HomeMy WebLinkAbout2.0 Staff Report DD 09.21.18Directors Determination - Staff Report Exhibits
Applicants are Richard and Leann Katchuk
Amended Final Plat - Administrative Review
September 21 ,2018
(File FPAA-07-1 8-8658)
Exhibit
Number
Exhibit Description
1 Public Hearino Notice lnformation
2 Receipts from Mailing Notice
3 Garfield County Land Use and Development Code, as qrnelqeq
4 Garfield Countv Comprehensive Plan of 2030
5 Application
6 Staff Report
7 Referral Comments from the Aspen Glen Homeowners Association,
dated Auoust 27.2018
8 Public Comment, from Mary Jo Murphy, Dated SeptemOer 9, 2018
9 Aspen Glen PUD Building Envelopes - Policy 03-13
File No. FPAA-07-1 8-8658
Director's Determination - September 21,2018
PW
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Amended Final Plat for Lot GV1 Aspen
Glen
APPLTCANT (OWNER)
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
LOT SIZES
ZONING
Richard and Leann Katchuk
Tuttle Surveying Services
Lot GV1 Aspen Glen Filing No. 2
According to the Plat thereof recorded
July 1 5, 1997 as Reception No. 510975
The property is located al 12 Primrose
Lane, Carbondale, CO 81623, in the
Aspen Glen Subdivision
Lot GV1 - 0.752 acres (no change)
PUD (Aspen Glen PUD % Acre
Residential Zone District)
I. DESCRIPTION OF PROPOSAL . REQUEST
The Applicant is requesting an Amended Final Plat to amend the Building Envelope on the
subject lot. The Building Envelope adjustment is being proposed in order to build an
addition onto the existing house. No other changes are being requested.
II. AUTHORITY - APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-305,
Amended Final Plat and 4-103, Administrative Review of the Land Use and Development
Code. An excerpt from Section 5-305 (C) containing the Review Criteria for an Amended
Final Plat is provided below.
Amended Final Plat Criteria:
C. Review Criteria
An application for an Amended Final Plat shall meet the following criteria.
1. Does not increase the number of lots; and
2. Does not result in a major relocation of a road or add any new
roads; or
3. Will correct technical errors such as surueying or drafting errors.
Public notice for the Director's Decision is required in accordance with Sections 4-103,4-
101 and Table 5-103 and has been completed by the Applicant.
Aeria! View
Proposed Plat AmendmentI ^q'--rFK 1 7 /
',ai;;
riq Fl
tv.
III. PUBLIC & REFERRAL COMMENTS
Public Notice as required by the County Land Use and Development Code was completed.
One public comment was received in support of the application (Exhibit B). None were
received in opposition.
Exhibit 7: Referral comments were received from the Aspen Glen Homeowners
Association supporting the request. Their comments included three conditions noted as
follows:
1. A copy of the recorded amended plat shall be provided to the Aspen
Glen DRC.
2. The DRC did approve the minor addition in conjunction with the
proposed building envelope adjustment. As this review progresses, if the
proposed adjustment is altered or not approved, then the applicant is
required to review any amendments to the minor addition with the DRC.
3. The DRC did not consider vacation of utility easements as that is the
responsibility of the property owner to ensure that those easements can
be vacated based upon review by service providers.
STAFF ANALYSIS
The Application complies with the Review Criteria contained in Section 5-305 (C)
noted as follows:
a. The Application will not result in an increase in the number of lots.
b. The Application will not result in the relocation of any major roads and does
not add any new roads.
c. No technical errors have been noted with the application.
No changes to the infrastructure or easements serving the property or adjacent lots
within the subdivision will result. All easements will be required to be shown on the
plat and referenced by recording information.
Comments from the County Surveyor are anticipated and will be addressed by a
condition of approval requiring his final review/approval and completion of any
requested edits prior to execution of the amended plat.
The applicant has maintained the overall area of the Building Envelope, with 1 ,620
square feet removed and 1,620 square feet added.
The Applicant has provided title work on the property that indicated a lienholder
certificate and signature shall be required.
The subject lot is located in the PUD %Acre Residential Zone District. This district
4
1.
2.
3.
4.
5.
6.
requires a 25' setback for corner lots along the side yard. Staff review indicates that
the side where the building envelope enlargement is to occur will be considered a
'side yard abutting a public/private street' and meets the 25' setback requirement.
Therefore the proposed Building Envelope adjustment is in compliance with PUD
zoning requirements.
