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HomeMy WebLinkAbout2.0 CorrespondenceHARRISON AND RHONDA LINGLE MANAGEMENT TRUST 5307 DEL MONTE DRIVE HOUSTON, TX 77056 713-840-1609 CERTIFIED RETURN RECEIPT AND VIA FAX 970-384-3470 December 8, 2010 Director Garfield County Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 nri CEIVED DEC 1 4 201G GARFIELD COUNTY BUILDING & PLANNING We are in receipt of the attached public notice regarding the possible reduction of the minimum setback requirements in Section 13, Township 7 South (Aspen Glen), as requested by Mr. Gerd Zeller. Harrison and Rhonda Lingle Management Trust is the owner of Lots H1 and HZ Section 24, 7 Range, 89 Subdivision Aspen Glen Filing 6 and the house thereon. These two lots are the lots nearest the "Zeller Tract". Please be advised that we strongly oppose the requested setback modification. Such a change was not contemplated when we purchased the above property. Additionally, such change will result in a decreased property value along with decreased enjoyment of the property. Also, any increase allowed in construction footprints (reduction of setbacks) will likely adversely affect the habits of the area's wildlife. Therefore, It is our request that any proposed reduction in the minimum setback requirements be disapproved by your department. Sincerely, kik 1 -tri Harrison M. Lingle, Trustee Rhonda P. Lingle, Trustee 0.4'1--5.2._ Cc: Richard Whiteley Bracewell Giuliani, LLP PUBLIC NOTICE TAKE NOTICE that Gerd Zeller has applied to the Director of Building and Planning, Garfield County, State of Colorado, to request to amend the Club Villas Zone District within the Aspen Glen PUD on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: A tract of land situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the easterly right of way line of County Road 109 and the west line of 2nd Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado whence the W ' I corner of Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian bears 5 57°23'01" E 5194.26 feet; thence along the west line of said Golf Course Parcel 9 the following courses: N 79°46'03" E, 87.38 feet; thence, S 29°23'03" E, 308.37 feet; thence, S 74°11'52" E, 10.61 feet; thence, S 29°23'03"E, 440.20 feet; thence, S 53°16'43" E, 36.29 feet; thence, 5 14°34'35" E, 84.79 feet; feet to the north right of way line of Golden Bear Drive as shown on plat of Aspen Glen, Filing No. 6, County of Garfield, State of Colorado; thence along said north right of way line the following courses: thence 45.51 feet along the arc of a 814.50 feet radius non tangent curve to the left, having a central angle of 3°12'05" and subtending a chord bearing S 75°32'33" W 45.50 feet; thence 29.03 feet along the arc of a 199.75 feet radius curve to the right, having a central angle of 8°19'39" and subtending a chord bearing S 78°06'20" W 29.01 feet; thence S 82°16'09" W, 45.30 feet: thence 61.73 feet along the arc of a 200.25 feet radius curve to the left, having a central angle of 17°39'47" and subtending a chord bearing S 73°26'16" W 61.49 feet: thence 55.09 feet along the arc of a 833.67 feet radius curve to the left, having a central angle of 3°47' 11" and subtending a chord bearing S 62°42'47" W 55.08 feet; thence 38.40 feet along the arc of a 47.50 feet radius curve to the right, having a central angle of 46°19'29" and subtending a chord bearing S 83°58'56" W 37.37 feet to the east right of way line of County Road 109; thence, along said east right of way line the following courses: thence, N 29°02'45" W, 166.98 feet: thence, N 20°41'20" W, 11.95 feet; thence 545.79 feet along the arc of a 1635.67 feet radius non tangent curve to the right, having a central angle of 19°07'06" and subtending chord bearing N 16°06'57" W 543.26 feet; thence, N 06°33'24" W, 135.34 feet; to the point of beginning. County of Garfield, State of Colorado Practical Description: 4.24 acre property located at the northeast comer of County Road 109 and Golden Bear Drive in the Aspen Glen Subdivision in Garfield County. Description of Request: To reduce the Minimum Front Yard Setback (if abutting a Public/Private street) for duplex units from 25' to 20'. The Director of Building and Planning will consider this request and issue a determination on whether to approve, approve with conditions or deny this request on December 15, 2010. All persons affected by the proposed plan are invited to state their views, in protest or support of the project. You are urged to state your views by letter to the Director of Building and Planning to consider comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. S't6° l p• grio-315--c(ala F• 6')rJ0 3V1 -34'70 Planning Department Garfield County From: Janet Buck To: Kathy A. Eastlev; Subject: The Sages at Aspen Glen Date: Tuesday, November 30, 2010 3:54:39 PM Kathy — The Carbondale Planning Commission reviewed the application for the Sages at Aspen Glen at their November 18, 2010 meeting. The Planning Commission would like to offer the following observations and comments: 1. A copy of this land use application has apparently been forwarded to the Division of Wildlife for their review and comments. The Planning Commission feels strongly that any recommendation offered by the Division of Wildlife should be considered. 