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HomeMy WebLinkAboutFOREST PLACE LOT 1 2 3 4 TRACT A & X DEVELOPMENT LEGALo r-m Project Name: Lionshead Tennis Court Site PEC Number: PEC030055 Project Description: The rezoning of the Lionshead Tennis Court Site from Agriculture and Open Space District to Two-Family Primary/Secondary Zone District and a rezoning of the skiway from Agriculture and Open Space Zone District to Outdoor Recreation Zone District. Participants: OWNER Vail Corp 09/0212003 Phone: P.O. Box 7 Vail, CO 81658 License: APPUCANT Vail Corp 09/02/2003 Phone: P.O. Box 7 Vail, CO 81558 License: Project Address: 616 FOREST RD VAIL Location: 615 West Forest Rd Legal Description: Lot: Block: Subdivasion: Unplatted (Forest Place) ParcelNumber: 210107200004 Comments: See Conditions BOARD/STAFF ACTION Motion By: Doug Cahill Action: APPROVED Second By: Gary Hartman Vote: 7-0 Date of Approval: t012712003 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Warren Campbell PEC Fee Paid: $1,300.00 Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us o r-ffi Planning and Environmental Commission ACTION FORM Department of C-ommunity Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 f ax: 970.479.2452 web: www,ci.vail.co.us Project Name: Lionshead Tennis Court Site PEC Number: PEC030056 Proiect Description: The subdivision of the Lionshead Tennis Court Site into four Two-family Primary/Secondary Zone District lots and the platting of the four new lots and the ski-way. Pafticipants: OWNER Vail Corp 09/02/2003 Phone: P.O. Box 7 Vail, CO 81658 License: APPLICANT Vail Corp 09/0212003 Phone: P.O. Box 7 Vail, CO 81658 License: Project Address: 616 FOREST RD VAIL Location: 615 West Forest Rd Legal Description: Lot: Block: Subdivision: Unplatted (Forest Place) Parcel Number: 210107200004 Commentsi See Conditions BOARD/STAFF ACTION Motion By: Erikson Shirley Action: APPROVED Second By: George Lamb Vote: 5-0 DateofApproval: 12108/2003 Conditions: Cond: I (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0006288 That the applicant shall submit cross-sections for West Forest Road and Forest Place, revise the plat and construction documents to show a 54-foot diameter cul-de-sac, measured from flow-line to flow-line, for staff review and approval prior to the recording of the plat and maintain the height of the snow which may accumulate around the cul-de-sac so that fire access ctrn be maintained to the satisfaction of the Town of Vail. Cond: CON0006289 That the applicant shall revise Note 8 on the plat to state, "Lots 1 through 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or improvements shall be permitted. A maximum of two dwelling units shall be permitted on each of the four lots numbered 1 through 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through current or later zoning regulations shall be considered to be a dwelling unit under this provision. This prohibition and restriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining contiguity)." This note shall be revised by the applicant prior to recording the final plat. Cond; CON0006290 That the applicant shall revise Note 9 on the plat to state, "The "No Build Zone" shown on this plat shall not be developed with structures provided however, drainage improvements, planting improvements, improvements related to the skier bridge located on Tract X, and other similar improvements are allowed in this zone as determined by the Town of Vail zoning administrator.". This note shall be revised prior to recording the final plat Cond: CON0006291 That the applicant shall place the correct addresses for the four new lot on the plat as follows; Lot 1 is 618 Forest Court, Lot 2 is 621 Forest Court, Lot 3 is 612 Forest Court, and Lot 4 is 615 Forest Court. These corrections shall be made prior to recording the final plat. Cond: CON0005292 That the applicant pays for the cost of new traffic control signs and the installation of the signs at the approved cul-du-sac location on West Forest Road after receiving approval for design and location by the Public Works Department. Cond: CON0006293 That the applicant removes the snowcat access from West Forest Road, if an alternative route is reviewed and approved by the Town of Vail. The alternate route shall be proposed by the applicant and reviewed by the Town of Vail prior to the closing of the sale of any one of the four new residential lots approved on the tennis couft site, Cond: CON0006294 That final plat approval is conditional upon the approval of the zoning map boundary amendments which propose to rezoning the four residential lots from Agriculture and Open Space District to Two-Family Primary/Secondary District and the ski-way, Tract X, from Agriculture and Open Space District to Outdoor Recreation District. Planner: Warren Campbell PEC Fee Paid: $1.580.00 .