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5.0 BOCC Staff Report 03.16.2015
Garfield County Board of County Commissioners Public Hearing Exhibits — General Administrative Land Use Change Permit — Call Up Robyn Starr - Accessory Dwelling Unit (GAPA-8132) March 16, 2015 (Continued to April 20th, May 18th, June 8th and June 22, 2015) Exhibit # Exhibit Description 1 Public Hearing Notice Information Form and Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Supplemental Staff Memo (dated 3/9/15) 6 Call Up Request Letter from Richard Daily (dated 1/26/15) 7 Director's Decision Letter (dated 2/9/15) 8 Staff Presentation 9 Staff Report (dated 2/6/15) 10 Referral Comments from Garfield County Consulting Engineer 11 Referral Comments from City of Glenwood Springs 12 Referral Comments from Glenwood Springs Fire Department 13 Referral Comments from Garfield County Road and Bridge 14 Referral Comments from West Glenwood Springs Sanitation District 15 Referral Comments from Garfield County Vegetation Management 16 Referral Comments from Colorado Parks and Wildlife 17 Public Comment from Niels and Joy Jepsen 18 Public Comment from Dorothy Snearly 19 Public Comment from Andrea Turner and Eric Seifert 20 Public Comment from Adriana Hire 21 Supplemental Response Letter from Robyn Starr 22 Supplemental Memo from the Applicant's Engineer (dated 2/5/15) 23 Public Comment from Lorra Nichols and Jimmy Kucera 24 Public Comment from Michael and Holly Kluth 25 Supplemental Submittal from Applicant on Floor Area Calculations 26 Public Comment from Albert and Paula Mischlich 27 Supplemental Email and Memo from the Applicant's Engineer (2/13/15) 28 Supplemental Memo from the Applicant's Engineer (dated 12/5/14) 29 Survey Exhibits presented by Surveyor Sam Phelps 30 Continuation memo (4/13/15) & Continuation Request by Applicant (4/10/15) 31 Continuation memo (5/11/15) & Continuation Request by Applicant (5/11/15) 32 Letter from Richard Daily 33 Memo from the County Surveyor 34 Supplemental Application Materials dated May 29, 2015 submitted by Loyal E. Leavenworth, Leavenworth Consulting LLC including "Improvement Location Survey Plat" 35 Updated Staff Memorandum dated June 1, 2015 36 Supplemental Email from County Surveyor dated June 1, 2015 37 Updated Site Plan from Applicant's Engineer — Brian Kurtz 38 Letter from Richard Daily, dated 6/4/15 39 Additional survey information and copy of Western Hills Plat from the Applicant's Representative, Leavenworth Consulting LLC 40 Supplemental Staff Memo 41 Supplemental Site Survey Maps and Diagrams, presented by Sam Phelps Garfield Cou EXHIBIT 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. VMy application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the o2 Cu day of rt�ckkacy , 2015. ✓r 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 th Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2015. , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. testify that the above information is true and accurate. Name: Y?rool'. 1/01W 421( Signature: I).-eA. v`-'.(A2hold` Date: 2 p2(9 -1 1 CEfTIFIED MAIL® RECEIPT Domestic mail Only. For delivery information, visit-ourA �: �=* w►vw.usp Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees MEM ,ME ME= ibisPostmar Here 02/2Al2:.15 Marina Ortiz -. 524 Highway 133 Carbondale, CO 81623 U.S. Postal Service, CERTIFIED MAIL°''REC Domestic Mail Only For delivery information, visit o pyebsite at u •^•, r/sps.com®. Postage Certified Fee WAS Return Receipt Fee OEM • (Endorsement Required) Restricted Delivery Fee _ (Endorsement Required) Total Postage & Fees 111111212 x, 16 Lynn A Wilson 475 Mountain ShadowsD .1 Glenwood Springs, CO 8 mark Here l 1s 01, r ,TN Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Ksana Kyd & Mangy B` Cog 1212 Cooper Ave. ,r-- n41Mil y Forslelivery information,, visit • r,t,ebsite:a+,rryvv. :Ns rrrnO • Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 3 t $ 10. $3 10. $$0.017 $ Yt1 v'a i; 0_3 Postmark 5 Here Robyn Starr 425 Mountain Shadows Dr. Glenwood Springs, CO 81601 ityl�� m D-' D f`- U.S. Postal Service"' CERTIFED MAIL° RECEIPT Domestic Mail Only Postage Certified Fee r -A t= Return Receipt Fee D (Endorsement Required) D Restricted Delivery Fee D (Endorsement Required) c13 Total Postage & Fees a D D D- D 1820 0001 7464 =bsite at.www.usps.com5. 19 Postmark B 2 6 7115 02/76/2015 Ruth E Lubc vasf 3702 Mountain Shac o CO 81601 Glenwood Springs, O' WOUir PRTN ;_ .GiO 8.1'k ." WAN051,1 MEM MEE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees t 2Q15 Postmark Here Dale B & Dorothy D. Snearly 473 Mountain Shadows Dr. os a entice CERTIFIED,{MAIL® RECEIPT LbomestAlail OnlVTy .moi -a -a T� 478411ve" "y�`tnwTfirtna rYsi dinieFs��re,t. wwwdsN� t::R eft Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ 3.30 F a ,00 0538 BO.6 �Q15 Postmark Here � Total Postage & Fees $ $3,79 "' ' �;%r • Sally M & Robert N Fuller 48 Creekside Court Glenwood Springs, CO 81601 RING Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 02/26PolO1 Andrea Turner 459 Mountain Shadow Dr. Glenwood Springs, CO 81601. rr1f ,-.1x(4 7' 1 i-' C 8';,.602 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ©p SPR! "` $3.79 Berta Klein P.O. Box 553 Glenmood Springs, CO 81602 FEt3IS 711qq 615 0001 7464 1011 D rU r0 rR P - CLEM El SPRUNGS CO 81601 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees C: Postmark 61-115 02/26/_0 Ariana Hire X6'311` 1645 Lincolnwood Dr. Glenwood Springs, CO 81601 D D aI GLEN s1,_til .3r, I; -, 1 6; N I Certified Fee = r rq D Retum Receipt Fe ) �� D (Endorsement Require D Restricted Delivery roFe) 11111105� (Endorsement Required 1111 n-1 43 Total Postage & Fees $ .' e t`? a Niels R & Joy S Jepsen 461 Mountain Shadows Dr. Glenwood Springs, CO 81601, ra D D ti r� a D N E,;310UD SPRINtia C Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Mike Kluth 388 \fountain Shadows Dr. ct) I=3 tr .J3 N rl0 0 0 0 ru U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only ;!, For delivery information, visit our wee!+e t1,NYVI/A • r -q 1. GL 101, Postage $ Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $1„ Total Postage & Fees $ $379 Kulin & Klein Hughes 0 cio righttn Lockard & Schaub -Stevens & et al N P.O. Box 553 Glenys ood Springs. CO 81602 N 7014 1820 0001 rI co - • ' -4c-11 61 110:01103 SPRIttiS CO 81' 0 0 0 0 ru 1-4 r1 0 N Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees V.79 Thomas J & Polly S Towey P.O. Box 787 Glenwood Springs, CO 81602 GLENWOOP SPRIN6S CO 2' Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0533 1113rk Here rr m rr 0 ...a 0 r -q 0 0 James L Kucera & Lorra Nichols 366 Mountain Shadows Dr. Glenwood Springs, 81601 or ingructions 7014 1820 - §: Postal ServuceTM E T MAIL® RECEIPT o ii9,47/L FOFT TN'S CO BO"'' Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Susan Burleigh 331 Garfield St. Fort Collins, CO 8052-1 cr cifatt-,U*', 1,1:01,6 -G41;11 -r ' ^ `v GI wow spfnus. 0 N rR 0 0 0 ru %/4•6:.'k15 Jeff & Stacy Ehler 751 Dry Park Rd. Glenwood Springs, CO 81601 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ru ru o- Total Postage & Fees P - 0 0 1:3 D ru rR0N • Domestic Mail OnIy- rdeIl,ery Information, visit ourwebsite• ARB-YLE T 76226 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $379 0538 11,S os trnark Here A2126/846 Jeff & Stacy Ehlers 800 W. Jeter Rd. ,Bartom ille, TX 76226 = col; i sti N L)kS'N 00 j For delivery inforrnaticin, iiiiir,websitv et vArrv.,):(sT/s.e.:,.),r 00 „,,q11 GLEI*OV. SPR1N$S C 81601 Postage Certified Fee C3 Return Receipt Fee D (Endorsement Required) C-3 D ru0 43 Total Postage & Fees $ $3 279 tj.,: '72(..81 Restricted Delivery Fee (Endorsement Required) $ 30.4 tJ $0 .0, • 10.00 Co%r°13 OMR Postmark Here N 00 D —0 r -q I:3 D D ru 00 D rq N Jeannie G & Eugene J Witz 464 Mountain Shadow Dr. Glenwood Springs, CO 81601 6LEN40111 8E!RIP5S t0S Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Mitchell Creek Homeowners Association - c/o K Wiencek 123 Creekside Ct. Glenwood Springs, CO 81601 '0.00 $, 30 $ $3.79 0538 1-1% IN/Y3 Postmar Here 7464 0977 C3 D D nJ 00 I-4 rqD N UDWOD SPRIa3 CO $140 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $3.79 24160 Stacy & Kelsey Ehlers 751 Dry Park Rd. Glenwood Springs, CO 81601 Aim= 00 r- 00 , -Jo ,-4 D D t=1 ru GUXWOOD RINGS co a Postage Certified Fee Return Receipt Fee .ndorsement Required) Restricted Delivery Fee (Endorsement Required) 143 Total Postag^ E FOPS e-1 Lewis B Jr. & Charlsey J Ward 281 Ponderosa Dr. r- 00 C:3 Glenwood Springs, CO 81601 6LEN0.1) SPRiN $0 r -R D D D rU cO 1-R Jennifer & Don Cutright r- 173 353 Mountain Shadows Dr. Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0538 6310$ 1-‘ s mark Here 02f26/j. Glenwood Springs, CO 81601 Et, 7014 2870 0000 5746 2773 P+dIZ `e1e1S APO 3 �y� EXHIBIT 1 ‘ Garfield County MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: March 9, 2015 Community Development Department SUBJECT: Call -Up Request Regarding the Director's Decision on the Robyn Starr Accessory Dwelling Unit (ADU) Land Use Change Permit Request (GAPA-8132) A. BACKGROUND- PROCESS On February 9, 2015, a Director's Decision Letter was issued for conditional approval of a General Administrative Land Use Change Permit for the Robyn Starr Application for an ADU located on her property at 0425 Mountain Shadows Drive in West Glenwood Springs. The Decision included a number of conditions of approval addressing a variety of issues including engineering, driveway standards, zoning code compliance, and utility services. The property is zoned Residential Urban and meets the code requirements for minimum lot size for requesting the ADU. The County received a Call Up Request from an adjacent property owner prior to the expiration of the call up permit and on February 17th at a public meeting the Board of County Commissioners voted to schedule a public hearing before the Board for consideration of the Application. The hearing was set for March 16th and public notice for the hearing as required by the Land Use and Development Code has been completed. The public notice requires mailing by certified letter to adjacent property owners within 200 ft. and any mineral rights owners on the subject property. B. CALL UP — REQUEST The Call Up request letter was submitted by Richard Daily, attorney for the neighboring property owners Thomas and Polly Towey who own property at 377 Mountain Shadows Drive. A copy of the letter is included in the Board's Packet. 1 Concerns noted in the letter include the use being another single family residence, driveway issues, future potential uses of the property, utility provisions, boundary/surveyor staking, access, parking and over use of the existing public street. C. PACKET INFORMATION The following information has been included in the Board packet for your review. • Copy of the original complete ADU application submitted by Robyn Starr • Copy of the Call Up Request Letter • Copy of the Director's Decision Letter — dated 2/9/15 • Copy of the Staff Report for the Director's Decision including Exhibits and Referral Comments • Copies of public comment letters D. SUPPLEMENTAL STAFF ANALYSIS — DIRECTOR'S DECISION 1. Staff Report addresses key issues and compliance with required standards contained in Section 7 of the Land Use and Development Code. See the report for detailed discussions of the key topics summarized here: a. Slopes, geologic hazards, retaining walls and related conditions of approval. b. Requirements for updated drainage plan pursuant including demonstration of no impact on adjoining properties. c. Access driveway layout including the waiver request to allow 13% grade for a section of the driveway and elimination of encroachments onto the neighboring property addressed by amendments to the site plan. d. Utility services and payment of all required tap fees. e. Provision of adequate code compliant parking and the condition requiring that all off-street parking as shown on the site plan be maintained. f. Verification of compliance with floor area maximum addressing the code allowance for exclusions from floor area for "utility rooms". g. Compliance with general zone district standards such as minimum Tots size and setbacks. h. Applicable provisions of the Comprehensive Plan and referral comments from the City of Glenwood Springs. 2. The Approval Criteria for Administrative Review Applications (Section 4- 103.C) requires compliance with applicable standards of the code. Section 7-701 contains specific standards applicable to ADU's (see excerpt below). 2 7-701. ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. F. One per Lot. One Accessory Dwelling unit which is subordinate to a Single -Unit (primary) dwelling unit is allowed per legal lot. 3. Public comments have identified a number of compatibility issues and concerns. Many of the conditions of approval from the Director's Decision letter are intended to ensure code compliance and compatibility. Section 7-103 of the Land Use and Development Code sets forth a general standard for compatibility. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. 4. The topic of potential changes in uses on the site has also been raised in the public comments. While the potential for changes in use are not a specific approval criteria, changes in the existing principal use of the property which is a single family residence may result in the need for additional land use change permitting. E. BOARD OF COUNTY COMMISSION ACTION Option A: Uphold the Director Decision for Conditional Approval The Board can direct staff to prepare a resolution upholding the Director's Decision for approval with conditions, including the findings and the conditions of approval from the Director's Decision Letter (see attached letter). 3 Option B: Modify the Director's Decision including Conditions of Approval The Board can direct staff to prepare a resolution for approval based on the findings and conditions of approval from the Director's Decision with edits or additions to the conditions of approval per direction and formal motion by the Board. Option C: Overturn the Director's Decision Should the Board wish to overturn the Director's Decision and deny the Application, the Board may formalize a motion directing staff to prepare an appropriate resolution. Said resolution would contain findings consistent with the Board's motion. 