2. The Planning Commission suggests that the County should be sure to require a geotechnical report for this subdivision. 3. The Planning Commission noted that a portion of the Golf Course easement is located within one of the building envelopes. 4. The Planning Commission discussed the road alignment and noted that it resulted in a deadend. I told them that Fire District had been contacted for their comments. Please let me know if you have any questions. Thank you. Janet Buck Town of Carbondale August 13, 2010 Eric Gross Whitsitt & Gross, P.C. 320 Main Street. Suite 200 Carbondale. CO 81623 BUILDING & PLANNING DEPARTMENT Reference: Aspen Glen PUD Amendment PDAA6479 -- Director Determination Dear Mr. Gross: I have reviewed the submitted application to amend the Club Villas Zone within the Aspen Glen PUD to decrease the front setback for duplex structures from twenty-five feet (25') to twenty feet (20`). The application appears to meet the criteria contained in Article XVI as follows: Non -substantial Change. A non substantial amendment may be made to an approved Land Use Change Permit if it meets all of the following criteria as determined by the Director. 1. Is consistent with action(s) taken during previous Land Use Change Permit approval; 2. Does not change the use category of the proposed development between residential, commercial and industrial uses; 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; 4. Does not constitute a new land development activity; 5. Does not violate any Land Use Code standard; 6. Does not substantially increase off-site impacts (including but not limited to increased traffic, water use, wastewater generation, etc.) in the surrounding neighborhood; 7. Does not substantially increase the need for on-site parking or utilities; 8. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent; and 9. Does not endanger the public health, safety or welfare. (Resolution 2010-30) Due to the determination of non -substantial change the application will be reviewed through the administrative review process contained in Section 4-104 of the ULUR. Further, the code states that the Director will determine the applicable submittal materials — which are sufficient as submitted except for the PUD Guide update. Please provide an update with the proposed amendment in a document that will supersede and replace the prior recorded PUD documents 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81 601 (970) 945-8212 • (970) 285-7972 • Far: (970) 384-3470 for Aspen Glen. Once that is received the assigned planner will continue to process the application. Feel free to contact me if you have any questions regarding this determination or the review process to complete this requested PUD Amendment. Sincerely, Fred A. Jarman, AICP Director of Building & Pla Cc: Kathy Eastley Rig Exhibit A LEGAL DESCRIPTION A tract of land situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the easterly right of way line of County Road 109 and the west line of 2"d Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado whence the W 1/4 comer of Section 20, Township 7 South, Range 88 West of the 6`h Principal Meridian bears S 57°23'0I" E 5194.26 feet; thence along the west line of said Golf Course Parcel 9 the following courses: N 79°46'03" E, 87.38 feet; thence, S 29°23'03" E, 308.37 feet; thence, S 7491'52" E, 10.61 feet; thence, S 29°23'03" E, 440.20 feet; thence, S 53016'43" E, 36.29 feet; thence, S 14°34'35" E, 84.79 feet; feet to the north right of way line of Golden Bear Drive as shown on plat of Aspen Glen, Filing No. 6, County of Garfield, State of Colorado; thence along said north right of way line the following courses: thence 45.51 feet along the arc of a 814.50 feet radius non tangent curve to the left, having a central angle of 3°12'05" and subtending a chord bearing S 75°32'33" W 45.50 feet; thence 29.03 feet along the arc of a 199.75 feet radius curve to the right, having a central angle of 899'39" and subtending a chord bearing S 78°06'20" W 29.01 feet; thence S 82° 16'09" W, 45.30 feet; thence 61.73 feet along the arc of a 200.25 feet