HomeMy WebLinkAbout2.0 Staff Report 11.25.14Directors Determination - Staff Report Exhibits
Juhl / Morton ADU
Administrative Review
Applicant is Dwight Juhl and Tom Morton
November 25,2014
(File GAPA-8091)
1 Public Heari
5,2014
ng Notice lnformation and tt/ail Rece ipts, Dated November
2 Emailfrom tVike Preh m of Garfield County Road and Bridge, Dated
October 29 2014
3 ranco of the Colorado Division of Water Resources,Emailfrom lvan F
Dated November 1 2014
4 an Sullivan of the Colorado Division of Water
Resources, Dated August 29,2019
Letter from Meg
5 Letter from Chris Hale, PE of Mo untain Cross Engineering, Dated
November 20 2014
6 rLette mfro AntSteve of arfieldG Co etation e emhonyuntyVegManag nt,
Dated Novem 20ber 02 1 4
7 etterL from Ron of the G odlenwo FBiggers tre rtm nt6SpringsDepa
NDated 1ovember 120 4
PROJECT INFORMATION AND STAFF COMMENTS
JuhlADU
GAPA-8091
November 25,2014
DP
Administrative Review Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
Dwight Juhl & Tom 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.
Parcel 2 of the t\Iorton/Juhl Minor
Subdivision on a property known bY
Assessor's Parcel No. 2 1 85-27 2-32-002.
Approximately 2.394 acres
Residential Suburban (RS)
TYPE OF REVIEW
APPLTCANT (OWNER)
LOGATION
LEGAL DESCRIPTION
ACRES
ZONING
I. DESCRIPTION OF THE PROPOSAL
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 for the proposed ADU and other existing uses on the property.
II DESCRIPTION OF THE SITE
The site is currently developed with two single family 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.
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III. 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 the
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 waivers 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 REFERR,AL 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 public notice. Referral Comments received on the Application are attached as
Exhibits and summarized below:
Garfield County Consulting Engineer, Chris Hale, ft/ountain 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.
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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."
Garfield County Road and Bridge:
The driveway meet the current standards
5
C.
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Road and Bridge has no concerns with the request
D. Glenwood Springs Fire Protection District:o Encourages a defensible space around the ADU.o 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.
o 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.
Garfield County Vegetation Manager, Steve Anthony:
Noted that a site visit was conducted in 2013 as a part of the Minor Subdivision
Process.
ln 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 dimensional
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 lGAs
The property is located within the GroMh 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 fo be able to gradually
expand into immediately surrounding areas. The county supports and
encourages orderly expansion of existing communities. Ihrs Plan recognizes
6
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existing municipal plans and strongly supports and encourages infill and
redevelopment of existing communities. Ihese growth areas are the preferred
locations in Garfield County for growth that require urban level seruices. They
are also the preferred locations for commercial and employmenf 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 Gartield County
Comprehensiye Plan.
ii. Urban developments in the UGAs are encouraged to annex intothe respective
municipality.
iii. lf 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 required to obtain a local review with
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 IGA 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.).
Secfion 1 - Urban Growth Areas and lntergovernmental Coordination
Garfield County has worked with municipalities to direct development to
UGAs where public serwbes and infrastructure are provided in an efficient
and cost-effective manner. lntergovernmental cooperation between
municipalities and other public agencies has demonstrated successfu/
collaboration and has resulted in the creation of new partnerships and
collaborative efforts on behalf of the residenfs of the county.
Policies:
1. Within defined UGAs, the County Comprehensive Plan, land use code
revisions, and individualprojects, willbe consisfenf with localmunicipalland
use p/ans and policies.
7
2. Projects proposed adjacent to local municipalities requiring urban
servrces will be encouraged to annex into the affected jurisdiction if
contiguity exisfs.
3. Development in an UGA will have land use and sfreef patterns that are
compatible with the affected municipality.
4. Within a locally planned UGA, development applicants will be required to
obtain proje ct review com me nts from the local commu n ity prior to su bmitti ng
for county review. The process shou/d be defined in an executed lGA.
City of Glenwood Springs Comprehensive Plan of 2011
Urban Growth Boundary (UGB)
The Urban Growth Boundary represents an area that can support urban-level
development. Urban de velopment ,s characterized by densifles 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 servrces. lt also represents an area of future annexation. Although this area
lies outside of the city and is subject to Garfield County land use requirements,
according to the Garfield County Comprehensive Plan, development and land use
within the Urban Growth Boundary should be conslsfent with the future land use
objectives of the municipality. Both the Garfield County and Glenwood Springs
Comprehensive Plans recommend entering into lntergovernmental 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 seruice, to
new development without placing undue burdens on the Crty'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 which serve as opportunities or
con stra i nts to d eve lo p me nt.
