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HomeMy WebLinkAbout5.0 BOCC Staff Report 04.02.2012Board of County Commissioners, April 2, 2012 Public Hearing Exhibits — Adams ADU Call -Up & 3 ,� - - � v A 4 ✓ ^y / 9 � "A"'`� r a r ry.^,,.'b .,-- ,%�"" ,., ya u'. N .r.; � �.' ,,-✓ ,/ .''"'� te„. ..-a..-.�'✓ � ".'�'"""A . '.rr'" ,.�w".,...�_ ,.^.L. �„ �'� r ^7^a �' "c --mow .��✓a w,.. Public notice documents including Publication and Mail Receipts B Garfield County Unified Land Use Resolution of 2008, as amended IMM Garfield County Comprehensive Plan 2030, as amended D Application IIMII Staff Report © Staff Presentation G Director Determination and Staff Report H Email dated January 16, 2012 from Daniel Adams - response to fire comments I Letter dated January 23, 2012 from Daniel Adams — requesting call-up J Letter received March 26, 2012 from Marjorie Sample Chandler K IIIIMIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MEI N Request for Call-up — Adams ADU MCC 4/2/12 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST Call-up for consideration of whether to uphold, modify or reverse the Director decision of the Administrative Review PROPERTY OWNER Daniel Adams REPRESENTATIVE Sara Dunn — Balcomb & Green, P.C.; Dave Doolen — Doolen Construction LOCATION East Elk Creek, 4 miles northwest of New Castle PROPERTY INFORMATION: 35.2 -acres ACCESS County Road 241— East Elk Creek Road EXISTING ZONING Rural DIRECTOR DECISION Denial I. GENERAL INFORMATION Daniel Adams owns a 35.2 -acre parcel that contains a single family home and agricultural uses. An application was submitted requesting an administrative review for a Land Use Change Permit to allow for construction of an accessory dwelling unit (ADU) on the site. A Director Determination of denial was issued due to non-compliance with the minimum road standards contained in Article VII of the Unified Land Use Resolution of 2008, as amended (ULUR). 1 At a public meeting held on February 6, 2012 the Board of County Commissioners scheduled a public hearing to reconsider the Director decision regarding the requested ADU, as required by Section 4-104 A. 8. and Section 4-104 B. In response to the Director determination and scheduling the public hearing the Applicant has requested that the Board of County Commissioners waive the applicable minimum road standards due to the existence of an existing access easement to serve this ADU. II. PROJECT DESCRIPTION A single family residence and agricultural uses currently exist on this ±35 -acre parcel located adjacent to East Elk Creek. An administrative application was submitted for an ADU and sufficient information was provided regarding compliance with standards such as minimum lots size, maximum floor area for the ADU, and compliance with provision of water and sanitation. Access easement information was also provided as the Adams parcel does not front on a county road but must travel through adjacent private property to reach CR 241. History Mr. Adams provided documentation regarding the access easement to CR 241 which was created and described in deeds which included a boundary survey dated 1996 (right). This survey describes the Sample parcels as Tract A, a 108.706 -acre parcel; Tract B, a 44.416 -acre parcel; and Tract C a 116.145 - acre parcel. Tracts B and C continue to exist in similar configurations, a 38.4 - acre site and a 116.1 -acre site, respectively. However Tract A was subdivided (without County Request for Call-up — Adams ADU BOCC 4/2/12 KE f 4 Air- :OA. ,• .'r 4. �cc, moi.=,u e, • i .17 LFDI. 0120. was. �'r. 4.11:17 molar 41, MS = review) into three greater than 35 -acre parcels (see map below), all of which rely on the access easement currently in place for access to the County Road. The access easement currently serves five parcels, is a non-exclusive easement, and is limited to a width of fifteen (15'). 2 Request for Call-up — Adams ADU BOCC 4/2/12 KE Additional details regarding the property and the proposed ADU are contained in a staff report that was completed for the Director Determination (Exhibit G). Tract A 108 -acre Sample Parcel Sylvia Moore 38.4 -acres Soaring Gray Eagle Ranch LLLP 35.1 -acres Adams Parcel 35.2 -acres Lazy Dog Properties, LLC u6.1 -acres (Simpson) Golden Eagle Ranch LLLP'-. 