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HomeMy WebLinkAbout2.0 Pejuta Staff ReportDirector’s Decision Exhibits – GAPA 8003 LETTER EXHIBIT A Proof of Publication B Garfield County Land Use and Development Code C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report dated August 15, 2014 F Referral Comments – Ivan Franco, Division of Water Resources G Referral Comments – Jim Sears, Garfield County Sheriff H Referral Comments – Chris Hale, Engineer I Referral Comments – Bill Gavette, Carbondale and Rural Fire Protection District J Referral Comments – Morgan Hill, Garfield County Environmental Health K Referral Comments – Michael Prehm, Garfield County Road and Bridge L Referral Comments – Steve Anthony, Garfield County Vegetation Management Chante Pejuta, LLC ADU GAPA-8003 August 15, 2014 TA PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review – Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Chante Pejuta, LLC LOCATION The property is located approximately 2.75 miles east of the Town of Carbondale on County Road 100. The address is 2701 CR 100, Carbondale, CO 81623. LEGAL DESCRIPTION Located on Lot 3 of Ries Exemption of Section 31, T8S, R87W on a property known by Assessor’s Parcel No. 2391-313-00-027 ACRES 2.56 acres ZONING Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval to allow an Accessory Dwelling Unit of 975 square feet on their 2.56 acre property. The ADU structure would be served by a shared well for water and would be served by a shared On-Site Wastewater Treatment System (OWTS) that currently exists. Access to the site is an existing paved driveway directly from County Road 100. The site has ample areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. II. DESCRIPTION OF THE SITE The site is currently developed with a single family residence, a pond, a playhouse, a chicken coop and a storage building. The Applicant is proposing to covert the existing permitted storage building into the new ADU. This property is located in the Floodplain and proper floodplain permitting has occurred for the permitted storage building structure issued under permit # FDPA-7-12-7311. Vicinity Map 2 Subject Property CR 100 Approx. ADU Location Existing Single Family Dwelling Unit 3 III. APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural District as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. IV. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • The Applicant should provide evidence of floodplain permitting or an elevation certificate. • The Applicant should have the engineer provide a letter that verifies that the ISDS is sized to handle the ADU. B. Colorado Division of Water Resources (DWR): Provided information on the background of the existing well permit 74762-F that was issued on January 21, 2011 for a residential site of 2.56 issues for the purpose of one single family dwelling and irrigation of not more than 5,800 square feet of home gardens and lawns. The permit was issued contingent upon the application securing a substitute water supply plan with the Basalt Water Conservancy District. The Applicant has applied for a new permit, however a new permit has not yet been issued. C. Garfield County Road and Bridge: Michael Prehm noted that Driveway permit GRB-14-D-11 has been issued and all conditions of the permit have been met. D. Carbondale and Rural Fire Protection District: Bill Gavette indicated that the District has no issue with the proposed use. E. Garfield County Environmental Health: Morgan Hill indicated that the application needs to meet the state required 50 foot offset for the location of the sewer line. In addition, the OWTS needed to be designed to handle a flood event and that the septic tank needed to be properly anchored. 4 F. Garfield County Vegetation Manager: Steve Anthony indicated that the applicant should submit a noxious weed map and inventory of all Garfield County listed noxious weeds. Of particular concern on this site are plumeless thistle, Canada thistle, Oxeye Daisy. G. Garfield County Sheriff: Jim Sears indicated that the Department has no issue with the proposed use. V. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulation for the Rural Zone District. The proposal meets maximum lot coverages and exceeds the minimum lot size of 2 acres. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The property is located within Residential Low (RL) designation on the Comprehensive Plan Future Land Use Map (see map excerpt below). The density for residential uses in this designation is 1 du per > 10 acres. The proposed density of two units on 2.56 acres exceeds the density allowance for the RL designation. Section 2, Policy 2: Accessory Dwelling Units are included within the overall land use density as described in the Land Use Table shown on the Future Land Use Map. Section 2, Goal 1: to bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures. Staff recognizes that the proposed ADU meets a variety of the overall plan goals, specifically the housing goals, but does not meet the prescribed density. Because this plan is advisory and general compliance is sought, it is found that this application in general conformance with the Comprehensive Plan. 5 Comprehensive Plan of 2030 Section 7-103: Compatibility The proposed use is located in a rural residential area and the proposed use will not significantly alter or impact this character. The area surrounding the subject property are predominantly residential in nature with some agriculture. