HomeMy WebLinkAbout3.0 Staff Memo BOCC 12.15.14REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PROPERTY INFORMATION:
ACCESS
EXIST!NG ZONING
DIRECTOR DECISION
Request for Call-up - Juhl / Morton ADU
BOCCLzlts/L4
DP
STAFF MEMO
Schedule a Public Hearing for reconsideration of a Director
Decision for an Accessory Dwelling Unit
Dwight Juhl and Tom Morton
Dwight Juhl
1761County Road 117, Glenwood Springs
2.394-acres
County Road 117
Residential Suburban (RS)
Approval with Conditions
I. GENERAL INFORMATION
A request was received on December t,2074 for Administrative Review of an Accessory Dwelling Unit
(ADU) to be located approximately south of the City of Glenwood Springs at t767 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 Land and Development Code, as amended (LUDC). This
process grants 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 Novemb er 25,2074 and a request for call-
up was received from the Applicant on December 7,2014. 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 Applicant obtain a
non-exempt well permit for the well identified as Permit No.280505-A. This permit is necessary to
demonstrate that the Applicant has a legal source of water as required by Section 7-104 of the LU DC.
The Director Determination letter, staff report and exhibits are attached
!I. 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 L2,2014.
7
I A
EXH IBIT
David Pesnichak
From:
Sent:
To:
Subject:
Hi David, Please initiate a Call up with the BOCC on request by the Applicant. Thank you, Dwight Juhl
Dwight Juhl
Dwight Juhl < dwight@amsbasalt.com >
Monday, December 0L, 20L4 1:11 PM
David Pesnichak
LUCP, BOCC Call Up
1
EXHIBIT
I
Gaffield County
November 25,2014
Dwight and Terease Juhl
1761 County Road 117
Glenwood Springs, CO 81601
DlREcroR DETERM|NATTON . Administrative Review Land use change
Permit - iuhii Morton-Accessory Dweiiing
Unit - Garfield Gounty File Number GApA -
8091
Dear Mr. Juhl:
This letter is being provided to you !n regard to a General Administrative ReviewApplication for an Acceglory Dweiling unit on your property. The proposed use isat1761County Road 117, located south of the CitybtOrcnwood dprings and alsoknown by Assesso/s Parcel No. 21 gS-212-32-OOi.
The Directo/s Determination on the Application is based on the following findingsand subject to the Applicant's representations and conditions of approvai
1. That proper public notice was provided as required for the Administrative
Review Land Use Change permit.
2" That with the adoption of conditions, the application is in generat
confonnance with the 2030 comprehensive 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 bode, as
amended.
I
A Director's Decision is hereby issued approvinq the Application with the following
conditions.
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 priorto 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
2413, as amended.
4. The Floor Area for the Accessory Dwelling Unit shall not exceed 1,soo
square feet.
5. The ADU shall be subject to alr Garfield county Building code
Requirements.
6. The Applicant shall maintain conformance with all requirements and
conditions with the well permit.
7. The Garfield County CommunityWildfire 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. ln 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.
9. At the time the ADU is replaced (new construction), the new structure shall
be installed with an automatic fire protection system.
2
'f 0.The Applicant will conduct ongoing weed management on their property(specifically Dalmatian toadflai anO Common taisy) in accordance'with
Garfield County's Noxious Weed regulations. The nfiflicant is encourajedto utilize resources from the Garfield County Vegetation Managers Omc6 to
mitigate weed impacts.