+- i-- ' t- "1l r'r :/ -' \ kl ?lo+AnP '"'{fl"nou"D January 6, 2004 Acceptance of easements to be granted to the Town of Vail in association with the platting of the Forest Place Subdivision located at 6'15 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). MEMORANDUM Vail Town Council Community Development Department TO: FROM; DATE: SUBJECT: Applicants: Planner: Vail Resorts, represented by Braun Associates, Inc. Warren Camobell il. DESCRIPTION OF THE REQUEST The applicanl, Vail Resorts, represented by Braun Associates, Inc., is requesting that the Town Council review several proposed easements associated with the platting of the Forest Place Subdivision which will create a ski-way tracl and four residential lots. The purpose of this request is to facilitate the platting of the Forest Place Subdivision on the sile of the existing Lionshead tennis courl and the ski-way, located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for revlew at the Town of Vail Community Development Department). The proposed Forest Place Subdivision includes several easements which are to be granted to the Town. The easements are detailed in Note 17 on the plat and include roadway, roadway maintenance, fire truck access, and ulility easemenls. The staff and applicant are requesting that the Town Council review the proposed easements and lhen adopted the Forest Place Subdivision. A copy of the proposed Forest Place Subdivision plal is attached (Attachment A) for reference. BACKGROUND On December 8, 2003, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major subdivision to allow for the platting of the ski-way tract and four residential lots at the Lionshead tennis court site located at 61 5 West Forest Road. Upon consideration of lhe request, the Commission voted 5-0 to approve the Forest Place Subdivision plat. The Commission's recommendation of approval did include seven (7) conditions of approval. The Commission's recommendalion of approval includes the following findings: |il. The following findings are used for a Major Subdivision: "(1)That the application is in compliance with the intent and purposes of the Major 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." A copy of the December 8, 2003, staff memorandum to the Town of Vail Planning and Environmental Commission and the final aoenda has been attached for reference (Attachment B). STAFF RECOMMENDATION The Community Development Deparlment recommends that the Town Council adopt the Forest Place Subdivision and the associated easements shown on the final olat and detailed in Note 17. Staff's recommendation is based upon the review of the criteria noted in Section Vlll of the December 8, 2003, Planning and Environmental Commission staff memorandum and the evidence and testimony presented. Should the Town Council choose to accept the Forest Place Subdivision and the associated easements the Community Development Department recommends the Town Council makes the following findings: (1) That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Town Council deems applicable. (2) That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and olher applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. ATTACHMENTS Attachment A: Reduced Copy of the Forest Place Subdivision plat Attachment B: Staff memorandum lo PEC dated December 8, 2003 and the final agenda tv. cL!l!l: Ii:tt l o^|L d 9J[\tY: ,J,[ 2!oJ, ccf,ca^oo ct rErr! zc{a (h^ii) x^o r9aJl92 ^ro ros cF vr. lrpaxc pRrafcr cToS€tl i945 s'^oc'ls sPrAoltt i i66o652.57t € 2753t5o.7t7 ^rO r00or^{ r552r.&9t6 € 21?7!65.Jao.sPf^oola lo rYo(olr^n r^hs nt2't/Ot'r J Erc;Cr o^rw 9a4,t tAclct. r.€oalltt . rds s'J(lfv 15 B^sto o* a Lr{ to$.fo s€ftfEi ^ fo!]to lr- aurf,u c^p r[F< o n{ ,fsr fr aqittp A oa sacno|r 7, ronsa{' 5, soJr{ Rll6t to r/tsr Ar0 A Forjro pfi {o crp L.s. 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(r, n€ roAor^.rs ^oscE H5 R^r, hGJJofG r.ftdjl rrrr^io{. l6Esl no.D. trr oE uto td icE56 ^ro f6E5s (r nfscnr,io '.qr.r^r ('ei^nci! yErsrs. xcruc.c orr ror uulto io. lRx.stcir^iot r^,lrtMrict Ad)corSrnrfmr \chcrts. srror nrrnc ru 6&€ E osi.n!!€as ^ro frco.r!€t{trci {clrlrs iner dr^nor, a l,+cfoc.r^aI uor.r 6 rdsL d,il ao ods. 6rraE r rf, .Esa€icas tocaED dtr rlra Lo* c.N ocacr ro e gracr rt, niE Fftcorc anor nr4 ro rl{ !!o ^l ,xY traa 0(.Rl6 fif tt^n Ey lcaacric r o€ttr to r Lor. n€ os€R rr[m6 ^oooruDc€s rh^T LJoi lor sY E so ^r.&rEo am RvEs {o El.|.rligf,s ^ry fto{r lo ca{d rc rh€ rgr€m[G ^cn\an€s. FINAL PLAT FOREST PLACE SUBDIVISION PARCEL OF LAND LOCATED IN THE NORT,H I/z OF SECTION TOII|NSTIIP 5 SOUTH, RANGE BO II/EST OF THE 6th P.M. TOTTN OF VAIL, COUNTY OF EAGLE, STATE OF COLORA,DO Lfll^rr(|r rE cP€Rrrs{ ^N0 uxrrar$rc€ F (r 6rr |'rs {o cooo.,as. 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B€ars ^YrErodr lo rl€ |rdrxrM ^c1MrEs ccffar: Ir D€ .fs€xcts Loc^rEo ot D€ LOIS 0t ||rls f!N[ eur Cs €rpEcr m ar s!€4d m nf lciara! ^cr\rn$ fRda ltt Io tat ^ro ^t ay r.f f,rlc |r€YE^n.9r ^Ca€PnriG ^ 0aa0 lo ^.Y Lot rr l|6 anl rlla on€i rH€n€6 ^arrofao(Is nr^r !D Lor.^r * so rtractD ^No llr\rfs x0 Ff,rAcr9r€s dY Rroit ro q}fcr ro Idt fmtcolc ranvlrts tlra l6acc.tc coas Nor co.6nturf ^ us€ REsfi|cr|o8 22 e €rsf{rr !^Y e 0€96!^rE0 roi unFlI Pi|fFosqs, toR axr|rru. a €^st|fir o€s|c.r^Ifo '!r urury Er.f*Nr ^No Joir oRA^ca a^sr!€ir |s err ^ "v^ uruw EAs€gENr .o ^ '.ENr oirNAc[ a^3Erai{r 2! rxa E^aEr€nB i€sEi\,ao ^io/an cralfo d lHs R^I 9l^rr ror !mc., sn€R pFEsriny 6 fr n{a rutunt iht ar F[a NlfR€sr (f rr€ RES€A.,( d ci,^ lEl f gJdi itlanwi or cltrNra€ rs ol Stcoas r|q oftfr f rao 0{ *ror rt €AsE r€Nr 15 Loc^rEo. grJr *url ^x) ctsnicr pn€ftRrJ ftGrrs 0. suor,r€s€fttR c o|rxEa, rrs srccassf,s xo sgcrs. qtr R€u qrsr!€o a rccoeo^||cE |||rr LA|r l|jsr cdr'€NcE rrY Lic./. ^a?{ri 8^slD uro.. ^NV o€ttcl li DNs slnwy.|BN n*tf yE^ns rtEn Yq, Fnst ortaovan sudr ol'€cl rr !|o EvEtrl r^Y ^rY ^cnc a s€D upor oy orr€ct r ull $awy aa co.r€ncto emE rBrn rfN lfrRs Fior l}t orc s cainttr|tor 9os x€naor. PLANNINC ANO ENVIRON}4EN'AL COMMISSION CERTIFICATE --_---. ^.0. 20--- lorri s v rL RNI|G ao 6x*olirart4 corrs6roi TOW'] COUNCIL CERNNCATE lHs RaT rrPioco ar D€ rori ca,{ca o +rt ro* 6 v r- caa6r@ Drs _ ory 6 --_____ ^0. 2o-_.G fn {c rni nc o.€i( rra itcoioli ot E^cLa cd,|n, c(for^oo '$ rd Dr qrlfura€ ro f tor cf v.r 0f n€ Arirc qEdcr]|oxs sroi. rliao.t s/€JEct ro l|rl tioe9('i3 lx^l ^ttrova i ,io s r (EJcrrt$ r|{ ro* q v4 roR s^[t€x.r.cE d .0106 o€E^no 10 d reno\rart||E n.