HomeMy WebLinkAbout3.0 BOCC Staff Report 12.05.2005Exhibits for the Public Hearing before the Board of County Commissioners
December 5, 2005 for the Special Use Permit to allow an ADU
Applicants/Owners: John and Lisa Moore
Staff: Richard Wheeler
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Mail Receipts
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Proof of Publication
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Garfield County Zoning Resolution of 1978, as amended
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Garfield County Subdivision Regulations of 1984, as amended
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Garfield County Comprehensive Plan of 2000
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Staff Report dated 12-05-05
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Application for the Special Use Permit - ADU
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Letter dated 11-10-05 From Robert Tobias
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Power Point presentation prepared by Planning Staff
BOCC 12-05-08 RW
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
LOCATION
SITE DATA
ACCESS
WATER
SEWER
EXISTING ZONING
Special Use Permit for an Accessory Dwelling Unit (ADU)
John and Lisa Moore
1230 CR 238
35.19 Acres
Private Drive from CR 238
Well, Permit #245197
ISDS (Individual Septic Disposal System)
ARRD (Agricultural / Residential / Rural Density)
I. 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 approximately two miles netof Coal Ridge
High School off of CR 238 — Slaughter Gulch Road. If approved the ADU will be the second
story of a garage that is currently under construction. The subject property is Lot 1 of the
Zelenka Land Survey, reception #499104. The property is a relatively isolated parcel in the
Peach Valley area northeast of Silt. The proposed ADU and future residence is on a 35.19 acre
parcel. The ADU will be accessed by an existing private drive from CR 238. An access
agreement has been executed between the two interested parties; Robert Tobias and John and
Lisa Moore. The location of the proposed ADU will meet all respective setbacks for the
ARRD zone. The proposed ADU will be located in an area heavily vegetated with trees,
providing adequate screening from any adjoining uses.
If approved, the ADU will be the second story of the garage that is currently under construction.
The applicant is proposing to live in the ADU while their primary residence on this property is
being constructed. Afterwards, the ADU will be used for visiting family members. It is not the
applicant's intent to use the ADU as rental property
As represented by the applicant, the proposed ADU will be less than 1,500 sq. ft. and will be the
second level of the residence's detached garage. The location of the garage and ADU is on a flat
piece of ground that is not within in any steep slope related topography.
II. 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
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improvements, and design of the proposed use to minimize impact through various means
shall be provided if found necessary.
B. Zoning Resolution: An ADU is a special use in the ARRD zone district pursuant to § 3.02.03
of the Zoning Resolution of 1978, as amended. The application must address the general SUP
review requirements in Section 5.03 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 ($ 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
There is one well that will serve the entire property — permit #245197. This well is
permitted for three single family dwellings. The applicant has not provided a well test to
determine adequacy for the proposed ADU and residence on the property. Prior to
approval of the permit staff is recommending the applicant submit the following well test
information:
1. That the well produces at least five gallons/ minute
2. That a four (4) hour pump test be performed on the well to be used;
3. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
4. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
5. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed dwelling units;
6. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
7. The water quality is tested by an independent testing laboratory and meets State
guidelines concerning bacteria and nitrates.
The applicant will need to submit the above well test before 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 an existing private drive. This existing
private drive is accessed from CR 238. As shown on the submitted application materials,
the applicants are proposing a small turnout for the garage and ADU. The remainder of
the drive will terminated at the proposed residence. This standard is met.
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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 Comment
The proposed location of the ADU is geographically located in an area the will not be
visible from any adjoining uses. The existing landscaping is dense and will allow
screening from adjacent areas. If 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 (4 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 Comment
The property contains 35.19 acres, which exceeds the required minimum lot for an ADU.
The proposed building envelope for the 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 1500 sq. ft.
Staff Comment
The applicant is aware the unit will not exceed 1,500 sq. ft. Compliance to this
requirement will be reviewed at the building permit stage. This standard is met.
3) Approval from the subdivision homeowners association and/or allowed by covenant
if applicable.
Staff Finding
There is no Homeowners Association for the Zelenka Land Survey. This requirement is
not applicable
4) Proof of a legally adequate source of water for an additional dwelling unit
Staff Comment
The applicant has provided staff with information showing a legal and physical source of
water for the proposed ADU. Adequacy has not been addressed to the satisfaction of staff.
Staff is recommending a well test be performed and the results of that test meeting the
minimum requirements as stated earlier be submitted prior to issuance of the permit This
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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 Comment
The applicant is proposing to use an ISDS for the ADU. The applicant shall be obligated
to obtain the proper ISDS permit from Garfield County should the SUP request be granted.
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 understands that all construction (septic system and ADU structure) shall
require the appropriate building permits and inspections to be conducted by the County
Building and Planning Department. If the ADU is approved, the applicant shall be
responsible for amending their current building permit (garage and storage). This shall be
considered a condition of any approval by the Board of County Commissioners. 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.
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IV. RECOMMENDATION
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
lighting shall be shielded to prevent light trespass on any adjoining property and be downward
facing towards the structure.
3. The Applicant shall obtain the appropriate ISDS permit as part of the building permit process
for the ADU. This system shall comply with the regulations and standards required by the
Colorado Department of Public Health and Environment.
4. The applicant shall amend their current building permit for a garage and storage to include an
ADU and shall comply with all the regulations and standards as set forth in the current
building code as adopted by Garfield County
5. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978,
as amended, and shall meet all building code requirements
6. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet
7. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased
8. Prior to issuance of this Special Use Permit, a well test shall be submitted meeting the
following requirements:
a. That the well produce at least five gallons/ minute
b. That a four (4) hour pump test be performed on the well to be used;
c. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
d. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
e. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed dwelling units;
f. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
g. The water quality is tested by an independent testing laboratory and meets State
guidelines concerning bacteria and nitrates.
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V. RECOMMENDED MOTION
"I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property
located at 1230 CR 238, also known as Parcel 1 of the Zelenka Land Survey, Silt, Colorado with the
conditions proposed by Staff."
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