HomeMy WebLinkAbout2.0 DD Staff Report 02.03.2017Directors Determination — Staff Report Exhibits
Applicant is Dallman, James A Living Trust & Schiavi, Kathleen
Marie Trust
Amended Final Plat - Administrative Review
February 3, 2017
(File FPAA-12-16-8502)
Exhibit
Exhibit Description
LNumber
1
Public Hearing Notice Information
2
Receipts from Mailing Notice
3
Garfield County Land Use and Development Code, as amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from the County Surveyor - Dated February 1,
2017
8
Referral Comments from the County Designated Engineer — Dated
January 23, 2017
9
Referral Comments from the Aspen Glen Homeowners Association,
dated January 12, 2017
10
Email from Leslie Lamont on behalf of the Aspen Glen HOA, dated
January 31, 2017
1
File No. FPAA-12-16-8502
Director's Determination
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Amended Final Plat
APPLICANT (OWNER) Dallman, James A Living Trust & Schiavi,
Kathleen Marie Trust
REPRESENTATIVE N/A
SURVEYOR Tuttle Surveying Services
LEGAL DESCRIPTION Aspen Glen Subdivision, Filing 1, Lots E-
55 and E-56, County of Garfield, State of
Colorado
PRACTICAL DESCRIPTION
LOT SIZE
Said property is located at 504 and 534
Diamond A Ranch Road, Carbondale,
CO (Parcel Numbers: 239320301055
and 239320301056; Lots E-55 and E-56
of Aspen Glen Filing 1), approximately
4.5 miles northwest of the Town of
Carbondale, Colorado.
The existing lots sizes are approximately
0.552 acres (Lot E55) and 0.654 acres
(Lot E56). The proposed combined lot
size is approximately 1.216 acres.
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 combine two lots (Lots E55 and E56).
Both lots are located within the 1/2 Acre Residential Zone District of the Aspen Glen PUD.
There is currently a single family dwelling on Lot E-56 while Lot E-55 is vacant. Both
parcels are owned by the Dallman, James A Living Trust and Schiavi, Kathleen Marie
Trust, who wishes to combine them into one. Combining the two lots would also result in
the vacation of the drainage and utility easement between the two lots and building
envelope on Lot E-55. As a result, this Amended Plat will eliminate the development rights
associated with Lot E-55 and will result in one 1.216 acre parcel.
No changes to the existing access or utilities are proposed as a result of the amended
plat. In addition, no non -conforming conditions have been noted to result from the lot line
modification.
I1. 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. Referral comments from the County Engineer has indicated that drainage
infrastructure may be located within the irrigation and drainage easement proposed for
vacation. The comments recommend that the presence of any drainage infrastructure be
verified prior to vacation.
3. No conflicts with the existing underlying zoning have been noted including lots size
and setbacks.
4. No changes to existing utility locations or access are proposed as part of the
amended plat process.
5. The drainage easements between Lot E55 and E56 is proposed to be vacated. As
no new development is proposed on Lot E55 and that the parcels were graded as part of
the Aspen Glen Development, drainage issues between the two lots are not anticipated.
In addition, the HOA has not indicated that the drainage and utility easement is necessary
for any common infrastructure.
2
6. The Application was referred to the Aspen Glen Homeowners Association. The
Homeowners Association indicated that they have no objection to the proposed lot
merger.
7. The building envelope on Lot E55 and Utility/Drainage Easement that currently
exists between Lots E55 and E56 are to be vacated. By combing these two lots and
vacating the building envelope on E55 along with the Utility Easement between the
subject lots, the development rights for existing Lot E55 are also relinquished.
8. The Application was referred to the County Surveyor, who identified no issues with the
proposed plat.
9. The Applicant completed the County Public Notice Information form indicating that
public notice was sent on January 9, 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 1, Lots E55 and E56 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.
