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Home My WebLink About2.0 BOCC Staff Report 04.09.2000REQUEST: BOCC 4/9/00 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the A/R/RD zone district. APPLICANT: Guy R. and Roberta J. Botkin LOCATION: 2943 (Tract 41) Morrisania Ranch, located east of the Town of Parachute, Section 10, Township 7 South, Range 95 West. SITE DATA: Approximately 13.5 acres ACCESS: CR 301 (Morrisania Road) WATER: Shared Well SEWER: ISDS EXISTING ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, Study Area III, this site lies in an existing subdivision. The proposal provides an additional housing unit and appears to be generally consistent with the comp plan. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The Botkins own a house on the site which will become a part time residence since Mr. Botkin has retired, and his wife has accepted a job in Paonia. They wish to construct an accessory dwelling unit for Ms. Satterfield and her retired mother. Ms. Satterfield has rented pasture and performed property maintenance in the past, and would continue to do so. Two vehicles would be accessing the site daily since Ms. Satterfield is employed, and her mother drives. The accessory dwelling unit would be a 1,500 sq. ft. modular home placed in the corner of a gently sloping field. The area is fenced and has an existing access to CR 301. 1 of 5 III. MAJOR ISSUES AND CONCERNS A. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 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. Water and sanitation are discussed elsewhere in this report. No street improvements are proposed. Impacts are expected to be minimal. B. Zoning: An accessory dwelling unit is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the standards set forth in Section 5.03.021, as follows:. (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. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (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. (6) Only leasehold interests in the dwelling units is allowed. The parcel is 13.54 acres, all less than 40% slopes. The proposed unit is 1,500 sq. ft. There is no HOA or covenants encumbering the parcel. The application contains the necessary legal water rights, and will be served by ISDS. The application contains a copy of a "Lease and Option to Purchase". The Option to Purchase grants the Tenant the first right of refusal to purchase the entire property in the event the owner wishes to sell the property. Staff would like to emphasize that under current regulations, the accessory dwelling unit can not be conveyed as a separate interest. C. Access: The application proposes access from two existing drives on Morrisania Road. The existing access for the a.d.u. site is Iikely historically an agricultural access. The applicant will need to obtain a driveway permit from the Road and Bridge Department to either convert the agricultural access to residential, and/or locate/improve the access to conform to Road & Bridge's standards. 1-0 �� 2 of 5 9t 4./u1- D. Water: The application contains a copy of an approved augmentation plan. The augmentation plan includes the following water rights: 1) An underground water right for well permit #141925 for 15 g.p.m. absolute, with 0.806 ac. ft. per year diversion, and 0.105 ac. ft. per year depletion. This right allows for inside domestic use for two residences and stockwatering for 4 head. 2) A water storage right to fill a pond from the Battlement Ditch, which diverts from Battlement Creek, tributary to the Colorado River. The claim allows 0.0865 ac. ft. (28,200 gallons) to fill and refill the pond for storage, aesthetics, and augmentation. 3) A change in water right for Battlement Ditch No. 21 for 0.0022 c.f.s. to be converted from irrigation use to evaporation replacement and augmentation uses. 4) A change in water right for the Battlement Ditch Domestic Right to use as storage and augmentation. The plan is to replace "out of priority" depletions by turning water into a tributary from the Botkin pond and the Battlement Ditch. During the irrigation season, excess credits will be used to fill the pond. The remainder of the year, depletions will be augmented with releases from the pond and the Battlement Ditch. It is believed that the water will return to the same alluvial aquifer in magnitude and timing. The application does not contain any information concerning the physical supply of water, or water quality. The applicant should meet the same criteria as what is typically required of an exemption, found in section 8:42 D, as follows: ... Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. ✓ That a four (4) hour pump test be performed on the well to be used; 2. / A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. v The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. (7) ��-tk- Page 3 of 5 (?" This information will need to be provided prior to issuance of a special use permit. E. Sewer: Both the primary and accessory dwelling units will be served by individual sewage disposal systems. The applicant shall meet the Colorado Department of Public Health ISDS standards. No other State and Local health standards are applicable to the application. IV. 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. �jam, , -y\e " - ) , upGLS u. A n Staff recommends APPROVAL, with the following conditions: �,t� "-J_\ 1. That 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. V. RECOMMENDATION 2. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 3. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage. 4. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. Page 4 of 5 5. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 6. That the applicant contact the Road and Bridge Department to obtain a driveway permit for access onto CR301, with the understanding that it may be necessary to relocate or improve the access in order to meet the Road and Bridge Department standards. 8. That, prior to issuance of the special use permit, the applicant provide the owing information: r (4) hour pump test shall be performed o mpletion report demonstratin the aquifer and the (4) ho well eristic f the well to . e used; chara • e depth the well, the 3. The resu • lc water ley , ump test ind"•.ting the pumping rate in 4. gallons per min - and i ' ; .nation showi • • rawdown and recharge; A written opinion • "` : •erson . • du g the well test that the well should be adequate : supply water • - p ; •osed uses; 5. An as . ption of an ave : e of n • ss th. 5 ng100gallons • � people per dwelling unit, ater per person, p- •ay; 6-tThe wate . ity shall be tested by an indepe st testing laboratory and tate guidelines concerning bacteria and nitrates. This conditional approval shall be valid until 4/9/02. If the applicant fails to meet the conditions by 4/9/02, and subsequently a special use permit is never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners. Once a special use permit is issued, the accessory dwelling use of the property shall commence within 120 days from the date of issuance, unless an extension is granted by the Board of County Commissioners. 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