|to. rl loi{ c v& sr€onaDons ^r$ r}{ rDn cojroL (r n€ rotn 0t v{. a^s ay ^ 9ras€ouo|l REsaund| ^ciatD ro (no€Rr l(t nf SA|r. n|s rPPiOv t 0€5 ior qi^iNrft rur n{ $( @|idiqis. suasuif^cf Gac6y, orqro w trR c(x{rrxns.d ^ooori6 co€|lrdts of ei Lor sros re'rfox ^Fa 9Jo1 tr^r . crtD|||o p€rur ff ^ry orrat iact/Eo Ft6rr er! sf Esr-f,D rxa ^rPiov^L 6 {rx m€ tinxrsr^rofic ft^T { aF€{sfs nlc$Nc 4r r?RovtxEil:i i€qjLo slrl aa ft F€sporgEury o.r'|E 9.a0v0€r so mr CIR;IFIC^Ti OF OEDICANON AND OWI.JERSH.P {NOi ^rj. lan ar rres€ Fcseers nr^r r.t v!! c@ot^troi. ^ cq.d^oo ced^r}oi, E 16 sof oscds).ff trPll (f, ^LL rN r itat ltq'aRly ttuAtEo tr n€ tfii of v&- f4crf cG^ay, cq-dr&, oalarleo rs rdfoi* a/ ^ raicll q Lx|o Locrro fi irExcRrlrxo {crd! 7, rofgir 5 sqrrr. 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ITLE CERlIFICATE 00as |rtFEsY cfRnFr ^r rr{ nrLE ro u r^ss 9ro* rJrror thls pur H^vE BEaN va$Eo n|tl m gjo. urDs rt th€E rc|rsv{.co.onloo SURVEYOR'S CERIIFICATE I oo fiaRtoY c&rrY rrr^r I u ^ n€csrEnaD L rao g.Rvtyaa lJcExlEo oroEi ne LArs d n€ sl^lf f q6roo, rua rEs Rra 6 ri!.rE, cd;ract ^|o coan..rt ^s !^o dJ?, arflo, oo€^rtD ^ro rroi r$cr, h^r sror pur r s r.d fitr| a coJi.n g.rRvfY c. 5ro mE.r7 Ey ||l ^ro oraan !y utti{tdr r{ coaEcrly sror: rrc lcrrxri ^ro tr.oigqrs c llra t;0t3.tr5a6ir5 !s 9rirars q s.lo gE\a9o{ ^s Dt s^ra rf, t rco lJ,or lia cncr,io i co,tr.r€ ru rrFfrardl n€Gr.rtrs @lfturc l|{ s.or9qr (r ur5 ll rlr€s:r lrlraitc I hl\E s€r .r h^r|) Ao stra |NB ____ o^r oa __* a0.. *axr a60s CC.OiIOO P.t.S. N. 27aoa CLERK ANO RECCROER'S CERTIFICATE nr! trr{l r^! alto tL Rtc4o d n€ cF(f cf rir crEh( rar REc(ro€x ca Hs __ o^y d __-.- ^.r xr__ ^r _- qc1'oar -_.r. L@Ro@ uro€i iEdPn{rr io, _-___ r am( __ ^r r^€ __ rcx|r (r vf, ctao.^o0 LAND USE SUMMARY It\ *_________- ,lEt ^oo.tss UnLTtES/ttltRC,€ficY \€HrClf AcCEss/ t6V Il oft!€ (fmasr tu\ct) oJtoofi itcit^ior^,rulas CERTIFICAIE OF TAXES PAIO r, 't)€ lro€Rgor€o, D0 i€itoY c€nr|FY nr^r rnt E{nE ^r(IJtlr 0f l^xls AL ^ssEsst/tN?s ouE ^ro y &a a5 cf --------_- !PO{ ^{! FriCaLs Oa it^l. asr^ra oascLaD oN txs p!^l rr€ pro [ .r,'L D.rto rEs __ oay 0r -______-_ ^0., 20_ SIIEET I of 2 ;- i.il.;i - I //'.i,-, r , sfcncN 7. Torvr{g.{rP 5 souTH R^rlCE EO N'€ST. 6th P.M. I Attachment: A o o o TRACT A v^r. vm^ca, sxIH fr c FINAL PLAT FOREST PLACE SUBDII.ISION PARCEL OF LAND LOCATED IN THE NORTH I/Z OF SECTION TOWNSHIP 5 SOUTH, RANGE BO WEST OF THE 6th P.M, TOIYN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO -.-- .---- sss'zstt"v : ?o9'9 ./ LOT 1 L.S n.. utCIrI rya !/" o4es, .-"t Fn -t-- 'i to.., "40 ---.- .i {/ 8t Nt coRMi Lol 6 (B-oo( r)vall lrur€ lrrRo nlfic ^lso atfio rx€ r{oRrBriEsr coRr[R r0r .r,aoo( r. v^r wuo€ m$ runc LOT5 \ NC4r}| co€'rci ror | (Erocr .) vAL \'aucE l|no FrJ€ ,/ ,"rn " ." "*/ t.s. F. r.a?, TRACT 8 v^r/tlo!5xt.0 rlr.ic rua r@ Ro^or r rdrti^rrcI (as{|axl ^ao v^ unurr [^sa|.rt (cn€llEo tY rHls tuD (e,6 ^r[^) ,) @ xaola 00"8 - 20.67 r lov iJrtJw t^tt,.r{r I (cit^r@ BY Dr6 Pr^o \l {odrdiJo-! - 'r.oc -.-__|- 1- iqg3,-*"' ^ccass ^r€ roiwaNr tr5a90al (cna^to tY 1H3 Pr r) (!H,ro€o rn€^) (s€a DEr4) LOT 3 @ JO|iI mu^6{ C^*llna (cRiatlo 3Y I'rs h.rt) SJ..!ooJ'a {9i^OA0 ^rEA) i\'i\l\it I i!: L 6l E! 9\. - (cr$rtD 3r s.s .ur) ,l ol NI dl 1l +l !'i I rnl I tl I (ol 10 1 hrl ; H8 ril + .i -{q3= i 1-D iei : 'i 3 < rrr g >o r u JIF I CRAPHIC SCALE TRACT B vrl. rc.rs{E^0. sEco.o tuno e rlrcxc^lls FoJND No. 5 R€BAR x/tTH A!ur. ur| caP, Ls. xo 27594. @ ,no,"orat sliE€T AooREss SHEET 2 of 2 DRI'N BY: JP I JoB No. le63 ..-\ tr )1. sEc 7. l5s, n&r 61r p.v, rorro rr' {ur r0! crr €.Lx.l 116. \ (N€L! PO9lroN FoF vAt vrl 0€ 9rrH FrJrC)T} TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department December 8, 2003 A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting ol the ski-way tract and four lots at the Lionshead tennis court site located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell il. SUMMARY The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, Inc., has requested a meeting with the Planning and Environmental Commission to present the final plat for the Forest Coutl Subdivision. The applicant is requesting action on the proposed final plat which subdivides the existing Lionshead tennis court site into four lots, Forest Court Subdivision, which is served by a private road and the ski-way, which are a portion of an unplatted tract located at 615 West Forest Road. Based uoon staff's review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of the proposed final plat subject to the findings and conditions noted in Section lX of this memorandum. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, lnc., is requesting review of a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract (Tract X on the proposed preliminary plat) and four residential lots at the Lionshead tennis court site located at 615 West Forest Road/unplatted. A vicinity map is attached for reference (Attachment A). Specifically, the applicant is requesting action on the proposed Forest Coutl Subdivision final plat for the platting of the four residential lots and the ski-way. A Attachment: B reduced copy of the proposed Lionshead tennis court site and ski-way plat is attached for reference (Attachment B). III. BACKGROUND On September 22,2003, the applicant, VRDC, represented by Braun Associates, Inc., participated in a work session with the Planning and Environmental Commission. At that meeting a presentation was given on the many proposed projects which VRDC will be submitting regarding the redevelopment of Lionshead. After a brief overview the proposal the applicant focused the remainder of the work session of the proposed plans for