3. The following modifications shall be made to the Plat:
a. The Purpose Statement shall be modified to indicate that both building
envelopes will not be maintained.
b. The names and addresses of the mineral owners and surface owners shall be
added to the Plat.
c. The Book and Page of the recorded protective covenants shall be noted on the
Plat.
3
d. To ensure clarity of the Lot numbers, the labeling for new Lot E -55A shall be
relocated (the current placement looks as though an additional lot is being created)
to clearly indicate that the new lot is the entirety of previous Lots E-55 and E-56.
The Plat shall clearly indicate that existing Lot E-56 is to be vacated.
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.
Vicinity Map
Subject
Parcels
4
Aerial View of Aspen Glen Lots E55 and E56
5
vrcnvrTY MAP:
SCALE I = 1000'
MAW MAW
• mmePIAPPICT
SIOPIT
US NWT PODIAI
Amended Final Plat of
Lot E55 and L756; Aspen Glen, Filing No. >
�:OVA POPP=County of Garfield, State of Colorado
OZIMOOMir
a�'� —
r \ 4ot E554'
// `\
•
• a.1190 Af PP
/ \
PM MOW
OW=
OPOPII
PP OPICOT ATIP "'
I \
\
\ r
▪ t• . \ f
�2�y ro. N\
d° \, I
¢' \\ ! ' i
• <. Q.-72
\ ` \ J Wr rte.
--Pc: '.:
4t2
• .7.5" MAO IMO
COMP
The purpose of tlts plat isto dissolve Me lot lane between dols .ESS mad 856 to create one lot
rPPP
R
GRAPHIC SCALE
Mew
.; �.: �.......4=»
••--r.� Yom....--..� r...r
.�..wr_a._. a.lww„Tr.r—Pro. �,f,.
fir.nw -WMe.rer N An..
AM AP —1.0 ne OSP �1A PT 2 lr lti .y�/ — CO Sp r e VApon Ff n• MS r+C y
- —•r•• ...Om.. .rw. ab .... r nr� p.. er O+i' n. ni "0.0 Or mCA.WW ma FOC e
..�J�i r'�is�F on•apwr .. *A 4.• ow' I. ort 4W lb' ar•.. w.rw rr rHM«r►fir
. — .won w . r..... ....APT-- .:..'o _ _• wUN. .. .. rrPO
oprow
..... ter ..+.. rm..,- �. A .r•• ..r
r.r.�~ r NYiwrrrb .M IO mnrAtl ...Ow..
• N. r I Woe.,
f♦ ti /� ►r •••••••••
• -.. r w -. =M yrs "Mr ...A w wrWr.• hr 5 ~r
- mr arw.» 4 — u w..+ �e .r drrr r� b.. ��. a.��r .�... •
>..+.r s. y
- We m. r ... w .. wit RM Or... .
*ow r�i• w s.ry r OM.
Paw.er it 4_ w w aww — r ri : er em — =OAP r wn mx
m.a�
r.eh �.. M.s r -. O•.r+y )�
mrrr OF
a
APEr
rr .n..r cruor r 0•Waim r Worm — �Wr e... ..
Grim w -4r 4.2. 91— avrr0
mr a.r., -rp--
a N.•
e.• A—.OW1. P.
44Y Cr. Err .
�..0 .. � —.r orb d�r.rr� r [.ww *0
�.., ».._.w.. O..o.. Wr w _ .r .
1 -.Ormr.
Alt rater am[.r
or Y..
Y w .-sem
sots OrrrOro
ssw =7
..O.ropt =PI rroru..7—
AMMO
rry w
w — ..c �OT Woo* PAW wwoo 171 ter PPM Poowo r.rrvt �. 0 rre.. w...r. w
.r ..r..w r.r r•mor r.r
• of
• — , A.. w—d rr .w_ b0_ w4 A .P...A.Mlei
P
Pio. sod .....Y — ®.Wo...... e
.Y wow.- goo
awr b
Polon .—
te..wt.!woo 90..O
...Y.....�
ef
.96 ..Wel
Y..
