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Home My WebLink About2.0 BOCC Staff Report 05.21.2007oa @rt*** wrr/'h*'r{V Le- E'E k fu"2 BOCC Exhibits (5121 12007) Exhibit Letter (AtoZ) A ffiptt B Proof of Publication C @gulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F rbondaleandRuralFireProtectionDistrictdated 4-26-2001 G field County Road and Bridge Department dated 4-30-2001 H Em"it fro* Jena Skinner-Markowitz of the Eagle County Planning Department dated 5-14-2007 Exhibit BOCC 512112007 0P RANCHO TRIO - EL JEBEL, LLC . ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Rancho Trio - El Jebel, LLC 17527 HighwaY 82, Carbondale 4.75 Acres Old Highway 82 Existing Well (Permit No. 124670) Existing ISDS (Permit No' 1376) ARRD ol'"#'t 1. DESCRIPTION OF THE PROPOSAL: lhe applicant requests the Board of County Commissioners grant a Special Use permit (SUP) for an Accessory Dwelling Unit (ADU) located on a 4.75 Acre parcel, described as 17527 Old Highway 82 and located east of the Town ot eilOonTaTe. The proposed ADU is to be convefted from an existing tagg_tquare foot home. The Applicant requestsapprovaltopermittheexistingt+ao@lunitasanADUinorderto proceed to "design and construct a new primary residence, in addition to the ADU." The existing driveway is off Old Highway 82 and will be used as access to the proposed ADU. - -- -,!FV ' ,(l,_t:o>i I -'i; l: I l:sli: {- 'i;,-;+ F li::r I ir:,* ; i j NIi ,.ra..5 ,.1 '.l t: ,l;' i: l ,i i. -) li :' -r, -!t '\z:-t .i:-. !i ,; r:: '-: ol Il. l E=ET!E : l._ 1 tL:: Ir =i;lr it=ia iI' ._._.. -L i 8IPPil.10 t.0.u. .:i,-; l: } l.!,n, l, f)V i--.,.,, :,: rri: ltl I t! : . .:.; .;.t..; .: l,ir"!rivr!er2.r;(1.,.,. ij =""'"""""'"""",'. I 1 *:':: ::--::r' ":*''r.'"'"' l ! '!it !. ,', .l 2. Referrals: Carbondale Fire Protection District: (See Exhibit F) Eaole Countv Planninq Depafiment: (See Exhibit H) Garfield Countv Road and Bridqe Department: (See Exhibit G) 3. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in $5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided if found necessary. B. Zonino Resolution: An ADU is a special use in the ARRD district pursuant to $ 3.02 of the Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 55.03 as well as the specific standards that apply to ADUs contained in $5.03.21. These standards are listed below in bold italics followed by a Staff comments. General Special Use Permit Requirements ($ 5.03) 1) tltilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Comment The Applicant has provided lryellpermit number 124670 which was issued March 30 1982. This permit allows for household use in 1--iBrd-effnl dwelling unit. As the propelty currently has one dwelling unit, this well is adequate to serve the ADU. The Applicant must obtain an adequate well permit prior to issuance of the building permit for the new primary dwelling unit. ln addition, the Applicant has submitted ISDS permit number 1378 which is adequate for a home of up to 3 bedrooms. This is ari eliiEftih'sy5iem whieh currently serves the proposed ADU. The Applicant must obtain an adequate ISDS permit priorto issuance of the building permit for the new primary dwelling unit. This standard is met. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shalt either be in place or shall be constructed in conjunction with the proposed use; Staff Comment Main access to the proposed ADU will be from an existing driveway. This driveway is accessed directly f rom Old Highway 82. Any necessary driveway access permits must be obtained from the Colorado Depafiment of Transporlation for the new primary residence. a1 This standard is met. 3) Design of the proposed use is organized to minimize impact on and from adiacent uses of land through instaltation of screen fences or landscape materials on the periphery of the lot and by location of intensivety utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Comment The proposed ADU is in characterto the surrounding propefties and should not adversely impact surrounding owners. lf approved, the applicants shall use minimal lighting that is shielded to prevent light trespass on other properties and is inward and dowi*arJ facing towards the structure. This standard is met. specific special use Permit standards for ADU (s 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building site with slopes /ess than 40% at least two (2) acres in size. Staff Comment The property contains 4.75 acres, which exceeds the minimum required for an ADU (4acres). The proposed ADU will be on a poftion of the property that has no slopes exceeding 40%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed liOOsq.ft. Staff Comment The applicant has provided documentation that the gross floor area of the existing unit which is proposed to be convefted to an ADU is 1480 square feet. This standard iJmet. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no Homeowners Association or restrictive covenants on this parcel. This requirement is not applicable. 4) Proof of a legally adequate source of water for an additional dweiling unit. Staff Comment The Applicant has provided well permit number 124670 which was issued March 30, 1982. This permit allows for household use in 1 residential dwelling unit. As the property currently has one dwelling unit, this well is adequate to serue the ADU. Tne Appiicani must obtain an adequate well permit prior to issuance of the building permit for the newprimary dwelling unit. This standard is met S) Compliance with the County individual sewage disposal system regulations or proof of a tegal ability to connect to an approved central sewage treatment faci litY. Staff Comment ln addition, the Applicant has submitted ISDS permit number 1378 which is adequate for a home of up to 3 bedrooms. This is an existing ISDS system which currently seryes the proposed ADU. The Applicant must obtain an adequate ISDS permit prior to issuance of the building permit for the new primary dwelling unit. This standard is met. 6) Only leasehotd interests in the dwelling units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The dwelling unit to be utilized as an ADU was constructed in 1984 under building permit number 3019. At this point, tfre Owetlin accordance with all applicable building codes. This standard is met. 2. SUGGESTED FINDINGS That proper public notice was provided as required for the hearing before the Board of County Commissioners. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application is in conformance with the Gar{ield County Zoning Resolution of 1978, as amended. 3. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. 2. 3. 4. 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commis_sioners, shall be considered conditions of approval unless othenruise modified by the Board' Z. All lighting associated with the ADU shall be the minimum amount necessary' All exteiior tigtrting shall be shielded to prevent light trespass on any adjoining propefty and be downward facing towards the structure' 3. The applicant shall obtain any applicable GarJield county grading permits and colorado Depaftment of Transportation access permits. 4. The Applicant shall meet all requirements of the GarJield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements' 5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 6)prio, to issuance of the building permit for the primary dwelling unit, the Applicant \Jsf.ratt obtain a well permit with Juificient rights and quantity to provide for the new unit. G\* the time of building permit for the primary dwelling unit, the Applicant shall obtain \Ju; rSoS permit frombadield County capacity to provide for the new unit' 4. RECOMMENDED MOTION ,,1 move to approve the special Use Permit request for an Accessory Dwelling Unit for a property located a:-17527 Highway 82 with the conditions proposed by Staff'" Aprtl26,2007 David Pesnichak Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Rancho Trio - El Jebel, Accessory Dwelling Unit Dear David: I have reviewed the application for the proposed Rancho-Trio accessory dwelling unit' The application *ur r"ri"*"d for compliance with the International Fire Code (IFC) 2003 edition, adopted by the County. I would offer the following comments' Access The access to the existing building is adequate for emergency apparatus. An adequate turn-around should be provided for the proposed new primary residence' Water Supplies for Fire Protection would be supplied by water tanker shuttle' Please contact me if you have any questions or if I can be of any assistance' rug- Bill Gavette Deputy Chief T\: fl rt l'_',T: "I--1 :j]Eii.-;,{".;*';, ' r-: APR 3 I 2007 l-,'ll ] tll: l,j,,i',r , ..,-'dl: r;{-l I i! .,i | !.t I - Carbondale & Rural Fire Protection District 300 Mearlowood l)rive o carhonrlale. co 81623 0 970-96i-2491 Fax q70-g6l-0569 FIRE.EMS.RESCUE GARFIELD COUNTY Building & Planning DePartment Review Agency Form Date Sent: APrll 20, 2007 Comments Due: MaY 9,2007 Name of application: Rancho Trio-El Jebel, LLC Sent to: Garfield Counqz Road & Bridge Dept. Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline' This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Sfeet, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments:ield C & Brird fiment tions this application with the following comments' of an existi dLrivewa), access permit with conditions specific to the driveway access location. an existins dri the driss permrt e to meet t for AV ACCESS new driveway access. Name of review agency: Garfield Count)z Road and Bridse Dept By:Jake B. Mall _Dare April 30. 2007 Revised 3/30/00 of1 David Pesnichak From: Jena Skinner-Markowitz [Jena.Skinner-Markowitz@eaglecounty'us] Monday, May 14, 2007 11 :00 AM David Pesnichak - Sent: To: Subject: Rancho Trio- El Jebel I apologize for my late response; hopefully it is not too late to respond. 1. Eagle County has recently amended the Eagle County.Land Use Hegulations, our governing land use document, to require protf of legal water prLr to granting of any development.permit. According to the proposal ror tne nou, proof of l6gal watei source has no1 been established" we find it difficult to make this finding utilizing'pending' appiications. Z. Eagle County has also recently amended the Eagle County Land Us.e Regulations adding provisions for beiming. There is reference in the application thit visual mitigation for the.additional structure includes utilizing-land..uping and berming. We reco*mend that you carelully consider.the design of the berm to enEure that the berm resembles a natural-looking (to the greatest extinct possible), articulated landscaped feature; uniform, elongated berms aie not reCommended, and look very human-made' We very much appreciate the opportunity to review this application. Please contact me if you have any questions' Sincerely, Jena Skinner-h'Iarkowitz, AICP Planner, Eagle County Comm. Development Phone: (970) 328-8748 Fax: (970) 328-7185 jena. skinner-markowitz @ eagiecounty.u s 5t1412.001 Garfteld County May 2'1,2OO7 Michael Feigenbaum, PC 132 Midland Avenue, #4 Basalt, CO 81621 BUILDING & PIA,NNING DEPARTMENT Re: Request for a Special Use Permit for an Accessory Dwelting Unit Dear Mr. Feigenbaum, As you are aware, on Monday Apn|12,2007, the Board of County Commissioners approved a Special Use Permit for an "Accessory Dwelling Unit" located east of the Town of Carbondale and described as 17527 Highway 82. The Special Use Permit was recommended for approval with the following conditions: 1. All representations of the applicant, eitherwithin the application orstated atthe hearing beforethe Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All eterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The applicant shall obtain any applicable Garfield Coung grading permits and Colorado Department of Transportation access permits. 4. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. Prior to the issuance of a building permit for the primary dwelling unit, the Applicant shall submit a noxious weed inventory including a management plan for the identified noxious weeds to the Building and Planning Department. L Prior to issuance of the building permit for the primary dwelling unit, the Applicant shall obtain a well permit with sufficient rights and quantity to provide for the new unit. 9. At the time of building permit for the primary dwelling unit, the Appticant shall obtain an |SDS permit from Garfield County capacity to provide for the new unit. Sincerely, Senior Planner (970) 945-8212 108 Eighth Street, Suite 4011 Gbrwood Springs, CO 81601 (970) 945-8212 , (970) 285-7972. Fax: (970) 3A3470