HomeMy WebLinkAbout4.0 Staff Report Call-Up 01.12.15Board of County Commissioners -Public Hearing Exhibits
Exhibit Letter
(Numerical)
A
B
c
D
E
F
Juhl/Morton ADU -Call-Up Hearing
Administrative Review -Call-Up
Applicant is Dwight Juhl and Thomas Morton
January 12, 2015
(File GAPA-809 1)
Exhibit Description
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Letter from Dwight Juhl, Dated December 1, 2014
Directors Determinat ion for Applicat ion GAPA-8091 , Dated November
25 ,2014
Staff Report for Application GAPA-8091 , Dated November 25 , 2014
Staff Memo to schedule a Public Hearing to reconsider Directors
Decision for Application GAPA-8091
Public HearinQ Notice Information , Dated December 16 , 2014
Email from Ivan Franco of the Divi s io n of Water Resources , Dated
November 28, 2014
STAFF MEMO
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PROPERTY INFORMATION :
ACCESS
EXISTING ZONING
DIRECTOR DECISION
I. BACKGROUND-PROCESS
Call-Up Request Regarding the Director's Decision
Juhl/Morton Accessory Dwelling Unit (GAPA-8091)
Dwight Juhl and Tom Morton
Dwight Juhl
1761 County Road 117, Glenwood Springs
2 .394-acres
County Road 117
Residential Suburban (RS)
Approval with Conditions
On November 25, 2014, a Director's Decision Letter was issued by the Director of the
Community Development Department for Approval with Conditions of a General
Administrative Land Use Change Permit for the Juhl/Morton Accessory Dwelling Unit
(ADU) Application .
On December 1, 2014, the Community Development Department received a request
from Dwight Juhl , the property owner and applican t, to Call-Up the decision for review by
the Board of County Commissioners (Exhibit A).
The Board of County Commissioner's considered the question of whether to call up the
request at their December 151h meeting. In accordance with Section 4-112 of the Land
Use and Development Code (LUDC), the Board exercised its option to call up the
request for review as the Board of County Commissioners. The Board set the date for
the public hearing on January 12 , 2015 .
Public notice for the hearing is required consistent with the original notice outlined by the
Code for the Director's Decision. In this case the notice required is a mailing notice 15
days prior to the hearing. Public notice pursuant to the Code has been completed by the
Community Development Department (Exhibit E ) and has been reviewed by the County
Attorney's Office .
II. DIRECTOR'S DECISION -STAFF REPORT
Copies of the Director's Decision letter and Staff Report are attached and included as
exhibits for the public hearing (Exhibits B and C respectively). The Staff Report includes
referral comments from a number of review agencies, discussions of legal and physical
1
water, fire protection measures , impact issues and studies, access issues , vegetation
management and information on site characteristics .
The Director's Decision letter is for approval with condi t ions . Staff concluded that the
proposed ADU can be in conformance with the Comprehensive Plan of 2030 and the
Land Use and Development Code with the satisfaction of certain conditions. It is Staff's
understanding that the Applicant wishes for the Board to specifically reconsider
Conditions of Approval 1, 6, 7 and 9. Below is an explanation of each of these
conditions .
Condition 1:
Prior to issuance of the Land Use Change Permit, the Applicant shall
obtain a non-exempt well permit for the well identified as Permit No.
280605-A. A copy of this re-permit shall be provided to the Garfield
County Community Development Departmen t prior to issuance of the
Land Use Change Permit.
The well currently serves both of the dwelling units on the parcel. The Division of Water
Resources (DWR) review comments state :
The applicant will need to re-permit the existing well with a non-exempt
permit that operates pursuant to a court decreed plan for augmentation
for all intended uses .
This necessity to re-permit the well from an exempt well to a non-exempt well was also
noted by Chris Hale , the Garfield County Contract Engineer.
Follow ing subsequent conversations with the DWR, Staff received the follow ing (See
Exhibit F).
Any well existing or proposed located in a subdivision that results in the
creation of one or more parcels will be subject to the evaluation of
whether the well will cause material injury. In over-appropriated basins
and tributary sources, the wells will be presumed to cause injury. In such
a case, an assessment that the subdivisions proposed water supply will
not cause material injury, can only be allowed if the proposed well is part
of a court-approved augmentation plan and can be issued a well permit
under such a plan .
Section 7-104 of the LUDC states the following .
All applications for Land Use Change Permits shall have an adequate,
reliable , physical, long-term, and lega l supply to serve the use ... The
BOGG, pursuant to C.R.S . § 29-20-301 , et seq., shall not approve an
application for a Land Use Change Pe r mit, including divisions of land,
unless it determines in its sole discretion , after considering the application
and all of the information provided, that the Applicant has satisfactorily
demonstrated that the proposed water supply will be adequate.
2
To this end , it is Staff's opinion that the DWR does not consider the existing well permit
valid unless it is re-permitted from an exempt well to a non-exempt well. As a result , a
conclusion that legal water is available for the proposed use cannot be made by Staff
unless the well is re-pe rmitted .
This said , Section 7-107 allows the BOCC , in its sole discretion , to determine whether
the proposed water supply plan meets the water supp ly requirements . This decision , in
accordance with Section 7-104(8 ), shall be based on consideration of the following
information .
1. The documentation required by the Water Supply Plan per section 4-
203.M.;
2. A letter from the State engineer commenting on the documentation
provided in the Water Supply Plan per section 4-203 .M.;
3. Whether the Applicant has paid to a Wa ter Supply Entity a fee or
charge for the purpose of acquiring water for or expanding or
constructing the infrastructure to serve the proposed development;
and
4. Any other information deemed relevant by the BOGG to determine , in
its sole discretion , whether the water supply for the proposed
development is adequate, including without limitation , any
information required to be submitted by the Applicant pursuant to this
Code or State statutes .
Condition 6:
The Applicant shall maintain conformance with all requirements and
conditions with the well permit.
This standard condition of approval is used to tie the Land Use Change Permit approval
with the ongoing maintenance of a legal and valid well permit. This condition helps
ensure compliance with Section 7-104, which sta tes that "All applications for Land Use
Change Permits shall have an adequate , reliable , physical , long-term, and legal supply
to serve the use ".
Condition 7:
The Garfield County Community Wildfire Protection Plan (CWPP)
identifies the property as "Very High " wild/and fire susceptibility. As a
result, the Applicant shall maintain a defensible area around the
Accessory Dwelling Unit. In addition, the roof (at the time of
replacement) and any new construction associated with the Accessory
Dwelling Unit shall be made of a noncombustible material.
As is stated in the Condition of Approval, above , the subject property is located within an
area designated as "Very High" wildland fire susceptibility in the Garfield Coun ty CWPP
(map 7). Section 7-206(C) states the following.
