HomeMy WebLinkAbout2.0 BOCC Staff Report 08.04.2003EXHIBITS
LER SPE
Board of County Commissioners - Attgust 4, 2003
Exhibit A: Proof of Certified Mailing Receipts
Exhibit B: Proof of Publication
Exhibit C: Garfield County ZoningRegulations of 1978, as amended
Exhibit D: Garfield County Comprehensive Plan of 2000, as amended
Exhibit E: Staff Report dated August 4, 2003
Exhibit F: Application Materials
Exhibit G: Letter from Steve Anthony, Garfield County Vegetation Management,
date July 22,2003
Exhibit H: Email correspondence with Devin Drayton of the Colorado Department of
Transportation
Exhibit I: Excerpt of the State Highway Access Code with map
avr w<*7.
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT(S):
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
ACCESS:
PROJECT INFORMATION AND STAFF COMMENTS
BOARD: 814103
TP
Special Use Permit for an Accessory
Dwelling Unit ("ADU")
The Applicant requests approval for the
construction of an ADU on Parcel 1.
Donald Ziegler
The subject property, Parcel 1, is
addressed as 31054 Highways 6 &24,
Rifle.
A/R/RD (Agricultural / Residential /
Rural Density)
A/R/RD
Highway 6 &24
I. DESCRIPTION OF THE PROPOSAL:
A. Development Proposal: The Applicant requests approval to construct an approxrmately 920
sq. ft. accessory dwelling unit on the subject property as represented on the site plan provided with
the application.
As illustrated on the site plan submitted with the application, the Applicant owns what are referred
to as Parcels 1 and 2, and is requesting approval for an Accessory Dwelling Units on each lot. Since
the Applicant is requesting a Special Use Permit on both parcels, each ADU has been reviewed
separately. This memorandum pertains to the issues that surround Parcel 1, the southern lot
adjacent to Highway 6 & 24.
B. Site and Project Description: The subject property contains approximately 4.14 acres. The
property is located approximately 2.5 miles west of the Town of Silt. The subject property is
improved with the existing residence, various outbuildings and a pond located north of the
residence, which is not identified on the site plan. The property is fairly flat, however, there is a
very distinct drainage I ravine that traverses the property along the west side of the property. No
development is proposed or anticipated within this area. The property is vegetated with oak brush,
sagebrush, cottonwoods and various other tree species. The Applicant has been in the process of
improving the quality of the pond on the subject property, which is fed by the pond on Parcel 2.
The location of the proposed Accessory Dwelling Unit, as represented on the site plan, will be
Ziegler Special Use Permit - Parcel l
BOCC - 8/4/03
Page 2
screened from the adjacent parcels and Highway 6 & 24.
D. Zonins: The subject property is zoned A/R/RD (Agricultural / Residential / Rural Density).
The zoning adjacent to the subject property is also A/R/RD. The A/R/RD zone district allows for a
minimum lot area of 2 acres. Accessory Dwelling Units are uses identified as Special Uses in the A
/ R / RD zone district and require a public hearing process.
E. Relationship to the Comprehensive Plan: The subject property is designated on the
"Proposed Land Use Districts, Study Area2 & 3" map in the Garfield County Comprehensive Plan
of 2000, as "Outlying Residential." Outlying Residential is consistent with the underlying zoning,
which in the case of A / R / RD is a minimum lot area of 2 acres.
The subject property is located within the 2-Mile Sphere of Influence of the Town of Silt. This
application was not referred to the Town of Silt for comments. The IGA (lntergovernmental
Agreement between the County and the Town of Silt, which become effective on May 7, 2001, does
not require "applications for accessory dwelling units, home occupations and any other
modifications use of an existing residential facility" to be referred to the municipality that is a part
to the IGA, which includes the Town of Silt
F. Road/Access: There is an existing gravel driveway off of Highway 6 and24 that traverses
the property to and through Parcel 2 (the property to the north, owned by the Applicant, and the
subject of another Special Use Permit request for an Accessory Dwelling UniQ and joins with Miller
Lane (County Road 227). The Applicant is proposing to retain the access point off of Highways 6
& 24 fot Parcel 1. Additional discussion regarding access to Parcel l, as well as Parcel 2, is
provided under Section IU of this memorandum.