This Determination will be forwarded to the Board of County Commissioners for aperiod of 1-0 days so that they may determine whether or not to call up theapplication for further review. According to the tand Use and Development Code,section 4-112(A), "a call-up may be lnitiated by the BoGc, the birector, theApplicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Sineerely,
't IUt q-.-
{," "A Lr^o*-
Fred A. Jarman, AlCp
Director of Community Development Department
CC: Board of County Commissioners
file
3
EXHIBIT
f f;LDireetors Determination - Staff Repoft Exhibits
Juhl / Morton ADU
Administrative Review
Applicant is Dwight Juhl and Tom t[4orton
November 25,2A14
(File GAPA-8091)
1 Public Hearing Notice I and Mail Receipts, Dated Novembernformation
5 2414
2 Emailfrom
October 29
Mike rehmP of Garfield Road and Brid DatedCountyge
4201
3 van Franco of the Colorado Division of Water Resources"
Dated Novembei' 18, 2011
Emailfrom I
4 Letterfrom Megan Sullivan of the Colorado Division of Water
Resources, Dated August 29,2A1S
tr Letter from Chris Hale, PE of Mountain Cross Engineering, Dated
November 20 2014
6 Letter from Steve
Dated November
Anthony
20,2014
of Garfield eounty Vegetation Managerhent,
7 fromLetter Ron ofrS the G odlenwo s FireBiggepri nt,ngs Departme
Dated November 1 20 41
PROJECT INFORMATION AND STAFF EOMMENTS
Administrative Review
Change Permit for
Dwelling Unit (,{DU)
iuhi nDU
GAPA.BOg1
November 25,2014
DP
Land Use
an Accessory
WPE OF REVIEW
APPLTCANT (OWNER)
TOGATION
LEGAL DESEruPTloN
ACRES
ZONING
Dwight Juhi & Tom Morton
The property is located south of the City
of Glenwood Springs on County Road
117. The address is 17Gl CR 117,
Garbondale, CO 81624.
Parcel 2 of the h4orton/Juhl Minor
Subdivision on a property known by
Assessor's Parcel No. 21 85-272-32-002.
Approxi ma tely 2.39 4 acres
Residential Suburban (RS)
I. DESCRIPTION OF THE PROPOSAL
The applicant is re.quegtjng a permit for an Accessory Dwelling Unit (ADU) on a z.gg4acre parcel located within the Residential Suburban (RS) ,oni oistridi. lne property isover the 10,000 square foot minimum lot size for rn Aou'in tne ns ione'district" As thepropefi is under4 acies, the ADU is limited to 1s00 square feet. The Jrp"rtv is locatedwithin the Growth Area for the City of Glenwood Springs and as such, is subject to theGlenwood -springs Comprehensivb Plan. The elenwoSo Springs corpi"n"nsive plan
identifies the property as Low Density Residential. Access to tne sit'e is an exlstingdriveway from County Road 117 " The'site has adequate ai.m ioi nn-.ir.el pa*ing anIsnow storage forthe proposed ADU and other existing uses on the property.
II. DESCRIPTION OF THE SITE
The.1!q is-cunently developed with two single family residences, one to be designatedan ADU while the other is to remain the primary dwelling unit. The two dwelling unitscunently exist on the property as legal non-conionning ules. The property appears tohave positive drainage and.is a mix of graded areas anJnative vegeiation with moderateslopes. The homes...a.re do-minanfly lcreened from pubric viei, ov topogophy andvegetation. Uses within 1500 feet include residences, an elemenirry'r."nool and achurch"
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III. UUAIVER 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 eode sets forth the
Administrative Review Procedures by which the cunent,Application is being considered.
9. The Application submittal requests two waivers from submittal requirements.
These waiver requests are from submittal requirements included an improvements
agreement and development agreement. Submittalwaivers 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 Standads in Division 2 and Site
Planning and Development Standards in Division,3. Accessory Dwelling Units are atso
subject to Section 7-701. The standards are addressed in the Application submittals and
in the StaffAnalysis section of the Staff Report.
V. PUBLIC AND REFERRAL COMMENTS
The Applieant has provided dooumentation thet at! required notice mailings have been
completed in accordance with the LUDC. No public comments were received as a result
of the public notice. Referal eomments received on the Application are attached as
Exhibits and summarized below:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:o Should any new construction occur, the Applicant should provide verification of the
Ieach field size and adequacy.o The Applicant should provide permitting and augmentation plan for the wetl per
comments from the DWR.o Due to identffied moderate geo-hazards on the property, a condition of approval
should be included that any new construction shail require a geotechnicil and
hazards analysis.
B. Colorado Division of Water Resources (DWR): The DWR has indicated that
the applicant will need to re-permit the existing weil with a non-exempt permit that
operates purcuant to a court decreed plan for augmentation for atl intended uses."
e" Garfield eounty Road and Bridge:o The driveway meet the cunent standards
5
D.
E.
c Road and Bridge has no coRcerns with the request
Glenwood Springs Fire Frotection District:. Encourages a defensible space around the ADU.c Noted that this area is lighly susceptible for wildland fire, it is suggested that the
buildings be constructed of a non-combustible material.o The 150 foot long driveway may require a pull_out.e Because of the lack of fire flows in the area (no fire hydrant within 1,000 ft) andpossible access issues, automaticfire protection systems in are highlyencouiaged
in any new stn-lcture.
