HomeMy WebLinkAbout2.0 BOCC Staff Report 12.18.2006D
Exhibits (12118106)
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Proof of Mail
Proof of Publication
Garfield County ZoruneResulations of 1978, as amended (the Zoning Code
StaffMemorandum
Email from the Town of Carbondale Attorney. Mark Hamilton dated 121512006
Memo from the Town of Carbondale Utilities Director, Ed Fortner dated I 11112006
Well Permit Number 64970
Memorandum of Water Allotment Contract from Basalt Water Conservancy
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Letter
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f"o." 121812006 DP
JONES ADU
PROJECT INFORIUIAflON AND STAFF COMMENTS
REQUEST
APPLTCANT { OWNER
LOCATION
SITE DATA
AGCESS
WATER
SEWER
EXISTING ZONING
Special Use Permit for an Accessory Dwelling
Unit (ADU)
Kent Jones
544 Cowen Drive, Carbondale
5.23 Acres
Cowen Drive, Carbondale
Town of Carbondale (See
Town of Carbondale
ARRD
1. DESCRIPTION OF THE PROPOSAL:
The applicant requests the Board of County Commissioners grant a Special Use Permit
(SUP) for an Accessory Dwelling Unit (ADU) located on a 5.23 Acre parcel described as
544 Cowen Drive in the Town of Carbondale. The proposed ADU will be a mobile home.
The existing driveway is off Cowen Drive (Town of Carbondale) and will be used as
access to the proposed ADU.
2. Referrals:
Town of Carbondale: (See Exhibit F)o "Out-of-town" agreement between Mr. Jones and the Town of
Carbondale for water and sewer connection, which has conditions of
approval.
Wishes for approval of ADU SUP to be contingent upon compliance
with Town of Carbondale conditions for water and sewer service.
o Wishes County to be aware that the Town of Carbondale will provide
water and sewer service to the proposed ADU while providing only
sewer serviee to the larger home being constructed on the property.
Cahondale Fire Protection District: No Response
Garfield Countv Attornev: No Response
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
servi@, street improvements, and design of the proposed use to minimize impact
through various means shall be provided if found necessary.
B. Zoninq 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 (Q 5.03)
1) Utilities adequate to provide water and sanitation service based on
accepted engineering standards and approved by the Board of County
Commissionerc sfiall either be in place or shall be constructed in
conjunction with the proposed use.
Staff Gomment
Pursuant to a letter from the Town of Carbondale Utilities Department Director, Ed Fortner
(See Exhibit G), the Town of Carbondale has committed to provide the proposed ADU
with both water and sewer service. ln addition, the Town has committed to providing the
new 3900 square foot home in the back of the property with only sewer service. The
applicant has provided a well permit (See Exhibit H) and a Memorandum of Water
Allotment Contract with the Basalt Water Conservancy District for water service to the
main residence (See Exhibit l). The well permit allows for indoor residential use for one
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rights.unit with no irrigation This standard is met.
2) Street improvemenb adequate to accommodate traffic volume generated
by the proposed use and to provide safe, convenienf access to the use
shall 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 from Cowen Drive. Since Cowen Drive is a Town of Carbondale
roadway, any necessary access permits will need to be obtained from the Town of
Carbondale. Any necessary grading permits shall be obtained from the Garfield County
building department. This standard is met.
3) Design of the proposeduse is organized to minimize impact on and from
adjacent uses of land through installation of screen fences or landscape
materials on the periphery of the lot and by location of intensively utilized
areas, access points, lighting and signs in such a manner as fo protect
establ ished n ei g h bo rh ood c ha racte r ;
Staff Comment
The proposed ADU is in character to the surrounding properties and should not adversely
impact surrounding owners. lf approved, the applicants shall use minimal lighting that is
shielded to prevent lighttrespass on other properties and is inward and downward 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) acr* containing a building site
with slopes less than 40% at leasttwo (2) acres in size.
Staff Comment
The property contains 5.23 acres, which exceeds the required minimum required for an
ADU. The proposed ADU will be on a portion of the property that has no slopes
exceeding 4Oa/o. This standard is met.
2) The gross floor area for residential use occupancy shall not exceed 1500
s9,fr. (> {*t,1,, I \-
Staff Comment
The applicant has provided documentation that the gross floor area of the existing unit
which is proposed to be converted to an ADU is 1461 square feet. Staff will need a floor
plan with dimensions of the unit demonstrating that the proposed unit to be converted to
an ADU is in fact less than 1500 square feet. The property is taxed at 1536 square feet.
The Applicant is proposing to exempt a 75 square foot "utility room". This standard is a
proposed condition of approval.
3) Approval from the subdivision homeowners association and/or allowed
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covenant if applicable.by
Staff Comment
There is no Homeowners Association or restrictive covenants on this parcel. This
requirement is not applicable
4) Proof of a legally adequatesource of waterfor an additional dwelling unit
Staff Comment
The Town of Carbondale has submitted a letter indicating that water service will be
pnrvided by the Town (See Exhibit G). This standard is met
5) Compliance with the Gounty individual sewage disposal sysfem
regulations or proof of a legal ability to connect to an approved central
sewag e treatme nt fac i I ity.
