HomeMy WebLinkAbout6.0 Director's Determination - Staff ReportGarfield County 7,
BUILDING & PLANNING DEPARTMENT"
April 27, 2012
Steven Novy
Green Line Architects
65 N. 4th Street, Suite 5
Carbondale, CO 81623
Sondra and Peter Welles
5343 County Road 100
Carbondale, CO 81623
RE: Welles Accessory Dwelling Unit (File GAPA-7155)
Dear Sondra, Peter and Steve:
This completeness letter is in regard to the Sondra and Peter Welles Application
for a General Administrative Request - Land Use Change Permit for an
Accessory Dwelling Unit (ADU) on their property located at 5343 County Road
100 Carbondale, Colorado. (Assessor's Parcel Number 2393-251-00-151): The
Application has been reviewed in accordance with the Administrative Review
procedures contained in Section 4-104 of the Unified Land Use Resolution of
2008 as amended (ULUR). Said provisions require a Decision by the Director of
the Building and Planning Department on whether to approve, approve with
conditions, or deny the request.
A Decision is herby issued regarding your Application for an Administrative
Permit for an Accessory Dwelling Unit. The Director's Decision is to approve the
Application subject to the following Conditions:
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Director
Decision.
2. The proposed Individual Septic Disposal System for the Accessory
Dwelling Unit shall meet all local and State health regulations and shall be
designed by a Colorado Registered Professional engineer if determined
necessary based on percolation test results. The system shall be sized for two
dwelling units and the total number of proposed bedrooms.
3. The Applicant shall maintain compliance with the existing well permits,
well sharing agreement and Basalt Water Conservancy Contracts as represented
in the Application. The Applicant shall construct the new components of the
108 Eighth Street, Suite 4017 1 Glenwood Spring, CO 8160
(970) 945-8212 s Fax: (970) 384-3470
water system prior to issuance of a certificate of occupancy for the proposed
Accessory Dwelling Unit.
4. Prior to the issuance of the Administrative Land Use Change Permit, the
Applicant shall provide an updated water quality test reflecting compliance with
the ULUR and basic Colorado Primary Drinking Water Standards. Should the
report identify concerns or non-compliance the Applicant shall propose treatment
options to meet the standards which shall be reviewed and determined
acceptable by the County Environmental Health Manager. Implementation of
such treatment options shall be required prior to issuance of a certificate of
occupancy for the proposed Accessory Dwelling Unit.
5. Extension of electrical service to serve the ADU will be required at the
time of building permit and construction and shall be below grade if determined to
be feasible.
6. The proposed ADU shall maintain compliance with all Additional
Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801
including but not limited to a maximum size of 1,500 sq.ft. ownership restrictions,
and compliance with all Garfield County Building Code Requirements.
7. Prior to issuance of the Administrative Land Use Change Permit the
Applicant will obtain an updated driveway access permit and shall improve the
driveway serving the ADU as required by said permit. Timing for the required
improvements shall be per the Garfield County Road and Bridge Department
policies.
8. The Applicant shall update the site plan and construct/designate two
parking spaces for the ADU and maintain the existing turnaround dimensions.
9. All new construction on the property shall be required to meet all Garfield
County Building Code Requirements. At the time of building permit application
the Applicant shall comply with all standard county requirements including
erosion and sediment control during construction and shall address the County
Vegetation Manager requests contained in his letter dated 4/27/12.
10. The Applicant shall provide bear proof trash containers for any outside
storage of trash for the Accessory Dwelling Unit.
11. The Applicant's request for waiver from submittal requirements related to
topographic mapping for the entire site is acceptable.
12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm
that the access deeds provided with the submittals establish access from the site
to the County Road or provide additional documentation confirming such legal
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13, The Applicant shall comply with representations in the submittals to
maintain vegetation control to minimize potential impacts from wildfire. Said
vegetation control shall include trimming any overhanging trees on the access
drive and utilization of the State Forest Service guidelines for defensible space.
