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HomeMy WebLinkAbout2.0 Staff ReportPROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Big Juniper GAPA-7986 9/12/14 Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Big Juniper LLC LOCATION LEGAL DESCRIPTION ACRES The property is located approximately 51/2 miles northeast of the Town of Carbondale, off of County Road 103. The property is located at 3765 County Road 103. Located in the NWV4 Section 18, T7S, R87W on a property known by Assessor's Parcel No. 2391-182-00-252. Also known as Lot 2 of the Lansburgh Subdivision Exemption Plat Approximately 7.3 acres ZONING Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on the 7.3 acre site. The Accessory Dwelling Unit is proposed to be 3,000 sq.ft. or less in size with 2 to 3 bedrooms. The Application indicates that it will be configured as a garage below with the ADU above. It will be served by a shared well and an expanded onsite waste water system. It is to be accessed by a shared existing driveway. A single family residence is currently located on the site. The Applicant has requested a waiver from the Roadway Standards and is proposing to provide detailed grading and drainage information at the time of building permit submittals. A technical report on the expansion of the on site waste water system has been provided along with a pump test and water quality test results for the domestic well. The site has existing utilities (electricity) in place that will serve the ADU. Vicinity Map II. DESCRIPTION OF THE SITE The site has existing improvements to serve the residential use. It slopes moderately north from the County Road and more steeply beyond the existing home and proposed ADU footprint. Vegetation on the lower portion of the site is primarily meadows and grasses with pinion and juniper shrub vegetation at rear of the site. Portions of the site are fenced and an irrigation ditch crosses the lower section of the property. No additional water bodies or streams are located on the site. III. APPLICABLE REGULATIONS The Use Table 3-403 of the Land Use and Development Code designates Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. Section 4-103 sets forth the Administrative Review Procedures. The Applicant has requested a waiver from Roadway Standards contained in Table 7-107. The waiver is addressed under the Staff Analysis section of this report and is considered in accordance with the Review Criteria contained in Section 4-118. 2 VIEW OF THE APPLICANT'S SITE IV. PUBLIC AND REFERRAL COMMENTS A. The Applicant will need to provide documentation that all required notice mailings have been completed in accordance with the Land Use and Development prior to the Director's Decision. Public comments from an adjoining property owner, Susan Proctor have been received and are attached. B. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Discussed applicability and waivers from grading and drainage, soils hazards and erosion control. The Applicant has proposed to address these concerns at the time of building permit. C. Colorado Division of Water Resources: Ivan Franco, E.I.T. • Summarized specifics of the Applicant's Well Permit and related augmentation approvals. He indicated that "so long as the applicant continues to adhere to the conditions of approval of Well Permit No. 74753-F, this office has no objection to the proposed application." D. Carbondale & Rural Fire Protection District: Bill Gavette, Deputy Chief. • Indicated they had no issues with the proposal. 3 E. Garfield County Road and Bridge: Mike Prehm. • Noted that the current driveway meets driveway standards and that the sight distance is very good in both directions. • Indicated that a driveway permit would not be necessary for the additional dwelling unit. F Garfield County Environmental Health: Morgan Hill. • Discussed the water quality testing results and recommended that a treatment system be proposed. • Supported the Applicant's Engineer recommendation for an inspection of the on site waste water system by a certified inspector and related soils assessment for the additional leach field installations. G. Garfield County Vegetation Manager, Steve Anthony: • Requested a noxious weed inventory map for the site. • Indicated that a weed management plan should be provided. H. Other referral agencies that did not submit comments included: BLM, Holy Cross Energy, CDPHE (Water Quality), Colorado Parks and Wildlife. V. STAFF ANALYSIS Article 7 of the Land Use and Development Code sets forth General Standards in Division 1, Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Specific standards for ADU uses are also found in Section 7-701. Review of the applicable standards and waiver request are found in the following section. Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The Application represents that the proposed use will comply with Zone District Regulations for the Rural Zone District including setbacks and lot coverage provisions. The proposed building height is also consistent with code requirements. The lot size appears adequate to accommodate any adjustments that may be needed to maintain compliance. 