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The Application included a copy of an existing well permit approved for a single family home and 5,800 square feet of irrigation. The well permit also requires a contract for augmentation through the Basalt water Conservancy District, of which a copy of the executed contract is included. The Applicant has submitted evidence that they have filed for a new well permit to increase the use of the well to two residences, though an approved permit has not yet been issued. Testing has been completed for water quality, however evidence of a 4 hour pump test was not and should be considered as a condition of approval along with evidence of a legal water supply. Section 7-105: Adequate Central Water Distribution and Wastewater The Applicant has provided evidence that a new sewer line has been constructed that ties to a permitted ISDS system that serves the single-family home. Information has been submitted by Timberline Engineering that demonstrates the new line has been constructed to meet State Board of Health guidelines. The ISDS system was permitted by #SEPT 2-12-2374 Section 7-106: Adequate Public Utilities The Applicant states that the property is currently served with electric and gas. Both of these utilities are anticipated to be extended to the proposed ADU. Any future extensions need to be in compliance with State requirements and inspected by the State Electrical Inspector. 6 Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (see attached). Road and Bridge indicated the property has direct access off of County Road 100 and that the Driveway permit and conditions have been met. The driveway was permitted by GRB-14-D-11. b. The Applicant has supplied a scaled site plan that includes the driveways within the property. The site plan shows that the driveways conform to the 12’ minimum width requirement for Primitive/Driveway standards. Aside from the statement of conformance, no further documentation has been submitted. Section 7-108: Natural Hazards The Applicant recognizes that the property falls within the 100 year floodplain. All structures have been designed to meet the standards of the 100 year floodplain and a permit for the storage building has been issued under permit #FDPA-7-12-7311. Section 7-109: Fire Protection The Application was referred to the Carbondale and Rural Fire Protection District and they indicated that they had no issue with the proposed use. As long as the ADU is constructed to meet current building code standards as required through the building permit process, Staff believes that the structure will meet fire protection standards. Article 7, Division 2: General Resource Protection Standards Section 7-201 Agricultural Lands The proposed development is accessory to the primary dwelling unit on the subject property. The property is not currently being used for agricultural purposes and it is not anticipated that the proposed development would adversely affect neighboring agricultural uses. Section 7-202 Wildlife Habitat Areas The Applicant has indicated that due to the past uses on the property and the placement of the ADU, no significant impact to wildlife habitat is expected. Section 7-203 Protection of Waterbodies The proposed ADU is adjacent to the Roaring Fork River and has been located outside of the required 35 foot setback from waterbodies and a floodplain permit has been issued for this building. As a result, no impact to waterbodies is anticipated. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage from the property. As the driveways are currently in place, no significant change to the topography or drainage from the property is expected. The Applicant has requested and has been provided a waiver from submitting a full Grading and Drainage Plan. 7 Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. Section 7-206 Wildfire Hazards The subject property is generally identified as Not Rated according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys exist on the property. To this end, Staff feels that wildfire danger on this property is within acceptable levels as long as a defensible space is maintained for both the proposed ADU and primary dwelling unit. As a Condition of Approval, Staff recommends that the roof materials be made from a noncombustible material as required by the LUDC. Section 7-207 Natural and Geologic Hazards No significant natural or geologic hazards have been identified on the subject property. Section 7-208 Reclamation No new disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the Applicant is proposing to convert the existing storage building into an ADU. Landscaping is proposed as a part of the ADU that will reclaim any disturbed areas following construction. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Design The ADU use is generally compatible with surrounding residential land uses and the site is buffered from the road and adjacent properties with vegetation and berming. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit in that two parking spaces have been provided for the ADU. Sections 7-303 Landscaping Standards: The Applicant has submitted a very detailed landscaping plan, however, the LUDC specifically exempts ADUs from Section 7-303. Section 7-304 Lighting: The Applicant has submitted a statement in regard to the lighting standards. The Applicant has represented that they meet all criteria (7-304.A-E) in regard to County lighting standards. Section 7-305 Snow Storage Standards: The Applicant did not submit any information in regard to snow storage and noted that this section was not applicable. Staff has reviewed the submitted site plan and despite there not being specific areas delineated for snow storage, there is sufficient space near the proposed ADU for adequate snow storage. 