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HomeMy WebLinkAbout5.0 ExhibitsBoard of County Commissioners -Public Hearing Exhibits Request for Reconsideration of a Directors Determination and Consideration of a Waiver Request from Roadway Standards General Administrative Permit for an Accessory Dwelling Unit Applicants/Owners: Sondra and Peter Welles Exhibit Letter (A to Z) A B c D E F G H I J K L M N 0 p Q R s T u v w x y z June 18, 2012 (File GAPA-7155) Exhibit Description Proof of Pub li cat ion Return Rece ipts from Mai li ng Notice Garfie ld County Un ified Land Use Reso lut ion of 2008, as amended Garfie ld County Comprehens ive Plan of 2030 App li cat ion Supp lementa l Staff Memo App li cant's Request for Ca ll -up App li cant's Response to Roadway Standards Directors Determination Letter Dated 4/27 /1 2 Staff Report Staff Presentation Referral Comments from Garfield County Road and Bridge Department Referral Comments from Carbondale & Rural Fire Protection District Referral Comments from County Consulting Engineer Referral Comments from County VeQetation ManaQer Referral Comments from the Co lorado Division of Water Resources Referral Comments from County Environmental Health ManaQer Water Quality Test Results Excerpt from ULUR Roadway Standards Section 7-307 (~I -;· I n ~! ! Ad Name: 7895669A Customer: Gree n Lin e Arc hitects Your account number i s : 101 6135 PROOF OF PU BLICATiON THR£UF LE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Heathe r M cGregor, do solemnly swear that I am Editor of Tir e Rifle Citize11 Telegram, that the same weekly newspaper printed, in whole o r in part and published in the County of Garfie ld , State o f Colorado, and has a genera l circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfie ld fo r a period of more than fifty - two consecutive w eeks n ext prior to the first publication of th e annexe d legal no tice or advertisement; that said newspaper has been ad mitted to the United States ma ils as a periodical under the provisions of the Ac t of M arch 3, 1879, or any ame ndments thereof, and that said n ewspaper is a w eekly newspaper duly qualified for publi shing legal notices and advertisements within th e meaning o f the laws of the State o f Colorado. That the anne x ed legal no tice or ad vertisement was published in th e regular and ent ire issue of every number of said wee kly n ew spap er fo r the period of ! consecutive insertions ; an d tha t the first publication of said notice was in the issue o f said newspaper dated 5/17/2012 and that the las t p ub li cation of said notice was d a ted 5/1712012 th e issue o f said newspaper. TAKE HOTICEttif'fih%r~~~-J .. 1er Wente (Ap· plicants} have requ&$t&d !hat the Board ol County Commls ot Colo· Ing and r&garding .t G&n&r· ermll tore tend Un Ch8ng9 Aoces$Ory Owelllnl\l nit on a ~~~~~~ln1heCountrotGarli .Stale o r · ~=~~f t~:noJ$,l}~~~~~~ t,~~ Ratlge ee West of the Si~h Principal Meridian. said e_a 1col of la~ Is more folly described as follows: ~~~d'7~,~~~ ~~~t=-ocn~ g:,::r:,'c~~:e~~:;~ Section 25; th•oca N89.05"3e· w ak>ng tha Sot!lh lino<il said SEttNEtt. (with all b1td1ins;is contained rhi:;~~,e~!~:r ~i: ~Erl~s~ldss~;~·~; a':2~~ ~~!bJ~~~~~~u~,:°di:'~u~ee~:~~n~:J~~n~~~i 988.00 h~ol lo lh9 SW Cornor or s.akl SE14NE n thonc& N. 02•03·1s· E. t1lon9 tha West llmt Qf said SEHNEtt 525.00 lo11t: th1;mco N. 79•io:·3 0· E 92'.121001: tflerteeS. 04~4·50· E. 71 6.40 feotto lhe True Point of 8&glnnlng. To9111thor with en acce.ss and' Ulllity Ea.:uam ent described lri Deed recoidod Janua ry 27. 1977 In Boote 492 at Pago 927 as Reception No . 27&57 1, and In Oood recorded March23, 1979 In Book 525 e.1 Fage 52 iS R~Uon No . 292893. ~~:'i,~~%'i&2J 53 43 cotm ty Road' too. ~9WM!: Of m111tra:~o~!f~~~:g u~: on thoir 13~ ac re lot. Tho Acceuory Dwollin~ Unit is proposlld to oo appr:iximatoly 1284 sq.n. In size. It wlll be acet~ed by the 9:id$Ung d•~eway :~ ~;~.?n"!':G~~:i;~:!~~~~:~i~ur~~ ~~:!~~~~; ~:i:~.~~!~~ g:~~~~do!~u:g All J'91Sons. aUec1od by t he proposod Uind U se Change Piermit and Reqr.iest for R&ec~slde-r aUon tare lnvlte~ to appoar and 51.ate thek "¥lows. pro· !ests or 5uppor1. II you can not appear personaHy ::::~;rea:;r~·a'~!hey~de ~r~~~~~y'~~~~~ s:loners will gCve c:onskleratlon to Iha comm&nts of surrounding property owners, and olhers anected , :~:~~,:i~(~~~~~. -ri:old, ~~ :a'~'r~~ vllilW9d et th$ o1flclil ot the G!"fiFeld County ~u itdln g and Pl.annlng Department loc<ltad at 106 8th Stceet 4th Fioo1. Suite 401. Garfllilld County Flaza Build· Ing. Gronwood Springs. Colorado between the hotirs 018:30 a .m. nnd s:oo p.m .• Mcnl:!ay tl'Wough Friday. ~9~:!~.~:tl:~ntfe on8!~~a~'tf.~~~6:~1~ for Jun• 18, 2012 af1 ~OD p.m. ln.11\e county ~~~:~~~~~,~~OB~~n&,~M'1~!~d~I~~~ Cotofado. In witness whereof, I have here unto set my h and this ~~fJ"&~~W Cd/zoo T•l•g<•m 0 0 May '7 • 06/08/2012. Heather McGregor, Editor Subscribed and sworn to befo re me, a notary publi c in and for the County of Garfi e ld, State of Colorado th is 06/08/2012. 'Jncv.4 y f:>o4;nh~ Mary E . Borkenhagen, NotaTYUbiiC My Commission expires: September 12, 20 15 ~\ CJ er ru CJ U.S. Postal Service,,, CERTIFIED MAIL" RECEIPT Domestic Mail Only; No Insurance Coverage Provi ded) Postage $ $o.45 Ce rtif ied Fee $2.95 Re turn Rece ipt Fee (Endorsement Required) $2 .35 Restri cte d Delive ry Fee (End orsement Req uired) $0.00 Total Postage & Fees $ $5,75 CJ SentToh ,._ J" 1 .• '( ....:i ,V.?:'\ow-~ e-. ~l!A..~ ~ ~!~t::tx~·-··-·········-···:~·:·······-·····················-········ .::r .::r ~ LI") j Cl I fT1 ! ru ; ru i r"'I I CJ I CJ ! CJ i CJ a- ru CJ CJ r"'I CJ ; I'- c~~~-----~---1-~ce-2:~----······· :t t •• 11 . U.S. Postal Service T'·' CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . , USE Cert ilied Fe e Return Re ceipt Fee (Endorsem ent Required) '-------1-:!.JJ/ Res t1icte d Delivery Fee (Endorse ment Required) >.---->---+.....t ... U.S. Postal Service n,, CERTIFIED MAIL •.• RECEIPT (Domestic Mail Only; No Insurance Coverage Provided} CJ m . ru 'ru .-'I ; CJ ' t:J : i:J . CJ IT ru CJ CJ • r-'l CJ . I'- Certified Fee Retu rn Receipt Fee (Endorse ment Req ui red) Restricted De livery Fe e 1-------....u.n (End.orsement Requi red ) U.S. Postal Service n.r CERTIFIED MAIL .. , RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) CJ l'T1 nJ . nJ $0.45 Postage $ 1--------l · .-'I Certifi ed Fee S2.9S . Cl CJ Return Rece ipt Fee $" JS CJ '(Endorse ment Required) 1-----"-·---&-l CJ tr . nJ CJ •O ; ...... . Cl . I'- USE -·-.. -..·. \ -------- Green Une Architects 65 N. 4th Street. Suite 5 Carbondale, CO 81623 RETURI RECEIPT REQUESTED ·--···-----·· ... ·-····-----···-·· .. ·····--· ................. -··- PAID · · ~ CARBONDALE.CO -=--81 623 Mfl'l' 17. • 12 UNITED STATES AMOUNT ~ !1111111 U.S. POS TAGE i 7010 0 2 90 0001 2 2 3 0 5868 POST~ls::a $5.75 ····· · 80031 080 8Z58&-08 M.