the Lionshead tennis court site. At that work session there was public comment regarding the proposed plan. Several of the comments regarded the proposed rezoning and the existing zoning. One resident whom lives on West Forest Road spoke to the removal of the walking path which was used in the past to access the tennis courts. That individual expressed concern over the removal of the path as it is "quite important". Also at the September 22, 2003, work session there was great concern expressed over the proposed platting of the Town owned slream tracl which is located to the east of the Lionshead tennis court site and the ski-way. The platting of the stream tract was proposed by the applicant at the request of the Town. The Town has agreed to remove the proposal to plat the stream tract lrom this application. Staff has researched the history of the stream tract to the east of the Lionshead tennis court sile and the ski-way. The Town was given the stream tract with a metes and bounds description with no official plat, which was determined to be acceptable by the Town legal council at the time. Soon after accepting the metes and bounds described lot the Town Council under Section 13.11, Designating Open Space, Vail Town Code, established the designation of open space for the stream tract. Under Section 13.11, Designating Open Space, Vail Town Code, the only method in which that open space designation can be changed is by vote of the registered voters within the Town. The Agriculture and Open Space district zoning, which the stream tract parcel is zoned, has a minimum requirement of 35 acres and restricted permitted and conditional uses. The large lot size combined with the restricted uses allows for a great deal of open space to remain intact in a development situation. Staff has great confidence that the platting and rezoning of the ski-way and four residential lots does not cause the stream tract, which is defined by metes and bounds, to become more non- conforming with this application. The applicant has agreed to assist the Town in bringing an application for the platting of the stream tract forward in the near f uture. On October 27,2003, the Planning Commission forwarded a recommendation of approval onlo Town Council for the proposed rezonings of the tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and the ski-way from Agriculture and Open Space zone district to Outdoor recrealion zone district. The Commission also approved the preliminary plat for the Lionshead tennis court site and the ski-way. tv. At the October 27, 2003, Planning and Environmental Commission hearing there were multiple letters and public comment made regarding the loss of the pedestrian pathway which exists on the tennis court site. Several residents and letters from residents of West Forest Road spoke in opposition to the loss of the pathway and the need to have some form of pedestrian access to the ski-way and Lionshead. The Commission listen to those concerns and determined that a pedestrian pathway on this site was nol appropriate. On December 2,2003, the Town Council heard and approved the first reading of Ordinance No. 35, Series of 2003, which will rezone the tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and the ski-way from Agriculture and Open Space zone district to Outdoor recreation zone district. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning & Environmental Commission, Town Council, and staff on the current applications submitted on behalf of Vail Resorts Development Company. A. Maior/Minor Subdivision Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a major subdivision. Specifically 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 major subdivision, but must review any accompanying Design Review Board application. V. Town Council: The Town Council is the final decision making authority for a major 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 evaluales 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. Staff: The staff is responsible for ensuring that all submittal requiremenls are provided and plans conform to the technical requirements of the Zoning Regulations. The statf 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. APPLICABLE PLANNING DOCUMENTS Title 12. Zoninq Requlations. Vail Town Code 12-GD Two-Family Primary/Secondary Residential (PS) District 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or tuvo-family residential uses rn 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 district. The tvvoJamily primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with singleJamily and tvvoJamily occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 1 2-6D-2 : P E R M ITTE D USES; The following uses shall be permitted: Si ng le -f an i ly resi de nti al dwell i ng s. TwoJamily residential dwellings. Type I employee housing unit as provided in chapter 13 of this title. 1 2-6D-3: CON DITIONAI USES; The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by Section 12-14-18 of this title. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type ll employee housing unit as set forth in chapter 13 of this title. 1 2-6D-4: ACCESSORY USES: The following accessory uses shall be permifted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of chapter 14 of this title. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and twoJamily residential uses. Other uses customarily incidental and accessory to permifted or conditional uses, and necessary for the operation thereof. t2-6D-5: LOT AREA AND SITE DIMENSIONS: 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, eighty feet (80') on each side, within its boundaries. 