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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.01.2008Burnt Park Trail LLC -Special Use Permit (SUP) -Accessory Dwelling Unit (ADU) PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT I OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Burnt Park Trail, LLC 3410 Country Road 151 35.234 Acres (Parcel# 1863-214-00-117) Driveway off County Road 151A Well shared with the principal dwelling unit Separate ISDS AIR/RD 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 on a 35.234-acre parcel in the Sweetwater drainage on the eastern border of Garfield County, northwest of Gypsum. The proposed ADU is to be the top floor (1070 square feet) of a new free standing unit that serves as a garage/shop . The building is for private use . The ADU is situated down the hill about 200 yards from the principal dwelling unit. Access for the ADU will be provided by a driveway that attaches to the existing access for the principal dwelling. The access driveway meets County Road 151A, which merges with County Road 151, eventually to the Sweetwater Road connecting to Colorado Highway 13 . 1 ~ ···-~· ...... ,,.~· ;::.!! •1' ···•!• ... ~ lj·J r - ' I ~· $~ j ~I ~· '· ~ i '"G ' _l_ ·-·~ ,._, . . . , ' SUP Burnt Park Trail LLC ADU BOCC 12/1 //08 DD H>-~• ""~' '"'·>l ,,_, .. >j· ---- P.Tlln"Cltc:K4'.~ []HJ ~ L'ftdjACa ' I , )~'I'' ' .,,. r ~ ~ . --. ?;- ~ ~ ,-&l ' (- 2 II. REFERRALS: S UP Burnt Park Tra il LLC ADU BOCC 12/1//08 DD Referred, but no response received at time of writing: Gypsum Fire Protection District Garfield County Sheriff's Department II. RELATION TO THE COMPREHENSIVE PLAN OF 2000 The parcel is located in Study Area 4 of the Comprehensive Plan of 2000. A sparsely populated area, the Sweetwater drainage is one made up of tracts of land that are larger acreages, and has little infrastructure other than rural residences and farms. -Extre me Hau rd ---The parcel is outside of the surficial geology area mapped for geologic hazards , slope hazards, flood plain and septic constraints . The site visit revealed a gently sloping , heavily wooded (aspen trees) building site for the principal dwelling unit and the site proposed for the ADU. One map that did reveal site-specific information was the Wildfire Map . In the detail map at left, the site is depicted as being as having a moderate to higher-than- moderate fire hazard . The proposed ADU and its companion principal dwelling are located in an isolated location with a considerable response time . The stands of aspen immediately adjacent with no 'defensible space' make it difficult to defend the structures from wildland fire. One of the stated goals of the Comprehensive Plan is to provide diversity in housing types, sizes and affordability. While this unit is being constructed for a specialized purpose to serve the present owners (to house a snowmobile guide/maintenance person), it is able to be used as a leasehold property. I l ' ~ I 1 ... , ...... _, .. _ \ -~i ....... . 1~ /' The site is located within the Eagle E50 School District and the closest school facility is in Gypsum. The parcel is also located within Traffic Impact Zone 12. Each new dwelling in this zone must pay a fee of $xxx. An ADU pay an additional half of that fee . It shall be a recommendation by Staff that these fees be paid prior to the issuance of the Special Use Permit. 3 SUP Burnt Park Trail LL C ADU . BOCC 12/1 1/0 8 DD In absence of geologic mapping , the soils types are surmised by examining the Soils Map . The soils map reflects that this parcel's soil type (thought to be Jerry-Lampher- Cochetopa) is of a type described as 'Deep, well-drained, moderately sloping to steep soils on mesas and fans". Depending on the site it may also include, or be instead, 'Leavittville-Anvik-Ansel' described as 'Gently sloping to very steep, well-drained, deep --r---=;o-------:'1111 .. soils on mesas, alluvial fans and mountainsides'. I I I I JERRY·LAMPHIER.COC HETOPA Dee , well drained, moderale s/o in lo stee soils oo rnounlains and fans. LEAVITTV1LLE ·ANVIK·ANSEL Gently sloping to very steep, well drained, deep soils on mesas, alluvial fans, and mountainsides. It is anticipated that these soils will present little obstacle to an ISDS. There is to be an ISDS permitted on the parcel to serve the residence/ADU. This standard CAN or 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 AIR/RD district pursuant to§ 3 .02 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 The Applicant has provided proof of a single well designed to serve the principal dwelling unit and the ADU . This standard HAS BEEN MET. 4 SUP Burnt Park Trail LLC ADU BOCC 12111108 DD The Applicant is proposing to install a new, separate ISDS for the proposed ADU. 