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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.08.2008BOCC Exhibits (12/8/2008) (Special Use Permit- Ron Perau ADU) A Proof of Mail Receipts B Proof of Publication c Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Application E Staff Report F G H J K SUP Ron Perau ADU BOCC 12/8/08 DD Page 1 Ron Perau — Special Use Permit (SUP) - Accessory Dwelling Unit (ADU) PROJECT INFORMATION & STAFF COMMENTS REQUEST Special Use Permit, Accessory Dwelling Unit (ADU) APPLICANT / OWNER Ron Perau LOCATION 1963 County Road 210, Rifle CO SITE DATA 39.175 Acres ACCESS Driveway from County Road 210 WATER An existing spring -fed cistern SEWER An existing ISDS EXISTING/ADJACENT ZONING A/R/RD I. DESCRIPTION OF THE PROPOSAL: The Applicant requests the approval of a Special Use Permit for an Accessory Dwelling Unit (ADU) located on a 39.175 -acre parcel east of the City of Rifle. It is proposed to convert an existing free-standing unit, approx. 1200 sq. feet in size (located on the eastern property boundary), into an ADU as companion to a new residential structure being built on the western portion of the parcel. Access for the ADU will be provided via an existing driveway from County Road. lfd-K-�� `� `2 `�' 25 <RIFLE r I 230 0 i 440 Q ._,____) 439 1 (o28 �' • CD 471, 41210 ooe " 472 473 co �ifiii/ • 343 f1 009 003 O 4y 83 l � � C:D c' 0 CD N. 193 0 oto �e_O as �� of 3 L52 2 LO 0 CCS/ 5 24. MOOR 69 210 zos I 1 1 0��i.V.Y.� (Th 004 ' ��4J II. REFERRALS: No response received at time of writing: Rifle Fire Protection District, City of Rifle - - 046. Krrch&v barb /1 .�ledaooM; goon.OsCiQam, III. RELATION TO THE COMPREHENSIVE PLAN OF 2000 II 1 • RIFLE Legend Q Qudying Residential, 2Acres per Dnrfting Unit Residential, Varying Density High Density Residential, 6-16 Units per Acre Commercial Neighborhood Commercial { affs hexed Use Residential Commercial _ Light Industrial Public Lands Open Spare Subdivision L� CrYy/raan [... j Airport Industrial Park 2 Mite Sphere of Inttuence Silt Ebben Growth Boundary Rill* Annexation Boundary ama.a. New Castle 3 Mite Boundary Extent of Gedoge Hazards Shroy Area Privately owned lands tenth site specific use 6m0atons such as food plain, slope hazarc. septic ` constraints, or surlrcial geoegy (mud flow, debris fan) to be eval- uated at plan review SUP Ron Perau ADU BOCC 12/8/08 DD Page 2 The site is located in Study Area 2, inside the City of Rifle Two -Mile Sphere of Influence in an area designated both as • Privately owned lands with site specific limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flow, debris fan) to be evaluated at site plan' and • 'Out -lying Residential -2 Acres per Dwelling Unit' The site visit revealed a gently sloping building for the principal dwelling unit and the site proposed for the ADU. The average density of the proposal satisfies the 2 acres per dwelling unit recommendation. The soil type (thought to be Potts- Ildefonso-Vale) is of a type described as 'Deep, well -drained, gently sloping to steep soils on mesas, alluvial fans, terraces and benches. There is an existing ISDS permitted on the parcel for the existing structure that will serve as the ADU. It is anticipated that these soils will present little obstacle to a new ISDS for the residence. POTTS4LDEFONSO•VALE Deep, well drained, gently sloping to steep soils on mesas, alluvial fans, terraces and benches. Staff feels that no site specific limitations exist on these lands inside the Rifle Two -Mile Sphere of Influence. This standard HAS BEEN MET. IV. 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 A/R/RD district pursuant to § 3.02 of the Zoning Resolution of 1978, as amended. The application must address the general SUP 2 SUP Ron Perau ADU BOCC 12/8/08 DD Page 3 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 (4 5.031 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 The Applicant stated that an existing cistern (fed by springs on the property) serves the existing structure proposed to become the ADU. A new cistern (similarly fed) will serve the new principal dwelling unit. Beyond the disclosure in the legal description in the deed, that there are certain rights to the Green Spring, the application contains no evidence that there is sufficient legal and physical water to serve either dwelling unit. Typically, Garfield County does not recognize cisterns as an adequate long-term source of water. The Board (and the regulations) requires proof of an adequate legal and physical supply. The application contains no legal documentation (proof) that the spring is a reliable and legal source of water to produce at least 350 gallons a day for each unit. This standard HAS NOT BEEN MET. The Applicant is proposing to install a new ISDS for the proposed new residence. The existing structure that is proposed to become the ADU is served by an existing ISDS. There have been no reported problems with the existing ISDS. As long as the ISDS is constructed as proposed, it is Staffs opinion that adequate sewage and wastewater capacity exists for the proposed development. This standard CAN BE MET with adequate ISDS permitting. 