12-6D-6: SETBACKS: ln 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-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty three feet /aatl 1 2-6D-8 : DEN9W CONTROL: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 /ofs /ess than fourteen thousand (14,000) square feet. 1 2-6D-9 : S ITE COVE RAG E : Site coverage shall not exceed twenty percent (20%) of the total site area. 12-6D-10: LANDSCAPTNG 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-street parking shall be provided in accordance with Chapter 10 of this Title. 13-2 Detinitions SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into tuvo (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, time share esfates, fractional fee units, or time share licenses; or 3. A house, condominium, apartment or other dwelling unit which is divided into tuvo (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. The division of land by order of any court in this state or by operation of Iaw. 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. 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, betvveen 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 bv reason of the dissolution of a ioint venture or other 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 of this code "Applicability" or if the proposal would adversely affect the development of the remainder of the parcel or the adjacent propeny. 13-3 Major Subdivision (in part) 1 3-3-l : REQUIREMENTS AND PROCEDURES: The following submittal requirements and procedures apply to a major subdivision proposal. (Ord. 2(1 983) I 1 ) 1 3-3-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: The first step in the process for a major subdivision is for the applicant to request a meeting with the Administrator to assist in meeting submittal requirements, address related zoning issues and generally give the proposal a preliminary review. (Ord.2(1983) 5 1) 1 3-3-3: PRELIMINARY PLAN:A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by the subdivider and/or his/her representative(s) to the Planning and Environmental Commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to Section 12-3- 6 of this Code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the Planning and Environmental Commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the Director of Public Works or the Administrato) to the Department of Community Development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. d. Proposed sfreefs, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6') and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. lf utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2') if the site is two (2) acres or less; contour intervals of five feet (5') or less if the tract is more than tvvo (2) acres, elevations to be based on USGS datum. g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 1O0-year flood plain (verified by a registered professional engineer in State of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent land: the area within two hundred feet (200') fron each subdivision boundary should be included in the preliminary plan to show its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural features. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40%) slope or greater, and avalanche areas indicated as shaded areas. k. Lefters from all applicable utility agencies verifying service. L lndications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. 1 3-3-4: COMMISSION REVIEW OF APPLTCATION; CRITERtA: 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 appropriafeness 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. 1 3-3-8 : REQU I RE D I M P ROVEM ENTS : The following improvements shall be required by the subdivider unless otherwise waived by either the Administrator, Director of Public Works, Planning and Environmental Commission or Council. All improvements shall meet the design standards, Chapter 10 of this Title:A. Paved street and parking lots.B. Bicycle and pedestrian path linked with Town system and within the subdivision itself. Traffic-control signs, signals or devices. Street lights. Landscaping. Water lines and fire hydrants. Sanitary sewer lines. Storm drainage improvements and storm sewers. Bridges and culverts. Electrical lines. Telephone lines. Natural gas lines. M. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. 1 3-3-9: COMMTSSION ACTION; PUBLIC HEARING: The Planning and Environmental Commission shall review the final plat and associated material and information and shall approve, approve with modifications, or disapprove the plat within tvventy one (21) days of the public hearing on the final plat of the subdivision or the final plat is deemed approved. A longer time period for rendering a decision may be granted subiect to agreement between the applicant and the Planning and Environmental Commission. