HomeMy WebLinkAbout2.0 Staff Report 03.02.16Directors Determination - Staff Report Exhibits
Spracher ADU
Administrative Review
Applicant is Page Spracher
March 2,2016
(File GAPA-O8-1 5-8374)
Exhibit
Number
Exhibit Description
'1 Public Hearinq Notice lnformation Form, Dated February 4,2016
2 Mail Reciepts
3 Referral Comments from Mike Prehm of Garfield County Road and
Bridge, Dated February 2,2016
4 Letter from Megan Sullivan of the Colorado Division of Water
Resources, Dated February 17,2016
5 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated
February 17,2016
Spracher ADU
GAPA-08-15-8374
March 2,2016
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
Administrative Review
Change Permit for an
Dwelling Unit (ADU)
Page Spracher
Land Use
Accessory
The property is located approximately 8.5
miles southeast of the City of Glenwood
Springs with access off private roadways
and County Road 1 15. The address is
34l Homestead Road, Glenwood
Springs, CO 81601 .
Parcel 1 of the Homestead Estates
Subdivision on a property known by
Assessor's Parcel No. 21 87-361 -00-001.
Approximately 31 .384 acres
Rural
I. DESCRIPTION OF THE PROPOSAL
The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 31.384
acre parcel located within the Rural zone district. As the propefty is over 4 acres, the ADU
is limited to 3,000 square feet. The Glenwood Springs Comprehensive Plan identifies the
proper.ty as Low Density Residential (10+ acres/dwelling unit). Access to the site is an
existing driveway and private roadways from County Road 115. 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 property appears to
have positive drainage and is a mix of graded areas and native vegetation with moderate
slopes. Uses within 1500 feet include primarily residential and agricultural uses.
2
Aerial View of Subject Propedy
Existing
Single Family
Dwelling
Site Plan
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PARCEL I
HOMESTEAD ESTATES
3t 34:r* ACRES
4
ilt.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 Rural zone district
as requiring Administrative Review.
B. Section 4-103 of the Land Use and Development Code sets forlh 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 Reporl.
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. No public comments were received as a result
of the public notice. Referral Comments received on the Application are attached as
Exhibits and summarized below:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering
(Exhibit 5): States that the Applicant will need to obtain an Onsite Wastewater Treatment
System (OWTS) permit from the County prior to installation.
B. Colorado Division of Water Resources (DWR) (Exhibit 4): The DWR has stated
that "The applicant's proposal indicates that the well currently serves a single family
residence. The proposed ADU would be considered, for the purposes of well permitting,
to be an additional single family dwelling. As long as the uses of the well do not exceed
those allowed under the permit, in parlicular no more than three single family dwellings,
this office has no objection to the well also seruing the proposed ADU."
C. Gadield County Road and Bridge: Road and Bridge has no concerns with the
request.
vt.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 Rural zone district.
The property currently has one primary dwelling unit on the properly.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs
The County Comprehensive Plan identifies the property as Residential Low Density (10+
acres per dwelling unit). As the property is over 30 acres, the residential density identified
within the Comprehensive Plan would be satisfied including the ADU.
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 structure which is to be permitted as an ADU currently
exists, the proposed use would have little to no real impact to adjacent property owners
in excess of current conditions. The areas surrounding the subject propefty are
predominantly residential and agricultural in nature.
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The application includes copies of an existing well permit (Permit No. 10261 1) for the
propefiy. The well currently serves the dwelling unit on the parcel and as an exempt well
permit is permitted to serve up to 3 dwelling units. As the propefiy has since been reduced
in size below 35 acres, the Applicant has provided a letter from The Division of Water
Resources which state: "...based on county records, a poftion of the 35 acres
encumbered by this well permit now overlaps a pofiion of an adjoining 7.677 acre parcel,
that you also currently own. Because of this overlap by a valid well permit, a permit that
is exempt from administration pursuant to C.R.S. 37-92-602(3XbXllXA) (typically known
as an exempt household use only well permit) cannot be issued for that 7.677 acre parcel.
Should you or a future owner wish to construct a well on the 7.677 acre parcel in the
future, a well permit that is issued as not exempt from administration and operates
pursuant to a water court approved plan for augmentation, would have to be obtained."
