HomeMy WebLinkAbout2.0 DD Staff ReportFile No. FPAA-7855
Director's Determination
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
LOT SIZE
ZONING
Amended Final Plat
Steve Holtze
Greg Mozian & Associates
Tuttle Surveying Services
Aspen Glen Subdivision, Filing 1, Lots
A16 & A17, County of Garfield, State of
Colorado
Said property is located at 40 Whispering
Water Circle (Lot A16) and 35
Whispering Water Circle (Lot A17),
approximately 4.5 miles northwest of the
Town of Carbondale, Colorado. The
properties are also known by Assessor's
Parcel Numbers 23932901016 (Lot A16)
and 239329201017 (Lot A17)
Overall site is 2.438 acres. The existing
lots sizes are approximately 1.825 acres
(Lot A16) and 0.613 acres (Lot A17). The
proposed combined lot size is
approximately 2.438 acres.
PUD — Aspen Glen (Lot A16 — % Acre
Residential Zone District / A17 —'/2 Acre
Residential Zone District)
RECOMMENDATION Approval with Conditions
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant is requesting an Amended Plat to combine two lots (Lots A16 and A17).
Lot A16 is located within the % Acre Residential Zone District and Lot A17 is located
within the'/ Acre Residential Zone District of the Aspen Glen PUD. There is currently a
single family dwelling on Lot A16 while Lot A17 is vacant. Both parcels are owned by
Steve Holtze, who wishes to combine them into one. Combining the two lots would also
result in the vacation of the drainage easement and building envelope on Lot A17. As a
result, this Amended Plat will eliminate the development rights associated with Lot A17
and will result in one 2.438 acre parcel. The Applicant has confirmed that there are no
utilities in the easement to be vacated and that the easement has not been dedicated to
any specific utility.
No changes to the existing access or utilities are proposed as a result of the amended
plat, however, and no nonconforming conditions have been noted to result from the lot
line modification.
The Applicant requested a waiver from the submittal requirements for an Improvements
Agreement and Codes, Covenants and Restrictions (CCRs). These requests are deemed
appropriate for the Application as no new improvements are proposed or required as a
result of the Amended Plat and no new CCRs are proposed.
II. AUTHORITY — APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-
305, Amended Final Plat Review and Tables 5-103 Common Review procedures.
Section 4-103 and 4-101 address details of the review procedures.
The Application has been determined to be complete including a waiver requests
addressing the fact that an Improvements Agreement is not warranted for the Plat
Amendment Request and no new CCRs are proposed. Public notice was required for the
Director's Decision in accordance with Sections 4-103 and 4-101. The Applicant has
provided evidence of completion of the required notice for the Directors Decision.
III. STAFF ANALYSIS
1. The Applicant's proposal was reviewed against the Amended Final Plat Criteria
contained in Section 5-305 (C), as follows:
1. Does not increase the number of lots; and
- The proposed Amended Plat will not increase the number of lots.
2. Does not result in a major relocation of a road or add any new roads; or
- The proposed Amended Plat will not result in a major relocation of a road
or add new roads.
3. Will correct technical errors such as surveying or drafting errors.
- The Amended Plat has not been proposed to correct technical errors.
2. The Applicant's draft plat needs minor edits to the certificates including the County
Commissioners Certificate and Certificate of Dedication and Ownership.
3. No conflicts with the existing underlying zoning have been noted including lots size
and setbacks.
4. No changes to existing utility locations, drainage easements or access are
proposed as part of the amended plat process.
6. The Application was referred to the Aspen Glen Homeowners Association who
2
have indicated that "application FPAA-7855 and amended plat submittal are the same
that was reviewed by the DRC in February of this year".
7. The building envelope on Lot A17 and 15' Utility Easement that currently exists
between Lots A16 and A17 are to be vacated. By combing these two lots and vacating
the building envelope on A17 along with the Utility Easement between the subject lots,
the development rights for existing Lot A17 are also relinquished.
