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HomeMy WebLinkAbout3.0 BOCC Staff Report 11.27.2000REQUEST: BOCC 11/27/00 PROJECT INFORMATION AND STAFF COMMENTS A request for a Text Amendment and Plat Amendment to Aspen Equestrian Estates (Preshana Farms) to adjust four (4) building envelopes, their respective zone text, and correct other existing incorrect zone text. APPLICANT: Jay Weinberg, Manager, Aspen Equestrian Estates LLC. LOCATION: Lots C8, C9, C10, and C11, Aspen Equestrian Estates Subdivision PUD. The southwest corner of County Road 100, and Colorado State Highway 82, adjacent to Catherine Store. SITE DATA: Subject lots are vacant and range in size from 0.241 to 0.278 acres. ACCESS: Corral Drive. EXISTING ZONING: PUD. I. INTRODUCTION/DESCRIPTION OF THE PROPOSAL: The applicant, Jay Weinberg, is requesting a Plat Amendment to adjust the existing building envelopes on the subject lots, and amend the zoning text to correspond with the building envelope proposed changes. In addition, additional zone text amendments are proposed to, (1) maintain the original intent of the PUD to prevent adverse visual impacts on Highway 82 from homes (building masses) to be built on the subject lots and, (2) to correct zoning text errors which currently refer to lots by their PUD designation lot numbers rather than their approved Final Plat lot numbers. The original PUD and Final Plat approval restricted the subject building envelopes (within the R10/Single Family Residential Zone District Text), to a minimum rear yard setback of fifty feet (50') with a building height of twenty-five feet (25'), to prevent encroachment upon Highway 82, along the rear yard, which may have produced adverse visual impacts upon Highway 82. The proposed amendment would allow for a minimum rear lot line setback of twenty-five feet (25'), but with a zone text restriction of a maximum building height of eighteen feet (18') within seventy feet (70') of the rear lot line. 1 An additional text amendment is proposed for the R20/Single Family Residential District to correct an error in the reference to lot numbers to allow the text to correspond correctly to the recorded Final Pat lot numbers. The proposed Final Plat Amendments and Zone Text Amendments are included in the application submittal package. Although the applicant's are applying for a Plat Amendment and Zone Text Amendment, the County's regulations only require the Planning Commission to render a recommendation on the proposed Zone Text Amendment. The Planning Commission did this in its recommendation of approval with conditions as outlined later in this staff report. Staff would like to note that the proposed Plat Amendment cannot be approved without the prior approval of the proposed Text Amendment. As such, procedural requirements would require the Board of County Commissioners to render a decision on the proposed Text Amendment prior to rendering a decision on the proposed Plat Amendment. Thus, a decision to deny the proposed Text Amendment would require the Board of County Commissioners to render a decision of denial on the proposed Plat Amendment. II. ASPEN EQUESTRIAN ESTATES. LLC The application submittal has been signed by Jay Weinberg, Manager, Aspen Equestrian Estates LLC, lending support to the application. III. RELATIONSHIP TO THE COMPREHENSIVE PLAN This application appears to be in compliance with the Garfield County Comprehensive Plan of 1995, for Study Area 1, as amended. IV. SUBDIVISION REGULATIONS: For the purposes of a Plat Amendment (the amending of the building envelopes on the Plat), Section 6:00, of the Subdivision Regulations, as outlined below pertain. However, as discussed earlier, the Planning Commission only needs to render a recommendation on the proposed Zone Text Amendment which is provided later in this report. 6:00 Amended and Corrected Plats 6:10 An amendment may be made to a recorded plat, if such amendment does not increase the number of subdivision lots or dwelling units, result in the major relocation of a road or add new roads. This applied for Amended Plat does not increase the number of subdivision lots or dwelling units, and it does not result in the major relocation of a road or add new roads. 2 Any proposed amended plat relocating two (2) or less property lines common to two properties, may be approved by the Board of County Commissioners at a public meeting. (99-096) The proposed Amended Plat does not relocate any property lines. However, the proposed relocation of the building envelopes may also be approved by the Board of County Commissioners at a public meeting. This application appears to be in compliance with the Garfield County Subdivision Regulations of 1984, as amended. V. ZONING RESOLUTION: For the purposes of a Zone Text Amendment, Sections 10.00, and 4.12 of the Zoning Resolution pertain, upon which, the Planning Commission must render a recommendation to the Board of County Commissioners. Section 10.01.01 This section states, "Amendment to the text of this Resolution or a Planned Unit Development Resolution and not affecting the shape, boundaries or area of any district; such amendment shall be referred to hereinafter as a Text Amendment." The proposed Zone Text Amendment does not affect the shape, boundaries or area of any district, thus, as per