~Wl ~... ·~ t>.-r.---1 ~ 1 VU"&.~3 t>O tJO ~ Oool.t ~. ~ :.----~ C(1· i.tmict~'r&«i~'i'' ~ 2Pd NOTI~ ·" ~ ·; ''r·t .. P'. L ~LL> tc)O ~ \ NIXIE 7. ~-\H,.. "D.$..., :i_ . --_ oo 06/JJB/1.2 ~ t:. i LI. " I~ l v ~ E N v t: K . 800=3 i i if~fr!3 @A 5 1. 0 UNCLAIM ED UNABLE TO FORWARD RC: R1fi7~4~1nn~ •177q -n~.n?~-17 -4 3 lh 1 ! !!I ill d !u ! 1!1!!1 !I! ii!! !d ! I! rnl!!lmlhn!\d nhh ! . : ., \ \ ' \ .f j -----~--·-------... ---·-------·-·--------·----··-·-·-·----------···d \,,. _____ ,, ----------· ---------·· ----· ---------------___ ,___ ___ -~ ---. ~ ~" __ ... ,., . .,_, . .,,,, __ ,...,,__ ~--.,._,__._ ......... ._.__..,.._. ----- ) i ;J ·:E . ~~ .···.{! ··~ "/ ·?- :~l .. -.~: I PUB LI C N OTICE TAKE NOTICE that Sondra and Peter Welles (Applicants) have requested that the Board of County Commissioners, Garfield County, State of Colorado, reconsider a Director of the Building and Planning Department Decision regarding a General Administrative Permit for a Land Use Change Permit to allow an Accessory Dwelling unit on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: LEGAL DESCRIPTION TO BE INSERTED OR ATTACHED BY THE APPLICANT 5343 County Road 100 , Carbondale, CO 81623 The Applicants are requesting approval for an Accessory Dwelling Unit on their 13 .51 acre lot. The Accessory Dwelling Unit is proposed to be approximately 1284 sq.ft. in size. It will be accessed by the existing driveway and located generally adj acent to the existing home an d improvement s. Th e pro perty is z oned Rural. The Appli cants re ques t that the B oard of County C ommis sioner s reconsider a Director 's Decision to approve the ir Land Use Change Permit re quest w ith conditions including a requirem ent that the A ppli cation must comply with the Roadway Standards contained in Section 7-3 07 of the Garfi eld County Uni fi ed Land U se Reso lution of 2 00 8, as am ended. The A pplicant has re quest ed a w aiv er from meeting the Roadway Standards. All persons affected by the proposed Land Use Change Permit and Request for Reconsideration are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to uphold, modify, or reverse the Director's Decision. The Application may be reviewed at the office of the Garfield County Building and Planning Department located at 108 8th Street, 4th Floor, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the Application and Reconsideration Request has been scheduled for June 18, 2012 at 1 :00 p.m. in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Building and Planning Department Garfield County EXHIBIT I f-- Garfield County BUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commiss ioners FROM: Glenn Hartmann, Sen ior Planner DATE: June 11, 2012 SUBJECT: Pub li cHearing for Reconsideration of Director Determination Sondra and Peter Welles, Accessory Dwelling Unit (Fi le GAPA-7155) I. Background A. On April 27, 2012 the Director of the Bu ilding and Planning Department issued a Director's Determination of approval with conditions regarding the So ndra and Peter Welles General Adm ini strative Permit application for a Land Use Change Permit for a n Accessory Dwelling Unit. Most co nditions of approval are fairly standard addressing basic infrastructure issues. Cond iti on #14 found that the Roadway Standards Contained in Section 7-307 of the ULUR were app li cable to the ADU Permit request and would require upgrades to some sections of the access roadway and acquisition of additional right-of-way/easements. B. Included in th e Board 's packet is the following information : • Request for Board Cons id eration from the Applicants, Sondra and Peter Welle s • Supplemental Road Information and request for waiver from Roadway Standards from the Applicant • Director's Determination and Approval with Cond iti ons • Staff Report (including description of the Application) and referral comment letters II. Board of County Commissioner's Direction On May 7, 2012 the Board of County Commissioner's considered a request from Sondra and Peter Welles for reconsideration of a Director's Determination regarding their General Administrative Permit request for an Accessory Dwelling Unit including a request for a waiver from the roadway standards. The Board of County Commissioners agreed to the recons ideration and set a public hearing for June 18, 2012. Pub li c notice as required by Section 4-104 (B)(1) has been comp leted by the Applicant and evidence of public notice s hall be required to be provided prior to the public hearing. Ill. Additional Staff Analysis A. The Carbondale and Rural Fire Protection District did not raise any concerns with the existing access road configurat ions (see referral letter). Their follow-up verbal comments on trimming overhanging branches , maintaining the turnaround at the 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 •Fax: (970) 384-3470 1 App li cant's home, and Forest Serv ice W il dfire Gu ide li nes have been incorporated in other conditions of approval. B. The Co unty's Co nsu lt ing Engineer (M ounta in Cro ss Eng in eerin g ) noted th e Road Standards issue in his comments and the potent ia l need for a waiver. Staff has had fo ll ow-up conversat ions with Chris Hale at Mountain Cross Eng in eerin g in cludi ng the need for better c larity on access standards for private driveways . Chris is availab le to ass ist staff with amendments to the Roadway Standards, subject to d irection from the Board. C. Out lined below is a summary of the app li cab ility of the Roadway Standards and where inconsistencies have been identified . 1. Rimledge Road: This first section of the Access Road serves the largest number of homes (estimated at 9 -10 units) and is the most improved. It has good lane width and ditch/shoulder dimensions appear to be adequate. However, the Applicant's documentation of easement width appears to not meet the 40 ft. requirement. 