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HomeMy WebLinkAbout6.0 StandardsARTICLE 7 STANDARDS ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. This Land Use Change complies with zoning requirements for Accessory Dwelling Units, including any applicable zone district use restrictions and regulations. This area is primarily residential in nature with accessory agricultural uses, therefore the proposed ADU is consistent with the adjacent property uses. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. This Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use is compatible with adjacent land uses. We are building an adu in a residential neighborhood with existing similar structures. This area is primarily residential in nature with accessory agricultural uses, therefore the proposed ADU is consistent with the adjacent property uses. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. The Town of Carbondale supplies water which is then managed by the Satank Water Association (S WA). The SWA water distribution network is the association who manages our neighborhood's tap access into the Town of Carbondale water. Currently, our home is on a City tap. However, there is a moratorium on additional water being supplied outside of city limits. There are no existing water taps available and there is not an option to add EQR to our existing tap. We have a legal well which is located on the property which we propose to use for our water source. The rights to this well are written in a decree on our deed. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application . A. Determination of Adequate Water. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4-203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. The current well has permit number 303994, which was issued by the Office of the State Engineer, Colorado Division of Water Resources. There will be a water test to determine adequate volume and quality of the water produced from the existing well on the prope rty. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. There is not an available water source other than the existing private well. The legal water rights to the existing well will be utilized to supply water for the ADU. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible. b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. There is no public sewage system in our neighborhood. We have an adequate wastewater septic system installed on the property which can accommodate the adu. Our Septic System is engineered with a 1,500 gallon tank. The current home has 4 bedrooms. The proposed ADU would add 1 additional bedroom, and is therefore within the building code allowance and capacity of the system. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities shall be available to serve the land use. 7-107. ACCESS AND ROADWAYS. Adequate Public Utilities. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. A. Access to Public Right-of-Way. All lots and parcels shall have legal and physical access to a public right-of-way. The ADU will be accessed by the public right-of-way county road, Mesa Ave. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. The ADU will have safe access via the existing driveway. Mesa Ave is safe and in conformance with access regulations. c. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. The addition of the ADU and its future tenant will not adversely impact the capacity of or congestion to Mesa Ave. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. No new roads will need to be constructed to access this ADU. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. No major heavy equipment will be associated with this build. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: This does not apply as no new roads are be ing constructed . Design Standards Design Capacity (ADT) 2501+ 401-2500 201-400 101-200 21-100 0-20 No Access to DU Minimum ROW Width 80 60 50 50 40 15 to 301 30 (Feet) Single Lane Single Lane Lane Width (Feet) 12 12 11 11 8 12 12 8 6 6 4 Shoulder Width (Feet) 6Min. 4Min. 4Min. 2 0 0 Paved Paved Paved 2 Min. Paved Ditch Width (Feet) 10 10 6 6 4 32 0 2% Chip/Seal 2% Chip/Seal Cross Slope 2% 2% 2% 2% n/a 3% Gravel 3% Gravel Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% Asphalt or Chip/Seal or Native Surface Chip/Seal Gravel Gravel n/a Chip/Seal Gravel Material 1 As determined adequate In an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated a: either an easement or ROW. 2 If determined necessarv for adeauate drainaae. 7-108. UsE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The level topography of the job site eliminates the danger of any geologic hazards such as rock fall, landslides, snow slides, etc. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. The ADU will have smoke alarms wired into the structure. Fire extinguishers will be present in the apartment. A fire hydrant is approximately 50' from the proposed site. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. This build does not affect any agricultural land. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. The existing property is fenced to prevent domestic animals to interfere with livestock. No domestic animals reside on the property. c. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. The property is already fenced and fences are well maintained. There is no agricultural land adjacent to the property. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. No new roads will be constructed during this build. Dust control will be maintained to ensure no adverse impacts. E. Ditches. 1. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right." A standard County note (staff note: see section V.F. of this report for proposed note language) shall be placed on all final plats and site plans for land use change permits. The ADU will not affect right of ways for ditch personnel. 2. The Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. 3. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way. Right of way will be maintained for ditch personnel. 4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. The use of ditches, including maintenance, can continue uninterrupted. 5. Maintenance Easement. A maintenance easement shall indicated on any Final Plat for the division of land or for the final development plan for any other land use. The Applicant shall provide a letter from the ditch owner accepting that the development proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. No structure or fence shall be placed within the right-of-way or easement without written permission from the appropriate ditch owner. The plat will not be divided in order to build this ADU, all right of ways will be maintained. 