Garfield County Vegetation Manager, Steve Anthony:o Noted that a site visit was conducted in 2013 as a part of the Minor Subdivision
Process"c ln 2013, Dalmatian toadflax and the Common tansy were identified and work was
conducted to eontrol these noxious weeds at that time.r The Applicant is encouraged to continue efforts to control County and State listednoxious weeds located on the property.
VI. STAFF ANALYSIS
Aftlcle 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 dimensionalstandards forthe Residential Suburban zone district.
The- property cuffently has two dwelling units on the property, which are legal non.confonning. By permitting one of the OweUing units as ,i, nOU, ihe us", will come intocompliance with the LUDC"
2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs
The property is located within the Growth Area for the City of Glenwood Springs and as
s-uch, is subject to the.Glelwood Springs Comprehensive Plan. The elenwool SpringsGomprehensive Plan identifies the property as Low Density Residential.
The Garfield county comprehensive plan of 2030 states:
Chapter 2 - Growth in lJrban Growth Areas
The Plan reagnizes the need for existing munieipatities fo 0e abte to graduailyexpand inta immediatery sunounding areas. The county suiport" andencourages orderly expansion of existing ammunities. Thi; pta; recognizes
6
exigting municipal plans and strongly supports and encourages infitt andredevelopment o! existing cammunitie.i. frrbie growth areas ,rim" irefenedloeations in Garfretd Oounty for grawth that reqlke urhan level seruices. They
9r9 also the prefened locations for commerciai and employmenf uses that can
take advantage of supporting infrastructure and a close" by client base thatreduces travel demands. The most effective way to encourage growth in
designated and planned uGAs will be by ensuring {he foilowing: - s. -'
irEach ryunicipality's plan for its UGA is incorporated into the Gartield County
Comprehensive plan"
ii" Urp|n develapments in the uGAs are encouraged ta annex intathe respective
municipality"
iii. lf there is a public benefit to atlowing development within a uGA prior to
annexation, the County and municipality uritt coop'eratively endeavor to facititate
such develapment through such means as:
1' County zaning in the UGAs adjusted to a close approximation of
the municipality's plans.2. Development in the UGA is required to obtain a loca! revriew with
comment (not approval) before submifting for county review.3. A procedure for municipal/countyTevieut and reeommendation to
the Board of County Commissioners witl be devetoped in an tGA with
each community.4. Each communityis expecfed b ertend serurbes and inftastructure
ta development in the IJGA that substantiatly compties rndfh their plan forthe UGA (landowners and the respectiie minicipality are stronglyencouraged. to .9nter into pre-annexation agreemenis that provide
commitments with respect to ertensions of service s and infrasiucture,
densities, etc.).
secfibn 1 'lJrban Growth Areas and lntergovernmentat coordination
Garfield County has worked with municipalities to direct development to
UGAs where public servtbes and infrastucture are provided in an efficientand cost-effective manner. lntergovernmental e,ooperation between
municipalities and ather pubtic agencies has demonstrated successfu/
collaboration and has resulted in-the creation of new partnerships.and
collaborative efforts on behalf of the residents of the couity.
Policies:
1. wrthin defined uGAs, the county comprehensive plan, land use code
revisions, and individualproiects, wittbeconsisfenf urith localmunicipat tand
use p/ans and policies.
7
2. Froiects...pr.oposed adiacent to lacal municipatities requiring urbanscruices will" le eneauraged to annex into the affected 'liriiiiction ireontiguity exrbfs"
3" Development in an UGA vritl have land use and street patterns that arecompatible with the affected municipalig.