3
The following standards apply to areas subject to wildfire hazards as
identified on the County Wildfire Susceptibility Index Map (map 7) as
indicated in the County's Community Wildfire Protection Plan ... Roof
materials shall be made of noncombustible materials or other materials as
recommended by the local fire agency.
This application was referred to the Glenwood Springs Fire Department (See Exhibit 7 in
the November 25 Staff Report). The Fire Department is concerned about a lack of
available water for firefighting in the area, possible access issues as well as the high
susceptibility of the area to wildland fires. While the cond ition for a noncombustible roof
comes from the LUDC, the request for defensible space around the building and the use
of noncombustible exterior materials comes from Fire Department recommendations.
Since the unit already exists, Staff recommends that the condition not come into effect
immediately, but if/when the unit is replaced.
Condition 9:
At the time the ADU is replaced (new construction), the new structure
shall be installed with an automatic fire protection system .
Similar to Condition 7, above, Condition 9 comes from recommendations from the
Glenwood Springs Fire Department and is based on concerns around a lack of available
water for firefighting, possible access issues and the area's high susceptibility to wild land
fires. As the unit is already in place, Staff recommends that this condition not go into
effect immediately, but if/when the unit is replaced.
Ill. PUBLIC COMMENTS
No public comment was rece ived as a result of the initial application or the call-up
hearing notification .
IV. BOARD OF COUNTY COMMISSION ACTION
Option A: Uphold the Director Decision for Approval with Conditions
The Board can direct staff to prepare a resolution upholding the Director's Decision for
approval with conditions as proposed , including the findings outl ined below .
Suggested Findings
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at the meeting.
4
3. That for the above stated and other reasons the proposed Land Use Change Permit
for the Juhl I Morton Accessory Dwelling Unit is in the best interest of the hea lth ,
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, the application has adequately met the
requirements of the Garfield County Land Use and Development Code , as amended .
Suggested Conditions of Approval
Conditions Prior to Land Use Change Permit
1. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain a
non-exempt well permit for the well identified as Permit No. 280605-A. A copy
of this re-permit shall be provided to the Garfield County Community
Development Department prior to issuance of the Land Use Change Permit.
Other Conditions of Approval
2 . All representation of the Applicant conta i ned in the application shall be
considered conditions of approval unless specifically modified by the Board of
County Commissioners.
3. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701 of the Land Use and Development Code of 2013,
as amended.
4 . The Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square
feet.
5. The ADU shall be subject to all Garfield County Building Code Requirements .
..., I The Applicant shall maintain conformance with all requirements and
conditions with the well permit.
-/ The Garfield County Community Wildfire Protection Plan (CWPP) identifies
the property as "Very High" wildland f ire susceptibility. As a result , the
Applicant shall maintain a defensible area around the Accessory Dwelling
Unit. In addition, the roof (at the time of replacement) and any new
construction associated with the Accessory Dwelling Unit shall be made of a
noncombustible material.
8 . At the time the ADU is replaced (new construction), the Applicant shall have
the access reviewed by the Glenwood Springs Fire Department. Any
improvements to the driveway to improve fire access shall be conducted at
that time.
5
I· At the time the ADU is replaced (new construction), the new structure shall be
installed with an automatic fire protection system.
10. The Applicant will conduct ongoing weed management on their property
(specifically Dalmatian toadflax and Common tansy) in accordance with
Garfield County's Noxious Weed regulations. The Applicant is encouraged to
utilize resources from the Garfield County Vegetation Managers Office to
mitigate weed impacts.
Option B: Amend the Director's Decision of Approval with Conditions
Should the Board wish to amend the Director's Decision the Board may formalize a
motion for approval with conditions of the Land Use Change Permit. Should the Board
wish to amend the Director's Decision , Staff recommends the findings outlined in Option
A and an amended list of conditions of approval.
6
David Pesnichak n
----------------------------------------------------------•)
From:
Sent:
To:
Subject:
Dwight Juhl <dwight@amsbasalt.com >
Monday, December 01 , 2014 1:11 PM
Dav id Pesn ichak
LUCP , BOCC Call Up
Hi Dav i d, Please initiate a Call up with the BOCC on request by the Applican t. Thank you, Dwight Juhl
Dwight Juhl
1
EXHIBIT
EXHIBIT
l 0
Garfield County
November 25 , 2014
Dwight and Terease Juhl
1761 County Road 117
Glenwood Springs, CO 81601
DIRECTOR DETERMINATION -Administrative Review Land Use Change
Permit -juhi i Morton-Accessory Dweiiing
Unit -Garfield County File Number GAPA -
8091
Dear Mr. Juhl :
This letter is being provided to you in regard to a General Administrative Rev i ew
Application for an Accessory Dwelling Unit on your property. T he proposed use is
at 1761 County Road 117, located south of th e Ci ty of Glen wood Sp rin g s and also
known by Assessor's Parcel No . 2185-272-32-002 .
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's representations and conditions of approval.
1. That proper public notice was provided as required for the Administrat ive
Review Land Use Change Permit.
2. That with the adoption of conditions , the application is in general
conformance with the 2030 Comprehens ive Plan , as amended .
3. That with the adoption of conditions the application has adequately met the
requirements of the Garfield County Land Use and Development Code , as
amended .
1
A Director's Decision is hereby issued approving the Application with the following
conditions.
Conditions Prior to Land Use Change Permit
1. Prior to issuance of the Land Use Change Pe rmit , the Applicant shall obtain
a non-exempt well permit for the well identified as Permit No . 280605-A. A
copy of this re-permit shall be provided to the Garfield County Community
Development Department prior to issuance of the Land Use Change Permit.
Other Conditions of Approval
2. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Board
of County Commissioners.
3. The Applicant shall comply with Additiona l Standards for Residential Uses
contained in Section 7-701 of the Land Use and Development Code of
2013, as amended .
4. The Floor Area for the Accessory Dwell ing Unit shall not exceed 1,500
square feet.
5. The ADU shall be subject to all Garfield County Building Code
Requirements.
6. The Applicant shall maintain conformance with all requirements and
conditions with the well permit.
7. The Garfield County Community Wildfire Protection Plan (CWPP) identifies
the property as "Very High " wildland fire susceptibility. As a result , the
Applicant shall maintain a defensible area around the Accessory Dwelling
Unit. In addition, the roof (at the time of replacement) and any new
construction associated with the Accessory Dwelling Unit shall be made of
a noncombustible material.
8. At the time the ADU is replaced (new co nstruction), the Applicant shall have
the access reviewed by the Glenwood Springs Fire Department. Any
improvements to the driveway to improve fire access shall be conducted at
that time.
9 . At the time the ADU is replaced (new construction), the new structure shall
be installed with an automatic fire protection system.
