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2.0 Director's Decision 07.15.2016
Director Decision, July 15, 2016 Exhibits — 233 Home Place LLC ADU - File No. GAPA-03-16-8437 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 Email dated June 23, 2016 From Ron Biggers, Glenwood Springs Fire Dept G Email dated June 2, 2016 from Wyatt Keesbery, Road & Bridge H Letter dated July 6, 2016 from Dennis and Stella Fox Letter dated July 13, 2016 from Jefferson Cheney J Letter received July 14, 2016 from Sherry and Stephen Kennedy re: Fox K Letter received July 14, 2016 from Sherry and Stephen Kennedy re: Cheney L Director Decision M N 0 P Q R S T U 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. / uj Mailed notice was completed on the r day of J V n2 , 2016. 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 clays 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. 0 My application required Published notice. Notice was published on the day of , 2016. ■ Please attach proof of publication in the Rifle Citizen Telegram. ❑ 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: c�G-l2✓i Signature: -E... - Date: /6/) 13 N m N r1 D rr 0 rR m r 0 r - m ru 13 sto r- mr- r-9 0 0 0 0 Cr rri N 1-9 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms GLW/pW: 9r,fitiG8* 0 816Q1 ei Postage' Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) SO Total Postage & Fees $3. (1302 06 Postmark Here 06/22/2016 Sent To 3—e) hp Co lee„, royh Street, Apt. No.; or PO Box No. Li. Cou„...)7 y 1:21 117 City, State, ZJPe4 • I. 0 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our we ite at www.usps.come n 3. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ 0 . Total Postage & Fees $3. 81601 1, 0302 06 Postmark : Here 06/22/2016 Sent To tbliffifr. Street, Apt. No.; o. 15 110 Mi i or PO Box N City, State, ZIP 4 d a V` C PS Form 3800, August 2006 (bv 1 See Reverse for Instructions 0 r-9 co ...n mr- 0 D 0 rl m 0 r- r - U.S. Postal ServiceTM CERTIFIED MAJLTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) GLE: Olr SPING8i, $1 6 Q Pella Certified Fee Return Receipt Foe (Endorsement Required) Restricted Delivery Fee (Endorsement Required) SO . Total Postage & Fees Sent To 47 ./ • 0302 Ij� Postmark Here 06/22/2016 er W.),S,C_ STeL--)Arr Street, Apt. No.; or PO Box Ale 35-x Pi•eti Rd City, State, ZIP+4 PS Form 3800, August 2006 Co lb?) See Reverse for Instructions rR it3 m N Return Receipt rR Mal 0 (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) $0. 1:3 Total Postage & Fees ✓ R Sent To Street, Apt. tter CIAZ:Thi.4..ille21. or PO Box No. U.S. Postal Service.. CERTIFIED MAIL, RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coms, G11014000 SPRINGSri- en 81601 Poe Certified Fee 0302 06 Postmark Here 06/22/2016 rn rR 0 N r-1 r-9 rtl City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructio U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so. Total Postage & Fees Sent To 1,7 77 Postmark Here 06/22/2016 011 s -re- 04- ro, Street, Apt. No.; or PO Box No. q.(,/ Ham. City, State. ZIP+4 wood S - Co- 816.91 PS Form 3800, August 2006 See Reverse for U.S. Postal SerVICeTM CERTIFIED MAILTM RECEIPT in r- (Domestic Mail Only; No Insurance Coverage Provided) T cia For delivery Information visit our website at www.usps.coma X'1.111 1 1 "160 A -13 r-9WW1 M r- 0 Retum Receipt Fee 111111" Postmark 0 (Endorsement Required) Here (Endorsement Requre./.111111 0 Restricted Dell very Fee v 0 r9 Total Postage & Fa illIlli Ir CI M __ PT. T. _V_-_! _ .--..V.T._____Flt_,•?.51AV- --------------------- Sent To rc-13 Siria,Aiit:Th i'i 1 • ---- - ---------- 60 I See Reverse for Met $,J Postage 0302 06 Certified Fee 06/22/2016 PS Form 3800, August 2006 7013 1090 0001 7376 8090 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit aur website at www.usps.coms GLEN4OOD:1' SPRIVOS* CO 81601 Polar:g4 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so. • Total Postage & Fees $3. 0302 06 Postmark Here 06/22/2016 Sent To (.0`) 1(9.hrTU1 Street, Apt. No.; or PO Box No. 41 a Li City, State, ZIP+4 ‘ssit.J PS Form 3800, August 2006 cL 4 ri. 160 See Reverse for Instructions ru 1:0 m N rq Return Receipt Fee r:j (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Ez3 Er $0. Total Postage & Fees m ,-1 m r- U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comb GLEt*IOO I3t .0 -81601 ti PostAcT Certified Fee 0302 Postmark rR Return Receipt Fee Here (Endorsement Required) 3 Restricted Delivery FeO (Endorsement Required) C3 so . Cr Total Postage & Fees C3 m N 06 06/22/2016 Sent To c us) sikiricK -S or PO Box No. treet, Apt No.; G. tez c,Dt4 Bor/ or CD g 1 46 I PS Form 3800, August 2006 U.S. Postal ServjceTM CERTIFIED MAIL,. RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms GLEM1000' -WitsIG8,- CO 81601 Pos Certified Fee m r-1 1:3 0302 06 Postmark Here 06/22/2016 PS Form 3800, August 2006 See Reverse for instructions See Reverse for Instructions 1 1 SHERRY & STEPHEN KENNEDY 6967 TROLLEYWAY PLAYA DB. REY, CA 90293 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS, FOLD AT DOTTED LINE CERTIFIED MAIL,. 