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Home My WebLink About3.0 BOCC Staff Report 01.16.2012Director Determination — Exhibits Adams ADU -- January 16, 2012 Exhibit Letter (A to ZI . Exhibit A Mail Receipts for adjacent owner notice B Garfield County Unified Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan 2030, as amended D , Application E Email dated December 28, 2011 from Wyatt Keesbery - Road & Bridge F Letter dated January 9, 2012 from Burning Mountains Fire Protection District G Letter dated January 13, 2012 from The Noone Law Firm H Staff Report 1 Director Determination .1 K L M N From: Wyatt Keesbery To: Jtathv A. Easley Subject: 3903 CR 241 Adams Property Date: Wednesday, December 28, 2011 10:25:43 AM Kathy, After looking at the proposed construction on the Adams property, Road and Bridge has no issue's with them going forward with their construction. However, l want to remind them, that if a new access is needed, then they will need to apply for a driveway permit, through the Road and Bridge. If a new access is not needed, they need to know, that like with any building permit, their current access needs to meet the current Road and Bridge standard. Call me if there are any questions. wyatt Burning Mountains Fire Protection Disi Iburningrrintsfpd rd,m Kathy Eastley Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: Adams Accessory Dwelling Unit January 9, 2012 EXHIBIT Kathy: I have reviewed the referral request of Adams Accessory Dwelling Unit, file number GAPA 7062 and have the following comments for this proposed ADU. The requested accessory dwelling unit is located at the end ofa long narrow driveway off of County Road 241. The access is poor, based on requirements of the 2009 International Fire Code, (reference only). The access road is narrow, crosses a small bridge, and actually travels through another building (3901 CR 241) to access the existing home and the future structure. This being a very unique situation with regards to Fire truck and Ambulance access to the existing and future proposed structures, Burning Mountains Fire Protection District is jurisdictionally responsible for fire and EMS response to the proposed units and I would recommend the following. 1. I Review of site plan for new building before building permit is issued. 2. An engineered load rating for existing bridge on access road to proposed units and post weight limits on bridge. 3. Address signage at the Y intersection that is located at approximate '/4 mile down the driveway from the main road/driveway intersection. 4. Re-route access road around instead of through existing structure at 3901 County Road 241. 5. Due to existing access road (driveway) width, above listed recommendations, consider a Residential Fire Sprinkler system in both existing residence and future residence . Please contact me with any questions or concerns. Orrin D. Moon, Fire Marshal BOARD 3 0t' DI RECTORS President, Karen Maddalone-Cochran Secretary, Kevin Erpestad Director, John Moore Jr. Treasurer, Jim Voorheis Director, Megan Richards Fire Chief, Brit C. MeLin Station n1 Administration PC Sox 2 611 Main Street Silt, CO 81652 (970) 876-5738 Fax (979) 876-2774 Station #2 731 West Main New Caste, CO 81647 (979) 984-3412 Station 43 5255 CR 335 New Castle. CO 81647 (970) 984-3323 Station #4 775 Castle Valley_ New Castle, G 816 (970) 984-315 RECEIVED THE NOONE LAW FIRM JAN i 3 iiia_ A PROFESSIONAL CORPORATION i001 GRAND AVENUE, SUITE 207 P.O. Box 39 GLENWOOD SPRINGS, CO 81602 TELEPHONE: (970) 945-4500 FACSIMILE: (970) 945-5570 TOLL FREE: (800) 813.1559 January 13, 2012 Garfield County Building and Planning Department Attn: Ms. Kathy Eastley 108 81h Street Glenwood Springs, CO 81601 Via Hand Delivery GAARFIELD COUNTY BUILDING & PLANNING RE: Opposition to Request for a General Administrative Permit for an ADU Daniel and Cindy Adams Assessor's Parcel No. 2123-061-00-192 Dear Ms. Eastley: I represent Lazy Dog Properties, LLC (Pat Simpson, Manager), the owner of the property located at 3901 County Road 241 (Assessor's Parcel No. 2123-064-00-146), which is approximately 6 miles north of New Castle (the "Simpson Property"). 1 am writing to register Mr. Simpson's opposition to the application of Daniel and Cindy Adams for a General Administrative Permit to construct an Accessory Dwelling Unit ("ADU") upon the property located at 3903 County Road 241 on East Elk Creek Road on Assessor's Parcel No. 2123-061- 00-192, the "Adams Property"). The Adams Property is located directly to the north of and shares both a boundary and a 15 -foot wide access easement with the Simpson Property for access to CR 241. While Mr. Simpson is concerned about the potential degradation of groundwater in the vicinity of Mr. Simpson's well posed by the additional burden to be placed on the Adams Property's existing waste water treatment system, Mr. Simpson's primary objection is that the proposed ADU signals the beginning of the inevitable development of