G. Applicability: Pursuant to Section 9.03 of the ZoningResolution, an application for a
Special Use Permit ("SUP") shall be approved or denied by the Board of County Commissioners
after holding a public hearing thereon in conformance with all provisions of the ZoningResolution.
II. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agencies for comments. Comments that were received
have been integrated throughout this memorandum where applicable.
1. Rifle Fire Protection District: No comment.
2. Colorado Department of Transportation: Exhibit H
3. Garfield County Vegetation Management: Exhibit G
UI. REVIEW CRITERIA FOR SPECIAL USE PERMIT
Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only:
Ziegler Special Use Permit - Parcel I
BOCC - 8/4/03
Page j
Based on compliance with all requirements listed herein, and;
1. Approval by the County Commissioner, which Board may impose additional restrictions
on the lot area, floor area, coverage, setback and height ofproposed uses or required
additional offstreet parking, screeningfences and landscaping, or any other restriction
or provision it deems necessary to protect the health, safety and welfare of the
population and uses of the neighborhood or zone district as a condition of granting the
special use.
Response: Staff sees no reason for the BOCC to require any special restrictions.
Srcuon 5:03
Pursuant to Section 5.03, special uses shall conform to all requirements listed thereunder and
elsewhere in the Zoning Resolution, plus the following standards:
I. Utilities adequate to provide water and sanitation seryice 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.
Response: Water supply to the existing residence is by means of an existing spring and a water
filtration method. Staff understands that there was a well drilled on the subject property, however, it
was abandoned by the previous property owner due to the quality of the water.
The Applicant indicated that the domestic water supply to support the two primary residences, one
on the subject parcel and one on Parcel 2, and the two accessory dwelling units will be provided
from the Water Augmentation Plan submitted with the application. A pump house has been
constructed on Parcel l, immediately adjacent to Parcel 2, which will adequately supply all
proposed residential units, primary and accessoy, or both parcels.
An application for "storage water rights, surface water rights, change of water rights and approval of
plan for augmentation" was submitted to the District Court on December 20,2002, a copy is
provided with the application. The Plan for Augmentation has not yet been approved by the Courts.
The 'Statement of Plan for Augmentation" in the Augmentation Plan states that "the Applicants
seek to adjudicate this augmentation plan to provide a legally viable water supply to serve the
domestic needs for four single-family residences, irrigation of up to 2,000 square feet of associated
lawn and garden irrigation, and livestock watering for hour head. "
The Applicant has provided, by means of the Plan for Augmentation request submitted to the
District Court, that there is the possibility of providing adequate and legal water supply to the
proposed Accessory Dwelling Unit. It has been the practice of the County to grant approval with
the condition that a signed Plan for Augmentation shall be submitted to the County prior to the
issuance of the actual Special Use Permit for the ADU. It is Staff opinion that water quality tests of
Ziegler Special Use Permit - Parcel I
BOCC - 8/4i03
Page 4
the proposed water supply for the Accessory Dwelling Unit shall also be provided prior to the
issuance of the actual Special Use Permit.
The Applicant indicated that Individual Sewage Disposal System (ISDS) will be installed for the
ADU. The septic system will need to comply with Garfield County ISDS requirements. The
Applicant is in the process of having percolation tests performed in the locations where the ADU
will be placed.
2. Street improvements adequate to accommodate trffic volume generated by the proposed u'se
and to provide safe, convenient qccess to the use shall either be in place or shall be constructed in
conjunction with the proposed use.