4+4 -acres (Chandler) f_ Review Process A request for an Accessory Dwelling Unit in the Rural Zone District is an Administrative Review pursuant to Section 4-104 of the Garfield County Land Use Resolution of 2008, as amended (ULUR). This process grants the decision-making authority to the Director of Building and Planning. This process also allows for call-up of that decision for review by the Board of County Commissioners through numerous methods, two of which are applicable to this application — first, the Director is required to call-up an application that has had relevant issues identified by an adjacent property owner; second, the Applicant has the ability to request a call-up regarding a decision issued by the Director. The intent of a call-up is for the Board to determine whether to uphold the Director decision, modify the decision or reverse the decision based upon compliance of the proposed land use change with applicable standards. III. ISSUES The denial of the request for an ADU was based upon non-compliance with Article VII, specifically Section 7-307, minimum road width. The 15' access easement currently serves three dwelling units located within the five lots (as shown above) — the three dwelling units generate a total of 28.71 trips per day (based upon ITE standards) which requires a minimum of 40' of right-of-way. The 15' access 3 Request for Call-up — Adams ADU BOCC 4/2/12 KE easement is currently non-compliant with the minimum road stands and the addition of an ADU would increase the number of daily trips, thus increasing the non-compliance with the minimum road standard. The ULUR does not define "driveway" or "shared driveway" therefore the road standards are the only criteria that can be applied to this determination of adequacy of access. Mr. Adams requests that the Board waive the requirement for minimum right-of-way standards as the expansion of the width of the easement may not be possible and the existing easement was created to serve multiple parcels and units. Burning Mountains Fire District has provided comments on the proposal including provision of an engineer load rating for the bridge that crosses East Elk Creek and adequate signage at intersections of the easement and at CR 241. The District also recommended consideration of relocating the easement so that access would go around, instead of through, an existing structure located on the adjacent property, as well as consideration of a Residential Fire Sprinkler System in the existing and proposed un its. An adjacent property owner has submitted a letter of concern regarding the easement - that the driveway is "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." Robert M. Noone, The Noone Law Firm representing Lazy Dog Properties, LLC. IV. SUGGESTED FINDINGS Should the Board determine to uphold the denial issued by the Director of Building and Planning, staff would suggest incorporation of the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for an Accessory Dwelling Unit on the Daniel Adams property is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application may be in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has not adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 4 Request for Call-up — Adams ADU BOCC 4/2/12 KE V. BOARD DECISION Section 4404 B.2.c. states that the Board may determine to uphold, modify or reverse the Director decision to deny the application for an ADU. The provided findings are tailored to the Board upholding the Director decision. If the Board grants a waiver from the minimum road standards the application would be in compliance with the minimum standards required by the ULUR. This would allow the findings to be met and the Board could reverse the Director decision and issue a Land Use Change Permit for an Accessory Dwelling Unit on the site. Should the Board reverse the Director decision staff recommends consideration of the following conditions of approval: 1. All representations of the applicant within the application shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. The ADU shall not exceed 1,500 square feet of finished floor area. 3. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 4. The Applicant shall meet all requirements of the Garfield County Unified Land Use Resolution of 2008, as amended except those specifically waived by the Board of County Commissioners. 5. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 6. Prior to issuance of a Land Use Change Permit the Applicant shall provide an engineered load rating for the existing bridge over East Elk Creek and post weight limits on the bridge. 7. Prior to issuance of a Land Use Change Permit the Applicant shall provide address signage at the Y intersection located at approximate % mile down the driveway from the main road/driveway intersection. 5 Wed, Feb 08, 2012 7549741 Acct: 1008693 Phone: (970)945-8212 E -Mail: Client: Caller: Kathy Eastley Receipt 17:15:11 Ad Ticket #5 Name: Garfield County Building Address: 108 8th Street - Ste 401 EXHIBIT Aa City: Glenwood Springs State: CO Zip: 81601 Ad Name: 7549741A Editions: 8CT/8PIN/ Start: 02/16/12 Color: Copyline: rot Adams BOCC 4.2.12 Lines: 67 Depth: 5.52 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 33.90 Payment 0.00 Original Id: 0 Class: 0990 Stop: 02/16/12 Issue 1 Rep: PI Legals 7A NE NOME 10041111E0 ..P.7em0 has r.ar�a. an no: no ene0o a: caunly Gommisnbnorr. tea0104HP ml , lcke of 61;'RA1a,racnnsdara O Ha",tat or BnhIrbnO Imd Planning Elk lcla:r kr G Lord 1Jse Change Pa1.nl1 to allow nn accesArr 0.4,4N.4.0 02.402,05h[Uitl nl Woo c44,.212 Cl 1e�tlqu9 0440.5ato el Ca. adx 10,a: 0.2410aa00tfa0. 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Nen A pblit hewing an n Ine eppllcallon hosbm scheauled for Monday. bplll 1 2012 01 1:111 Pl1..0 Pte Gamily Camm:aanma Maoln] ilr0n_ coolly A7minh.Vu:lan &Ilan]. tae 2111 ]tach COrh':•ttr] spm01:, Cor.), Pi-ra P' a2malu Pntat,d,n Ole Clrizcn 7e1pr4r1'IFelmnry 16 301?, r7E007.11 Ad shown is not actual print size 5:13 PM ____-- ' Ad ID L7549741 Date [02/0812012 Time PUBLIC NOTICE TAKE NOTICE that Daniel M. Adams has request- ed that the Board of County Commissioners, Garfield County, State of Colorado, reconsider a Director of Building and Planning decision 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: A parcel of land situated in Section 6, Township 5 South, Range 90 West of the 6th PM. Being more particularly described as follows: Beginning at a point whence the north 74 corner of said Section 6 (northwest corner of lot 2 of said Section 6) bears N36°34`50"E 2272.30 feet; thence N88°33'23"E 1073.13 feet: thence N74°28'20"E 220.00 feet: thence S64°21'01 "E 805.22 feet; thence S76°37`09"E 383.50 feet to a point in the centerline of east Elk Creek; thence along said centerline creek the following courses S16°31'58"W 173.83 feet: thence S28°53'36'W 132.19 feet: thence S28°50'49"E 222.83 feet; thence S31°06'52"W 28.90 feet: thence S29°45'22"W 140.72 feet: thence S47°40`22"W 167.95 feet; thence departing said centerline creek N68°48'55°W 276.73 feet; thence N53°54'34"W 1055.28 feet; thence S65°00'06"W 1181.41 feet to the southwest corner of the SE1/4NW1/4 of said Section 6; thence N00°49'52:E 866.65 feet to the Point of Beginning: said property contains 35.206t acres as described. Practical Description: 3903 CR 241 (Elk Creek Road) The application requests that the Board of County Commissioners reconsider a Director Determination to deny a request for an accessory dwelling unit on the subject site. All persons affected by the proposed Land Use Change Permit are invited to appear and state their views, protest 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 com- ments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Build- ing, 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 has been scheduled for Monday, April 2, 2012 at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street. Glenwood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram on February 16, 2012. [7549741j Ad shown is not actual print size PriWINWRIftrIE:Mg-gni- - LAIII a arCDCD ru 1=i • ni .n u asipumpayl J OP1:111:11010MIrd ririN WPFAYLP.Leltlf•Iffel SENDER: COMPLETE THIS SECTION Completeriterns 1, 2, and 3. Also complete item -4 if -Restricted Delivery is desired. • Print your name and address on the reverse so that we can retum-thecard to you. • Attach this card:I040.'bick of the mailplece,. or on the front if .SP?