2
10 . The Applicant will conduct ongoing weed management on their property
(specifically Dalmatian toadflax and Common tansy) in accordance with
Garfield County's Noxious Weed regulations. The Applicant is encouraged
to utilize resources from the Garfield County Vegetation Managers Office to
mitigate weed impacts .
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for further review . According to the Land Use and Development Code ,
Section 4-112(A), "a call-up may be initiated by the BOCC , the Director, the
Applicant , or any affected Adjacent Property Owner." Should this time period pass
with no request for review or publ ic hearing , the decision shall be fina l.
Please contact this department if you have any questions.
Sincerely,
<f'--~
f"o..-rvJ J:,..,~
Fred A. Jarman , AICP
Director of Community Development Department
CC : Board of County Commissioners
file
3
Directors Determination -Staff Report Exhibits
Juhl I Morton ADU
Administrative Review
Applicant is Dwight Juhl and Tom Morton
November 25, 2014
(File GAPA-8091)
. -·i·U~.
EXHIBIT
1 Public Hearing Notice Information and Mail Receipts, Dated November
512014
2 Email from Mike Prehm of Garfield County Road and Bridge, Dated
October 29, 2014
3 Email from Ivan Franco of the Colorado Division of Water Resources ,
Dated November 18, 2014
4 Letter from Megan Sullivan of the Colorado Division of Water
Resources, Dated August 29, 2013
5 Letter from Chris Hale, PE of Mounta in Cross Engineering, Dated
November 20, 2014
6 Letter from Steve Anthony of Garfield County Vegetation Management,
Dated November 20, 2014
7 Letter from Ron Biggers of the Glenwood Springs Fire Department ,
Dated November 18, 2014
Juhl ADU
GAPA-8091
November 25, 20 14
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
I. DESCRIPTION OF THE PROPOSAL
Admin istrative Review -Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
Dw ight Juhl & To m Morton
The property is located south of the City
of Glenwood Springs on County Road
117 . The address is 1761 CR 117,
Carbondale , CO 81623.
Parc el 2 of the Morton /Juhl Mi nor
Subdiv ision on a property known by
Assessor's Parcel No. 2185-272-32-002 .
Approximately 2 .394 acres
Residential Suburban (RS)
The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 2.394
acre parcel located within the Residential Suburban (RS) zone district. The property is
over the 40,000 square foot minimum lot size for an ADU in the RS zone district. As the
property is under 4 acres , the ADU is limited to 1500 square feet. The property is located
within the Growth Area for the City of Glenwood Springs and as such, is subject to the
Glenwood Springs Comprehensive Plan . The Glenwood Springs Comprehensive Plan
identifies the property as Low Density Residential. Access to the site is an existing
driveway from County Road 117 . The site has adequate areas for off-street parking and
snow storage fo r the proposed ADU and other existing uses on the property.
II. DESCRIPTION OF THE SITE
The site is currently developed with two single fam ily residences , one to be designated
an ADU while the other is to remain the primary dwelling unit. The two dwelling units
currently exist on the property as legal non-conforming uses. The property appears to
have positive drainage and is a mix of graded areas and native vegetation with moderate
slopes . The homes are dominantly screened from public view by topography and
vegetation . Uses within 1500 feet include residences, an elementary school and a
church .
~-------------~
2
Aerial View of Subject Property
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Ill. WAIVER REQUESTS FROM STANDARDS
The Applicant has not requested any waivers from the Standards.
IV. AUTHORITY -APPLICABLE REGULATIONS
A . The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, designates an Accessory Dwelling Unit within the Residential
Suburban District as requiring Administrative Review.
B. Section 4-103 of the Land Use and Development Code sets forth t he
Administrative Review Procedures by which the current Application is being considered.
C. The Application submittal requests two waivers from submittal requirements.
These waiver requests are from submittal requirements included an improvements
agreement and development agreement. Submittal wa ivers have been accepted as part
of the completeness review .
D. Article 7 of the Land Use and Development Code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
Planning and Development Standards in Division 3. Accessory Dwelling Units are also
subject to Section 7-701. The standards are addressed in the Application submittals and
in the Staff Analysis section of the Staff Report .
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC . No public comments were received as a result
of the publ ic notice . Referral Co mments received on the Application are attached as
Exhibits and summarized below:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering :
• Should any new construction occur, the Applicant should provide verification of the
leach field size and adequacy .
• The Applicant should provide permitting and augmentation plan for the well per
comments from the DWR.
• Due to identified moderate geo-hazards on the property, a condition of approval
should be included that any new construction shall . require a geotechnical and
hazards analysis .
B. Colorado Division of Water Resources (DWR): The DWR has indicated that
"the applicant will need to re -permit the existing well with a non-exempt permit that
operates pursuant to a court decreed plan for augmentation for all intended uses."
C. Garfield County Road and Bridge:
• The driveway meet the current standards
5
• Road a nd B ri dge has no concerns w ith the request
D. Glenwood Springs Fire Protection District:
• Encourages a defensible space around the ADU .
• Noted that this area is highly susceptible for wildland fire , it is suggested that the
buildings be constructed of a non-combustible material.
• The 150 foot long driveway may require a pull -out.
• Because of the lack of fire flows in the area (no fire hydrant within 1,000 ft) and
possible access issues, automatic fire protection systems in are highly encouraged
in any new structure .
E. Garfield County Vegetation Manager, Steve Anthony:
• Noted that a site visit was conducted in 2013 as a part of the Minor Subdivision
Process .
• In 2013 , Dalmatian toadflax and the Common tansy were identified and work was
conducted to control these noxious weeds at that time .
• The Applicant is encouraged to continue efforts to control County and State listed
noxious weeds located on the property.
VI. STAFF ANALYSIS
Article 7, Division 1 : General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The development on the property is in general conformance with the d imensional
standards for the Residential Suburban zone district.
The property currently has two dwelling units on the property, which are legal non-
conforming. By permitting one of the dwelling units as an ADU, the uses will come into
compliance with the LUDC.
2 . Section 7-102 : Conformance with Comprehensive Plan and compliance with I GAs
The property is located within the Growth Area for the City of Glenwood Springs and as
such, is subject to the Glenwood Springs Comprehensive Plan . The Glenwood Springs
Comprehensive Plan identifies the property as Low Density Residential.
The Garfield County Comprehensive Plan of 2030 states:
Chapter 2 -Growth in Urban Growth Areas
The Plan recognizes the need for existing municipalities to be able to gradually
expand into immediately surrounding areas. The county supports and
encourages orderly expansion of existing communities. This Plan recognizes
6
existing municipal plans and strongly supports and encourages infill and
redevelopment of existing communities. These growth areas are the preferred
locations in Garfield County for growth th at re quire urban level services. They
are also the preferred locations for commercial and employment uses that can
take advantage of supporting infrastructure and a close by client base that
reduces travel demands. The most effective way to encourage growth in
designated and planned UGAs will be by ensuring the following :
i. Each municipality's plan for its UGA is incorporated into the Garfield County
Comprehensive Plan.
ii. Urban developments in the UGAs are encouraged to annex into the respective
municipality.
iii. If there is a public benefit to allowing development within a UGA prior to
annexation, the County and municipality will cooperatively endeavor to facilitate
such development through such means as :
1. County zoning in the UGAs adjusted to a close approximation of
the municipality's plans.