MOD Add r. r A.D. a4_
ce.. r wrrr AAA.
.•w..+ or r O GALL a
ar r•$ r rm
awwwr� 4 r30-1/-1. r+wr aniop
••• ..
r+elOr Os. �raanr
�r m IMO
P.a. ...b a.•.,.
• For— rrr.,err . w 2».e w. a....
erre
�� er+Kerr.. — . ter. w..
& M«.ay ...r w ..•s...t
Garfieid County
PUBUC HEARING NOTICE INFORMATION
.0
a
EXHIBIT
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank tine next to the statements if they accurately refiret the
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the day of 3gli4lam+ 2.0111t
, .. All owners of record within a 200 toot 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.
All owners of mineral interest In the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means Ilisti
■ Please attach proof of certified, return receipt requested mailed notice.
0 My application required Published notice.
Notice was published on the day of , 2016.
• Please attach proof of publication in the RiIk• Citizen Telegram.
O My application required Posting of Notice.
Notice was posted on the — ... day of , 2016.
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 b true and accurate.
Name: Aok Vi
5ignat — —
Date
CERTIFIED MAILL' RECEIPT
�lf:'7"rhAkfiP:-h NlfilI pilr potline s ii pool rispa cestr
.{
33.30
{
rHl.�kw.r.hu NIA MA
w.•.lr _ tr•+,5 4
_.�.r....wwrl 4
,... {kry,>•,....k. 4
Nan 8,4
0.47
4--7— 0137
02
riltier)ot
5
441.
! Val
Ilnp.n br t1, iKsY
U.S. Postal Service
CERTIFIED MAIL'' RECEIPT
nomealr, •dais 004
I � Lank Id
•
83.30
t
_0,00
.e.0e
, y
$ 40.47
i,r4,." IM�wp. arm T r.
$b.47
Gars La -4 �rakriey
-
1q it aIAD
rn
. .
CERTIFIED MAIL' RECEIPT
fiCirvirstk bran Only
rru
61I40$0013 SPRINGS r C4 mot w
$3.3u / 017
m ; }r.. 02
k !
C3 •_-,..,,.. o...., 40400 •
,
' ..�., .,.... I 10.00 + •
01 /09-/2017 -
EXHIBIT
ral "'r $0.47
1 ,r.' '1T47
..>+•.r '1 .:
U.S. Postal Service"
CERTIFIED MAIL" RECEIPT
�Inn�rs c 1�r.t+ Or+'Y
0137
a POI
04 /0i/2017' '
U.S. Postai Service -
CERTIFIED MAIL' RECEIPT
Dona€33t4., ori Or fy
,
-
4 14
ter. 4 14.00
'
$0400
i
I •.,.
10.47
I•�a;af.�aMt.�%■�y 47
1
rA►� Ck4 c.
P It FAUO n4a*.-
.,`.•I. Co kbI bS
t►1302
m
nEEFLP#'CQ 81041
.16 -1...-14444,4•••• 13.30
CI
.w.. •r,.w.,,k... . 40.00
,.,..,.r.. ' 10.00
,L•I .>..a.w ...�•...
C3•' 'u 10.41
® 16.47
C , S't A Arlo .►t. f a�P.,
r? oy' K
a
{ ii. •I.■
0137
02
Oterlillok Viff
.
61 /09 117
sh,r {I,rrrk 4be+ v+w.er+4+
U.S. Postal Service`"
CERTIFIED MAIL'S RECEIPT
DOMSOthr MAO Orty
IN -11
ALMA, CO 80111 •
►Tr
01 /09/201`?
C.]
Q
0.0
0-
o,4 P W , 4
.174
' 9, g P. P' P
13.30
.. , $0.00
$4) .00
013?