Low Density Residential
Low Density Residential is a designation for land that is oufsrde of the city limits
but within the urban growth area. This designation consrsfs of single-family
residential development that is intended to maintain a rural character. Appropriate
development densities will be determined bv, amono other thinas, current land
8
uses. topooraphic constraints, existino and future utilitv connections. and existinq
road networks.
ln 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. lt 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: Compatibility
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. 280605-4) for the
property. The well currently serues 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 Applicant has provided a 4-hour pump test conducted on March 1, 2013 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 10oo/o in 1 1 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 Distribution and Wastewater Systems
The Applicant is proposing to utilize an existing ISDS for the proposed ADU. lt 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 original 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 existing
leach field size and adequacy of the system's operation. lf this is not verified, expansion
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. Anyfuture
extensions need to be in compliance with State requirements and inspected by the State
Electrical lnspector.
7. Section 7-107: 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 fallwithin the Garfield County GIS
hazards database for moderate soil hazards and is directly adjacent to identified slope
hazard.lt is staffs opinion that the identified hazards are within a manageable level for
the proposed development. However, as noted bythe Garfield County Contract Engineer,
atthe 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
required to have an automatic fire protection system installed. Staff suggests conditions
of approval that address these concerns.
Article 7, Division 2: General Resource Protection Standards
10. Section T-20l Agricultural Lands
The proposed development is accessory to the primary dwelling unit on the subject
property. 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 waterbodies. 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 property. 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 quality 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 lndex of the Community Wildfire Protection Plan (CWPP) while County GIS
30 meter accuracy wildfire mapping show this property in a Moderate wildfire hazard area.
ln addition, no slopes over 30% have been identified and no fire chimneys 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 LUDC
and the referral comments from the Glenwood Springs Fire Department, as a Condition
of Approval Staff recommends that the roof materials and any new construction be made
from noncombustible materials.
11
16. Section 7-207 Natural and Geologic Hazards
As noted in Section I 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 time 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
18. 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 exists
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 Applicant 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
Article 7, Division 7, Accessory Dwelling Unit
24. l\4aximum 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 remain 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 / 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. [Vlinimum Lot Area
The Applicant has 2.394 acres and as a result the minimum lot area requirement of at
least 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 will comply with this standard.
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Accessory Dwelling Unit 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 / ltflorton 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 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 Code, as
amended.
Suggested Conditions of Approval
Conditions Prior to Land Use Change Permit
1. Priorto issuance of the Land Use Change Permit, the Applicant shallobtain 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 7-701of the Land Use and Development Code of 2013, as
amended.
4. The FloorArea forthe 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. 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.
L 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.
g. At the time the ADU is replaced (new construction), the new structure shall be
installed with an automatic fire protection system.
14
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 regutations. The Applicant is encouraged to utilize
resources from the Garfield County Vegetation Managers Office to mitigate weed
impacts.
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PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
M My application required written/mailed notice to adjacent property owners and mineral
owners.
& Mailed notice was completed on the;(- was completed on the 3 C day of 2014.
All owners of record within a 200 foot radius of the subject parcelwere identified as
shown in the Clerk and Recorder's office at least 15 calendar days priorto 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 [ist]
EXHIBIT
Garfield Coulnty
Please attach proof of certified, return receipt requested mailed notice.
E]My application required Published notice.
Notice was published on the day of
Please attach proof of publication in the Rifle Citizen Telegram.
20L4.
2074.
tr My application required Posting of Notice.
Notice was posted on the day of
Signature:
Date:
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate
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David Pesnichak
From:
Sent:
To:
Subject:
Michael Prehm
Wednesday, October 29,20L4 L2:L2 PM
David Pesnichak
Juhl/ Morton AUD
David,
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
EXH
2IDavid Pesnichak
From:
Sent:
To:
Cc:
Subject:
Attachments:
Franco - DNR, Ivan <ivan.franco@state.co.us>
Tuesday, November L8,2OL4 2:25 PM
David Pesnichak
Jake DeWolfe - DNR
Re:Juhl/Morton - ADU
Juhl Morton Minor Subdivision.pdf
David,
My review of the application indicated that the ADU would be located on Lotl (2.334 acres) of the Morton /
Juirl 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 theMorton / 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 opeEtei 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,
lvan Franco, E.l.T.
Water Resources Engineer
x
P 303.866.3581 / F 303.866.2723
1313 Sherman Street, Room 818, Denver, CO 80203
ivan.franco@state.co.us /.water.state
On Mon, Nov 17, 2014 at3:56 PM, David Pesnichak <dpesnichak@,garfield-county.com> wrote:
Hi lvan,
Thanks for your comments. Before I get 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-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 (L) 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? lt
looks like this permit was issued May 8, 2009.
1
Best,
Dave
Thanks again I
David Pesnichak, AICP
Senior Planner
Garfield County
Com m unity Development Department
108 8th st suite 401
Glenwood Springs, CO 81601
(970)-8212
d pesnichak@ga rfield-countv.com
htto ://www.ga rfield-countv.com/com m u n itv-deve lopme nt/
Gurficld County
From: Franco - DNR, lvan [mailto:ivan.franco@state.co.us]
Sent: Monday, November L7,2OL4 3:33 PM
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 a|1761 CR 117 in
otenwooo 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 appticant proposes to continue supplying water to both units
with an existing water w6ll located on the propert-y. The appiicant does not propose any additional outside uses. Waste
water from the site appears to be handle by an onJot septic system'
2
The existing welt has permit No. 1 52042 and was issued pursuant to CRS 37-92-602(3XbXll)(a) on August 18, 1988 as the
only well oia residential site of S + acres. The permitted use of groundwater from this well is limited to ordinary household
prrpor". inside a single 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. it you or the applicant have any questions please feel free to contact me at this
office.