111 1 1 11 11 1 7013 1090 0001 7376 8199 SHERRY & STEPHEN KENNEDY 6967 THOLLEYWAY 11-- PLAYA DEL REY, CA 00293 U. RESTAGE at PLA4 DEL REY, CA 60283 JUN,22 , AmouN16T 1000 $6.47R2305-112912808 **004,, Dan C. & Margaret Wadsworth PO Box 8176 Durango CO 81301 9 0 9 3 @7611 straoi SS' Oscar & Betty Matthews 205 State St Alamosa CO 81101 NT XTP R71 SP 1 11$00g/7C*I1 ETURN TO SENDER N SUCH .NUM3ER Apr, EC: 90293761167 *1662-09606-22-39 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT WIVE RETURN ADDRESS, FOLD AT DOTTED LINE CERTIFIED MAIL 11 1 111 11 111 1000 81101 NI XIE o IVSTAGE RA1PD PLAYA DEL REY, CA P223 JUN 22 16 AMDUNT 808 7E 1 $6.47 R2305129l 25-06 2 . •-• , - 2 y g 0006/ 3 16 NOT DELIVERABLE AS ADDRESSED N A Et 1, TO DR.*/ AR D BC: 90293761167 *1862-06095-22-38 1 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1 Article Addressed to: QvFe Y k rhe,,)?/ L:77 t?37 Rtck e 8r. (jwrNcl, Z-ocfiDA) (Ir) c$ SO , 1111111 111 111 1E1 111111111111 Ilii 1 9590 9402 1469 5329 4904 37 COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent ■ Addressee B. Received by (PrInted Name) 0 e of D Ivpry D. is delivery address differentrfrom item 0 Y s If YES, enter delivery address below: p o 3. Service Type 0 Priority Mail Express® 0 Adult Signature 0 Registered MallTM 0 Adult Signature Restricted Delivery 0 Registered Mall Restricted 0 Certified Mail® Deli 0 Certified Mall Restricted Delivery 0 Retum Receipt for 0 Collect on Delivery 2, Article Number (!ransfer from service label) 0 Collect on Delivery Restricted Delivery lsured Maii 7013 1090 0 0 01 7 3 7 6 8 2 0 5 sured$Soo) Maii Restricted Delivery ver Merchandise 0 Signature ConfirmationTTM 0 Srgnature Confirmation Re'utric ed Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 SHERRY & STEPHEN KENNEDY 6987 TROILEYWAY PLAYA DEL REY, CA 90293 aa.IVI it NotkI. L. d Notice OF THE RETURN ADDRESS, FOLD AT DOTTED UNE, CERTIFIED MAIL. 1 1 111 111 1 1 1 7013 1090 0001 7376 8113 Shane W Sherick 2621 Woodberry Drive Glenwood Springs CO 81601 N1XIE Domestic Return Receip 8 o DZp{ S � (7,606-3-..-- mm0 ria 808 4E 8606/30/3.6 N 7 v ATTEMPTED - il !V AR NOT KNOWN CORWARD SC: 90293761167 *2752-f05205-22-43 !ltlittttt(!tt1{t!t1t1:tr1!t!t1{ a1,1t, .1r1a,1t t2,1{!tt:t 11111!11 ru ru cO U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverige Provided) For elts.1:i ery in'ormat!on visit mir website at www.usps.come ARPtKKLEC, 9z1 PostaV Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Requ •tt. Total Postage 3 ClnE Postmark Here 0022/2016 Sent To Street, Apt No.; • t,k) STAT•e or PO Box No. to City, State, Z(P+4 PS Form 3800, August 2006 0 dor I D. - See Reverse for Instructions ru 143 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT Domestic Mail On ; No insurance Coverage Provided) For delivery information visit our website at www.usps.come 7013 1090 0001 737 Po Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $6 Sent To 0302 06 Postmark Here 06/22/2016 0 SCA r 4 13erry MA-Trke_va Street, Apt. No.; or PO Box No. City, State, ZIP+4 A. ?Ai) S A CO • D I See Reverse for Instructions PS Form 3800. August 2006 Lfl N co N m N 1-1 C:3 C:1 crD m D ,1 N U.S. Postal ServiceTM CERTIFIED MALTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms, Postage" Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $1.1. Total Postage & Fees $3.,( 0302 06 Postmark Here 06/22/2016 ,14+AiveS gtiAm.S Sent To 703 vi4Ide...) j2r. A- 0 tk Street Apt. No., or PO Box No. City, State, Z!P+4 • 11, PS Form 3800, August 2006 See Reverse for Instructions 0001 7376 8205 rr" r9 rn N U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come DURANGO, CO Postriticr Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so Total Postage & Fees 16 47 Sent To 0302 06 Postmark Here 06/22/2016 AP C, PlArlprre-"T Street, Apt o., or PO Box No. p 0 B City, State, ZIP+4 N PS Form 3800, August 2006 Li1/41514.rurT See Reverse for Instruct U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma GRANt JUNCTI0tiY(P.043!'A31:+506 PoaTa' Certified Fee ru 1-4 c0N m N r1 0 0 0 0 0 Er 1-1 m r-1 N Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) . Total Postage & Fees $6. 0302 06 Postmark Here 06/22/2016 Sent To f -N treet, Apt. No K • L.). .8.3gsdke.dyt L-% wi .; or PO Box No. L 3 7 R e tor 014 -r- ohi City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instruct U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.come Pos Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) . Total Postage & Fees Sent To 7 77 Street, Apt. No.; or PO Box No. City, State, ZIP+4 0302 06 Postmark Here 06/22/2016 .0. aOc q7D SD .erAuTiD°1 • 7 See Reverse for Instr PS Form 3800, August 2006 EXHIBIT Kennedy ADU GAPA-03-16-8437 KE PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Stephen and Sherry Kennedy LOCATION 233 Home Place, off of CR 117 (Four Mile Road) — Approximately 2 miles south of the City of Glenwood Springs LEGAL DESCRIPTION Lazy Diamond A Subdivision, Lot 3 Parcel Number 2395-033-07-003 ACRES 4.36 -acres ZONING Rural COMPREHENSIVE PLAN FLUM — Residential Medium High (2 to <6 acres per dwelling unit) yon 'Detf nder Exemption Sunlight View Chelyn Acres Queen Sprinyridpe lace secondary unit on the lot. I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit (ADU) on a 4.36 -acre parcel located within the Rural zone district, as shown in Figure 1. The required minimum lot size for an ADU in this zone district is 2 -acres. The subject site exceeds this minimum and therefore qualifies to apply for an ADU. The ADU is limited to 3,000 square feet of finished floor area due to the fact that the parcel exceeds 4 -acres in size. The Applicant proposes to construct a 2,400 square foot ADU with an attached garage. II. DESCRIPTION OF THE SITE A single family home currently exists on the parcel and the owner seeks allowance for a 117 2 0. 