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Home My WebLink About2.0 BOCC Staff Report 09.16.2002Exhibits for Marlin (Colorado) I.ot 4, LLC Public Hearing held on September 16,2002 Exhibit Letter (AtoZ't Exhibit A Mail Receipts B Proof of Publication C Garfi eld County Zonine Rezulations D Garfield County Comprehensive Plan of 2000 E Garfield County Subdivision Rezulations F Marlin (Colorado) Lot 4. LLC aoolication and all attachments G Proiect lnformation and Staff Comments. 9116102 H I J K L M N o P o R S T U v x Y Z AA BB CC DD EE FF GG HH II JJ KK LL MM NN oo PP REOUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: SURROUNDING ZONING: I. EK, 4. BOCC 09116102 PROJECT INFORMATION AI\[D STAFF COMMENTS A request for review of a Special Use Permit to allow an Accessory Dwelling Unit. Marlin (Colorado) Lot 4,LLC The Preserve at the Prehm Ranctu located south of Glenwood Springs offof CR 163. 35.00 acres County Road 163 Individual well ISDS. AIR/RD A/R/RD il. INTRODUCTION/DESCRIPTION OF THE PROPOSAL : The applicant has requested approval of a Special Use Permit for an Accessory Dwelling Unit on a35 acre tract of land created as a part of a development called The Preserve at Prehm Ranch. The subject property is currently vacant. Access to the property is via County Road 163. Water is to be supplied by an individual domestic well. Wastewater is to be treated through an individual sewage disposal system. RELATIONSHIP TO THE COMPREHENSIVE PLAN This application appears to be in compliance with the Garfield County Comprehensive Plan of 1995 for Study Area 1, as amended, which has a recommended density of one dwelling unit per 10 acre for the area adjacent to the Roaring Fork River and the upland areas are recommended for a density of one dwelling per 6-10 acres. This application would be in general compliance with these provisions of the Comprehensive Plan. m.GARFIELD COUNTY ZONING RESOLUTION: Section 3.02 A/R/RD - AgriculturaUResidential/Rural Density allows Accessory Dwelling Units as a Special Use. Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional ond special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (I) utilities adequate to provide water and sanitation service based on accepted engineering standards and opproved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Included in the application is a copy of domestic well permit # 235434, but to date the well has not been drilled. Also included in the application is a copy of pertinent parts of a report provided as a part of the subdivision exemption from Chris Manera, Colorado River Engineering, which finds that the site should be capable of developing a well of sufficient quantity and quality to supply the proposed Accessory Dwelling Unit and primary dwelling unit. The applicants propose to provide well tests after drilling the well, but prior to building permit. It has been the County's practice to require the following tests be performed prior to final approval of the Special Use permit: 1) That a four (a) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (a) hour pump test indicating the pumping rate in gallons per minute and ffirmation showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should k adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; High Country Engineering prepared a site plan that shows an area uphill from the proposed primary and accessory dwelling units. The report indicates that there is adequate area for a 3900 sq. ft. leach field, which would be capable of handling an average flow of 2000 gpd, with a percolation rate of one (1) inch in 30 minutes. Staffnotes that the proposed ISDS system for the proposed Accessory Dwelling (2) and primary dwelling unit will require a pumping system to get the sewage into the leach field. Any approval of the proposed Special Use permit should be contingent on the system being designed by a registered engineer. Therefore, it appears that the submitted application complies with this regulation with regard to adequate utilities to provide water and sanitation service, provided there is an engineered design ofthe ISDS submitted with any building permit application. Street improvements adequate to accommodate trffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in coniunction with the proposed use; The identified access is via County Road 163 and a private access easement through other property within The Preserve at Prehm Ranch. As a part of a settlement of a lawsuit between the Prehm Ranch developers, Westbank Ranch HOA and the County, there is a secondary access to the property that is limited to an average of 27 vehicles per day over a 60 day period of time. The alternate access should not be considered the primary access, but the property owner of Lot 4 should be aware of the limitation. Staffwould suggest that a condition of approval for the ADU be that the property owner will be made aware of the limitation on access from the proposed south entrance and that they will be required to comply with the limitations imposed as a part of the settlement agreement. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or londscape materials on the periphery of the lot and by location of intensively utilized oreos, access points, lighting and signs in such o manner as to protect established neighborhood character. All of the lots in the Preserve at Prehm Ranch are to be high end residential units and the covenants specifically anticipate an accessory dwelling as a part ofthe types of buildings to be in the neighborhood. This particular ADU is proposed to be located on a lot that is in the middle of the development and should not create any undue impacts on adjoining property. AI lighting will have to be downward and inward from the property lines to prevent any lighting impacts on the adjoining and nearby properties. Section 5.03.21 Accessory Dwelling Unit: (1) The minimum lot size sholl be four (4) acres containing a building site with slopes less than 40o% at least two (2) acres in size. (3) J (2) The subject lot is in excess of four (4) acres (it is 5.00 acres in size), and the lot contains a building site with slopes less than 40Yo at least two (2) acres in size. The grossJloor areafor residential use occupancy shall not exceed 1500 sq. ft. The proposed Accessory Dwelling Unit is proposed to be between 1400 and 1500 square feet, whioh meets the limitation noted in the regulations. Approval from the subdivision homeowners association and/or allowed by c ov enant if appl i c abl e. The application submittal contains a copy of a portion of the recorded covenants that specifically allows for a single family dwelling and an accessory dwelling. It should be noted that an accessory dwelling has to be a detached dwelling from the primary residence on the property. If the unit is attached to the primary dwelling, the entire structure becomes a two family dwelling by definition in the County Zonng Resolution. Proof of a legally adequate source of water for an additional dwelling unit. As noted previously, the application contains a copy of domestic well permit # 235434, but to date the well has not been drilled. Also included in the application is a copy of pertinent parts of a report provided as a part of the subdivision exemption from Chris Manera, Colorado River Engineering, which finds that the site should be capable of developing a well of sufficient quantity and quality to supply the proposed Accessory Dwelling Unit and primary dwelling unit. It appears that proof of a legally adequate source of water can be developed for the additional dwelling turit. Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. As noted previously, High Country Engineering prepared a site plan that shows an area uphill from the proposed primary and accessory dwelling units. The report indicates that there is adequate area for a 3900 sq. ft. leach field, which would be capable of handling an average flow of 2000 gpd, with a percolation rate of one (l) inch in 30 minutes. Staffnotes that the proposed ISDS system for the proposed Accessory Dwelling and primary dwelling unit will require a pumping system to get the sewage into the leach field. Any approval of the proposed Special Use permit should be contingent on the system being designed by a registered engineer. Therefore, it appears that the submitted application complies with this regulation with regard to adequate utilities to provide water and (3) (4) (s) sanitation service, provided there is an engineered design of the ISDS submitted with any building permit application (6) Only leasehold interests in the duelling units is allowed. Staffrecommends this as a condition of any approval. (7) That all construction complies with the appropriate County building code requirements. Staffrecommends this as a condition ofany approval. Building permits will have to be obtained for any primary and/or accessory dwelling unit to be built on the subject property. IV. SUGGESTED FINDINGS: 1. That proper posting and 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, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, *f"ty, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in compliance with the Garfield County Zonng Resolution of 1978, as amended. V. RECOMMENDATION Staffrecommends APPROVAL, of the applied for Special Use Permit, with the following conditions: 1. That 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. 2. Section 5.03.21of the Garfield County Zonng Resolution, 1978, as amended, shall be complied with by the applicant and any successors in interest, more specifically the following : 5