2. Development in the UGA is req uired to obtain a local review wi th
comment (not approval) before submitting for county review.
3. A procedure for municipal/county review and recommendation to
the Board of County Commissioners will be developed in an /GA with
each community.
4. Each community is expected to extend services and infrastructure
to development in the UGA that substantially complies with their plan for
the UGA (landowners and the respective municipality are strongly
encouraged to enter into pre-annexation agreements that provide
commitments with respect to extensions of services and infrastructure,
densities, etc.).
Section 1 -Urban Growth Areas and Intergovernmental Coordination
Garfield County has worked with municipalities to direct development to
UGAs where public services and infrastructure are provided in an efficient
and cost-effective manner. Intergovernmental cooperation between
municipalities and other public agencies has demonstrated successful
collaboration and has resulted in the creation of new partnerships ·and
collaborative efforts on behalf of the residents of the county.
Policies:
1. Within defined UGAs, the County Comprehensive Plan , land use cdde
revisions, and individual projects, will be consistent with local municipal land
use plans and policies.
7
2 . Projects proposed adjacent to local municipalities requmng urban
services will be encouraged to annex into the affected jurisdiction if
contiguity exists.
3. Development in an UGA will have land use and street patterns that are
compatible with the affected municipality.
4 . Within a locally planned UGA, development applicants will be required to
obtain project review comments from the local community prior to submitting
for county review. The process should be defined in an executed /GA.
City of G/enwooc! Springs Comprehensive Plan of 2011
Urban Growth Boundary (UGB)
The Urban Growth Boundary represents an area that can support urban-level
development. Urban development is characterized by densities typical of
urbanized areas and by the types of services required to support that development
such as water, wastewater, roads, police and emergency services, and other
similar services. It also represents an area of future annexation . Although this area
lies outside of the city and is subject to Gariieid County land use requirements,
according to the Garfield County Comprehensive Plan , development and land use
within the Urban Growth Boundary should be consistent with the future land use
objectives of the municipality. Both the Garfield County and Glenwood Springs
Comprehensive Plans recommend entering into Intergovernmental Agreements to
assure mutually acceptable land use and development within the Urban Growth
Boundary and to determine a process by which land use proposals will be
evaluated by both jurisdictions.
The Urban Growth Boundary has been determined using the following criteria :
•Ability of the City to provide adequate infrastructure, particularly water service, to
new development without placing undue burdens on the City 's ability to meet
current municipal demands while maintaining adequate levels of service .
•Areas where there would be a public benefit for the City to manage growth, giving
consideration to visual impacts, economic impacts and benefits, open space and
environmental benefits, and impacts on schools and other public facilities.
•Areas which, if annexed to the City, would simplify the city limits and provide unity
of services.
• Location of existing topographical features whic h serve as opportunities or
constraints to development.
Low Density Residential
Low Density Residential is a designation for land that is outside of the city limits
but within the urban growth area . This designation consists of single -family
residential development that is intend.ed to maintain a rural character. Appropriate
development densities will be determined bv, among other things , current land
8
uses, topographic cons traints. existing and future utility conn ectio ns , and exis ting
road networks.
In accordance with the Garfield County Comprehensive Plan Policies, "Within defined
UGAs, the County Comprehensive Plan, land use code revisions, and individual
projects, will be consistent with local municipal land use plans and policies." To this end,
the Garfield County Comprehensive Plan defers to the land use goals and policies of
the local municipalities for land within the UGA.
The City of Glenwood Springs Comprehensive Plan identifies the subject property as
Low Density Residential. It is Staff's opinion that provided the City's policies on
economic development as well as the language within the Low Density Residential
designation that states that "Appropriate development densities will be determined by,
among other things, current land uses, topographic constraints , existing and future utility
connections, and existing road networks," the application is in general conformance with
the Garfield County Comprehensive Plan 2030.
3. Section 7-103 : Compatibiiity
The proposed use is located in a rural area and is unlikely to significantly alter or impact
this character of the area. As the dwelling unit which is to be permitted as an ADU
currently exists and is legal non -conforming, the proposed use would have little to no real
impact to adjacent property owners in excess of current conditions. The areas
surrounding the subject property are predominantly residential in nature with some
agriculture .
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The application includes copies of an existing well permit (Permit No. 280605-A) for the
property. The well currently serves both of the dwelling units on the parcel. The Division
of Water Resources review comments (see attached) state : "the applicant will need to re-
permit the existing well with a non-exempt permit that operates pursuant to a court
decreed plan for augmentation for all intended uses" Staff recommends a condition of
approval requiring the applicant to obtain a new non-exempt well permit to serve the
proposed use. This well permit requirement was also noted by the Garfield County
Contract Engineer.
The Appl icant has provided a 4-hour pump test conducted on March 1, 2013 by J&M
Pump Inc. The results of the pump test show a pump rate of 15 gallons per minute with a
recovery rate of 100% in 11 minutes .
The Applicant also submitted a water quality test conducted by Accutest Laboratories on
May 1, 2013 . The results show that the water quality is acceptable.
9
5. Section 7-105: Adequate Central Water Dist ribution and W ast ewa ter Syste ms
T he Applicant is proposing to utilize an existing ISDS for the proposed ADU. It appears
the existing ISDS was permitted by Garfield County in 1986 with ISDS Permit Number
1509. The Applicant had the system inspected on December 17, 2011 by Roto Rooter ·
who indicated that the system has a tank size of 1000 gallons , which is consistent with
the origina l permit from 1986 . To this end, it is staff's opinion that the site has an adequate
wastewater system. As is noted by the Garfield County Contract Engineer, should any
new construction occur, the Applicant should provide design verification of the exist ing
leach field size and adequacy of the system's operation. If this is not verified, expans ion
of the existing field and/or a new OWTS would be required.
6. Section 7-106 : Adequate Public Utilities
The Applicant states that the property is currently served with electric and gas . Any future
extensions need to be in compliance with State requirements and inspected by the State
Electrical Inspector.
i. Section 7-i07: Access and Driveways
a . The application was referred to the Garfield County Road and Bridge
Department (see attached). Mike Prehm of Garfield County Road and Bridge
indicated that the access currently meets County standards.
b. The Applicant has supplied information demonstrating that the driveway meets
the design standards found in Section 7-107.