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meanl to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following applicable goals to this proposal: 1.0 GeneralGroMh/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serye both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as lhe Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the addilional groMh in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its polential for public use.5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan was adopted on December 15, 1998 by the Vail Town Council. While the Tennis Court Site does appear in the study area for the Lionshead Redevelopment Master Plan it does not make any recommendations for the site. During the development of the Lionshead Redevelopment Master Plan the Lionshead Tennis Court Site was included in within the plan; however, at the request of the public all recommendations for the site were removed prior to adoption. Upon review of the plan the only slalement referencing the Lionshead Tennis Court Site appears in Section 3.2.6, Recreation and Open Space, which identifies it as "unattractive and visually inconsistent with the rest of The Gore Creek corridor". Town of Vail Comprehensive Open Lands Plan In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The purpose of the plan is to identify priorities for open space and recreation needs communicated by the citizens of Vail. The citizens identified the following needs, in order of priority: . Acquisition, preservation and protection of natural open space;. lmprovement of the trail and bike path system in and around Vail;. Creation of additional recreation oppoftunities in a regional context. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action for either protection of sensitive lands, for lrail easements and critical trail connections, or for future oublic use. The Comprehensive Open Lands Plan - Action Plan map identifies the Tennis Court site "Undeveloped Parcel (Open Space Zoning) Action Not Recommended". The Plan did not reference or recommend any action with the existing Tennis Court Site. However, it does identify that there is an existing bike path along Forest Road on the southern border of the site.o l0 VI. POTENTIAL SITE ZONING ANAYSIS Proposed four lots on the Lionshead Tennis Court Site: Proposed Zoning: Two-Family Primary/Secondary district Land Use Designation: Ski Base Current Land Use: Recreation/Open Space Develooment Standard Allowed Prooosed Lot Area: Lot 1 15,000 sq. ft. 29,707 sq. ft. buildable area Lot 2 15,000 sq. ft. 25,526 sq. ft. buildable area Lot 3 15,000 sq. ft. 28,923 sq. ft. buiHable area Lot 4 15,000 sq. ft. 27,094 sq. ft. buildable area Setbacks:Front: 20' 20'Sides: 15' 15'Rear: 15' 15' Building Height: Flat roof: 30' 30' Sloped roof 33' 33' Density: Note 8 on the preliminary plat restricts the maximum number of units which can be constructed on the combined area of lhe four lots to eight dwelling units total, including EHUs, and prohibits the further subdivision of Lots 1-4 as permitted by any subdivision process in the Vail Town Code. GRFA: Lot 1 6,070 sq. ft. Lot 2 5,652 sq. ft. Lot 3 5,992 sq. ft. Lot 4 5,809 sq. ft. Site Coverage: Lot 1 5,941 sq. ft. (20%) Lot 2 5,105 sq. tt. (20%) Lot 3 5,784 sq. tl. (20/") Lot 4 5,418 sq. tl. (20%) Landscape Area: Lot 1 17,824 sq. ft. (60%) Lot 2 15,315 sq. ft. (60%) Lot 3 17,3s3 sq. ft. (60%) Lot 4 16,256 sq. ft. (60%) Frontage: All four of the proposed lots meet the minimum requirement for 30 feet of frontage as required by the Two-Family Primary/Secondary district. ll Proposed ski-way lot: Proposed Zoning: Outdoor Recreation district Land Use Designation: Ski Base Current Land Use: Recreation/Open Space The proposed ski-way tract, Tract X, is proposed to be 4.226 acres The applicant is not proposing any changes to the uses which currently occur on the ski-way. VII. SURROUNDING LAND USES AND ZONING North: South: East: West: Land Use Open Space Residential Open Space Residential Zonino Natural Area Preservation district Two- Fami lyPri mary/Secondary district Agricultural and Open Space district Two-Family Primary/Secondary district VIII. CRITERIA AND FINDINGS A. Major Subdivision Creating Four Residential Lots and the Ski-way 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 Two-Family Primary/Secondary district is 15,000 square feet of buildable area. All four of the proposed residential lots located on the tennis court site exceed this minimum requirement. Section V of this memorandum depicts all the statistics for the proposed lots. The proposed ski-way tract, Tract X, measures 4.226 acres. There is no minimum lot sized identified in the Outdoor Recreation district for which Tract X is proposed to be rezoned. Frontaqe: The minimum frontage required by the Two-Family Primary/Secondary district along a street is 30 feet. All four lots have 30 feet or more of frontage on the proposed private drive, Forest Court. There is no minimum frontage requirement for parcels zoned Outdoor Recreation district, therefore Tract X does have to meet a minimum frontage requirement; however, it is proposed to have 240 feet of frontage alono West Forest Road. Dimension: Under the proposed Two-Family Primary/Secondary district zoning for the four residential lots are required to be dimension so as lo 12 allow an 80 foot by 80 foot square to fit within the property lines. All of the proposed residential lots meet this requirement. Under the proposed Outdoor Recreation district zoning for Tract X there is no minimum requirement for lot dimensions. 2. The second set of review criteria to be considered with a major 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 approprialeness 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 seclion 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 inlorm each subdivider of the standards and criteria which development proposals will be evaluated and provide information as to the type and extent improvements required. Staff response: The provisions of Title 13, Vail Town Code, and staff made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. The approved preliminary plat depicts a 60-foot diameter cul-de-sac which will be constructed on West Forest Road. The construction documents submitted in conjunction with the proposed final plat depicts the previously approved 60{oot cul-de-sac. However, lhe construction documents provided staff with a clear picture of