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-- '
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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
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FOREST PLACE SUBDIVISION
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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
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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
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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
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