the regulation above, shall be referred to as a (Zone) Text Amendment. Section 10.02.01 Text Amendment This section pertains to the initiation of a Text Amendment and states the following persons may initiate the amendment: "Any owner of real property affected by such a change, The County Commissioners or the Planning Commission." The applicants have been given the authority of the owners of the subject properties to proceed with this application. Section 4:12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN Section 4.12.03 All those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following: (1) No modification, removal or release of the provisions of the Plan by the 3 County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and It does not appear that the applied for Text Amendment and/or Plat Amendment would affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD(;) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. (3) It appears that this application is in conformance with this regulation. If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. The proposed Text Amendment is not proposing any time-share or fractional ownership units or other similar interest in property. VI. ADDITIONAL STAFF REVIEW: Although the proposed amendment allows the building envelopes to be reduced to a minimum of twenty-five feet (25') from the rear lot line from the existing fifty feet (50'), the height of any buildings within the envelopes are also to be restricted to eighteen feet (18') for a distance of seventy feet (70') from the rear lot line, from the existing twenty five foot (25') height at a distance of only fifty feet (50') from the rear lot line. A berm is also proposed along the rear of the subject lots between the lots and Highway 82, as depicted in the application submittal. This will be a condition of any approval. It is staff's opinion that the reduced rear lot line setback would be off -set by the additional height restriction, and proposed berm. This would maintain the intent of the PUD to prevent any adverse visual impact on Highway 82, and allow for the predominant housing style as outlined in the application submittal in this development, to be built on these four (4) lots. 4 VII. OTHER ISSUES: The applicant should be aware that any lien holders of the subject property will have to sign the Amended Plat to be recorded. VIII. SUGGES I'ED FINDINGS: 1. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 2. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3. That for the above stated and other reasons, the proposed Zone Text Amendment, and Amended Plat, are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. 6. That the application is in conformance with the Garfield County Comprehensive Plan of 1995, for Study Area 1, as amended. IX. RECOMMENDATIQN(1): At a regular meeting of the Planning Commission, on Wednesday, October 11, 2000, the Planning Commission recommended APPROVAL of the applied for Text Amendment with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval, including but not limited to the following: Bold added for emphasis. A. The proposed berm within the application submittal shall be completed, including landscaping. If this has not been completed prior to the hearing before the Board of County Commissioners, security, in the amount necessary to complete the berm, in a form acceptable to the Board of County Commissioners, must be submitted. 5 2. The following plat note be included on any recorded Amended Plat: "R10/Single Family Residential: Minimum Setbacks: Front Yard: 25 feet Rear Yard: 25 feet with limitations as noted on the original final plat. (Maximum building height shall be limited to 18 feet in any area within 70 feet of the rear lot line of Lots C8, C9, C10 and C11). Side Yard: 15 feet Maximum Building Height: 25 feet provided however, Lots C8, C9, C10, and C11, as depicted on this Amended Plat, shall be limited to a maximum building height of 18 feet in any area within 70 feet of the rear lot lines of said lots." 3. A complete copy of the zone text as previously recorded, be submitted with any approved text amendments, replacing the current zone text in the appropriate places to be recorded with any approved Plat Amendment. X. RECOMMENDATION (2): Staff recommends APPROVAL of the applied for Amended Plat, as depicted on the submitted Amended Plat, with the following conditions: 1. An amended Subdivision Improvements Agreement (SIA), for Aspen Equestrian Estates (Preshana Farms), must be submitted prior to the Amended Plat being signed by the Board of County Commissioners, and must include a certified cost, by a Colorado registered professional engineer, of the berm to be completed, including landscaping, to screen Highway 82, as depicted in the application submittal. 2. Unless certification, by a Colorado registered professional engineer, that the improvements for the proposed berm, including landscaping, have been completed, is supplied at the Board of County Commissioners hearing of 11/27/00, security, in the amount necessary to the complete the berm, including landscaping, consistent with the certified cost, above in condition 1, and acceptable to the Board of County Commissioners, must be submitted, prior to the Amended Plat being signed by the Board of County Commissioners. 6