the three parcels to the north of the Simpson Property (collectively, the "Northern Parcels"). That development, in conjunction with the existing uses of the 15 -foot access road easement (the "Access Easement"), is greater than the access road can safely accommodate. When Mr. Simpson bought his property in 2004 from Edna Samples, he took title subject to "perpetual easements, fifteen feet in width, for roadway purposes, permitting access from the existing County Road to property not owned by Grantees [sic] in Lot 2, SEIANW1/4, S%NE1/4 and N'IzSE'I of said Section 6 ...." Rs Kathy Eastley January 13, 2012 Page 2of3 The "property not owned by Grantees," which includes the Northern Parcels, had until 1996 bccn under the common ownership of the siblings Ralph R. Sample, F. Barton Sample, and Marjorie E. Chandler. In 1996, the siblings created separate parcels out of the jointly -owned lands, divided ownership of the parcels among them, and created the Access Easement over the Simpson Property. When created, the road within the Access Easetnent was adequate for access to the Northern Parcels because use of the land from which the Northern Parcels were carved was limited to a single residence and a cattle operation owned by Daniel Adams's grandmother, Shirley Sample. Ms. Sample uses the access road only intermittently for trips to Town, and occasionally to truck cattle on and off her property. Moving northerly from the Simpson Property, the Northern Parcels, which total 108306 acres, are currently owned by Mr. Adams (35.206 acres), Soaring Gray Eagle Ranch, LLLP (35,109 acres), and Sylvia S. Moore (38.391 acres). The proposed ADU and new residence on the Adams Property would change the use of the access road from a one-way driveway from the Simpson Property to the single dwelling on the Adams Property to a road serving two families, their guests, contractors and delivery trucks, with their vehicles travelling directly through the Simpson home, thus increasing traffic congestion, noise, dust, light and disturbance to the Simpsons. The existing access road is simply not designed nor intended to serve multiple residences or the associated vehicular traffic which will result from the development of the Northern Parcels, which is certain to occur. The access road over the Simpson Property has a 9 -foot wide travel surface with 3 -foot shoulders. Not only is the 15 -foot easement fenced on both sides for the first quarter -mile section accessing CR 24I, but it also crosses a narrow bridge over East Elk Creek and a culvert for the Waggoner Ditch on the Simpson Property before it runs directly through a tunnel, or porte- cochere, through the Simpson home to the Adams Property. For the majority of its length through the Simpson Property, the access road can only accommodate one-way vehicular traffic. In other words, when a vehicle encounters another vehicle coming from the opposite direction, one vehicle must back up to a place where space permits passing. When wet or covered with snow and ice, safe travel becomes only more problematic. Indicative of the apparent intentions of the owners to develop the Northern Parcels is the Reciprocal Easement Agreement, executed and recorded just weeks ago as Reception No. 81 1871. In the Reciprocal Use Agreement (copy enclosed), Mr. Adams and the owners of the two parcels to his north have granted one another 20 -foot wide access and utility easements, for access and the installation of utilities to and from CR 241, purportedly through the Simpson Property where it would choke down to the 9 -foot road surface at the Simpson boundary. More significantly, the Reciprocal Easement Agreement, whose 20 -foot easement seems to target the County requirements for two-way access driveways set forth in County Unified Land Use Resolution 2008, Section 7-304(0), opens the door to development densities authorized by the Land Use Resolution and the Comprehensive Plan 2030. As you know, the Ms. Kathy Eastley January 13, 2012 Page3of3 Comprehensive Plan designates the Northern Parcels as "Residential Medium High," with allowable densities of one dwelling unit per each parcel of 2-<6 acres, or 5 to 17 additional homes on the Adams Property alone, each also having the right to apply for an ADU, and 18 to 54 homes, plus an equal number of ADUs, on the Northern Parcels as a whole. Given the physical constraints of the existing 9 -foot wide access road surface and the severe access choke points on the first quarter mile of the access road, the Elk Creek crossing, the Wagonner Ditch crossing and the tunnel passage through the Simpson Home, each of which currently present serious safety and firelemergency response access issues, we see no meaningful way to mitigate the impacts short of a relocation and reconfiguration of the existing Access Easement to the northeast of the Simpson Property. For the foregoing reasons we request that the County deny the pending Application for the General Administrative