14. The Roadway Standards contain in Section 7-307 are applicable to this
permit request, The Applicant shall upgrade the access road to the site to meet
the County's Standards Roadway Standards contained in Section 7-307 unless a
waiver request is approved by the Board of County Commissioners,
The ULUR requires notification to the Board of County Commissioners for their
review and potential call-up of the application for a public hearing. The Board
review is for a period of 10 calendar days commencing on the date of the
Director's Decision, Their call-up period shall expire on May 7t",
In addition a call-up of the Director's Decision may be requested by adjoining
property owners or the Applicant in accordance with Section 7-104 (13)(1)e The
requesting party must file a written request within ten calendar days of the
Director's Decision which is May 7t", A request for call-up may address the
overall Director's Decision or conditions of approval contained therein,
An Administrative Permit for the request will be issued upon expiration of the Gall-
up time period if no request for further consideration is received and subject to
satisfaction of all conditions of approval,
Sincerely,
Fred Jarman, AICP
Director
Garfield County Building and Planning Department
cc; Board of County Commissioners
Carey Gagnon, Assistant County Attorney
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
I. DESCRIPTION OF THE PROPOSAL
Welles ADU
GAPA-7155
April 27, 2012
Administrative Review — Land Use
Change Permit for an Accessory Dwelling
Unit
Sondra T. and Peter S. Welles
Steve Novy, Green Line Architects
5343 County Rd. 100 Carbondale, CO
Approximately 4 miles northeast of the
Town of Carbondale
Section 25, T7S, R88W of the 6" P.M.
(Assessor's Parcel #2393-251-00-151)
Approximately 13.51 acres
Rural
The Applicant's proposal is for the construction of an accessory dwelling unit (ADU) on
their 13.5 acre property. An existing home, garage, and pump house are currently located
on the property. The home is approximately 4,236 sq.ft. in size and is located on the
southerly portion of the lot setback approximately 60 ft. from the south property line (the
nearest property line).
The proposed ADU is to be constructed adjacent and northeast of the existing home. It is
planned to be 1,284 sq.ft. in size, two stories, and configured as a one bedroom unit.
Detailed plans for the unit were included in the Application submittals.
The existing home and ADU will be served by an existing well on the property and
supplemented by a second existing well and shared well agreement on the adjoining lot to
the north which is also owned by the Applicant. The water supply plans reflected in
submittals include a new shared water line, and a 5,000 gallon water storage tank. 24 hour
well pump tests have been run on the two wells and water quality reports on bacteria have
been provided.
The Applicant has also completed preliminary designs for a new septic tank and leach field
that will be installed to serve the existing home and the proposed ADU. The system as
shown on the site plan will be centrally located to the units, in a generally level portion of
the lot and more than 350 ft. from the nearest well.
Access to the property is off of County Road 100, by an existing private road shown in red
on the vicinity map. The access is a gravel roadway approximately 15' to 16' in width.
Some narrower sections occur as the driveway approaches the Applicant's site and some
wider sections are found along Rimledge Rd. connecting with County Road 100.
Easement widths for the access road vary from 20 ft. to 60 ft. depending on the road
section. The lot was created by Subdivision Exemption in 1977 (Lincicome — Hotchkiss,
aka Flying Bar Ranch). Numerous subdivisions are located in the vicinity and utilize
Rimledge Rd. for access.
The application indicates there are approximately 6 parking spaces and a turnaround area
for the existing home and ADU units. The site is currently served with all major utilities
except that gas service is by propane. The proposed building area for the ADU is generally
level and is primarily an area of lawn and native grasses immediately adjacent to the
existing home. Other portions of the lot to the north have moderate slopes and are
maintained with native vegetation including pine trees, pinion and juniper trees and some
sage brush and native grasses. South of the building area is a bluff overlooking the
Roaring Fork Valley.