1,01113- ittili i _pi Noir 1 MIA 4.111.4" 111 .4/#14; 4, w, a al ""e 4PN mai-Ai 1 Figs re 2 - Future Land Use Map, Medium ium High Density Kennedy ADU Director Decision July 15, 2016 The site is designated as Residential Medium High by the Future Land Use Map in the Garfield County Comprehensive Plan. This designation recommends a density of 2 to less than 6 acres per dwelling unit. The site is 4.36 -acres and therefore two dwelling units on the site is in general conformance with the recommended density. Access to the site is by way of Home Place which is off of CR 117 (Four Mile Road). This road is maintained by the Homeowner's Association of Lazy Diamond A. III. APPLICABLE REGULATIONS A. The Land Use Table contained in Section 3-403 of the LUDC designates an Accessory Dwelling Unit within the Rural Zone 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. 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: 1. Garfield County Road & Bridge, Exhibit : Wyatt Keesbery responded that there were no issues identified by Road & Bridge. 2. Garfield County Vegetation Manager, Exhibit: No response received. 3. City of Glenwood Springs, Exhibit : No response received 2 Kennedy ADU Director Decision July 15, 2016 4. Glenwood Springs Fire Protection District, Exhibit F: Ron Biggers of the FPD responded they have no comment on the request. Public comment has been received from two adjacent property owners as noted below: 1. Dennis and Stella Fox identify numerous issues with the proposed ADU including the ADU creating incompatible density, short-term rentals and impact to property values, Exhibit H. 2. Jefferson Cheney, on behalf of Patricia Hensley, identified concerns regarding the size and location of the proposed ADU. Sunligt View 111 Subject Parcel Hensley Parcel Fox Parcel ery 17ianrarxf A Springridge Place sa Springridge Reserve. r�. Figure 3- Lazy Diamond A Subdivision 3 Kennedy ADU Director Decision July 15, 2016 figure 4 - Aerial of Snhjectand Adjacent Pareel.s Mr. Cheney states that the location of the ADU is closer to the Hensley residence than it is to the existing single family home on the subject parcel. He included photographs, below. Location of Proposed ADU Digin Residence fox 282 Horne Place Home of Nis. Patricia Hensley Figure 5 - Relation of ADU to Adjacent Property 4 Kennedy ADU Director Decision July 15, 2016 \Iain Residence 233 Horne Place Location of Proposed ADU Figure 6 - Relation of ADU to Main Residence 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 Regulations for the Rural Zone District. The proposal meets maximum lot coverages, property setbacks and exceeds the requirement for a minimum lot size of 2 -acres. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The site is located on the Future Land Use Map (FLUM) within the Residential Medium High designation which recommends a density of 2 to less than 6 acres per dwelling unit. The site size will allow the proposed ADU to conform with the designation as it will retain a density of 1 dwelling unit per 2 acres. Section 7-103: Compatibility The proposed use is located within a residential subdivision which is surrounded by other rural residential subdivisions, including Sunlight View and Springridge Place. An adjacent property owner notes that approval of an ADU will cause the character of the area to change due to the appearance of a higher density than typically seen in this, and the adjacent Springridge Place Subdivision. Sunlight View II, to the north, has a higher density with lots just over one acre in size. Lazy Diamond A average lot sizes range from 4.5 to 5 acres. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water A Central Water System exists to serve the subdivision lots. Water comes from the Bershenyi Spring and gravity fed to a pump house, treated and pumped to a 70,000 gallon tank which supplies water for in-house use on the 13 Tots in the subdivision. Irrigation water is from the Atkinson Ditch. 5 Kennedy ADU Director Decision July 15, 2016 The Applicant states that the legal water equals 108.6 acre feet per year and the total estimated water use for the subdivision is 2.21 acre feet per year. Water quality testing has been provided by Zancanella and Associates that indicates compliance with the safe water drinking standards. Section 7-105: Adequate Central Water Distribution and Wastewater The existing single family home is served by an Onsite Wastewater Treatment System (OWTS). A separate OWTS is proposed to be constructed for the ADU, compliant with Garfield County requirements. Section 7-106: Adequate Public Utilities The site is currently served with adequate public utilities. Section 7-107: Access and Driveways The application was referred to the Garfield County Road &Bridge Department and they indicated that there is no issue with the proposal. Section 7-108: Natural Hazards The site does not appear to be located within any mapped hazard area. Section 7-109: Fire Protection The Application was referred to the Glenwood Springs Fire Protection District who had no comment on the proposal. 