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HomeMy WebLinkAboutCorrespondenceHiColleen, On Wed, May 18, 2022 at 10:30 AM Colleen Wirth <cwirth(Ogarfield-county.com> wrote: Sheryl and Glenn suggested I connect with them collectively so they can download history. They confirm they are both very familiar and had some insight on efforts by prior building staff (Andy Schwaller and Dave Argo). I'll fold your fence question into that team discussion. Purpose of my forthcoming meeting is so I may get up to speed with internal team. l'm hoping to connect with Sheryl and Glenn on Thurs or Friday this week. Wll keep you posted and reply as soon as able. Are tennis and pickleball courts are "detached", "stand alone", "unenclosed unconditioned" open to the outdoor elements? Not abutting or within a permitted building structure? lf either court is within a building structure, please identify where and within what occupancy? They will be outdoor courts, detached and unconditioned. On the matter of the caretaker garage / private office and recycling center totaling some 2400 square feet. 1. Will the 2400 sq ft be attached to the 2800 sq ft R-3 residential living space? Detached. 1. 2. Will the 2400 sq ft garage / private office and recycle center remain under whole control and supervision of the Ranch Manager / Caretaker and be principally and primarily occupied and utilized by the Caretaker only? Yes. 1. 2. Will the recycle center be enclosed by walls and roof system and within the proposed building footprint? It will be covered by a roof but without any gates or fencing. (bins will be bear-proof and locked) 1. 2. Will the 2400 sq ft garage / recycle center be available for access and occupancy by the general HOA and residents at large? No, the residents will only be dropping off their trash and recycling, as they do now. (again, this is a re-build of the Ranch Manager's house and Garage) 1. I want to honor earlier discussions between client and staff but am mindful of scope and limits of a private home and code compliance under 2015 lRC. The actual use and occupancy will be a determining factor from a building code standpoint and I need to be clear if this is an 2015 IRC or 2015 IBC designed structure. What is happening in the garage and recycle center could potentially stretch this beyond private home IRC structure and into the lBC. I need to understand better. Thanks, I am hoping that this falls within the bounds of a residential use/occupancy. When you meet with Sheryl and Glenn, l'll be available to talk if you have questions: 970-309-2023. (Friday, I'll be on the road) Thanks! Hello Steve, I was able to "catch rJp" on some historic information at High Aspen Ranch and had a fruitful conversation with Glenn Hartmann, Principal Planner and Sheryl Bower, Community Development Department Director. To address the fence height and zoning requirements, Sheryl was supportive allowing for fence enclosure around tennis and pickleball courts. Where fences are greater than 7 ft in height, the Building Division will require a building permit for the public file record. Submit a SITE PLAN and fence assembly product specifications for the proposed fence material. We trust the tennis and pickleball court fences will not encroach into an established easement or required setbacks in the Ruralzone district. Please be advised - if the tennis and/or pickleball courts have power supply and/or exterior lights installed -- be certain said lighting complies with Garfield County's LUDC lighting standards and to obtain separate electrical permit(s) through State Electrical lnspection Department. LUDC standards Article Vll and table of contents link is offered here: ARTICLE Vll (garfield-county.com) Following this week's email discussions on the Ranch Manager's quarters -- I understand the Ranch Manager's 2,800 sq ft home will be occupied and under supervision and control of the Ranch Manager, so Garfield County Building Division will review the structural as a one-family dwelling under the lRC. We presently still remain under the 2015 IRC and 2009 IECC. On topic of the detached 2,400 square foot garage / private office / recycle center (unenclosed but covered by roof system) -- we understand the enclosed garage and private office areas shall be dedicated for occupancy and use by the Ranch Manager, and therefore deemed accessory to the residence, allowable for review under current lRC. As the recycle center is proposed for "drop off' only use, covered by roof only with no wall and door enclosures for ingress / egress, we presume this area will be designed and submitted concurrent with the detached garage application. I do highly recommend clearly labeling on the SITE PLAN and EXTERIOR ELEVATIONS exactly where the recycle roof system will rest on the garage property. That will allow for a clear record of the incidental unenclosed use. single family-or-duplex-complete-packet. pdf (garfield-county.com) Trust this is helpful answering your questions, my email contact is listed below if you need anything further, Colleen Wirth Plans Examiner Garfield County Building Division 108 8th Street, Suite 401 Glenwood Springs, CO 81601 cwi rth @garfield -cou ntv. com office (970) 945-1377 ext. 1610 Gurfield County Community Development l)epartment Director Determination - Unlisted Use HOA Glubhouse - High AsPen Ranch l. Background pursuant to Section 3-402 (C) of the Garfield County Land Use and Development Code as amended (the Code), where a particular use type is not specifically listed in the use table, an Applicant may request an interpretation of the use table. This Director Determination is the result of a request submitted by Meme Kistner and the High Aspen Ranch Homeowners Association to consider whether or not a Clubhouse on a parcel owned by an HOA and for common use within the Development is similar enough to other uses in Table 3-403 listed as a Use By Right in the RuralZone District. ll. History The High Aspen Ranch devetopment was created through the use of the 35-acre subdivision exemption in 2000. Because all parcels within the development exceed 35-acres, approval of a Subdivision from Garfield County was not required, The properties within the development are zoned Rural. The subject property is located at 491 High Aspen Drive, Glenwood Springs, CO 81601 and is known by Garfield County Assessor Parcel No. 21873610403I The subject property is owned by the High Aspen Ranch HOA and is developed with a barn (inside of which is a unit for a ranch manager), tennis court, pond, pool, and "clubhouse". Members of the HOA have represented that the clubhouse was converted from a single-family dwelling unit and has continually been used as a clubhouse since that time. A site visit by Community Development documented that the facility had been improved with a steam room, locker room, office facilities, a catering kitchen and community meeting spaces. Garfield County Assessor Records first show the building as a single-family residence 1984. Building Permits have been issued for the pool outside of the clubhouse (Permit No. 7727) and for a deck attached to the structure (Permit No. 7601) 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (s7ol s4s-82L2 lll. Applicable Code Sections The HOA has requested a Director's Determination based on the unlisted use of a clubhouse facility on a parcel owned by the HOA. ln rendering this determination, the following portions of the Code were considered pursuant to Section 3-402. Staff analysis is shown in bold. 1. procedure. Where a particular use type is not specifically listed in the use table, an Appticant may request an interpretation of the use table. a) Director Determination. The Director may permit fhe use type upon finding the standards of this suösecfion are met. The Director shall give due consideration to the purpose and intent of this Code concerning the zone district(s) involved, the character of the uses spec/rcally identified, and the character of the use(s) in question. b) Director Referralto BOCC. The Director may refer any unlisted use determination to the BOCC for review and determination. c) BOCC Determination. The BOCC shall make an unlisted use determination about any nonresidential use that will: 1. Require a structure greater than 100,000 square feet of gross Floor Area; 2. Typically generate more than 1,000 daily vehicle trips, or 3. ts anticipated to require more than 250 parking spaces. - The proposed use will be located in a building approximately 3,136 square feet in size, less than 100,000 square feet of gross Floor Area. - Based on the square footage, limited employees, use of the property, and deliveries, the use will generate substantially less than 1,000 daily vehicle trips. - The use will not require more than 250 parking spaces. - Based on the above information the proposed use does not require Board of County Commissioners determination and will be processed as a Director Determination. Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultura! resource lands, agriculturat production areas, and natural resource areas. Uses, densities, and standards esfab/ished for this zone district are intended to protect the existing character of the area from uncantrolled and unmitigated residential, commercial, and industrial use. Ihe zone district provides for the use of natural resources, recreational development, rural residential, and ofher uses. The clubhouse use is compatible with the intent of the Rural Zone District where the property is located. Section 3-402 (CX2) Standards for Approving Unlisted Uses. ln order to determine if the proposed use(s) has an impact that is similar in nature, function, and duration to the other use types allowed in a specific zone district, the reviewing body shall assess all relevant characteristics of the proposed use including, but not limited to, the following: 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (e7ol94s-8212 a) The volume and type of sales, retail, wholesale, etc.; No sales, retail or wholesale will occur on site. b) The size and type of items sold and nature of inventory on the premises; No items will be sold on the property. c) Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution; No processing will occur on the property. d) Any dangerous, hazardous, toxic, or explosive materials used in the processing; No processing will occur on the property. e) The nature and location of storage and outdoor display of merchandÍse, whether enclosed, open, inside, or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process, inventory and merchandise, construction materials, scrap and Junk, and raw materials, including liquids and powders); No storage and outdoor display of merchandise shall occur on the property. f) The type, size, and nature of buildings and structures; The structure at issue is a converted single-family home that the County Assessor's Office lists as