4 EXHIBIT I RICHARD L. DALLY ATTORNEY AT LAW 4601 DTC Blvd., SUITE 950 DENVER, COLORADO 80237 TELEPHONE TELECOPIER (303) 446-0100 (303) 571-1806 January 26, 2015 Glenn Hartmann Senior Planner Garfield County - Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Robyn Starr Accessory Dwelling Unit Administrative Review (GAPA-8132) Dear Mr. Hartmann: Thank you for speaking with me today regarding the above Application and attachments. I represent Adjacent Property Owners Thomas J. and Polly S. Towey (Toweys), at 377 Mountain Shadows Drive, Glenwood Springs, CO 81601 who first received notice and copies of the referenced Application and attachments on this date by securing the materials themselves at the GARCO Community Development Office. As indicated in our conversation yesterday, we note that the Application is dated October 22, 2014 and your Office's Pre -Application Summary is dated earlier on May 21, 2014, and until today Toweys have had no other notice of this Application. Under these circumstances, and under the provisions of Garfield County Land Use and Development Code 4-112, Adjacent Property Owners Toweys request that a call-up be initiated to the Garfield Board of County Commissioners, and that appropriate Public Meeting be scheduled. Initially, we have several observations of concern regarding the Application after a brief examination and review: 1. The proposed "Accessory Dwelling Unit" is not such a unit. It is upon early review simply another house proposed to be built on a lot not zoned for such. 2. The vicinity map provided is inaccurate and insufficient. The affected area has many conflicting lot boundaries and improperly marked property boundary lines. An apparent surveyor's staking on the property is not accurate. 3. The proposed driveway use is code non-compliant, and the altemate proposal of added driveway is disallowed on a lot that already has one driveway. A site study is urged. 4. The proposed use is suspect. It is believed that the true intended use is for a multi -family boarding house in violation of zoning regulations. Utility provisions are insufficient for any such use. 5. The public street in this area is already greatly over -used. It is essentially an historical dead-end street. The residents are already forced into illegal vehicle uses and parking. Adding additional residents in an already over -populated neighborhood is unwise, to say the least. Considerable further study is recommended. The above comments are general and made on one day's notice. We look forward to follow-up with you and staff. I will contact you soon to make that arrangement for further review. Thank you again for your considerations. Very truly yours, /s/ Richard L. Dally RLD/kkb cc: Toweys February 9, 2015 EXHIBIT 7 Garfield County Robyn Starr 0425 Mountain Shadows Dr. Glenwood Springs, CO 81601 Community Development Department RE: Starr ADU Administrative Review Director's Decision (File No. GAPA-8132) Dear Robyn: This letter is in regard to your Application for an Administrative Land Use Change Permit for an Accessory Dwelling Unit (ADU) located at 0425 Mountain Shadows Drive. The Application requested a 1,500 sq.ft. ADU on your 0.56 acre property. The property is also known by Assessor's Parcel No. 2119-343-00-005. Your Application has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on the following findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Robyn Starr Administrative Review Application for an 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. 1 5. That with the adoption of conditions and granting of a waiver from Section 7-107 Roadway Standards, related general standards and grade, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. The Director's Decision is hereby issued approving the Application subject to the following conditions: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The Applicant shall comply with Standards for ADU's contained in Section 7-701 of the Land Use and Development Code. 3. Prior to issuance of the Land Use Change Permit, the Applicant will provide mapping of any noxious weeds found on the site and submit a weed management plan for approval by the County Vegetation Manager. 4. A waiver from the Roadway Standards contained in Table 7-107 allowing the proposed driveway to serve the ADU is approved subject to the Applicant providing, prior to the issuance of the Land Use Change Permit, an engineer's opinion letter indicating that the driveway will be adequate to serve the addition of the ADU. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an updated floor plan for the entire structure, drawn to scale, that demonstrates compliance with the maximum floor area of 1,500 sq.ft. Exclusions from the floor area calculation can be allowed subject to the code definition including for a "utility room". The current plans showing a utility closet off of an entry corridor is not consistent with the code. 6. At the time of building permit review the Applicant shall provide an updated drainage and grading plan including but not limited driveway drainage. The plan shall be subject to review and approval by the Building Department and shall address mitigation for potential debris flow. The plans shall demonstrate no drainage impacts on adjoining properties. 7. An engineered foundation shall be required for the ADU and the building permit application shall demonstrate compliance with the recommendations of the soils analysis by H.P. Geotech, dated 9/17/14. The Applicant shall comply with the recommendation for onsite inspections. 8. The ADU shall be required to meet all Garfield County Building Code Requirements and demonstrate compliance with all zoning requirements including building height and setbacks. 2 9. At the time of building permit the Applicant shall provide the following: a. Engineering plans for retaining walls and slope stabilization. b. Use of code compliant, down directed and shielded lighting. c. A driveway access permit from the County Road and Bridge Department. 10. At the time of building permit the Applicant shall demonstrate payment of all required tap fees for water and sewer and shall install all service lines in accordance with the rules and regulations for the City of Glenwood Springs and the West Glenwood Springs Sanitation District. 11. At the time of building permit the Applicant shall provide plans for extending electric service to the ADU and shall comply with all rules and regulations of the City of Glenwood Springs Electric System. The service extension shall be below grade. 12. The Applicant shall maintain all off-street parking areas for the existing residence and the ADU as shown on the site plan. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call-up period shall expire on February 19th. Once the call-up period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved the Land Use Change Permit will be issued. Pursuant to the Land Use and Development Code, the Applicant has one year from the date of the Director's Decision to satisfy all conditions of approval or request an extension. Please contact the Community Development Department if you have any questions regarding the Director's Decision and the conditions of approval. Sincerely, Fred Jarman, AICP Director, Community Development Department cc: Board of County Commissioners 3 cr' . 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"1... 1.....4 H 2J. ..a 0./� w . — c bO_r nbtv • v Ow v•� �CL)v N= ' cG • O `� � • U O ,•O r o O✓x •� Q � O cf; -o O rt MOS Q FO Nr�O bLC - • �— -- o •v>�O a) a N v •— baa w • 0 al :p v v p- G s, ao as c� O : cr � r j r H 0 acv v0 'CZ cn � — — ct v cu +� b.0 .4-3 <�� <ra_ • ct .4..., a-' cn E v >> 'O �6O'7- 0 > �78CI) O aJO Cu saG a) -c•O '�"���H W cn 4.4 rt � < 1.)0 (1.1(1.1 O as �>, �_ p U « cn EXHIBIT 1 '1 Director's Decision GAPA-8132 2/6/15 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Robyn Starr LOCATION LEGAL DESCRIPTION The property is located at 0425 Mountain Shadows Dr., in West Glenwood Springs. The site is just west of the Western Hills Subdivision and just east of the Chalet Village Subdivision. The property is located in the SE% SW'/a of Section 34, T5S, R89W of the 6th p.m. and further described in a Special Warranty Deed recorded at Reception No. 648807 with the Garfield County Clerk and Recorders Office. The property is also known by Assessor's Parcel No. 2119-343-00-005. ACRES Approximately 0.56 acres ZONING Residential Urban (RU) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on the approximately / acre site. The Accessory Dwelling Unit is proposed to be 1,500 sq.ft. in size and will be served by central water and sewer systems. The access driveway is directly off of Mountain Shadows Drive, a County maintained road (also known as Country Rd. 133B). The driveway is proposed to be relocated slightly to the west to eliminate an existing encroachment on the neighboring property. The driveway will be shared with the existing single family residence. The proposal is for the placement of a modular home onto a full basement foundation. The lower level will be limited to a two car garage and unfinished basement. In addition a portion of the living space upstairs will also be limited to a utility room in order to meet the maximum size limitation of 1,500 sq.ft. in accordance with the definition of floor area (see excerpt from the Land Use and Development Code, Article 15 Definitions). Floor Area. The total habitable horizontal Floor Area of all floors in a building, measured from exterior wall to exterior wall, exclusive of unfinished basement, garage, storage area, and utility rooms. The Applicant has provided a supplemental submittal including an updated site plan with increased setbacks, increased areas of retaining walls, and driveway details/grade. Mtn. Shadows Dr. Vicinity Map 1 M I i {S 7 — I ® Glenwood ® s. ao Cb \ L L Applicant's Site GIen�od Sprtrup • II. DESCRIPTION OF THE SITE The site is improved with an existing single family residence, driveways, landscaping, off- street parking areas, retaining walls, and utilities. The site slopes up moderately from Mountain Shadows Dr. The slopes become steeper north of the existing dwelling. Vegetation around the existing house is typical lawns and gardens. North of the house the vegetation is primarily native grasses, sagebrush, and gambel oak. Grade for the driveway is approximately 13%. Slopes within the proposed building footprint for the ADU are between 19 and 20% with some steeper sections toward the rear of the lot. No water bodies or evidence of water features are found on the property. III. APPLICABLE REGULATIONS The Use Table 3-403 of the Land Use and Development Code designates Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. Section 4-103 sets forth the Administrative Review Procedures. The Applicant has requested 2 waivers from certain submittal requirements and standards pursuant to Section 4-118 and 4-202. Applicable sections of Article 7, Standards are required to be addressed including Section 7-701 that specifically deals with ADU's. VIEW OF THE APPLICANT'S SITE Approximate Location of ADU IV. PUBLIC AND REFERRAL COMMENTS A. The Applicant will need to provide documentation that all required notice mailings have been completed in accordance with the Land Use and Development prior to the Director's Decision. Public comments from an adjoining property owners have been received and are attached. Referral comments are summarized below with copies attached. B. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Noted the geotechnical reports reference to low geological hazards on the site and the lack of specific recommendations associated to mitigation for steeper slopes. • Noted steeper slopes in some portions of the driveway and the need for a grading plan for the driveway. • Noted the need for the Application to meet the waiver criteria for the steeper driveway grades. • Indicated the need for creation of a stable slope or additional retainage north of the proposed ADU 3 C. City of Glenwood Springs: Indicated no additional comments other than those noted by the review agencies. A utility will serve letter was previously provided by the City. D. Glenwood Springs Fire Protection District: Provided comments focusing on wildfire protection as follows: • Indicated that the unit is in a high wildfire risk area. • Recommended use of selected plant types for landscaping pursuant to Colorado State Forest Service handouts. • Indicated that where possible the home should be hardened to reduce wildfire ember traps and attached a copy of the "FireWise Construction" guide. E. Garfield County Road and Bridge: Mike Prehm District 1 Supervisor: Indicated that a County Driveway Access Permit would be required.. F. West Glenwood Springs Sanitation District: Commented that they can and will serve the proposed use subject to payment of all applicable tap fees and compliance with the District's Rules and Regulations including reimbursement to the District for all costs incurred including but not limited to legal and engineering review. G. County Vegetation Manager: Comments received requested a noxious weed map/inventory and provision of a weed management plan and treatment of any noxious weeds found on the site. H. Colorado Parks and Wildlife: Provided referral comments noting that they do not anticipate that there will be any further impact to wildlife in this area as the surrounding area is already built out. I. Public Comments have been received from the following individuals with copies of their correspondence attached. • Richard Dally, Attorney representing Tomas and Polly Towey • Niels and Joy Jepsen • Dorothy Snearly • Andrea Turner and Eric Seifert • Adriana Hire • Michael & Holly Kluth • Lora Nichols and Jimmy Kucera V. STAFF ANALYSIS Article 7 of the Land Use and Development Code sets forth General Standards in Division 1, Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Specific standards for ADU uses are also found in Section 7-701. 4 Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations • The original site plan showed a non-compliant side yard setback for the proposed ADU along the east property line. The revised plan shows an 11 ft. side yard setback. Final adjustments, if needed, to insure compliance can occur at the time of building permit. The setback can be up to 12.5 ft. depending on the building height of the ADU. • The 0.5 floor area ratio limits the overall square footage on the site to a maximum of 12,196 sq.ft. and the maximum lot coverage is 50%. No compliance issues have been noted. • The lot size exceeds the 7,500 sq.ft. minimum required by the RU zoning and the 15,000 sq.ft. required for an ADU in the RU zone district. 