2. Section 7-102: Compliance with Comprehensive Plan and IGAs The site is located in the Residential Medium (RM) designation on the Comprehensive Plan Future Land Use Map. The proposed density of two units on 7.3 acres exceeds the recommended density. The application makes a case that adjacent vacant property also owned by the Applicant, 53 acres in size if considered in conjunction with the current 4 submittal would bring the overall density down to 1 unit per 20 acres. Comprehensive Plan Section 2, Housing — Goal #1 reads: 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. This goals support the creation of Accessory Dwelling Units. 3. Section 7-103: Compatibility The proposal is consistent with surrounding land uses that are primarily agricultural and rural residential in character. \. meal al daubed ser ranee grant d�nvv�d�r with 2 additidtial parking spaces ® "1J .—. MECH. PADA 1: CULVERT Big Juniper ADU Site/Landscape Plan 3765 County Road 103 Patel ID* 2391-1$2-04252 May 12.2014 a 15 D eo 0 a 0 0 alTfC PBD PORTS 54- 155 Prepared by 7116 Land Studio. Inc. 365 Rlliu bend Way, GIBIIM0od Springs. cC 61601 47042T-3690 randoludbeecrxrcestnet Sunny einem ibex Fronded by Realty iMouThi Savanna, Carbondale, CO. WPM 1111300 DECK STONE PR710 +M 1 LOT 2 1 7.357 AC± i 4. Section 7-104: Source of Water The Applicant has documented the legal supply of water for the proposed use. Pump test results and water quality test results have also been provided. The pump test demonstrates a production of 8 gpm according to the report limited only by the capacity of the pump. The report states that the minimal draw down is an indication of "... a much greater production than 8 gpm". The Applicant needs to provide an assessment by a qualified professional that the production is adequate to serve the additional unit. The 5 water quality test results demonstrated that the water does not exceed the referenced standards with the exception that coliform bacteria was present in the 11/25/13 sampling. The water was retested on 8/28/14 and bacteria was absent in the new sample. The water did reflect hardness and iron bacteria but these are not EPA enforceable minimum containment levels. Based on the water quality results an assessment by a qualified professional indicating that the water is acceptable for domestic use and recommending a treatment option should be required. 5. Section 7-105: Adequate Central Water Distribution and Wastewater systems The Applicant proposes expansion of an existing on site waste water system to serve the additional demand from the ADU. A technical report is provided and outlines the general plans. The proposed expansion needs to comply with the recommendations of the technical report including inspection by a certified professional. Proper permitting through the County Building Department shall be required. 6. Section 7-106: Public Utilities All other utilities to serve the proposed ADU are existing and in place on the property and will be extended to the new unit. The proposed unit is in close proximity to the existing home. 7. Section 7-107: Access and Roadways The existing private driveway is in general conformance with the Primitive Roadway Standards with a width of 12' — 15', a grass shoulder, gravel surface, and a widened pull- out section. With the addition of the ADU the unit count and related traffic numbers from the ITE Standards would exceed the primitive roadway ADT. The Applicant has requested a waiver from the roadway standards to allow the existing roadway to remain in place to serve the ADU. Lane width, easement width, ditches and shoulders are the compliance issues. While the Application includes detailed information on the roadway an engineering opinion letter needs to be provided indicating that the roadway is adequate to serve the proposed use. No maintenance issues were noted for the roadway and the Applicant has provided a shared roadway agreement that the County Attorney's Office has reviewed and found to be acceptable. The Applicant also requested a waiver from the submittal requirement for a traffic study based on the minimal amount of new traffic generated. Referral comments from the County Road and Bridge Department and from the Carbondale Fire Protection District did not identify any concerns with the existing access road. Public comments from a neighboring property owner who shares the existing driveway supported the waiver request, indicated that the driveway functions adequately and requested that the driveway not be required to be widened. With an acceptable engineering opinion letter the waiver requests are supported by Staff. 6 8. Section 7-108: Land Subject to Natural Hazards No significant natural hazards are noted on the property. The building footprint for the proposed ADU does extend into a portion of the site with increasing slopes. Estimates of slopes within the footprint are less than 20%. A site specific soils evaluation should be required at the time of building permit and compliance with the recommendations of said report required including if determined necessary an engineered foundation and retaining walls/slope stabilization. 9. Section 7-109: Fire Protection The Application was referred to the Carbondale Fire Protection District. Their comments indicated no concerns. The access driveway as currently in place includes a pull out area to allow better emergency vehicle access. The Application also commits to compliance with defensible space guidelines in regard to wildfire issues. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The Application is compatible with agricultural lands and has minimal additional site disturbance. 11. Section 7-202 Wildlife Habitat Areas The proposed ADU will create a very minor area of additional disturbance and should have minimal impacts on wildlife and related habitats. 12. Section 7-203 Protection of Wetlands and Waterbodies The proposed ADU is to be located in an already disturbed area distant from any wetlands or water bodies. Setbacks for the on site waste water system from the existing irrigation ditch on the property shall be required. 13. Section 7-204 Drainage and Erosion, 7-205 Environmental Quality Minimal additional disturbance is anticipated by the Application. Erosion protection and drainage improvements can be addressed as typical for a residential development at the time of building permit submittal. Compliance with the engineering recommendations regarding the on site waste water system should be required. 14. Section 7-206 Areas Subject to Wildfire Hazards The Application notes a moderate or low wildfire hazard designation and compliance with State Forest Service guidelines for defensible space. 7 15. Section 7-207 Natural and Geologic Hazards No significant geologic hazards are noted in the Application submittals or on the Garfield County Geologic Hazards Mapping. No soils limitations on septic systems (on site waste water systems) were noted on the County Hazards Mapping. 951 61 COMBINED GEOLOGIC HAZARDS MAPPING (0151 r WASO,AA �c .^,!.'s,r70.a�y�'} 1wr, Applicant's Site iQ3 3_f 1339 132 25 'a 223 5-1 155 25 ▪ off _ - ,tf 624 Orange = Presence of Mapped Geologic Hazards (slopes, debris, soils etc.) 14 73Q24 6\02; 0154_37 342 3a2 Source: Garfield County GIS Mapping 16. Section 7-208 Reclamation The Applicant has committed on the landscaping/site plan to the stabilization and re - vegetation of disturbed slopes at the rear of the ADU structure. 8 SEPTIC SYSTEM CONTRAINTS MAPPING Applicant's Site • Red = Higher Limitation Yellow = Moderate Limitation Source: Garfield County GIS Mapping Article 7, Division 3, Site Planning and Development Standards 17. Section 7-301: Compatible Design The proposal reflects consistency with the character of existing uses and improvements. 18. Section 7-302: Off -Street Parking The site plan shows the required two additional parking spaces for the unit. 19. Section 7-303: Landscaping Plan The Applicant has provided a detailed landscaping plan for the site. 9 20. Section 7-304: Lighting The Application commits to installation of code compliant lights. 21. Section 7-305: Snow Storage: The Application and site plan demonstrate adequate accommodations for snow storage. 22. Section 7-306: Trails and Walkways Given the rural area of the site these standards are not applicable. 23. Section 7-701: Accessory Dwelling Unit Standards A. Maximum Floor Area: The Application is in compliance. B. Ownership Restriction: The Application is in compliance. C. Building Code: Compliance will be required. D. Minimum Lot Size: The Application is in compliance. E. Entrance: The Application indicates future building plans will comply. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Big Juniper LLC Administrative Review Application for an 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. 5. That with the adoption of conditions and granting of a waiver from Section 7-107 Roadway Standards, related to lane width, easement width, and driveway cross section including shoulders and ditches, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION A recommendation for approval subject to the following conditions is provided for consideration by the Director of the Community Development Department. 10 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The Applicant shall comply with Standards for ADU's contained in Section 7-701 of the Land Use and Development Code. Prior to Issuance of the Land Use Change Permit 3. Prior to issuance of the Land Use Change Permit for the ADU, the Applicant will provide an assessment by a qualified professional that the well production is adequate to serve the proposed ADU. 4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an assessment by a qualified professional of the water quality tests indicating the water is acceptable for consumption and including a recommended treatment plan to address the known water quality issues. The Applicant shall comply with the treatment recommendation. 5. Prior to issuance of the Land Use Change Permit, the Applicant will provide mapping of any noxious weeds found on the site and submittal of an appropriate weed management plan. 6. A waiver from the Roadway Standards contained in Table 7-107 allowing the existing driveway to serve the proposed use is approved subject to the Applicant providing, prior to the issue of the Land Use Change Permit, an engineer's opinion letter indicating that the existing driveway is adequate to serve the additional ADU and subject to compliance with the existing driveway use and maintenance agreement. Other Conditions 7. The Applicant shall complete an inspection of the existing on site waste water system by a qualified professional, shall apply for all required permitting from the County Building Department and shall comply with any conditions of approval. A site specific assessment of the soils shall be conducted as part of the permit review and recommendations from said assessment included in the system design. An engineered system design shall be required. 