4.lAlithin a locally planned IJGA, development appticants will be required toobtain proiect review comments from the locat community prior to tib*ittirgfor county review. The process shoutd be defined in an'executed tGA.
city of Glenwood spahgs comprehensjve ptan of z0rl
tlrban Growth Boundary UGB)
The lJrban Grawth Bouydary represents an area that can support urban-levelde.velopment. Urba\. development is characterized by aensrrres @cat ofurbanized areas and by the types of services required to sipport that deietopmentsuch as water, wastewater, roads, potice and emergency seruices, and othersimilarseruices. lf a/sorepresenfs anareaof futureaniexaiion.Atthoughthisarea
/les oufs-i?e of the ci! yn! rs srtbTbcf ta Garfietci County iand use reiuie,ments,according to the Ggrfield County Comprehen$ye Plan, devetopment aitd tand usewithin the Urban Growth Boundarv sitoutd be con-olsfent with the future land useobiectives of the municipatity. ak;i th" Garfietd County and Glenwood SpnngsComprehensive Plans recommend entering inta tntergovernmentalAgreemenfs fo
lssure mutually acceptable land use and development within the irban GrowthBoundary and to determine a process by which land use proposats witt beevaluated by both jurisdictions.
The Urban Growth Boundary has been determined using the foilowing criteria:
'Abilw of the City to glovide adequate infrastructure, particularly water seruice, tonew developmeint .withaut pracing undue burdens o,n the cw't iiitii to meetcunent municipal demands while maintaining adequate levels irr ,r*iir. -
'Areas wherethere wourd be a pubtic benefi\forthe cityio *rnrg, growth, givingconsideration to visual impacts, economic impacts and benefits,ip-en spa& andenvironmental benefits, and impacts on schools and other pubtic ficitities.
" Areas which, if annexed to the City, woutd simplify the city'timits and provide unityof serylbes.
" Location of existing topographical features which serue as opportunities orcon stra i nts to d eve lo p me nt.
Low Den sity Residentiat
Low Density Residentiat is a designation for land that is outside of the city limitsbut within the urban growth area. This designation consisfs of singte-familyresidentialdevelopment that is intendpd to maintain a rural character.Aopropriate
I
uses.. tapoqraphic constraints, existing and future utilitv connections. and existino
road networks.
ln accordance with the Garfield County Comprehensive Plan Policies, "Within defined
UGAs, the County Comprehensive Plan, land use code revisions, and individual
prcjects, will be consistent with local municipal land use plans and policies.'To this end,
the Garfield County Comprehensive PIan defers to the land use goats and policies of
the local municipalities for land within the UGA.
The City of Glenwood Springs Comprehensive Plan identffies the subject property as
tow Density Residential. lt is Staffs opinion that provided the City's p-olicies 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, cunent land uses, topographic mnstraints, existing and future utility
connections, and existing road networks," the application is in generalconformance with
the Garfield County Comprehensive plan 2030.
3. Section 7-103: Compatibility
The proposed use is located in a rura! area and is unlikely to significanfly atter or impact
this character of the area. As the dwelling unit which is to bL permitied as an ADU
cunently exists and is legal non-conforming, the proposed use would have litfle to nc real
impact to adjacent property owners in excess of current conditions. The areas
surounding the subject prcperty are predominantly residential in nature with some
agriculture.
4. section 7-104: sufficient, Adequate, Legaland physicalsource of water
The application includes copies of an existing well permit (Permit No. 280605-A) for the
propefi. The well cunently 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 serue the
pnrposed use. This well permit requirement was also noted by the Garfield County
Contract Engineer.
The Applicant has provided a 4-hour pump test conducted on March 1, ZO1g by J&M
Pump lnc. The results of the pump test show a pump rate of 15 gallons per minute with a
recovery rate of 10A% 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 quarity is accepiable.
9
5. Section V-1A5: Adequate CentralWater Distribution and Wastewater Systems
The Applica!! !s proposing to utilize an existing ISDS for the proposed ADU. lt appears
the existing ISDS was permitted by Garfield eounty in 1986 witn ISOS Permit Number
15-09: The Applicant had the system inspected on becember 17,2011 by Roto Rooter
who indicated that the system has a tank size of 1000 gallons, which is ionsistent with
the original permit from 1986. To this end, it is staffs opinion that the site has an adequate
wastewater system. As is noted by the Garfield County Contract Engineer, should'any
new construction qccYr, the Applicant should provide design verificat-ion of the existing
leach field size and adequacy of the system's operatlon. lf this !s not'rerifiert eynansion
of the existing field and/or a new owrb would be required.
6. Section 7-106: Adequate public Utilities
The Applicant states that the property is curently served with electric and gas. Anyfuture
extensions need to be in compliance with Statelequirements and inspect6d by thl State
Electrical lnspector.