Response: As noted previously in this memorandum, there is an existing gravel driveway off of
Highway 6 and 24 that traverses the property to and through Parcel 2 (the property to the north,
owned by the Applicant, and the subject of another Special Use Permit request for an Accessory
Dwelling Unit) and joins with Miller Lane (County Road 227). TheApplicant is proposing to ietain
the access point off of Highways 6 8.24 for parcel l.
According to discussions and emails with Devin Drayton, Region 3 Access Technician for CDOT,
the Applicant will be required to submit a Highway Access Permit as a result of the construction oI
an ADU on the subject property, since Highway 6 & 24 within the area of the subject property has a
Category R-A classification (Exhibit H). An excerpt of the State Highway Access Code utilized b.r
CDOT has been provided in Exhibit I along with the map provided by CDOT indicating what mile
markers the Category R-A classification encompasses. Mr. Drayton indicated that Item 2 under
Section 3.8 [Category R-A - Regional Highway] of the State Highway Access Code requires CDOT
to require the Applicant to abandon the access point onto Highway 6 & 24 since reasonable access
can be obtained from Miller Lane (County Road 227) through Parcel 2, to the north, which is owned
by the Applicant (Exhibit H).
Mr. Drayton noted that the Applicant will be required to submit a Highway Access permit which
will be reviewed by the Access Committee to determine if the existing access point onto Highway 6
& 24 should in fact be abandoned or whether is should be retained. Mr. Drayton indicated that the
Access Committee will strongly consider a recommendation from the County with respect to this
access point.
During the site visit to the property, aside from some vegetation removal at the intersection of the
driveway and Highway 6 & 24 in order to improve the sight distances, it is stafPs opinion that
access from the subject property onto Highway 6 & 24 appears to be adequate. According to Mr.
Drayton, CDOT has not conducted a site visit to the parcels. In addition, since there is no tuming
lane for Miller Lane (County Road 227) off of Highway 6 & 24,traffic along the highway woulJ
need to stop for any vehicle turning into either the subject property or onto Miller Lane. The
Applicant would like to have the ability to retain separate access points for each parcel. The
Ziegler Special (Jse Permit - Parcel l
BOCC - 8/4i03
Page 5
Applicant indicated willingness to abandon and revegetate the portion of the looped driveway that
connects both parcels, in order to retain both access points. The Applicant would prefer not the be:
required to provide an easement through Parcel 2 for access to Parcel 1 since there are two existing
separate access points for each parcel.
Should the Board of County Commissioners accept the Applicant's request, it is staff s opinion that
the portion of looped driveway that connects both parcels will need to be removed prior to the
issuance of the actual Special Use Permit, since there is no other mechanism to determine if this
portion has been abandoned. By the Resolution of approval, CDOT will be notified of the County's
action with respect to access to the subject property.
3. Design of the proposed use is organized to minimize impact on andfrom adjacent rtses of
land through installation of screenfences or landscape materials on the periphery of the lot and b.y
location of intensively utilized areas, access points, lighting and signs in such a manner as to
protect established neighborhood character.
Response: The Applicant indicated that the approximate duration of the construction of the ADU
will be 60 to 90 days. The Applicant noted that on a given day approximately 3 to 4 construction
vehicles will be on site during normal business hours only. The Applicant also provided elevation
plans for the proposed ADU with the application. The ADU will be a manufactured log home. ThLe
Applicant provided with the application a subsoil study for foundation design prepared by HP
GeoTech February 21, 2003.
During the site visit to the subject property, it did not appear that the ADU would be visible from
Highway 6 & 24 or adjacent properties. There is existing vegetation in the location of the proposed
ADU which will provide significant screening. The Applicant indicated that additional trees, shrubs
and landscaping will be completed within the same period of construction of the ADU. No
landscape plan was submitted with the application. Standard residential lighting will be utilized.
Comments were received from Steve Anthony, Garfield County Vegetation Manager (see Exhibit
G). The following are Mr. Anthony's recommendations:
l. The Applicant shall inventory and map the property for County listed noxious weeds such as
Russian knapweed, Russian olive and tamarisk may be in the area.
2. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds.
The Weed Management Plan shall be implemented prior to any further site development.
IV. CRITERIA FOR ACCESSORY DWELLING UNIT (SECTION 5.03.21)
Pursuant to section 5.03.21of the ZoningRegulations, use of a structure as an accessory dwelling
unit approved by Special Use shall meet the following standards, as well as all other standards
applicable to residential use:
Ziegler Special Use Permit - Parcel I
BOCC - 8/4i03
Page 6
1. The minimum lot size shall be four (4) acres containing a building site with slopes less than
40oZ at least two (2) acres in size.
Response: The property contains over 4 acres, however, this is not represented in the information
provided in the application. According to the Garfield County Assessors records, the subject
property contains approximately 4.I4 acres. The existing and proposed improvements avoid slopos
in excess of 40%.
2. The grossfloor areafor residential use occupancy shall not exceed 1500 sq.ft.
Response: The ADU will be approximately 920 sq. ft. in size, which does not exceed the
maximum floor area allowed.
3. Approvalfrom the subdivision homeowners association and/or allowed by covenant if
applicable.
Response: The property is not located within a subdivision. No covenants are applicable to this
property.
4. Proof of a legally adequate source ofwaterfor an additional dwelling unit.
Response: Discussion regarding the proposed water supply has been addressed previously in this
memorandum.
5. Compliance with the County individual sewage disposal system regulations or proof of a
legal ability to connect to an approved central sewage treatmentfacility.
Response: Discussion regarding the proposed water supply has been addressed previously in this
memorandum.
6. Only leasehold interests in the dwelling units are allowed.
Response: The Applicant will comply with this requirement. The ADU will not have a separate
ownership interest.
7- That all construction complies with the appropriate County buitding code requirements.
Response: The Applicant asserted that the ADU will be built to UBC (Uniform Building Code)
standards.
Ziegler Special (Jse Permit - Parcel I
BOCC - 8/4i03
Page 7
V. STAFF FINDINGS:
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting 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 has been
determined to be [not] in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
4. That the application has [not] met the requirements of Special Use (Sections 5:03 and
9:03) in the Garfield County ZoningResolution of 1978.
5. That the applicant has [not] met the requirements of an Accessory Dwelling Unit
(Section 5.03.21) in the Garfield County ZoningResolution of 1978.
VI. RECOMMENDATION:
Staff recommends that the Board APPROVE the Ziegler Special Use Permit for an Accessory
Dwelling Unit on Parcel 1, subject to the following conditions:
1. A11 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. Access to the subject property shall be by means of Highway 6 & 24 only.
3. Prior to the issuance of the actual Special Use Permit, the Applicant shall:
a. Provide a signed Plan for Augmentation by the District Court.
b. Provide a water quality test for the water supply to the Accessory Dwelling Unit.
c. Provide a signed Highway Access Permit from the Colorado Department of
Transportation indicating that the access to the subject property is by means of Highway
6 & 24 only.
d. Should the Colorado Department of Transportation allow access to the subject properl,y
by means of Highway 6 &24,the portion of the existing driveway that adjoins the
subject property (Parcel 1) to the parcel to the north (Parcel 2) shall be removed and
revegetated.
e. The Applicant shall inventory and map the property for County listed noxious weeds
7
4.
5.
Ziegler Special Use Permit - Parcel I
BOCC - 8/4/03
Page 8
such as Russian knapweed, Russian olive and tamarisk. The Applicant shall provide a
weed management plan for the inventoried noxious weeds. The Weed Management Plan
shall be ongoing and shall be implemented prior to the construction of the Accessory
Dwelling Units. The Weed Management Plan shall be reviewed and approved by the
Garfield County Weed Management Director.
Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately.
The use of cistem as a source of domestic water shall not be a permitted.
