HomeMy WebLinkAbout2.0 Staff Report D.D. 06.03.16Directors Determination - Staff Report Exhibits
Sakin ADU
Administrative Review
Applicant is Sally B. Sakin
June 3,2016
(File GAPA-O 4-1 6-8443)
Exhibit
Number
Exhibit Description
1 Public Hearinq Notice lnformation Form
2 Mail Receipts
3 Letter from Justina Michelson of the Colorado Division of Water
Resources, Dated May 1 1,2016
4 Referral Comments from the Carbondale and Rural Fire Protection
District, Dated May 14,2016
5 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated May
23,2016
6 Email from Jane Keener-Quiat and Andv Quiat, Dated Mav 26,2016
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
Sakin ADU
GAPA-o4-16-8443
June 3,2016
DP
PROJECT INFORMATION AND STAFF COMMENTS
Administrative Review Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
Sally B. Sakin
The property is located approximately 2.5
miles northeast of the Town of
Carbondale with access off private
roadways and County Road 103. The
address is 499 Wooden Deer Road,
Carbondale, CO 81623.
Lot 13 of the Wooden Deer Subdivision
on a property known by Assessor's
Parcel No. 2393-252-04-013.
Approximately 7 .87 acres
Rural
I. DESCRIPTION OF THE PROPOSAL
The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a7.87 acre
parcel located within the Rural zone district. As the property is over 4 acres, the ADU is
limited to 3,000 square feet. The Glenwood Springs Comprehensive Plan identifies the
property as Medium Density Residential (6 to <10 acres/dwelling unit). Access to the site
is an existing driveway and private roadways from County Road 103. 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 one single family residence. The ADU is to be
developed above the existing garage. 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.
Site Plan
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 Rural zone 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 including 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.
4
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V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. One public comment letter in support of the
application was received as a result of the public notice (See Exhibit 6). 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): Noted that no comments were generated as a result of this review.
B. Colorado Division of Water Resources (DWR) (Exhibit 3): The DWR has stated
that "As long as the uses of the well do not exceed those allowed under the permit, this
office has no objection to the well also serving the proposed ADU."
D. Carbondale and Rural Fire Protection District (Exhibit 4): Stated that the District
has no issues with the proposal.
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 property.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs
The proposed development is in conformation with the Comprehensive Plan and lGAs.
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 ADU is to be located above an existing garage, 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 and agricultural in nature.
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The ADU is to be served by a community water supply for the Wooden Deer Subdivision.
The applicant has provided documentation of the water rights associated with that
community water system which has been reviewed by the Division of Water Resources.
The Division has indicated that no injury to existing water rights is expected as a result of
this development.
5. Section 7-105: Adequate CentralWater Distribution and Wastewater Systems
The Applicant is proposing to connect to an existing Onsite Wastewater Treatment
System (OWTS) for the proposed ADU. As a result, the Applicant has provided an
inspection from CBO, lnc. that concludes that the existing 1250 gallon OWTS is adequate
to handle the total 4 bedrooms that the system will serve, including the new ADU. To this
end, it is Staff's opinion that the connection to the existing OWTS is feasible and will meet
current standards.
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, however no comments were received.
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 7-1Og: Fire Protection
The subject parcel has been identified as having a Very High level of Wildfire
Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. The
parcel is located within the Carbondale and Rural Fire Protection District. Since the area
where the ADU is to be located is identified as Very High, the LUDC does require that the
roof be made out of a noncombustible material. As a result, Staff recommends a condition
of approval that the roof of the ADU be made out of a non-combustible material.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-20l 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 the single family dwelling unit
currently existing on the parcel and, since the ADU is to be located above an existing
garage, the impact is expected to be no greater than the current dwelling unit, 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 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). ln addition, no
slopes over 30% have been identified and no fire chimneys are known to exist on the
property. As is noted previously in this Report, since the area where the ADU is to be
located is identified as Very High, the LUDC does require that the roof be made out of a
noncombustible material. As a result, Staff recommends a condition of approval that the
roof of the ADU be made out of a non-combustible material.
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Report, no natural and geologic hazards have been
identified on the subject property.
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 property 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 approval that 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 7.87 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 above the existing garage of the primary
dwelling unit and have a separate entrance. 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 Garfield 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.
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.
3.
4.
The FloorArea 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
property owner shall obtain any necessary Garfield County Building Permits for
modifications and/or expansions to the proposed ADU structure.
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.
Since the area where the ADU is to be located is identified as having a Very High
Wildfire Susceptibility, the roof shall be made out of a noncombustible material.
