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Home My WebLink About2.0 Staff ReportExhibits for the Public Hearing before the Board of County Commissioners December 12, 2005 for the Special Use Permit to allow an ADU Applicants/Owners: Lynn and Pat Dwyer Staff: Richard Wheeler Exhibit Letter Exhibit (A toZ) A Mail Receipts B Proof of Publication c Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of2000 F Staff Report dated 12-12-05 G Application for the Special Use Permit -ADU l1 rn -p,, Lo ~-- --r: t ••• \\ ~ec......1-. BOCC 12-12-08 RW PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) APPLICANT I OWNER Lynn and Pat Dwyer LOCATION 4730 CR335 SITE DATA 40 Acres ACCESS Private Drive from CR 335 WATER Well, Permit #189714 SEWER ISDS (Individual Septic Disposal System) EXISTING ZONING ARRD (Agricultural I Residential I 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 south of Apple Tree Park (New Castle). If approved the ADU will serve as housing for employees of Dwyer Greens and Flowers. The subject property is a 40 acre parcel. The ADU will be accessed by an existing private drive from CR 335. An access easement has been secured to allow ingress and egress to the property -reception number 4785f4r The location of the proposed ADU will meet all respective setbacks for the ARRD zone. The proposed ADU will be located in an area that will be that will not affect any adjoining uses. As represented by the applicant, the proposed ADU will be less than 1,500 sq. ft. and will be used as employee housing. The location. of the 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 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 ofl 978, 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. 1 General Special Use Permit Reguirements (§ 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 #189714. Tiris well permit is limited to fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 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. Tiris existing private drive is accessed from CR 335. As shown on the submitted application materials, the applicants are proposing a small driveway that will lead to the ADU. Tiris standard is 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; 2 Staff Comment The proposed location of the ADU is located in an area the will not be visible from any adjoining uses. 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 (§ 5.03.21) 1) The minimum lot size shall be/our (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Staff Comment The property contains 40 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 subject property. 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 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. 3 ;,1a11 \.-ommen1 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 obtaining a building permit prior to any construction taking place. 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. 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. 4 6) Only leasehold interests in the dwelling units are allowed. 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 obtain a building permit prior to any construction of the 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 dwe)ling unit shall not be conveyed as a separate interest but may be leased -).:,.,., ftJJ t ~ ~ e > _y I ~ fl' 'l AJ.tf Ii,¥.. / i'-f'I-\ .JS. 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. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 4730 CR 335 New Castle, Colorado with the conditions proposed by Staff." ~. 5 EXHIBl li I frl 1 2 R~PORT DATE Tue Nov 02 10:21 :25 MST 1999 Receipt 0387885 Permit 189714 Div 5 Basin Engineer JD2 Full Name DWYER PATRICK Address BOX 952 City EAGLE Telephone (970) 328-7397 Case Wd Md User Permit XRef 25825 MH Well Name County 010 040 0160 Sec Ts GARFIELD SW SE 3 6 South Rng 91 West Pm Sixth 45 SMJ State co 770 feet from South Section line 1870 feet from East Section line Subdivision Parcel Size PIN 40.00 Main Activity Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benet. Use Benef Use (Non-trib) Abandonment Report Well Plugged 07-12-1995 05-07-1996 09-05-1995 09-05 -1997 11-08-1995 08-24-1995 COLORADO WELL APPLICATI( 'p AND PERMITS COLORADO DIVISION OF WATcR RESOURCES Zip 81631 Uses DOMESTIC Pump Rate Proposed 15 .00 Actual 8.00 Irrigated Area Elevation 0 0 Pert Casing Top 160 Pert Casing Bottom 200 Water Level 101 Ann Amt 1.00 0 acres Depth 200 200 Aquifer1 Aquifer2 Driller ALL UNNAMED AQUIFERS Filing Block Lot Well permit issued . 634 Pump Installer Statute Meter Log Oual AbReq 6023 No No No No Comment 3 SFD , 1 AC IRR, DOMESTIC ANIMALS, ONLY W ... LL ON 40 AC Record change . A portion of the file was modified /corrected. EXHIBIT Form No. GWS-2-:... APPLICANT OFFICE OF THF ~TATE ENGINEER COLORADO Dl\.JION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER _;__1...._,_8~9_._7-1-,.;1..,,4~--- DIV. 5 CNTY. 23 WD 45. DES. BASIN Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY MD SE 1/4 Section 3 634 PATRICK DWYER BOX 952 SW 1/4 Twp 6S RANGE 91 W 6th P.M. EAGLE CO 81631- (970)328-7397 PERMIT TO CONSTRUCT A WELL DISTANCES FROM SECTION LINES 770 Ft. from 1870 Ft. from South Section Line East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER 'A WATER RIGHT CONDITTONS OF APPROVAL 1) . This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3) (b) (II) (A) as a reapplication for expired permit no. 146640, and as the only well on a tract of land of 40 acres described as the SW 1/4 of the SE 1/4 of Sec. 3, Twp. 6 South, Ang. 91 West of the 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of __ domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Monitoring and observation hole notice no. MH-25825, was acknowledged on June 2, 1995. APPROVED JD2 Receipt No. State Engineer 0387885 fl,') 'j-/-'/5" v OW~JER'S COPY I DATE ISSUED SEP 0 5 1995 '---··--.. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~