MEMORANDUM
To: Tamara Pregl
From: Steve Anthony
Re: Comments on the Zeigler Special Use Permit
Date: Ju[y22,2003
Thanks for the opportunity to comment on this Special Use permit. My comments are as follows:
1. Noxious Weeds
Inventory and mapping-It is suggested that the applicant inventory and map the property
for County listed noxious weeds as Russian knapweed, Russian olive, and tamarisk may
be in the area.
Weed Management-The applicant shall provide a weed management plan for the
inventoried noxious weeds. It is recommended that the weed management plan be
implemented prior to any further site development.
B.
EXHIBIT
t"g0oo
uomments on tne Lrcglet
Tamara Pregl
From:
Sent:
To:
Subject:
Drayton, Devi n [Devi n. Drayton@DOT.STATE.CO. US]
Wednesday, July 16, 2003 4:46 PM
Tamara Pregl
RE: Comments on the Ziegler Development
Development
o
HiTamara,
I spoke with Don about the intent of building his cabins, he said that his intent would be to provide a place for
visitors to stay when he had company. I told him I would check with the access committee.
Our commitiee suggested that Dan apply for a highway access permit and we will look more closely at the
details and determine if the Hwy 6 access should be closed or not. We feel that the cabins could pose a threat
to full{ime use and thus cause an increase in traffic. I emailed Dan a Hwy access application.
Devin
-----Original Message-----
From : Ta ma ra Preg I I ma i lto : tpreg l@ ga rfield-cou nty.com]
Sent: Wednesday, July 16, 2003 4:25 PM
To: Drayton, Devin
Subject: RE: Comments on the Ziegler Development
Devin,
Thanks for the email. However, I thought that you would need to close off access to the Hwy with the
additional dwelling units? Did your conversation with Mr. Ziegler change your decision?
Tamara
-----Original Message-----
From : Drayton, Devin [mailto : Devin. Drayton@DOT.STATE.CO' US]
Sent: Wednesday, July 16, 2003 3:55 PM
To: Tamara Pregl
Subject: Comments on the Ziegler Development
The Department of Transportation will require a Hwy access permit for the building of cabins on
the Ziegler property.
Devin Drayton
Region 3 Access Technician
Phone (970) 248-7230
Devin. Drayton@dot.state.co.us
d_
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-_____
711612003
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3.8 CATEGORY R-A - Regionat Highway
Functional characteristics and category Assignment criteria
(1) This category is appropriate for use on highways that have the capacity for medium to high speedsand relatively medium to high traffic volumes over medium and long distances in an efficient and safemanner' They provide for interregional, intra-regional, and intercity travel needs. Direct access serviceto abutting land is subordinate to providing serv-ice to through trafiic movements. This category isnormally assigned to National Highway System routes, signlficant regional routes in rural areas, andother routes of regional or state significance.
Access Granting Criteria lncluding Category Related Access Location, Operation and Design Criteria
(2) When application is made, one access shall be granted per parcel of land if reasonable accesscannot be obtained from the local street or road systeh. Reasonable local access will be determined inconsultation with the appropriate local authority. A determination of reasonable access from a localstreet or road should include consideration of ine local street or road function, purpose, capacity, opera-tionaland safety conditions and opportunities to improve the local street or road. Direct access to thehighway should not be denied if the alternative local access would create a significant operational orsafety problem at the alternative location and the direct access to the state higihway would not be asignificant problem to the highway.
(3) (a) The standard for the spacing of all intersecting public ways and other accesses that will be fullmovement, or are or may become signalized, is one-hilf mile intervals, and based upon section lineswhere feasible. Exceptions to this one-half mile standard shall not be permitted unless the proposaldocuments that there are no other reasonable alternatives to achieve a one-half mile interval, there is adocumented necessity for the intersection at the proposed location, and a signal study acceptable tothe Department is compreted in accordance with seition 2.3(5).