5.
6.
7.
t0
Gurfield CounU
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitial ontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
W My application required written/mailed notice to adjacent property owners and mineral
owners.
w Maited notice was completed on the I P*.}.aay of lvic--l , 201G.
,/lt 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.
tr My application required Published notice.
Notice was published on the day of 20L6.. Please attach proof of publication in the Rifle Citizen Telegram.
tr My application required Posting of Notice.
Notice was posted on the day of 2016.
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: I [4 /L
Signature:
Date:
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PUBLIC NOTICE
TAKE NOTICE that the Sally B. Sakin has applied to the Garfield Cournty Director of Community
Development, to request a Land Use Change Permit to allow an Accessory Dwelling Unit to be
located on the subject propefty located in the County of Garfield, State of Colorado; to-wit:
Legal Description:
LOr13
WOODEN DBER SUDDTVISION
ACCORDING TO TIIg PIAT TIIE.REOF RECORDED DBGEMBER 7, UI92 UNDER NECEPrION NO. 44'I'08.
COUNTX OT G/IAFIELI)
STATE OTCOI.ORAI}O
rho knaxr by rueet gtd rnnuber as: 49{l wooDEN DEER ROAD canBol\mAla co gr6a3
Practical Description:
Description of Request:
499 Wooden Deer Road, Carbondale, CO 81623 (Lot 13 of the
Wooden Deer Subdivision and Parcel Number 2393-252-04-013)
Construct an Accessory Dwelling Unit (ADU) on a 7.BJ acre par-cel.
ADU is to be served by a community well as well as an existing onsite
Wastewater Treatment System (OWTS). Access is provided off
wooden Deel Road and county Road 103 and is located approximately
2.5 miles northeast of the Town of Carbondale.
All persons affected by the proposed Land Use Change Permit are invited to comment regarding
the application. You may state your views by letter, or you may call the Community
Development Department at (970) 945-8212 regarding the application. The Direcror will givl
consideration to the comments of surrounding property owners, and others affected, in deciding
whether to grant or deny the request. The application may be reviewed at the office of the plannin!
Department Iocated at 108 8th Street, Suite 401, Garfield County Administration Buildingl
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday throug-hFriday. Alternatively, the application can be viewed at nttp:tt,ecorcts.s
countY.com/WebLink/Customsearch.aspx?SearchNanre=BuilclingDocunlentSearch (Seirch for
File No. GAPA-04-l 6-8443).
The Director will issue a determination on this application on Friday June 3, 2016 grerefore
any comments to be considered must be received prior to that date.
Planning Division, Community Development
Garfield County
Property Owners within 200 Feet
Public Notice Mailings
Updated April28, 2015
ATTACHMENT F
Sakin ADU
2393-25204-01-3
Account Num Parcel
E Goddis & Sondro Grossmon 1215 County Road 1 I1 lCarbondate
ThomasD&MarilynAHays
0550 Wooden Deer Road iCarbondate
401 E Lupine Drive__]Aspen
70 WOODEN DEER RD 470 Wooden Deer Fload
000276 WOODEN DEEB RD Daniel Robert & Mary Ann Jervis
000262 WOODEN DEEB RD Susan Z & Clinton C. Omang
00015, wooDEN Dirn nJ KAVASCH, Mark S Kavasch & Susan D Lau 152 Wooden Deer Fload
OOO104 WOODEN DEER RD 10514
81623013114 HWY 82
81"623
2393-243-04-01 0
2393-252-A4-014111851
1 1 1855 2393-252-04-01 B
R1 1 1852 2393-252-04-01 5
2393-252-04-01 S
R1 1 1857
R111B5B
2393-234-00-1 31
81623
s/4/2016
ficJa*n PuL>\ic- t-\:hca- rr\oi \rv16.