Permit until Mr. Adams is able to propose a safer and more reliable alternative access route over the Simpson Property acceptable to Mr. Simpson. Mr. Simpson, who has yet to be approached by Mr. Adams or his representatives regarding this Application, is readily available to discuss reasonable alternatives. I also ask that the County keep me apprised of any action taken with regard to the pending Application. The email address below is the most reliable means of contact. Photographs and maps of the relevant areas are attached for your reference. Thank you for your consideration, and please don't hesitate to call me if you have any questions or if you need any further information. Very truly yours, THE NOONE LAW FIRM A Professional Corporation Robert M. Noone rinn@noonelaw.com RMN cc: Lazy Dog Properties, LLC/Mr. Pat Simpson Enclosures Golderi Eagle _Ranch /212306100147 ' r r " Image Date - 9/22/2O11 feet', 4000 1 km White background is area described from this provision of Sample Quitclaim Deed recorded at Garfield County Reception No. 488265: "Subject to perpetual easements, fifteen feet in width, for roadway purposes, permitting access from the existing County Road to property not owned by Grantees in Lot 2, SE1/4NW 1/4, S1/2NE114, and N1/2SE1/4 of said Section 6, as such access roadways are now in place and located upon the Conveyed Property." Boundaries of Garfield County parcels formerly comprising the Sample -Chandler jointly owned lands, the current owner, and Garfield County parcel number are shown in white, except for the Simpson Property, whose boundary is shown in red and does not feature a parcel number. Green lines denote boundaries of Quarter -Quarter sections or Government Lots. Quarter -Quarter section/Government Lot labels describe the Quarter -Quarter section/ Government Lot of Section 6, Township 5 South within which the label is entirely located. Purple/Magenta lines represent the boundary of Section 6. Orange lines represent the Township 5 boundary. • • .1,e'r: , - 1kt. "p irSe • tcrA- 4.k 16. ... • ,„ •ft r ADAMS ADU GENERAL ADMINISTRATIVE PERMIT REVIEW DIRECTOR DETERMINATION JANUARY 16, 2012 EXHIBIT 1. REQUEST Daniel M. Adams is the owner of record of parcel number 2123-061-00-192, otherwise described as 3903 CR 241. The ±35.2 -acre site is located northwest of New Castle, adjacent to East Elk Creek in Section 6, Township 5 South, Range 90W. A single family home currently exists on the site which the Applicant seeks to convert to the Accessory Dwelling Unit (ADU). This would then allow for the future construction of a single family home that would function as the primary unit on the site. The Rural zone district permits ADU's with a minimum lot area of 2 -acres and compliant with applicable standards contained in Article VII of the Unified Land Use Resolution of 2008, as amended (ULUR). Access from the county road to the subject parcel is through an adjacent parcel via a 15' non- exclusive access easement upon which a single travel lane has been constructed. The site is subject to an exempt well permit which allows for the well to serve up to three dwelling units and 1 acre of irrigation. The existing dwelling is served by an individual sewage disposal system (ISDS) and the Applicant has stated that the new unit to be constructed will include a new ISDS. 2. APPLICABLE REGULATIONS The Land Use Table contained in Article III designates an ADU as a Use Permitted Subject to Administrative Review and compliance with standards contained in Article VII. Submittal requirements have been met including provision of a site plan indicating access to the unit, as well as water and sanitation issues. Standards applicable to all requested Land Use Change Permits are contained within Divisions 1, 2 and 3 of Article VII and include water and sanitation, compliance with natural resource protection standards, and site planning and development standards. Additional standards 1 applicable to ADU's are found in Section 7-801. All requirements appear to have been met, including the requirement for notice to the adjacent properties which the applicant has completed, submitting certified return receipts for that notice. 3. REFERRAL AGENCY COMMENTS An adjacent owner has contacted Building and Planning via his attorney, Bob Noone, to voice opposition to the approval of the ADU application. The salient issue identified regards the sufficiency of the access easement to comply with driveway standards, particularly if a Land Use Change Permit is issued for an ADU. See Exhibit G. Burning Mountains Fire Protection District, Exhibit F, 4. RECOMMENDATION Staff finds that the proposed ADU is in compliance with the Garfield County Unified Land Use Resolution of 2008, amended (ULUR) Article III, Zoning; procedural requirements contained in Article IV; and the following standards contained in Article VII - §7-104, Adequate Water; §7-106, Adequate Wastewater System; §7-108 A., Access to Public Right -of -Way; and §7-801, Additional Standards Applicable to an Accessory Dwelling Unit. However a recommendation to deny the request is based upon the access not complying with minimum road standards contain in Section 7-307. These standards are based upon average daily traffic generated by the uses. It appears that the driveway currently serves three single family homes - the Adams home, the Simpson home and the home on Golden Eagle Ranch LLC — resulting in 29 average trips per day. If the traffic generated by the ADU is added to this number it increases to approximately 39 average trips per day which requires provision of a minimum of 40' right-of-way and two eight foot (8') travel lanes. Currently the site cannot demonstrate compliance with roadway standards based upon the additional traffic generated by the Accessory Dwelling Unit. Staff recommends this application be denied until such time as sufficient access may be demonstrated. 2 January 16, 2012 Daniel Adams 10757 S 1120 E Sandy, UT 84094 Sparky1869@yahoo.com BUILDING & PLANNING DEPARTMENT DIRECTOR DETERMINATION Accessory Dwelling Unit, 3903 CR 241 Garfield County File Number GAPA7040 Dear Mr. Adams, This letter, and the attached staff report, is provided as notification that your request for a Land Use Change Permit for an Accessory Dwelling Unit at 3903 CR 241 has been reviewed and the Director hereby issues a determination denying the requested permit due to non-compliance with standards contained in Section 7-307, Road Standards, of the Unified Land Use Resolution of 2008, as amended (ULUR). The required minimum road standards are based upon traffic generation and it appears that the existing easement serves the Adams single family residence, the proposed ADU, the Simpson residence and the Golden Eagle Ranch LLLP residence, creating a total of greater than 38 vehicle trip per day. This traffic generation requires a 40' right-of-way and construction of two 8' lanes. The 15' access easement currently in place is insufficient to provide adequate access to the site if additional traffic is added from the ADU. This code requirement has not been met and therefore reason for the Director Determination of denial. Pursuant to Section 4-104 of the ULUR a call-up to the Board of County Commissioners for a public hearing may be requested the applicant or adjacent property owner. Should a call-up be requested, and if the Board would consider such an action, the Board would hold a public hearing during which the Board would uphold the Director Decision, modify the decision or reverse the decision based upon compliance with the proposed land use change with the applicable standards. Notice of this decision will be provided to the Board of County Commissioners who also has the ability to request a public hearing on the application. You will be notified of the Board decision once it is received or upon expiration of the 10 day notice period. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, Fred A. Jarman, AIC.I Director of Building and Planning Attachment Cc: BOCC File Dave Doolen via email State of Colorado Water Resources - View Well Details: Receipt 0078432 Page 1 of 1 Colorada gc, 1 „7,ntart lis !1/1 1.)i] - J ;11.r Colorado's Well Permit Search Permit Expired Receipt: Permit #: Well Name / #: Designated Basin: Case Number: WDID: 0078432 89497- - Division: 5 Water District: 39 County: GARFIELD Management District: Help Last Refresh:12/1/201113:00:17 AM [-] Applicant/OwnersHistory Date Range Unknown -Present Applicant/Owner Name CHANDLER GEORGE M & EWt]ORIE Address Po eax 233 City/State/Zip EAGLE, CO 81631 [-] Location Information Approved Well Location: Q40 Q160 Section Township SW NE 6 5.05 Northing (UTM y): Location Accuracy: Physical Address City/State/Zip Parcel ID: 23-2123.061.00.145 Range PM Footage from Section Lines 90.OW Sixth 2500 N 1600 E 4391338.0 Easting (UTM x): 282774.4 Spotted from section lines Subdivision Name Filing Block Lot Acres In Tract: 35 [- Permit Details Date Issued: 04/12/1977 Use(s): DOMESTIC Special Use: ISSUED UNDER PRESUMPTION 3b -IIA Area which may be irrigated: 1 ACRES Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter No Cross Reference Permit Number Receipt Permit(s): 248806 - Date Expires: 04/12/1979 AquiferALL UNNAMED AQUIFERS (S): 9501431 Geophysical Log Abandonment Report No Description Comments:Expired permit! X -refer permit no. 248806 (receipt no. 9501431). No [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate [-3 Application/Permit History Permit Expired Permit Issued Application Received 03/19/2003 O 9/12/1977 03/07/1977 [-) Imaged Documents Document Name Date Imaged Annotated el -000_ in Owner Name/Address 11/73/2011 No Original Fife 12/05/2007 No Copyright tO 2009 Colorado Division of Water Resources. All rights reserved. H aru' , [intact us Help Water Leaks I Cdorado.gov , DiiR Pnvacy Policy , Transparency Ooline Peoiect ITUP. http://www.dwr.state.co.us/We1lPermitSearchiView.aspx?receipt=0078432 12/5/2011