As a result, Staff concludes that legal water rights exist on the subject parcel to support
both the existing primary dwelling unit and proposed ADU.
ln addition, the Applicant has provided a draft Well Sharing Agreement to allow the
adjacent 7.677 acre parcel to connect to the existing well on Lot 1 (Permit Number
102611) should development occur on this adjacent parcel.
The Applicant has provided a 4-hour pump test conducted on December 2, 2015 by
Zancanella and Associates, lnc. The results of the pump test show a pump rate of 12.3
gallons per minute.
The Applicant also submitted a water quality test conducted by ACZ Laboratories with
water collected during the pump test on December 2,2015. According to Zancanella and
Associates, "All of the analytical results are below the applicable Maximum Contaminant
Levels (MCLs) as established by the US Environmental Protection Agency and the
Colorado Department of Public Health and Environment and are considered safe levels
for drinking water."
5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The Applicant is proposing to install a new Onsite Wastewater Treatment System (OWTS)
for the proposed ADU. As a result, Staff recommends a condition of approval that the
Applicant obtain all necessary County permits and percolation tests necessary for the
new system.
6. Section 7-106: Adequate Public Utilities
Adequate public utilities currently exist at the subject parcel.
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 Road and Bridge has no concerns with the proposed ADU.
b. The Applicant has stated that the driveway and private access roads meet the
design standards found in Section 7-107.
8. Section 7-108: Natural Hazards
No natural hazards have been identified on the subject parcel.
9. Section 7-109: Fire Protection
The subject parcel has been identified as having a High level of Wildfire Susceptibility in
accordance with Map 7 of the Community Wildfire Protection Plan. The parcel is not
located with a Fire Protection District and is served by the Garfield County Sheriff's
Department. Since the area where the ADU is to be located is not identified as Very High,
the LUDC does not require any additional mitigation. As a result, no issues have been
noted related to wildfire hazard.
7
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
The proposed development is accessory to the primary dwelling unit on the subject
property. Staff understands that 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 ADU is expected to have impacts on wildlife similar to a single family dwelling unit.
Since a primary dwelling unit and ADU are proposed on the subject parcel, the density
would be approximately 1 dwelling unit per 15 acres. As a result, 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 propefiy. As the driveways are currently in place, no significant
change to the topography or drainage from the properly 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 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 Low wildfire hazard area. ln addition,
no slopes over 307o have been identified and no fire chimneys are known to exist on the
properly. To this end, Staff feels that wildfire danger on this property is within manageable
levels.
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Repofi, no natural and geologic hazards have been
identified on the subject property.
8
17. Section 7-208 Reclamation
Minimal disturbance is anticipated as a result of the proposed ADU. The driveways are in
place and the structure to be permitted as an ADU is existing.
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:
Staff recommends a condition of approval that any exterior lighting comply with the
Standards outlined in Section 7-304.
22. Section 7-305 Snow Storage Standards:
The propefiy has adequate 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.
Article 7, Division 7, Accessory Dwelling Unit
24. Maximum Floor Area:
As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet.
Staff suggests a condition of approvalthat the ADU be limited to 3,000 square feet or less
in size.
25. OwnershipRestriction:
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.
27. Minimum Lot Area:
The Applicant has 31.384 acres and as a result the minimum lot area requirement of at
least 2 acres in the Rural 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 Spracher ADU application.
Suggested Findings
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 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 Gartield County Land Use and Development Code of 2013, as
amended.
Suggested Conditions of Approval
1. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners.
10
3.
4.
5.
6.
2. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701, Accessory Dwelling Units, of the Land Use and
Development Code of 2013, as amended.
The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet.
The ADU shall be subject to all Garfield County Building Code Requirements. The
properly owner shall obtain any necessary Garfield County Building Permits for
modifications and/or expansions to the proposed ADU structure.
The Applicant obtain a permit and conduct the necessary percolation tests for the
new Onsite Wastewater Treatment System (OWTS) prior to installation.
All exterior lighting shall be downcast and shielded and comply with SectionT-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
An ADU is restricted to leasehold interest in the dwelling unit and is for residential
or Home Office/Business use only, as described in the Land Use and Development
Code of 2013, as amended.
7.
l1
EXHIBIT
t
i
Garfield County
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.
My application required written/mailed notice to adjacent property owners and mineral
owners.