radius curve to the left, having a central angle of 17°39'47" and subtending a chord bearing S 73°26'16" W 61.49 feet; thence 55.09 feet along the arc of a 833.67 feet radius curve to the left, having a central angle of 3°47'11" and subtending a chord bearing S 62°42'47" W 55.08 feet; thence 38.40 feet along the arc of a 47.50 feet radius curve to the fight, having a central angle of 46°19'29" and subtending a chord bearing S 83°58'56" W 37.37 feet to the east right of way line of County Road 109; thence, along said east right of way line the following courses: thence, N 29°02'45" W, 166.98 feet; thence, N20°41'20" W, 11.95 feet; thence 545.79 feet along the arc of a 1635.67 feet radius non tangent curve to the right, having a central angle of 19°07'06" and subtending a chord bearing N 16°06'57" W 543.26 feet; thence, N 06°33'24" W, 135.34 feet; to the point of beginning. County of Garfield, State of Colorado Exhibit B Description of Resolutions and other PUD Approvals 1. Resolution No. 92-056, Resolution Concerned with the Approval of an Application of the Aspen Glen Company for the Aspen Glen Planned Unit Development Rezoning and Approval of its Plan, recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262. 2. Resolution No. 93-121, A Resolution Concerned with the Approval of a Preliminary Plan for the Aspen Glen PUD, recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154. 3. Resolution No. 94-008, A Resolution Approving the Service Plan and the Formation of the Aspen Glen Water & Sanitation District, recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. 4. Resolution No. 94-089, A Resolution Concerned with the Approval of an Amendment to the Application of Aspen Glen Company for the Aspen Glen Planned Unit Development Rezoning and Approval of its Plan, recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. 5. Resolution No. 94-139, A Resolution Concerned with the Approval of a Floodplain Special Use Permit Application for Aspen Glen Golf Partners, Ltd., recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058. 6. Resolution No. 95-004, A Resolution Concerned with the Amendment of and Correction of a Scribners Error in Resolution No. 94-139 Concerned with the Approval of a Floodplain Special Use Permit Application for Aspen Glen Golf Partners, Ltd., recorded Januaryl7, 1995 in Book 929 at Page 64 as Reception No. 473462. 7. Resolution No. 96-26, A Resolution Concerned with the Approval of a Floodplain Special Use Permit Application for Aspen Glen Golf Partners, Ltd., recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. 8. Resolution No. 96-06, A Resolution Concerned with the Approval of an Amendment the Aspen Glen Unit Planned Unit Development Rezoning and its Plan, recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797. 9. Resolution No. 96-07, A Resolution Concerned with the Approval of an Amendment to the Preliminary Plan for the Aspen Glen PUD, recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798. 10. Resolution No. 2006-79, Administrative Permit for Aspen Glen Subdivision PUD, Lot 4A, recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257. 11. Master Declaration recorded April 6, 1995 n Book 936 at Page 350 as Reception No. 476328. 12. First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 61 as Reception No. 510976. 13. Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966. 14. Third Supplemental Declaration recorded February 10, 1988 in Book 1053 at Page 8 as Reception No. 520203. 15. Fourth Supplemental Declaration recorded February 10, 1988 in Book 1053 at Page 30 as Reception No. 520209. 16. Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479. 17. Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647. 18. Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005. 19. Eight Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299. 20. Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617. 21. Tenth. Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596. 22. Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597. 23. Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668. 24. Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379. 25. Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952. 26. First Amendment to the Master Declaration recorded October 30, 2003 in Book 1533 at Page 735 as Reception No. 639707. 27. Fifteen Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No. 665692. 28. Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. 29. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. 30. Subdivision Improvements Agreement, recorded April 6, 1995 in Book 936 at Page 444 as Reception No. 476329. 31. Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330.