The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 12.10.2007BOCC Exhibits (12/ 10/2007) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County ZoningRegulations of 1978, as amended (the Zoning CoQ") D Garfield County Comprehensive Plan of 2000 E Staff Memorandum F Aoolication G Memo from Jake Mall of the Garfield County Road and Bridge Department dated 4-30-2001 Exhibit Letter iA to Z) BOCC 1A1U2007 DP ROARING FORK PURCHASE TRUST - PREHM RANCH EXEMPTION LOT 3 . ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER Special Use Permit for an Accessory Dwelling Unit (ADU) Roaring Fork Purchase Trust (Represented by Michael Feigenbaum) Prehm Ranch Exemption Lot 3, Glenwood Springs 4-123 Acres County Road 163 Existing Well (Permit No.56080) SEWER Existing ISDS (Permit No. 3705) COMPREHENSIVE PLAN Medium Density Residential - 6 to 10 acres per dwelling unit EXISTING ZONING 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 4.123 Acre parcel, described as Prehm Ranch Exemption Lot 3 and located south of the City of Glenwood Springs. The proposed ADU is to be a new structure on the propefty and will be in addition to the existing primary 6,029 square foot home. The driveway is to be off County Road 163 and will be used as access to the proposed ADU. Roaring Fork Purchase Trust - Zoning and Location Map 0 300 600 1.200 Feet iii: iii i;!; I:i i:li$l liii;illI{$:'r' iiiii;; !a;: ii'litX,r: I;ii l;i!'{ !ilii)i;1i;tit:lr..:; lar til: iil 'Elr ii,;r: li.;Its9 "it {; i-r: E ar ,{;ili:irr-[t;ilEirlfri!$ia!!:ri:(!rr:l;i;iililii"llr;a !1 t:ili i: lii;g:l rt:;iti Iii:tEi;r.i, : lr Ir !t i tlr :r r rI ii i-l i-u i,-l :tll ;-=ilt;; t=,1 lzl r-"t, i i,,i! i'--ll i=ilr.dil ll il ri I ii il ar1a ju g :t- xa :' Y-P14TC.tr 6Eo- o> p- 3 i;irill:i iIi iitfri; iilfiiil* ili iiliiii l;!?;i:{;l !i i$tr:,:i:!9rF:,3: rr irtir:;lriiiiiil ri irti{iI;.i{!"iei l: ,rr!t.ri8;!i:,:: :! r;I[i ::iil!:* ii liiil"i!iii;ii; i; 31;t; iiiiifiI; ii iiiii r:l;l:i,; li iii!:I:M:ibi :: iri:i i:iiii:[i ii iii;i*;!;lii$i ii iiill ; "! ',[u *--=- iis: t! :ri ii.;II 6: ;: {l 9it; iJ i , -! ur{rrr,ffNrsulei" l " ! d i cdFf 4, sf ih^ ir -/qFl - if li: L63I' t : ireffiETEATPRBMNTi I ii Prehm Ranch Exemption Lot 3 - lmprovement Suruey ":F i a*X.o I i.i iliii: 'i:: '- Ir: I ::$'i:iiifii " ^lfiir ilt i ri:I:!ii;:'i ii ;ii!i iil il$!i! :; I :i ;ritiil:i! it}li rr I i'l;i;! !r !;l(a!' -. .'! !*r!l i* iii&8;i 6l lEr{s!* :, !i!li!" :r iiil::: :t ;r f:::i i; i; i;Iti l! il !ll!: rr ;r!ta;! :r ,L ,t $ E Roaring Fork Purchase Trust - Comprehensive Plan Designation 4 0 300 600 Roaring Fork Purchase Trust - Comprehensive Plan ldentified Hazards 0 130 260 520 Feet 5 2. Referrals: Gadield Countv Road and Bridoe Depaftment: Citv of Glenwood Sprinos: (See Exhibit G) No Comments Received 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. Comprehensive Plan: The Comprehensive Plan of 2000 identifies this lot as being designated Medium Density Residential with a density of 6 to 10 acres/dwelling unit. As the subject properly is 4.123 acres with one home already constructed on the propefty, the Comprehensive Plan does not support the development of any additional dwelling units on this parcel. To this end, this application is not in conformance with the Comprehensive Plan of 2000. ln addition, the Comprehensive Plan identifies this area as being within a Septic Constraint Area due to a high water table. Although an ISDS is already located on the propefty, Staff recommends that additional demand not be placed on the ISDS within this area as it could have negative impacts on water quality. To this end, Staff recommends that if this application is approved that the Accessory Dwelling Unit be limited to 1 bedroom, bringing the ISDS up to its maximum permitted capacity of 8 bedrooms. The Comprehensive Plan states that the purpose of the Septic Constraint designation is as follows: A union of all major geologic hazards extracted from the 1976 geologic study by Lincoln DeVore Laboratories. This layer was used in the establishment of Comprehensive Plan maps beginning in 1 994. C. 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 (S 5.03) 1) Utilities 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 well permit number 56080 which was issued August 15, 2OO1 . This permit allows for household use in 1 residential dwelling unit and 1 accessory dwelling unit. ln addition, the property has one ISDS under permit number 3705. This ISDS was constructed to support a total of 8 bedrooms. The application has stated that the existing home has a totalof 7 bedrooms, leaving 1 bedroom remaining forthe Accessory Dwelling Unit. Staff recommends that if this SUP is approved that the Accessory Dwelling Unit be limited to 1 bedroom in order to not exceed the capacity of the lsDS. 