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HomeMy WebLinkAbout4.0 DD Staff Report and Call Up MemoMEMORANDUM Garfield County Community Development Department TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: February 9, 2015 SUBJECT: Director's Decision Call -Up Request Regarding the Starr Accessory Dwelling Unit Administrative Review Application (File No. GAPA-8132) On February 9, 2015 the Director of the Community Development Department issued a Director's Decision approving with conditions the Robyn Starr application for an Administrative Land Use Change Permit for an Accessory Dwelling Unit. The County had previously received a request for Call -Up to the Board of County Commissioners (BOCC) for consideration of the Director's Decision at a public hearing. The request was submitted by an adjacent property owner Thomas and Polly Towey through their Attorney, Richard Dally. The Call -Up request is being processed in accordance with Section 4- 112 of the Land Use and Development Code. The request was received prior to the expiration of the 10 day Call -Up period. Pursuant to the Land Use and Development Code the request for Call -Up has been scheduled for the Board's next available agenda, February 17th. Section 4-112 indicates that "At this meeting, the BOCC shall, by a majority vote, decide whether to review the Director's Decision." The code further provides that if the BOCC decides to review the decision it will be scheduled for a public hearing and if the BOCC decides not to review the decision it shall be final. Included in the Board's Packet is the following information: • Copy of the Call -Up Request Letter • Director's Decision Letter including conditions • Staff Report and Attachments Community Development Department Staff and the County Attorney's Office will be available at the meeting to answer any questions regarding the request to Call -Up the Director's Decision. The Applicant and the property owner requesting the Call Up have been advised of the meeting on February 17th. The first date for a potential public hearing that can meet the required 15 day mailing notice requirement is March 9th 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 RICHARD L. DALLY ATTORNEYAT 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 alternate 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 Community Development Department February 9, 2015 Robyn Starr 0425 Mountain Shadows Dr. Glenwood Springs, CO 81601 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 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 ACRES ZONING 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 SEI% SW% 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. Approximately 0.56 acres Residential Urban (RU) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on the approximately 1 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 UM ...I 1 � —i l& GI fl cd I1 11 v. MI Syringe 00Club / i w, 11 1 \----1 i s x'41, `— —I 1�— Jr Applicant's Site —i Glend springs ith Er ewE "est I 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 less 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 30 pyo f _ 2 5 ?KW v 24 V,`J !. SHAG.JkrS Grtrif r l^` 1 PROPOSED ADU 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. 8 028 COMBINED GEOLOGIC HAZARDS MAPPING C04 02 Applicant's Site Orange = Hazards Exist Yellow = City Limits 16. Section 7-208 Reclamation Source: Garfield County GIS Mapping _ 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 121/r4112,N,:: 13 14 MOUNTAIN CROSS January 30, 2015 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ENGINEERING, INC. 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'h 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.usj Sent: Monday, January 19, 2015 8:44 AM To: Glenn Hartmann Subject: GAPA-8132 - Starr Accessory Dwelling Unit 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 °SPAR 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 1/4_ Glenn Hartmann From: Michael Prehm Sent: Monday, February 02, 2015 2:17 PM To: Glenn Hartmann Subject: Starr Accessory Dwelling Unit 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 West Glenwood Springs Sanitation District PO Box 866, Glenwood Springs, CO 81602 • 970.618.5147 ph • 970.945.0619 fx wgssanitation@gmail.com gmail.com 20 January 2015 Garfield County community Development Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Via email ghartmann@garfield-county.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, Kelly M , District Administrator February 4, 2015 Garfield County Glenn Hartmann Garfield County Community Development Department RE: Starr ADU GAPA-8132 Vegetation Management Dear Glenn, 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 toadflax. 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 Also State Listed species: Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum off cinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix pare flora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angust folia Absinth wormwood Artemsia absinthium February 6, 2015 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Service Center [088Wildlife Way Glenwood Springs, CO. 81601 P (970)947'2920 | F (970)947-2936 Glenn Hartmann Garfield County Community Development Department 108 8th Street, Suite 401, Glenwood Springs, CO. 81601 RE: GAPA-8132 Starr Accessory Dwelling Unit Dear Mr. Hartmann, Colorado Parks and Wildlife (CPW) appreciates the opportunity to provide comments for the Starr Accessory DweLling Unit at 0425 Mountain ShadowsDr. in Glenwood Sings. 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 buitt out. Thank You, r Area Wildlife Manager Glenwood Springs / Area 8 Bob B. Ekod-eid. Dtrectex.Colorado Parks and Wilda°^Parks and Wildlife Commission: Robert, W. Bray, cha°`Chris Castilian, Vice Chair •29:177"1"i'gN 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 alternate 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 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. Tres wall'ead +o mome people, el-104Q- noise, *14Reno+se, and nqotte.4-gRAPPic, in an al►eeody. Cn2,o4..)dc.4 ne►sshbooghoad_ 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 COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR GARFIELD COUNTY, COLORADO FEB 0 6 1015 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 Yl.ountain 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 building 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 wildlife as deer, elk, turkeys, and birds have it as home. Where will development push them? The property- across from Robyn's was approved for 4-plex building.All 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 Coming, off Drugs and Alcohol being housed at her home. Just above her home an owner moved a large R V permanentiv nto their parking area, connecting to electricity and supposed to used as a residence. Was this approved as an Accessory Building? - y73 February 2, 2015 Community Development Dept Director Garfield County, CO F EB 0 : 1015 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 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, 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-international.org/colorade-rehabidlenwood-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 Ge,obpn OStmr 4425 csft ()Shadow °r &imolai 0,3prmy3; 6 81601 970.618-3180 cell 974947-9272f 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,, 'Zti� obyn S v: r KURTZ & ASSOCIATES, INC. 5012 County Road 154 Glenwood Springs, CO 81601 Date: February 05, 2015 To: Garfield County Planning Attn: Glenn Hartman STRUCTURAL CONSULTANTS 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 8`h Street, Suite 401 Glenwood Springs, CO 81601 Re: Robyn Starr ADU Review (GAPA-8132) Dear Mr. Hartmann: 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, d(e6 Lorra Nichols and Jimmy Kucera 2/3/15 To whom it may concern, 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 0 9. at &le February 16, 2015 Garfield County Planning and Building, 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 Mischlich�f 4e-fe, 0277 Mountain Shadows Dr. Glenwood Springs, CO fEE 1.i 205