HomeMy WebLinkAbout3.0 DD Staff Report 01.18.2013File # FPAA-7366
Directors Determination
GH 1/18/13
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Amended Final Plat Lots 5 & 8 Riverbend
Subdivision Filing No. 5
APPLICANT (OWNER) RB Homes Inc.
REPRESENTATIVE Steve Boat
LOCATION Lots 7 and 8, Riverbend Filing No. 5, also
known as #117 and #123 Riverboat Drive
(Lot 8) and #97 & #103 Riverboat Drive
(Lot 7), New Castle, Colorado. The
property is located approximately 2 miles
east of the Town of New Castle, and is
also known as Assessor's Parcel
Numbers 2123-343-30-008 and 2123-
343-30-007.
LOT SIZE
ZONING
Lot 7 is 0.35 acres in size
Lot 8 is 0.35 acres in size
PUD (Riverbend)
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant is requesting an amended Final Plat for Lot 8 for the creation of two
separate lots for each side of a duplex constructed on the Lot. The creation of separate
interests was approved by the Riverbend Filing 5 Plat/Approvals pursuant to Plat Note
Number 1.
The Applicant is also requesting a minor adjustment to the common lot line between Lot 7
and Lot 8 to ensure a compliant side yard setback (10 ft. or 'A the height of the principle
building, whichever is higher) for the duplex structure constructed on Lot 8. After the
adjustment the lot sizes for both Tots are represented to remain approximately 0.35 acres in
size.
II. AUTHORITY — APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-305,
Table 5-102, and Section 4-103 of the Unified Land Use Resolution of 2008 as amended
(ULUR). The request was determined to be complete as of December 19, 2012. Public
notice was required for the Director's Decision in accordance with Section 4-103.
III. STAFF ANALYSIS
1. The Applicant's plat provides improvement location information on the existing
duplex. The plat reflects existing access/utility easements and creates a "General Purpose
Utility Easement" to serve the two units independently.
2. The amended plat and uses are consistent with the Riverbend Filing 5 Final Plat and
Resolution of Approval (copy is attached). The lot line adjustment will need to maintain a
minimum lot size of 14,000 sq.ft. (0.32 acres) for each of lots 7 and 8 in accordance with
the PUD Guidelines.
3. The Applicant will need to provide a copy of the proposed Common Wall Agreement
for review and acceptance by the County Attorney's Office. The agreement will need to be
recorded concurrently with the filing of the plat. The Declaration of Covenants and PUD
approvals include allowances for the Applicant to create the proposed separate interests
on Lot 8 for the Duplex Units.
4. A copy of the Application was provided to representatives of the Riverbend Filing
No. 5 Homeowners Association (c/o Steve Boat). No comments have been received from
the Homeowners Association.
5. The Application was referred to the County Surveyor and he is still completing his
review at this time. Recommendations from the County Surveyor should be referred to as
conditions of approval in the Director's Decision Letter. Final review by the County
Surveyor prior to execution and recording of the plat should be required.
6. Review of the amended plat by the County Attorney's Office will be conducted prior
to final approval and execution of the plat. Confirmation that all required/proper
certifications and signature blocks are included on the plat will be required including the
Treasurers Certificate of Taxes Paid, Title Certificate, and Lien holders Certificate if
necessary. The County Attorney's office will also provide recording instructions in regard to
the Common Wall Agreement and amended plat.
7. The Applicant has provided copies of proof of mailing of the public notice to the
adjacent property owners and mineral rights owner. No public comments from adjacent
property owners were received by the Building and Planning Department.
8. Building permits for the duplex were properly obtained and the Building and
Planning Department has issued the certificate of occupancy for the structure.
IV. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that subject to compliance with the recommended conditions
contained herein, the Amended Final Plat Application for Lots 7 and 8, Riverbend Filing
No. 5 meets the requirements of the Garfield County Unified Land Use Resolution of 2008
as amended, including public notice requirements and is recommended for Administrative
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Approval by the Director of the Building and Planning 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. Prior to the execution and recording of the Amended Plat, the Applicant shall
provide a Common Wall Agreement for review and acceptance by the County Attorney's
Office. The Agreement shall address separate utility services for the duplex units and
shall be recorded concurrently with the filing of the plat.
4. Prior to execution and recording, the Amended Plat shall be subject to final review
and acceptance by the County Attorney's Office, including all certificates, plat notes and
signature blocks.
5. The adjustment of the lot line between Lots 7 and 8 shall maintain the required
minimum lot size for both lots (14,000 sq.ft.) and shall maintain the minimum side yard
setback for the existing duplex of 10 ft. or '/2 the height of the principle building whichever is
greater.
6. The Plat shall include a plat note indicating the purpose of the Amended Plat
(creation of separate ownership interests for the duplex units and maintaining the required
side yard setback for Lot 8) and a plat note establishing that all existing plat notes and
conditions applicable to the lots and Riverbend Filing No. 5 shall remain in effect.
7. All conditions of approval and edits to the proposed plat shall be completed and a
mylar of the proposed Amended Final Plat shall be provided to the County in a form ready
for signatures and recording within 90 days of the date of the Directors Decision.
