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HomeMy WebLinkAbout2.0 DD Staff Report 03.03.2017Directors Determination — Staff Report Exhibits Applicant is K A & M PITKIN PARTNERS LLC Amended Final Plat - Administrative Review March 3, 2017 (File FPAA-01-17-8515) Exhibit Number Exhibit Description 1 Public Hearing Notice Information 2 Receipts from Mailing Notice 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Pian of 2030 5 Application 6 Staff Report 7 Referral Comments from the County Surveyor - Dated February 27, 2017 8 Referral Comments from the Aspen Glen Homeowners Association, dated February 2, 2017 ............ 9 Referral Comments from the Aspen Glen Homeowners Association, dated February 13, 2017 File No. FPAA-01-17-8515 Director's Determination DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE SURVEYOR LEGAL DESCRIPTION PRACTICAL DESCRIPTION Amended Final Plat K A & M PITKIN PARTNERS LLC Chad Lee, Esq., Balcomb & Green, P.C. Tuttle Surveying Services Aspen Glen Subdivision, Filing 7, Lots H- 27, County of Garfield, State of Colorado Said property is located at 26 Saddlehorn Court, Carbondale, CO (Parcel Number: 239513406027; Lots H-27 of Aspen Glen Filing 7), approximately 4.5 miles northwest of the Town of Carbondale, Colorado. LOT SIZE The existing Tots size are approximately 0.51 acres (Lot H27). ZONING PUD — Aspen Glen (1/2 Acre Residential Zone District) RECOMMENDATION Approval with Conditions I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an Amended Plat to modify the building envelope to rectify construction outside the approved building envelope. The Lot is located within the 1/2 Acre Residential Zone District of the Aspen Glen PUD. There is currently a single family dwelling on the Lot that was constructed in 2003. The parcel is owned by the K A & M Pitkin Partners, LLC, who wishes to modify the building envelope. One protrusion outside the building envelope is on the side of the building envelope while one is to the rear. Neither protrusion outside the building envelope encroach on the applicable setbacks of 10 feet and 20 feet respectively. However, the rear protrusion is approximately 14 feet into the 50 foot Golf Course Corridor, Drainage and Irrigation Easement. The applicant's representative has indicated that a non -revocable license agreement is currently being negotiated and will be provided prior to the Board signing the plat. No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no nonconforming conditions have been noted to result from the building envelope 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 the 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. No conflicts with the existing underlying zoning have been noted including lots size and setbacks. 3. No changes to existing utility locations or access are proposed as part of the amended plat process. 4. The Applicant is to provide an executed non -revocable encroachment license agreement between the Aspen Glen Club (Club Corp.), the holder of the Golf Course Corridor, Drainage and Irrigation Easement and the property owner prior to scheduling of the Plat to be signed by the Board. 5. The Application was referred to the Aspen Glen Homeowners Association. The Homeowners Association indicated that they have no objection to the proposed building envelope modification. 2 6. The Application was referred to the County Surveyor, who identified no issues with the proposed plat. 7. The Applicant completed the County Public Notice Information form indicating that public notice was sent on February 15, 2017. 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 7, Lot H27 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. 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. The following amendment shall be made to the Plat prior to submittal to the County for final review: - The vicinity map shall be black and white only. 3. The Applicant shall provide an executed non -revocable license agreement between the Aspen Glen Club (Club Corp.) and the property owner for the encroachment into the golf course corridor, drainage, and irrigation easement to the Community Development Department prior to scheduling the Plat to be signed by the Board of County Commissioners. 4. The Applicant has 90 days within which to satisfy conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Applicant's Surveyor, and any mortgagees; b. Recording Fees. 3 4 Aerial View of Aspen Glen Lots H27 5 *r- Site Aspen Glen MO: MYMAP "met Naraw .e. Or CN GRAPHIC SCALE 1 1 4 T row :oaf I—.1-1:11=1'::51-7—"1-.