Staff Gomment
Ttre Town of Carbondale has submitted a letter indicating that sewer service will be
provided by the Town (See Exhibit G). This standard is met.
6) Only leasehold rnferesfs in the dwelling units are allowed.
Slaff Gomment
The Applicant understands that only leasehold interests are allowed in the unit. This
standard is met.
7) That alt construction complies with the appropriate County buildingcode
requiremenfs.
Slaff Comment
The structure to be used as the ADU is an existing manufactured home. The Applicant
has submitted a letter by KurE and Associates, lnc. and signed by Brian J. Kurtz, PE
stating that "The foundation system is a 'permanent' foundation as defined by HUD's
"Permanent Foundation Guide for Manufactured Homes...lt is my professional opinion
that the structure is capable of safely resisting a design snow load of 40 PSF". This
st;andard is met. ,{; C-*4 , 'h,'i s l( *f (
2. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, mafters and issues were submitted and that all
interested parties were heard at that meeting.
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3. 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.
4. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended.
3. RE:COMMENDATION
Staff recommends APPROVAL, with the following conditions:
1. All representations of the applicant, either within the application or stated at the
hearing before the 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
exterior Iighting shall be shielded to prevent light trespass on any adjoining property
and be downward facing towards the structure.
3. The Applicant shall comply with all standards, conditions and regulations required by
the Town of Carbondate to obtain water and sewer service for the ADU.
4. The applicant shall obtain any applicable Garfield County access and grading permits'
S. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of
1978, as amended, and shall meet all building code requirements.
M.The gross floor area of the accessory dwelling unit shall not exceed 1,500 square
feet. Prior to the issuance of this Special Use Permit, the Applicant shall submit a
floor plan with dimensions of the existing home in order to demonstrate compliance
with the 1500 square foot limit for Accessory Dwelling Units.
The accessory dwelling unit shall not be conveyed as a separate interest but may
be leased.
'Prior to issuance of this Special Use Permit, the Applicant shall supply a photo or
other documentation of the manufactured home's model code insignia (lBC, UBC
or HUD label).
It appears that no building permit has been issued to the manufactured home
whic-h is proposed to be used as an ADU. Prior to issuance of this Special Use
Permit, the Applicant shall supply a copy of the issued building permit for this
structure or the Applicant must obtain a building permit for this structure.
4. RECOMMENDED MOTION
"l move to approve the Special Use Permit request for an Accessory Dwelling Unit for a
propeirty located at544 Cowen Drive with the conditions proposed by Staff."
7.
David Pesnichak
From:
Sent:
To:
Cc:
Subject:
Mark Hamilton [mham@chhpc.com]
Tuesday, December 05, 2006 5:21 PM
David Pesnichak
'Dotson, Doug'
Kent Jones Referalto Town of Carbondale
David:
I am the Town Attorney for Carbondale. f have your referral- form for Kent Jones' specialuse request.. ft request.s comments on or before "Tuesday December 7, 2005,, so I am unsureas to whether they are due t.oday (Tues) or Decernber 7 (Thurs) .
In any event, the Town of Carbondale wj-shes for GarCo tso be aware that it has entered intoan out-of-town water and sewer service agreement with Mr.Jones, which cont.ains a number of conditions. The Town would like any special use permitapproval to be expressly contingent upon compliance with this other agreement. for so longas the Town is the water/sewer provider.
Moreover, please note that Ehe Town's agreement with Mr. Jones is to continue to providewater/sewer service to the existing modular on ttre top of the hill near the road (whichunit wil-l be the ADU), but that the Town has agreed to provide oNLy SEWER SERVICE to thenew, larger home down on the lower part of the property. Mr. Jones is going to get a wel-lpermit. and drill a well to provide water Eo Ehis other home.
I will foward. a copy of the Town's agreement. wi-th Mr. Jones to you for review and wouldrequest that any staff report regarding this matter reguest a condition that approval becont.ingent upon Mr. Jones's cont.inuing compliance with this water service agreement.
Thanks,
Mark Hamilton
Mark E. Hamilton, Esq.Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
Gl-enwood Springs, CO 81501
Phone: 970.945.6067
Fax: 970.945.6292
E-mai1 : mham@chhpc. com
website : wlrw. chhpc , com
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. Itmay contain information that is confidential,privileged, proprietary, or otherwiie 1egallyexempt from disclosure. If you are not. the intended recipient, you are hereby notifiedthat you are not authorized to read, print, retain, copy or dj-sseminate t.his message, dDypart of it, or any attachments. If you have received this message in error, please deletethis message and any attachments from your system without reading the content and notifythe sender immediately of the inadverLent transmission.There is no intent on the part of the sender to waive any privilege, including theattorney-client privilege, that may attach to this communication. Thank you for yourcooperation.