approximately 3,136 square feet. The use is compatible with adiacent single-family uses. This is especially true as the property is owned by the High Aspen Ranch HOA. g) The number and density of employees and customers per unit area of site in relation to business hours and employment shifts; The property includes a unit for a ranch manager (a use by-right), however no other employees or customers will be on the property long-term. h) Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site; The applicant has indicated that the only people who will use the clubhouse are HOA members and guests. Members of the public will not be permitted to use the facilities. Traffic to and from the facility will be minimal. i) Trip purposes and whether trip purposes can be shared by other use types on the site; Traffic to and from the facility will be minimal. j) Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types; The property has an existing parking area. 1-08 Eighth Street, Suite 40L Glenwood Springs, Colorado 8L601 (970)s4s-82r2 k) The amount and nature of any nuisances generated on the premises including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes; No nuisance is anticipated to be generated from the clubhouse. The use is not changing from the historic use and any impacts are similar to a single-family residence, a park, or agricultural uses, considered by-right uses in the Rural Zone District. l) Any special Public Utility requirements for serving the proposed use type including, but not limited to, water supply, wastewater output, pretreatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and No special Public Utility requirements are needed. No evidence has been received of issues with water supply or wastewater. When the applicant renovates the facility, they will be required to demonstrate that the existing OWTS is adequate. m) The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types in the zone district. lmpact on adjacent properties will be no different than existing single-family uses, a park, and agricultural uses that are permitted by-right in the Rural Zone District. The impact of the existing clubhouse facility is minimal. The HOA has represented that the facility will only be used for meetings and by HOA members and guests to use the gym, pool, etc. The development has 29 lots total, with a much smaller number of houses currently constructed. The use of the property owned by the HOA has similar impacts to a single-family residence, a home occupation, agricultural uses, and a park - all uses that are permitted by-right in the Rural Zone District where the facility is located. Based on the HOA's representations, Staff's site visit, and the criteria identified in the Land Use Code, Staff approves the clubhouse, pool and tennis court as an unlisted use, similar to other uses that are considered uses by-right in the Rural Zone District, provided that the use of the facility is not open to the public and limited to use from HOA members and their guests. The applicant should contact the Garfield County Building Department to determine Building Permit requirements. Please contact this office with any questions or clarifications Sincerely, AICP munity Development Director 108 Eighth Street, Suite 40L Glenwood Springs, Colorado 81601 le7q94s-8212 Sheryl Bower Director of Comnrunity Development Garfield CountY Ms, Bower The High Aspen Ranch Homeowners Associalion (llAR HOA) is requesting an interprãtation for unlisted use per code section 3-402. subseclion C. We are a comrnunity of 29lots, initially developed around 2000. There are also 2 parcels that were deecled to the HOA by lhe developer (one with our facilities, one native änd unbuildable), All parcels are greater lhan 35 acles. We are zoned Rural Resrdential. The parcel Lrncier discussion is High Aspen Ranch lot 31 parcel #2187-361-04-031. asse;sor account #R006997. The initial development is receptions #569345 and #571758. Our current CC&Rs are receplion#842509, I have been told that the developers modified the plats (building envelopes and suclr) over the years. bt-tt do not have reception numtters for thenl. The initialdeveloper solcl out to a second developer in 2005 Íhe secolìc1 cleveloprrrent group rto longer owns any parcels so there is no longer a declarant. The HOA is left cleaning up their messes The HOA Board recenily stal'tecl discussrons of badly needed work on our clubhouse We startecl disCussing paint. then roofing lhen sealing for cÍitters, then windows. then the old pool equipr¡ent, alrd are cr"lrrenlly wonclerrng if rt would be better in the long run to rebuiid. Thrs led me to Communrty Development asktng about our options. This is when we discovered we are a Planned Comnrunity, not a PUD, and though we have a clt¡bhor¡se, pool, tennis courts, hotse barn, apArtment, and shop there are issues which need to be iesolved before we can nrake plans ancl get building permits We want to continue our current use of these facilities by our owners and their guests bul they need major renovations At the minimunl. we need a new roof. soon Please let me Énow what'additional information you neecl to make a determination The Board is anxious to know how we may proceed. Thank You. High Aspen Ranch Homeowners Association ,' ]'/ r;'.-tl,z þ; rÃi*,v Meme Kistner, President 970 945'8245 I 702 375-8086 970 927-5000 þ îåtríí*,j 19 -5 rì þ Bonnie/Bunce, EXHIBIT kô.ôg L fti"rê /*'t*, ^ Mark Kistner, Director 970 319-8296