8. Section 7-108: Natural Hazards
The Application represents that there are no natural hazards on the site that would impact
the proposed development. The subject property does fall within the Garfield County GIS
hazards database for moderate soil hazards and is directly adjacent to identified slope
hazard. It is staff's opinion that the identified hazards are within a manageable level for
the proposed development. However, as noted by the Garfield County Contract Engine'?r,
at the time of new construction,. should it occur, a geotechnical and hazard analysis should
be conducted. This analysis should identify any necessary hazard mitigation as a part of
the new construction.
9. Section 7-109 : Fire Protection
The Application was referred to the Glenwood Spring Fire Protection District. Ron Biggers
of the Glenwood Springs Fire Protection District noted that the driveway is long (150 ft)
and may need a turnaround area or pull out, that the area is highly susceptible to wildfire
and that there is a lack of firefighting water flow in the area. As a result , Mr. Biggers
suggests that a defensible space be maintained around the .ADU , any new construction
be done using non-combustible materials and that any new construction should be
10
re q uired to have an automati c fire protection system installed . Staff suggests conditions
of appro val that add ress th e se co nce rn s.
Article 7, Division 2: General Resource Protection Standards
10 . Section 7-201 Agricultural Lands
The proposed development is accessory to the primary dwelling unit on the subject
prop e rty. The property is not currently being used for agricultural purposes and it is not
anticipated that the proposed development would adversely affect neighboring
agricultural uses .
11. Section 7-202 Wildlife Habitat Areas
The Applicant has indicated that due to the past uses on the property and the placement
of the ADU, no significant impact to wildlife habitat is expected .
12. Section 7-203 Protection of Waterbodies
The proposed ADU is not adjacent to any identified \•1aterbodies. As a result, no impact
to waterbodies is anticipated .
13. Section 7-204 Drainage and Erosion
The Applicant has provided a topographic map of the subject property that shows general
positive drainage from the pmperty. As the driveways are currently in place, no significant
change to the topography or drainage from the property is expected .
14 . Sections 7-205 Environmental Quality
No water or air qual'ity issues are anticipated from the proposed project.
15 . Section 7-206 Wildfire Hazards
The subject property is identified as Very High according to Map 7, Wildland Fire
Susceptibility Index of the Community Wildfire Protection Plan (CWPP) while County GIS
30 met er accuracy wildfire mapping show this property in a Moderate wildfire hazard area .
In addition, no slopes over 30% have been identified and no fire chimneys are known to
exi st on the property. To th is end, St aff feels that wildfire danger on this property is within
ma nageable levels as long as a defensible space is maintained for both the proposed
ADU and primary dwelling unit. In addition , in response to the requirements of the LUDC
and the refe rra l commen t s from t he G lenwood Springs Fire Department, as a Condition
of Approval Staff recommends that the roo f materials and any new construction be made
from noncombustible materials .
11
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Report, the natural and geologic hazards identified on
the subject property are within a manageable range .
17. Section 7-208 Reclamation
Minimal disturbance is anticipated as a result of the proposed ADU . The driveways are in
place and the dwelling to be permitted as an ADU is existing.
Steve Anthony of Garfield County Vegetation Management indicated that he conducted
a site visit with the owner of the property in 2013. At that tim e Dalmatian toadflax and
Common tansy were identified on the property. As a result, it is encouraged that the
Applicant continue to control State and County listed noxious weeds on the property.
Article 7, Division 3, Site Planning and Development Standards
i 8. Section 7-301 Compatible Design :
The ADU use is generally compatible with surrounding residential land uses.
19. Section 7-302 Off-Street Parking and Loading Standards :
The Applicant has demonstrated through site plans that adequate off-street parking e x ists
for the ADU and primary dwelling unit.
.20. Sections 7-303 Landscaping Standards :
The LUDC specifically exempts ADUs from Section 7-303 .
21. Section 7-304 Lighting:
The Applicant has represented that they will use downcast lighting in compliance with the
LUDC .
22. Section 7-305 Snow Storage Standards :
The App l ican t has identified snow storage areas that are in compliance with County
standards .
23. Section 7-306 Trail and Walkway Standards :
No recreational or community facility access areas are proposed.
12
Artic le 7, Divis ion 7, Access o ry Dwelling Uni t
24. Maximum Floor Area :
The Applicant has provided evidence that the existing dwelling to be permitted as an ADU
is approximately 1056 square feet. This is below the 1500 square feet maximum size for
an ADU that is on a parcel under 4 acres . Staff suggests a condition of approval that the
ADU rema in under 1500 square feet in size.
25. Ownership Restriction :
The Applicant and Owner understand that the ADU is restricted to leasehold interests and
may be used for residential or Home Office I Business use only.
26. Compliance with Building Code :
Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary
building permits from Garfield County.
The Applicant has supplied a Certificate of Occupancy for the dwelling to be permitted as
an ADU. Any modifications to the ADU will be subject to the Garfield County Building
Code .
27. Minimum Lot Area :
The Applicant has 2.394 acres and as a result the minimum lot area requ irement of at
ieast 40,000 square feet in the RS zone district is satisfied.
28. Entrance to Dwelling Uni t:
The Applicant is proposing the ADU to be a separate building from the primary dwelling
unit. As a result, the ADU as proposed will comply with this standard .
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Accessory Dwelling Un it is in conformance
with the Comprehensive Plan of 2030 as well as the Land Use and Development Code.
Staff, therefore, recommends approval with conditions of the Juhl I Morton ADU
application.
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
Land Use Change Permit.
13
2. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehens ive Plan , as amended .
3 . T hat with the adoption of conditions the application has adequately met the
requirements of the Garfield County Land Use and Development Code, as
amended.
Suggested Conditions of Approval
Conditions Prior to Land Use Change Permit
1. Prio r to issuance of the Land Use Change Permit, the Applicant shall obtain a non -
exempt well permit for the well identified as Permit No . 280605-A. A copy of this
re-permit shall be provided to the Garfield County Community Development
Department prior to issuance of the Land Use Change Permit.
Other Conditions of Approval
2. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners .
3. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701 of the Land Use and Development Code of 2013, as
amended.
4. The Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square feet.
5. The ADU shall be subject to all Garfield County Building Code Requirements.
6. The Applicant shall maintain conformance with all requirements and conditions
with the well permit.
7. The Garfield County Community Wildfire Protection Plan (CWPP) identifies the
property as "Very High" wildland fire susceptibility. As a result, the Applicant shall
maintain a defensible area around the Accessory Dwelling Unit. In addition, the
roo f (at the time of replacement) and any new construction associated with the
Accessory Dwelling Unit shall be made of a noncombustible material.
8. At the time the ADU is replaced (new construction), the Applicant shall have the
access reviewed by the Glenwood Springs Fire Department. Any improvements to
the driveway to improve fire access shall be conducted at that time.
9. At the time the ADU is replaced (new construction), the new structure shall be
ins talled with an automatic fire protection system .