7. Section 7-i0T: Access anci Driveways
a. The applicetion was refened tc the Garfield County Road and Bridge
Department (s9e attached). Mike Prehm of Garfield County Road and Bridle
indicated that the access cunenfly meets oounty standards.
b. The Applicant has supplied information demonstrating that the driveway meets
the design standards found in Section T-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 propertydoes fallwithin the Garfield county Gls
hazards database for moderate soil hazard-s anO is directly adjacent to identifieO llope
hazard.lt is staffs opinion that the identifled hazards are within a manageabte level ior
the proposed development. However, as noted bythe Garfield County Coitract Engineer,
at the time of new construction, should it occur, a geotechnical and ha2ard anatysis 6frould
be conducted. This analysis should identify any necessary hazard mitigation as a part of
the new construction.
9. Section F10g: Fire Protection
The Application was refened to the Glenwood Spring Fire Protection District. Ron Biggers
of the Glenwood Springs Fire Protection District noted that the driveway is long tfE-O nl
and may need a turnaround area or pull out, that the area is highly susceptibte to wiHnr6
and that there is a lack of firefighting water flow in the area. AL a result, Mr. Biggers
suggests that a defensible space be maintained around the ADU, any new construCtionbe done using non-combustible materials and that any new construction shoutd be
10
reqrrired to have an autormatflc flre proteatlon systenr Instalfled. Staff suggests conditions
of approval that address these concerns.
Afticle 7, Division 2: General Resourec protection Standards
10. Section 7-20lAgricultural tands
The proposed development is accessory to the primary dwetling unit on the subject
propertv. The property is not cunently hrerng used for agricultura! purposes and it is not
anticipated that the proposed development would adversely affect neighboring
agricultural uses.
X7" Section 7-zl?Wildlife HabitatAreas
The Applicant has indicated that due to the past uses on the propetry and the placement
of the B,DU, no signfficant irnpact to wildlife habitat is expected.
72" Section 7-ZAs Protection of Waterbodies
The proposed.A.DU ie not adjacent to any iCenttfied weterbodies. As a result, no impact
to waterhodies is anticipated.
{3, Seetion 7-204 Drainage and Erosion
The Applicant has provided a topographic map of the subject propert)/that shows general
positive drainage r'iom the pi'operty. As the driveways are euncntly in piaee, no signifleant
ehange to the topography or drainage from the property is expected"
14" Sections 7-20sEnvironmental Quality
No water or air quality issues are anticipated from the proposed project.
15. Section 7-206 Wlldfire Hazards
The subject property is identified as Very High according to Mlap 7, Wildland Fire
Susceptibility lndex of the Comnrunity Wildfire Frctection Flan (CWPP) while County GIS
30 meteraccuracywildfire mapping showthis property in a lVloderatewitdfire hazard area.
In addition, no slopes over 30% have been identified and no fire chirnneys are known to
exist on the property. To this end, Staff feels that wildfire danger on this property is within
manageable levels as long as a defensible space is maintained for both the proposed
ADU and primary dwelling unit. ln addition, in response to the requirements of the TLJDC
and the refenal comments from the Glenwood Springs Fire Department, as a Condition
of Approval Staff recommends that the roof materials and any new construction be rnade
from noneombustible rnaterials"
11
16. Section V-AAV Naturaland Geologic Hazards
As noted in Section I of this Staff Repoft, 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 eounty Vegetation Management indicated that he conducted
a site visit with the owner of the prcperty in 2013. At that time Dalmatian toadflax and
Common tansy were identified on the property. As a result, it is encouraged that the
Applicant continue to controlstate and County iisted noxious weeds on the property.
Article 7, Division 3, site Planning and Deveropment standards
18. Section 7-901 eompatibte Design:
The A"DU use is generally compatlble wlth sunounding 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 exists
forthe 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 Applicant has identified snow storage areas that are in compliance with Coun{
standards.
23. Section 7-306 Trail and Walkway Standards:
No recreational or community facility access areas are proposed.
t2
Aftiele 7, Division 7, Aeeessory Dwclling Unit
24. Maximum FloorArea:
The Applicant has provided evidence that the existing dwelling to be permitted as an ADU
is approximately 1056 square feet. This is belowthe 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 remain under 1500 square feet in size.
25, Or*nershlp Restriction:
The Applicant and Owner understand that the ADU is restricted to leasehold interests and
may be used tbr residential or Home office / 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 forthe dwelling to be permitted as
an ADU. Anir modlfications to the ADU will be subject to the GartielC Courrty Building
Code.