8. At the time of building permit review the Applicant shall provide a drainage and grading plan for the ADU. The plan shall be subject to review and approval by the Building Department. The plans shall demonstrate no drainage impacts on adjoining properties. 9. At the time of building permit review the Applicant shall provide a site specific soils test in the location of the proposed ADU. The Applicant shall comply with the recommendations of said report including foundation design, slope stability, retaining wall proposals and slope re -vegetation. An engineered foundation may be required based on the recommendations of the soils report. 11 10. The ADU shall be required to meet all Garfield County Building Code Requirements including but not limited to required separations between the ADU and a garage. 11. The Applicant shall maintain compliance with all conditions of approval for Well Permit No. 74753-F and any related augmentation provisions. 12 ADDITIONAL VIEWS OF THE SITE AND ACCESS DRIVEWAY 13 14 Susan D. Proctor 3755 County Road 103 Carbondale CO 81623 970-963-1611 September 4, 2014 Glenn Hartmann, Senior Planner Building and Planning Department Garfield County 108 8th Street Suite 401 Glenwood Springs CO 81601 Re: Admistrative Review for an ADU Parcel No. 2391-182-00-252 Big Juniper LLC Dear Sir: These comments are submitted because I am an adjoining landowner of the Big Juniper LLC property and the landowner sharing the common driveway. I wish to support the request for a waiver of the requirement that the existing shared driveway be upgraded from a Primitive Road/Driveway to a Semi Primitive Road as would be required by the Roadway Standards in the Garfield County Land Use Code. The existing driveway was constructed in 2002 under Permit #88. There is a clear line of sight from the county road across the pasture to the fork of the two individual driveways. There is a pull-out half- way across the pasture, provided as required by the fire department. The existing drive has been able to accommodate traffic from the two properties and I do not believe that the ADU would change that in actuality. In the rare event that there are two vehicles, we either pause at the top or bottom of the drive or use the pullout. The county road in front of our properties is only about 20' wide. Increasing the width of the drive to measure about three -fourth's of the road is inconsistent with the rural nature we have been attempting to preserve. In addition, increasing the width would be extremely disruptive. Utilities have been installed on either side of the existing drive. In my case, telephone utilities are located within about 2' of the gravel. In the case of the Applicant, both telephone and electric service have been installed along the eastern side of the drive and cross under the drive to the box located in the CR 103 right of way on the west side of the drive. There are three culverts under the shared drive which do not appear to be of sufficient length to accommodate the increased 16' width. The northern -most culvert for the Needham Ditch (see Site Plan) would require permission of the downstream shareholders before it could be expanded. In addition, a small lateral irrigation ditch and diversion gate, were installed on my side of the existing drive in order to irrigate pasture where the flow was interrupted by the installation of the drive. Finally, the Driveway Covenant governing the repair and maintenance of the shared drive would require me to pay half of the presumably greater expenses required for snow removal, re -surfacing and other maintenance of a wider drive, a most inequitable result. For all of the above reasons, I hope that you will grant the Applicant's request for the waiver of the requirement to meet the Roadway Standards and increase the width of the shared drive. Thank you for your consideration. Sincere Susan D. Proctor tfiMOUNTIAIN CROSS ENGINEERING, INC. — / Civil and Environmental Consulting and Design September 04, 2014 Mr. Glenn Hartman Garfield County Planning 108 81h Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Big Juniper, LLC, ADU: GAPA-7986 Dear Glenn: This office has performed a review of the documents provided for the Administrative Land Use Change Permit Application for the Accessory Dwelling Unit (ADU) for Big Juniper, LLC. The submittal was found to be thorough and well organized. The following comments were generated: 1. The Applicant proposes to provide grading and drainage plans at the time of Building Permit. The Applicant would either need to request a waiver or address grading and drainage. 2. The Applicant proposes to provide a site specific soils report at the time of Building Permit. The Applicant would either need to request a waiver or provide a soils report. The soils report from the original house construction may be sufficient. 