how the proposed cul-de-sac, which was requested by the Town Engineer under Section 13-3-8M, Required lmprovements: Other lmprovements Not Specifically Mentioned Above But Found Necessary By The Town Engineer Due To The Nalure Of The Subdivision, Vail Town Code, would function with the turning movements of the Town's fire equipment. Staff has determined that the 64{oot diameter cul-de-sac, as measured from flow-line to flow-line, needs to be increased to a 68joot diameter cul-de- sac, as measured from flow-line to flow-line, in order to adequately orovide the area necessary to turn around the Town's fire equipment. by to of IJ 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff response: The proposed major subdivision to creale four residential lots and plat the ski-way will not conflict with development or subdivision on adjacent lols. However, Note 8 on the plat which states; "Lots 1 through 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (A) subdivisions otherwise permitted under the municipal code of the Town of Vail, including but not limited to the current subdivision processes under Chapters 3, 4, 6, 8, and 9 of Title 13 of the current Vail Municipal Code and any similar provision in effect in the future, and (B) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or improvements shall be permitted. The intent of this provision is to prohibit and prevent each lot identified on this plat from being divided in any manner, provided, however that each lot may contain a residence with tvvo dwelling units under a single ownership if permitted by applicable land use regulations. This prohibition and restriction may be enforced by the Town of Vail and/or by any property owner adjacent to the subject propefty (ignoring the existence of any street for the purpose of determining contiguity)." This note was drafted by the applicant to address several concerns of the neighbors. Staff believes that this note is extremely confusing and unnecessarily prohibitive. They four lots of the Forest Court Subdivision are currently in the process of being rezoned to Two-Family Primary/Secondary zone districl. This zone district allows as a permitted uses, single-family, two- family, and Type I employee housing units. The limit on two dwelling units per lot for a maximum of eight dwelling units is required as the private road serving the homes, Forest Court, does not meet the width requirement required by the Town Code for more than eight dwelling units. Staff would like to suggest that the following language replace the currently proposed Note 8: "Lots 1 through 4 as shown on this plat shall not be further subdivided. This orohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partilion by sale of an entire lot and t4 improvements without physical division of the lot or improvements shall be permitted. A maximum of two dwelling units shall be permitted on each of the four lots numbered 1 lhrough 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through current or later zoning regulations shall be considered to be a dwelling unit under this provision. This prohibition and reslriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining conliguity)." 3. To protect and conserve the value of land lhroughout the Municipality and the value of buildings and improvements on the land. Staff response: Staff believes the removal of the existing tennis courts which have been in disrepair for several years and the establishment of four large residential lots, ranging in size from 25,526 to 29,707 square feet, will conserve the value of land throughout the municipality by eliminating a site improvement which has been allowed to become rundown. The Lionshead Redevelopment Master Plan in Section 3.2.6 stated that the existing tennis court site was "unattractive and visually inconsistent with the rest of the Gore Creek corridor''. The proposal to plat the ski-way and create Tract X does not change the existing land use of the site. 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 subdivision is in compliance with the Town's zoning ordinances. In Section Vl staff has created a table to display how each of the lots and the ski-way conforms with the requirements of the Two-Family Primary/Secondary district and the Outdoor recreation district. 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 lacilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 4. 5. l5 6. 7. Staff response: As required in Section 13-3-3C staff notified the department of Public Works, Town Fire Department, Town Police Department, Public Service Company of Colorado, Holy Cross Electric Corporation, U.S. West, Comcast Cable, National Forest Service, Eagle River Water and Sanitation District, Vail Recreation District, and Eagle County Ambulance District. None of the notified departments responded with any concerns about the proposal. In addition, the applicant obtained signatures from Quest, Excel High Pressure Gas, Holy Cross Electrical, Excel Energy, Eagle River Water and Sanitation District, and AT&T Broadband regarding their approval of the project. 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 plat will establish accurate legal descriptions for several lots which were previously unplatted. 