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. No ditches appear to be impacted by the proposed ADU. Section 7-202 Wildlife Habitat Areas The applicant responded in the application that there are no groves of trees that would be considered wildlife habitat and that no tall fencing will inhibit wildlife movement. Section 7-203 Protection of Waterbodies There are no waterbodies on the site. Section 7-204 Drainage and Erosion Disturbance will be minimal and positive drainage has been designed. Sections 7-205 Environmental Quality Air and water quality will not be adversely impacted by the ADU. 6 Kennedy ADU Director Decision July 15, 2016 Section 7-206 Wildfire Hazards The wildfire hazard in this area is minimal. 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. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Design The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. 2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rules regarding noise abatement. 3. Hours of operation shall be established to minimize impacts to adjacent land uses. C. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zone district. D. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. The application responded that compatible design was not applicable. Staff response is that the location of the proposed ADU is compliant with required setbacks though it appears to be located closer to the neighboring home than to the single family residence on the same lot. See Figure 7 below. 7 Kennedy ADU Director Decision July 15, 2016 Sam Itaa tit Item rrrarr pywrr MIGY+- Iy./!k 0/41101.10 GALL"—"Y... ,... Figure 7 - Site Plan with Adjacent Residence Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated that adequate off-street parking will exists for the ADU and primary dwelling unit. 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. 8 Kennedy ADU Director Decision July 15, 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 permitted for a parcel of 4 acres or greater. Section 7-701.B. Ownership Restriction: The Applicant understands that the ADU is restricted to leasehold interests and may be used for residential 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 4.36 -acres and as a result the minimum lot area requirement of 2 -acres is satisfied. Section 7-701.E. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be located in a separate structure from the primary dwelling unit. As a result, the ADU as proposed will comply with this standard. VI. ISSUES Several of the adjacent owners to the subject site have identified concerns related to the request for an ADU. Staff has evaluated the concerns based upon the criteria for an ADU and has found that the request for an ADU is generally compliant with the code requirements. The location of the ADU does appear to be impactful to the adjacent owner and staff would suggest that the Applicant consider vegetative screening or other means to minimize this impact however the location as proposed is code compliant. Other identified issues related to the additional density that an ADU would allow in the area. The proposed density with the ADU is compliant with the Future Land Use Map contained in the Garfield County Comprehensive Plan. VII. 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 233 Home Place, LLC Accessory Dwelling Unit is in the best interest of the 9 Kennedy ADU Director Decision July 15, 2016 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 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, the application is in general conformance with the 2013 Land Use and Development Code, as amended. Recommended Conditions of Approval 1. All representation of the Applicant contained in the application shall be considered conditions of approval. 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. Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 4. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for the proposed ADU structure. 5. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 6. 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. 10 Kathy A. Eastley From: Ron Biggers <ron.biggers@cogs.us> Sent: Thursday, June 23, 2016 3:39 PM To: Kathy A. Eastley Subject: RE: Referral Request - 233 Home Place ADU EXHIBIT I p. Kathy, After reviewing this application GAPA 03-16-8437 I/we Glenwood Springs Fire Department staff do not have any comments to make on it. Thank you for sending it to us to review and comment on. Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives!!! 970-384-6433 Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Content cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Thursday, June 02, 2016 11:58 AM To: Wyatt Keesbery <wkeesbery@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; Andrew C McGregor <andrew.mcgregor@cogs.us>; Ron Biggers <ron.biggers@cogs.us> Subject: Referral Request - 233 Home Place ADU Greetings Everyone, The Garfield County Community Development Department has received a land use application for the development of an accessory dwelling unit on a 4.36 -acre parcel in Lazy Diamond A Subdivision. You are receiving this email because you are a referral agency or interested party that may have an interest in reviewing and commenting on the application. The County is requesting your comments no later than June 24, 2016 so that those comments can be considered by the Director of Community Development on making a decision on the request. The attached form provides you details on how to access the applications on line. Please review those instructions and then email your comments to me at keastley@garfield- county.com Please feel free to call me at 970-945-1377 ext. 1580 if you have any questions about the requested review and locating the applications on the County system. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com 2 Kathy A. Eastley EXHIBIT G From: Wyatt Keesbery Sent: Thursday, June 02, 2016 2:43 PM To: Kathy A. Eastley Subject: RE: Referral Request - 233 Home Place ADU No issues from Road and Bridge Wyatt From: Kathy A. Eastley Sent: Thursday, June 02, 2016 11:58 AM To: Wyatt Keesbery; Kelly Cave; Andrew C McGregor; rbiggers©ci.glenwood-springs.co.us Subject: Referral Request - 233 Home Place ADU Greetings Everyone, The Garfield County Community Development Department has received a land use application for the development of an accessory dwelling unit on a 4.36 -acre parcel in Lazy Diamond A Subdivision. You are receiving this email because you are a referral agency or interested party that may have an interest in reviewing and commenting on the application. The County is requesting your comments no later than June 24, 2016 so that those comments can be considered by the Director of Community Development on making a decision on the request. The attached form provides you details on how to access the applications on line. Please review those instructions and then email your comments to me at keastley@garfield- county.com Please feel free to call me at 970-945-1377 ext. 1580 if you have any questions about the requested review and locating the applications on the County system. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com 1 JUL 1 2 201E DENNIS & STELLA FOX 0244 HOME PLACE GLENWOOD SPRINGS, CO 81601 July 6, 2016 Department of Community Development, Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: 233 Home Place — Lazy Diamond A Subdivision Lot 3 — Kennedy ADU Application HAND DELIVERED As nearby neighbors living at 0244 Home Place, we feel compelled to respond to the aforementioned ADU application as it directly impacts our home, neighborhood and quality of life. With respect to the aforementioned application we respectfully request the County deny such ADU application for the following reasons: 1. Incompatible with Existing Surrounding Properties - approval of this application would effectively result in reducing the existing neighborhood comprised of 4 to 5 acre parcels down to approximately 2 acre parcels without having to go through any re -subdivision process. This is nothing more than a short-cut approach to sub -dividing the lots in half. Admittedly, it is not a "legal" subdivision so naturally when they sell the property it has to be sold as one legal parcel. However, operationally it realistically functions as a two (2) acre subdivision — totally inconsistent with the surrounding properties, constituting a substantial departure from the original subdivision design, and most importantly, at a minimum doubling the density of this quiet rural subdivision. Density could be tripled, or worse, depending on the actual use of the structure and its design. 2. Stressful Impacts on HOA Services & Amenities — the increase in density triggers significant impacts on the HOA responsibilities and obligations in every respect. Additional road usage and related damage will deteriorate the privately HOA maintained Lazy Diamond A roads, (which are already in marginal condition). Additional demands on the privately maintained water system will also occur, yet the Kennedy's will still pay only 1 set of the HOA dues while creating twice the impacts and receiving twice the amount of services as their neighbors - clearly shifting the cost and burdens of their ADU on to the neighboring property owners without their willingness and approval. 