HomeMy WebLinkAbout9.1 Director Determination 02.19.2016February 19, 2016
Eric Sechrist
Studio B Architects
501 Rio Grande Place, Suite 104
Aspen, CO 81611
eric aastudiobarchitects.net
Community Development
108 8th Strect, Suite 401, Glenwood Springs. CO 81601
Office: 970-945-8212 Fax: 970-384-3470
DIRECTOR DETERMINATION -- Suma ADU, St. Finnbar Farms, Lot 9
Garfield County File Number GAPA-12-15-8411
Dear Mr. Sechrist;
This letter is provided to you, as the authorized representative of the Jamie Knight
Suma Separate Property Trust, as notification that your request to allow for an
Accessory Dwelling Unit (ADU) on Lot 9 of the St. Finnbar Farms Subdivision has been
reviewed pursuant to the requirements of the 2013 Land Use and Development Code,
as amended (LUDC) and the Director hereby issues a determination conditionally
approving the request. The conditions of approval are as follows:
1. All representations of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by Director.
2. The Applicant shall comply with standards contained the 2013 Land Use and
Development Code, as amended, including those itemized in Section 7-701 for
ADU's and Section 7-702 for Home Office/Business the LUDC .
3. The ADU shall meet all Garfield County Building Code Requirements and at the time
of building permit application the Applicant shall comply with all standard county
requirements including erosion and sediment control during construction.
Notice of this decision will be provided to the Board of County Commissioners who has
the ability to 'call-up' the application for review at a public hearing. You will be notified
of the Board decision once it is received or upon expiration of the 10 day notice period
(March 1, 2016).
1
Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions
regarding this decision.
Sincerely,
Director of Community Development
Attachment
Cc: BOCC
File
1
Director Decision, February 19, 2016
Exhibits — St. Finnbar Farms, Lot 9 GAPA-12-15-8411
Exhibit
Letter
(A to Z)
Exhibit
A
Public Hearing Notice Affidavit, with attachments
B
Garfield County 2013 Land Use and Development Code, as amended
C
Garfield County Comprehensive Plan 2030, as amended
D
Application
E
Staff Report
F
Letter dated January 28, 2016 from Mike Prehm, Road & Bridge
G
Undated letter from Jim Mindling and Kelly Stackpole, St. Finnbar HOA
II
Email dated February 12, 2016 from Bill Gavette, Carbondale and Rural FPD
I
J
K
L
M
N
0
P
Q
R
S
T
U
Garfield County
PUBLIC HEARING 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 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.
tD►‘4,
/ Mailed notice was completed on the 1st day of February 7
J 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]
■ Please attach proof of certified, return receipt requested mailed notice.
nMy application required Published notice.
Notice was published on the day of , 2015.
■ Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice.
Notice was posted on the day of , 2015.
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.
Name: Eric Sechrist
Signature:
Date: 2/1/2016
m
c0
.11
rR
D
D
D
11.1
D
u1
D
r -R
m
-o
0
D
D
7015 0920
7015 0920 0001 0666 8629
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.cortP.
cARoicf147:;:;t9 fYIP ft. L.,
polt44
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
*0.
Total Postage & Fees $
$0100
$0.00
0528
06
Po
/
)7016
Sent To
Street & Apt. No.,
or PO Box No.
City, State, ZIP
DAWW6
qutjk
. AI 4
PS Form 3800, July 2014
See Reverse for Instructions
U.S. Postal Service"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.uspscom't.
1 .0? ,111•
•
AL US
ir,7!
$3.
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Requite. 49_
Total Postage & Fees
$3.9
$0.00
$0.00
$0.00
$0.00
$0,00
Sent To
F F LLC
Street 4 Apt. No.,
or PO Box No /53
City, Stale, ZIP+4
PS Form 3800, July 2014
Wet
See Reverse for instructions
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at wimusr/s.com'.
AS
ponet;
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$0.
Total Postage & Fees
$3.
A L.