2. North /South Access Road: Th is middle sect ion is where the access to the Appl icant's property turns sout h off of Riml edge Road. T hi s sect ion meets the 16 ft. lane width requ irements in most section s, but appears to be slightly narrower th an requ ir ed in so me areas . It on ly partia ll y me ets the ditch and shoulder dimens ion requirements a nd documentat ion on easeme nt width need s to be prov ided as noted in the Cond iti ons of Approval. SUMMARY TABLE ON ROAD STA NDARD S Roadway Standards Rimledge Road North -South Approach to Access Applicant's Home Lane width Generally Compliant Partially Compliant Partially Compliant Ditch/Shoulder Genera lly Comp liant Partially Comp liant Partially Comp liant Dimension Right-of-way Width Not Compliant Documentation Compliant Required Road Category Sem i -Primitive Semi -Pr imitive Sem i -Primitive & (appro ach ing Rural Pr imitive Roadway Criter ia) 2 3. Approach to the Applicant's Home : T hi s final sect ion of access is difficult to categorize as with the Applic ant's ADU some section s will se rv e 4 units and some sect ion s as few as two units. In genera l this sect ion would be partially co mpliant on lane width, part ially comp li a nt on ditch a nd s hould e r d imens ions, and comp li ant for right-of-way/easement width . IV. Board Options for Action on the Request The following options are provided for the Board's Cons id erat ion : Option #1: Option #2: Opt ion #3: Option #4: Staff Note: Approve a waiver from the roadway Standards in Sect ion 7-307 of the ULUR to allow the existing access roadway as constructed and in place to serve the proposed Accessory Dwe llin g Unit. This waiver would satisfy Condition #14 and would not require any change to the Director's Determinat ion. Approve a waiver from the Roadway Standards in Section 7-307 of the ULUR and approve an amendment to the Director's Determination (dated April 27, 2012) establishing a new Cond ition #14 with revised standards for the access roadway. Samp le language for a rev ised Cond iti on #14 is prov ided be low: Samp le Cond ition #14: The Applicant s ha ll provide for a min imum driving width of 16 ft . (two 8 ft. la nes ) on the access roadway, sho uld er and d itch dimen s ion as nece ssa ry to provid e for proper dra in age , a nd a minimum of 20 ft. of access ease me nt width. De ny the App li cant's req uest for reconsiderat ion of the Director's Dete rmin at ion a nd the App li cant's request for a w a iv er from the Road w ay Standards in Section 7-307 of the ULUR. Th is option wou ld leave in place the D irector's Determination of Approval with Conditions as outlined in the Director's Determination Decision Letter dated April 27, 2012. This would require the Applicant to upgrade the access road to the Section 7- 307 standards, widening some sections, acquiring some add ition al right - of-way and estab li shing and widening shoulders and ditches in some sections of the access road. Direction to Staff regarding the applicability of the current code and roadway standards to private driveways including accessory dwelling units and/or direction to Staff regarding initiation by the County of a text amendment to the ULUR to clarify and update the Roadway Standards to better address private driveways. (this option can be separate from or in addition to any of the above three options). Comb ined Options #1 and #4 provide an effective so lution to the Applicant's request and guidance for future app li cat ion s . This comb in ation is supported by Staff. 3 EXHIBIT Date: April 30, 2012 To: Glen Hartmann, Senior Planner Re: Ow ners: Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 ADU Application -ADU Permit For Parcel # 239325100151 Pete & Sondra Welles Dear Mr. Hartmann, I G Based on the conditions of approval of the Welles ADU Permit, I would like to request that this application be considered by the Board of County Commissioners. In my recent supplemental letter, I requested a waiver from the road standard, which we would like the BOCC to hear. I believe that imposing the road standard in this case is not necessary given the rural nature of the area and the iow traffic volumes. Meeti ng the road standard is not even possib ~e on th is site. There is a section of road with a W-foot easement that li m its our ab ii ity to widen the road. As was ev ide ni t from the site v i sit, the ROW of 30' is not attainable o n that sect ion, nor is it n eeded sirn ce t he driveway is fl at, i mproved, wel l -maintained, and allows for the passage of two veh icles si m ultaneo1.11s ly. There were also no issues regarding the drainage. i understand that the BOCC revi ewed another ADU Permit appl ication recently that requested, and was granted, a waiver from the road standard from the 2008 re-write of the land Use Code. It seems as though this language and its applicability is now in question, and may be modified for future iterations of the code. Hopefully, your site visit last week confirmed the exceiient condition of the driveway and the road. Please let me know about scheduling and if the P~amning Director wm make a formal recommendation to the BOCC. Sincerely, Steven A. Novy, AIA 1:'~ .,<"'"'7~•(:· ·;-: '.:" ! ·\, ' ' i -j 65 N 4 '" St., Su ite 5, Ca r bonda le, CO 81623 Te l. 970-963-6689 www.g r ee nlin ea rch itects .co m ~-. :1 )·. qre·e:n l:ine J ~ j ' _ A" R'.c I{; n r e. c· t' s : .~ ~::~-~-~,~.-::hit~~.ti;..iciU <·:·:;~':.;.~ Date: April 5, 2012 To: Glen Hartmann, Senior Planner Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Road Standard Comp li ance -ADU Permit For Parcel# 239325100151 Owners: Pete & Sondra Welles Dear Mr. Hartmann, Please accept this supplemental letter regarding the road standard. EXHIBIT I ~ You suggested that we provide a waiver request from the road standard. However, I believe that we should be in compliance with the road standard using the existing road. You noted that the Average Daily Trips (ADT) for a residence is 9.57, according to the institute of Traffic Engineers' Trip Generation Manual. With the three residences in the subdivision that would make a total of over 28 ADT's, roughly one vehicle trip every 34 minutes during the day. This estimate must certainly be for an urban or suburban setting. Here, we are dealing with a rural residence. It is highly unlikely for a rural resident to make more than 4 ADT's, (2 trips out and back) from these homes. Typically, rural residents combine errands and leave the house no more than twice in a day. To do more would be inefficient, costly and time-consuming. In fact, this is exactly how the owner of this property, Pete Welles, described his daily trips to me, a maximum of two round trips per day, which would equal 4 ADT's. If we factor in the ADU at Yi of the ADT's of the homes, then we would have a total of 14 ADT's from the users of this road. The closest store is Catherine Store, 31/2 miles away. Downtown Carbondale is 61/2 miles away. Sure, on a terribly busy or difficult day, one might make an additional trip. But in the case of our client and many others in the valley, the extra trip is likely on a bicycle! In addition, the internet has created the ability to do much of our business online, which these rural residents do quite a lot. It allows them to forgo that extra trip or two during the day. When guests are staying at the