3. HOA Management Difficulties — this subdivision has strict view plane protections in place which have been nearly impossible to satisfy under the existing density. Presuming the remaining property owners are due equitable and similar ADU treatment, it would be virtually impossible to double the density of this subdivision without triggering lawsuits amongst the neighbors and the HOA. 4. Dangerous Precedent - should the county approve this individual ADU application it would be only natural that others in the Lazy Diamond A Association (and throughout rural Garfield County for that matter) to apply for ADU applications in order to maximize the economic potential of their real property. This would even further exacerbate the aforementioned negative effects and impacts on the Lazy Diamond A HOA and also make it very inequitable for the County to deny future ADU applications when it has already approved such in this instance. The approval of just one application may result in an entire subdivision of 5 acre parcels being downgraded to a bunch of 2 acre parcels. It is easily foreseeable that a natural outgrowth of the Commissioner's recent decision to open rural Garfield County to unrestricted mini -motel usage (aka Short Term Rentals) would naturally bring an onslaught of ADU applications. Is the County willing to approve the onslaught of upcoming ADU applications (not only in Lazy Diamond A, but throughout the county)? This has the potential to drastically change the landscape of rural Garfield County as VRBO's become more and more popular. We believe it is prudent for the County to be "more" restrictive with respect to ADU applications rather than "less" restrictive. Also, remember that short-term rentals (mini motels) do nothing to assist in addressing any affordable housing concerns; rather, they produce just the opposite effect by actually reducing the number of affordable long-term rentals available. 5. Short -Term Rentals (mini motels) — the County's recent liberalized amendments to the county land use and development code with respect to short-term house rentals, only further drives up the impacts and costs on our neighborhood from the additional usage caused by more people coming and going on a constant short-term basis. Our neighborhood is intended to be a residential subdivision and was never intended to be turned into a bunch of mini motels. It is our understanding that the Kennedy's existing house at 233 Home Place has already been advertised and operated as a short-term rental and approval of this ADU would now add a second motel property usage on this lot. Strangers coming and going on a weekly basis, in and out of our neighborhood is totally incompatible with the existing residential neighborhood atmosphere. Garfield County has commercial zoning for this purpose and it should be utilized as such. I can understand our County Commissioners allowing the unrestricted onslaught of mini motels into our rural countryside, but I doubt their intent in allowing short term rentals contemplated stimulating property owners to modify their property in order to maximize their rental income. The obvious solution to the Kennedy's need for additional rental income is to sell their property at 233 Home Place and purchase multi -family housing where it is already approved. The Kennedy's originally purchased and utilized their property as their primary residence for many years knowing full well the nature of the neighborhood and the limitations on structures. Now, as absentee owners, their use of this property has converted from residential purposes into a self-serving, maximization of their business profits purpose without regard for the impact on the neighborhood in which they no longer reside. We ask that the County please respect the original intended use and layout of this rural subdivision. 6. Devaluation of Neighboring Properties — the property values in this area are largely derived from (scarce) 5 acre lot sizes and related open space, with minimal structures that are not only aesthetically pleasing but also offer various wildlife corridors for the deer and elk migrating from summer and winter pasture. Increasing the density in this neighborhood would only serve to devalue all the neighboring homes in an unfair and unjust fashion and further negatively impact the wildlife. Already this spring, it is our understanding that Colorado Parks and Wildlife have eliminated a bear problem in our area. In conclusion, we find no positive neighborhood impacts from the approval of this ADU — only negatives. Approval of this application unilaterally shifts the costs and burdens to the remaining neighbors while the Kennedy's receive only and all of the economic rewards. We appreciate the opportunity to be heard and hope that you will give serious consideration to the concerns we have outlined herein and DENY this application request. Thank you. Sinc Dennis & tella Fox 0244 Home Place Homeowners Lazy Diamond A Subdivision LAW OFFICE OF JEFFERSON J. CHENEY LLC P.O. Box 322 New Castle, Colorado 81647 Office: (970)205-9270/Cell: (970)319-6356 lawofficeofjeffersoncheney@gmail.com July 13, 2016 Garfield County Community Development Attn: Ms. Kathy Eastley 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 VIA Regular Mail & Email: keastley@garfield-county.com Re: File No. GAPA-03-16-8437-Application for ADU by Stephen & Sherry Kennedy for 233 Home Place, Glenwood Springs, Colorado 81601; Section: 3, Township: 7, Range: 89, Subdivision: Lazy Diamond A, Lot: 3 Dear Ms. Eastley: The purpose of this letter is to lodge a letter of opposition to an application made by Stephen and Sherry Kennedy for a permit to construct an Accessory Dwelling Unit ("ADU") on behalf of my client, Patricia Hensley, owner of 282 Home Place, Glenwood Springs, Colorado 81601. I should point out that according to the Garfield County Assessor's record, the actual owner of 233 Home Place is "Home Place, LLC". Ms. Hensley