2. Section 7-102: Compliance with Comprehensive Plan and IGAs The site is located in the Glenwood Springs Urban Growth Area as designated on the Comprehensive Plan Future Land Use Map. Excerpts from the County Plan are noted below: Urban Growth Areas (pg. 22): "...The county supports and encourages orderly expansion of existing communities. This Plan recognized existing municipal plans and strongly supports and encourages in fill and redevelopment of existing communities. These growth areas are the preferred locations in Garfield County for growth that require urban level services...." Comprehensive Plan Section 2, Housing — Goal #1 reads: To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures. This goal supports the creation of Accessory Dwelling Units. The site is designated on the City of Glenwood Spring's Comprehensive Plan Map as Single Family Residential with a Hillside Preservation overlay at the rear of the lot. 3. Section 7-103: Compatibility The proposal is residential in character consistent with the surrounding neighborhood. While the additional unit will add density it is Tess dense than the underlying RU zoning could potentially allow based on the minimum lot size. The current use of the existing home on the property is residential and no change to that use has been proposed or considered as part of the current Application. Standard zoning provisions related to any change in use on the site will apply. 5 4. Section 7-104: Source of Water The Applicant proposes the ADU to be served by the City of Glenwood Springs for domestic water. A will serve letter has been provided from the city. 5. Section 7-105: Adequate Central Water Distribution and Wastewater systems The Applicant proposes the ADU to be served by the West Glenwood Springs Sanitation District. A will serve letter has been provided from the District and includes information on required tap fees. 6. Section 7-106: Public Utilities All other utilities to serve the proposed ADU are existing on the property. Electric service to the ADU is by the City's Electric Utility and may include additional work to place service line extensions below grade. 7. Section 7-107: Access and Roadways The updated site plan from the Applicant's Engineer, indicates that the relocated driveway for the ADU will have a grade of 13%. A letter stamped by the Engineer supporting the Applicant's waiver request including a determination that the driveway will be adequate for the proposed use is needed. Referral comments from the County Road and Bridge Department indicate that a driveway access permit will be required. 6 SITE PLAN K A,f J --r„Y= K - 5Qfv%' !� ' /� � • �'�.+��\ of PROPOSED ADU ^C19P reu` Mw'.'s_9 l'-- - /'� c c 4J� err i`' rurax1�; \ ,5,.�-115 t140 �sm,s 2 5rcR'” rNCtv;- 24.1.14.4i. _0.AGOWS Gik,d5 � 8. Section 7-108: Land Subject to Natural Hazards A geologic hazard review and subsoil analysis for the site was completed by H.P. Geotech. The report include foundation recommendations and noted "...low to possibly moderate hazard to the proposed structure from hyperconcentrated, debris and possible clear water flows discharged from the drainage above the proposed construction during extreme storm events...." No other significant hazards were noted. The Applicant should be required to comply with the engineering recommendations contained in reports including the requirement for on-site inspection of excavations and foundation strata. An engineered foundation for the ADU along with site specific engineering for retaining walls and slope stabilization should required at the time of building permit application. The grading and drainage plan should be updated at the time of building permit review to address debris flow events and driveway drainage. 9. Section 7-109: Fire Protection The Application was referred to the Glenwood Springs Fire Protection District with comments provided focusing on wild land fire concerns. The neighborhood is served by 7 city water and a fire hydrant is located adjacent to the site. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The Application is located in a residential area with no impacts on any agricultural lands. 11. Section 7-202 Wildlife Habitat Areas The proposed ADU will create a very minor area of additional disturbance and should have minimal impacts on wildlife and related habitats. Referral comments from CPW were received and did not anticipate any additional impacts from the proposal 12. Section 7-203 Protection of Wetlands and Waterbodies No water bodies or wetlands have been identified on the site. 13. Section 7-204 Drainage and Erosion, 7-205 Environmental Quality Minimal additional disturbance is anticipated by the Application. An updated drainage plan should be required at the time of building permit. Standard erosion protection and drainage control would be required during construction. 14. Section 7-206 Areas Subject to Wildfire Hazards Referral comments from the Glenwood Springs Fire Protection District identify a high wildfire hazard for the site and provide specific recommendations for mitigation. 15. Section 7-207 Natural and Geologic Hazards Potential for low to moderate natural hazards associated with debris flow were noted in the Applicant's Geologic Hazard report. No other significant geologic hazards were noted. The Garfield County Geologic Hazards Mapping is attached. Compliance with the engineer's recommendations and additional engineering on drainage, retaining walls, and slope stabilization should be required. The building footprint for the proposed ADU extends into a portion of the site with slopes between 19 and 20%. A site specific soils evaluation and recommendations have been provided consistent with the requirements of Section 7-207 (F) Slope Development. 8 :ant's Site COMBINED GEOLOGIC HAZARDS MAPPING nge = Hazards Exist Low = City Limits Aping Ora Yel 16. Section 7-208 Reclamation Based on the Applicant's proposed residential use no specific reclamation plans are warranted. Re -vegetation and landscaping is proposed. Article 7, Division 3, Site Planning and Development Standards 17. Section 7-301: Compatible Design The proposal is for a typical residentially designed structure with a walk out basement configuration. 18. Section 7-302: Off -Street Parking The site plan shows more than the required parking spaces for the ADU. Two spaces will be located in the basement garage area with additional parking area along the north side of the ADU. The Applicant should be required to maintain all parking areas for both the existing home and the ADU as shown on the site plan. 9 19. Section 7-303: Landscaping Plan The Applicant has provided a landscaping plan — concept for the site including typical lawns and garden adjacent to the ADU. 20. Section 7-304: Lighting At the time of building permit application the Applicant shall demonstrate use of code compliant lights. 21. Section 7-305: Snow Storage: The Application and site plan demonstrate adequate room for snow storage. 22. Section 7-306: Trails and Walkways No trails or walkways are located within the neighborhood or are proposed as part of the Application. 23. Section 7-701: Accessory Dwelling Unit Standards A. Maximum Floor Area: Current plans are not compliant. Verification shall be required at the time of building permit application. B. Ownership Restriction: The Application is in compliance. C. Building Code: Compliance will be required. D. Minimum Lot Size: The Application is in compliance. E. Entrance: The Application is in compliance. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Robyn Starr Administrative Review Application for an 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 and granting of a waiver from Section 7-107 Roadway Standards, related general standards and grade, the application has adequately 10 met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION A recommendation for approval subject to the following conditions is provided for consideration by the Director of the Community Development Department. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The Applicant shall comply with Standards for ADU's contained in Section 7-701 of the Land Use and Development Code. Prior to Issuance of the Land Use Change Permit 3. Prior to issuance of the Land Use Change Permit, the Applicant will provide mapping of any noxious weeds found on the site and submittal of an appropriate weed management plan. 4. A waiver from the Roadway Standards contained in Table 7-107 allowing the proposed driveway to serve the ADU is approved subject to the Applicant providing, prior to the issuance of the Land Use Change Permit, an engineer's opinion letter indicating that the driveway will be adequate to serve the addition of the ADU. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an updated floor plan for the entire structure, drawn to scale, that demonstrates compliance with the maximum floor area of 1,500 sq.ft. Exclusions from the floor area calculation can be allowed subject to the code definition including for a "utility room". The current plans showing a utility closet off of an entry corridor is not consistent with the code. Other Conditions 6. At the time of building permit review the Applicant shall provide an updated drainage and grading plan including but not limited driveway drainage. The plan shall be subject to review and approval by the Building Department and shall address mitigation for potential debris flow. The plans shall demonstrate no drainage impacts on adjoining properties. 7. An engineered foundation shall be required for the ADU and the building permit application shall demonstrate compliance with the recommendations of the soils analysis by H.P. Geotech, dated 9/17/14. The Applicant shall comply with the recommendation for onsite inspections. 8. The ADU shall be required to meet all Garfield County Building Code Requirements and demonstrate compliance with all zoning requirements including building height and setbacks. 11 9. At the time of building permit the Applicant shall provide the following: a. Engineering plans for retaining walls and slope stabilization. b. Use of code compliant, down directed and shielded lighting. c. A driveway access permit from the County Road and Bridge Department. 10. At the time of building permit the Applicant shall demonstrate payment of all required tap fees for water and sewer and shall install all service lines in accordance with the rules and regulations for the City of Glenwood Springs and the West Glenwood Springs Sanitation District. 11. At the time of building permit the Applicant shall provide plans for extending electric service to the ADU and shall comply with all rules and regulations of the City of Glenwood Springs Electric System. The service extension shall be below grade. 12. At the time of building permit the Applicant shall demonstrate general compliance with Colorado Forest Service recommendations for vegetation around the ADU and where possible reduce the wildfire ember traps on the ADU consistent with the Colorado State Forest Service "Firewise Construction" guide dated 12/2012, 13. The Applicant shall maintain all off-street parking areas for the existing residence and the ADU as shown on the site plan. 12 ADDITIONAL VIEWS OF THE SITE AND ACCESS DRIVEWAY 13 14 MOLINTI ENGINEL. _ January 30, 2015 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT I/o Civil and Environmental Consulting and Design RE: Review of Starr Accessory Dwelling Unit: GAPA-8132 Dear Glenn: This office has performed a review of the documents provided for the Starr Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant expresses that there are not geohazards associated with the site. The geotechnical report states that there are but they appear to be low. No recommendations for mitigation are discussed except for drainage and those discussed in the soils report. 2. It appears that the existing driveway is being realigned. The existing slopes where proposed appear to be nearly 25% slopes (4:1). The Applicant should provide a proposed grading plan for the proposed driveway showing proposed grades. 3. The Applicant proposes that the driveway grades are 14%, above the County maximum of 12%. It is unclear if that is the proposed driveway or the existing driveway. The Applicant requests a variance to exceed the 12%. The Applicant should address the variance criteria to justify exceeding the County maximum. 4. On the Grading and Drainage plan the Applicant proposes a steep slope (1:1) to the north of the proposed building and the proposed boulder retaining wall. The Applicant should revise the grading plan to a stable slope or provide additional retainage. Feel free to call if you have any questions or comments. Sincerely, Mountai Cross Engine s Hale, PE 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Andrew C McGregor [andrew.mcgregor@cogs.us] Sent: Monday, January 19, 2015 8:44 AM To: Glenn Hartmann Subject: GAPA-8132 - Starr Accessory Dwelling Unit EXHIBIT 1 (1 Glenn, Thanks for forwarding the Starr ADU application. At this time ,we have no other additional comments other than those noted by the review agencies. Andrew Andrew McGregor Community Development Director City of Glenwood Springs 101 W. Eighth Street Glenwood Springs, CO 81601 970-384-6429 andrew.mcgregor@cogs.us 1 vistjOOD EXHIBIT February 4, 2015 To: Glenn Hartmann, GARCO Planner From: Ron Biggers, Deputy Fire Marshal, RE: File name/number GAPA-8132 project name Starr Accessory Dwelling Unit, applicant Robyn Starr, contact person Robyn Starr, location 0425 Mountain shadows Dr., Glenwood Springs, request, to build ADU on lot near existing single Family home on same lot, both will be served by one 12' wide driveway Comments The new structure will be in a high wildfire risk area. To re -vegetating around the new home the homeowner should be required to select plant types and grasses from the ones in the attached Colorado State Forest Service handouts. Where possible on the prefabbed modular log home the builder should harden the home as much as possible to reduce Wildfire ember traps in and around it. See the attached "FireWise Construction: Site Design & Building Materials "guide. 