HomeMy WebLinkAbout2.0 PC Staff Report 06.10.1998PC 6/10/98
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST: Special Use Permit for Lester Crain accessory dwelling unit
APPLICANT: Lester Crain and David and Sigrid Murray
LOCATION: Section 34, Township 7S, Range 88W. A five and one half (5.504)
acre tract located off County Road (CR) 100, which intersects with
State Highway (SH) 82.
SITE DATA:
Lot 1B, amended plat of Lot 1, Goose Creek Subdivision, 183 Blue
Heron Lane. To allow an accessory dwelling unit of 1,000 square
feet to be place onlexisting lot which was preciously subdivided.
The apartment is proposed to be located above a detached garage.
WATER: A new well will be drilled to service the proposed accessory
dwelling unit.
SEWER: A new septic system will be installed to service the proposed
accessory dwelling unit.
ACCESS: Blue Heron Lane which intersects with County Road (CR) 100.
Five (5) other homes currently utilize this road.
EXISTING ZONING: Agricultural Rural Residential (A/R/R) Density
ADJACENT ZONING: A/R/R Density to the north
A/R/R Density to the south
A/R/R Density to the west
A/R/R Density to the east
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The Proposed Land Use Districts map for Study Area 1 shows the subject site as within the Low
Density Residential (10 acres or greater per dwelling unit) district. The designation of low density
is based upon major flood plain, on -lot disposal system, and soil constraints.
Page 1 of 5
II. PROJECT INFORMATION
A. Site Description: The lot originally existed as an eleven (11.008) acre tract which
was forcibly split in half in 1995 through a court ordered process as a result of a
divorce. The Goose Creek Subdivision approved lots of between 7.5 and 13 acres
in size. The subject site is located approximately one (1) mile east of the Town of
Carbondale. The lot contains no structures at present.
B. Adjacent Land Uses: Agricultural and residential land uses are located adjacent to
the site.
Development Proposal: The applicant is proposing to create a two (2) bedroom
rental apartment on a five (5) acre lot (See Figure A).
III. REVIEW AGENCY AND OTHER COMMENTS
No review agencies have received a copy of this application for comment.
A comment from a neighboring property owner is enclosed for review (See Figure C).
IV. MAJOR ISSUES AND CONCERNS
A. Zoning: The subject site is currently zoned A/R/R Density which allows for a
minimum lot size of two (2) acres and a single family dwelling unit by right along
with other agricultural uses. A boarding or rooming house is allowed by
conditional use, and an accessory dwelling unit is allowed by special exception
approval.
B. Subdivision: No subdivision is proposed with this application.
C. Comprehensive Plan Compliance: The Garfield County Comprehensive Plan of
1994 calls for a minimum lot size often (10) acres due to the physical constraints
of the site.
D. Soils/Topography: The site is generally flat. The site is located in an area of high
groundwater table.
Road/Access: The subject property has -acess off of Blue Heron Lane, which
intersects with CR 100. The applicant"proposing a driveway to access the garage
structure.
Page 2 of 5
Fire Protection: It would appear that the applicant has not forwarded the
application for comment to the Carbondale & Rural Fire Protection District as no
letter was contained within the application file.
G. Water: The applicant has not submitted evidence of a water allotment contract or
an approved water augmentation plan as required for all special use permit
applications.
H. Wastewater: The applicant is proposing to install an on -lot disposal system. The
site is located within 3/4 of a mile of a sewage treatment facility.
Road Impacts: The amount of traffic use of the lane currently servicing the home
site has not been discussed in detail in the application. The existing driveway is
proposed to accept the traffic generated from the new home which is estimated at
ten (10) vehicle trips per day which is the industry standard. The applicant states
that two (2) vehicles are estimated to be generated from this proposal (See Figure
B).
RECOMMENDED FINDINGS:
A. Garfield County Zoning Resolution of 1978 as amended:
The applicant will need to supply a water allotment contract or an
approved water augmentation plan. The applicant will indicate the amount
of gallons per day the proposed two bedroom apartment will utilize
[Sections 5.03(1) and 5.03.021(4)].
The applicant will be required to comply with the individual sewage
disposal regulations (ISDS) of the county. A soil absorption test must be
performed to ensure that the area can safely support an ISDS. The
protective covenants require review and comment by the Town of
Carbondale of any new ISDS [Section 5.03.021(5)].
The precise width of the driveway surface must be revealed by the
applicant. In addition, Blue Heron Lane must comply with the minimum
design standards of the county's road specifications. Street improvements
to provide safe and convenient access, and to adequately accommodate the
traffic volume generated by the proposed use, must either be in place or
must be constructed in conjunction with the proposed use. The width and
the surface of Blue Heron Lane must be discussed in the application and
shown on the site plan.
Page 3 of 5
The applicant shall discuss the total amount of traffic which will utilize the
lane. Given that a total of six (6) homes will be utilizing this lane, including
the current proposal, the access road is characterized as semi -primitive.
Semi -primitive roadways require a minimum of two (2) eight (8) foot lanes
with two (2) two (2) foot shoulders of a gravel surface. In addition, a forty
(40') foot right of way is required [Section 5.03(2) and 5.03.12].