-..1 1/26 ' s3 0t 162 77. -7 7 - rigWI 11i ftiS. PAW CA...wm e1 - M...., Wm N iV ma WSW u. tLSara, AT Me WV WW1 WW2 Ana MN ID WOW. WOWS WI OWN ;at 1Y WOO Lot 1127 22.247 S4 Ft ft Aa 7,w 20.61 Warp EnolopeW e9 a>. 7.5 UMex 6unape • *5" - FaTTL6 SURt).)7NG SAW PICA'S 92J Cooper Avenue GAr.waod Spring. Colorado 61601 (9]Oj 925-9708 (FAX 917-9007) / 7 xraiewct W.011 &ra °'Irian / 4. Amended Final Plat .4spen 6 -Yen Subdivision, Filing 7, Lot 1127 Lot .1127, Aspen Glen, Piling No. 7 According to the Plat recorded as Reception No. 552596, County of Garfield, State of Colorado The purpose of this Amended Plat is to Adjust the Building Envelope 1 F. I. o aar.4 7 • e Y van 71!2..4 4C 42549 We ow n p. Mrpor d ea we .ea 59.ry 2241,0 n La0I2 money, 2®544.2 m 55747 s?w4• t5. WW1 t5'l 4 - nto .wasift _al W YM� rr.ra.nr..t .+r. �. .�..a rn x+wr a MO .wno. YlNR4n�.rI LlY teftla Oa r .1 on . r.. Wr Dr w Mar • ..•w, ro...w .rte -.ia: 0 A EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION 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. X Mailed notice was completed on the 15th day of February , 2011 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. X All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20_. ■ Please attach proof of publication in the Rifle Citizen Telegram. o My application required Posting of Notice. Notice was posted on the day of , 20_. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information is true and accurate. Name: Britt C 5ignatu Date: February 15. 2017 7016 2070 0000 2389 0933 O P 7016 2070 0000 2406 4241 7016 2070 0000 2406 4258 r P a 0 En to 0X .tea 0 CC Cotri a 7016 2070 0000 2406 4234 ❑0❑❑❑ S)31=' 3 0. _IUD m 5 a a--9. Z 11111 P a 7016 2070 co alb •0 0000 2406 4227 8160'x_ of m -_I r m m -71 I a r 0 0 O S er 7016 2070 0000 2389 0940 M �i 6 �. W titZt=v1i o• CI ❑❑❑0❑ 3 � S ¢ � a 3 U � 'i!S L H ptiF�N` s tabbies* m w 0000 2406 4197 N ru rR h U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps. corn'. 0FFIC{JAL Certified May! Fee Exirs Services & Fees (check boy ea' lee of eppropileie) ❑Return Receipt pierdcoptry S ❑ Return Receipt (electontc) $ ❑Certlned Mall Restricted Delivery $ ❑AdukSmut= RoguOad 1 ❑ Adult SlgnsturaReetrJCt9QikuAmry $ ' • 1 Pnatage rdmtl GRE6 AO ANNA VITALI $ 285/SADDLEBACK ROAD $8n111 CA IBONDALE, CO : $.1,6 3 it L) 0igy.1 •0. USE Pastmnrk Ho fit PS Form 3800, April 2015 PSN See Reverse for Instructions U.S. Postal Servicer CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our websile at wivw.mips.com'. FFil _11Aii US Ceretted Melt ee s Exire S- cele& egg fthack ba.. add brae SVAr. ❑ei:uni Racerpt Qwwylroph $ ❑Re:um FaecarpttWsctran) $ •- ❑ Ceralkd Mall Restricted Delivery i ❑ Adult Slanetu n3 Required S .. . 0 Adult Stg'Nieto Re5lddrd Delivery S Poatago iia GIESZLFAMILY NEVADA LLC $ C/0 YALE GIESZL sant P.O. BOX 6535 Sfie SNOWMASS VILLAGE, CO 81615 Ciryt Postreark Here PS Form 3800, April 2015 PSN 7530 c2•1tc•9O47 See Reverse for Instructions 7 r m ru N ru r- RJ 1-4 M1 U.S. Postal Service''" CERTIFIED MAIL® RECEIPT Dornestic Mail Only For delivery Information, visit our viebcite at tvivlv.usps.com" rttra arvfCea & Foss(cherrX• as :..... El Return Receipt Giaodcopyj rsk Q Ratan Rimier (eseoolul?. 0codified dartR iaatadollivery 1,____i ❑Adult Signature Required t $ ❑Adult Stpisture Restricted 0ellimy $ •- Postage Total F s Sera 7 SiioeT eriy - RICHARD S. PERKINS, NATALIE P. BARTLETT JULIE P. CORDONNIER 125 UPLAND ROAD CONCORD, MA 01742 0 PS Form 3800, April 2015 PS0 753u-e0oou- 017 See Reverse for Instructions U.S. Postal Servicer" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website al wiVlla asps f:orlr'. ECodified Ma -UFOs .ti EXtra Sorydoas & Fens (emelt ❑ Ren n Racelpt pwdocpyy ❑ Return Receipt(ataeuork) ❑ Corgrted MNI Ra*eo iad r alt ❑AduaSlanshuo Ragiked $ ❑AduriSignaiureAntr la0.DeeaxifI%- S, field he m ActOMPtiosi) $� Poatapa • tsar r ASPEN G%EN GOLF CLLIV: MANAGEMENt COMPANY Ssnt7 PO BOX 790830 -�— •Biei SAN ANTONIO, TX 78279 airn PS Form 3800, April 2015 PSN 0•02-002-90ar ek113rk Hate See Reverse for Instructions Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Jeffrey Tuttle — Tuttle Surveying Services From: Scott Aibner — Garfield County Surveyor Subject: Amended Final Plat of Aspen Glen Subdivision, Filing 7, Lot H27 Date: 02/27/2017 Jeff, Upon review of the Amended Final Plat of Aspen Glen Subdivision, Filing 7, Lot H27 Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once 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 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom 1 Homeowners Association at Aspen Glen, Inc. Design Review Committee February 2, 2017 Ms. Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Plat Amendment Lot H-27/ 26 Saddlehorn Court Dear Kathy, EXHIBIT via email This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed the proposed plat amendment to adjust the building envelope for Lot H-27 / 26 Saddlehorn Court. Portions of the existing home, built in 2002, extend beyond the platted building envelope. The extensions are the building's eaves, outdoor amenities such as a covered porch and back deck, and a bay window. In the case of the rear of the home the extensions protrude in the golf course easement. The DRC reviewed this application at their February 1, 2017 meeting and recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 2. There are 6 exterior lights on the back of the home that do not comply with the Aspen Glen Design Guidelines. The DRC recommends that they are brought into compliance and the application has indicated that they will work with the DRC to comply with the Guidelines. 3. The building envelope is to be adjusted only around the parts of the home that extend beyond the building envelope. 4. The Aspen Glen Golf Club has reviewed the proposed plat amendment and is willing to: "grant license to use this portion of the Golf Course Corridor Easement." Therefore, the note on the draft amended plat "Golf Course Easement to be removed by this Amended Plat" should be taken off the draft plat. However, any "license" activity that needs to occur is between the Club and the application. The DRC is not a party to that issue. 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email: leslielamonl@aspenglenhoa. com 1 5. Any further improvements to property require DRC review and approval. The DRC noticed property owners within the vicinity of the project site and no objections were made to the proposed plat amendment and one neighbor spoke in support of the plat amendment. The Aspen Glen DRC recommends approval of the proposed plat amendment as proposed on the Amended Final Plat, Aspen Glen Subdivision, Filing 7, Lot H27. The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Mr. Chad Lee Ms. Laura Gee 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 Email:leslielamoni@aspenglenhoa.com 2 David Pesnichak EXHIBIT From: Leslie Lamont <leslielamont@aspenglenhoa.com> Sent: Monday, February 13, 2017 2:53 PM To: David Pesnichak Cc: 'Chad Lee'; 'Laura Gee'; Arleen Ginn; Bonnie McLean; christiejensen@christiejensen.com; Dave Steele; Greg Mozian; Jim Kenney; morleyandrea.am@gmail.com; Steve Beckwith; Warren Palmer Subject: RE: Aspen Glen H27 - Amended Final Plat - Referral Good afternoon Dave. The Garfield County file that includes the draft amended plat is the same presentation that was made to the Aspen Glen DRC at their regular meeting February 1, 2017. The DRC approved of the adjusted building envelope with the condition of approval that any further development on the property or exterior modifications require DRC review and approve. In addition, the DRC has requested that the applicant bring the 6 exterior lights into compliance with the current Design Guidelines. Finally, I do want to point out that the Aspen Glen DRC's comments are not in -lieu of the Aspen Glen Club. Although the DRC did seek Club Corp input any agreement that enables the structure to occupy areas of the easement is between Club Corp. and the applicant. Thank you for the opportunity to comment on this application. Leslie Lamont, Administrator Design Review Committee Homeowners Association at Aspen Glen, Inc. 80 Bald Eagle Way Carbondale CO 81623 970-963-8434 www.aspenglenhoa.com From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Wednesday, February 8, 2017 11:36 AM To: Kelly Cave <kcave@garfield-county.com>; Scott Aibner <saibner@garfield-county.com>; leslielamont@aspenglenhoa.com Subject: Aspen Glen H27 - Amended Final Plat - Referral Hello, The Garfield County Community Development Department has received an application for an Amended Final Plat for Lot H27 within Aspen Glen Filing 7 Subdivision located at 26 Saddlehorn Court, Carbondale. The proposal is to modify the Building Envelope, Parcel Number 239513406027and Lot H27 (0.51 acres). The existing home on the property, which was built in 2003, has been found to be outside the approved building envelope and encroach into the golf course easement to the rear of the property. An encroachment license is expected from the holder of the golf course easement. The property is owned by K A & M PITKIN PARTNERS LLC. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by Monday February 27, 2017.