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 Glenn Hartmann From: Michael Prehm Sent: Monday, February 02, 2015 2:17 PM To: Glenn Hartmann Subject: Starr Accessory Dwelling Unit EXHIBIT 13 Glenn, In reviewing the proposal, the Starr property is bordered by 2 established subdivisions, one to the East and one to the West. Because the property is not a part of either subdivision, the driveway will need to connection to the road easement located on the south end of the Starr property. A driveway permit from Garfield County Road & Bridge will be needed. If you have any questions please contact me. Thank you for giving me the opportunity to review. Mike Prehm Garfield County Road & Bridge Foreman / Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 EXHIBIT 11+ West Glenwood Springs Sanitation District PO Box 866, Glenwood Springs, CO 81602 •970.618.5147 ph • 970.945.0619 fx wgssanitation@gmail.com 20 January 2015 Garfield County community Development Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Via email ghartmann a garfield-countv.com Re: GAPA-8132, Starr ADU, 425 Mountain Shadows Dr. Dear Glenn: The District is in receipt of the County's Referral Form regarding the above property. The District has the capacity in its wastewater treatment plant and can and will serve the above property with 1.00 EQR for an ADU with wastewater treatment service so long it is within the District subject to the following conditions: 1. The payment of all applicable tap fees ($6,000 for 1 EQR); and 2. Pursuant to the District's Rules and Regulations, an applicant for sewer service shall reimburse the District for all costs incurred by the District regarding the project, including, but not limited to legal and engineering review. If you have any questions, please don't hesitate to contact me. Office hours are limited so email is the best way to contact me. Or feel free to contact the Plant Superintendent, Jorden Voskuil, at 945-6069. Scott Leslie is no longer with the District. Regards, District Administrator K elly M , February 4, 2015 Garfield Cou Glenn Hartmann Garfield County Community Development Department RE: Starr ADU GAPA-8132 Dear Glenn, Vegetation Management 1 EXHIBIT Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Of particular concern on this site are Scotch thistle, Myrtle spurge and Dalmatian toadfiax. Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Please let me know if you have any questions. If the applicant needs assistance on the inventory please have them contact me at 945-1377 x 4305. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 GARFIELD COUNTY NOXIOUS WEED LIST Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinals Arctium minus Onopordum acanthi= Cirsium arvense Centaurea maculosa Centaurea diffirsa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Also State Listed species: Absinth wormwood Artemsia absinthium February 6, 2015 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Service Center 0088 Wildlife Way Glenwood Springs, CO. 81601 P (970)947-2920 1 F (970)947-2936 Glenn Hartmann Garfield County Community Development Department 108 8`h Street, Suite 401, Glenwood Springs, CO. 81601 RE: GAPA-8132 Starr Accessory Dwelling Unit Dear Mr. Hartmann, EXHIBIT �b Colorado Parks and Wildlife (CPW) appreciates the opportunity to provide comments for the Starr Accessory Dwelling Unit at 0425 Mountain Shadows Dr. in Glenwood Springs. CPW does not anticipate that there will be any further impact to wildlife in this area from this project, as the surrounding area is already built out. Thank You, 4,4/5' /Perr •Ill Area Wildlife Manager Glenwood Springs / Area 8 Bob D. Broscheid. Direct x. Colorado Parks and W`td;fe • Paras and Wildlife Comrrision: Rot rt W. Bray, Chair • Chris Castilian, Vice Chair Jeanne Home. Secretary • kiln Howard, Jr_ • a,tt lane • Dale Pre{ • Jame; Pnlrri • James Vigil • Dean Wingfield • Michelle Zimmerman • A ex Zipp EXHIBIT r7 January 29, 2015 Community Development Dept Director Garfield County, CO We are writing in response to a notice which was received in the mail regarding an application for a permit to build an accessory dwelling at 0425 Mountain Shadows Drive in Glenwood Springs. We have lived at 0461 Mountain Shadows Drive for the past 19 years and do not agree or approve of Ms. Starr's proposal. Robyn is a counselor for addictive behavior disorders. She has told us of her intent to build this ADU and then turn her existing home into a residential treatment center, for patients with substance abuse problems, after moving into the ADU. 11.4.1s wal( l Qad #o ,torte people., ►r►aae no►at, and wlo2e.4-aaPP,e, in an at►eagdy. C�vwdc d �e►y�►bo�ghaod. Even if she doesn't go ahead with the treatment center, our concern is that she will turn her house into an illegal duplex or a boarding house, similar to many homes in the Western Hills Subdivision. This will make a bad parking problem on this end of Mountain Shadows Drive an even worse problem. There is not enough parking in the Chalet Villages. Parking in the winter is a problem for the Chalet Villages. Many times when we have snow, the cars are not able to make it up to their homes and have to walk up. The road is not maintained by the County past 0425 Mountain Shadows. Residents are forced to park in the road in front of Robyn's house. The vacant lot across from Robyn's is zoned for a four-plex. This will also create additional problems, because developments never provide enough parking for its residents. One only has to look at the parking situation on the other end of Mountain Shadows Dr., or along Center Drive Road in front of the old postal facility, to see what is in the future for this end of our street. Robyn has built a second driveway on her property without permits, which she uses to access the back of her home. This driveway will also serve the proposed ADU. The houses in the Chalet Villages are very close together. Because of Robyn's sloping lot, the proposed location of the ADU will put it very close to her house and her next door neighbor's house. This will lower their property value. This ADU, if approved would set a precedent for this end of Mountain Shadows Drive. Do we really want this area of our street to have the congestion that the Chalet Villages have? Niels & Joy Jepsen 0461 Mountain Shadows Dr. Glenwood Springs, CO 970-945-0343 n(66 bpi-, FEB 0 • COMMUNITY DEVELOPMENT DEPARTMENT DI} GARFIELD COUNTY, COLORADO RE; Robyn Starr's Request for Land Use Change Permit We hope your concern for our beautiful county and that you realize that Robyn's request will result in congestion and too much traffic for the narrow No Outlet Mountain Shadows .Drive. The County a few years ago made a wise decision to say "NO" to a request of an owner in the Chalet village to buildinP-, on the steep mountain side on some designated plots -not safe,not enough water, too much traffic. regret that this area was not set aside for wiIdIfe as deer. elk, .turkeys, and birds have it as home. Where wfl development push them? The property across from Robyn's was approved for 4-plex building.A11 that traffic empties into the NO OUTLET road across from Robyn and all the Chalet Village traffic MUST use this road,too. Robyn has indicated that she hopes in the future of helping Women Comng off Drugs and Alcohol being housed at her home. Just above her home an owner moved a large R V permanently into their parking area, connecting to electricity and supposed to • used as a residence. Was this approved as an Accessory Building? - ( y73 21 sq6 February 2, 2015 Community Development Dept Director Garfield County, CO FEB0<j2OS EXHIBIT 1 11 We are writing in regards to an issue that has been brought to our attention by our neighbors. We also received a notice in the mail regarding an application for a permit to build an accessory dwelling at 0425 Mountain Shadows Drive in Glenwood Springs. We recently purchased our home, closing at the end of October 2014. After talking with our neighbors we learned of the intent of this ADU being used for housing while the main house would be turned into a treatment facility for people with addictions. While we do not discriminate against people with addiction problems, we are concerned, and rightfully so. We likely would not have purchased a house in such close proximity of a treatment facility. We are a young couple, planning our wedding, and planning to have children in the very near future. We plan(ned) to make Mountain Shadows Dr. our home for at least the next several years. Our main concerns are the overcrowding and parking issues that already exist. At this point, there are often cars parked in front of the mailboxes across from 0425 Mountain Shadows Drive. Since moving into the neighborhood we have encountered many parking/ abandoned car issues in our already small parking area. We can only imagine that with the additional people living in the facility, these problems would only get worse. Our other concerns include having a number of recovering people become our neighbors especially since we would not know anything about the people, including what their addictions/issues may be due to confidentiality laws. We could have very well just purchased our first home directly across from the future site of a sexual and/or drug rehabilitation facility! Please consider these issues before allowing our new neighborhood to be changed around us. Andrea Turner & Eric Seifert 0459 Mountain Shadows Dr. Glenwood Springs, CO (217) 316-0896 f �- di/1414 1,1,44 Glenn Hartmann From: Adriana Hire [adriana.hire@tworiverscs.org] Sent: Wednesday, February 04, 2015 1:25 PM To: Glenn Hartmann Subject: Public Notice regarding Mountain Shadows Dr. Dear Mr. Hartmann, EXHIBIT This email serves as a written statement of concern regarding the Accessory Dwelling Unit stated in the Public Notice I received through registered mail this past Monday. My first concern is with the limited information I have regarding the plans of homeowner and neighbor Ms. Robin Starr for a new dwelling adjacent to her property. My second concern is the somehow questionable business that she runs out of her house. I took the liberty of finding more about Ms. Starr through online and other sources and after typing her name under Google search, some negative comments came up. "Addictive Behaviors Counseling" generated her practice out of her personal domicile as her office (below is a screen shot of that). Another hit I received from my online search indicated that she had received "disciplinary action in 2011...she helped a colleague attain CAC status by lying about the amount of supervision he had, in exchange for his services..." (https://plus.google.com/100741203957456718035/about) After asking a few of the parents of the school who live nearby, they either didn't know her plans because they hadn't received the letter yet, or were highly suspicious of her intentions for this dwelling and did not believe that Ms. Starr was physically capable of running a "half -way house" efficiently. I understand that Ms. Starr treats recovering addicts and that she is passionate about her practice. However, as my daughter, a single mother of twins is getting ready to move to one of our rental properties two houses down from Ms. Starr's, I worry that my little 8 -year olds will be moving into a neighborhood that has a facility for individuals who could engage in risky behaviors. I am in favor of providing services for people who need them, and I believe in recovery. My own brother was a drug -addict for many years but has been cleaned for more than ten years. When he was an addict however, no one could trust his judgement. Please know that I am not prejudiced regarding most things, but I would like us to have a formal meeting and put some restrictions regarding the usage of the proposed property and also investigate a little further the professional practice that Ms. Starr is currently running out of her home. Please acknowledge that you have received this email and please keep me posted on the developments of the above stated matter. Sincerely, Adriana Hire. 1 [� rehab-internationaLorg f colorado-rehab/glenwood-springs Glenwood Springs CO, 81601 Addictive Behaviors Counseling 425 Mount Shadows Drive Glenwood Springs CO, 81601 Adriana Ayala -Hire Two Rivers Community School Co -Director Adriana.Hire@tworiverscs.org 970 -319 -8865 -mobile 970 -384 -5200 -school EXHIBIT I 21 aobpit (Warr 0425 of -rt O hadens &lid OSpringY; 6=0 81601 970-618-3180 cell 97a9479272 fax Glenn Hartmann Senior Planner Garfield County — Community Development 109 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Robyn Starr ADU Review (GAPA-8132) Dear Mr. Hartmann, I have letters from my neighbors who own a total of seven properties directly across the street and to the west of me. Both of these majority property owners have written letters of approval of my proposed ADU. I have also spoken to numerous other neighbors who are in favor of my improving the undeveloped land on my property as they feel it will only enhance the neighborhood and improve their property values. Additionally I am providing two other surveys that agree on the property line and have found the pins that are the corners of my lot. Both Sopris Engineering and Tutle Surveying have verified this information. These are included in my response. Brian Kurtz has done a current survey with the footprint of the house in a good margin away from the set back required and has also addressed the grading and the driveway relocation and grade issue. With regard to the Geohazards, there are no significant hazards, however; the hazards are as the Mountain Cross Engineer stated, some low level hazards which will be considered in the final foundation plan with retaining walls where needed and subject to building permit standards. The landscaping will also have secured and appropriate rock walls where necessary as reflected on our preliminary plan as provided by Kurtz Engineering. Thank you for your attention to this matter, your office has been helpful and courteous making this project go smoothly and I appreciate the assistance provided. Sin el , obyn S rr KURTZ & ASSOCIATES, INC. 5012 County Road 154 Glenwood Springs, CO 81601 Date: February 05, 2015 To: Garfield County Planning Attn: Glenn Hartman EXHIBIT � ZZ STRUCTURAL CONS la 1 11 1U Phone (970) 945 6305 MEMORANDUM Re: ADU Submittal: Robyn Starr Property, 425 Mountain Shadows Drive, Garfield County, Co. Based on our on-site meeting of Feb. 03, 2015, our office has updated the site plan for the proposed ADU. The updated plan adjusts the location of the ADU so that the side yard setback is 11.0 feet from the east property line. The updated plan also provides final grading for both the upper and lower driveways. The site grades adjacent to the upper driveway have been made to be more moderate via additional boulder retaining walls. Construction details for these walls will be included in our submittal for building permit. Tuttle Surveying has at this time, begun an additional records search so as to resolve any conflicts in the site survey. At this time, it appears that there is only a relatively minor discrepancy between neighboring surveys. If you have any questions, please call. Kurtz & Associates, Inc. Brian J. Kurtz, P.E. JAMES L. KUCERA LORRA L. NICHOLS 366 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, CO 81601 (970) 948-5696 (Lorra's cell) February 4, 2015 Glenn Hartmann Senior Planner Garfield County – Community Development 109 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Robyn Starr ADU Review (GAPA-8132) Dear Mr. Hartmann: EXHIBIT 2 We own three homes in West Glenwood Springs, all located on Mountain Shadows Drive and located