OA
Ile AUTHORITY —APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Accessory
Dwelling Units within the Rural Zone District as requiring Administrative Review.
B. Section 4-104 of the ULUR sets forth the Administrative Review Procedures. All
requirements have been met, including the notice requirementto adjacent property owners
within 200 ft. The Applicant has provided proof of mailing by submitting certified return
receipts for the notice.
C. Section 7-301 of the ULUR sets forth Additional Standards Applicable to an
Accessory Dwelling Unit as shown below;
SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN
ACCESSORY DWELLING UNIT
A. Maximum Floor Area.
The gross floor area for residential occupancy shall not exceed 1500 square feet.
3
B. Compliance with Covenants and HOA Approval Requirements,
The Accessory ®welling Unit shall be allowed by Covenants or approved by the
Dome Owner's Association, as applicable.
C. Ownership Restriction°
An Accessory ®welling Unit shall be ,restricted to leasehold interest in the dwelling
unit and shall be for residential use only.
D. Compliance with Building Code.
Construction shall comply with the standards set forth in this Code and with Building
Code requirements,
Ee Minimum Lot Area,
2 acres or twice the minimum lot size for zone districts witty a Minimum lot size less
than two (2) acres,
F. Entrance to ®welling Unit.
A separate entrance to the accessory dwelling unit shall be required.
Accessory ®welling Unit
Existing Site Plan
Ill. PUBLIC AND REFERRAL COMMENTS
No public comments were received on the Application. Referral Comments are attached
as Exhibits and summarized as follows:
A. Garfield County Road and Bridge: Requested that a driveway access permit be
obtained for the access point off of County Road 100 for the purposes of upgrading the
access to meet the County Standards (i.e. asphalt apron etc.).
B. Carbondale Fire Protection District: Has provided comments indicating they have no
issues with the proposal. The Fire District. did provide verbal support for vegetation control
and the State Forest Service Defensible Space recommendations.
C. Garfield County Consulting Engineer: The Engineer identified concerns relating to
erosion control or sedimentation Bear the construction site and the need to address road
standards.
5
D. Garfield County Vegetation Manager; Has provided comments requesting additional
clarification on the management of the soil stock pile (i.e. removal, soil cover, dust control).
E. Colorado Division of Water Resources: The Division reviewed the well and water
service plan and indicated that "so long as the wells continue to operate within the bounds
of their respective permits and a well sharing agreement is in place, this office has no
objections to this application."
F. Garfield County Environmental Health Manager; Indicated that he has no issues
with the application.
G. Referrals were also sent to the Town of Carbondale and Holy Cross Electric. No
comments have been received.
IV. COMPREHENSIVE PLAN
The Welles property is designated Residential Medium ® RM (6 to < 10 Acres/DU) in the
Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future
Land Use Map are included below. The Wells proposal for two dwelling units on the 13.5
acre parcel results in an effective density of approximately 6.75 unitiacre. With the
majority of the Welles site maintained in an open condition (no structures and native
vegetation) the density is in general conformance with the Comprehensive Plan.
EXCERPT FROM
COMPREHENSIVE PLAN
FUTURE LAND USE MAP
04.
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2
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Welles, Site
I
FUTURE LAND USE MAP DESIGNATIONS
• Yellow designation is RM.
• Green Striped is Conservation Easement.
• Brown indicates Res MIS (Residential Medium ® High).
• White is ®pen Space/public Lands.
LAND USE DESCRIPTION COMPATIBLE ZONING
DESIGNATION
Resident:.,. Small fauns, estates, and clustered esidential Rural iR)
mediun3 Ri+l subdivision; density determined by degree of
clustering and land preserved in open condition Planned Unit Development PUD
0% open land - 1 du per <10 acres
50% open land - i du per 8 acres
70% open land - I du per 6 acres
Density car residential uses: I du per 6 to < 10 acres
.ample:
V. STAFF ANALYSIS
General
A. The Applicant has provided pump test results, opinions from the pump driller
regarding adequacy of the wells to serve the property, and extensive legal documentation
regarding the wells, water allotment contracts with the Basalt Water Conservancy District,
and well sharing agreements. Consistent with referral comments from the Colorado
Division of Water Resources, provided that the Applicant maintains compliance with the
submitted documentation an adequate physical and legal supply of water has been
demonstrated.