02
01 /09/201 7
A
6010110114144404O044$ ,.>R •r' ,, + .' •`+ S 1�1 04411 pQK 11.4141441
4O! i e DWig 4, d }eY��
-n NrygYVVv0 vf(10 .31.0
10Z/b0/10
t'01
00.0, ,,..
.01 1 r &v+.,
��Jy-l.
r•y�
_r. r -n. I. .a• • �T�•
! •
uUf 170- i1-4944.,"'+'44 gi
u,[+-1 41.111,...� �• .r �fKY�' 0,4311x►
i�
D
D
01
OZ.25 '7-
w
/4.0/04,031catLioa
1d1333i1 alatl 31 Sod8S0
1 tn,i60/ T4
-•' '1
ZO
a TO
— r -
I. 11, 4- .u,. r i 1 . +
. *MAO i+1 kaos40341 -OW E4•44.1 .,Miro!SOL, Ix, i441.411✓p ..l.j
X11 -+U lrry Ts:��4daj
id13038 :.11tliN 031A11.1133
o uuass le1sod '9'11
woron. vw. 031 1a1n04144 AI% . r.r Mif II tat. t •. t a .t' ,9,10 . ,1
a •• 1
1o, i Y trio" i
rrr,i
rd rytr0id .tr[.'n"di tb5 _J
rror�' rV tilitAtI 76 ft? -1
D
r
L T17w/60/ tf
14•'JS
C.nj ,w.
'Dl.,-'...,.-. y..
GE -LI
,4t"Ol.1' thuCQ
1.d133311 OIVIN 031A11833
33
•
kb U00 01112 TVA r‘' /VOW
•
IL t
_ 1
4104/60/ To
go
Cf t0
�J r
/i��
//�i�� 4 ..�..
1411.-4.--444.
.. ....Its m1
00'04 - L..
00.04 1 944.4.0 44+.44 +0
r+. ..s . • ..
,a.-..w.+.r.., ..w.i,
5,....r....m,..tqt...+
00'03
1. *11 .,a,r[ 11 W[io,ra: Orm I4' .1E4.-euii )411 1IwA,111+' •04
id13O3 # 411V 031.3i1l30
_.aa!fi.JaS I 'isocf 'S•l
w e mutt - 4.4
*,ru1:,.:.n... .f144. 4U 44.14 ,
LVcoL�a r '4. '
Oes.•
° PM* x'17 *_"'
�t .►S w�trt�l g
110C i60/10 ly't11 .
1>M
1M a*g•
bV
ate
�'t�s
004{}1 1 1. ►f t --:sr... .,.. , • 1
• I
1
t
l.w.� • rw -- 1
�w n..w.eLwrn•✓ry•'y
oF' f i '..1.1%11.1"-.!.
eau xl fdi r r4kos
4i)Q lir!?
.1d133311.111101 a3U1.1.833
430 S [eisod 'TA
fir•- �
X61 ret'} 4
At
410E1601 T+;
C6
L£ TO
•
[1
vn.r 111
14'E1
Gi t
00 01
uw.. rrw .+wI_`
1d13338 lIV%'J 031J111133
1
•
i
••
1
Garfield County
SURVEYOR
SCOTT AIBNER, P.L.S
To: Jeffrey Tuttle — Tuttle Surveying Services
From: Scott Aibner — Garfield County Surveyor
Subject: Plat Review - Amended Final Plat of Lots E55 and E56 Aspen Glen Filing 1.
Date: 02/01/2017
Jeff,
Upon review of the Amended Final Plat of Lots E55 and E56, Aspen Glen Filing 1 , 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 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail.•saibner@garfield-countycom
January 23, 2017
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
RE: Review of the Amended Final Plat Application: FPAA-12-16-8502
Dear David:
.0
a
EXHIBIT
9
This office has performed a review of the documents provided for the Amended Final Plat
application for Aspen Glen Lots E55 and E56. The submittal was found to be thorough and well
organized. The review generated the following comment:
• The easement between lots E55 and E56 is also specified to be used for drainage. The
Applicant should have an engineer or other qualified professional verify that there are no
existing drainage appurtenances that occupy that easement that would need to be relocated.