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 Main access to the proposed ADU will be from the driveway which is to serve both the future ADU and principal dwelling unit. This driveway connects to County Road 151. 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. 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 CAN BE MET. Specific Special Use Permit Standards for ADU (§ 5.03.21 l 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 35.234 acres, which exceeds the minimum required for an ADU (4 acres). The 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 ft 2• Staff Comment The Applicant has indicated that the ADU is to be approximately 1070 square feet. The 5 SUP Burnt Park Trail LLC ADU BOCC 12/11108 DD Applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. This standard HAS BEEN MET. ------------------------------------------------------------------------------------------------------------------------- 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 a well 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, separate ISDS for the proposed ADU. As long as the ISDS is constructed as proposed, it is Staff's 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 has obtained a valid building permit from the Garfield County Building Department for the Accessory Dwelling Unit. In addition, this Accessory Dwelling Unit will be required to meet all applicable federal, state and local regulations. This standard CAN BE MET with adequate permitting. 6 V. SUGGESTED FINDINGS SUP Burnt Park Trail LLC ADU BOGG 12/1//08 DD 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. All traffic and school fees required shall be paid prior to the issuance of the permit. VII. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property described as 3410 CR 510 and located north and west of the Town of Gypsum with the conditions proposed by Staff." 7 EXHIBl1i j MEMORANDUM To: Dusty Dunbar From: Steve Anthony R e: Burnt Park Trail LLC Date: November 17, 2008 My only comment would be in respo nse to the reply to Item 8.3 . Is it too late to ask the applic ant to utili ze certified weed-free hay bales for erosion control? MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: Burnt Park Trail LLC Date: November 17, 2008 My only comment would be in response to the reply to Item 8.3. Is it too late to ask the applicant to utilize certified weed-free hay bales for erosion control? BOCC Exhibits ( 12/1 /2008) (Special Use Permit-Burnt Park Trail LLC ADU) c D E F G H J K Garfield County Zoning Regulations of 1978, as amended (the Zoning Code A Memo via e-mail from Vegetation Manager Steve Anthony dated November 1 7th BOGG -121112008 DD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Referral of Special Use Permit ("SUP") SUMMARY OF REQUEST: The Applicant requests a SUP for the installation of a demonstration project water treatment plant that utilizes alternative technology to treat and purify produced water APPLICANT/PROPERTY OWNER: Altela, Inc. for Laramie Energy II, LLC LOCATION: NW X, SW Y. of Section 20, Township 6 South, Range 93 West of the 5th PM. (Parcel# 2177-203-01-001, addressed as 2102-321 CR 321) SITE INFORMATION: < 1 acre of a 41.926-acre parcel (Laramie Energy II, LLC) ACCESS: County Road 321 EXISTING & ADJACENT ZONING: AIR/RD (Agricultural/Residential/Rural Density) I. REQUEST The Applicant proposes an installation of a small demonstration water treatment plant that utilizes patented AltelaRain•m system to treat I purify produced water. -ft --j : ! _ _J r The system will be installed immediately adjacent to the existing Laramie Energy well 20-12, just off the well-pad. One daily trip is required to service the site; it is automated and operates 24 hours per day. ------ REFERRAL -SUP Laramie Energy JI, LLC, Water Treatment Plant - BOCC-121108 Page2 Detail of site plan in relation to well pad 20-12 Detail of water system Continued from page one One clean water tank and up to 4 portable 45' mobile water tanks to treat and purify the produced water for discharge into the watershed or for re-use as COGCC Rule 907 uses. This small demonstration project is capable of treating 300 barrels a day. It is anticipated that daily hauls of produced water from active wells to processing facilities would be reduced. (The hauls with 18-wheelers range from 70 to 220-miles for each round trip.) II. AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended, requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. Ill. STAFF RECOMMENDATION Staff finds that • because this use type on the parcel is relatively unchanged, • because the project is limited in its complexity, that it is appropriate to recommend that the Board direct Staff to schedule a public hearing for the Board, and not refer the matter to the Planning Commission.