8. The Applicant has provided evidence that there are no utilities in the easement to
be vacated.
9. The Applicant completed the County Public Notice Information form indicating that
public notice was sent on June 27, 2014. Certified mail receipts were also provided. No
public comments from adjacent property owners were received by the Community
Development Department in response to the public notice. Staff has reviewed the
Applicants representations and evidence regarding public notice and it appears the
requirements have been adequately satisfied.
IV. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Aspen Glen Filing 1, Lots A16 and A17 Amended Final
Plat Application meets the requirements and standards of the Garfield County Land Use
and Development Code as amended and is recommended for Administrative Approval by
the Director of the Community Development Department subject to the following
conditions of approval.
1. That all representations of the Applicant contained in the Application submittals
shall be conditions of approval unless specifically amended or modified by the conditions
contained herein.
2. All requirements from the County Surveyor shall be met prior to submittal of the
plat for final execution.
3. The Plat shall be subject to final review and approval by the County prior to
submittal of the plat for final execution. All standard plat certificates and signature blocks
shall be included on the final plat.
4. The proposed plat shall be updated and edited as follows prior to submittal for final
review by the County:
a. The County Commissioner's Certificate shall be amended to reflect the form
prescribed by the County.
b. The Certificate of Dedication and Ownership shall be amended to reflect the form
prescribed by the County.
3
c. The Applicant shall add the following plat note:
The plat notes from the Aspen Glen Filing 1, recorded at Reception No.
476330 with the Garfield County Clerk and Recorder shall remain in full
force and effect to the Lots contained in this Amended Plat.
Vicinity Map
4
Aerial View of Aspen Glen Lots Al 6 (West Lot) and All (East Lot)
c.
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$ Garfield County
PUBLIC HEARING NOTICE INFORMATION
EXHIBIT
1
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
❑✓ My application required written/mailed notice to adjacent property owners and mineral
owners.
•Mailed notice was completed on the 27 day of June , 2014.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means (listl
■ Please attach proof of certified, return receipt requested mailed notice.
❑ My application required Published notice.
Notice was published on the day of , 2014.
■ Please attach proof of publication in the Rifle Citizen Telegram.
❑ My application required Posting of Notice.
Notice was posted on the day of , 2014.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
testify that the above information is true and accurate.
Name: Amy Capron
Signature:
Date: 1 July 2014
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PS Form 3811, July 2013
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7012 3460 0002 0899 7464
PS Form 3811, July 2013
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SENDER: COMPLETE THIS SECTIQN''
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July 20, 2014
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
RE: Review of Aspen Glen Amended Plat — Filing 1, Lots A-16 and A-17: FPAA-7855
Dear David:
This office has performed a review of the documents provided for the Administrative Permit
Review Application of the Amended Plat for Aspen Glen Filing 1, Lots A-16 and A-17. The
submittal was found to be thorough and well organized. The following comment was generated:
• The application materials do not address if there are any utilities or utility stubs within the
easements to be abandoned. The Applicant should contact the utility providers for sewer,
water, gas, phone, cable television, and power and have them review their respective utility
locations. If it is discovered that a utility occupies the easements, either the utilities will need
to be relocated to another easement or the easement will need to remain.
Feel free to call if you have any questions or comments.
Sincerely,
Mounta 1 Cross Engineerin
's Hale, PE
826 '/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
David Pesnichak
From: Amy Capron <acapron@gregmozian.com>
Sent: Wednesday, July 23, 2014 3:24 PM
To: David Pesnichak
Subject: Holtze- Aspen Glen final plat amendment
Attachments: 7-23-14Holtze-scanned Return receipts.pdf
Dave,
ri EXHIBIT
Attached is a copy of the return receipts that we have received to date for the Holtze's public notice. There are
two outstanding receipts that have not been received.
