HomeMy WebLinkAbout2.0 BOCC Staff Report 02.04.2002REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
WATER:
SEWER:
E)(I$TING ZONING:
SURROI,]NDING ZONING:
BOCC 2104102
PROJECT INFOR]VIATION AT\D STAFF COMMENTS
A request for review of a Special Use Permit to
allow an Accessory Dwelling Unit.
Warren Stults Trust
5829 CR 243, generally located north of New
Castle, offof Main Elk Creek.
Approximately 60.0 acres
CR243, Main Elk Creek
Exempt domestic well
ISDS.
A/R/RD
A/R/RD
1. INTRODUCTION/DESCRIPTION OF THE PROPOSAL:
The applicant has an existing house on the property that will be remodeled into a dwelling
not to exceed 1500 sq. ft. and it would become the accessory dwelling unit on the
property. The applicant placed an approximately 1800 sq. ft. manufactured home with a
g*ug" on the property recently, with the agteement that the existing dwelling will not be
o""upi.a urrtil the Special Use Permit is approved. Water is provided by a domestic well
and wastewater is treated through individual sewage disposal systems connected to each
house. Access to the property is offof CR 243.
II. RELATIONSHIP TO THE COMPREHENSIVE PLAN
This applicant's property is located in the Rural Density Residential (ldu/2 ac.) Land Use
District of the Study AreaZ-3 Map contained inthe Garfield County Comprehensive Plan
of 2000 for Study Areas l-3. The proposed application is in compliance with
recommended density and appears to be in general compliance with the goals and
objectives of the Plan.
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m.GARFIELD COI"JNTY ZONING RESOLUTION:
Section 3.02 A/R/RD - AgriculturaUResidentiaURural Density allows Accessory Dwelling
Units as a Special Use and is subject to meeting certain standards identified in Section
5.03 and 5.03.21ofthe Garfield County ZonngResolution.
Section 5.03 Conditional and Special Uses states:
As listed under Zone District Regulations, conditional and special uses shall conform to
all requirements listed thereunder and elsewhere in this Resolution plus the following
requirements:
(r)lJtilities adequate to provide water and sanitotion 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;
The proposed accessory dwelling and main dwelling will get domestic water from
an existing domestic well (permit no.223355). A domestic well is allowed to
serve up to three (3) dwellings, with outside irrigation of not more than one acre
of home gardens and lawns. The proposed accessory dwelling has an individual
sewage disposal system that was built in conjunction with the construction of the
house, but prior to any permitting systems being in place. The ISDS connected
to the new manufactured home was inspected and approved by the County as a
part of the construction . The old system will either have to be certified by an
engineer licensed in the State of Colorado, as to the adequacy of the system to
meet the demands of the proposed accessory dwelling or a new ISDS will have to
be developed for the accessory dwelling as a part of the building permit process.
Street improvements adequate to accommodate trffic volume generated by the
proposeduse and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunctionwith the proposed use;
The property is accessed via the Main Elk Creek Road (CR 243).
Design of the proposed use is organized to minimize impact on andfrom adiacent
uses of land through installation of sueenfences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighting and signs in such o manner as to protect established neighborhood
character.
The proposed accessory dwelling is located on a 60 acre tract of land, located in a
(2)
(3)
(2)
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low density area of the County. It will not affect the established character of the
neighborhood.
Section 5.03..21 Accessory Dwelling Unit:
(t)The minimum lot size shall be four (4) acres containing a building site with slopes
less than 40ok at least two (2) acres in size.
The subject lot is in excess of four (4) acres, and the lot contains a building site
with slopes less than 40% at least two (2) acres in size.
The grossfloor areafor residential use occupancy shall not exceed 1500 sq. ft.
The proposed Accessory Dwelling Unit will be remodeled and not exceed 1500
square feet in area.
Approval from the subdivision homeowners association and/or allowed by
c ovenant if appl icab I e.
The tract of land is not within a subdivision and is not subject to any covenants.
Proof of a legally adequate source of water for an additional dwelling unit.
As noted previously, the proposed accessory dwelling unit will be served by an
exempt domestic well that can legally provide water to the ADU. There is no
information regarding the "adequacy''of the well. A standard condition of
approval has been to require the following documentation, prior to the issuance of
the Special Use Permit:
1) That a four (a) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (a) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4) A written opinion of the person conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
(4)
ry.