14
10. The Applicant will cond uct ongoi ng weed man agement on their property
(specifically Dalmatian toadflax and Common tansy) in acco rd ance with Garfield
County's Noxious Weed regulations. The Applicant is encouraged to utilize
resources from the Garfield County Vegetation Managers Office to mitigate weed
impacts.
15
EXHIBIT
NOV U '1 Z014 I
Garfield County
PUBLIC HEAR IN G NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank li ne next to the statements if they accurately reflect t he
described action.
ttlJ My application required written/mailed notice to adjacent property owners and minera l
owners.
)(:i Mailed notice was completed on the 3 0 day of OC t r-2014 .
All owners of reco rd wit hin a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder o r Assesso r, or through othe r means [list]--------
• Please attach proof of certified , return receipt requested mailed notice .
0 My application required Published notice .
Notice was published on the ___ day of _____ ~ 2014.
• Please attach proof of publication in the Rifle Citizen Telegram .
D My application required Posting of Notice .
Notice was posted on the ___ day of _____ ~ 2014 .
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I test ify that the above information is true and accurate .
Name :_.,,,~~~ I ~=-i./R_,_,__A_,___J--.---:· __,_,_,__\A_~_L __
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From:
Sent:
To:
Subject:
David,
Michael Prehm
Wednesday, October 29, 2014 12 :12 PM
David Pesnichak
Juhl I Morton AUD
EXHIBIT
z. ------
In reviewing the referral and doing a site visit at 1761 County Road 117, the driveway meets current Road &
Bridge Driveway Standards . Road & Bridge has no concerns with this request.
Please contact me if you have any questions.
Mike Prehm
Garfield County Road & Bridge
Foreman / Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fax.
(970) 618-7109 Cell
1
David Pesnichak ~ __________ 1
From:
Sent:
To:
Cc:
Subject:
Attachments:
David,
Franco -DNR, Ivan <ivan .franco@state.co .us >
Tuesday, November 18, 2014 2:25 PM
David Pesnichak
Jake DeWolfe -DNR
Re : Juhl/Morton -ADU
Juhl Morton Minor Subdivision .pdf
EXHIBIT
My review of the application indicated that the ADU would be located on Lotl (2.334 acres) of the Morton I
Juhl Minor Subdivision. The well on this lot has Permit No. 152042 as i indicated previously. However, should
the ADU be located on lot 2 of the Morton I Juhl Minor Subdivision then we would be dealing with Permit No.
280605-A .
In either case the following applies ; the applicant will need to re-permit the existing well with a non-
exempt permit that operates pursuant to a court decreed plan for augmentation for all intended uses.
The attached subdivision letter from this office dated August 29, 2013 sheds more light on this issue .
Let me know if this addresses your concerns.
Regards ,
Ivan Franco, E.l.T.
Water Resources Engineer
:G ______ _
P 303.866.3581 I F 303.866.2223
1313 Sherman St reet, Room 818, Denver, CO 80203
ivan.franco@state.co.us I www.water.state.co.us
On Mon, Nov 17 , 2014 at 3:56 PM, David Pesnichak <dpesnichak@garfield-county.com> wrote :
Hi Ivan ,
Thanks for your comments . Before I get in touch with the Appli cant, I want to make sure we are on the same page. The
Well Permit Number submitted with the application is 280605-A which has a note that Permit Number 152042 was
previously issued for this portion of the parcel. This permit (280605 -A) states that it is limited to "fire protection,
ordinary household purposes inside not more than two (2) single family dwellings, the watering of poultry, domestic
animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns ."
Are you able to confirm whether or not this is a valid permit for the property and if it could be used for 2 dwellings? It
looks like this permit was issued May 8, 2009.
1
Tha nks again!
Best ,
Dave
Dav id Pesn ic hak , AICP
Senio r Planne r
Garfield County
Commu nity Development Department
108 81h St Suite 401
Glenwood Sp r ings , CO 8160 1
(970) 94 5-82 12
d pesn icha k@ga rfi eld -cou nty.com
http://www.garfield-county.com/community-development/
Garfield County
From: Franco -DNR, Ivan [mailto:iv an.franco@ sta t e.c o .us]
Sent: Monday, November 17 , 2014 3:33 PM
To: Dav id Pesnichak
Cc: Jake Dewolfe -DNR
Subject: Juhl/Morton -ADU
This office has reviewed the proposal by the applicant to construct an accessory dwelling located at 1761 CR 117 in
Glenwood Springs . Also located on the property is an existing s ingle f amily dwelling.The applicant does n ot propose to
create a new lot or change the size of the existing lot. The applicant proposes to continue supplying wate r to both units
with an existing water well located on the property. The applicant does not propose any additional outside uses . Waste
water from the site appears to be handle by an on -lot septic system .
2
The existing well has Pe rmit No . 152042 and was issued pu rsuant to C RS 37-92-602(3)(b)(ll)(a) on August 18 , 1988 as the
only well on a residential site of 5 ± acres. The permitted use of groundwater from this well is limited to ordinary household
purposes inside a s ingle family dwelling and the watering of the user's noncommercial domestic animals . No other uses are
allowed (i.e. accessory dwelling) under this permit.
The applicant will need to re-permit the existing well with a non-exempt permit that operates
pursuant to a court decreed plan for augmentation for all intended uses. As of the date of this
correspondence, the applicant has not met this requirement and this office cannot support the
proposed application . 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
P 303.866.3581 I F 303.866.2223
1313 She rma n St ree t, Roo m 818, Denve r, CO 8020 3
iv an. franco@state.co. us I www. water. state. co. us
3
DE PARTMEN T OF NATURAL RESOURC ES
DIVISION OF WATER RESOURCES
August 29, 2013
Kathy Eastley
Garfield County Building and Planning Department
108 8th Street, Suite 401
Glenwood Springs , CO 84601
Dear Mrs. Eastley,
Re : Juhl Morton Minor Subdivision
Section 27, T6S , R89VV , 6th PM
Water Division 5 , Water District 38
EXHIBIT r
John W. Hickenlooper
Governor
Mi ke King
Exe cutive Direct or
Dick Wolfe, P .E.
Director/S tate En gin eer
We have reviewed the above-referenced preliminary plan to subdivide a parcel of
approximately 4.72 acres into two residential lots. Lot 1 would be 2.334 acres and would have one
single family dwelling and Lot 2 would be 2.367 acres and would have two single family dwellings.
The applicant proposes to provid e water to each lot through ex isting wells . The well on Lot 1 would
have permit no. 152042 and the well on Lot 2 would have Permit No . 280605-A. Sewage disposal is
to be provided through two individual systems . The information provided indicates that the intent is to
continue to use water from the wells in accordance with their current permits.