$0.00
*0.00
$0.00
$0.00
Itra
02/01/2016
senIT: La (AASOA WAIL -4-,511e
•
or PO Box No. / SVC) !&ii-I3�w
City, State, A P+4
sfik' A
PS Farm 3800, July 2014
See Reverse for Instructions
r -
_o
0
n
D
rR
D
171
D
ru
D
u)
rI
Dr -
N
_n
D
D
D
D
D
ru
0
II
u-1
r -
D
Lrf
...n
co
–0
–0
–0
r -R
D
D
D
ru
0–
Ln
D
ri
N
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
CARtThDALEflO 23 PU 9 .
-
paS4
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$0.
Total Postage & Fees
..052a
$0.00
$0.00
itil I
$0.00
...,
., 0
it
Sent To
C Inal44e•– Pe
Street & Apt. No ,
or PO Box No. 1201 c mill
City, State 71' ,
q .1 ° •
PS Form aa , 1
U.S. Postal Service"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
' la4. 1,-1-C,,
KAI a
....• 4111 0 I rA
See Reverse for instructions
For delivery information, visit our website at www.usps.com".
CAR8ONDALEt C , ' U - F
f 4
t ,
PAAg
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(-endorsement Required)
Total Postage & Fees
—
528
mark
' Here
f
$0.00
$0.00
- .
senlaivreme..,t.AL-isA iIeIv
Street & Apt No.,
orPOFJoxNo.
Q)CrwdvPd
City State, ZIfr
kada (7)
PS Form 3800, July 2014 See Reverse for instructions
U.S. Postal Service"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.comg.
Po
Certified Fee
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$0.
Total Postage & Fees
Sent To
Street & Apt. Vo.,
or PO Box No.
City, State, ZI
re.ePostmarlei
fiforifee
Lq4
.25. tAlt. goi. _1
02
(.1
10 Arr
See Reverse for instructions.,
......
SI0p FALL.$., SP 571Pi
poQ0 5
Certified Fee $0.00
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
$0.
Total Postage & Fees
0528
06
e it,
$0.00
1
Sent To
Street & Apt. iJo.,
or PO Box No.
City, State, Z1
arKt-frveiY
-
6 130X 02 ttirlIT
,&_
PS Form 3800 July 2014
See Reverse for Instructions
Jamie Knight Suma Separate Property Trust - ADU
GAPA-8411
KE
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
Administrative Review — Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
APPLICANT (OWNER) Jamie Knight Suma Separate Property
Trust
LOCATION
St. Finnbar Farms Subdivision, east of
the Town of Carbondale off of County
Road 100 at 24 St. Finnbar Farm Road
LEGAL DESCRIPTION Lot 9 St. Finnbar Farms Subdivision
Assessor's Parcel No. 2391-313-18-009
ACRES 4.76 -acres
ZONING
Rural (R)
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting approval to allow an Accessory Dwelling Unit of 473 square
feet on their 4.76 acre property. The ADU structure would be served by an existing
individual well permitted to serve two (2) units, and the site is provided sanitation service
by the Ranch at Roaring Fork. Access to the site is an existing paved road, St. Finnbar
Farm Road which is accessed from County Road 100. The site has ample areas for off-
street parking and snow storage related to the proposed ADU and other existing uses on
the property.
Ranch at Roartnq For / r
Raaf ing For
Rrdgn�.
rORnrtr n
J
7GLam Reach lEn.
Z—
}Figure 1- VICINITY MAP
11. DESCRIPTION OF THE SITE
The site is located adjacent to the Roaring Fork
River in an approved subdivision, St. Finnbar
Farms. This subdivision applied building
envelopes to the lots in order to avoid
environmentally sensitive areas of the site,
including floodplain and wetlands.
A single family home has recently been
constructed and the owner seeks allowance for
a secondary unit on the lot.
H
Suma ADU
Director Decision, February 19, 2016
NAT(N LEGEND..
OETMl LOCATION:
Proposed ADU
i
f
/ •�..aa..-.w
ID. APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-403 of the LUDC designates an
Accessory Dwelling Unit within the Rural District as requiring Administrative Review.
B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by
which the current Application is being considered.