purchased her property at 282 Home Place nearly one year ago and spent a significant amount of money for this home. Prior to this purchase, Ms. Hensley engaged in a substantial amount of due diligence as a buyer of 282 Home Place and would not have fathomed that in less than one year's time, the owners of 233 Home Place would construct a 3,000 square foot ADU closer to her home than the actual main residence of 233 Home Place. After reviewing the application and materials submitted in support thereof, Ms. Hensley has a number of concerns which I outline as follows: 1. Size of the ADU-Although the Land Use Change Permit Application describes the project as a "detached 2,400 square feet Accessory Dwelling Unit over a garage", the practical description of the project in the Notice provided describes the project as a "3,000 square foot Accessory Dwelling Unit." This is a substantial structure which will be two-story and the twenty-five feet (25') height of the midline of the roof will obstruct the second floor bedroom views of Ms. Hensley at 282 Home Place. In fact, this structure is nearly as big in square footage as the main residence. 2. Location of the ADU-The proposed site plan locates the ADU just one hundred feet (100') feet from Ms. Hensley's home. It appears that the location of the ADU proposed for 233 Home Place will be closer to Ms. Hensley's home located at 282 Home Place than the main residence on 233 Home Place. I include pictures below to demonstrate this point. July 13, 2016 Letter to Garfield County Community Director-GAPA-03-16-8437 Page 2 of 3 Main Residence 233 Home Place Location of Proposed ADU Main Residence 233 Home Place Location of Proposed ADU July 13, 2016 Letter to Garfield County Community Director-GAPA-03-16-8437 Page 3 of 3 Location of Proposed ADU Main Residence for 282 Home Place Home of Ms. Patricia Hensley As is clear from the above photographs, the proposed ADU is closer to Ms. Hensley's home (282 Home Place) than the actual main residence of 233 Home Place. With nearly five (5) acres of property, there is ample room to locate an ADU on 233 Home Place in a different location not not so closely abutting the adjacent property -282 Home Place. Some of the Review Criteria referred to in the Garfield County Land Use Code are relevant to this fact. In particular, in Chapter Four Section 4- 106(C), it is important that a change "not alter the basic relationship of the development to adjacent property." The location of the proposed ADU on 233 Home Place substantially alters the relationship relative to 282 Home Place, which is adjacent property. In summary, my client respectfully requests the Community Development Director deny the application as is proposed based upon it's size and location. Any questions regarding this correspondence may be directed to the undersigned. Respectfully, //Original Signed// Jeff Cheney Attorney for Owner of 282 Home Place SHERRY & STEPHEN KENNEDY 6967 TROLLEYWAY PLAYA DEL REY, CA 90293 970-379-8552 July 13, 2016 Kathy Eastley Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 EXHIBIT IJ Re: 233 Home PI ADU application Dear Kathy, In response to Dennis and Stella Fox's letter dated July 6, 2016, requesting a denial of our proposed ADU, we would like to address each item in their letter. 1. We are not subdividing our property into smaller parcels. Our CC&R's allow for the construction of a `separate guest house' (ADU), which would therefore not be a "departure from the original subdivision design". In addition, the density in our subdivision will not be doubling from what it has been in past years. When all of our neighbors had kids, the density was more than double the current density. 2. The two of us plan on occupying the guest house for 6 months per year, and since there will be no increase in density from what it has been in the past, there will be no significant impact on HOA Services, i.e. road and water usage will not increase. Also, since mail, trash and utility services already exist to the property, the only additional road use would be our personal vehicles going to and from the property. 3. Addressing "HOA management difficulties", stated by the Foxes, again, we are not doubling the density of our subdivision by constructing this guest house. I have been on the Architectural Control Committee for 20 years and because the lots were sold without preexisting building envelopes, I am very aware of the difficulties and negotiations necessary to locate structures. The same procedures of approving plans and location of this structure, will be no different than anyone else has experienced in the past. 4. We do not plan to rent out this ADU either short term or long term, as we plan on living in it ourselves for 50% of the time, with it remaining vacant the other 50%. The dialogue in Fox's item #4, is an obvious tirade of "I've got mine, but you can't have yours" mentality. 