The well on Lot 1 with Permit No. 152042 was issued pursuant to CRS 37-92-602(3)(b)(ll)(a)
on August 18, 1988 as the only well on a residential site of 5 ± acres. The permitted use of
groundwater from this well is limited to ordinary household purposes inside a single family dwelling
and the watering of the user's noncommercial domestic animals.
The well on Lot 2 with Permit No . 280605-A was issued pursuant to CRS 37-92-602(3)(c)
on May 8, 2009 as a replacement and relocation of an existing well with Permit No. 280605 issued
pursuant t o CRS 37-92-602(5). The permitted use of ground water from this well is limited to fire
protection, ordinary household purposes inside not more than two (2) single family dwelling(s), the
watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than one (1) acre of home gardens and lawns . These uses represent the historic uses in
place prior to May 8, 1972.
Section 37-92-602(3)(b)(lll), C .R.S ., requires that the cumulative effect of fill wells in a
subdivision be considered when evaluating material injury to decreed water rights . The source of
the proposed water supply would be from, or tributary to , the Colorado River. This area of the
Colorado River is over-appropriated ; therefore , an augmentation plan is required to offset
depletions caused by the pumping of any wells. If the applicant intends to use the existing we ll s,
currently permitted under permit no 's. 152042 & 280605-A, to supply any portion of the
subdivision, a new well permit issued pursuant to a decreed plan for augmentation will be required.
Office of the State Engin eer
131 3 Sherman Street, Suite 818 •Denv er, CO 80203 • Phone: 303-86 6-3581 •Fax: 303-8 66 -3589
http://wate r.state .c o. u s
Juhl Morton Minor Subdivision
August29 ,2013
Page 2 of 2
DIVISION OF WATER RESOURCES
The well test report by l&M Pump, Inc. dated March 11 , 2013 indicates that the well operating
under permit no. 152042 produced an average of 14.5 gallons per minute over a 4 hour period. The
well operating under permit no. 280605-A produced an average of 15 gallons per minute over a 4
hour period. The water supply should be physically adequate to supply three dwellings. Please
note that the long term adequacy of any ground water source may be subject to fluctuation due to
hydrological and climatic trends.
Pursuant to Section 30-28-136(1 )(h}(1 ), C .R.S., the State Engineer offers the opinion that
due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the
well, the proposed water supply plan will cause material injury to existing water rights and is
inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan
Franco of this office for assistance.
HIF: Juh l Morton Minor Subdivision .docx
cc: Alan Martellaro, Division Engineer
Water Commissioner, District 38
Sincerely,
Megan Sullivan, P.E.
Water Resource Engineer
EXHIB IT
I s
~~~, MOUNT/\lrt-.~'lll!fl.....,
~ . ~ iN<ilN~f RIN<i, INC.
~~.? Civil and Environmental Consulting and Design
November 20 , 2014
Mr. David Pesnichak
Garfield County Planning
I 08 8 111 Street, Suite 401
Glenwood Springs , CO 81601
RE: Review of th e Juhl/Morton Accessory Dwelling Uni t: G AP A-8091
Dear Glenn :
This office has performed a review of the documents provided for th e Administrative Pe1mit for
the Juhl/Morton Accessory Dwelling Unit. The submittal was found to be thorough and well
organized. The review generated the following conunents:
1. The Applicant provides some evidence that the existing septic system is permitted and in
working order. However, nothing provided shows that the existing septic system is sized
adeq uately for the residence plus the ADU. A condition of approval should be included that
any new construction shall require design verification of the existing leach field size and
adequacy of its operation. If this is not verified, expansion of the existing field and/or a new
OWT system would be required .
2. The Applicant should provide permitting and an augmentation plan for the well per t he
comments from DWR.
3 . It appears from the application materials that there are moderate geo-hazards that affect t he
property . A condition of approval should be included that any new construction shall require
a geotechnical and hazard analysis.· This may require hazard mitigation as pai1 of any new
construction.
Feel free to call if you have any questions or comments.
826 '!. Grand Avenue , Glenwood Springs , CO 81601
P: 970.945 .5544 F: 970 .945 .5558 www .mountaincross-e ng .com
EXHIBIT
j (r
Garfield County
Vef!efation Man"f!ement
November 20, 2014
Dave Pesnichak
Garfield County Community Development Department
RE : Juhl/Morton ADU, GAPA-8091
Dear Dave,
I did a site visit in 2013 with Dwight Juhl on this property when the applicants were going through the Minor Subdivision
process .
During the site visit I noticed on the property-Dalmatian toadflax, a Garfield County listed noxious weed, and Common
tansy, a State of Colorado listed noxious weed. ivir . Juhl worked on these noxious weeds in the fall of 201 3 .
Staff would like to encourage the applicants to continue their efforts on coun ty and state listed noxious weeds located on
this property.
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 ·
•
November 18. 2014
To: David Pesnichak, GARCO Planner
From: Ron Biggers, Deputy Fire Marshal,
I
EXHIBIT
t
RE: File name/number GAPA-8091, project names Juhl/Morton-ADU, applicant Dwight Juhl, Tom Morton, contact person
Dwight Juhl, location 1761CR117, request, to allow an ADU on 2.334 acre parcel
Comments
We do not have comments on the initial request of thi s application to build an ADU on the site . However we request to
be given the opportunity to review and comment on the buildings and site plans for the ADU and the proposed home prior
to their construction .
Without seeing the proposed layout ofthe bu.ildings o n the site our main questions and comments at this time are :
• If a one of the new structures will be at the end of the 150 foot driveway is there room for fire
equipment to turn around?
• How close will the combustible vegetation be to the structures? Will defensible space
need to be created around them?
• Because of the combustible vegetation on or near the site and the wildfire treat in the area we strongly
recommend that the owners consider using noncombustible building materials on the exterior of the
structures.
• The 150 foot driveway may require a pullout be constructed along it.
• Because of the lack of firefighting water flow in the area (no fire hydrant within 1,000 feet) and
possible assess issues we strongly recommend the owners install automatic fire protection systems
in the new structures.
More comments will b e forth coming when we review the site plan with the proposed building shown on it and the type of
construction proposed for them .
101WEST8TH STREET GLENWOOD SPRINGS , COLORADO 81601 970-384-6480 FAX 970-945-8506
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PROPERTY INFORMATION :
ACCESS
EXISTING ZONING
DIRECTOR DECISION
I. GENERAL INFORMATION
Request for Call-up -Juhl/ Morton ADU
BOCC 12/15/14
DP
STAFF MEMO
Schedule a Public Hearing for reconsideration of a Director
Decision for an Accessory Dwelling Unit
EXHIBIT
Dwight Juhl and Tom Morton ~
Dwight Juhl
1761 County Road 117, Glenwood Springs
2.394-acres
County Road 117
Residential Suburban (RS)
Approval with Conditions
A request was received on December 1, 2014 to Call -Up an Administrative Review Directors
Determination of an Accessory Dwelling Unit (ADU) to be located approximately south of the City of
Glenwood Springs at 1761 County Road 117.