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Exhibit A -- Excerpt from the Proposed Amended Final Plat (not to scale)
Corfield County, Colo
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486075 B--960 P-268 12/05/95 01:50P PG 1 OF 2 REC DOC nr1F
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss-
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 9th of December A.D. 19 95 . there were present:
Marian I. Smith Commissioner Chairman
Arnold L. Mackley , Commiesioner
Elmer (Buckey) Arbaney , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-090
A RESOLUTION CONCERNED WITH AMENDING THE APPROVAL OF A PRELIMINARY
PLAN FOR RIVERBEND FILING 5 PLANNED UNIT DEVELOPMENT CONTAINED IN
RESOLUTION NO. 95-083 DUE TO A SCRIBNER'S ERROR.
WHEREAS, R.B. HOMES, INC. filed an application with the Board of County
CnmmiscinnerS-of Garfieldrount;-for approval -of a-Preliminary-Planfor-Riverl nd•Filing-S-PUD;
WHEREAS, the Garfield County Board of County Commissioners approved the Riverbend
Filing 5 PUD Preliminary Plan on November 6, 1995 by Resolution No. 95-083;
WHEREAS, certain conditions of approval were incorrectly drawn up by the scribe and do not
reflect the motion of the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan conditions of approval
for the Riverbend Filing SPUD, contained in Resolution No. 95-083 be amended to read as follows:
1. All representations of the applicant, either within the application or stated at the public
hearings before the Board of County Commissioners shall be considered conditions of
approval unless otherwise stated by the Board of County Commissioners.
5. Thata landscape plan besubmitted to the Board of County Commissioners that details
the location, type, and si7e.of all landscape material to be used to minimize the visual
impacts of the sewage treatment facilities from all sides of the area, prior to Final Plat
approval. The subdivision improvements agreement will also include security to
guarantee the completion of the landscaping that will be held for one (1) year after the
landscaping is certified to have been completed in accordance with the plan. All seed
shall be certified weed -free. Additionally, the Final plat shall include a grading plan
and provisions for grass on the common open area and water for irrigation of the
.1.
(Th
486075 B-960 P-267 12/05/95 01:50P PG 2 OF 2
common area and that the maintenance of the area will be the responsibility of the
Riverbend Filing 5 homeowners association.
13. That the Final Plat include the following plat notes:
"Lots 5-9 may be divided into separate interests after the approval an amended plat i s
approved by the Board of County Commissioners, that legally describes the separate
interests to be created."
"A site specific foundation design for each structure shall be included with any building
permit application andthat each building design will include anti -radon gas
accumulation measures."
"No open hearth solid -fuel burning fireplaces will be allowed within the Riverbend
Filing 5 PUD. All dwelling units will be allowed an unrestricted number of natural gas -
burning fireplaces or appliances. All dwelling units will be allowed no more than one
new woodburning stove as defined by C.R.S. 25-7-401, et sees, and the regulations
promulgated thereunder."
Dated this 5th day of DECEMBER
ATTEST:
CI rk of the Board
vote:
, A.D. 19 95 .
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
01 -41' -"Ad
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I, Smith
Arnold L. Mackley
, Aye
Aye
Elmer (Buckey) Arbaney , Aye
STATE OF COLORADO )
)ss
County of Garfield )
County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
SINGLE-FAMILY ZONE DISTRICT
Uses by right: Single-family dwelling and customary accessory uses, accessory to use of the
lot for single-family residential purposes and fences, hedges, gardens, walls and similar
landscape features; park.
Uses, special: Studio for conduct of arts and crafts and home occupation.
Minimum lot area: Fourteen thousand (14,000) square feet.
Maximum lot coverage: Thirty percent (30%).
Minimum Setback:
1) Front yard: Local streets. Fifty (50) feet from street centerline or twenty-five (25)
feet from front lot line, whichever is greater;
2) Rear yard: Twenty-five (25) feet from rear lot line;
3) Side yard: Ten (10) feet from side lot line or one-half ('/2) the height of the principal
building, whichever is greater.
Maximum height of buildings: Twenty-five (25) feet.
Maximjjm floor area ratio: 0.1511.0
OPEN SPACE/PARKLAND
Used by right: Playgrounds, trails, park, playing fields, landscaping, water and sewage
treatment facilities and lines.
Minimum setback:
1) Front yard: Local streets. Fifty (50) feet from street centerline or twenty-five (25)
feet from front lot line, whichever is greater;
2) Rear yard: Twenty-five (25) feet from rear lot line;
3) Side yard: Ten (10) feet from side lot line or one-half (Y2) the height of the principal
building, whichever is greater.
Maximum height of buildings: Twenty-five (25) feet.
rEoval
fy?.
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TWO-FAMILY ZONE DISTRICT
Uses by right: Two-family dwelling and customary accessory uses, accessory to use of the
lot for two-family residential purposes and fences, hedges, gardens, walls and similar
landscape features; park.
Uses, special: Studio for conduct of arts and crafts and home occupation.
Minimum lot area: Fourteen thousand (14,000) square feet.
Maximum lot coverage: Fifty percent (50%).
Minimum Setback:
1) Front yard: Local streets. Fifty (50) feet from street centerline or twenty-five (25)
feet from front lot line, whichever is greater;
2) Rear yard: Twenty-five (25) feet from rear lot line;
3) Side yard: Ten (10) feet from side lot line or one-half (Y2) the height of the principal
building, whichever is greater.
Maximum height of buildings: Twenty-five (25) feet.
Maximum floor area ratio: 0.25/1.0
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