The proposal has been reviewed and approved by the Aspen Glen Design Review
Committee.
The proposal is in compliance with Aspen Glen PUD Building Envelopes Policy 03-
13, attached as Exhibit 9.
Final edits to the proposed plat shall be completed, reviewed and accepted by the
County Attorney's Office and Planning Staff including but not limited to:
a. All Building lmprovements shall be removed from the plat.
b. The plat shall be in black and white.
c. A plat note shall be added referencing the originalAspen Glen PUD finalplat
and affirming that all plat notes shown thereon shall remain in effect.
d. Names and Addresses of property owners and Mineral owners shall be
included on the plat.
e. The plat shall reference the covenants on the subject property.
f . The applicant shall remove the white space around the Building Envelope to
the north so it is shown as one continual line. Additionally, the surveyor shall
clarify the line just to the north of the northernmost building envelope line. lt
appears that it may be a Utility, Drainage, and lrrigation Easement.
g. Lot GV2 and associated improvement information shallbe removed from the
plat.
h. All required certificates shall be included on the plat including but not limited
to the Certificate of Taxes Paid, Title Certificate, and Lienholders Certificate.
SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Applicant has completed all public notice requirements and
that subject to compliance with conditions of approvalthe Amended Final Plat of Lot GV1,
Aspen Glen, Filing No. 2 meets the requirements and standards of the Garfield County
Land Use and Development Code including the Amended Plat Review Criteria contained in
Section 5-305. The Application 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. Final review by the County Surveyor's Office shall be required and all edits and
5
7.
8.
9.
v.
corrections based on his review shall be completed prior to submittal of the plat for
signature by the Board of County Commissioners.
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. The following edits shall be made to the Plat prior to
submittal to the County for final review (additional changes or updates may be required as
part of this review):
a. All Building lmprovements shall be removed from the plat.
b. The plat shall be in black and white.
c. A plat note shall be added referencing the originalAspen Glen PUD final plat
and affirming that all plat notes shown thereon shall remain in effect.
d. Names and Addresses of property owners and Mineral owners shall be
included on the plat.
e. The plat shall reference the covenants on the subject property.
f. The applicant shall remove the white space around the Building Envelope to
the north so it is shown as one continual line. Additionally, the surveyor shall
clarify the line just to the north of the northernmost building envelope line. lt
appears that it may be a Utility, Drainage, and lrrigation Easement.
g. Lot GV2 and associated improvement information shallbe removed from the
plat.
h. All required certificates shall be included on the plat including but not limited
to the Certificate of Taxes Paid, Title Certificate, and Lienholders Certificate.
4. The plat amendment is limited to adjusting the Building Envelope on the parcel.
5. The Applicant shall comply with the referral comments from the Aspen Glen
Homeowners Association outlined in their referral comments dated August 27,2018 and
attached to the Staff Report as Exhibit 7.
6. 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 required Certificates;
b. Recording Fees.
EXHIBIT*L
Gurfield Coulnty
PUBLIC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. !n addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My apptication required written/mailed notlce to adiacent property owners and mlneral
owners.-lhr,red
notice was compteted on the 1'^ a"v rr Jt/brt/" - zo6.
ll owners of record within a 200 foot radius of the subject parcet were identified as
shown in the Clerk and Recorde/s otfice at least 15 calendar days prior to sending
notice.tl/
Ll?Att owners of mineral interest in the subJect property were identified through records in
the Clerk and Recorder or Assessor, or through other means llistl /;tz-
. Please attach proof of certified, return receipt requested mailed notice.
tr My application required Published notice.
Notice was published on the daY of
r Please attach proof of publication in the Rifle Citizen Telegram.
20
tr My appllcatlon 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.
I testlfy that the above information is true and accurate.
tr:r
IT
-!mr
l"ft
EIct
EItf
tr
J
trlm
r!r{E
rL
mru
IT
-!mrul
E
trtcfE
EIt
trtm
r!rl
trtrr
tr
Eo
r:l
E.
JIm
rFtJl
E
Ef
trt
trt
(:l
t
trtm
t\
rftrlrr
rEmrr
--om
IT
r.r|
Etc!Eo
E]f
trrm
rrr{E
ru
0 \ ?t\t
i.n /r'., railt.tlt t.tl.1t.,\
sltffiiAr{ 0ffis c*.rt.4?x
E Fetum Re@lpt (hadcopy) S - -.
D FiM Bs*tpl (6,dDnlo) t _
f]C.dUed Mart Rodddd Dcltu6ry i -"
EAdult Slmotuc R{urBd i .