U
christopher L & Jonna sue T coyle Brian E Gaddis & sandra Grossman
501Wooden Deer Road 12i-5 County Road 111
CARBONDALE CO 81623 Carbondale, CO 81623 Carbondale, CO 816233uLly:':'i Pr-z:gx'"-!'1cl\11>\i.1.,1r) ?Dl,s r,tbD EDDI, DBLD q3pt ?Drg l,hb0 0Bul, Il0h0 rr333
SAKIN, SALLY B
499 WOODEN DEER ROAD
ThomasD&MarilynAHays
PO BOX 717
Katherine U l{ubbard
0550 Wooden Deer Road
Richard Haberrnan
401 E Lupine Drive
Carbondale, CO 81623-0717 Carbondale, CO 81623 Aspen, CO g1611
7[15 thtI u0[], UBk0 '{3r+B ?u15 1,bbu E0U1 00hD r+35? ?u15 l,Lt0 0001, IlEh0 Lljbrr
Andrew Quait & Jatre Keener Daniel Robert & Mary Ann Jervis Susan Z & Clinton C. Omang
470 Wooden Deer Road
Carbondale, CO 81623
276 Wooden Deer Road
Carbondale, CO 81623
262 Wooden Deer Road
Carbondale, C0 81623
7U1,5 l,tt0 nE[1 EBhI r+371 701,5 ],tb0 0Dn1 DBtu tl3&B ?n]5 1tt0 uu01 06hD q3q5
Mark S Kavasch & Susan D Lau Jonathan & Lucie Fitch RyOBI Foundation
1-52 Wooden Deer Road 1,2 Williams Lane L3Lt4 Highway 82
Carbondale, co 81623 Chappaqua, Ny 10514 carbondale, Co g1G23
?815 thhu nIn1 E&tB r.ltinl 7015 thH] nE0l, CIBtn qq16 ?[],5 l,bb0 [n[],0BLu 4Lre5
nwlffit
MEMORANDUM
Date:
To:
From:
Re:
COLORADO
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
Permit No. 41792-F Rec No. 00200364
May 11,2016
David Pesnickak, Garfield County, Community Development Department
Justina P. Mickelson, Physical Science Researcher Scientist
Sakin Accessory Dwelling Unit; GAPA-04-16-8443
We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of
approximalely 7.87 acres in size, described as Lot '13 of the Wooden Deer Subdivision, located
in the NW1/4 of the NWl/4 of Section 25, Township 7 South, Range BB West of the 6th P.M.
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 community well and the applicant proposes to
utilize the onsite wastewater treatment system for the ADU.
From the submitted materials, it appears that the community well that serves the Wooden Deer
Subdivision is owned and operated by the Wooden Deer Homeowner's Association. According
to our records, the current well permit for that well is Permit no. 41792-F (Wooden Deer #1).
This permit was issued on November 18, 1992 to construct a new well. The use of groundwater
from the well is limited to fire protection, ordinary household purposes inside twenty-two (22)
single family dwellings and attached caretaker units, the irrigation of not more than 44,000
square feet (1.010 acre) of lawn and gardens. The well was constructed on November 5, 1991
and the pump installed on October 20, 1993. The permit is valid for those uses listed above.
As long as the uses of the well do not exceed those allowed under the permit, this office has no
objection to the well also serving the proposed ADU.
Please feel free to contact me at 303-866-3581 if you or the applicant has any questions.
EXHIBIT
*)ln
-coo6
13'13 Sherman Street, Room 821, Denver, CO 80203 P 301.866.3581 F 303.866.3589 www.water.state.co.us
IITOUNTAIN CROSS
ENGTNEERING. INC.
Givil and Environmontal Consulting and Design
May 23,2016
Mr. David Pesnichak
Garfi eld County Planning
108 8th Sheet, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Sakin ADU Application: GAPA-04-16-8443
Dear David:
This office has performed a review of the documents provided for the Sakin Accessory Dwelling
Unit application. The submittal was found to be thorough and well organized. No comments
were generated.
Feel free to call if you have any questions or comments.
Sincerely,
exHter
J
826 % Grand Avenue, Glenwood Springs, CO 81601
P: 970.945. 5544 F: 970.945. 5558 www.mountaincross-eng.com
EXHIBIT
3 ,/"'a u;David Pesnichak
From:
Sent:
To:
Subject:
JKQ < keener.quiat@gmail.com >
Thursday, May 26,2OL6 4:32 PM
David Pesnichak
Re: Sakin ADU Application
Andy and I are pleased to see the work Sally is doing on
for one thing. We may want to establish an ADU on our
notice we received is to lend our full support.
Jane Keener-Quiat
Andy Quiat
Sent from my iPad
her home in Wooden Deer. lt will be good for property values,
property one of these days. This response to the Garfield County
On May 26,20L6, at 1:06 PM, David Pesnichak <dpesnichak@garfield-county.com> wrote:
Thank you for contacting me regarding the Sakin ADU application that is currently pending. As we
discussed, please send me an email to this address so that I can include your comments with the formal
record in the application.
Best,
Dave
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
(s7o) s4s-8212
dpesnicha k@sa rfield-countv.com
http://www.ga rfield-county.com/communitv-development/
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