residence, there may be additional vehicle trips, but the average between the three residences and new ADU would be less than 20, fitting easily into the Primitive Residential category with a design capacity of 11to20. There is a 20 foot easement for the road across the neighboring properties. The existing road 65 N 4 t h St., Suite 5, Carbo nda le , CO 81623 Te l. 97 0 -963-6689 www.gr eenlin ea r c hi tects .co m WELLES A.D.U APPLICA TIO N - Sup pleme ntal Letter #2 -April 5, 201 2 is 13 to 15 foot wide road with 2 t o 3 foot wide s houlders a nd has b e en more t han a dequate ove r t he years. In fact, the road is almost perfe ctly f lat, wider than necessary, improved with gravel, and it is perfectly straight comin g a cro ss the neighbors' propert ies . Th e fl at, improved, and st raigh t characteristics m a ke t hi s an easy road to negotiate, and a llo w it to wo rk we ll at its curre nt width without creating any safety concerns. Th .ere are no drop-offs, d itches, or bli nd corners restricting vision. Additionally, since 1977, the easement and access configuration has performed safely and well without any accidents, complaints, or concerns to the best of our knowledge. The easement for the road within the subdivis ion is 60 feet w ide, more like a Minor Collector. The shoulder width of 2 feet on each side is that of a Semi-Private Road, with a capacity of 21-100 ADT's. The minimum radius is 100 feet, like a Secondary Access Road; and the surface is gravel, like a Rural Access Road or Semi -Primitive Road . The existing width of 13 to 15 feet is greater than the 12 foot s ingle lane allowed for in the Primitive Residential category, one foot wider in its narrowest spot. Additionally, the Ranch Driveway veers to the right shortly after crossing the property lines, the Horn's driveway branches to the left immediately thereafter, and the Adobe driveway is separate for the entire length after the split from the Horn's property. The only item missing from the increased standard is the designated ROW width set at either 30' or 40' in the code . As previously indicated, th e ROW is an easement created in 1977 that is set at 20' and has served well because of its design and location/topography not in spite of its lower ROW w idth. Again, it seems t h at t he traffic e ngineer's 9.57 ADT's is very hi gh, mo re t h an double what we a re ca lc u lating. If after co ns idering a ll o f the a bove, it is determ in e d by t he Co un t y Building and Plan nin g Dire ctor that the 9.57 AD T's mu st be a ppli e d, then I w o uld lik e t o res pe ctfully re qu est a waiver from the Co unty Road Sta nd ard based on t h e a bove informatio n, fr o m t he standpoint that t he ro a d standa rd is n ot a ppli cabl e to t hi s p ro pe rt y. Sin ce re ly, Steven A. j\l ovy, AI A EXHIBIT I J: April 27, 20 12 Steven Novy Green Line Arch itects 65 N. 4th Street, Suite 5 Carbondale, CO 81623 Sondra and Peter Well es 5343 County Road 100 Carbonda le, CO 81623 Garfield County BUILDIN G & PLANNI N G DEPARTM E N T RE: We ll es Accessory Dwelling Unit (File GAPA-7155) De ar Sondra, Peter an d Steve: T his completeness letter is in regard to the Sondra and Peter Welles Appli cation for a General Administrative Request -Land Us e 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); T he Application has been reviewed in accordance with the Administrative Rev iew procedures contained in Section 4-104 of the Unified Land Use Resolutio n of .2008 as amended (ULUR). Said provisions require a Decisio n by the Directo r of th e Building and Pl anning De partm ent on w heth er to approve, ap p rove with co nditions, or deny t he request. A Decision is herby issued regarding your Application for an Administrative Permit for an Accessory Dwe lli ng Un it. 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 cond itions 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 percolati on test resu lts. The system sha ll be sized for two dwe lli ng units and the total number of proposed bedrooms. 3. T he Appli ca nt sha ll mai ntai n co mpli ance wit h th e existi ng well pe rmits, well s haring agreement and Basalt Water Conservancy Contracts as represen t ed in the Application. The Applicant shall construct t he new components of t he 1 08 Eig h th Street, Suite 4 011 Glenwood Spring s, CO 8 1601 (970) 945-821 2 •Fax: (970) 384-3 4 70 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 requ'irements 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. 2 13. The Applicant shall comply with representations in the submittals to maintain vegetation control to minimize potential impacts from wildfire. Said vegetation control shali include trimming any overhanging trees on the access drive and utilization of th e State Forest Service guidelines for defensible space. 14. The Roadway Standards contain in Section 7-307 are applicable to this permit request. The App lican t 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 th. 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 (B)(1). The requesting party must file a written request within ten calendar days of the Director's Decision which is May ?1h. 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 call- 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 3 Welles ADU GAPA-7155 .. -----~ April 27 , 2012 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING I. DESCRIPTION OF THE PROPOSAL 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 Carbonda le, CO Approximately 4 miles northeast of the Town of Carbondale Section 25, T7S, R88W of the 61h 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 cu rrently 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 . T he 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 a lso comp leted preliminary designs for a new se ptic tank and lea c h field that will be installed to serve the existing home and the proposed ADU. The system as shown on the site plan w ill be centra ll y located to the un its, in a genera ll y leve l portion of the lot and more than 350 ft. from the nearest we ll . l ! I 1--- I I ·,. .,,. ... ··-------. --~r-->--~-------.1 Private Access Road (shown in red) Acces$ 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 8 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 na t ive g rasses . South of the building area is a bluff overlooking the Roa ri ng Fork Va ll ey. 2 AERIAL PHO T O (site shown in red) II. AUTHORITY -APPLICABLE REGULATIONS Rimledge Rd. 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 requirement to adjacent property owners within 200 ft . The Applicant has provided proof of mailing by submitting certified return receipts for the notice. C. Section 7-801 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. Co mpliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Cove nants or approved by the Home Owner's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold in terest 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. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts witl1 a minimum lot siz e less than two (2) acres. F . Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. Accessory Dwelling Unit Existing Site Plan ~ r--l I I · r------r-------; I I I ,____.______, f I I ,_ ___ f---------1 I I I 'OllmO:Hil!DIDCIW~~----L_ ______ I 4 PROPOSED ADU LOCAT ION 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 near the construction site and the need to address road standards. 5 D. Garfield County Vegetati on Manager: Has provided comments re q uesting additiona l clar ifica ti o n on the management of the soil stock pi le (i.e. remova l, soil cover, dust contro l). E. Co lorado Division of Water Resources: The Div ision reviewed the well and water service p lan and ind icated that "so long as the we ll s co ntinue to ope rate with in t he bounds of their respective permits and a we ii sharing agreement is in p lace, this office has no objections to this application." F. Garfield County Environmental Health Manager: Indicated that he has no iss ues 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 un its on the 13.5 acre parcel resu lts in an effective dens ity of approximately 6 .75 unit/acre. With the majority of t he W e ll es s ite mainta ined in an open co nditi on (no structures and native vegetati o n) th e dens ity is in general co nformance wi th t he Comprehensive P lan. EXCERPT FROM COMPREHENSIVE PLAN FUTURE LAND USE MAP 6 FU T URE LAND USE MAP DES IG NATIONS • Ye ll ow designati on is RM . • G reen Striped is Co nservati on Easement. • Brown indicates Res MH (Residential Medium -High). • White is Open Space/public Lands. RM -RESIDENTIAL MEDIUM -DESCR!PT!ON FROM COMPREHENSIVE PLAN LANO USE D ESI G NATION Res idemia i ME:dium <RM • DESCRIPTfON Small iarms, estates and cluste rf.:d residential 5ubdi vision · dens1h· d e ce-rmin e d b y d egrei:: of clustering J.nd land pn::5erved in open condilion 0°1.,. open land -I du per <I 0 acre s 50% ope:n land -I du p i=r 8 acres 70% open l.md -1 du pe1 6 acre~- De nsity oi re .;1de ntial us e s: I du per 6 to < I 0 acres Example : V. STAFF ANALYSIS General COMPATIBLE Z ONING Rural IRl Pl.:\nne:d Un it De:velopmem 1PUD 1 A. The Applican t 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, wate r allotment contracts with the Basalt Water Conservancy District, and well sharing agreements. Consistent with referral comments from the Colorado Division of Wate r Resources , provided that the Applicant maintains compliance with the submitted documentation an adequate physi cal and legal supply of wate r 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 - 104(8)(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. Th e prop osed septi c sy ste m s haii be des ign ed a nd in st all ed to meet th e Co unty ISDS Re gulati o ns . S hould th e perco lati o n te st indi cate th e need for an e ngine ered system it will be req uired p u rs uant to th e regulation s. Th e Pre limin ary Des ig n provi ded s h all be upd ated to re fl ect t hat two dw e llin g u nits are proposed and the t otal n um ber of bedrooms. D. The App li cant shou ld comp ly w ith standard practices to help ensure compatib ili ty with wi!d!ife. Bear proof trash containers should be utilized for any outside trash storage. ADU Elevation Drawings . ..... ~ r----~---------------1 I I I I 1 · I ! I I ("__.. I D F. At the time of building permit application the Applicant shall comply with all standard 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 deta il. H. The site p lan shall be updated to show two parking spaces for use by the ADU. 8 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 abi lity 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 s ite s hould address wildland fire safety by thinning combustibl e 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 cuffent 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 Rim/edge Rd. and easement widths for this section have not been provided by the Applicant. The second section of access running south from Rim/edge 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). 9 VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that subject to compliance with the recommended conditions ofapproval, the ADU will be in compliance with Article Ill, 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 th e Ge ne ral Admini strat ive Permit to allow a n ADU on th e prop erty lo ca ted at 5343 Cou nty Road 100 (Assessor's Parce l No. 2393-251-00-151), s ubj ect to t he fo ll owin g conditi o ns: 1. A ll re presen tati o n of t he Ap pli ca nt conta in ed in th e appli ca tio n s hall be cons idered cond itions of approva l unless specifi ca ll y mod ifi ed by the Di rector Decis ion. 2. The proposed Individua l Septic Disposal System for the Accessory Dwe lli ng Unit sha ll meet all loca l and State hea lth regu lations and sha ll be des igned by a Colorado Reg iste red Profess iona l eng in eer if determ ined necessary based on percolation test resu lts. The system s ha ll be sized for two dw e llin g un its and t he tota l number of proposed bedrooms. 3. T he Applicant s hall m ain t ain complia nce with th e exist ing well pe rmits , we ll s ha rin g 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. Impleme ntation of s uch treatment options s hall be required prio r to iss ua nce of a ce rtifi ca te of occ upancy for th e pro posed Accessory Dwe llin g Uni t. 5. Extension of electrical service to serve the ADU w ill be required at the time of building permit and construction and shall be be low grade if determined to be feasib le. 6. The proposed ADU shall ma intain compliance with all Add itional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 includ ing but not limited to a maximum size of 1,500 sq .ft . ownersh ip restrictions, and compliance with all Garfield County Building Code Requirements. 7. Prior to issuance of the Adm inistrative Land Use Change Permit the App licant will obtain an updated driveway access permit and shall improve the driveway serving the ADU as required by sa id perm it. T iming for the required improvements sha ll be per the Garfield County Road and Bridg e Departme nt poli cies. 8. T he Applicant shall update t he site plan and con struct/design ate two parking s paces for th e ADU and maintain th e existing turnaround dimension s. 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 hi s letter dated 4/2 7/1 2 . 