A request for an ADU in the Residential Suburban Zone District is an Administrative Review pursuant to
Section 4-103 of the Garfield County 2013 La nd and Development Code , as amended (LUDC). This
process gr ants the decision-making authority to the Director of Community Development . This process
also allows for call-up of that decision for review by the Board of County Commissioners . A decision that
is called up requires scheduling of a public meeting so that the Board may determine whether to
reconsider the Director Decision in a noticed public hearing .
A Director decision of approval with conditions was issued on November. 25, 2014 and a request for call-
up was received from the Applicant on December 1, 2014 . Staff understands that the Applicant would
like to amend Condition 1 of the Directors Determination . The approval was issued subject to conditions
with satisfaction of Condition 1 required prior to issuance of the Permit. This condition requires that,
pursuant to comments received from the Division of Water Resources (DWR), the Applican t obtain a
non-exempt well permit for the well identified as Perm it No .280605-A . This permit is necessary to
demonstrate that the Applicant has a legal source of water as required by Section 7-104 ofthe LUDC.
The Director Determination letter, staff report and exhibits are attached .
II. BOARD DECISION
The Applicant has provided a request to call-up the application for Board consideration in a noticed
public hearing. Should the Board determine that a public hearing is warranted on this application staff
recommends scheduling the hearing for January 12, 2015.
1
EXHIBIT
I r
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based u pon the notice that was conducted for your publ ic
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action .
[{] My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the _1_6 __ day of December 2014 .
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice .
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list] Clerk and Recorder
12/16/2014
• Please attach proof of certified, return receipt requested mailed notice .
D My application required Published notic e.
D
Notice was published on the ___ day of ______ _, 2014.
• Please attach proof of publication in the Rifle Citizen Telegram .
My application required Posting of Notice.
Notice was posted on the day of ______ __, 2014.
Notice was posted so that at least one sig n faced each adjacent road right of wa y
generally used by the public.
I testify that the above information is true and accurate.
Name: David Pesnichak , AICP
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lenwood Springs, CO 81602
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NAME ADDRESS2 CITY STATE ZIPCODE
~PPY, ELIZIE JOHN & CYNTHIA L 2111 COUNTY ROAD 117
-)~ORTON, G THOMAS & JUHL, DWIGHT 1487 COUNTY ROAD 117
.JSitENWOOD LAND COMPANY, LLC 710 E DURANT AVE STE W6
~SAGE PRESERVE, LLC PO BOX 1027
l'J, G THO'M"/6-&-H:J+ll:,QWJG 1'4:f-148-7 CO UNW ROAD-117 --
MORTON, G THOMAS & JUHL, DWIGHT 1761 COUNTY ROAD 117
GLENWOOD SPRINGS co 81601-4538
GLENWOOD SPRINGS co 81601
ASPEN co 81611
GLENWOOD SPRINGS co 81602
GLENWOGD -SPRINGS to -8150t
GLENWOOD SPRINGS co 81601
David Pesnichak
From: Kelly Cave
Sent:
To:
Tuesday, December 16, 2014 12 :37 PM
David Pesnichak
Subject: Morton/Juhl Mineral
Hi Dave-I researched the title commitment and clerk and recorder's records for the NW quarter of Sect ion 27,
Township 6, Range 89W . The United States has an old right, but that was it.
Thanks,
Kell y Cave
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Telephone: (970) 945 -9 150, ext. 173 5
Fax: (970) 384-5005
E mail : kcave@garfield-county.com
CONFIDENTIALITY STATEMENT : This message and any attachments are confident ial and intended solely for the use of
the individual or entity to which it is addressed. The information conta ined herein may include protected or otherwise
privileged informat ion . Unauthorized review , forwarding , printing , copy ing , distributing, or other use of such information is
strictly prohibited and may be unlawful. If you have received this message in error , please notify the sender by replying
to this message and delete the email without further disclosure . Thank you.
1
PUBLIC NOTICE
TAKE NOTICE that the Board of County Commissioners, Garfield County, State of Colorado ,
have called-up to the Board of County Commissioners consideration of an Application by Dwight
Juhl and Thomas Morton requesting an Administrative Review 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 : MORTON /JUHL MINOR SUBDIVISION PARCEL 2; Quarter: NW,
Section: 27 , Township: 6, Range: 89
Practical Description: 1761 County Road 117, Glenwood Springs , CO 81601. Located south
of the City of Glenwood Springs .
Description of Request: A Land Use Change Permit to allow an Accessory Dwelling Unit.
96 0
CR 177 (Four Mile Road)
04 2
57
Pa g e 1 o f 2
All persons affected by the proposed Administrative Review Land Use Change Permi t for an
Accessory Dwelling Unit and Call-Up for review by the Board of County Commissioners are
invited to appear and state their views, protests or support . If you cannot appear personally at such
hearing, then you are urged to state your views by letter, as the Board of County Commissioners
will give consideration to the comments of surrounding property owners, and others affected, in
deciding whether to approve, approve with conditions or deny the application request. The
Application may be reviewed at the office of the Garfield County Community Development
Department located at 108 3th Street, 4111 Floor, Suite 401, Garfield County Plaza Building,
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through
Friday.
A public hearing on the Application has been scheduled for Monday January 12, 2015 at 1:00
p.m. in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8111 Street,
Glenwood Springs, Colorado.
Planning Division, Community Development
Garfield County
Page 2 of 2
David Pesnichak i _____________ 1
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Tamra,
Franco -DNR, Ivan <ivan.franco@state .co .us>
Friday, November 28, 2014 3:00 PM
Tamra Allen
David Pesnichak
Re: FW: Juhl Morton ADU
Flag for follow up
Flagged
EXHIBIT
F
This offices position is unchanged. There is no real distinction between the ADU referral and the Subdivision
referral. The underlying issues mentioned in the subdivision letter are still in play for the ADU referral.
To summarize the quickly:
Any well existing or proposed located in a subdivision that results in the creation of one or more parcels will be
subject to the evaluation of whether the well will cause material injury. In over-appropriated basins and
tributary sources, the wells will be presumed to cause injury. In such a case, an assessment that the subdivisions
proposed water supply will not cause material injury, can only be allowed if the proposed well is part of a court-
approved augmentation plan and can be issued a well permit under such a plan.
Regards,
Ivan Franco, E.l.T.
Water Resources Engineer
£1.~· .
~ ..
COLORADO
Division of Water Resources
Department of Natural Resources
P 303.866.3581 I F 303.866.2223
1313 Sherman Street, Room 818, Denver, CO 80203
ivan.franco@state.co.us I www.water.state.co.us