteria by which development and
proposals will be evaluated and to provide information as to the type and extent of
improvements required.
Iftw
Staff Response - The review of this request has followed the regulations prescribed
for major subdivisions of land.
2. To provide for the subdivision of property in the future without conflict with
development on adjacent properties.
Staff Response - The subdivision will not conflict with future development on
adjacent properties.
3. To protect and conserve the value of land throughout the municipality and the value
of buildings and improvements on the land.
Staff Response - Staff does not believe that the proposed subdivision request will
have any negative impacts on the value of land or the value of buildings and
improvements on the land.
4. To insure that subdivision of property is in compliance with the Town Zoning
Ordinance, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
Staff Response - The proposed subdivision meets the intent and purpose of the
Zoning Regulations for the parcel of land and will not prevent the harmonious,
convenient or workable relationship of uses consistent with the Town's municipal
objectives.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreational and
other public requirements and facilities and generally to provide that pubic facilities
will have sufficient capacity to serve the proposed subdivision.
Staff Response - Staff does not believe the requested major subdivision will have
any adverse impacts on the above-described criteria. In fact, staff believes that the
approval of this major subdivision request endures the presence of Pirate Ship Park
into the future.
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 proposal will result in an accurate legal description of the
subdivided land.
7. To prevent the pollution of air, streams, and ponds, to insure adequacy of drainage
facilities, to safeguard the water table and to encourage the wise use and
management of natural resources throughout the municipality in order to preserve
the integrity, stability and beauty of the community and the value of land.
Staff Response - Staff does not believe the proposed major subdivision will have
any negative impacts on the above-described criteria.
Staff has reviewed the application for the major subdivision. Upon review of the
proposed final plat, staff finds that the proposal complies with the criteria prescribed
for a major subdivision application.
A reduced copy of the proposed final plat has been attached for reference
(Attachment A).
Chapter 17, Variances, Title 12, Zoning Regulations, Vail Town Code prescribes the
criteria for the review of a variance from the minimum lot size requirements.
According to Section 12-17-1, Purpose, Vail Town Code, the reasons for seeking a
variance is,
"In order to prevent or to lessen such practical difficulties and unnecessary
physical hardships inconsistent with the objectives of this title as would result
from strict or literal interpretation and enforcement, variances from certain
regulations may be granted. A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site or the
location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance".
Furthermore, according to Chapter 17,
"Variances may be granted only with respect to the development standards
prescribed for each district, including lot area and site dimensions, setbacks,
distances between buildings, height, density control, building bulk control, site
coverage, usable open space, landscaping and site development, and
parking and loading requirements; or with respect to the provisions of
Chapter 11 of this title, governing physical development on a site".
Before acting on a variance application, the planning and environmental commission
shall consider the following factors with respect to the requested variance:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Staff Response:
The applicant is requesting approval of a variance to allow for the creation of a new
lot in the Agricultural & Open Space (AgO) zone district that is less than 35 acres in
size. The purpose of the major subdivision is to allow for the creation of Tract I
which shall be legally subdivided from Tract E, Vail Village, Fifth Filing. Pursuant to
a Bargain and Sale Deed executed between the Town of Vail and Vail Corporation
on May 19, 2004, the Town of Vail is now the owner of the land area commonly
known as "Pirate Ship Park". Prior to May 19th, the Town operated a public park on
Tract E in accordance with the terms and conditions of a land lease with Vail
Corporation.
If approved, staff believes that the variance from the minimum lot size standard will
not result in any negative impacts on the existing or potential uses and structures in
the vicinity of Tracts E & I. "Public parks, recreation areas, and open spaces" are
permitted uses within the Agricultural & Open Space zone district. Given the recent
improvements completed by the Town of Vail for Pirate Ship Park, it can be
reasonably inferred that the public park use will remain well into the foreseeable
future. Existing covenants, conditions and restrictions with the Vail Village, Fifth
Filing, Subdivision, and terms of the Bargain and Sale Deed strictly limit the use of
future Tract I to a "public park and for public park purposes" in perpetuity. In the
event that any of these terms and conditions are breached by the Town, the
ownership of Tract I shall revert to Vail Corporation
2. The degree to which relief from the strict or literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objectives of this title without
grant of special privilege.
Staff Response:
The applicant has requested the minimum amount of relief from the strict and literal
interpretation of the minimum lot size regulation necessary to achieve compatibility
and uniformity of treatment to attain the objectives of the Zoning Regulations with a
grant of special privilege. The proposed lot size, (0.485 acres), is the resulting lot
size of the defined boundaries of the existing park and associated improvements.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff Response:
Staff believes that there will be no negative effects of the requested variance on the
above-described criteria.
The planning and environmental commission shall make the following findings before
granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the same zone.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same district.
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves the final review of a final plat, pursuant to
Chapter 3, Title 13, Subdivision Regulations, Vail Town Code, and the variance from
Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for the creation of a new lot less than 35 acres
in size to allow for a major subdivision to create the "Final Plat, Vail Mountain Park,
a resubdivision of Tract E, a resubdivision of Tract E, Vail Village, Fifth Filing
and a part of Lot C, Block 5-C, Vail Village, First Filing, and Golden Peak
House, Town of Vail, County of Eagle, State of Colorado" Staff's
recommendation is based upon the review of the criteria outlined in Section V of this
memorandum and the evidence and testimony presented, subject to the following
findings:
"Upon review of the request for a variance and major subdivision to create the "Final
Plat, Vail Mountain Park, a resubdivision of Tract E, a resubdivision of Tract E.
Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village, First Filing,
and Golden Peak House, Town of Vail, County of Eagle, State of Colorado" the
Planning and Environmental Commission finds that the request complies with
subdivision regulations and standards as adopted by the Town of Vail and that the
variance is warranted as the granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other properties classified in the
Agricultural & Open Space zone district, the granting of the variance will not be
detrimental to the public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity of the major subdivision; and, there are exceptional or
46.1 extraordinary circumstances or conditions applicable to the site of the variance that
do not apply generally to other properties in the same zone district"
VII. ATTACHMENTS
A. A reduced copy of the proposed Final Plat
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