10 . The Appl ica nt sha ll provide bear proof trash containers for any outside storage of tra.sh for the Accessory Dwelling Unit. 11. The App licant'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 App licant shall comply with representations in the submitta ls to maintain vegetation control to min imize potential impacts from wildfire. Sa id vegetation control shall include trimming a ny overha ng ing t rees on the access drive and utili zation of the State Fo rest Service guid e lin es for defe ns ible space. 14. Th e Roadway Standard s contain in Se ction 7-307 a re applica bl e t o thi s pe rmi t re qu es t. T he Applica nt s ha ll upgrad e th e access road to th e s ite t o meet t he Cou nty's Standard s Roadway Standard s contained in Section 7-307 unless a waiver request is approved by the Board .of County Commi ssioners. 11 County Road Access Rimledge Road 12 North-South Section with (20 ft . Easement) Road on the Applicant's Property (60 ft. easement) 13 Road Approaching Existing Home 14 Existing Home • West of ADU Septic Field Area 15 Welles Accessory Dwelling Unit General Administrative Permit General Administrative Permit -Accessory Dwelling Unit Request for Reconsideration of a Director's Determination and Waiver from the Roadway Standards Garfield County Board of County Commissioners June 18, 2012 Applicant: Sondra and Peter Welles tillbbles" c.. ro ~ > ......, ·-c ·-u ·-> ""'C ro 0 0::: Vl Vl Q) u u .. <( I! Q) 3 Existing Home and Proposed ADU Location Aerial Photograph ADU Site Layout -r··--------., I I I I-~-&~~~· I I 1-------~---------1 I I I 'Pl81WOHIDKICMIUIE I I L-------L------- ....... ___ _ ADU Site Location Access Road Description -Waiver Request • Applicant has requested a waiver from the ULUR roadway standards citing the adequacy of the current roadway and the low traffic generation for the rural residential properties. • 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. • Approximately 9 lots/homes utilize Rimledge Rd. for access. • Approximately 3 homes currently utilize the last section of the access road. The Proposed ADU would be the 4th unit. • The Applicant's Lots was created by Subdivision Exemption in 1977 (Lincicome -Hotchkiss, aka Flying Bar Ranch). • Many of the other lots in the vicinity were also created in the late 1970's by subdivision exemption. ULUR Roa dway Standa rds SECTION 7-3G7 ROADWAY S TANDARDS .• A. General Road Design and Arran geme nt. ARTICIEVll Sll'MIOMilOS 7 ·307 R OADWAY SfAtllDAIRDS 1. Subdivision Ac:ooss. Access to a t.I subdivisions shall b e from a public street system. 2. ~rement for Ro adway Infrastructure. Roadwa ys, c 111rbs and guUerr.s, and sidewalks sh all b s p rovfded as r equitred by the foll 'o w'i1111 9 sta n daals: 401-2500 2.1>1 ·~400 :11 0 1 -~0 21 -1'1JI) 11 -ZO· 60' ~o· i!ilr if(j JO' 30 ' . Sl n!)l e t.ime Slng'la 12' 11' . 11' 8 ' Lan e 12' 12 ' 6' s.· <!.' 2' DI o· 4'jn Min 4'1n 1Mfn Z' l'n Min 10' 6'' 6 ' 4' 3' o« 2% 2% 1% 2% ctilpi'Seal Oli~ISeel 2% nllll 3%.Gravei 3% GrailNl l So/a "··~ Access Driveway Descriptions • Rim ledge Road: This first section of the Access Road serves the largest number of homes (estimated at 9 -10 units) and is the most improved. It has good lan e width and ditch/shoulder dimension s appear to be adequate. However, the Applicant's documentation of easement width appea rs to not meet the 40 ft. requirement. • North/South Access Road: This middl e section is where the access to the Applicant's property turns south off of Rim ledge Road. This section meets the 16 ft. lane width requirements in most sections, but appears to be slightly narrower than required in some areas. It only partially meets the ditch and shoulder dimension requirements and docum entation on ease ment width needs to be provided as noted in the Conditions of Approval. • Approach to the Applicant's Hom e : This final sect ion of access is difficult to categorize as with the Applicant's ADU some sect ions will serve 4 units and some sections as few as two units. In general this sect ion would be partially compli ant on lane width, partially compliant on ditch and sho ulder dimensions, and compliant for right-of-way/easem ent width. Summary Table on Road Standards Roadway Standards Rimledge Road North -South Approach to Access Applicant's Home Lane width Generally Compliant Partially Compliant Partially Compliant Ditch/Shoulder Generally Compliant Partia lly Compliant Partially Compliant Dimension Right-of-way Width Not Compliant Documentatio n Compliant Required Road Category Semi -Primitive Sem i -Prim itive Semi -Primitive & (approaching Rural Primitive Roadwav Criteria) Relevant Ar ticle VII Pro vi sions AR ICLE VII STANOAROS 7-101 Ct:1iMP . CE1 WliH lONI:: DISTffiCT USE RESTRICTION$ This Article sets forth !he minimum standards for pmpo sed land use cha 1nges, In the event that oon1ain minimum :standards m.ay be ·eilh ~r ina~prt)priiaite or canno t be practlcal~ imple merited . a waiver from sum srarnd ard s ITTcay be· cons .id'err:td. A wrnlen request 11or wa~v·er from a specific standard should be ifiiduded with the application package. DtVISION 3 StTE PLANN~NG AND DEVELOPMENT -STANDARDS These standar1ds sha!ll app ly to all land use changes pr·oposlng M.ro munlt arid multi-untt dwetlmgs, comrnercia l and industda! use, and divisions of land not olherwf.se exempt from these R.eg1.datioM. I Access Road at County Road 100 I Rimledge Road Portion of Access North South Section of Access Drive Last Section of Access Road Approaching the Applicant's Property Referral Comments and Staff Analysis • The Carbondale and Rural Fire Protection District did not raise any concerns with the existing access road configurations. Their follow - up verbal comments on trimming overhanging branches, maintaining the turnaround at the Applicant's home, and Forest Service Wildfire Guidelines have been incorporated in other conditions of approval. • The County's Consulting Engineer (Mountain Cross Engineering) noted the Road Standards issue in his comments and the potential need for a waiver. Staff has had follow-up conversations with Chris Hale at Mountain Cross Engineering including the need for better clarity on access standards for private driveways. Chris is available to assist staff with amendments to the Roadway Standards, subject to direction from the Board. Referral Comments and Staff Analysis • Garfield County Road and Bridge: Requested that a driveway access permit b e obtained for the access point off of County Road 100 for the purposes of upgrading the access to meet the County Standard s (i.e. asphalt apron etc.). • Garfield County Vegetation Mana ger: Has provided comments requesting additional clarification on the man agement of the soil stock pile (i.e. removal, soil cover, dust control). • Colorado Division of Water Resourc es: The Division reviewed the well and w ater service plan and indicated that "so lon g as the wells continue to operate within the bounds of their respective permits and a well shar ing agreement is in place, this office has no objections to this application." • Garfield County Environmental Heal th Manager: Indicated that he has no issu es with the application. • Referrals were also sent to the Town of Carbondale and Holy Cross Electric. No comments have been received. Director's Decision Conditions of Approval 1. All representation of the Applicant contained in the application shall be consid ered conditions of approval unless specifi cally modified by the Director Decision. 