27" Minimum Lot Area:
The Applicant has 2.394 acres and as a result the minimum lot area requlrement of at
lcast 40,000 square feet in the RS zone district is satisfied.
28. Entrance to Dwelling Unit:
The Applicant is proposing the ADU to be a separate building from the primary dwelling
unit. As a result, the ADU as proposed wi[ comply with this stindard.
VII" SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance
withthe Comprehensive Plan of 2030 as well as the Land Use and Development eode.
Staff, therefore, recommends approval with conditions of the Juhl / Morton ADU
application"
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
tand Use Change Permit.
13
2" That with the adoption of eonditioRs, the application is in general conformance with
the 2030 eomprehensive Plan, as arnended"
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.
Suggested Conditions of Approval
Conditions Prior to Land Use Chanoe 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 Apprcval
2. All representation of the Applicant contained in the application shallbe considered
conditions of approval unless specifically modified by the Board of County
ar---:--:----tsul I ll I lluttlUl lUlS"
3. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701 of the l-and Use and Development Code of 2013, as
amended.
4. The Floor Area tbr the Accessory Dweliing Unit shall not exceed 1,500 square feet.
5. The ADU shall be subject to allGarfield 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. ln addition, the
roof (at the time of replacement) and any new constr:uction 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 bythe Glenwood Springs Fire Depatrment. 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 flre protection system.
14
10.The {RRlicant will. conduct ongoing weed management on their property
(specifically Dalmatian toadflax anO Common tansy) in accordance with GarfieldCountt's Noxious Weed regulations. The Appliiint is encoumged to utilize
resources from the Garfield Gounty Vegetation ivlanagers ffice to iritigate weed
impacts.
15
lkl\/ il r) ?01{
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
iE My application requlred written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed onthe 3 c dayof
../ ^*(,( .L ,2074.
All owiiers of record within a 200 foot radius of the subject parcei were identified as
shown in the Clerk and Recorde/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 Iist]
-
Please attach proof of certified, return receipt requested mailed notice.
tr My application requlred Published notlce.
Notice was published on the _ day of 20L4.
Please attach proof of publication in the Rifle Citizen Telegram.
X
tr My appllcation required Posting of Notice.
Notice was posted on the _ day of
Signature:
Date:
2014.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used bythe public.
I testify that the above information is true and accurate.
Name:r.\ \^ L
r
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David Pesniehak
From:
Sent:
To:
Subject:
David,
In reviewing the referral and doing a site visit at 1761 eounty R.oad 117, the driveway meets current p.oad &
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) 94s-1223 Office
(970) 945-1318 Fax.
(970) 618-7109 Cell
MichaelPrehm
Wednesday, October 29, 20!4 1.2:12 pM
David Pesnichak
Juhl/ Morton AUD
L$
1
Sent:
To:
Cc:
Subject:
David Pesnichak
From:Franco - DNR, Ivan <ivan.franco@state.co.us>
Tuesday, November L8,20L4 Z:25 pM
David Pesnichak
Jake DeWolfe - DNR
Re: Juhl/Morton - ADU
Juhl Morton Minor Subdivision.pdf
ho."i,lug r tu,
NIy review of the application indicated that the ADU would be located on Lotl Q.334 acres) of *re Morton /
Juhl Minor Subdivision. The well on this lot has Pennit No. 152042 as i indicated previously. However, should
the ADU be located on lot 2 of the Morton / Juhl Minor Subdivision then we would be dealing with Permit No.
280605-A.
In either case the following applies; the applicant will need to !'e-pe!'!'nit the existing rJell \,,ith e non-
exempt permit that operates pursuant to a court decreed plan for augmentation for all intended uses.
The attaehed subdivision letter from this office dated August 29, 2O1l sheds more light on this issue.
Let me know if this addresses your concems.
Regards,
f,van Franeo, E.l"T"
Waten Resourees Engineen
Attachments:
x
P 303.866.3581 / F 303"866.2223
13'13 Sherman Street, Room 818, Denver, e0 80203
ivan.fra te.co.us / www.water.state.co.us
On Mon, Nov 17, 2014 at 3:56 PM, David Pesnichak <dpesnichak({irgarfield-county.c<ln> wrote:
Hi lvan,
Thanks foryour comments. Before lget in touch with the Applicant, I want to make sure we are on the same page. The
Well Permit Number submitted with the application is 280605-4 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? tt
looks like this perrnit was issued May 8, 2009.