„60. permits. Article Addressedfo: LAzi aro- 172-rrE,5 2S JNtr 42C0C— t 61290 I 2. Article Number gransferservice labthif : 7008 2810 0000 2038 2470 s Form 3811, February 2001 Domestic Return Receipt — d'd 102595.02-M-1540 1 A. X B. Received by ( Printed Name) itill r.41-AAdgderentssee C. Date of Delivery D. is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: .1gf No 3. Service Type Certified Mall El Registered 0 Insured Mall 0 Express Mall 0 Return Receipt for Merchandise El C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes f SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ij Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. U Print your name and address on the reverse d so that we can return the card to you. 111 Attach this card to the back of the mailpiece, or on the front if space permits. t Article Addressed to: touvl 2Ce-LogA.D0 kw -47' - Pwrieria C.A5 c' 2, Article Nomper (Transfer ironrservIce'(abe0 ol. S Form 3811, February 2004 A. Signature 0 Agent El Addressee C. Date of Delivery B. Regived b Priatc r Alpe) D. Is delivery address different from hem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type I. Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise El insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7008 2810 0000 2038 2463 3 Domestic Return Receipt •tpRqp.57-02.0-1540 rn —n RJ 0000 2038 - U S Postal Servicetm. CERTIFIED MAILTM RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usps.corno . SIL -PW 1 Postage Certified Fee. Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees r Postmark ide 2 cm, 042/68),24i.:c Sent To Street, Apt. No.; or PO Box No. 1, _CCoRPD3 VZ. o RANTER. City, State, ZIP+4 C,C IPS Form 3800 August 2006 14-roacr- "See.Reverse•fdr Instructions. U.S. Postal ServiceTm CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) -For delivery information visit our'website at vvww.usps.como ri 3. EttAANLE IA In w.=2 - E .3 LFJ ru cI3 ru c71 lzJ co ru 1:1:1 R1 m c1:1 nJ r -q nJ CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our web.site at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.45 $2.95 $2.35 $0.00 $5.75 i S ZI 4 PS Form.3800, August 2006 See Reverse for Instructions CERTIFIED MAILTM RECEIPT (Domes -tic Mail Only; No Insurance Coverage Providet:I)• For delivery information visit our, website at mnivw.usps.corrie Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.45 'ttF43tS n Postmark \. FEB a 2612 010:02 $2.95 /16 -te $2.35 00 $0.00 ,L.) $5.75 NOTI TAK NOTICE � ADA �'r`'\�� • ha applied to theO ° (trr 'RD Garfield, County pursuant to 5t.e-Tio (04 to allow: ,tom 4.c cc- - v• on this property. A public e4=6.2 N.) on this a will be held in the Glenwood Springs, Colorado V\ OiN\ L. az,1 Atp-,___ f 20 l 1.00 PM4 on Idaul at (trm.i Date Notice Was Posted: By: For additional information contact Ms t)(..4 atcnes)ctAse2rior Suite t h: EXHIBIT Director Determination — Exhibits Adams ADU — January 16, 2012 Exhibit Letter:.. (A to Z) 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 I Director Determination J K _ L M N From: Wyatt Keesher, To: Kathv A. Eastley Subject: 3903 CR 241 Adams Property Date: Wednesday, December 28, 2011 10:25:43 AM Kathy, EXHIBIT 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, I 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 Dis hurnmgmnistpd(itm Kathy Eastley Garfield County Building and Planning 108 8u' 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 of a 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 CR241) 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. 1 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 'A 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 President, Karen Maddalone-Cochran Secretary, Kevin Erpestad Director, John Moore Jr. Fire Chief, Brit C. McLin Station #1 Administration PO Box 2 611 Main Street Sill, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, Co 81647 (970) 984-3412 Station #3 5255 CR 335 New Castle, CO 81647 (970) 984-3323 Stalton 1,14. 775 Castle Valley New Castle, CO 81647 (970) 984-3157 Treasurer, Jim Voorheis Director, Megan Richards . i 1111E1) IFFIE NOONIE LAW FIRM JAN + 3 ?to A PROFESSIONAL CORPORATION 1001 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 8th Street Glenwood Springs, CO 81601 Via Hand Delivery GARHELU COUNTY pI IIC ivy! ' rt EXHIBIT 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"). I 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, SE1NW1/4, S!