2. The proposed Individual Septic Dispo sa l 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 si zed for two dwelling units and the total number of proposed bedrooms. 3. The Applicant shall maintain compli ance 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 wate r system prior to issuance of a certific ate of occupancy for the proposed Acces sory Dwelling Unit. 4. Prior to the issuance of the Admini strat iv e Land Use Change Permit, the Appli cant shall provide an updated water qu ality test reflecting compliance with the ULU R and basic Colorado Primary Drinkin g Water Standards. Should the report iden tify concerns or non-compliance the Applicant shal l propose treatment options to meet the standards which shall be reviewed and determined acceptable by the County Environmental Health Man ager. Implementation of such treatment options shall be required prior to is suance of a certificate of occupancy for the proposed Accessory Dwelling Unit. Director's Decision Conditions of Approval 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. ownersh ip restrictions, and compli ance 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 sha ll 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 const ruct/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 th e time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during constru ction and sha ll address the County Veg etation Manager requests contained in his letter dated 4/27 /12. Directo r's Dec ision Conditions of Approval 10. Th e Applicant shall provide b ear proof trash conta in e rs for any outside storage of tra sh for the Accessory Dwellin g Un it. 11. Th e Applicant's request for waiv e r f rom submitta l r equirements relat ed to topographic mapping for the e ntire site is accepta bl e . 12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm th at the acce ss deeds provided with th e su bmittals estab l is h access from the site to t he County Road or provide addition al documentatio n confirming such le ga l ac cess. 13 . Th e Applicant shall comply with r epresentations in th e submittals to m aintain v ege t ation control to minimize p otential impacts f r om wildfire. Said v ege t at ion control shall include trimmin g any overhang i ng trees on the access drive and utilization of the State Forest Se rvi ce guide li nes fo r d efensible space. 14. The Roadway Standards contain in Sect i on 7-307 a r e applicable to this pe rmit re que st. The Applicant shall up g rade the access roa d to the site to m ee t th e County's Standards Roadway St an dards contained in Se ction 7-307 unl es s a w aiver r equ est is approved by the Board of County Com mi ssioners. Reconsideration Request Board Options • Option #1: Approve a waiver from the roadway Standards in Section 7- 307 of the ULUR to allow the existing access roadway as constructed and in place to serve the proposed Accessory Dwelling Unit. This waiver would satisfy Condition #14 and would not require any change to the Director's Determination. • Option #2: Approve a waiver from the Roadway Standards in Section 7 - 307 of the ULUR and approve an amendment to the Director's Determination (dated April 27, 2012) establishing a new Condition #14 with revised standards for the access roadway. Sample language for a revised Condition #14 is provided below: Sample Condition #14: The Applicant shall provide for a minimum driving width of 16 ft. (two 8 ft. lanes) on the access roadway, shoulder and ditch dimension as necessary to provide for proper drainage, and a minimum of 20 ft. of access easement width. Reconsideration Request Board Options • Option #3: Deny the Applicant's request for reconsideration of the Director's Determination and the Applicant's request for a waiver from the Roadway Standards in Section 7-307 of the ULUR. This option would leave in place the Director's Determination of Approval with Conditions as outlined in the Director's Determination Decision Letter dated April 27, 2012. This would require the Applicant to upgrade the access road to the Section 7-307 standards, widening some sections, acquiring some additional right-of-way and establishing and widening shoulders and ditches in some sections of the access road. • Option #4: Direction to Staff regarding the applicability of the current code and roadway standards to private driveways including accessory dwelling units and/or direction to Staff regarding initiation by the County of a text amendment to the ULUR to clarify and update the Roadway Standards to better address private driveways. (this option can be separate from or in addition to any of the above three options). a. ro ~ > ~ ·-c ·-u ·-> _G_l_e_n_n_H_a_rt __ m_a_n_n ________________________________________________ ,.} From: Sent: · To: Subject: Glenn, Michael Prehm Tuesday, April 10, 2012 4:32 PM Glenn Hartmann Welles Accessory Dwelling Unit EXHIBIT i- 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 I Glenwood District Office (970) 945-1223 Fax. (970) 945-1318 Ce ll (970) 618-7109 mprehm@garfield-county.com 1 EXHIBIT ~ _G_l_e _n_n_H_a_rt_m __ a_n_n ______________________________________________ ... 1 From : B ill Gavette [gavette@carbondalefire.org] Sent: Friday, April 27, 2 01 2 2:2 7 PM To: Glenn Hartmann S ubj ect : W e ll es ADU Glenn, I have reviewed the application for the proposed Welles ADU at 5343 County Road 100. I have no issues with the proposal. Thanks, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FJRE • Ei\>iS •RES CUE 1 April 25, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT N MOUNT i fN<ilNf-._ __ ...,, CIVIL ANO ENVIRO NM ENTAL (ONSULTING ANO DESIGN RE: Review of Welles Accessory Dwelling Unit: GAPA-7155 Dear Glenn: This office has performed a review of th e documents provided for the General Administrative Permit Application for the Welles Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The following comments were generated: • The Applicant will need to review the road standards and identify the variances necessary from the roadway standards based on the traffic counts projected for the road . The ULUR requires that the ITE, Trip Generation, by used. • The Applicant should address any erosion or sedimentation control proposed for the project site since the area of disturbance seems to be near Y2 acre . Feel free to call if you have any questions or comments . 