0h,?sl$
orau.ih-dy
ru
-!ru
tr.
--0mrrn
EIE
trtE
Eftrlm
rrrl
T3r\
trr!
rur
-!mrIrl
E
Ettrl
EI
EIt
Et
rn
Fr:ltft!
.-o
Go
rur
--0mrrrl
EE
EIE
tff
EI
rn
r-rqE
f!
mr
rur
..om
ITrn
trlEtIfE
trtf
trtm
rlrl
Efr!
lllAl1l, fL ff1,i3 X68-',4/d\
$3.,;i /'3:,{.\q
)q 20&*""
-//d?tY''r
i:#ffir#tr*HffiLJcsmdMdlR@rffidD6rv6'y f _ tftH+__DAdult Slgnrtu€ Rquhd I --E;il;;;o". r","- I,'f\'ntl
$r:r"lr:i \ \
s'-i,,ir \l
W," R;r-har,l t Parnda- gras4tero
lros, ,,idApl Mi., u fu Box filo. ,l')lan 4d 21 A,ou,,.,4 l)ct
'f'Y;f:i-6,,::;;-'n i )t z,
{AETLE IT]Cfi] {0 s01'
olt ?lllL
.Tqtl+/28160!
D Bdurh R*olpl 0Edmpy) 3
ER€M Re.rpr (cBMlc) I
flcutfleo MaLt cestraod oeltrry t
flAdulrslgnduBRcqulEd I
flAdult slgMuE FosHdod D€llvry 6
]r,|hrn
^P,A:#rlm-orlrl.,.
- - V -e-r- k . - - -
ii il i.l;rt iii e-..L d n e.. Cc^sll *
"'n*P'::-t: cou'g ot o*
rfl
ro
rur
-Imtr.ro
EI
EfEE
EI
J
trtm
r!rl
EIr\
Eo,
rutr
.Jlmrlrl
EEI
trttrl
o:f
trtm
t\r{E
fL
rLr{
ruIT
--omrl4
trltrl
13trl
[ff
Em
r\
trl
rL
If
EI
rur
-Tmtrtrl
trltf
trttrl
Et
E]m
t!r{
trrrr
p shp$
ERobrn Redpt (nardcop, g
flR6MBeotpl(dsotrcnlo) t
ncidf€dM.ttRst.tct6dooltury $
ElAduttslgmtuD8.qulEd S
SlgnatuE 88Hct d OoHwy 0 -
Postmaft
0\ tss
t"iSz[4 /'jr0 B
E ftoturn Redpt O[rd6D, 3
E Retum R.*tpt (stlciEnio) f
EcodfrsdMrilBainot€dDoIv.ry i
EAduh SrgMtuB F6qutEd O
DAdult SlgnatuE Bdrtct.d Doltu{y 0
stP u:ffz0ts
trrtr
,!mrlrl
trltrlE
trt
tf,f
trt
m
trrlErr
trtr!r{r
.!mlr
14
tf
Et
E]
trr
trtfEm
rs
Err
m
..0r{r
-!mrtll
EEtrl
E]
trl.fEm
t\r{Et
rL
tt
ru
I{lr
-.om
ITtfl
EE
EI
EI
trlt
rf,m
11
trt
t!
sEP \iTlHslb
sEP ot'2018
SEP 6Tfr&$
DF6tumRocdptoerd@Py) $
ERotum R*dpi (.lffinlc) t
E ccrtlnBd M6ll R@rlold Dollvdy t
EAduh SlgnBruB RoqulFd 3
SlgnrtE F6ucH D6ltvlry $
U'diit
Ql'
,Pt"*k*.
lltAlt0sr T{ ?.IPtt(
"
ERolurnB6c6lpl(hard.op, $
Dn€UmRmdpt(obctDnlc) 3
E Oodm€d Mdl R8l.ldod Osllv&Y $
EAdult slgnatuB R.qulEd $
[Aduft slonaluB Rorhctod D6llvsry 0
?81? 3Ett0 U000 513t 113??017 30q0 0nDE 513b t15h
trtr>o
EEAr
€"a8*o
q
?q
trtr
,!