within 200 feet of the proposed ADU that Ms. Robyn Starr has petitioned to build. The home we reside in is located at 366 Mountain Shadows Drive (purchased in 2010) and the two other properties we own are located at 451 Mountain Shadows Drive (purchased in 1996) and 453 Mountain Shadows Drive (purchase in 2006). Robyn Starr has been a good neighbor and has always taken great care of her property and her landscaping. Unlike a handful of other properties located on Mountain Shadows Drive, the condition of her yard and her home adds value to all properties in this area and she has never parked any cars on the street. She has allowed the stranded motorists that live in the Chalet Villages to park in her driveway to the west when they cannot get up the hill in the snow. It is not the property owners located within the Western Hills Subdivision that generate overcrowding of the parking situation on Mountain Shadows Drive because their properties generally allow for ample parking within each lot, it is primarily the property owners within the Chalet Villages that have very limited parking. We know this because we have live in both subdivisions and provide snow removal for most of the residents who reside in the Chalet Villages located at the end of Mountain Shadows Drive. Therefore, we do not believe that there will be any significant increase in traffic because her existing house and the ADU (if approved and located within the Western Hills Subdivision) have two car garages which should prevent any parking issues. We have no objection to Ms. Starr's effort to build an ADU on her property and believe that adding additional square footage for livable and/or storage purposes to a property will only enhance the value for that particular property and the surrounding properties. It is not the structure of the building that decreases the property value—it is how the structure is used and maintained. Please be advised that we see no problem with her plan to build an ADU. If you need further information, please contact us at 970-948-5070. Sincerely, Lorra Nichols and Jimmy Kucera 2/3/15 To whom it may concern, EXHIBIT I 1 if I own a home at 388 Mt Shadows Dr. It is across the street from Robyn Starr's home at 0425 Mt Shadows Dr. Robyn Starr has been a good neighbor to all residents in this area showing community mindedness and maintains her home impeccably. The yard is well landscaped and her flowers in the summer are beautiful, her home maintenance and garden only add to property values here. We support her effort to build an ADU on her property and believe that it will only enhance this neighborhood. Please be advised that we see no problem with her plan to build an ADU and we support her in this effort. If you need further information please contact us at 970-433-4333. Michael and Holly Kluth February 16, 2015 Garfield County Planning and Building, EXHIBIT I 26 We do not think that a single family lot with a single family residence should be rezoned to allow another residence to be built on that lot. Thus we do not think that this should be allowed at 425 Mountain Shadows Dr., Glenwood Springs, CO. Albert and Paula Mischliclr, 0277 Mountain Shadows Dr. Glenwood Springs, CO Glenn Hartmann From: Brian Kurtz [kurtzengineer@yahoo.com] Sent: Friday, February 13, 2015 5:51 PM To: Glenn Hartmann Cc: Robyn Starr Subject: Starr ADU Land Use Permit Attachments: 425 Mtn Shadows Memo 02.pdf Hi Glenn, It has taken a bit of work on my part to sort out the survey work (See attached memo). EXHIBIT 1 27 What I did not address was the staking of the ADU. The present on-site staking was performed by Dave Nicholson: it is his suggestion relative to the location of the proposed ADU. It is not the orientation that Ms. Starr has in mind, or what is shown on my site plan. Brian Kurtz, P.E. Kurtz & Associates, Inc. Structural Engineers (970)-945-6305 1 KURTZ & ASSOCIATES, INC. 5012 County Road 154 Glenwood Springs, CO 81601 STRUCTURAL CONSULTANTS Phone & Fax (970) 945 6305 MEMORANDUM To: Garfield County Community Development Feb. 13, 2015 Attn: Glen Hartmann, Senior Planner Re: Starr ADU Land Use Change Permit (File No. GAPA-8132), 0425 Mountain Shadows Drive, Garfield County, CO. The purpose of this memo is address the apparent discrepancies in the staking of Robyn Starr's lot at 0425 Mountain Shadows Drive. David Nicholson, L.S. of Divide Creek Surveyors, Inc. provided the initial staking for Mr. Starr and provided our office with a "Site Plan" of the property dated July 07, 2014. The site plan included topography and located "improvements" on the property, and a apparent legal description of the 0.68 acre (approximately) property. Mr. Nicholson described the property as a tract of land located in the SE quarter of the SW quarter of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian. The location of the property is established relative to the South Quarter Corner of Section 34. I understand that a majority of the properties in the immediate neighborhood are located relative to this quarter corner. Tuttle Surveying Services, Inc. provided additional, more recent, survey stakes. On Feb. 06, 2015 Ms. Starr provided our office with a legal description of her property which was more complete than the description provided by Mr. Nicholson. In addition to the 0.68 acre tract of land which Mr. Nicholson describes, the legal description describes a 30.0' wide additional piece of property adjacent to the south side of the 0.68 acre tract described by Mr. Nicholson. This additional piece of property is described as "... an easement or right of way for roadway purposes." It appears that this 30.0' additional tract is the source of confusion, and the exact (plus or minus 6.4') east -to -west location of the 30.0' tract is yet to be established. There appears to be no discrepancies or conflicts between the two professional surveyors relative to the primary, usable, 0.68 acre tract of land. I understand that Divide Creek Surveyors had previously established the east property line of Ms. Starr's property when he surveyed the adjacent Towey property (0377 Mountain Shadows Drive). Perhaps Mr. Nicholson should meet all of the concerned parties on site and describe the property line and proposed ADU staking. If you have any further questions, feel free to call. Kurtz & Associates, Inc. Brian J. Kurtz, P.E. KURTZ & ASSOCIATES, INC. 5012 County Road 154 Glenwood Springs, CO 81601 EXHIBIT 8 z 0 STRUCTURAL CONSULTANTS Phone & Fax (970) 945 6305 MEMORANDUM To: Garfield County Community Development Dec. 05, 2014 Attn: Glen Hartmann, Senior Planner Re: Starr ADU Land Use Change Permit (File No. GAPA-8132), 0425 Mountain Shadows Drive, Garfield County, CO. The purpose of this memo is to address two (2) items which you raised on Nov. 12, 2014 in response to Ms. Robin Starr's application. Relative to your request for an addendum plan document showing proposed water sewer and power provisions, at this time, Ms. Starr has called the appropriate utility providers to physically mark the utilities on and adjacent to her property. Further she has contacted a professional land surveyor to locate those utilities and indicate them on the current site plan for the property. Relative to your request that the "..existing driveway will be widened to provide the 12 Ft. wide roadway up the east side of the property to achieve a paved access to the ADU within the property owned at 0425 Mt Shadows Dr.:" The professional land surveyor will also document existing finished grades along Mr Shadows Dr. in the area of concern, and our office will provide at final site plan which includes a driveway design which relocates the existing driveway as you note. If you have any further questions, feel free to call. Kurtz & Associates, Inc. Brian J. Kurtz, P.E. 1111111 1111 1111111111111111 IIII 1111111 III 11/11111 1111 648807 03/24/2004 11,49P B1571 P117 M RLSOORF 1 of 2 R 11.00 0 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, Made this 8th day of March .2004 . between GARY P. STARR of the sal County of GARFIELD and State of COLORADO . grantor. and ROBYN?. STARR whose legal address is 425 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS of the said County of GARFIELD and State of COLORADO grantee: Exhibit 1 EXHIBIT 111 WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged. has granted, bargained. sold and conveyed. and by these presents does grant, bargain, sell, convey and confirm, unto the grantee. his heirs and assigns forever. all the real property. together with improvements. if any, situate, lying and being in the said County of GARFIELD and Suite of Colorado described as follows: See Exhibit "A" as known by street and number as: 425 MOUNTAIN SHADOWS DRIVE, GLENW00D SPRINGS, COLORADO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion and reversions, remainder and remainders- rents. issues and profits thereof, and all the estate, right, title. interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the granule , his heirs and assigns forever. The grantor. for himself, his heirs, and personal representatives or successors. do covenant and agree that he shall and will WARRANT AND FOREVER DEPEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns. against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall include the plural, the plural and the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. State of COLORADO )SS. County of GARFIELD The foregoing instrument was acknowledged before me this day of by GARY P. STARR My commission expires Fat No. 01000087 Stewart Title of Glenwood Springs, Inn. No. 16 SPECIAL. WARRANTY DEED Rev. 997 . Witness my hand JEANEiTE ANDERSON NOTaov ", �BLIC STATE OF COLORADO My Commission Expires: 1111312004 Grti al sea Notary Public 401 g '' ya5 / 7Gu.2lrtti7 4dDu.'S UWti cam/[F,/Liz 7r7J0 Z/1u J aJ 3 ea& EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SBE SE1/48111/4 OP SECTION 34, T0WNSHIP 5 SOUTH. RANGE 89 NEST OF TEE SIXTH PRViCIPAL MERIDIAN, BAXI PARtCEL OP LAND IB DESCRIBED AB POLLONSE Dammam AT A POINT WHENCE THE WITNESS POINT FOA :HE SOUTH QUARTER CORNYR OF SAID SECTION 34 BEARS: S. 63'45'38• E. 1130.95 PM) THENCE 8. 66.24800" N. 34.14 FEET THENCE R. 77.35.00' N. 121.40 FEET; THENCE N. 00.06'00• N. 147.94 PEETt TRENCH N. 62'36'07• E. 168.70 MITI THENCE E. 00.06.00' E. 169.81 FEET TO TAE POINT OF DEO/MEINO. COUNTY OP GARTIEL.D STATS OF COLORADO OTHER I VACANT PROPERTY APPRAISAL RECORD (DRI) MAP N0.2119-343 IDAF) TAX ARc 1G—X IVAA) CITY UhfTOWN h.L-enw000 bLJr J [Kati IMDNI o�.Il,vv,� ..y. .•� •.� — 'DAB' IDAAIp - •J" x { 5l ' Y. NAB. sueulvisiuN 'VAC. eLgCK 'VAD'SE Loris' SEC TWP RANGE 34 SW 5 89 2119 'OAC' CITY NO IDADI SUB NO IDAJI NEIGHBORHOOD 122017 IDAK) SCHOOL DIST IEAAI DESIRABILITY I CAF' PROPERTY ADDRESS (BAA) OWNER'S NAME (HAC) SALES DATE (NAE) BOOK (HAF) PAGE ( A ) CLERK a (HAI) TYPE DEED (HAB) DOC. FEE Ehlers, Jeffrey H. & Stacy R. 5 21 93 863 360JD 1.80 IVAE' LEGAL DESCRIPTION REMARKS IHAKI ON SALE 6/80,549/839,WD,NF, HBe) VERIFIED SALES PRICE IHBFI+', CODEVER 5-89 Sec. 34. A tr. in SESW cont. 2.738 s Ac. Beg. at a point whence the WC. to the S; cor. Sec. 34 bears: S. 1130.95' and S. 0°06' skF=.` 63°45'38" E. E. 385.81'; thence N. 0°06' W. 605.03' to N. line SESW; thence S. IJFA) ON LAND Steep hillside s '89°50' W. 150.0'; thence S. 0°06' l E. 682.10'; thence N. 62°36'07" E. 168.70' to P.O.B. TOTAL; 2.738Ac. s - r ) LAND LAND VALUE CALCULATIONS IGBEI SALES BASE UNIT SALES ADJUSTMENT FACTORS ADJ BASE TOTAL DATE wI ATTRIBUTES DATE SIZE COMPARABLE REFERENCE VALUE SIZE TIME LOCATION OTHER COMPOSITE UNIT VALUE LAND VALUE IDAH' ZONING IJAAI USE Potential Value Yrs. Est Potent ial Value $ ACTUAL Cons'derationof the amount of time required torecognize . JBA PAVED ST JOA LEVEL CODE ACRES ,ALU E ACRES SIZE LOCATION OTHER COMPOSITE UNIT VALUE TOTAL YEAR u o GRAV ST JOB HIGH 0 510 0 - 1 I � i _: JBC UNIMPROVED JCC STEEP 0520 1 — 5 2. 738 `1� IJouv JED SIDEWALK JDD IDN 0530 5 -10 �'� RE OJFe8GUT JOE SWPING 0540 10 - 35 JRF ST LIGHTS J17F HILLY 0550 35 -100 JBG AUSY JGH RET WALL 0560 l00 -UP JCA FUBUC WATER JEA REP. SHAPE 0--) r(, l JCB WELL WATER JEB IRREG. SHAPE ' f I I ' " JCC PUBLIC SEWER JEC CUL-CES4C SQUARE FEET / 1 / i 7 O! )1 % JCD SEP SYSTEM JED CORNER LOT 1 00 JC NAT GAS JEE VIEW 200 JCF ELECTRICITY JEF NON ST FROM 300 ACCESSIBILITY 400 GOOD PUGLIC - FAIR POOR PRIVATE YEAR -HOUND SEASONAL — Exhibit 2 5 P+r► Snrt‘L5 13 c..se.J an or:5:44 CuU-skc. KURTZ & ASSOCIATES, 1NC. 5012 County Road 154 Glenwood Springs, CO 8160I Exhibit 3 STRUCTURAL CONSULTANTS Phone & Fax (970) 945 6305 MEMORANDUM To: Garfield County Community Development Feb. 13, 2015 Attn: Glen Hartmann, Senior Planner Re: Starr ADU Land Use Change Permit (File No. GAPA-8132), 0425 Mountain Shadows Drive, Garfield County, CO. The purpose of this memo is address the apparent discrepancies in the staking of Robyn Starr's lot at 0425 Mountain Shadows Drive. David Nicholson, L.S. of Divide Creek Surveyors, Inc. provided the initial staking for Mr. Starr and provided our office with a "Site Plan" of the property dated July 07, 2014. The site plan included topography and located "improvements" on the property, and a apparent legal description of the 0.68 acre (approximately) property. Mr. Nicholson described the property as a tract of land located in the SE quarter of the SW quarter of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian. The location oldie property is established relative to the South Quarter Corner of Section 34. I understand that a majority of the properties in the immediate neighborhood are located relative to this quarter corner. Tuttle Surveying Services, Inc. provided additional, more recent, survey stakes. On Feb. 06, 2015 Ms. Starr provided our office with a legal description of her property which was more complete than the description provided by Mr. Nicholson. In addition to the 0.68 acre tract of land which Mr. Nicholson describes, the legal description describes a 30.0' wide additional piece of property adjacent to the south side of the 0.68 acre tract described by Mr. Nicholson. This additional piece of property is described as "... an easement or right of way for roadway purposes." It appears that this 30.0' additional tract is the source of confusion, and the exact (plus or minus 6.4') east -to -west location of the 30.0' tract is yet to be established. There appears to be no discrepancies or conflicts between the two professional surveyors relative to the primary, usable, 0.68 acre tract of land. I understand that Divide Creek Surveyors had previously established the east property line of Ms. Starr's property when he surveyed the adjacent Towey property (0377 Mountain Shadows Drive). Perhaps Mr. Nicholson should meet all of the concerned parties on site and describe the property line and proposed ADU staking. If you have any further questions, feel free to call. Kurtz & Associates, Inc. Brian J. Kurtz, P.E. '44 k 44, I • to,,. • • 44 4. Z t• ,4 , N. .1'.