8 Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 7, Accessory Dwelling Unit 7-701.A Maximum Floor Area: The existing storage building that will be converted to the ADU is a total of 975 square feet in size. Section 7-701.B. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. Section 7-701.C. Compliance with Building Code: The Applicant has represented that the ADU will be used only for residential purposes and its construction will comply with all building codes. Section 7-701.D. Minimum Lot Area: The Applicant has 2.56 acres and as a result the minimum lot area requirement of at least 2 acres is satisfied. Section 7-701.E. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU as proposed will comply with this standard. VI. RECOMMENDED FINDINGS AND CONDITIONS Staff recommends a finding that the proposed Accessory Dwelling Unit is compliance with the Land Use and Development Code so long as conditions of approval are met as follows: Recommended Findings 1. That proper public notice was provided as required for the Director’s Decision. 2. The Director’s review was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to be heard. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Chante Pejuta, LLC Accessory Dwelling Unit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 9 Recommended Conditions of Approval 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by Director. 2. Prior to the issuance of the Land Use Change Permit, the Applicant shall submit an approved well permit from the Colorado Division of Water Resources. The Applicant shall maintain conformance with all requirements and conditions with the well permits for the property, including any required substitute water supply plan. 3. Prior to the issuance of a Land Use Change Permit, the Applicant shall conduct a 4 hour pump test and the results that have been analyzed and summarized in a report pursuant to section 4-203.M.1.b.5.(a). 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a map and inventory of all state and locally listed noxious weeds on the property. In addition, the Applicant shall provide a management plan for the identified noxious weeds. The inventory, map and plan shall be reviewed and accepted by the Garfield County Vegetation Manager. 5. The roof of the accessory dwelling unit shall be constructed of a non-combustible material. 10 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 1 Tamra Allen From:Jim Sears <jsears@garcosheriff.com> Sent:Friday, August 1, 2014 12:53 PM To:Tamra Allen Subject:Chante Pejuta, LLC-ADU Tamra,  After a review of the submitted application for an Accessory Dwelling Unit on a 2.56 acre parcel, the Sheriff’s Office does  not have any comments or concerns with this application.  I have placed the application and associated paperwork in relay back to you.  Jim Sears  Emergency Operations Sergeant  Garfield County Sheriff's Office  107 8th St.  Glenwood Springs, CO 81601  970‐945‐0453 (Office)  970‐987‐2871 (cell)  1 Tamra Allen From:Bill Gavette <gavette@carbondalefire.org> Sent:Friday, August 8, 2014 3:54 PM To:Tamra Allen Subject:Chante Pejuta - ADU Tamra,  I have reviewed the application for the Chante Pejuta ADU and I have no issues with the proposal.  Thanks,  Bill Gavette  Deputy Chief  Carbondale & Rural Fire Protection District  www.carbondalefire.org  970‐963‐2491  1 Tamra Allen From:Morgan Hill Sent:Wednesday, August 13, 2014 4:37 PM To:Tamra Allen Subject:Chante Pejuta ADU Referral Comments Hi Tamra,  My comments for the Chante Pejuta ADU land use change application are mainly related to the Onsite Wastewater  Treatment System (OWTS) that is on the property.  While I understand that the current system was recently upgraded  and was constructed to accommodate flows from the ADU, there are a few things in the application that are of concern  from an environmental health perspective.  ‐ In the letter from David Anderson with Timberline Engineering to Tom Rubin with Rubin Construction, David  states that “The sewer line has been constructed within the 50’ well offset and does NOT meet standards set  forth by state guidelines.”  I would recommend that all components of the septic system be constructed to meet  CDPHE standards and guidelines before the application is approved; unless the applicant can demonstrate that it  will not affect the nearby river and/or drinking water well.  ‐ I see mention of the structures on the property being constructed to handle a 100 year flood; however, I could  not find in the application where it outlines how the OWTS is designed to handle a flood event of this nature.  Is  the leach field within the 100‐year‐floodplane as well?  If so, is the septic tank anchored properly?  Has the leach  field been raised?    That’s all I have for now, as it looks like the drinking water well provides an adequate and quality water supply for the  most part.  Thank you,  Morgan Hill Environmental Health Specialist III  Garfield County Public Health  195 W. 14th Street  Rifle, CO 81650  Phone: (970) 665‐6383  Email: mhill@garfield‐county.com  www.garfield‐county.com/environmental‐health  For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. 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