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 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 a driveway which is to serve both the ADU and primary dwelling unit. This driveway is accessed from County Road 163. Gadield County Road and Bridge has indicated that they have no objection to this application (See Exhibit F). This standard is met. 3) Design of the proposeduse is organized to minimize impact on and from adiacent 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 to protect established neighborhood character; Staff Comment The proposed ADU is in characterto the surrounding properties 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 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) acres containing a building site with slopes /ess than 40% at least two (2) acres in size. Staff Comment The propefty contains 4.123 acres, which exceeds the minimum required for an ADU (4 acres) within the Zoning Resolution. The proposed ADU will be on a portion 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 15OO sq.ft. Staff Comment The Applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicabte. Staff Comment The Applicant states that the Home Owners Association (HOA) allows Accessory Dwelling Units as long as they are approved by the HOA's architectural review committee. Staff understands that the architectural review committee has reviewed this application and the Applicant has gained approval. This standard is met. 4) Proof of a legally adequate source of water for an additionat dwetling unit. Staff Comment The Applicant has provided well permit number 56080 which was issued August 15, 2001 . This permit allows for household use in 1 residential dwelling unit and 1 accessory dwelling unit. This standard is met. 5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facil ity. Staff Comment The property has one ISDS under permit number 3705. This ISDS was constructed to suppott a total of 8 bedrooms. The Applicant has stated that the existing home has a total of 7 bedrooms, leaving 1 bedroom remaining for the Accessory Dwelling Unit. Staff recommends that if this SUP is approved that the Accessory Dwelling Unit be limited to 1 bedroom in order to not exceed the capacity of the ISDS. This standard is met. 6) Only leasehold 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 Applicant is required to obtain a valid building permit from the GarJield County Building Deparlment for the new Accessory Dwelling Unit. ln addition, this Accessory Dwelling Unit will be required to meet all applicable federal, state and local regulations. This standard is met. 8 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 pefiinent 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 NOT 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 Garfield County Zoning Resolution of 1978, as amended. That the application is NOT in conformance with the Garfield County Comprehensive Plan of 2000. 6. That the subject property is identified within the Comprehensive Plan of 2OOO as being within an area of a High Water Table and subsequently within the Septic Constraint 3. RECOMMENDATION Staff recommends DENIAL of this application since it is not in conformance with the Comprehensive Plan of 2000. However, should the Board of County Commissioners find reason to approve this application, Staff recommends 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 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 County building permits, grading permits and access permits. The Applicant shall meet all requirements of the GarJield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. The gross floor area of the accessory dwelling unit shall not exceed 1 ,500 square feet. 1. 2. 3. 4. 5. 4. 5. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. Since the subject properly is within the Septic Constraint designation in the Comprehensive Plan of 2000 and in order to maintain compliance with ISDS Permit Number 3705, the Accessory Dwelling Unit shall be limited to one (1) bedroom. 4. RECOMMENDED MOTION "l move to deny the Special Use Permit request for an Accessory Dwelling Unit for a property described as Prehm Ranch Exemption Lot 3 located south of the City of Glenwood Springs." 10 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT ir0oog Date Sent: October 22,2007 Comments Due: November 16,2007 Name of application: Roaring Fork Purchase Trust Sent to: "-tt.,d *,-r-"**r r.- "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 Staffs contact: Katv Middleton 109 8th Street, Suit! fOt Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Ga{field Counlv Road &. Bridge Department has no objection to this application. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date November 5. 2007 Revised 3/30100