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Home My WebLink About3.0 BOCC Staff Report 08.18.2003REQUEST: APPLICANT: LOCATION: • • BOCC 08/18/03 FJ PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit request for an Accessory Dwelling Unit (ADU) Bernard and Martha Long Lot 3 of the Long Subdivision, 8153 County Road 312, 7 miles south of New Castle SITE DATA: 7 acres ACCESS: County Road 312 WATER: Adjudicated Spring (Case: 01 CW 183) SEWER: ISDS EXISTING ZONING: A/R/RD I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to place a manufactured home on their property to serve as an Accessory Dwelling Unit (hereinafter "ADU"). The property to contain the ADU is known as Lot 3 of the Long Subdivision, contains 7 acres, and is located approximately seven miles south of New Castle on County Road 312. The property was historically irrigated and utilized to raise alfalfa. Slope across the property consists of a gradual slope (7%) running in a northwest to south east direction. Most of the land uses in the surrounding area are agricultural / residential on relatively large lots. II. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in Section 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. Impacts are generally expected to be minimal due to the large lot size and the fact that the structure is already in place on the property. B. Zoning Resolution: An ADU is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to Accessory Dwelling Units in Section 5.03.21. The requirements / standards are listed below in bold italics followed by a Staff response: 1 General Special Use ermit Requirements (Section 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 Finding The Applicant proposes to use an improved adjudicated spring to serve as the legal and physical water source which includes an augmentation plan due to the fact that the property is located within "Area B" for water augmentation. More specifically, the Applicant has been approved for an adjudicated spring which will serve as the water sources for the ADU. The augmentation plan required the Applicant to create a pond on site (0.5 af) to serve as fire, aesthetic, and augmentation water available for release when a call is made for more senior water rights on the Garfield Creek drainage. It should be noted, the Division of Water Resources indicated that the Applicant had not complied with the requirements of the decreed augmentation plan, in that; the pond does not actually hold water. As a result, there could be material injury if the augmentation plan is not fully functional as adjudicated; "the water source for the proposed ADU will be vulnerable to being shut off when the stream is on call unless the augmentation plan is in operation." (See letter as Exhibit G.) Staff cannot recommend approval of this SUP due to the inability of the Applicant to secure a legal and adequate source of water due to the non- compliance with the terms and obligations of the augmentation decree. The Applicant proposes to construct an adequate septic tank and leach field to serve the wastewater needs of the unit. Electricity will be provided by Holy Cross Electric. Staff finds this standard to be 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 Finding The ADU will be located on the rear of the lot served by a driveway which extends from the existing driveway that serves the primary single-family dwelling for Lot 3. This would only result in an additional 9.57 trips a day from that property and no need for an additional road cut onto County Road 312. Staff finds this standard to be met. 3) Design of the proposed use 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 to protect established neighborhood character; Staff Finding The ADU will be located behind the primary single-family dwelling and will share the same existing driveway. Staff does not find the additional unit will significantly impact the area 2 due to its locatia relatively remote area of the Co which is nestled in an area between heavily vegetated (gamble oak and choke cherry Garfield and Belodi Creeks. There will be no significant impact to County Road 312 as no additional road cut will be needed. Staff finds this standard to be met. Specific Special Use Permit Standards for ADU (Section 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Staff Finding The property contains 7 acres which exceeds the minimum acreage required and the slope across the property consists of a gradual slope (7%) running in a northwest to south east direction. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft Staff Finding The ADU will contain a total of approximately 1,309 square feet which does not exceed the maximum allowed. A floor plan is included in the application. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding The property is located within the Long Subdivision which consists of a total of three lots. The Applicant provided a copy of the Covenants, Conditions and Restrictions (CC&Rs) which does not prohibit the ability to place ADUs on the property. This standard is met. 4) Proof of a legally adequate source of water for an additional dwelling unit Staff Finding The Applicant proposes to provide domestic, irrigation, and fire protection water from the ADU from an adjudicated spring (Case: 01 CW 183) on the property called the Long Alder Spring. A copy of the approved court decree is attached to the application. The source of groundwater for the spring is a groundwater tributary to Garfield Creek which is a tributary to the Colorado River. The spring is a natural spring that has been improved by excavation and other improvements to collect and concentrate flow of the spring. (The primary single- family dwelling on the property is provided with water from a shared exempt well with the other two lots in the Long Subdivision pursuant to well permit #168645.) As part of the same approved decree, the Applicant is required to construct the Long Alder Pond which will be filled with water (0.5 acre feet) from Garfield Creek through Williams Ditch No. 2. The purpose of this water is for fire protection, aesthetic, and augmentation. The approved decree included the provision of this adjudicated water to serve an ADU on the property. Again, and as noted earlier, Michael Craig of the Division of Water Resources indicated that 3 the Applicant h complied with the requirements of tcreed augmentation plan, in that, the pond does not actually hold water. As a result, there could be material injury if the augmentation plan is not fully functional as adjudicated. (See letter as Exhibit G.) Staff cannot recommend approval of this SUP due to the inability of the Applicant to secure a legal and adequate source of water due to the non-compliance with the terms and obligations of the augmentation decree. This standard is not 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 facility. Staff Finding The Applicant will apply for a septic permit from Garfield County that is adequate to serve the ADU. In review of the subdivision approval that created Lot 3 of the Long Subdivision, the Applicant was required to include a plat note on the final plat that stated "Soil conditions on the site will require engineered septic systems and may require engineered building foundations." due to the soils in the area. Staff would recommend the Board also require this as a condition of approval with this ADU. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The zoning will allow leasehold interests in the unit only. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Finding The Applicant proposes to locate a new manufactured "modular" home (Goldenwest Homes) on the property to serve as the ADU. This unit meets the appropriate County building code requirements as confirmed by the Chief Building Official. This standard is met. III. 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, 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, safety, morals, 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. 4 IV. RECOMMENDATIO• Staff recommends DENIAL. V. RECOMMENDED MOTION (always stated in the affirmative) "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 8153 County Road 312, New Castle, CO." 5