5. We do not plan on renting either the main house, (which we currently have a one year lease on) or the proposed ADU, as short term rentals. As stated above, we plan on living in it ourselves for 6 months/year, which will not "increase our rental income". When we purchased our property, the CC&R's allowed for a guest house and those rules still remain in place. Here is the excerpt from our Protective Covenants dated July 6, 1992: 3.1 No more than one (1) detached single family dwelling and separate guest house shall be erected upon any lot, except for such accessory building and structures which are now located on Lot No. 1, and except for one (1) attached or detached garage on each lot for not more than four (4) automobiles and one (1) barn on each lot for domestic animals so long as animals are not raised for commercial purposes. Any such separate guest house shall be subject to the permitting requirements of Garfield County. When purchasing our properties, both the Fox's and ourselves, knew that guest houses were allowed in our subdivision, and by constructing it, we are not changing the intended use or layout of our subdivision, since it allowed for them since it's inception. 6. Again, the objection that we are increasing the density of our subdivision is unfounded. 15 years ago on our street alone, there were 22 people living there. Today that number is 10, which is Tess than half. Constructing this guest house, will increase the value of our property and therefore, all other neighbors properties, as well. We respectfully disagree with the intention of Dennis and Stella Fox's letter, to deny us our application request, as we have followed all rules and requirements in applying for this permit. Sinc-rely, Stephen & Sherry Kenned SHERRY & STEPHEN KENNEDY 6967 TROLLEYWAY PLAYA DEL REY, CA 90293 970-379-8552 July 14, 2016 Kathy Eastley Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: 233 Home PI ADU application Dear Kathy, EXHIBIT In response to the letter dated July 13, 2016, from the Law office of Jefferson J. Cheney LLC, written on behalf of Patricia Hensley, owner of 282 Home PI., requesting a denial of our proposed ADU, we would like to address each item in this letter. The owner of our property is 233 Home PI LLC, and we are authorized to act on behalf of the LLC. 1. Under current Garfield County Land Use Code, properties of 4 acres or more, are allowed a maximum of a 3,000 sq ft ADU. Since we do not currently have plans drawn, we established the maximum building envelope of our proposed ADU, however, we plan on building an 1,800 sq ft ADU over a garage/storage area, subject to all Garfield County budding requirements and all required setbacks. Mr. Cheney states that our proposed ADU would be as big as our main house, however, our main house is 5,000 sq ft and the ADU will not be anywhere near that size. 2. In regards to the location of the proposed ADU, this location was selected to have a minimum environmental impact in connecting to the existing utilities and road access. Location will also need to be approved by our subdivisions Architectural Control Committee. In summary, our subdivisions CC&R's allow for the construction of a guest house (ADU), which Pati Hensley should be aware of when she purchased her home and this has been a long term plan of ours since we purchased our property in 1992. We respectfully disagree with the intention of Mr Cheney's letter, to deny us our application request, as we have followed all rules and requirements in applying for this permit. Sincerely, A'- K—'7 Stephen tep en & Sherry Kennedy July 15, 2016 EXHIBIT i L Garfield County 233 Home Place, LLC Stephen and Sherry Kennedy 6967 Tolleyway Playa del Rey, CA 90293 sherrylynnkennedy@gmail.com Reference: Kennedy ADU Garfield County File Number GAPA-03-16-8437 Dear Mr. and Mrs. Kennedy; This letter is being provided to you as authorized representatives of 233 Home Place, LLC,in regard to a General Administrative Review Application for an Accessory Dwelling Unit at 233 Home Place. The proposed use is located south of Glenwood Springs off of CR 117. The site is also known by Assessor's Parcel No. 2395-033-07-003. The Director's Determination on the Application is based on the following findings and subject to the Applicant's submittal documents and representations as well as conditions of approval. 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 233 Home Place, LLC 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 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, the application is in general conformance with the 2013 Land Use and Development Code, as amended. Kennedy ADU Director Decision, July 15, 2016 A Director's Decision is hereby issued approving the Application with the following conditions. 1. All representation of the Applicant contained in the application shall be considered conditions of approval. 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. Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 4. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for the proposed ADU structure. 5. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 6. 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. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for public hearing. According to the Land Use and Development Code, Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sincerely, ----74T-1,S34/......------- Frederic A. Jarman, AICP Deputy County Administrator CC: Board of County Commissioners file 2