Tornry OT.CARBo]\DALE
LTTTLTflES
511 Colorado Avenue
Carbondale, CO 81623
Kent Jones
Ed Forbrer
Tom Baker
Noember 1,20ffi
Limited letter of utitities service
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The Toan of Carbondde's Utilities Departnent hereby commits to serve Mr. Kent Jores, nevrr
3900 square focf single farnrly durefling at 544 CoM/an Drive with wasteryrrater service. This
commirnent of service b conditonal witr oonpliane of the associated se{vbe agreenrent.
The existing modubr dudhrlg on the troperty B presendy reei,rhg service fior |vater and
wastsu'ater from the Tomr. This uater and wastenrater seMce will corrtinrr. The water
connection to the nsw 3900 square foot threlling shall be disconnected by o,.ner and
inspected by the uHities Deparrnent prior b actiuating wa*anrater servbe for the durelling.
This commtrnent for was-tetnater service is conlirqent on payment of systern irnprove{nerrt
fees and any other fees outiined in the service agreement
U !Io*u., t*taffie
Ed Fortner, Jr.
Utilities Director
Town of Carbondale
97G963-3140
970-309-3987 (ceil)
efortner@carbonda leco. net
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(970) 963-3r 40 Fa-r (970) 963-0849
oFFrcE oF rHE r?r, ENGTNEER
COLORADO DIVISION OF WATE-B.RESOURGE
a-Ts-C;nten;'ial 6tOs- tilf SLormanSt., Denver. Cdorado 80203
(303) 86e3s81
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Form No
GWS-25
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APPLICANT
AFPROVED WELL LOCATION
GARFIELD COUNTY
NE 114 NW 114 Section M
Township 7 S Range 88 W Sixth P M
785 Ft. from North Section Line
1665 Ft. from West Section Line
UTM COORDINATES (Meters'Zone: 1 3.NAD83)
Eastino: Northing:
rSSUnr.rCe OF THIS pERMtT DOES NOT CONFERAWATER RIGHT
coNprTroNs oF aPPROVAL
1) This well shall be used in such a vyay as to cause no material iniury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested wator right or preclude another owner of a vested water right from
seeking relief in a civil court action.
Zl The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unkess epproval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-g}4g7(2) for the construction of a well, appropriating ground water fributary to the Roaring
Fork River, on the condition that the well shatl be operated only when the Basalt Water Conservancy District's substitute
water supply plan, approved by the State Engineer, is in effect and wtren a water allotment contract between the well owner
and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under
an approved plan for augmentation. BWCD c'ontract #506.
Approved as a wBll on a residential site of 5.234 acre(s) descrlbed as that portion of the NE 114 of the NW 1/4' Sec' 34,
Twp. 7 South, Rng. 88 West, 6th P"M., Garfield County, more particularly described on the attached exhiblt A' Further
identified as 554 Cowen Drive, Carbondale, CO 81623.
The use of ground water from this well is limited to ordinary household purposes inside one (1 ) single family dwelling.
The ground water shall not be used for inigation or other purposes. All use of this well will be curtailed unless the water
allotment contract or a plan for augmentation is in effect. This well is known as Jones (aka Rancho K Bar JRT) Well no' 1'
The pumping rate of this wall shall not excaed 15 GPM.
The av6rage annual amount of ground water to be appropriated shall not exceed 0.412 acre-foot (134,25O gallons)'
The ownor shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings'
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow mster must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submltted hc the Division Engineer upon
RANCHO K BAR JRT
C/O KENT JONES
PO BOX 132
CARBONDALE, CO 81623.
(e70) 309-3369
request.
NOTE: Parcel ldantification Number (PlN): 23-2393-U2-@,029
NOTE: AssessorTax Schedule Number: R011138
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10-18-2006
WELL PERMIT NUMBER 64970 -E----_*
DIV. 5 WD 38 DES. BASIN MD
MEMORANDUM OF WATER ALLOTMENT CONTRA
The Basalt Water Conservancy District (the "District") has granted Water Allotment
Contract No. 506, dated the 10th da,v of October, 2006, ("Contract"), to extend to the
owner(s) of the real property described on Exhibit A attached hereto and incorporated
herein by this reference the right to beneficially use water or water rights owned,leased,
or hereafter acquired by the District for such real property located in the Counfy of
Garfield, State of Colorado.
The Contract is subject to various conditions which may include well permit
requirements of the Colorado Division of Water Resources and Water Court approval of an
augmentation plan or substitute supply plan. Assignment of the Contract requires the
District's consent and Applicant's payment of an assignment fee,
Inquiries may be directed to: Basalt Water Conservancy District, c/o Christopher L.
Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 87602;
Telephone: (970) 945-5546; Fax: (970) 945-8902.
This Memorandum is subject to the terms and provisions of the Contract which are
incorporated herein by this reference. Upon recording, this Memorandum shall constitute
notice to bona fide purchasers of the Contract affecting the above-described property.
BASALT WATER CONSERVANCY DISTR]CT
Date: October 6, 2A06
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
Vice
The foregoing instrument was acknowledged before me this 10th day of October,
2006, by Arthur Bowles, Vice President of the Basa.lt Water Conservancy Diskict.
WIT official seal.
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