Regarding utilities in the easement, we have called 811, and each utility under their purview has located their
utilities, none of which are located in the easement between the two properties. Roaring Fork Water and
Sanitation was the only outside utility that wasn't covered under the 811 locate. They maintain that their
service is only at the street, and does not run through the easement between the two properties. The original
builder for the Holtze residence has stated that all utilities were brought to the house through the existing
driveway.
Feel free to call or email with any questions or comments.
Thank you.
Amy
Greg Mozian & Associates
208 Midland Avenue, Basalt, Colorado 81621
970-927-2194 phone • 970-927-2197 fax
mailing address:
Post Office Box 1549, Basalt, Colorado 81621
www.gregmozian.com
1
EXHIBIT
1�
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
To: Jeffrey Tuttle — Tuttle Surveying Services
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review - Amended Final Plat Aspen Glen Subdivision, Filing 1, Lot A16 and A17
Date: 7/1812014
Jeff,
Upon review of the Amended Final Plat Aspen Glen Subdivision, Filing 1, Lot A16 and A17 Plat, I have no
comments or corrections to be made prior to approval for survey content and form.
Once this and all final comments from Community Development have been completed, the Mylar may be
prepared for recording. The Mylar shall be delivered to the Community Development office with all private
party signatures no later than Monday the week prior to the next commissioner meeting day in order to make
that meeting.
Sincerely,
Scott Aibner
Garfield County Surveyor
cc David Pesnichak — Community Development Department
109 8 th Street ,Suite 100B ' Glenwood Springs, C081601 ' (970)945-1377 ' Far: (970)384-3460 • e-mail:saibner@tc garf eld-countycom
David Pesnichak
From: Leslie Lamont <Iezlamont@gmail.com>
Sent: Tuesday, July 08, 2014 3:19 PM
To: David Pesnichak
Subject: Aspen Glen Design Review
Attachments: DRC Ltr Garco.pdf
EXHIBIT
as
Good afternoon David. Thank you for the opportunity to respond to the Holtze Amended Plat application for Lots A-16
and A-17. I have attached the original Aspen Glen DRC letter that I drafted after we reviewed their proposal. 1 see that
you have this letter in the application. The purpose of this email is to confirm that their application FPAA-7855 and
amended plat submittal are the same that was reviewed by the DRC in February of this year.
If you have any more questions and comments please do not hesitate to contact me.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
1
ASPEN
GLEN
Homeowners Association at Aspen Glen, Inc.
Design Review Committee
February 21, 2014
Ms. Kathy Eastley
Garfield County Community Development Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Lot Tie Lots A-16 & A-1710040 & 0035 Whispering Water
Dear Kathy,
via email
This letter is to confirm that the Aspen Glen Design Review Committee (DRC), at their
February 19, 2014 meeting, reviewed the proposed plat amendment to combine Lots A-
16 & A-17 (0040 & 0035 Whispering Water) into one lot and eliminate the building
envelope on Lot A-16 (0040 Whispering Water). The DRC recommends approval to
Garfield County of the proposed Amended Final Plat, Aspen Glen Subdivision, Filing 1,
Lot A16 & 17, dated January 27, 2014, drawn by JT Tuttle Surveying Services with the
following conditions:
1. A copy of the recorded amended plat shall be provided to the DRC.
2. The DRC did not consider vacation of utility easements as it is the property owner's
responsibility to ensure vacation based upon service provider review.
3. Drainage easements are considered vacated by this plat amendment because the
property is improved with a single family residence and enhanced landscaping and those
improvements considered grading and drainage. As well the vacant property will be
improved with landscaping and drainage and grading have been considered as part of the
review of that landscaping plan.
The DRC noticed property owners within the vicinity of the project site and no objections
were noted to the proposed lot tie. The DRC anticipates the opportunity to review the plat
amendment application submitted to Garfield County.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Mr. Steve Holtz
Mr. Greg Mozian
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 1
Email: leslielamont@aspenglenhoa.com