EE
5!88g9
EE
+€
tl
?El,? 30r+E ErrrrE 513? EeLS ?o),? 3u'{E BE00 513h Seeq
rut\.ru
.:r'
EO
mtr
a,f,
EI
EIEIE'
EI
f
EIrn
rL
r.:l
EI
rL
Ir-
GO
ru:r
ro
mrlf,
EIEIaEI
EI5-EIm
..orru
f
drnr
tt7
trt
EI
trttrt
trt
trIrn
s6F
rr-
F:l:I
|Jmqrn R.ocap{0i.daopt t
trn*rnfuooptOlrt*nfO C
EOr-UXmf nrrt,a*D.L,t y S
t)9/0$/20uJ
(iAt{tl()NI.tAt t_lilt5 MAIN 1,7
ilAllB0NttAt t-
B1t,23 3600
0713680r-13l(800)2llt'81 t /
5al e
0tv
Product
Descr' 'i ot i ort
Total
f irral
Pr ice
$0. 50
$3.45
$11.85
$3.45o'-=--
$0.50
Fi rst-Cl ass 1
l'lal I
Letrer
(Domest i c)
(SED0NA. AZ 811351)
(l{ei cfit :0 t-b 0.50 0z)(Esti mated Del i ver.v Date)
(Mondav 09/10/2018)Certified 1,
(@@USPS Cert i ft ed Mar I #)(7017304A000059384272) -?
Fi rst-Cl ass 1 $0. fO
Mai I
l-etter
(Domest i c)
(CARBONDALE, CO 51623)(I{eight:0 Lb 0.50 Az)(Estimatecj Del ivery Date)(Saturday 09/0A/2018)
Certi fi ed 1
(@0USPS Certified l'lai I
- (70173040000059384289)
Fi rst-Cl ass 1
Mai I
l-etten
(Domest i c)
(CARBONDALE, CO 81623)tliei sht :0 Lb 0.50 0z)(Esti mated Del i ver.y Date)(Satundav 09/08/20t8i -
Certi fi ed t $S. qS
(@@USPS Certified Mail #) '
(70173040000059384206) _-
Cnedi t Card Remi td $11.g5(Car^d Name:Discover)(Account # : XXXXXXXXXXXX669l )(Aponoval #:006g4R)(Transacti on #:014)(AID:A0000001b23010
Chi p)(AL: Di scoven)(PIN:Not Required Di scover Credi t)
iiitqti:ie';3i-i[3 ?:r3:i ti.?:]],standar d Messase and D;i; iui.i."i,uv
iEBl',.I3[, fl;,.i, ll, y, illo8:li!:ni;.
-Pr-evierv your l'tailIrack your packages
Sign up for FREE-0
lytrl'l. i nformeddel i very. colll
All sales final on stamps and postag
Refunds f9r guarante.o ii.vi';#ili;
Thnnlz rra,r {a^.,^,.^ r^..-r.-
EXHIBIT
+
Honrcowners Associution at Aspan Glcn, lnc.
Desi gn Revievv Ctttnttlittee
August 27,2018
Mr. Patrick Waller via email
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Referral for the Proposed Amended Plat for Lot GV-l Filing 2 Aspen Glen
Dear Patrick,
Thank you for the oppor"tunity to submit this referral letter related to the amended plat for
Lot GV-1. Previously the Aspen Glen Design Review Committee (DRC) reviewed the
proposed plat amendment at their meeting May I 6.2018. The proposed adjustment was
considered to accommodate a minor addition.
The DRC approved the adjustment and recommended approval to the Board of County
Commissioners finding that the area of properly that will be expanded upon is not
adjacent to other private properties (it is near a street corner) and the yard area is heavily
vegetated to screen the one-story addition closer to the street. The DRC recommends
approvalto the Garfield County Board of County Commissioners with the following
conditions:
l. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC.
2. The DRC did approve the minor addition in conjunction with the proposed
building envelope adjustment. As this review progresses, if the proposed
adjustment is altered or not approved, then the applicant is required to review any
amendments to the minor addition with the DRC.
3. The DRC did not consider vacation of utility easements as that is the
responsibility of the property owner to ensure that those easements can be vacated
based upon review by service providers.
The DRC noticed propefty owners within the vicinity of the property, no objections were
noted.
Having reviewed the application submitted by the applicant to Garfield County, the
Aspen Glen DRC finds that the application reflects the same amendments presented for
their review and continues to support the proposal with the conditions outlined above.
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Emai l. I e s I i e I am ontd)as pe ngl e n h oa. c o m
If you have any questions, please do not hesitate to contact me.