°Z 4 i,4..-1‘,°., `.;t.% tt ''Z.V.-,. -4.t -t-. t' it 4 ii•$''''-t4,Z1 INe,!‘'\‘‘' k, %.t. % , • %..Z. . N.itj• ti (.1 ; .1 tt:',4‘4:tttLt-z:c\,,i'-: ,;''' 1,.-:„i\ tust 'II. q 4 , , „,. •,-.:n •,,:• , 1:, ,.. ‘ \.z , .x ,--,.,,,.., t• • : N. 1 , 4 t-ci: •.;.N I; P V 4; 1 t.1 3, 74. N . , \*. V 1 \ • t.'t ', t'N tz.,.\',' '`4'!'.it stZ• % 01 11 sz k i',,t 1Pli-,`,:'• ,'..k..'s,1 , Po. ii •,;..- I ,0 ‘,-;., 10 i; % • 0 tts. ' \ 1 ti.,4K,' • ) ,k” k ,,,, ti.'. • C','' ‘r<t(4'' k.,t • `,... C* % rv't•let\'''\ 3 ( t4 %t' iti\',4,..4\P 1.` it t' .*,, x \ 1 \ "5 ) .. t. k\ t -i. k ,c'. ) .,1,%k.t,,,..,•:,,,„((', ..., gi •% rA o, ol 1 k t.,k,Notkil 4 t N 'kik tt I 44 4 4 • • ..1111••••••••••••••••••••••........ PROPERTY DESCRIPTION A PA6C5L OF LAND SITUATED IN THE S41/4517/4 OF SECTION 34. TOWNSHIP 6 SOUTH. RANCE 69 VEST Of THE 6th PM.. SAID PARCEL OF LAND /S DESCRIBED AS FOLLOWS' BEC/NNI6C 45 THE MINT 'HENCE TH6 0/5/1655 POINT /OR THE SOUTH QUARTER CORNER OF SECTION 34 BEARS: S 6.1.4538- H.90.95 145'36 1130.95 PEAT,- TH2NCE 5 6674'00" 0 3474 FEET.' THENCE S 1595'00" W 121.40 FEET: THENCE N 00'06'00" 114794 FEAT. THEME N 6196'07" L 162.70 PE67' THENCE S 00.06'00. L 18581 FEET.' TO TNS PO/NT OF OEC/NNING COUNTY Of CARE/ECO STATE OF COLORADO SITE FUN SITE PLAN MAP OF: 425 MOUNTAIN SHADOWS DRIVET A PARCEL OF LAND SITUATED IN THE SE1/4SW1/4 OF SECTION 34 TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6th P.M. COUNTY OF GARFIELD, STATE OF COLORADO I HEREBY CERTIFY nor THIS 511E PLAN W.45 PREPARED FOR ROBYN S. STARR. Thar IT 15 MOT A UNO SURVEY PUT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE REVEC UPON FOR THE ESTABLISHMENT OF FENCE BUILDING, OR OTHER FUrURE IMPROVEMENT LINES I FURTHER CERTIFY 1H4T THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 7/07/14. EXCEPT UTILITY CONNECTIONS. ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT A5 514005. THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT A5 INDICATED. AND THAT MERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANr PART 07 SAO PARCEL. EXCEPT A5 NOTED. Exhibit 7 DIVIDE CREEK SURVEYORS INC. DAVID C. NICHOLSON Professional Lend Surveyor L.S. 34585 0029 Colorado River React New Castle, Colorado (970) 076-5632 (970)355.9306 SITE PLAN 425 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS GARFIELD COUNTY, COLORADO DATE: 07/07/2014 PROD. 07/07/2014 SITE PLAN Green dashed indicates boundary of Applicant's property per site plan. Red solid line indicates boundary of Applicant's property per this survey N00°06'00"W 1.15' Found No. 5 Rebar GRAPHIC SCALE 40 0 20 40 80 '0' v-3 se�bac% moo, �` ,ea) •01 - Locations scaled from Divide Creek Survey -0' Found No. 5 Rebar , Loc. of proposed 0 00 00 571o3500" .40 160 ( IN FEET ) 1 inch = 40 ft. 0 2119-343-00-005_ Reception No. 648807 —Book 1571 Page 117 structure per Engineer site plan Loc. of proposed structure revised to meet setback requirements 0 Found No. 5 Rebar Found Spike ®Fpike Existing Roadway as located by survey EXHIBIT i 3D Garfield County J MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: April 13, 2015 Community Development Department SUBJECT: Continuation Request Public Hearing on the Robyn Starr Accessory Dwelling Unit (ADU) Land Use Change Permit (GAPA-8132) STATUS OF THE APPLICATION At the March 16th Board of County Commissioners meeting the public hearing on this request was opened and the Board took extensive public comments on the Application. Survey information was submitted by neighboring property owners that had implications for and conflicts with the Applicant's proposed site plan and setbacks. The Board of County Commissioners continued the public hearing to April 20th to allow additional information to be provided to assist in resolution of the technical survey concerns. As of this date no additional submittals have been provided by the Applicant to respond to the survey issues. CONTINUATION REQUEST Attached is a continuation request (dated 4/10/15) received from the Applicant requesting that the public hearing be continued to May 11th. The Applicant has indicated that she has surveyors working on the issues and that she needs additional time to finalize information. The letter also notes other scheduling conflicts with the continuation date. Staff supports the continuation to May 11th. The agenda can accommodate the item and it allows adequate time for survey information to be received and reviewed by Staff. 1 Glenn Hartmann From: Robyn Starr [robynstarr@mindspring.com] Sent: Friday, April 10, 2015 3:31 PM To: Glenn Hartmann Dear Mr. Hartmann, I am respectfully requesting a continuance for the Public Hearing scheduled for April 20, 2015. I need more time to finalize my additional information and I am having a health problem that requires a trip to National Jewish Hospital in Denver on the day the hearing is scheduled. If it s possible I would like to schedule the hearing for May 11, 2015. Thank you for consideration of this request. Sincerely, Robyn Starr Addictive Behaviors Counseling 0425 Mt Shadows Dr. Glenwood springs, CO 81601 970-945-4854 office 970-947-9272 fax robynstarr(almindspring.com 1 EXHIBIT 31 Garfield County MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: May 11, 2015 Community Development Department SUBJECT: Call -Up Request Regarding the Director's Decision on the Robyn Starr Accessory Dwelling Unit (ADU) Land Use Change Permit Request (GAPA-8132) A. SCHEDULE UPDATE This Application received conditional approval through a Director's Decision on February 9, 2015. It was called up for review by the Board of County Commissioners and an initial public hearing held on March 16th. The public hearing was continued to April 20th after extensive public input and comments. The County received from the Applicant a request to continue the April 20th hearing due to schedule conflicts and the need for additional time to respond to public comments and prepare updated surveys and site plans. The hearing was continued and reset fbr May 18tH B. CURRENT STATUS On May 11th, the applicant provided a supplemental packet of information for review summarized as follows: • Updated survey completed, stamped and signed by Divide Creek Surveyors. • Updated deed regarding ownership and legal description. • The Applicant also provided an updated site plan prepared by her Engineer Brian Kurtz. However, the Applicant was still considering alternatives to the site plan based on continued review of survey issues. The Applicant indicated that she was working on additional peer review of the survey in order to fully address questions raised at the original public hearing. 1 The timing of the receipt of the supplemental information has not allowed adequate time for staff review. The Applicant has also provided copies of her updated survey to Scott Aibner, County Surveyor for his review. Our understanding is that review has not been completed at this time. C. CONTINUATION RECOMMENDATION After meeting with the Applicant and discussing the status of the newly submitted information and ongoing review, staff anticipated that the Applicant would be submitting a request for a continuation. The request has been received and is attached. A continuation is felt to be warranted and would allow proper review of the new submittals, additional review of the updated survey, preparation of a definitive finding regarding the survey, and clarification by the Applicant of the specific site plan she wishes to present to the Board. Based on the progress made by the Applicant on the survey and site plans, a continuation of the public hearing to the next available Board agenda, Monday, June 8th is recommended. 2 Glenn Hartmann From: Robyn Starr [robynstarr@mindspring.com] Sent: Monday, May 11, 2015 5:25 PM To: Glenn Hartmann Subject: continuation I am respectfully requesting a continuance for the Public Hearing scheduled for May 18, 2015. The County surveyor is reviewing my survey and needs more time as do I due to health issues. I am having a health problem that requires a second trip to National Jewish Hospital in Denver on Wednesday of this week and I will be there for two days. If it s possible I would like to schedule the hearing for June 8, 2015. Thank you for consideration of this request. Addictive Behaviors Counseling 0425 Mt Shadows Dr. Glenwood springs, CO 81601 970-945-4854 office 970-947-9272 fax robynstarr(almindspring.com 1 EXHIBIT 1 32 - RICHARD L. DALLY ATTORNEY AT LAW 4601 DTC Blvd., SIMI 950 DENVER. COLORADO 80237 TELEPHONE TELECOPIER (303) 446-0100 (303) 571-1806 May 14, 2015 Board of County Commissioners Garfield County 108 8th Street Glenwood Springs, CO 81601 Re: Robyn Starr Accessory Dwelling Unit Administrative Review (GAPA-8132); Objection to Request for Continuation of Public Hearing Dear Commissioners: Adjacent Property Owners Thomas and Polly Towey object to Applicant's Request to Continue Public Hearing now set for May 18, 2015, 1 PM. This Application for Informal Review was first filed on October 22, 2014, although it had Pre -Application Summary Review earlier on May 21, 2014; the Application received conditional approval through Director's Decision on February 9, 2015. Previously a Call -Up Request was filed and Public Hearing was held on March 16, 2015 where extensive public input was received after which the matter was then continued upon Applicant's request to April 20, 2014 to allow for further submissions. Said Hearing was then continued again upon Applicant's request to the pending May 18, 2015 date. This third request for continuance was untimely filed by email on May 11, 2015 to the Department of Development and Planning. In his Continuation Recommendation of May 11, 2015, Senior Planner Glenn Hartmann indicates that a continuation is warranted in order to allow proper review of new submittals. This Application is subject to provisions of the Garfield County Land Use and Development Code of July 15. 2013 (Code), including all Review Criteria applicable, and Duration/Expiration and Extension provisions as noted in Code -Table 4-102. Although Extension of Conditional Approval may apparently be had for up to one year, Code 4-101 I.2.a, approvals for Exemptions and Final Plat approvals are limited to 90 days. Code 4-101 I.2.b. The third extension now sought by Applicant should be counted from the date of February 9, 2015, the date of conditional approval. The allowable time for extension should be limited to 90 days, leaving expiration to expire on May 10, 2015. What Applicant seeks to present during her several extensions are indeed in the nature of Exemptions and Final Plat approvals, or more accurately final "drawings" approval, and the Code does not allow her a year to do that. In view of Applicant's failure to timely request an extension as set forth in section 4-101.1 the conditional approval should be declared void on the May 18, 2015 Public Hearing and the Applicant must submit a new application for the desired Land Use Change. Code 4-101.1.4 It is the responsibility of the Applicant to timely satisfy any conditions of approval. Code 4-101.1. The delays in this matter are owing solely to the Applicant's submission, and continuing submission, of non-compliant materials. Specifically, the so-called site drawings she has submitted are not surveys at all, they are mere drawings, and are not new submittals at all. Further, the County Surveyor has no authority or jurisdiction to be reviewing anything in this matter, nor would his views, if offered, be legally reliable or appropriate. The County Surveyor has no business before the Board of County Commissioners in this matter. No extensions are needed for the review of the County Surveyor. The public hearing of March 16, 2015 exposed numerous deficiencies in Applicant's prepared documents supporting this Application, primarily that the proposed ADU cannot legally fit on applicant's lot. Adjacent Property Owner's Surveyor at hearing proved that conclusively. In the year that Applicant's Application has been pending she has only provided insufficient and incomplete information from a non-professionally qualified individual. All documents containing land survey descriptions must be certified by a licensed Colorado Professional Land Surveyor. Code 4-203.A.2. Mr David Nicholson, Divide Creek Surveyors, has not so certified his "drawings" in this matter. Indeed, Mr Nicholson has represented to undersigned that he will not do so and will so testify. Nothing is new here. As such, Applicant's Application is therefore insufficient and incomplete; it expires and is void after the May 18th scheduled hearing date. Under these circumstances, and under the provisions of Garfield County Land Use and Development Code, the Request for Continuation should be denied and this matter should be removed from the docket and closed. Thank you. RLD/kkb ccc: Toweys Glenn Hartmann Senior Planner Garfield County - Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 May 15, 2015 Glenn Hartmann Garfield County Community Development 108 8th Street Glenwood Springs, Colorado 81601 Re: Starr ADU — Survey Recommendation Glenn, EXHIBIT 1 33 Garfield Cou SURVEYOR SCOTT AIBNER, P.L.S I'm writing in regards to the Robyn Starr property for which I received a Site Plan prepared by Divide Creek Surveyors dated May 10, 2015. In addition I have had several telephone conversations with Ms. Starr. Upon review of the Site Plan it appears the parcel and right of way easement are plotted correctly based on deeds of record however their position on the ground indicated by the site plan is based on only two points. Ms. Starr has made me aware of the fact that this project is in contention with an adjoining neighbor and other surveyors are apparently involved. This area of West Glenwood is notorious for survey / boundary conflicts. This combined with the incomplete boundary indicated on the Site Plan and the impending contention with an adjoining property owner I highly recommend Ms. Starr provide an Improvement Survey signed by a registered surveyor. Such survey requires all boundary corners be found or set in place and should serve to secure the County's position in this matter. Sincerely, Scott Aibner Garfield County Surveyor 109 8 th Street ,Suite 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom LOYAL E. LEAVENWORTH LEAVENWORTH CONSULTING LLC PO BOX 1530 CARBONDALE CO 81623 May 29, 2015 Glenn Hartmann Community Development Department Garfield County Re: Application of Robyn Starr for an Accessory Dwelling Unit (ADU) GAPA-8132 Dear Glenn: EXHIBIT t 3� via Hand Delivery Ms. Robyn Starr has retained me as a consultant to assist in securing a land use permit for an Accessory Dwelling Unit (ADU) for her property located at 0425 Mountain Shadows Drive in west Glenwood Springs. The Director of the Community Development Department previously issued an administrative decision approving the ADU request. A neighbor of Ms. Starr filed a "call-up" request asking that the Board of County Commissioners review the ADU request. At the public hearing, issues were raised regarding the survey and site plan submitted by Ms. Starr. As a result, the hearing was continued and is now scheduled to be resumed on Monday, June Stn Attached to this letter are: 1. An Improvement Survey Plat dated May 29, 2015 prepared, signed and stamped by Dave Nicholson of Divide Creek Surveyors Inc. This plat responds to the comments of Scott Aibner, the County Surveyor, in his letter to you dated May 15, 2015. The proposed ADU is positioned and shown on the Plat and complies with all set back requirements which are also depicted on the Plat. The dimensions of the ADU have been reduced and are shown. 