I
Thanks againl
Best,
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Depa rtment
108 8th St Suite 401
Glenwood Springs, CO 81601
{970} 945-8212
dpesnichak@ea rfield-countv.com
http : //www. ga rf i e I d -co u ntv. co m /co m m u n itv-d eve I o o m e n t/
fi*tqtie&, C*urfy
From: Franco - DNR, lva n [mailto: iva n.f ra nco @state.co. us]
Sent: Monday, Novemb er L7, 2014 3:33 PMI
To: David 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 1 17 in
Glenwood Springs. Also located on the property is an existing single family dwelling.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 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 Permit No. 152042 and was issued pursuant to cRS g7-g2-602(gxbxllxa) on August 1g, lggg as the
only well on a residential site of 5 + acres. The permitted use of groundwater from tniswillis jiniited to 5rdinary householdpurposes inside a single family dwelling and the watering of the Iser's noncommercial domestic animals. No other uses areallowed (i.e. accessory dwelling) underthis permit.
The applicant will need to re-permit the existing well with a non-exempt permit that operatespursuant to a court decreed plan for augmentation for all intended uses.'As of the daie of this
correspondeRee, the applicant has not met this requirement and this office cannot support theproposed appiication" lf you orthe applicant have any questions please feelfree to contact me at thisnffina
Sincerely,
Ivan Franeo, E.l.T.
Water R,esourees Engineen
.P 303.8 3581 I F 303..2223
1313 Sherman Street, Room ElB, Denver, CO 90203
ivan. franco@state.co.us /www-water . state. co. us
3
EXHIBIT
rDEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
Jotm W. Hickenlooper
Govemor
MikeKine
Executive"Director
DickWoltu,P.E.
Dfu€ctor/State Engineer
August 29,2013
Kathy Eastley
Garfield County Building and Planning Department
108 8'Street, Suite 401
Glenuood Springs, CO 84601
Re: Juhl Morton Minor Subdivision
Section 27, TOS, R8gW,6th PM
Wafer l)ivisinn 6 Walar llictriat ?,R!r Y, r.s.v.
Dear Mrs. Eastley,
We have reviewed the above-referenced preliminary plan to subdivide a parcel of
approximately 4.72acres into two residential lots. Lot 1 rruould be2.334 acres and woutd have one
sr.ngte family dwelling and Lot 2 would be2.367 acres and rrrculd have tvro single family dvvellings.
The app$cant prcposes to provide water to each lot through existing v'rclis. The well on t-ot 1 would
have permit no.152042 and the well on Lot 2 would have Permit No. 28060SA. Sevnage disposal is
to be provided through two individual synstems. The information provided indicates that the inient is to
continue to use water from the wells in accordance with their cunent permits.
The well on Lot 1 with Permit No. 152042 uas issued purcuant to CRS 37-92-602(gXbXtlXa)
on August 18, 1988 as the only vvell on a residential site of 5 t acres. The permitted use ot
groundwaterfrom this rarell is limited to ordinary household purposes inside a single family dwelling
and the watering of the use/s non@mmercialdomestic animais.
The well on Lot 2 with Permit No. 280605-4 raras issued pursuant to CRS 37-92-602(3Xc)
on May 8, 2009 as a replacement and relocation of an existing wellwith Permit No. 280605is'sued
pursuant to 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
uatering of poultry, domestic animals and livestock on a farm or ranch and the irrigation oinot
morc than one (1) acre of home gardens and lawns. These uses represent the historic uses in
place priorto May 8,1972.
Section 37-92-602(SXbXlll), C.R.S., requires that the cumulative effect of g!!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. lf the applicant intends to use the existing wetls,
currently permitted under permit no's. 152042& 28060s-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 Engineer
L313 sherman street, suite 818 o Denver, co 80203 o phone:303-866-3581 o Fax:303-856-35g9
http://water.state. co.us
DIVISIOI{ OF WATER RESOURCES
Juhl Morton Minor Subdivision
August 29,2013
Page2 of 2
The well test report by l&M Pump, lnc. dated March 11,2013 indicates that the well operating
under permitno.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
hyciroiogicai anci climatic trends.
