HomeMy WebLinkAbout4.0 BOCC Staff Report 09.08.2003REQUEST:
APPL ICANT:
LOCATION:
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BOCC 09/08/03
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. BACKGROUND
As you are aware, the Board opened and continued the public hearing on this request for a Special
Use Permit for an Accessory Dwelling Unit on 8/18/03 so that the Applicant could prove that his
pond (required as part of the augmentation plan) could hold water. As of the drafting of this memo,
Staff contacted the Division of Water Resources who had not received any contact with the
Applicant since their initial opinion. As such, Staff has submitted the same staff report as previously
submitted with the same recommendation of denial based on the fact that a legal and physical
source of water has not been demonstrated.
II. 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.
IILAPPLICABLE 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.
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Zoning An ADU is a s ecial use in the A/R/RD zone district pursuant to Section
B. o g Resolution: p
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:
General Special Use Permit 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,
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lighting antns in such a manner as to proOestablished 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
due to its location in a relatively remote area of the County 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: 01CW183) 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
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Pond which willlled with water (0.5 acre feet) from C•eld 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
the Applicant has 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. (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.
IV. 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
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best interest e health, safety, morals, convenience,•er, prosperity and welfare of
the citizens o
�
arfield County.
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4. That the application is in conformance with the Garfield County Zoning Resolution of
1978, as amended.
V. RECOMMENDATION
Staff recommends DENIAL.
VI. 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."
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STA1EOFCOL s U
DIVISION OF WATER RESOURCES
WATER DIVISION 5
Office of the State Engineer
Department of Natural Resources
P 0 Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 945-8741 (call first)
August 8, 2003
Fred Jarman
Senior Planner
Garfield County Building and
108 8th street
Glenwood Springs, CO 81601
RECEIVED
AUG 11 2003
GARFIELD COUNTY
BUILDING & PLANNING
Planning Dept.
Re: Long/Alderson Augmentation Plan
Dear Mr. Jarman,
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson
State Engineer
Alan C. Martellaro
Division Engineer
It has come to our attention that Mr. Bernard Long will be submitting an application for an ADU on
his property on Garfield Creek. The Division of Water Resources has the following concerns
regarding this application.
Mr. Long outlined his water supply for this ADU in Water Court Case # 01CW183. This application
describes the Long Alder Spring as the primary source of water for the proposed ADU. The water
application (01CW183) was approved with the condition that Mr. Long provide an augmentation plan
for out of priority depletions to Garfield Creek. Specifically the augmentation plan calls for a small
pond with a capacity of 0.5 acre feet to be filled early in the year in priority and released later in the
summer to provide augmentation. The pond is constructed but does not hold water therefore the
augmentation plan is not operational at this time. 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 operational.
Sine
ichael Craig
Water Commissioner istrict 45
Cc: Alan Martellaro, Division Engineer
John Sikora, Assistant Division Engineer
• TABLE II
POND AND LAKE EVAPORATION
NAME: LONG/ALDER POND JOB NO. 568-2.0
ELEVATION: 7300 FEET
MEAN ANNUAL EVAPORATION: 40 INCHES
POND (RESERVOIR) SURFACE AREA: 0.07 ACRES
MONTH
I
GROSS
EVAP.
RATE
_(1)_
(INCHES)
AVERAGE
PRECIP.
(2)
(INCHES)
EFFECTIVE
PRECIP.
(3)
(INCHES)
NET
EVAP.
RATE
(4)
(INCHES)
POND
EVAP.
(5)
(A.F.)
JANUARY
0.40
1.44
1.01
0.00
0.000
FEBRUARY
1.20
1.10
0.77
0.43
0.003
MARCH
2.40
1.40
0.98
1.42
0.008
APRIL
3.60
1.52
1.06
2.54
0.015
MAY
5.00
1.50
1.05
3.95
0.023
JUNE
6.20
1.25
0.88
5.33
0.031
JULY
6.40
1.31
0.92
5.48
0.032
AUGUST
5.20
1.31
0.92
4.28
0.025
SEPTEMBER
4.40
1.67
1.17
3.23
-0.019
OCTOBER
3.00
1.70
1.19
1.81
0.011
NOVEMBER
1.60
1.19
0.83
0.77
0.004
DECEMBER
0.60
1.46
1.02
0.00
0.000
TOTAL
40.00
16.85
11.80
29.24
0.171
(1.) MONTHLY DISTRIBUTION OF GROSS ANNUAL EVAPORATION RATE IN ACCORDANCE WITH SEO
GENERAL CRITERIA
(2.) MONTHLY PRECIPITATION FROM GLENWOO SPRINGS WEATHER STATION.
(3.) 70% OF COLUMN 2.
(4.) GROSS EVAPORATION LESS EFFECTIVE PRECIPITATION. (1.) - (3.)
(5.)TOTAL RESERVOIR EVAPORATION
7127/01 Reasource Engineering. Inc
SEP -0B-2013 11:57AM FROM-DIV5WATERES111109709458741
DIVISION OF WATER RESOURCES
WATER DIVISION S
Office of thc State Engineer
Department of Natural Resources
P O Box 396 (50633 U S Highway 6 24)
Glenwood Springs CO 81602
Mont- (970)945-5665
FAX (970) 945-8741 (call first)
lltip://water.state.co_usidcfault.htm
T-345 P D02/002
S1'A IE OF COLOI
September 8, 2003
Fred Jazman
Senior Planner
Garfield County Building and Planning Dept.
108 8th Street
Glenwood Springs, CO 81601
Re: Long/Alderson Augmentation Plan
Dear Mr. Jarman,
DTII Owens
Governor
Greg E. Walcher
Executive Director
Hal O. Simpaun, P.C.
State Cnglneer
Alan C. Marteilaro
DTVI tion Engineer
I am writing to follow up on the status of the Long/Alderson Augmentation Plan. Alan Martellaro, Kyle
Whitaker, and I met with Bernie Long, Dave Alderson, and Jeff Houpt on Friday September 5th to
discuss some form of resolution that would eliminate the need for the applicants to haul 160,000 gallons
of water up to the location of their augmentation pond. It was agreed that if Mr. Long and Mr. Alderson
would install thc pond liner in the pond to guarantee the pond would hold water in the future, our office
would sign off on the augmentation plan.
This morning I inspected theaugmentationpond at Mr. Long's property and found the pond liner
installed4o Irty satisfaction. This office feels that given the fact that the proposed ADU will not actually
use any water until December or January there will not be any significant impacts to irrigation rights on
Garfield Creek this fall. Therefore the Division of Water Resources finds this augmentation plan
operatiorrat atthis time subject to all other conditions as defined in Case No. 01CW183.
Sine ely
Michael Craig
Water Commission
Cc: Alan Martellaro
Jolm Sikora
istrict 45