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 Iand. Staff response: The proposed plat does not pose any negative affect on the natural environment and resources and will oreserve the integrity, stability, and beauty of the community. The proposed plat includes a "No Build Zone" on the northern portions of Lots 3 and 4. Note I on the proposed plat addresses the "No Build Zone" and states: "The "No Build Zone" shown on this plat shall not be developed with buildings provided however, drainage improvements, landscape improvements, pedestrian improvements, and other similar improvements area allowed in this zone." The applicant placed the "No Build Zone" on the northern portions of Lots 3 and 4 in order to prevent future owners from constructing buildings on the northern portions of the lot which would obstruct views and encroach upon the Town owned stream tract along Gore Creek. Stalf believes that Note 9 needs to be modified to eliminate any confusion over lhe permitted improvements which can be made within the "No Build Zone". Staff recommends that the term "building" in Note 9 be change to "structure" as to be clearer as to t6 the type of improvements which can be made. Section 12-2-2, Definitions, Vail Town Code, defines "Structure" as: "Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition." The use of the term "landscape improvements" in Note 9 includes a wide variety of improvements. Section 12-2-2, Definitions, Vail Town Code, defines "Landscaping" as: "Planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than tvventy percent (20%) of the landscaped area. For the purpose of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in singlelamily, tvvo-family residential, and residential cluster, low density multiple-family, hillside residential, and primary/secondary residential zone districts." Staff believes that the "No Build Zone" should be limited solely to plant materials and not include walks, decks, patios, terraces, water features, and like facilities. To include walks, decks, patios, terraces, water features, and like facilities, goes against the intent of establishing a "No Build Zone". The applicant has requested that a provision for the potential need of placing a bridge abutment and/or grading for the new skier bridge on a portion of Lot 3 be added to Note 9 in the event the design which is currently under development requires some disturbance and imorovement on Lot 3. Such an imorovement if necessary would require an easement. The need for placement of a bridge abutment and/or grading on Lot 3 will be determined prior to the sale of Lot 3, lherefore the applicant will retain ownership. Staff has suggested language to replace Note 9 in Section lX. Findings: The following findings are used for a Major Subdivision: 1. That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinenl regulations that the Planning and Environmental Commission deems applicable. lt tx. 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. STAFF RECOMMENDATION Major Subdivision Staff is recommending approval of the proposed fianl plat for a major subdivision pursuanl to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. Staff's recommendation is based on the evidence and testimony presented and the criteria found in Section Vlll of this memorandum. lf the Planning and Environmental Commission chooses to approve this final plat it must make the following findings: The following findings are used for a Major Subdivision: (1) That the application is in compliance with the intent and purposes of the Major 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 effecls on the aesthetics of the Town. lf the Planning and Environmental Commission chooses to approve the final plat staff suggests the following conditions: 1) That the applicant shall submit cross-sections for West Forest Road and Forest Court, and revise the plat and construction documents be to show a 68-foot diameter cul-de-sac, measured from flow-line to flow-line, for staff review and approval prior to the recording of the plat. 2) That the applicant shall revise Note 8 on the plat to state, "Lots 1 through 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or imorovements shall be oermitted. A maximum of two dwelling units shall be permitted on each of the four lots numbered 1 through 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through l8 3) current or later zoning regulations shall be considered to be a dwelling unit under this orovision. This prohibition and restriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining contiguity)." This note shall be revised prior to recording the final plat. That the applicant shall revise Note 9 on the plat to state, "The "No Build Zone" shown on this plat shall not be developed with structures provided however, drainage improvements, planting improvements, improvemenls related to the skier bridge located on Tract X, and other similar improvements are allowed in this zone as determined by the Town of Vail zoning administrator.". This note shall be revised prior to recording the finalplat That the applicant shall place the correct addresses for the four new lot on the plat as follows; Lot 1 is 618 Forest Court, Lot 2 is 621 Forest Court, Lot 3 is 612 Forest Court, and Lot 4 is 61 5 Forest Court. These corrections shall be made prior to recording the final plat. That the applicant pays for the cost of new traffic control signs and the installation of the signs at the approved cul-du-sac location on West Forest Road after receiving approval for design and location by the Public Works Department. That the applicanl removes the snowcat access from West Forest Road, if an alternative roule is reviewed and approved by the Town of Vail. The alternate route shall be proposed by the applicant and reviewed by the Town of Vail prior lo the closing of the sale of any one of the four new residential lots approved on the tennis court site. ATTACHMENTS A. Vicinity Map B. Reduced copy of the proposed Forest Court Subdivision plat C. Public notification 4) 5) o, X. l9