Sincerely,
/-ar/rz /a*,o*
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
0080 Bald Eagle.l|/ay Carbondale, CO 81623 Tel: (970) 963-3362 2
Emai I : I es I ie I amont@aspe nglen hoa. c ont
Patrick Waller
From:
Sent:
To:
Subiect:
Glenn Hartmann
Monday, September 10, 2018 1 1 :19 AM
Patrick Waller
FW: Website inquiry -Community Development
Hi Pat: Public comment on your Amended Final Plat. Glenn.
-----Original Message----
From: Sheryl Bower
Sent: Monday, September 10, 2018 8:13 AM
To : G lenn Ha rtma n n <gha rtma n n @ga rfield-cou nty.com>
Subject: FW: Website inquiry -Community Development
Can you pass this on to whoever is handling? Thanks!
Sheryl L. Bower, AICP
Garfield County
Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO
81601
(97O!,94s-1377
---Origina I Message:--
From : Mary Jo Murphy [mailto:maryjomurphyT @gmail.com]
Sent: Sunday, September 9, 2018 9:04 PM
To: Sheryl Bower <sbower@garfield-county.com>
Subject: Website inq uiry -Com m u nity Developme nt
Mary Jo Murphy has sent you a message:
12 Primrose Lane, Carbondale, CO (Aspen Glen)
336-577-8581
ln response to the Public Notice re: Katchuk application to request Amended Final Plat - I am totally in favor of this
application to change the Building Envelope to allow for an addition to be built onto the house at 12 Primrose Lane.
PolicY 03-13
Aspen Glen PUD Building EnveloPes
August 5,zOLg - revised August 28,20L3
TheAspen Glen PUDwas approved pursuantto Resolution 92-056 (recorded at Reception No.436262;
Book 835, Page 305). The PUD zone district requirements are contained in a document attached to the
approved resolution. ln regard to building envelopes:
. Findings 9.f. required that adequate privacy be provided between the dwelling units through lot
sizing, building envelopes and architectural control.
. Condition of Approval #17 required that the Preliminary Plan have a building envelope
designated for every lot to avoid sinkholes within the PUD and that all building envelopes shown
on the Final Plat shall be consistent with those shown on the Preliminary Plan.
. Condition of Approval #65 required that all building envelopes be located on lots such that no
wetlands would be impacted by foundation, accessory buildings, driveways or other accessory
structu res.
The pUD guide forAspen Glen specifically references both Setbacks and Building Envelopes, indicating
that these two terms have different meanings.
Consistent with the Zoning Resolution of t918, the generally accepted definition for setback is as
follows: "The minimum horizontal distance between the front, rear, or side property line and the front,
rear, orside of a structure." Perthe same resolution, (the adopted land use code atthetime of Aspen
Glen pUD approval), and perthe Land Use and Development Code 201-3 (the currently adopted land use
code) setbacks allowforspecific projections into a setback depending upon the type of architectural
feature (see 1978 Zoning Resolution section 2.02.48 and2.02.54 and tIJDC 2013 section 3-202.G).
Setbacks create an area in which one can build, but allow for specific types of projections
Though not specifically defined in the Zoning Resolution of L978, the common understanding of Building
Envelope and the adopted definition per the LUDC 2013 is "A designated area within a lot or parcel in
which o//structures and development shall be constructed oroccur, unless specifically excepted or
exempted including but not limitcd to, cxcavation, londscaping, building, grading, demolition, or filling.
This is consistent with terminology used in the Aspen Glen PUD guide, for example the guide states
"Each estate lot will have a predetermined building envelope within which all structures will be
confined."
ln summary, Building Envelopes are areas in which all structures shall be contained within the
designated envelope area. On the other hand, setbacks are allowed to have projections as permitted in
the adopted land use code. This does not allow for projections of any kind or structures requiring
building permits to be constructed outside of the designated building envelope but does allow for
landscaping and other similar types of improvements. Because the Aspen Glen approvals incorporate
both Building Envelopes and Setbacks, the more restrictive designation controls.
Historically, the County has not reviewed or limited the types of activities that have occurred outside of
the building envelope, including improvements such as landscaping, patios and walls, so long as they do
not require a building permit. The County will continue to leave up to the discretion of the Aspen Glen
Design Review Committee what type of improvements can occur outside of the building envelope so
long as they do not require County review and issuance of a building permit.
Within the Aspen Glen PUD, where it is known that there are designated building envelopes, both the
Plat for an individual lot as well as the PUD guide should be reviewed before approving any building
permit to ensure that both the building envelope and required setbacks are being met. Any request to
amend a building envelope shall be processed as an amendment of a final plat.
Building Envelopes create an area in which all building must be contained, including projections
2iPage