V.
(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.
As noted previously, it appears that the ADU was built prior to any permits being
required It will be necessary to have a professional engineer, licensed in the State
of Colorado, to certifr the adequacy and installation of the ISDS being consistent
with the County and State ISDS regulations or build a new ISDS as a part of the
building permit process.
(6) Only leasehold interests in the d'welling units is allowed.
Staffrecommends this as a condition of any approval.
(7) That all construction complies with the appropriate County building code
requirements.
This issue is similar to the ISDS permit issue, in that the construction was done
prior to building permits being required. It will be necessary for the applicant to
have the older residential structure inspected by an individual qualified in
residential construction inspection certify the construction's compliance with the
1994 UBC requirements. If the structure is determined to be need remodeling to
meet the building code, a building permit will have to be obtained and construction
completed before the issuance of the Special Use permit.
OTHER COMMENTS: US Forest Service - The Forest Service has noted that their
may tre conflicts with forest management practices and the residential use of the
property. See the enclosed letter.
SUGGESTED FINDINGS:
1.That proper posting and public notice was provided as required for the hearing
before the Board of County Commissioners.
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 tlnt meeting.
That for the above stated and other reasons, the proposed Special Use Permit is in
the best interest of the healt[ safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
2.
3.
4
V.
4. That the application is in compliance with the Garfield County Zonng Resolution
of 1978, as amended.
RECOMMENDATION
Staffrecommends APPROVAL, of the applied for Special Use Permit, with the following
conditions:
That 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.
All requirements of Section 5.03.21 of the Garfield County ZonngResolution, will
be complied with by the applicant. Including the requiremeqt that only leasehold 7
interests will be allowed for the accessory dwelling. 6/t/Urol caat-f k-fu-
All ofthe proposed remodeling will meet the building code requirements and a
building permit will have to be obtained and construction completedrbefore the I
issuance of the Special Use permit L;fqyfi {)/
Either a professional engineer, licensed in the State of Colorado, will certi$ the
adequacy and installation of the ISDS being consistent with the County and State
ISDS regulations for the accessory dwelling or a new ISDS permit will be obtained
as a part of the building permit process for the accessory dwelling.
Prior to the issuance of the Special Use Permit: the following documentation will
be provided to the Planning Department:
1) That a four (a) hour pump test be performed on the well to be used;2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;3) The results of the four (a) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;4) A written opinion of the person conducting the well test that this well should
be adequate to supply water to the number ofproposed lots;5) An assumption of an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;6) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
1.
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4.
5.
o
Forest
Service
....m.\qW United States
Department of
Agriculture
o
Rifle
0094,
Rifle,
(e70)
TTY
FAX
Ranger District
County Road 244
co 816s0
625-2371
(970') 945-3255
(970't 62s-2s32
RECEIVED JAIJ 2 t" ZfifrZ ls00
January 23,2002
Garfi eld County Planning Department
109 8th. Street, Suite 303
Garfi eld County Courthouse
Glenwood Springs, CO 81601
Planning Department:
I have received a PUBLIC NOTICE requesting our input on a proposal to add an accessory
dwelling unit by the Warren Stults Trust to the property described as Homestead Entry Survey
(H.E.S.) 54. Adjacent National Forest System lands have the following Management
prescriptions:
28 - "Management emphasis is for rural and roaded-natural recreation opportunities.
Motorized and non-motorized recreation activities such as driving for pleasure, viewing scenery,
picnicking, fishing, snowmobiling, and cross-country skiing are possible. Motorized travel may
be prohibited or restricted to designated routes."
48 - "Management emphasis is on the habitat needs of one or more management
indicator species. The goal is to optimizehabitat capability, and thus numbers of species. Fish
habitat improvements are applied to lakes and streams to enhance habitats and increase fish
populations. Investments in other compatible resource uses may occur but will be secondary to
habitat requirements."
In addition to the above emphasis areas for these management prescriptions a neighbor might
expect to see the following activities:
1. l'imber harvest.
2. Prescribed fire.
3. Mining and prospecting.
4. Oil and gas development.
5. Grazing.
Sincerely,
lad;a"--
/s/ David J. Silvieus
DAVID J. SILVIEUS
District Ranger
Caring for the Land and Serving People Printed on Recycled Paper
a,-LP
White River
National
Forest