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 Access to the proposed ADU will be from the existing permitted driveway which is to serve both the future ADU and existing primary dwelling unit. This driveway is onto County Road 210. 3 SUP Ron Perau ADU BOCC 12/8/08 DD Page 4 This standard HAS BEEN 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; Staff Comment The proposed ADU is in character to the surrounding properties and should not adversely affect surrounding owners. (It is in fact an older farmstead that dates to the 1920s in style.) 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. The neighborhood is characterized by open pastureland and field fences containing livestock. Vegetative barrier might be used for screening the unit from the adjacent residences, but this would be the exception to the neighborhood, and there are some trees and shrubs near the structure proposed to become the ADU. . This standard CAN BE 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 39.175 acres, which exceeds the minimum required for an ADU (4 acres). The proposed ADU will be on a portion of the property that has no slopes exceeding 40%. This standard HAS BEEN MET. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Comment The Applicant has indicated that the ADU is to be approximately 1200 square feet. The Applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. This standard HAS BEEN MET. 4 SUP Ron Perau ADU BOCC 12/8/08 DD Page 5 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no Homeowners Association or restrictive covenants on this parcel. This requirement is NOT APPLICABLE. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment Potable water is supplied by the cisterns for both the Principal and Accessory Dwelling Units. This standard HAS BEEN 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 install a new ISDS for the new Principal Dwelling Unit. As long as the ISDS is constructed as proposed, it is Staffs opinion that adequate sewage and wastewater capacity exists for the proposed development. This standard CAN BE MET with adequate ISDS permitting. 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 CAN BE MET. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant must obtain a valid building permit from the Garfield County Building Department for the new Principal Dwelling Unit. In addition, this Accessory Dwelling Unit will be required to 5 SUP Ron Perau ADU BOCC 12/8/08 DD Page 6 meet all applicable federal, state and local regulations. This standard CAN BE MET with adequate permitting. V. 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, 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, (§ 5.03) and does not present any site specific limitations as stated on the Study Area Map that is part of the Comprehensive Plan of 2000. VI. STAFF 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 any applicable Garfield County building permits, grading permits and access permits, including approval for a septic permit which can accommodate the accessory dwelling unit prior to the issuance of Building Permit. 4. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 5. The accessory dwelling unit shall not be conveyed as a separate interest, but may be leased. 6. No Special Use Permit shall be issued and no building permit shall be accepted by the County until the Applicant can furnish legal proof that the spring can provide legal and 6 SUP Ron Perau ADU BOCC 12/8/08 DD Page 7 physically adequate water for the units an the property. VII. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located east of the City of Rifle described as 1963 County Road 210 with the conditions proposed by Staff." 7 ocation__Ph ' t h. ookin ! Nort Location Photos Floor Plan C O O N 0 et E •� —I CI CI? •� CP 13 LI C • O E lra et O • L. c p 5 O 0 Lk `O E o 78- ro • • O N O C E TS m a E • m a E -, O yD m m a y Ce a @ o .mac h a m • yO rn m L saO t 0 Z Public Lands MUM Rifle Annexation Boundary —n-.. New Castle 3 Mile Boundary --- Extent of Geologic Hazards Study Area o co li co 72 L CL?rim Z2 i C T lett C _ . Ct SS CO CA MCI 0 Vet Q CP G; tymrt .� z L a� CI) o a e z 3 3 C 0 AS et Ask •_ tin Nee L tt *Si •gyV Cf. o >, v ct) egg a 'y et o G; al -As I0 LI; mm CP cis .0 le O G� ©gm e _ =s s.o3*r .— z 4• Z0. z et V ccs v '0t tim o L E L o G;9:4 G;let et Q Cati Requirements for an ADU a) O O O O O O O O d) 00000U L, U c c c c c c c o cc .p.O.O.O.O.O.O E.O•O a Q a a a a a c) Q CQ. 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