3. The Applicant proposes to provide erosion control design at the time of Building Permit. The Applicant would either need to request a waiver or address erosion control. Feel free to call if you have any questions or comments. Sincerely, Mountai p Cross Engi eer Chris Hale, PE i g 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Franco - DNR, Ivan [ivan.franco@state.co.us] Sent: Tuesday, September 02, 2014 2:13 PM To: Glenn Hartmann Cc: Alan Martellaro - DNR; Jake DeWolfe - DNR Subject: Big Juniper LLC, Accessory Mr. Hartmann, This office has reviewed the proposal to construct an accessory dwelling at 3765 County Road 103 in Carbondale. A single family dwelling currently exists at the site and no changes to its use are proposed. The applicant does not propose to create a new lot or change the size of the existing lot. The applicant proposes to continue supplying water to both units with an existing non-exempt water well located on the property. The applicant does not propose any additional outside uses. Waste water from the site appears to be handled by an on -lot septic system. This office has record of one existing well with Permit No. 74753-F issued on January 18, 2011 for a well constructed November 16, 1973. Use of groundwater from this well is limited to ordinary household purposes inside one single family dwelling and an attached dwelling unit, the irrigation of 2,000 square feet of home gardens and lawns, and the watering of 6 head of livestock. This well operates in accordance with the Leonard Lansburgh Augmentation Plan approved by the Division 5 Water Court in case no. 01CW0237. The annual withdrawal of ground water from this well shall not exceed 1.02 acre-feet. So long as the applicant continue to adhere to the conditions of approval of well Permit No. 74753-F, this office has no objection to the proposed application. Any increase in use, beyond those uses described by Permit No. 74753-F, will require the issuance of a new permit. If you or the applicant have any questions please feel free to contact me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer 111 P 303.866.3581 / F 303.866.2223 1313 Sherman Street, Room 818, Denver, CO 80203 ivan.franco@state.co.us / www.water.state.co.us 1 Glenn Hartmann From: Bill Gavette [gavette@carbondalefire.org] Sent: Friday, September 05, 2014 2:42 PM To: Glenn Hartmann Subject: Big Juniper ADU Glenn, I have reviewed the application for the proposed Big Juniper ADU. I have no issues with the proposal. Thanks, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FIRE - EMS • RESCUE Glenn Hartmann From: Michael Prehm Sent: Thursday, August 21, 2014 9:10 AM To: Glenn Hartmann Subject: Big Juniper LLC, ADU Glenn, The address at 3765 County Road 103 has a driveway that meets current Driveway Standards, and because the driveway sight distance is very good in both directions, I don't have any concerns with the ADT's. We have had no issues in the past with snow removal or drainage at this site. A driveway permit would not be necessary from us for this additional dwelling unit. Any questions please let me know. Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 ✓� Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann Public Health September 10, 2014 Hello Glenn, My comments for the Accessory Dwelling Unit are as follows: 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 1. Drinking Water: After reviewing the water quality samples from National Testing Laboratories, LTD., and Snowmass Water and Sanitation, it appears that the two contaminants that were detected above the standard were iron bacteria and hardness. Public Health recommends that a treatment system be installed for water from the well that is purposed for consumptive uses. 2. OWTS: Public Health recommends a condition of approval that an inspection of the OWTS by a NAWT certified inspector be conducted to verify that all components of the OWTS are in working order, that the proposed additional soil treatment area (STA) is surveyed to see how much space is available, and that a test pit be excavated to determine the quality of the soils in the proposed additional STA. If these are not adequate to assimilate additional capacity, we recommend the installation of a separate OWTS for the additional home. a. Public Health also recommends that any upgrades to the OWTS adhere to the new regulations implemented in July of this year; however, we defer to the chief building official for a decision on this subject. Thank you, Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 ?1 f2. Garfield County Public Health Department — working to promote health and prevent disease August 28, 2014 Garfield County Glenn Hartmann Garfield County Community Development Department RE: Big Juniper ADU GAPA-7986 Dear Glenn, Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Vegetation Management Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Of particular concern on this site are Canada thistle, plumeless thistle, Oxeye Daisy and absinth wormwood. Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Staff is available to assist with the inventory. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 GARFIELD COUNTY NOXIOUS WEED LIST Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle . Purple loosestrife Russian olive Absinth wormwood Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Artemesia absinthium *note Colorado Listed noxious weed. this is a