B. As a condition of approval the Applicant should update the water quality reports to
address basic Colorado Primary Drinking Water Standards in accordance with Section 7®
1 04(B)(2)(d) of the ULUR. The standards should be met or the Applicant should identify a
solution or treatment system to meet the standards.
7
C. The proposed septic system shall be designed and installed to meet the County
ISDS Regulations. Should the percolation test indicate the need for an engineered system
it will be required pursuant to the regulations. The Preliminary Design provided shall be
updated to reflect that two dwelling units are proposed and the total number of bedrooms.
D. The Applicant should comply with standard practices to help ensure compatibility
with vviki ife. Dear proof trash containers should be utilized for any outside trash storage.
ADU Elevation Drawings
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F. At the time of building permit application the Applicant shall comply wth all standa
county requirements related to demonstrating the availability of services for the new ADU
and for erosion and sediment control during construction.
G. The Applicant's request for waiver on topography for the entire site is acceptable to
the County. The area of the proposed ADU is shown in adequate detail.
H. The site plan shall be updated to show two parking spaces for use by the ADU-
I. The ADU Applicant reflects compliance with the supplemental ULUR standards for
ADU's found in Section 8-801 including but not limited to ownership restrictions and
building code compliance. The Applicant has represented that there are no covenants on
the site and no homeowners association.
J. The Applicants have provided general information on the property indicating a lack
of hazardous or unique conditions that would impact the proposed ADU or the ability to
construct the additional dwelling unit.
ACCESS. DRIVEWAY AND FIRE PROTECTION
K. The Applicant shall obtain an updated Driveway Access Permit from the Road and
Bridge Department and should include as part of their construction updating the access to
meet the County's road standards pursuant to the permit.
L. Inclusion in the conditions of approval of supplemental verbal direction from the
Carbondale and Rural Fire Protection District regarding overhanging trees on the access
road, the turnaround area, and State Defensible Space is supported by Staff.
M. The Application represents that the "ADU will have the same level of vegetation
control to minimize any potential impacts from wildfire". Development on the site should
address wildland fire safety by thinning combustible material from around the proposed
structure to provide defensible space.
N. Staff review including consultation with the Director of the Building and Planning
Department and County Attorney's Office indicates that the Roadway Standards contained
in the ULUR Section 7-307 are applicable to this request (attached as an exhibit). Based
on the number of homes currently using the access road (estimated at 9 or 10 units) the
Applicant would be required to upgrade the road to either the "semi primitive" or "rural
access" road standards. The applicant's road width at approximately 16 ft. is generally
consistent with the two 8 ft. lanes required by the "semi primitive" category; however the
roadway does not meet the other requirements for "right-of-way" width, shoulder and ditch
requirements. The roadway does appear to meet maximum grade limits. The County's
Consulting Engineer has also noted the need to address compliance with the roadway
standards.
Note: Attached photographs illustrate the current condition of the roadway
including grades and curves. The initial east west section of access off of
County Road 100 (approximately % mile in length) is commonly known as
Rimledge Rd. and easement widths for this section have not been provided
by the Applicant. The second section of access running south from
Rimledge Rd. is on a 20 ft. wide access easement (deeds provided). The
final section of access across the Applicant's neighboring lot is on a 60 ft.
access easement (survey details provided).