4. Lighting on the proposed structure shall be situated so as to shine down
and towards the structure and not outward and onto any neighboring
properties [Section 5.03(3)].
The applicant shall submit evidence of approval of the accessory dwelling
unit from the subdivision's Homeowners Association [Section
5.03.021(3)].
All construction will be required to conform with the county's building
code regulations [Section 5.03.021(7)].
The location of the proposed home should be re-sited since its current
location shows a small feeder ditch running adjacent to a wall of the home
[Section 5.03.10(2)].
The applicant should obtain a statement from the Fire Protection District
regarding their ability to provide fire protection service to the site [Section
5.03.10(2)].
The applicant will provide a legible copy of the deed and legal description
of the property. In addition, items 1 through 7 are missing from Exhibit A
and must be supplied [Section 5.03.10(2)].
The applicant should indicate the size of the proposed detached garage
area. The site plan shows the%n c ay as attached while the narrative
states that the structure will be detached. [Section 5.03.10(2)].
B. Garfield County Comprehensive Plan of 1994:
11. The comprehensive plan recommends that areas without central water
systems be required to provide evidence that adequate and safe water
provisions can be provided to the site prior to project approval [Sections
7.0 Objective, 7.5 Objective, 7.1 Policy].
Page 4 of 5
12. The comprehensive plan discourages the proliferation of ISDS and
suggests that sites be carefully evaluated for their soil constraints and
drainage characteristics in order to ensure that the site can handle a system
prior to project approval. An engineered design approved by the state may
be required [Sections 2.0, 7.0, 7.3 Objective, 7.1 Policy, 7.3 Policy].
13. The comprehensive plan encourages that plans be evaluated in accordance
with their ability to adequately handle the traffic generated [Section 3.0
Objective].
14. The site is located within the Urban Sphere of Influence of the Town of
Carbondale. Therefore, the project must be consistent with the town's
local municipal land use policies. As such, the Town of Carbondale should
be provided with a copy of the proposal so that comments may be
provided, particularly in reference to the location of the proposed septic
system which is within close proximity to the town's water supply system
on the Roaring Fork River. The site is located upstream of the town's well
field and in an area of high groundwater table.
STAFF RECOMMENDATION:
It is recommended that the Garfield County Planning Commission put forth a
recommendation of denial of the application for the Special Use Permit for the Lester
Crain accessory dwelling unit to the Board of County Commissioners based upon the lack
of completion of the above listed items regarding this application. Of most critical
importance is the applicant's need to supply proof of available water to service the site and
the ability of the site to support an on-site septic system.
Page 5 of 5
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FROM : CARMICHAEL_ CONSTRUCTION INC
PHONE N0. : 1 970 963 1466 Jun. 03 1998 08:35PM P2
Page 1 FIGURE C
May 28, 1998
Planning Department
Garfield County
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Special Use Permit, Lot 1S, Amended Plat of Lot 1, Goose Creek
Subdivision
Dear Commissioners,
We are the neighbors directly to the North of the applicant.
We feel it is unfortunate that we are put in the position to try
and defend the original county land use plan for the above
mentioned subdivision. Years ago, when Goose Creek originally
applied for a subdivision, several issues were brought to the
commissioner's attention that caused them to downsize from the high
density requested to one residence per 10 acre lots.
it was our understanding that these lots could not be easily
split. Apparently there is a law allowing for a lot split in the
case of a divorce. This is what happened to Lot 1. Kent and
Percilla Jones were able to split the lot, through the courts,
without approval of the commissioners.
Now the Applicant would like to house another family on their
lot, bringing a total to four residences on one 10 acre parcel,
(Kent Jones currently has two dwellings). This unfortunate
proliferation of house -holds is continuing, with and without your
permission in an area that has already had long debates and
research done to establish the zoning currently in place.
There are several reasons the above Special Use Permit for an
Accessory Dwelling Unit should be denied. The private access road
to this property is a dead end, single lane, dirt road with no
maintenance association. The road is usually in disrepair, making
it unsafe for additional traffic, not to mention emergency
vehicles. It has always been a big problem collecting money from
the existing neighbors to grade the road once a year. We have
several neighbors who refuse to pay for any road maintenance,
putting the burden on the few responsible neighbors. When the
county tax assessor appraises our property he always takes into
consideration the bad road access and the fact the road is not
maintained on a regular basis. For years we have tried to start a
road maintenance association, with no luck. This road can not take
any more unnecessary added usage.
The other issues that the commissioners looked at during the
original application were the wetlands around the property. There
FROM : CARMICHREL CONSTRUCTION INC
Page 2
PHONE NO. : 1 970 963 1466 Jun. 03 1998 08:35PM P3
is an abundance of wildlife
there are several areas of
people, dogs and traffic
Also, there was concern for
the ground water is very
system on the Roaring Fork
that stay in the area all year, because
constantly running water. Additional
will certainly impact this wildlife.
putting in added septic systems, where
high, so close to Carbondale's water
River.
We are in an extremely uncomfortable position and don't want
any hard feeling with our new neighbor, but we have to strongly
disagree with the application. The original zoning decisions were
appropriate for this particular area and should not be changed.
Thank you for your consideration into this matter.
Sin
Gary and Lisa Carmichael