Sincerely
lvan Franco, E.l.T.
Water Resources Engineer
x
P 303.866.3581 / F 303.866
1313 Sherman Street, Room 818, Denver, CO 80203
ivan . f ranco@state. co. us / www.water.state.co.us
3
EXHIBlT
ItltDoa rDEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
August 29,2013
John W. HickenlooPer
Govemor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
Kathy Eastley
Garfield County Building and Planning Department
1OB 8th Street, Suite 401
Glenwood Springs, CO 84601
Re Juhl Morton Minor Subdivision
Section 27, T65, R89W,6th PM
Water Division 5, Water District 38
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 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'
.
Th6 applicant propoies to provide water to each lot through existing wells. The well on Lot 1 would
have permit ni:.lbZOqZand the wellon Lot 2 would have Permit No. 280605-4. Sewage disposal is
to be proviOed 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 welt on Lot 1 with Permit No. 152042 was issued pursuant to CRS 37-92-602(3XbXllXa)
on August 18, 1gB8 as the only well on a residential site of 5 t acres. The permitted use of
groundwate, irom this well is limited to ordinary household purposes inside a single family dwelling
ind 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, 20Og as a replacement and relocation of an existing wellwith Permit No. 280605 issued
pursuant to CRS 3l-g2-602(s). The permitted use of ground water from this well is limited to fire
frotection, 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 thin one (1) acre of home gardens and lawns. These uses represent the historic uses in
place prior to May 8, 1972.
Section 37-g2-602(3xbxlll), C.R.S., requires that the cumulative effect of allwells in a
subdivision be considereO'wtieii evaluating maierial 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-ip-propriated; therefore, an augmentation plan is required to offset
depletions caused by the pumping of any wells. lf the applicant intends to use the existing wells,
cuirently 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 Engineer
1313 Sherman Street, Suite 818 o Denver, CO 80203 o Phone:303-866-3581 o Fax:303-866-3589
http://water.state.co.us
DIVISION OF WATER RESOURCES
Juhl Morton Minor Subdivision
August 29,2013
Page 2 of 2
The well test report by l&M Pump, lnc. 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. 280605-4 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(1XhX1), 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
Franco of this office for assistance.
Sincerely,
6*It lr-..-.
Megan Sullivan, P.E.
Water Resource Engineer
HIF: Juhl Morton Minor Subdivision.docx
cc: Alan Martellaro, Division Engineer
Water Commissioner, District 38
I
MOUNT
ENGINEERING,INC.
Givil and Environmental Consulting and Design
Novenrber 20,2014
Mr. David Pesnichak
Garfield CountY Planning
108 8th Street, Suite 401
Gienwood Springs, CO 81601
RE Review of the Juhl/Morton Accessory Dwelling unit: GAPA-8091
Dear Glenn:
This office has performed a review of the documents provided for the Administrative Permit for
the Juhl/lvlorton eccessory Dwelling Unit. The submittal was found to be thorough and well
organized. The review generated the following comments:
1. The Applicant provides some evidence that the existing septic system is. permitted and in
working order. However, nothing provided shows thaithoexisting septic syslem is sized
adequ#ly for the residence ptus itre ADU. A condition of approval should be jncluded that
any new construction shall require design verification.of the existing leach field size and
ud"quu"y 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 the
comments from DWR.
3. It appears from the application materials that there are moderate geo'hazards that affect the
property. A condition of approval should be included that any new construction shall require
a geotetp,ical and hazar.d'analysis. This may require hazard mitigation as part of any new
construction.
Feel free to call if you have any questions or comments'
Sincerely,
Cross
PE
826 % Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970'945.5558 www.mountaincross-eng'com
EXHIB!T
Iot (o
Gaffield Coun$
Vegetation Management
November 20,2014
Dave Pesnichak
Garfield County Community Development Department
RE: Juhl/Morton ADU, GAPA-8091
Dear Dave,
I did a site visit in 20,13 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
t n.V], State of Colorado listed noxious weed. Mr. Juhl worked on these noxious weeds in the fall of 2013.
Staff would like to encourage the applicants to continue their efforts on county and state listed noxious weeds located on
this property.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rlfle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970'625'5939
EXHIBIT
I!
J
I
o€pa
November t8.2OL4
To: David Pesnichak, GARCO Planner
From: Ron Biggers, Deputy Fire Marshal,
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 parcel
Comments
We do not have comments on the initial request of this 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 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 created around them?
o 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.
o The 150 foot driveway may require a pullout be constructed along 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 comments will be forth coming when we review the site plan with the proposed building shown on it and the type of
construction proposed for them.
t0l WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 8160t 970-384-6480 FAX 970-945-8s06