Pursuant to Section 30-28-136(1XhXl), 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. lf you or the applicant has any questions concerning this matter, please contact lvan
Franeo of this office for assistance.
Sincerely,
6"$**_-
Megan Sullivan, P.E.
Water Resource Engineer
HIF: Juhl Morton Minor Subdivision.docx
cc: Alan Martellaro, Division Engineer
Water Commissioner. District 38
M(}u
ENGINEERING" IN("
Civ!! and Environsrental Consrrlting and Sesign
Norrernber 20,2014
Mr. David Pesnieliah
Garfield County Flanning
108 Sth Street, Sriite 401
Glenivoocl Springs, CO 81601
ftE: R.evierv of the Juhl/&{oytom r\ecessorry Dwelling Umit: GAFA-EOgI
Dear Glenn:
This offiee has peifomcd a rc..,iew of the docunients prnvided for tlie Adininistrative Permit for
ihe .Iuhlifofoilon Aseessory Dr,veliing Unit. The sLrbnrittal rvas fbund to be thorough anci r,veii
orgairized. The revier,r, generated the foilor,ving comrnents:
l. The Applicant provides some evidence that ihe existing septic sl,stein is permitted ancl in
-ln'ofi(irrg Order. Fiowevet, iiothing provideci shorvs iirat the existing septie system is sizeci
adequately for ihe residence plus the ADU. A conclition of approval shoulcl be ineludecl that
any nev.' construction strall require design l'erifieation of the existing leach field size and
adequacy of its operation. lf this is not verified. e.rpansion oi'the existirig fielcl andior a new
OWT system rvould be required.
2. The Applicant should provicle permitting and an augmentation plan fbr the lvell per the
comments fiorn DS/R.
3. It appears from the applieation materials that there are moderate geo-hazards that affect the
property. A condition of approval should be included that any nev/ eonstruction shall require
a geotechnical and hazard analysis. This rnay require hazarcl mitigation as pai{ of any new
eonstmction.
Feel free to call if you have any questions or eomments.
Sineerely, IMltf tail Cross Engine,erirfi s. Jnc.
( '.,in_.,, /{..
(''-
Chris'i{ale. PE
826 lt Grand Avenrre, Glenwood SFrings, CO 81601
P: 070.945.5544 F: 970.945, 5558 www,mountaincross"eng,ooffr
EXHIEIT
tl
Garfield Co arrty
Vegetation Msnagement
November 20,2014
Dave Pesnichak
Garfield County Community Development Department
RE: JuhllMorton ADU, GAPA-8091
Sincerely
Steve Anthony
Garfield Gounty Vegetation Manager
f)ear f)qve
I did a site visit in 2013 with Dwight Juhl on this property when the applicants were going through the Minor Subdivisionprocess.
During the site visit I notice_d on.the property- Dalmatian toadflax, a Garfield County listed noxious weed, and Cornmontansv, a State of Coh:rado listed rioxloris vv€€d. Mr. Juhi worked on these noxious iveeos in the fall oi 20t3.
Staff would like to encourage the applicants to continue their efforts on county and state listed noxious weeds located onthis property.
0375 County Road 3S2, Btdg 2060
Rifle, CO 81650 Phone: 970-945.1327 x 4300 Fax: gZ0€2S"5939
ooD
November 18.2074
To: David Pesnichak, GARCO planner
From: Ron Biggers, Deputy Fire Marshai,
RE: File name/number GAPA-8091, project names Juhl/Morton-ADU, applicant Dwight Juhl, Tom Morton, contact person
Dwight Juhl, location 1761 cR 117, request, to allow an ADU on 2.334 acre parcei
Comments
\/e do not have comments on the initial request of this application to buiid 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 of the buildings on the site our main questions and comments at this time are:o lf 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?
o How close will the combustible vegetation be to the structures? Will defensible space
need to be ci'eated around them?
o Because of the combustible vegetation on or near the site and the witdfire treat in the area we strongly
recommend that the owners consider using noncombustible building materials on the exterior of the
structures.
o The 150 foot driveway may require a pullout be constructed atong it.o 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 coooments will be forth coming when we review the site plan with the proposed building shown on it and the type of
constuction proposed for them.
IOI WEST 8TH STREET GLET.I}VOOD SPRINGS, COLORADO 81601 9?0.384-64S0 FAX 9?0-945-8506