C. 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 this report.
IV. PUBLICAND 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 public notice. Referral Comments received on the Application are attached as
2
Suma ADU
Director Decision, February 19, 2016
Exhibits and summarized below:
Garfield County Road and Bridge, Exhibit F: Michael Prehm commented that the property
is exempt from obtaining a Driveway Permit from Road & Bridge. Mr. Prehm also noted
that it appears that an "Emergency" and utility right of way form CR 100 appears to be
now designated for use by construction vehicles, this use is not permitted and the access
should be used for what it was approved for. All other access, including construction
vehicles, must use the main entrance to the subdivision.
Carbondale and Rural Fire Protection District, Exhibit H: Bill Gavette indicated that the
District has no issue with the proposed use.
St. Finnbar Farms Homeowner's Association, Exhibit G: The Homeowner's Association
commented that plans for the site had been approved.
No comments were received from:
Garfield County Vegetation Manager
Town of Carbondale
V. STAFF ANALYSIS
Article 7, Division 1: General Standards
Section 7-101: Compliance with Zone District Use Regulations
The property is in general compliance with Zone District Regulation for the Rural Zone
District. The proposal meets maximum lot coverages and exceeds the minimum lot size
of 2 acres.
Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs
The property is located within Residential Medium High (RMH) designation on the
Comprehensive Plan Future Land Use Map. The density for residential uses in this
designation is 2 to <6 acres/dwelling unit. The proposed density of two units on 4.56
acres meets the density for the RMH designation.
Section 7-103: Compatibility
The proposed use is located in a rural residential area and the proposed use will not
significantly alter or impact this character. The area surrounding the subject property are
predominantly residential in nature.
Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The Application included a copy of an existing well permit that allows service for two
dwelling units and 8,300 square feet of irrigation. Testing has been completed for water
quantity and quality that indicates compliance with the minimum standards of the LUDC.
3
Suma ADU
Director Decision, February 19, 2016
Section 7-105: Adequate Central Water Distribution and Wastewater
The Applicant has provided evidence that the property is served by a central sewer
system from The Ranch at Roaring Fork.
Section 7-106: Adequate Public Utilities
The Applicant states that the property is currently served with electric and gas. Both of
these utilities are anticipated to be extended to the proposed ADU. Any future extensions
need to be in compliance with State requirements and inspected by the State Electrical
Inspector.
Section 7-107: Access and Driveways
The application was referred to the Garfield County Road &Bridge Department and they
indicated the property is exempt from a driveway permit however there was concern
related to use of an emergency access for construction purposes. The Applicant was
made aware that construction vehicles were required to use the main entrance of the
subdivision.
Section 7-108: Natural Hazards
The lot was reviewed at the time of creation of the St. Finnbar Farms Subdivision and
building envelopes were applied to assure that construction would not encroach into
sensitive areas, including floodplain and wetlands. All structures are required to be
located in the building envelope thereby mitigating the potential natural hazards of the
site.
Section 7-109: Fire Protection
The Application was referred to the Carbondale and Rural Fire Protection District and no
issues were identified by the District.
Article 7, Division 2: General Resource Protection Standards
Section 7-201 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.
Section 7-202 Wildlife Habitat Areas
The proposed ADU is located adjacent to the single family home and within the approved
building envelope, therefore no significant impact to wildlife habitat is expected.
Section 7-203 Protection of Waterbodies
The proposed ADU is wholly located within an approved building envelope which is
adjacent to the Roaring Fork River. As a result, no impact to waterbodies is anticipated.
4
Suma ADU
Director Decision, February 19, 2016
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. The Applicant has
requested and has been provided a waiver from submitting a full Grading and Drainage
Plan.
Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
Section 7-206 Wildfire Hazards
The subject property is generally identified as a low wildfire hazard rating according to the
Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP).
Section 7-207 Natural and Geologic Hazards
No significant natural or geologic hazards have been identified on the subject property.
Section 7-208 Reclamation
Minimal disturbance is anticipated in completing the ADU as the driveway and other
improvements are currently in place.
Article 7, Division 3, Site Planning and Development Standards
Section 7-301 Compatible Design
The ADU use is generally compatible with surrounding residential land uses.