826 1 /2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com EXHIBIT i 0 ·· arfield C unty Veeet£1tion Mtmt1eement April 27, 2012 Glenn Hartmann Garf ield County Building & Planning Department GAPA-7155 RE: Welles Accessory Unit Dear Glenn, Thanks for the opportuni ty to comme nt. The site plan indicates a soil stockpile area. Staff requests that the app licant provide the following: o A timetable for eli minating topsoil or aggregate pi les o A plan that provi des for so il cover if disturbances sit exposed for a period of 90 days or longe r o Erosion cont rol and dust suppression measures and management for the stockpile. Please let me know if you have any questions. Sin~- Steve Anthony ~~ Garfield County Vegetation Manager 0298 County Road 333A Rifle, CO 81650 Phone: 970 -625 -8601 Fax: 970-625-8627 -·-·-·----------- --·· -· - Glenn Hartmann i ___________ 1 Fro m: Sent: To: Cc: Subject: Attachments: Glenn, Ad a ms , Ka rlyn [Karlyn.Ada ms@st ate.co.us] Friday , April 2 0 , 2 0 12 9:33 AM G lenn Ha rtm a nn DeW o lfe, Jake; Martellaro, Alan Welles Accessory Dwelli ng Unit Comments from DWR WELLES_ADU_A-2 .2 Composite Site Plan2436.pdf We have reviewed the above mentioned proposal to add an accessory dwelling unit (ADU) to the "Adobe Property'' located at 5354 County Road 100 in Carbondale. The applicant proposes to pipe water from a well located on an adjacent parcel, the "Ranch Property", to the ADU on the Adobe Property. The Ranch Property uses a well operating under well permit no. 62797-F pursuant to Basalt Water Conservancy District (BWCD) Contract No. 223. Its uses are limited to ordinary household purposes inside two single family dwellings, the irrigation of up to 1 acre of lawn and garden, and the watering of domestic animals. The annual amount of water to be appropriated shall not exceed 3.0 acre-feet. The Adobe property uses a well operating under well permit no. 43011-F pursuant to BWCD Contract No. 221a. Its uses are iimited to ordinary household purposes inside one single family dwelling, the irrigation of up to 10,000 square feet of lawn and garden irrigation, and the watering of domestic animals. The annual amount of water to be appropriated sha ll not exceed 1.0 acre-foot. This issuance of this permit cancelled permit no. 155464. 62797-F and 43011-F are va lid permits; both maintain valid contracts with BWCD. The application indicates that the Adobe Property will operate us ing a well with perm it no. 155464. The applicant shou ld be awa re that t his is no longer a valid well permit; the well is now operated pursuant to well permit no. 43011-F. This office recommends that t his change be re flected in the well sharing agreement and d raft change in ownership form (GWS-11) submitted wit h the application materials. So long as the wells continue to operate within the bounds of their respective permits and a weli sharing agreement is in place, this office has no objections to this application. If you or the applicant have any questions please contact me in this office. Sincerely, Karlyn Adams, E.l.T. Water Resource Engineer Co lorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 EXHIBIT Glenn Hartmann f Q ---------------------------------------------------------~~~~~ From: Sent: To: Subject: Glenn, Jim Rada Thursday, April 19, 201 2 1:4 1 PM Glenn Hartmann GAPA-7155, Welles ADU I have no issues with this application. Thanks for sending it my way for a look. Inn Rada Environmental Health Manager Barfield County Public Health 195 W. 14th Street Rifle. GO 81650 Phone -970-625-5200 x8113 Direct -970-665-6380 Fax -970-625 -8304 Gell -970-319 -1579 jrada ffil garfie ld-county .cam www .garfield -county.com 1 . hj{1 MESA COUNTY ~\ v,,_) HEALTH DEPARTMENT --..~ .... --·---------- Cusfotner l afld M Pump, file. 8611-117 Rd Glenwood Springs, CO 81601 Sample Invoice # 425-12 System Pete Welles Test Name 5343CR100 ~I r.Jvct~F Carbondale CO Result Mesa County Health Department Regional Labor l 510 295 Rd. Grand Junction, CO 81504 .. US Mail: PO Box 20,000, Grand Junction, CO 81502 (970) 248-6999 fox (970) 683-6608 http://health.mesacounty.us /l ab Time Collected By Collected 02/02/2012 11:00 AM Rid1 Received 02/03/2012 Matrix Raw Water Pumose Special Purpose Comments 1:3oPM Total co liforms PA ABSENT Coliform/ABSENT E.coli or less than one (<1), indicates a microbiologically safe sample 02/06/2 012 9:16:45 AM ------------------- ------ ------"'=' -----------:-=-=-=------- EXHIBIT R ,,.-~ l-l,-c,_1 MESA COUNTY \:(\:_">7 HEALTH DEPARTMENT Customer J and M Pump, Inc. 8611-117 Rd Glenwood Springs, CO 81601 Sample Invoice# 487-12 System Pete Welles 5345CRtoo co Location Well Test Name Result Mesa County Health Department Regional Laboratory 510 29.5 Rd, Grand Junction, CO 81504 US M ail: PO Box 20,000, Grand Ju nction, CO 81502-5033 .(970) 248-6999 fax (970) 683-6608 http://hea lth.mesacounty.us /l ab Collected 02/07/2012 Received 02/08/2012 Matrix Raw Water Purpose Special Purpose Comments Time Collected By 2:00 PM RlcR lt:OOAM Total coliforms PA ABSENT Co liform/ABSENT E.coli or less than one(<!), indicates a microbiologically safe sample 02/09/2012 9:29:55 AM r--':::-_-----=--=---==---=------------~----':"'"'"""-....-~-=-=---=-.-:-:-~-~-=--:-=.....-=---'="=---::::-"::"'"=:---- I "'\ I .... _./ ._j EXHIBIT 7 ARTICLE VII -.-----~""'~ STANDARDS "" ROADWAY STANDARDS SECTION 7-307 ROADWAY STANDARDS. A. Genera l Road Design and Arrangement. 1. Subdivision Access. Access to all subdivisions shall be from a public street system. 2. Requirement for Roadway Infrastructure . Roadways, curbs and gutters, and sidewalks shall be provided as required by the following standards: 3. 401-2500 201-400 60' 50' 12' 11' 6' 6' 4'inMin 4'inMin 10' 6' 2% 2% 3% 5% 35mp~ n/a 185' 80' 101 -200 21 -100 50' 11' 4' 2' in Min 6' 2% Chip/S eal 3%Gravel 5% 40' 8' 2' 4' 2% Chip/Seal 3% Gravel 5% 11-20 30' 30' Single Lane Single Lane 12' 12' O' O' 3' O' 2% n/a nla n/a Circulation and Alignment. The road system sha ll provide adequate and efficient internal c irculation within the development and provide reasonable access to pubic highways serving the development. Roads sha ll be designed so that alignments will join in a logical manner and GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-39 \ .. ,