All owners of record within a 200 foot radlus of the subject parcel were identified as
shown in the Clerk and Recorder's office at least L5 calendar days prior to sending
notice.
Allowners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [ist] _
. Please attach proof of certified, return receipt requested mailed notice.
tr My application required Published notice.
Notice was published on the day of 201.6.
. Please attach proof of publication in the Rifle Citizen Telegram.
r
{
tr My application required Posting of Notice.
Notice was posted on the day of 20L6.
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.
.---- i 2 ..''
Name: f'rar 9rzzqr/-,
Signature: i ,q 9{-
Date:2 - z-i- Zzt //,
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EXHIBlT
3
Gaffield Cor,ln$
Roud & Bridge
February 2,2016
Spracher ADU
341 Homestead Road,
Glenwood Springs, CO
David,
ln reviewing, Garfield County Road and Bridge has no concerns with this application. Address is
within an existing subdivision with roads maintained by the HOA.
Thanks for the opportunity to review this application. Please contact me if you have any
questions.
Mike Prehm
GarfieldCountyR&B
Foreman /Glenwood District
(970) 94s-1223 Office
(970) 945-1318 Fax
(970) 518-7109 Cell
^ffi1
MEMORANDUM
Date:
To:
From:
Re:
COLORADO
Division of Water Resources
Depafiment of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
EXHIBITI
February 17,2016
David Pesnichak, Garfield County, Community Development Department
Megan Sullivan, P.E., Water Resource Engineer
Spracher Accessory Dwelling Unit; GAPA-O8-1 5-8374
We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of
31.342 acres (as indicated on the lmprovement Survey Plat in the submittal materials),
described as Lot 1 of Homestead Ranch Estates and located at341 Homestead Rd., Glenwood
Springs. The property currently has an existing single family residence, access road and
utilities in place. The applicant does not propose to create a new lot or change the size of the
existing lot. The current water supply to the lot is provided by a well, currently permitted under
Permit No. 10261 1 , which the applicant has indicated would be shared between the single
family dwelling and the ADU. The applicant proposes to utilize a septic system and leach field
for the ADU. An existing septic system currently serves the existing single family dwelling.
According to our records, Well Permit No. 1 02611 was issued on October 12, 1978 as the only
well on a 35 acre parcel described as Lot 1, Homestead Estates. The use of groundwater from
the well is limited to domestic use including the irrigation of not over one acre of home gardens
and lawns. As indicated in my memorandum to the applicant dated November 13,2015, the
domestic use would include ordinary household purposes in up to three single family dwellings.
Also allowed under this type of permit is fire protection and the watering of poultry, domestic
animals, and livestock on farms and ranches. The pumping rate of this well shall not exceed 15
gpm. The well was constructed on July 17, 1978 and the permit is valid.
The applicant's proposal indicates that the well currently serves a single family residence. The
proposed ADU would be considered, for the purposes of well permitting, to be an additional
single family dwelling. As long as the uses of the well do not exceed those allowed under the
permit, in particular no more than three single family dwellings, this office has no objection to the
well also serving the proposed ADU.
Finally, for informational purposes, as noted in my memorandum of November 13,2015, the
description of the 35 acres dedicated to this permit for this well also includes a portion of an
adjoining 7.677 acre parcel (currently owned by the applicant). Because of this overlap of the
acres dedicated to permit no. 10261 1, a new, additional exempt well permit to separately serve
the adjoining parcel would not be available. Any future additional wells on the 31 .342 acres
and/or adjoining parcel would have to operate under non-exempt well permits and a plan for
augmentation.
Please feel free to contact me at 303-866-3581 if you or the applicant has any questions.
13'13 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
-^.ffi MOUNTAIN EROSS
u/3,)""r'l)-3-:,y.:i4:I":;
EXHIBlT
Ia-tV
February 17,2016
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Spracher ADU Administrative Review Application: GAPA-08-15-8374
Dear David:
This office has performed a review of the documents provided for the Administrative Review
Application for the Spracher ADU. The submittals were found to be thorough and well
organized. The review generated the following comment:
o The Applicant will need to obtain a permit and install an OWTS for the proposed ADU.
Feel free to call if you have any questions or comments.
Sincerely,
Mountail
Hale, PE
ross En
826'/z Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com