2. A letter dated May 27, 2015 from Lance McHugh with Premium Living Inc. which will construct the ADU for Ms. Starr. Attached to his letter is a footprint of the proposed unit. The structure is 26'8" by 52' which comprises 1394 square feet of living area. This area complies with the County requirement. The roof eave is 1'4" around the structure. 3. A Site Plan prepared by Brian Kurtz, PE, of Kurtz & Associates Inc will be delivered Monday a.m. and will depict the driveway and driveway grade, the grading and drainage plan and proposed rock retaining walls. 4. A copy of Ms. Starr's deed to the property. 5. A statement prepared by Ms Starr. Please note that the square footage had not been finalized at the time this was prepared. The figures used by Ms. Starr are very close, but the material contained in attachment 2, above, from Mr McHugh contains the final accurate dimensions and square footage. It is our request that the Commissioners approve the ADU land Permit for Ms Starr's property at 0425 Mountain Shadows Drive in Glenwood Springs as depicted and proposed in this submittal. I will be at the hearing on the 8th to answer any questions the Commissioners may have. As always, feel free to contact me if you wish to discuss this. Very Truly Yours Loyal E. Leave rth Cc: Robyn Starr Premium Living, Inc. 21521 Main Ave. Golden, CO 80401 303-433-1782 May 27th 2015 To whom it may concern, Premium Living Inc will be constructing a home for Robyn Starr. The home living space footprint will be 26'8"(twenty six feet eight inches) x 52' (fifty two feet) making it 1394 square feet of living area. This home will have a 16" continuous eve around the exterior roof line of this home. The overall exterior foot print will be 29'4" (twenty nine feet four inches) x 54'8" (fifty four feet eight inches) at it's widest and longest point at the roof line. Please see attached proposed drawing. Please feel free to contact me with any questions you may have. Sincerely Lance S. McHugh President 11111111 Robyn Starr 1394 Square feet /#<<<76i1 �6l� SPECIAL WARRANTY DEED AA THIS DEED is dated the "I day of (whether one, or more than one), II t 47 and is made between Gary P. Starr the "Grantor of the County of Ljro4 IA. and State of l iii a Robyn S. Starr as Joint Tenants, (whether one, or more than one). the "Grantee", whose legal address is 425 Mountain Shadows Drive, Glenwood Springs, CO 81601 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and In consideration of the sum of Ten dollars and other good and valuable consideration ( $10.00 ), the receipt and sufficiency of which Is hereby acknowledged, hereby grants, bargains, sells. conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: and See Exhibit "A" attached hereto and made a part hereof also known by street address as: 425 Mountain Shadows Drive, Glenwood Springs, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents. issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee. and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: 2015 taxes and all subsequent years. restrictions, reservations, covenants, easements and rights-of-way of record, if any. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. c Gary P. Staff State of Colorado County of Garfield The foregoing ns t4ment was acknowledged before me this i day of LX.p } it , 2015 by Witness my hand and official seal. Notary ublic My commission expires: 1'C r is Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE 1/4 SW 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS POINT FOR THE SOUTH QUARTER CORNER OF SAID SECTION 34 BEARS: S 63° 45'38" E 1130.95 FEET; THENCE 5 66° 24'00" W 34.14 FEET; THENCE S 7T 35'00" W 121.40 FEET; THENCE N 00° 06'00" W 147.94 FEET; THENCE N 62° 36'07" E 168.70 FEET; THENCE S 00° 06'00" E 185.81 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT OR RIGHT OF WAY FOR ROADWAY PURPOSED OVER AND ACROSS A TRACT OF LAND BEING THIRTY FEET IN WIDTH AND BEING THAT AMOUNT SOUTH OF THE ABOVE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS: 5 65° 15'46" E 1118.085 FEET THENCE S 66° 24' W 24.03 FEET; THENCE 5 77° 37' W A DISTANCE OF 130.89 FEET; THENCE N 0° 06' W A DISTANCE OF 30.71 FEET; THENCE N 770 35' E A DISTANCE OF 121.40 FEET; THENCE N 66° 24' E A DISTANCE OF 34.14 FEET; THENCE S 0° 06' E A DISTANCE OF 32.71 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Robyn Starr 0425 Mt Shadows Dr Glenwood Springs, CO 81601 970-945-4854 970-947-9272 fax Garfield County Community Development Department 108 8th St suite 401 Glenwood Springs, CO 81601 970-945-8212 /714/<1,ibeIIf May 26, 2015 In response to questions that arose at the last public hearing on March 16, 2015. A revised survey has been submitted with the placement of the proposed ADU with all setback requirements along with the new driveway. A widened driveway connecting to county road will be put west of the existing driveway which poses no encroachment on any other properties. It is designed to traverse across the east side of my lot property. The unused existing driveway will not be visible as it will be filled in at the time of construction. The new driveway will start at the street, Mt Shadows Dr and come northeast across the side of my front yard connecting to the new dwelling in compliance with Standards Table 7-107 as required for ADU. Please see site plan with new driveway with approximately a 12% grade. It will not have any effect on the connection to the county road as it is the same driveway as was there previously moved approximately 10 feet to the west. The ADU is now positioned with the front of the ADU facing southeast, requiring less excavation. Retaining rock walls are shown place for soil retention. The placement of the ADU is within all setback requirements as shown in the site plan and the survey. The total square footage of the ADU is 1465 sq. ft. as shown on the current floor plan. The utility room is shown on the floor plan and will have the water heater, washer and dryer in it; the room is approximately 87 sq. ft. square feet and is specifically for utilities designed for that sole purpose, however; the square footage of the ADU is under the limit of 1500 sq. ft. without consideration of the utility room. If the utility room is subtracted from the total sq. footage the remaining living area is 1398 sq. ft. I have submitted a warranty deed with the full legal description of my property and is reconciled with the survey as verified by Divide Creek Surveying as well as Sopris Engineering and Sam Aibner the Garfield County Surveyor. Thank you for your review of the submissions. Sincerely, Robyn Starr EXHIBIT 35 Garfield County UPDATED STAFF MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: June 1, 2015 Community Development Department SUBJECT: Call -Up Request Regarding the Director's Decision on the Robyn Starr Accessory Dwelling Unit (ADU) Land Use Change Permit Request (GAPA-8132) A. BACKGROUND AND STATUS UPDATE A public hearing on this ADU request was held on March 16th and subsequently continued several times to the current hearing date of June 8111. The continuations were largely to allow the Applicant to address concerns related to the survey and site plan documents for her property. Testimony was provided at the original public hearing that the site plans did not accurately reflect the Applicant's property. As a result concerns were noted at the hearing regarding compliance with setbacks and the adequacy of the lot to accommodate the ADU. The Applicant was given direction by the Board to complete an accurate and fully documented legal survey for the property. B. PACKET INFORMATION Previous Board packets have included the following information. Please consult those packets as appropriate. If you need additional copies please contact Community Development Department Staff. • Copy of the original complete ADU application submitted by Robyn Starr • Copy of the Call Up Request Letter • Copy of the Director's Decision Letter — dated 2/9/15 • Copy of the Staff Report for the Director's Decision including Exhibits and Referral Comments (a copy of the staff report is attached with this memo for your convenience) • Copies of public comment letters 1 • Letter opposing the continuation request • Referral comments from the County Surveyor, Scott Aibner This packet includes updated information from the Applicant and her consultant. An Updated Site Plan is referenced in the cover letter but has not been received. While the updated survey includes the revised ADU footprint an updated site plan is important for review of other adjustments to the plans including the access driveway and retaining wall proposals. Items that are included with the supplemental packet are summarized below: • Updated cover letter from the Applicant's Consultant. • New improvement survey plat with property corners set and documented. • Revised floor plan for ADU with total square footage of 1,394 sq.ft. • Letter from Manufacturer of the ADU on unit size. • Updated warranty deed and legal description. • Updated letter from Applicant addressing revisions to the Application C. SUPPLEMENTAL STAFF ANALYSIS 1. As noted previously, the Staff Report addresses key issues and compliance with required standards contained in Section 7 of the Land Use and Development Code. See the report for detailed discussions of the key topics including slopes, geologic hazards, retaining walls, drainage plans including demonstration of no impact on adjoining properties, access driveway and grade waiver, elimination of encroachments onto the neighboring property, utility service, tap fees and parking. 2. The Review Criteria is contained in Section 4-103(C) and requires that "An Application shall comply with the applicable standards of this Code". Standards specific to an Accessory Dwelling Unit are outlined in Section 7-701, (see excerpt below) with Staff's review comments shown in italics. 7-701. ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot Tess than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. The Applicants lot size is less than 4 acres therefore the maximum ADU size is 1,500 sq.ft. The Applicant's revised floor plan shows 1,394 sq.ft on an upper level above an unfinished garage on the lower level. The Code definition of floor area does not include unfinished basements or garages. The Applicant's current submittals are in compliance with this Standard. 2 B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. No separate ownership of the ADU is proposed nor would be allowed by this Section of the Land Use and Development Code. The Application is in compliance with this Standard. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. The Applicant shall be required to meet all Building Code Requirements as a condition of approval. Subject to compliance with the conditions of approval the Application will meet this Standard. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. The minimum lot size for the Applicant's Zone District (Residential/Urban) is 7,500 sq.ft. and twice the minimum lot size is 15,000 sq.ft. or 0.34 acres. The Starr lot is 0.57 acres in size and is in compliance with this Standard. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. The Applicant's plans include a separate entrance for the ADU in compliance with this Standard. F. One per Lot. One Accessory Dwelling unit which is subordinate to a Single -Unit (primary) dwelling unit is allowed per legal lot. The Applicant's proposal has only one ADU which is subordinate to the primary residence in compliance with this Standard. 3. Public comments have identified a number of compatibility issues and concerns. Many of the conditions of approval from the Director's Decision letter are intended to ensure code compliance and compatibility. Section 7-103 of the Land Use and Development Code sets forth a general standard for compatibility (see excerpt below). 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. 3 This standard is subject to a determination by the Board of County Commissioners. Compliance with other code standards including zoning provisions (setbacks, building heights, lot coverage) can provide a measure of compatibility. 4. Compliance with Zone District Regulations is a Standard found in Section 7-101 (see excerpt below) along with the Zone District Dimension table containing requirements for the RU Zone District. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. Legend R=Residential NR=Nonresidential -Comrnerciat NC=Noncoinntercial Zone District Residential - Urban RU Table 3-201: Zone District Dimensions` Minimum Lot Areal 7,500 s.f. Il Lot Size :' Maximum Lot Coverage (%) 50 Maximum Floor Area Ratio 0.50/1.0 .aSetbacks (feet) Front Arterial 50 Local 25 Rear 25 Side 10 Height (feet) • 3,4,5 • 25 The Applicant's revised submittals and survey reflects consistency with the Zone District Standards including lot coverage (proposed at approximately 18%), floor area ratio (proposed at approximately 0.16), setbacks and building height. 5. Table 7-302(A) of the Land Use and Development Code requires 2 off- street parking spaces for a single residential unit. The Applicant's proposal includes a minimum of 2 spaces for each of the primary residential unit and the ADU. Parking is located within existing and proposed garages with additional surface parking along driveways. D. SURVEY TOPICS FROM PAST PUBLIC HEARINGS 1. A complete and documented survey of the property has been provided, completed by Divide Creek Surveyors Inc. Property corners have been set and the survey and monumentation has been provided to the County Surveyor for his review. Comments received from the County Surveyor are included as an exhibit and indicate that he is satisfied with the additional information provided. 