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HomeMy WebLinkAbout2.0 Staff ReportExhibits for Public Hearing held on August 1, 2005 — BOCC. Burke ADU — Agent: Dan Muse Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Compressive Plan of 2000 F Staff Report dated 8-1-5 G Application for Burke ADU BOCC 8-1-2005 RW PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER PARCEL ID NUMBER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Patrick T. Burke 0483 CR 112 38.82 Acres Private Drive from CR 112 Well, Permit #41391 ISDS (Individual Septic Disposal System) 2393-23-00-306 ARRD (Agricultural / Residential / Rural Density) I. DESCRIPTION OF THE PROPOSAL The applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located east of the existing Burke home, Lot A of the Amended Beon Plat, reception #413455. The property is a relatively isolated parcel in th Crystal Springs are. northeast of Carbondale. The existing home and proposed ADU is appro� ne mile off CR 112, accessed by a private drive. The property is approximate) 8.82 acres..'resently, there is only one residence on the property. The location of the proposed ADU will meet all respective setbacks for the ARRD zone. The proposed ADU will be located in an area heavily vegetated with pinon and juniper trees, providing adequate screening from any adjoining uses. Photo is approximate location of the proposed ADU. 1 Patrick Burke, owner of the property, is proposing to have a log cabin constructed approximately 200 feet from the existing house. The purpose of the ADU is to provide additional space for Mr. Burke's parents — George and Mary Kirkham. The Kirkhams would use the ADU for approximately 6 months a year. As represented by the applicant's architect, the proposed ADU will be a 1,500 square foot two story log residence with 2 or 3 bedrooms and a garage or car -port attached. The survey shows the building envelope will be located in an area with slopes of 9-10%. Some of the pinon and juniper tress will be removed for construction of the cabin and driveway. II. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in § 5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided if found necessary. B. Zoning Resolution: An ADU is a special use in the ARRD zone district pursuant to § 3.02.03 of the Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 5.03 as well as the specific standards that apply to ADUs contained in § 5.03.21. These standards are listed below in bold italics followed by a Staff comments. General Special Use Permit Requirements (4 5.03) 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Comment There is one well that will serve the property — permit #41391. This well is shared with the two lot owners of the Bearwald Exemption Plat. The property owners have executed an amended well sharing agreement, dated May 17, 2005. This amended agreement allows for the proposed ADU on the Burke Property. The proposed and existing uses would not exceed the allowed diversion three acre feet per year. Below is a calculation in gallons: • 1 acre foot = 325,900 gallons; therefore the well is allotted 977,700 gallons per year. The County typically uses a water usage calculation of 100 gallons per person per day for a household of 3.5 persons or a total of 350 gallons a day per household. That equals 127,000 gallons per year per household. Therefore the well could serve 7.7 households. A pump test was performed on February 28, 2005. The pump test was for 1.5 hours at a rate of 8 gallons per minute, the water level fully recovered in 2 minutes. Typically, the County requires a 4 hour pump test. Given the length of time for this pump test, this standard is not met. 2 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Comment Main access to the proposed ADU will be from an existing private drive. This existing private drive is accessed from CR 112. The applicants are proposing a spur off of the drive to the proposed ADU. If the ADU is approved, the applicants shall obtain all applicable access and grading permits from Garfield County prior to issuance of a building permit. This standard is met. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Comment The proposed location of the ADU is on the northeastern portion of the property. The existing landscaping is dense and will allow screening from adjacent areas. If approved, the applicants shall use minimal lighting that is shielded to prevent light trespass on other properties and is inward and downward facing towards the structure. This standard is met. Specific Special Use Permit Standards for ADU (4 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Staff Comment The property contains 38.82 acres, which exceeds the required minimum required for an ADU. The proposed building envelope for the ADU will be on a portion of the property that has no slopes exceeding 40%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Comment The applicant has not submitted any formal building plans for the proposed ADU. The applicant is aware and has stated in the application the unit will not exceed 1,500 sq. ft. Compliance to this requirement will be reviewed at the building permit stage. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. 3 Staff Finding There is no Homeowners Association for the Bearwald Exemption. This requirement is not applicable 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment The applicant shares a well with Lot B of the Bearwald Exemption. A well sharing agreement has been executed between Patrick Burke — Lot A and Arvid Johnson — Lot B. The well sharing agreement allows Mr. Burke to use water for his residence and one additional single family dwelling. This well allows up to 3 care feet per year. As noted earlier the amount of water allowed is adequate to serve the proposed and exiting uses. A 1.5 hour pump test was performed on the popery by Samuelson Pump Co on February 28, 2005. Following are the result of the test: • Well Depth: 300' • Standing Water Level: 277' • Total Test Time: 1.5 hours • Production: 8GPM • Recovery: within 2 minutes The county requires a 4 hour pump test. The pump test submitted for this application does not meet the Counties standard. The applicant shall submit a 4 hour pump test, showing the ability to serve the proposed and existing uses prior to issuance of this Special Use Permit. The applicant has not submitted a water quality analysis showing compliance to State guidelines for water quality. The applicant shall submit a water quality analysis showing compliance to State guidelines concerning bacteria and nitrates, prior to issuance of this Special Use Permit. This standard is not met 5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. Staff Comment The applicant is proposing to use an ISDS for the ADU. The applicant shall be obligated to obtain the proper ISDS permit from Garfield County should the SUP request be granted. This standard is met. 6) Only leasehold interests in the dwelling units are allowed Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 4 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant understands that all construction (septic system and ADU structure) shall require the appropriate building permits and inspections to be conducted by the County Building and Planning Department. This shall be considered a condition of any approval by the Board of County Commissioners. This standard is met III. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. 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. 3. That for the above stated and other reasons, the proposed Special Use Permit is 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. IV. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall obtain the appropriate ISDS permit as part of the building permit process for the ADU. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. 4. The applicant shall obtain any applicable Garfield County access and grading permits 5 5. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements 6. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet 7. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased 8. Prior to issuance of this Special Use Permit, a (4) hour pump test shall be conducted showing the ability to meet all existing and proposed uses as set forth in this application and the Amended Well Sharing Agreement dated May 17, 2005. 9. Prior to issuance of this Special Use Permit, the water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 0483 CR 112, also known as Parcel "A" of the Bearwald Exemption, Glenwood Springs, Colorado with the conditions proposed by Staff." 6