/2NE'/a and N1 SE1/4 of said Section 6 ...." Kathy Eastley my 13, 2012 2 of 3 The "property not owned by Grantees," which includes the Northern Parcels, had until 1996 been 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 Easement 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 108.706 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 241, 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. 811871. 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 Janney)) 13, 2012 Page 3 of 3 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 fire/emergency 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 rnnn@noonelaw.coni RMN cc: Lazy Dog Properties, LLC/Mr. Pat Simpson Enclosures Soaring Gray • r4 Eagle Ranch, LLC 212306100147, l SENW 21z� IOoi<32 i Golden Eagle • Ranch 1:212306100147 Image Date - 9/22/2011 feet 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, SEI/4NW I/4, Sll2NEI/4, andNl/2SEI/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 4000 A ADAMS ADU GENERAL ADMINISTRATIVE PERMIT REVIEW DIRECTOR DETERMINATION JANUARY 16, 2012 b a 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 - §7-1104, 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 EXHIBIT 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 4104 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, Al Director of Building arid Planning Attachment Cc: BOCC File Dave Doolen via email From: Daniel Adams To: Kathy A. Eastlev: dave.doolenOvahpo.com Cc: Daniel Adams; Ondv Adarn Subject: Re: Adams ADU Date: Monday, January 16, 2012 7:52:16 AM EXHIBIT Kathy, Below are our comments to the fire marshals comments pertaining to our ADU and building permit request. 1. I Review of site plan for new building before building permit is issued. We defer to the county's judgment if additional review of the site plan is required. 2. An engineered load rating for existing bridge on access road to proposed units and post weight limits on bridge. The bridge was constructed as part of our neighbor's home building in approximately 2005. This bridge is maintained to support the regular traffic of both residential and farm equipment traffic. Historical traffic includes large loads such as concrete trucks and propane delivery. Do to the shared nature of the bridge and legal implications we do not desire to post the weight limits on the bridge. 3. Address signage at the Y intersection that is located at approximate % mile down the driveway from the main road/driveway intersection. Additional signage is planned and will be placed as part of the building process. 4. Re-route access road around instead of through existing structure at 3901 County Road 241. The route through the existing structure has clearance that exceeds over I5' and width in excess of the easement commitments. Permanent alternate routes are not part of the agreed easement nor are practical to access the property. Other routes exist for only temporary access, in the event that the easement access is not passable. 5. Due to existing access road (driveway) width, above listed recommendations, consider a Residential Fire Sprinkler system in both existing residence and future residence. The roadway width is maintained throughout the entire access at the full easement limits and is routinely used for farm equipment, deliveries and residential traffic. Historical travel includes large delivery trucks comparable in size to rural fire equipment. A residential fire system is cost prohibitive. Where practical we have been continually reducing the fire potential and increasing detection on the existing structure (ADU). Today the building upgrades have included a metal roof, mechanical and electrical detection systems. As part of our personal fire safety the new building will include at a minimum an appropriate handheld fire extinguisher in the kitchen and garage areas. Please contact us if there are any questions about are responses, Daniel Adams From: Kathy A. Eastley <keastley@garfield-county.com> To: Daniel Adams <sparky1869@yahoo.com>; dave.doolen@yahoo.com Sent: Wednesday, January 11, 2012 8:53 AM Subject: Adams ADU Attached are comments from the fire district. Please consider these recommendations and let me know how you want to address the identified issues. Thank you. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 jceastiey@ garf iel d-county_cotn I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby January 23, 2012 Dear Garfield County Commissioners, EXHIBIT We respectfully request that you "call up" our recent land use change application, number GAPA 7062 for an accessory dwelling unit at 3903 CR 241. To align with the counties 2030 plan and provide the best access to our property a waiver from the minimum standard is requested pertaining to Garfield Country Unified Land Use Resolution section 7- 307 A 2. Due to the history of the properties and surrounding areas we would appreciate the opportunity to present an alternate solution to the Building & Planning Director's recommendations. This solution reduces risks of increased traffic while not introducing additional safety concerns. Specifically we propose to introduce some administrative controls to enable increased traffic to utilize the existing right of way. These controls will manage the traffic flow on the critical sections of the access. Our review of other alternate solutions to establish the requested 40 foot fight of way introduce several other issues including blind access to / from county road, grades in excess of 10% or are not practical. Thank you, Daniel Adams OIdO[:( ZIOZ/SZ/E RE: Application of Daniel and Cindy Adams for permission to allow an accessory dwelling unit at 3903 County Road, Ne Castle, Colorado. My property is directly across the creek from and shares access with the the proposed site of the Adam's application. see no problem with his request for a building permit. Z.10 Z This is property that was homesteaded by my father (Daniel's great-grandfather) and another family (the Hammers). The right of way is over 100 years in existence and is the road we use to access my property. The right of way was legally documented when Pat Simpson purchased his property. Pat Simpson built a very elaborate house using this same right of way . The same conditions were present for this house as they would be for the Adams house. Daniel's house will be nowhere near the size of Simpson's house. The building of Simpson's house posed no access problems for any of us. That house was permitted and built under the exact same conditions that exist today. I see no reason why one person should be allowed to build and the other person denied. Daniel wants to build this house which will be next to his 80+ year old grandmother in order to take care of the family property and also to be able to care for her needs. I see no reason why the Adams request should be turned down. # urge you to please approve this request. Marjorie (Sample) Chandler "'si,Op;x0MX23UOD/CgddID/DAS/Sp,M3/LUO0'aUl[QOjUR000e•MMM//:Sdati UOREUJI Uo3 )UaWJ Id a tw - sp nD ppaiD Oak. r19w FeIds Legend Well Location • Proposed ADU (1104sq.ft.) ^'w StreamsDitches Elevation >c x Fence Line 11110- Planned Drainage Patterns Proposed Culvert Measurement GProposed Driveway (0.15 acres) QEasement Access Easement I Road I Proposed Garage Apartment (1176 sq.ft) Proposed Disturbance Boundary (0.33 acres) Existing Yard Adams' Parcel (35.206 acres) W E 0 35 70 140 Feet 1 inch = 100 feet el( Legal Description: Section 6, Township 5 South, Range 90 West of the 6th P.M. Main irrigation ditch is along the west side of the project boundary. Electrical lines will follow the proposed driveway and along the Access Easement Vegetation Cover is irrigated fields Zone District: Rural SITE MAP Applicant: Danial and Cindy Adams Project: Adams ADU Parcel: 2123-061-00-192 10757 S 1120 E Sandy, UT 84094 Daniel: 801-201-4628 Construction Contractor: Dave Doolen Map created by: Cindy Adams Map created on: November 13, 2011 -. D5L GIRDER TRUSS C,IRDLRTRUSS I - c • 9udj2" 6EnVN OV€RfRAMEPALSE ROOF PLAN 1 01/1..2f12AME FALSE 001211L...6. 5CALL V4' = r -o A2-0- �� 5-U 3'-0` 2' 6" 2'-6° 5-0• s 0 o 0o 4' 81FOLD f 2020 SL 4050 51NGLE 11UNG 0 e 5-9" 5.-9- 6'-0" 5040 5LIOL.iZ EEDIZM 2 5040 SLIDER I_".Au NDIZY v ;; rL— .__I LIVING ROOM 7036 €JALf ROUND 4604 2-3650.5111 UuNGMULLED 4050.51NGLLHUNG 4'-4. N '0 iV 4 N g'-9' 12'-5' 12'-3" MIrZST FLOOR PLAN 1176 .30. rr. SCALE I/4' = r-0' i PRC.-E.NG#NLFRLD V2 SCISSOR T12U55E5 @ 24'0.C. 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