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 in that two parking spaces have been provided for
the ADU.
Sections 7-303 Landscaping Standards:
The LUDC specifically exempts ADUs from Section 7-303.
Section 7-304 Lighting:
The Applicant has stated that the structure will comply with this standard and that all
lighting will be downcast and shielded.
Section 7-305 Snow Storage Standards:
There is adequate area within the lot to meet minimum snow storage standards.
Section 7-306 Trail and Walkway Standards:
No recreational or community facility access areas are proposed.
5
Suma ADU
Director Decision, February 19, 2016
Article 7, Division 7, Accessory Dwelling Unit
Section 7-701.A Maximum Floor Area:
The proposed ADU will not exceed the maximum of 3,000 square feet in size.
Section 7-701.B. Ownership Restriction:
The Applicant understands that the ADU is restricted to leasehold interests and may be
used for residential or Home Office / Business use only.
Section 7-701.C. Compliance with Building Code:
The Applicant has represented that the ADU will comply with all building codes.
Section 7-701.D. Minimum Lot Area:
The lot area is 4.76 acres and as a result the minimum lot area requirement of at least 2
acres is satisfied.
Section 7-701.E. 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.
VI. RECOMMENDED FINDINGS AND CONDITIONS
Staff recommends approval of the request for an ADU and provides the following findings
in support:
1. That proper public notice was provided as required for the Director's Decision.
2. The Director's review was extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were given an opportunity to be
heard.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for the Jamie Knight Suma Separate Property Trust Accessory Dwelling Unit is in the
best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with
the 2013 Land Use and Development Code, as amended.
5. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
Recommended Conditions of Approval
1. All representations of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by Director.
6
Surra ADU
Director Decision, February 19, 2016
2. The Applicant shall comply with standards contained the 2013 Land Use and
Development Code, as amended, including those itemized in Section 7-701 for ADU's
and Section 7-702 for Home Office/Business the LUDC .
3. The ADU shall meet all Garfield County Building Code Requirements and at the time
of building permit application the Applicant shall comply with all standard county
requirements including erosion and sediment control during construction.
7
Garfield County
Re: Suma Accessory Dwelling Unit
Kathy,
Road & Bridge
January 28, 2016
The address under review is in an existing subdivision that is not maintained by Garfield County
Road & Bridge. This property is exempt from obtaining a Driveway Permit from Road & Bridge.
Exemption letter is on file.
In reviewing Plat, and doing a site visit, all traffic, residential and construction, must use the
main entrance. There is a sign posted at the "Emergency" and utility right of way entrance that
states "construction trucks only". This access should be used for what it was approved for.
recommend the sign be removed.
Thank you for the opportunity to review.
Mike Prehm
Garfield County R & B
Foreman Glenwood
(970) 945-1223 Office
(970) 945-1318 Fax
(970) 618-7109 Cell
St. Finnbar Homeowners Assn.
32 Buttonball Lane
Weston, Connecticut 06883
U.S.A.
Kathy Eastley, AICP
Garfield County Community Development
108 8th Street, #401
Glennwood Springs, CO 81601
February 3, 2016
In response to your email:
Dear Kathy,
Telephone: USA (203) 222-0446
Fax Telephone: USA (203) 227-9519
E -Mail: mindlinqAoptonline.net
Brett Suma, owner of lot 9 submitted planes for a "guest house" to the Site and
Architectural Review Committee of St.Finnbar Home Owners. The planes are approved.
Jim Mindling
203-222-0446
Kelly Stackpole
203-222-0446
203-257-8345
Kathy A. Eastley
From: Bill Gavette <gavette@carbondalefire.org>
Sent: Friday, February 12, 2016 12:55 PM
To: Kathy A. Eastley
Subject: Suma Accessory Dwelling Unit
EXHIBIT
Dear Kathy:
I have reviewed the application for the proposed Suma accessory dwelling unit. I have no issues with the proposal.
Thanks,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.carbondalefire.org
970-963-2491
FIRE. • EMS • RESCUE
1