These would be items such as catch basins, manholes, surface swales, buried pipes, berms
to direct runoff, ditches, etc.
Feel free to call if you have any questions or comments.
Sincerely,
Moun in Cross Eng
Inc.
ris Hale, PE
8261/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Homeowners Association at Aspen Glen, Inc.
Design Review Committee
January 12, 2017
Mr. Dave Pesnichak
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Amended Plat Lot E-55 and E-56
Dear Dave,
2
EXHIBIT
via email
Thank you for the opportunity to comment on the application submitted by James
Dallman and Kathy Schiavi. The Aspen Glen Design Review Committee reviewed this
matter at their regular meeting September 21, 2016. The plat amendment merges the two
lots, eliminates the building envelope for E-55, and keeps the building envelope for E-56
unaltered. In review of the submitted draft plat with this application the proposal is the
same as proposed for DRC review. Therefore, the DRC recommends approval to the
Garfield County Board of County Commissioners of the Amended Final Plat of Lot E-55
and E-56, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado with the
following conditions:
1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC.
2. The DRC has only approved the lot merge. Any further improvements to property
require DRC review and approval.
3. The draft plat has some confusing language wherein it identifies Lot E-55 and Lot E-
56 and then uses Lot E -55A. The use of Lot E -55A might be misconstrued as a third lot
being created through this amendment. It is recommended that the reconfigured lot be
named Lot E-55.
The DRC noticed property owners within the vicinity of the project site and no objections
were made to the proposed plat amendment.
If you have any questions please do not hesitate to contact me.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Mr. Jim Dallman
DRC
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Email:leslielamont@aspenglenhoa.com
1
David Pesnichak
From: Leslie Lamont <leslielamont@aspenglenhoa.com>
Sent: Tuesday, January 31, 2017 12:12 PM
To: David Pesnichak
Subject: RE: Lot E-55 and E-56 Plat Amendment
Follow Up Flag: FollowUp
Flag Status: Completed
EXHIBIT
Good afternoon David. Sorry for this late reply. I attempted to reply to you from my phone and it was stuck in the
outbox.
I appreciate the concern. My experience in AG is that most of these side yard easement are in place for future
development and rarely have utilities in them if undeveloped. I did check with the AG community manager and we
looked at an SGM produced drainage infrastructure map and there are no community drainage utilities in the easement
between lots E-55 & E-56. There is a culverted ditch in the back yard as well as some other utilities related to the golf
course infrastructure but those easements will not be affected by this lot merge. And any future development will have
to consider those easements — similar to the new house that is under construction 2 doors down.
Thank you for double checking,
Leslie
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Monday, January 23, 2017 12:59 PM
To: Leslie Lamont <leslielamont@aspenglenhoa.com>
Subject: RE: Lot E-55 and E-56 Plat Amendment
Hi Leslie,
Thanks for your comments regarding the merger of Lots E55 and E56. I have received a comment back from Chris Hale,
our contract engineer, stating concerns about vacating the existing drainage easement between the two lots. While the
property owner has done a utility locate between the two lots and did not come up with any utilities, our engineer is
concerned that there may be plastic, pvc, or concrete piping for drainage purposes there that may not have shown up
on the electro -magnetic utility locate. As a result, he is requesting an engineer review the need for the easement and
whether it can in fact be vacated without impacting drainage in the area. Our thought is that because the building
envelope is to be vacated on the neighboring parcel, any drainage that would be of substance would be important to the
HOA between the golf course and roadway. Nothing of note was in your letter, however. So, I want to verify with you
that the HOA does not in fact have any interest in this easement or have any known drainage infrastructure there.
Thanks!
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
1