E
VI. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that subject to compliance with the recommended conditions
of approval, the ADU will be in compliance with Article III, and Sections 4-104, 4-501, 7-
801, and Article VII Divisions 1, 2, and 3 as applicable, of the Garfield County Unified Land
Use Resolution of 2008, as amended. Staff recommends that the Director approve the
General Administrative Permit to allow an ADU on the property located at 5343 County
Road 100 (Assessor's Parcel No. 2393-251-00-151), subject to the following conditions:
1. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Director Decision.
2. The proposed Individual Septic Disposal System for the Accessory Dwelling Unit
shall meet all local and State health regulations and shall be designed by a Colorado
Registered Professional engineer if determined necessary based on percolation test
results. The system shall be sized for two dwelling units and the total number of proposed
bedrooms.
3. The Applicant shall maintain compliance with the existing well permits, well sharing
agreement and Basalt Water Conservancy Contracts as represented in the Application.
The Applicant shall construct the new components of the water system prior to issuance of
a certificate of occupancy for the proposed Accessory Dwelling Unit.
4. Prior to the issuance of the Administrative Land Use Change Permit, the Applicant
shall provide an updated water quality test reflecting compliance with the ULUR and basic
Colorado Primary Drinking Water Standards. Should the report identify concerns or non-
compliance the Applicant shall propose treatment options to meet the standards which
shall be reviewed and determined acceptable by the County Environmental Health
Manager. Implementation of such treatment options shall be required prior to issuance of
a certificate of occupancy for the proposed Accessory Dwelling Unit.
5. Extension of electrical service to serve the ADU will be required at the time of
building permit and construction and shall be below grade if determined to be feasible.
6. The proposed ADU shall maintain compliance with all Additional Standards for an
Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to a
maximum size of 1,500 sq.ft. ownership restrictions, and compliance with all Garfield
County Building Code Requirements.
7. Prior to issuance of the Administrative Land Use Change Permit the Applicant will
obtain an updated driveway access permit and shall improve the driveway serving the ADU
as required by said permit. Timing for the required improvements shall be per the Garfield
County Road and Bridge Department policies.
8. The Applicant shall update the site plan and construct/designate two parking spaces
for the ADU and maintain the existing turnaround dimensions.
10
9. All new construction on the property shall be required to meet all Garfield County
Building Code Requirements. At the time of building permit application the Applicant shall
comply with all standard county requirements including erosion and sediment control during
construction and shall address the County Vegetation Manager requests contained in his
letter dated 4/27/12.
10. The Applicant shall provide bear proof trash containers for any outside storage of
trash for the Accessory Dwelling Unit.
11. The Applicant's request for waiver from submittal requirements related to
topographic mapping for the entire site is acceptable.
12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm that the
access deeds provided with the submittals establish access from the site to the County
Road or provide additional documentation confirming such legal access.
13. The Applicant shall comply with representations in the submittals to maintain
vegetation control to minimize potential impacts from wildfire. Said vegetation control shall
include trimming any overhanging trees on the access drive and utilization of the State
Forest Service guidelines for defensible space.
14. The Roadway Standards contain in Section 7-307 are applicable to this permit
request. The Applicant shall upgrade the access road to the site to meet the County's
Standards Roadway Standards contained in Section 7-307 unless a waiver request is
approved by the Board of County Commissioners.
11
12
Road on the Applicant's Property (60 ft. easement)
is]
15
Glenn Hartmann
From:
Michael. Prehm
Sent:
Tuesday, April 10, 2012 4:32 PM
To:
Glenn Hartmann
Subject:
Welles Accessory Dwelling Unit
Glenn,
There are several homes in this area that share a common road. The access point as it intersects County Road 100 does
not meet current Road & Bridge Standards. I would recommend that a driveway permit be obtained from the Road &
Bridge office and the driveway be brought up to code.
Mike Prehm
Garfield County Road & Bridge
Foreman / Glenwood District
Office (970) 945-1223
Fax. (970) 945-1'318
Cell (970) 618-7109
mprehm0garfield-county.com