2. The survey establishes the east property line of the Starr property for the purposes of required setbacks. Staff has been advised that a 6 ft. gap between the Starr Property and the Western Hills Subdivision/Towey Property consistent 4 with previous survey testimony does exist. The gap in ownership does not affect the setbacks based on the location of the east property line of the Starr property. Potential future resolution of the ownership of the gap is a private surveying/legal matter. 3. Related to the survey discussions is the proposed location of the Applicant's driveway serving the ADU. An updated condition of approval should be considered to require updated site plan mapping to demonstrate an access driveway entirely on the Applicant's property based on the Improvements Survey Plat. No encroachments onto neighboring property should be permitted. E. BOARD OF COUNTY COMMISSION ACTION Option A: Uphold the Director Decision for Conditional Approval The Board can direct staff to prepare a resolution upholding the Director's Decision for approval with conditions, including the findings and the conditions of approval from the Director's Decision Letter (see attached conditions). Based on the revised submittals some updating to the Director's Decision Conditions of approval are warranted. Option B: Modify the Director's Decision including Conditions of Approval The Board can direct staff to prepare a resolution for approval based on the findings and conditions of approval from the Director's Decision with edits or additions to the conditions of approval per direction and formal motion by the Board. Staff recommends changes to the conditions deleting Condition #5 as the floor area issue has been addressed and including a new Condition #5 requiring submittal of an updated site plan addressing a number of key issues. The complete listing of conditions from the Director's Decision is included below with the Staff Recommended changes shown as redlines. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The Applicant shall comply with Standards for ADU's contained in Section 7-701 of the Land Use and Development Code. 3. Prior to issuance of the Land Use Change Permit, the Applicant will provide mapping of any noxious weeds found on the site and submit a weed management plan for approval by the County Vegetation Manager. 5 4. A waiver from the Roadway Standards contained in Table 7-107 allowing the proposed driveway to serve the ADU is approved subject to the Applicant providing, prior to the issuance of the Land Use Change Permit, an engineer's opinion letter indicating that the driveway will be adequate to serve the addition of the ADU. 5. Prior to the i cuance of the Land Uce Change Permit, the Applicant shall provide an updated floor plan for the entire structure, drawn to scale, that including for a "utility room". The current plans showing a utility closet off of an entry corridor is not consistent with the code. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide an updated Site Plan consistent with the Improvement Location Survey Plat showing the follow: a. A driveway serving the proposed ADU that does not encroach on any neighboring properties and connects directly to the Mountain Shadows Drive road right-of-way or easements consistent with the Roadway Waiver request and engineer's statement of adequacy. Said driveway shall be subject to obtaining a driveway access permit from the County Road and Bridge Department. b. The revised ADU footprint consistent with the updated Improvement Survey Plat showing code compliant setbacks. c. Revised locations for all off-street parking including access to the garage spaces on the first level of the ADU. d. Revised location for all retaining walls as required for the ADU. e. Revised locations for all utilities and related infrastructure for the ADU based on the revised building footprint. 6. At the time of building permit review the Applicant shall provide an updated drainage and grading plan including but not limited driveway drainage. The plan shall be subject to review and approval by the Building Department and shall address mitigation for potential debris flow. The plans shall demonstrate no drainage impacts on adjoining properties. 7. An engineered foundation shall be required for the ADU and the building permit application shall demonstrate compliance with the recommendations of the soils analysis by H.P. Geotech, dated 9/17/14. The Applicant shall comply with the recommendation for onsite inspections. 8. The ADU shall be required to meet all Garfield County Building Code Requirements and demonstrate compliance with all zoning requirements including building height and setbacks. 6 9. At the time of building permit the Applicant shall provide the following: a. Engineering plans for retaining walls and slope stabilization. b. Use of code compliant, down directed and shielded lighting. c. A driveway access permit from the County Road and Bridge Department. 10. At the time of building permit the Applicant shall demonstrate payment of all required tap fees for water and sewer and shall install all service lines in accordance with the rules and regulations for the City of Glenwood Springs and the West Glenwood Springs Sanitation District. 11. At the time of building permit the Applicant shall provide plans for extending electric service to the ADU and shall comply with all rules and regulations of the City of Glenwood Springs Electric System. The service extension shall be below grade. 12. The Applicant shall maintain all off-street parking areas for the existing residence and the ADU as shown on the site plan. Option C: Overturn the Director's Decision Should the Board wish to overturn the Director's Decision and deny the Application, the Board may formalize a motion directing staff to prepare an appropriate resolution. Said resolution would contain findings consistent with the Board's motion. 7 Glenn Hartmann From: Scott Aibner Sent: Monday, June 01, 2015 1:45 PM To: Glenn Hartmann Cc: lel@lellaw.net Subject: Starr Improvement Survey Glenn, EXHIBIT i 36 I have reviewed the Improvement Survey Lee sent last Friday and I am satisfied with the additional information provided. feel free to contact me if you should have any further questions regarding this matter. Regards, Scott Aibner, PLS Garfield County Surveyor 109 8th St. #1006 Glenwood Springs, Colorado 81601 Ph: 970-945-1377 Ext. 1325 1 EXHIBIT RICHARD L. DALLY A7TORNF. }" AT LAW 4601 DTC Blvd., sul`rE 950 DENVER, COI ORADO 80237 1 E: LE:PE TONE TF;LECOPIER (303)446-0100 (303)S71 -I$06 June 4, 2015 Glenn Hartmann Senior Planner Garfield County - Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Robyn Starr Accessory Dwelling Unit Administrative Review (GAPA-8132) Dear Mr. Hartmann: Today I received from you contents of a new packet from the applicant on this matter. The packet contains an email statement from the County Surveyor; a significantly revised Site Plan; a significantly revised Survey from David Nicholson, now stamped and signed, a surveyor who previously filed "drawings" that he refused to stamp or sign; and, now a letter from a former Colorado attorney appearing as a consultant on behalf of the Applicant, who submits all of these new documents and now advocates for the approval of the ADU Land Permit before the Garfield County- Commissioners. I have seen none of these items before mid-day today, 1'/z business days before the hearing set for Monday, June 8, 2015. On behalf of Adjacent Property owners Toweys, l have significant objections to all of these new inclusions. I have just as serious and strong objections to having virtually no professional notice of them until this, the last minute. In view of the lateness and the circumspect nature of each of these prior proceedings and now this ambush approach I am also more than surprised that you and your professional staff had the time to review all of these materials as early as May 29, 2015, the date of Mr. Leavenworth's hand delivered letter, and compile the seven -page Updated Staff Memorandum on June 1, 2015 (Exhibit 35) without ever communicating with me until I called you. Under these circumstances, and under the provisions of Garfield County Land Use and Development Code Toweys request that the hearing scheduled for June 8, 2015 be continued to allow time for a reasonable review of these new materials. RLDikkb EXHIBIT MAP OF: STARR "GAP" PARCEL A TRACT OF LAND SITUATED IN SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SHEET 1 OF 1 EHLERS REC. NO. 447783 SCALE 1" = 40' "GAP" PARCEL (SHADED AREA) STARR REC. NO. 648807 POINT OF BEGINNING CO CO ti LE1 EXHIBIT Parcel Line Table Line # Direction Length LE1 N62° 36' 07"E 7.55' LE2 566° 24' 00'W 7.56' LE2 EASEMENT OR RIGHT-OF-WAY REC. NO. 548857 "GAP" PARCEL DESCRIPTION WITNESS CORNER S SECTION 34 FOUND SPIKE A PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND WITHIN THE COUNTY OF GARFIELD; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED MARCH 24, 2004 AS RECEPTION NO. 648807 OF THE GARFIELD COUNTY RECORDS FROM WHENCE THE WITNESS CORNER TO THE SOUTH a OF SAID SECTION 34 BEARS 563°45'38"E, A DISTANCE OF 1130.95 FEET; THENCE NOO°06'00"W ALONG THE EASTERLY BOUNDARY OF SAID PARCEL, A DISTANCE OF 185.81 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY AND ALONG THE EXTENDED NORTHERLY BOUNDARY OF SAID PARCEL N62°36'07"E, A DISTANCE OF 7.55 FEET TO A POINT ON THE WESTERLY BOUNDARY OF WESTERN HILLS SUBDIVISION RECORDED DECEMBER 23, 1958 AS RECEPTION NO. 203826; THENCE SOO°10'00"E, ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 186.26 FEET; THENCE LEAVING SAID WESTERLY WESTERLY BOUNDARY AND ALONG THE EXTENDED SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED AS RECEPTION NO. 648807 566°24'00"W, A DISTANCE OF 7.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,269 SQUARE FEET OR 0.029 ACRES, MORE OR LESS. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 31 GRK 615074.01 5/8/2015 15074 SURVEY BASE.dwg Lee Leavenworth From: surveyor@sopris.net Sent: Monday, June 08, 2015 7:46 AM To: Lee Leavenworth Subject: Re: FW: 425 Mtn Shadows Drive Lee -I checked your latest email first.After looking at the plan from Brian the new drive appears to start in the cul-de sac and cross the gap land before it is on the Starr property.) have a prior commitment in Aspen today.Thanks Dave --- lel(@lellaw.net wrote: From: "Lee Leavenworth" <lel(a�lellaw.net> To: <surveyorsopris.net> Cc: "'Robyn Starr"' <robynstarrmindspring.com> Subject: FW: 425 Mtn Shadows Drive Date: Sat, 6 Jun 2015 12:43:11 -0600 Dave Attached is Brian's site plan. The remaining issue we need to address is whether the relocated driveway (shown on attached plan) is entirely on Robyn's property and/or the dedicated cul-de-sac shown on the Western Hills plat (which I'll send shortly). Can you answer that? Also the hearing is on Monday at 1:00 at the GarCo BoCC meeting room. I'd like you to be there? If I need to get a better copy of the Western Hills plat , let me know Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 270A P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 1 -4- SI • k XI* • ,'• 1 EXHIBIT 40 Garfield County SUPPLEMENTAL STAFF MEMORANDUM Community Development Department TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: June 22, 2015 SUBJECT: Call -Up Request Regarding the Director's Decision on the Robyn Starr Accessory Dwelling Unit (GAPA-8132) A. STATUS UPDATE A public hearing on this ADU request was continued to June 22nd in response to the request of the representative for the neighboring property owners, Richard Daly and with the agreement of the Applicant to allow a full Board to hear the request. B. ADDITIONAL SUBMITTAL Prior to the hearing on June 8th the Applicant's representative, Leavenworth Consulting provided Staff with copies of the Western Hills Subdivision Plat and an additional survey (labeled "Starr Gap Parcel") showing the relationship between the Starr Property, adjacent easements and the cul-de-sac, right-of-way within the Western Hills Subdivision. Copies of the two maps were provided to Richard Daly on June 8th. The two maps are being entered as exhibits. The Board has previously received copies of the updated site plan (see attached). The site plan includes the revised building footprint, grading and drainage information along with a revised driveway alignment. C. SUPPLEMENTAL STAFF ANALYSIS 1. The updated site plan does not provide documentation that the proposed and relocated driveway is located entirely on the Applicant's property and does not clearly establish its direct connection to the County Road right-of-way or easement for Mountain Shadows Drive. The additional survey of the "Starr Gap 1 Parcel" helps to clarify the location of the survey gap but does not resolve the issue of whether the proposed Starr driveway shown on the revised Site Plan crosses the adjoining neighbor's property. This remains a concern to be addressed. 2. The updated site plan does not appear to provide documentation of adequate space for access to the proposed ADU garage parking including turning movements. Additional details on off-street parking are needed on the site plan. 3. The revised building footprint location on the updated site plan is generally consistent with the Divide Creek Surveyors Improvement Survey Plat but does include the potential for code permitted eave overhang allowances within the required setback. The Land Use and Development Code allows for an 18 inch eave overhang. 4. The updated site plan provided revised topographic and grading details along with adjustments to the proposed boulder retaining walls at the rear of the building footprint. 5. The previous staff reports and Staff Memo dated June 1st are included with this packet for your convenience. The June 1St memorandum includes Options for the Board's Action including revisions to the conditions of approval from the Director's Decision. Based on the above concerns related to the updated site plan, staff recommends that the conditions of approval outlined in Option B in the June 1st memorandum be considered by the Board. In particular revised draft Condition #5 addresses the driveway location and off-street parking concerns including the requirement that the driveway not encroach on any neighboring properties. 2 REVISED SITE PLAN (previously submitted) IC. 0. 5 TRAC(I 0.06'00"W NO, 5 RESAR EX'STNG RETAfN (tNC WALL'S I EDGE OF A$PHAL T EDGE OF ASPHALT !'6 ACRS rM1.w 6RADIN6 E DRAIN/46C PLAN \J I. • rvc• TAN 16 :Jo y{ADO 4. 014 IREAAR AND CAr 0548 REBAR AND CAP r959E, 46, • 1 3