(b) Where it is not feasible to meet one-half mile spacing and where signal progression analysisindicates good progression (35 percent efficiency or better), or'do"" not degrade the existing signalprogression, a full movement may be allowed. Spacing to nearby intersecti6ns shall be sufficient toaccommodate the 20th year left turn vehicle storage qrer" for both turning movements. The accesslocation must also meet other Code access spacing, design and need requirementr ii zoir y"u1.projections for the access indicate that the access volumes would be less than 75 percent of thoserequired for M.U.T.C.D. traffic signalvolume warrants, or if there are less than two nearby (within onemile either direction) accesses that are or could be signalized, the intersection location does not needto be on one-half mile spacing, nor does it need to m6et progression analysis criteria.
-
(c) Where topography or other existing conditions make one-half mile intervals inappropriate ornot feasible, location of the access shall be determined with consideration given to topography,established property ownerships, unique physical limitations and or unavoijable or pre-existinghistorical land use patterns and physical deiign constraints with every attempt to achieve a spacing ofone-half mile. The final location should serve as many properties and interests as possible to reducethe need for additional direct access to the state highway. ln selecting locations toitutt movementinlersections, preference shall be given to public wiys that meet or may be reasonably expected tomeet signal warrants in the foreseeable future
EXHIBITroooa
State Highway Access Code, August 31 , 199g
Page 37 of 62
(4) lf a restrictive median exists, left turns at unsignalized intersections should be restricted, unlessthe restriction of these movements would cause a iafety or operations problem, or cause an out-of-direction movement of greater than one mile. lf a traveriable median exists, left turns will be permitted
unless an operational or safety problem is identified.
Auxiliary Lane Requirements(5) Auxiliary turn lanes shall be installed according to the criteria below.(a) A left turn deceleration tane with taper and storage length is required for any access with aprojected peak hour left ingress turning volume greater than t O upn. The iaper length will be includedwithin the required deceleration length.(b) A right turn deceleration lane and taper length is required for any access with a projected
peak hour right ingress turning volume greater than 25 vph. The taper length will be included within therequired deceleration length,(c) A right turn acceleration lane and taper length is required for any access with a projectedpeak hour right turning volume greater than 50 vph when the posted speeb on the highway isgreater
than 40 mph. The taper length will be included within the required acceleration lengfli. A right turnacceleration lane may also be required at a signalized intersection if a free-right tuin is needed tomaintain an appropriate level of service in the intersection.(d) Right turn deceleration and acceleration lanes are generally not required on roadways withthree or more travel lanes in the direction of the right turn exJept as provided in subsection 3.5.(e) A left turn acceleration lane may be required if it would be a benefit to the safety andoperation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally
not required where; the posted speed is less than 45 mph, orthe intersection is signalized, oitne
acceleration lane would interfere with the left turn ingress movements to any otheiaccess.
(6) No additional access rights shall accrue upon the splitting or dividing of existing parcels of land orcontiguous parcels under or previously under the same ownership or conlrolling interest. All access tonewly created properties shall be provided internally from any existing access Jr " n"* accessdetermined by Code design standards or by permit application and consistent with this subsection.
(7) When an existing access meets the warrants for a traffic signal as defined in the M.U.T.C.D., andthe location does not meet the requirements of subsection 3.8(3), the access shall be reconstructed toeliminate or reduce the traffic movements that cause the traffic signal warrant to be met, and theaccess brought into confor-mance with appropriate design criteria. A raised median may be required.closure may be required if alternative reasonable acceis is available.
(8) With the exception of frontage roads, any new rural highway location or newly designated statehighway shall be considered no less than an access category R-n nignway until the Commission hasspecifically assigned an access category.
(9) Where frontage and service roads are present, unless otheruruise specifically categorized, acategory R-A shall be. assumed for all at-grade rural roadway sections within Oepartment right-of-waybetween frontage and service roads and the main roadway.
State Highway Access Code, August 3.1 , 19gg
Page 38 of 62
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