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Home My WebLink About2.0 BOCC Staff Report 05.03.2004Exhibits for Meade Public Hearing held on li/ray 3'd,2OO4 *ffiilii,tt I t|1,,1::tt:::t: 11: al: ::: ::iL : :,a ,:gfiitgg:;:Y, A Mail Receipts B Proof of Publication C Garfield County Zonrns Rezulations D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Road and Bridee Comments dated March 19,2004 H Floor plan for ADU I imxfii i :iiiii:iiiiiriii:iii,.rirl BOCC 05103/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit request for an Accessory Dwelling Unit (ADU) Donna Meade 0245 CR 335, between Silt & New Castle, south of the Colorado River 6.26 acres CR 335 (Colorado River Road) Well ISDS A/I (Agriculfiral I Industrial) I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to locate a manufactured home onto her property to serve as an Accessory Dwelling Unit (ADU). The unit is approximately 1220 square feet in size. The property is located just south of the Colorado River between Silt and New Castle and north of County Road 335 (Colorado River Road). The lot is located in the H & B Minor Subdivision approved in 1980. The property is presently improved by a2200 sq. ft. single-family log home, garage, barn, and fenced horse pasture. 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/I zone district pursuant to Section 3.01.03 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 Reqlrirements (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 Regarding water, the property currently has a well that serves the single-family residence. The Applicant obtained an augmentation contract from West Divide Water Conservancy District (activated in February, 2004) which allows for the well to serve the additional ADU. The Applicant indicates they will obtain the proper septic permit from the County as apartof the building permit application to locate the unit. This will be made a condition of approval. 2) Street improvements adequate to accommodate trafJic 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 property presently maintains a driveway off of CR 335. The Road and Bridge Department provided comments (Exhibit G) that the driveway be upgraded to current driveway standards. This upgrade would include the following design parameters as a condition of approval: The driveway will be a minimum of 3}-feet wide and not over 4}-feet w'ide. An asphalt or concrete apron will be installed, the width of the driveway extending l0feet onto the property with a depth of 4 inches. The driveway w*ill be attached to the paved shoulder of CR 335. The R&B Department will not require a drive**ay permit, butwill do afinal inspection on the upgrade to the present driveway. 3) Design of the proposed use is organized to minimize impact on and from ad.jacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areus, access points, lighting and signs in such a manner as to protect established neighborhood churacterl Staff Finding The location for the proposed ADU will be nestled within the area of the primary dwelling, bam and garage. The unit will be screened from a good portion of CR 335 as it will be located behind the barn and primary unit. All lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. 2 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 6.26 acreswhich exceeds the minimum acreage required and virtually all of the property contains slopes less than 40o/o.This standard is met. 2) The gross floor urea for residential use occupuncy shall not exceed 1500 sq. ft Staff Finding The ADU will contain a total of 1220 square feet which does not exceed the maximum allowed. Floor plans have been submitted and verified (Exhibit II). This standard is met. 3) Approvalfrom the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding The property is located within the H & B Minor Subdivision which was approved by the County in 1980 during the brief period when the County created a "minor subdivision" process which was processed similar to an exemption from the definition of subdivision. It appears, since this was an exemption, no Homeowners Association and protective covenants were created at the time. The Applicant does not belong to an association nor do her neighbors. There are no documents in the file to support the creation of an Association / covenants. As a result, Staff finds this criterion is satisfied. 4) Proof of a legally adequate source of waterfor an additional dwelling unit Staff Finding The property currently has a well that serves the single-family residence. The Applicant obtained an augmentation contract from West Divide Water Conservancy District (activated in February ,2004) which allows for the well to serve the additional ADU. Both the adjusted well permit and augmentation contract are approved and included in the application. 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 Applicants propose to handle wastewater through the installation of an ISDS that meets with all the applicable state regulations. Should the Board approve this request, the Applicant will need obtain the necessary ISDS permit from the county. This shall be a condition of approval. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That alt construction complies with the appropriate County building code requirements, Staff Finding The Applicant is poised to submit for the necessary building permits (foundation) to locate the structure. This structure / dwelling unit shall not be occupied until a final certificate of occupancy has been issued by the Building Department. Applicant shall have this completed within 120 days of approval by the Board. ilI. 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 atthat 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 ZoningResolution of 1978, as amended. IV.RECOMMENDATION Staff recommends APPROVAL, with the following condition: 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. 2. This structure / dwelling unit shall not be occupied until a final certificate of occupancy has been issued by the Building Department. Applicant shall have this completed within 120 days of approval by the Board. 3. All lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. 4. The Applicant shall obtain the appropriate ISDS permit as part of the building permit process to locate the manufactured home on the property. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. 5. The Applicant shall upgrade the present driveway onto CR 335. The driveway will be a minimum of 3O-feet wide and not over 40-feet wide. An asphalt or concrete apron will be installed, the width of the driveway extending 10 feet onto the property with a depth of 4 inches. The driveway will be attached to the paved shoulder of CR 335. The Road and Bridge Department will not require a driveway permit, but will require a final inspection on the upgrade to the present driveway. No Special use Permit shall be issued until this has been completed. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 0245 County Road 335." 5 b3/22/2894 B3: i9 6258627 ROAD AND BRIDGE GARFIELD COI'INTY BuiHing & Pbmiry DePnrent Revieur AgeocY Form DAe Scnt: ldarch 19,?frU Conncntr Duc: APril 12' 20O' ffis y(rur oom,cnt in rwienr of this pPjot'Pleasc notify the Plasnins Dcpaffrcnt in thc went vorr lrc;!-:j:.X* il*"t#;lir}tt "*"J$ffffiffi ffi;;;f;;I ",,"rh ro.y.o".-.aoitional shcts Eg neces$iry. 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