6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate and maintain their ditch without increased burden of maintenance or liability. Development shall minimize ditch crossings. At a minimum all irrigation ditch crossings shall: a. Require the crossing be sized to not interfere with ditch operations or change existing hydraulic flow characteristics; b. Provide vehicle and maintenance equipment access to the ditch from both sides of the ditch crossing from all roads for use by the ditch owner(s); c. Prior to permit application, or construction within the ditch right-of-way the Applicant shall provide a letter from the ditch company regarding agreement with standards contained in the proposed crossing; d. The BOCC may require specific improvements to ditch crossings if determined to be necessary in the review process, particularly if these improvements are required to address safety concerns; This build has no impact on ditch crossings or water flow. 7. Referral to Ditch Owner. Application for Division of Land or Land Use Change Permit that may affect or impact any ditch right-of-way shall include the name and mailing address of the ditch owner. {This information may be obtained by contacting the Water Commissioner at the Colorado Division of Water Resources to determine the ditch owner for purposes of requesting review and comment on the development proposal). We own 7 shares to the Rockford ditch and own the land our shares flow through. The Ditch right shares terminate at our property. No other land owner is impacted by the build of the ADU. Joe White with the Roc kfo rd Ditch Association and CRMS was contacted. I shared the site plan and indicated that the proposed ADU is not in close proximity to the ditch and that there would not be any disturbance to the ditch. I explained that there is not any Septic System work and that all access to the ADU and site is located on the opposite side of the property from the ditch location. 8. Drainage. Application for Division of Land or Land Use Change Permit that includes any improvements located adjacent to or below grade of an irrigation ditch shall address and mitigate potential impacts to the irrigation ditch in a drainage plan. The drainage plan shall demonstrate that the drainage will not impair operation of the ditch. The ADU building envelope is not near a ditch. There will be no impact to the irrigation ditch and drainage will not be in the vicinity of the ditch. 9. Water Quality and Stormwater Management. No development or changes in land use shall channel surface waters into any irrigation ditch without the written consent of the ditch owner. All stormwater drainage will be directed to the lawn and not into a ditch. 7 -202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. No wildlife habitat will be impacted due to the residential zoning of the build. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. Our build will not impact the migration patterns of wildlife. We're building on an already developed, residential, single family home site. c. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced . with native and/or desirable nonnative vegetation capable of supporting post-disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. No part of our property is being used for wildlife food or cover. There is no native vegetation on the job site due to the residential nature of our prope rty. We will be planting grass to prevent noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. There will be no disturbance to critical wildlife habitat. The property is located in a residential area. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. There are no domestic animals living on the property. The property is completely fenced. 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOH WM shall be required for any storage of hazardous materials and sand and salt for use on roads. The location of the proposed adu build site meets all minimum setback requirements for bodies of water. There will be no storage of sand or salt on the property. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. c. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. Our property is .63 acres, thus not subject to the above mentioned permit. Grading will facilitate positive drainage from the ADU and the existing single family home into the lawn. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. The build of this ADU will not negatively impact air or water quality. All materials will be stored and used in compliance with regulations. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. Our building site is not in a designated severe wildlife hazard area. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. Development of the property will not increase possibility, intensity or duration of a wildfire. c. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. Roof material will be made out of asphalt shingles and is therefore not flammable . 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. B. Development in Avalanche Hazard Areas. c. Development in Landslide Hazard Areas. D. Development in Rockfall Hazard Areas. E. Development in Alluvial Fan Hazard Area. F. Slope Development. G. Development on Corrosive or Expansive Soils and Rock. H. Development in Mudflow Areas. I. Development Over Faults. These hazards do not exist on our property. 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a COOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. There will be no installation of the ISDS. There is an existing asphalt paved driveway on the property. DMSION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Single-family dwelling units, are specifically exempt from these Division 3 standards. 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. A. Site Organization. B. Operational Characteristics. c. Buffering. D. Materials. The design of development associated with the land use change is compatible with the existing character of adjacent uses within the residential neighborhood. 7-302. 0FF·STREET PARKING AND LOADING STANDARDS. A. Off-Street Parking Required. All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. There is no off street parking associated with this build. All vehicles will be parked in the driveway on our property. 7-303. LANDSCAPING STANDARDS. Single-Family Dwelling Units, Accessory Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. We are exempt from landscaping standards as described above. 7-304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. Light will only serve the property and be downcast. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. Exterior lighting will be directed to shine only onto our property. c. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. No hazardous or colored lighting will be installed on the property. o. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. No blinking, flashing or fluttering lights will be installed on the property. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. No light sources will exceed 40 feet in height. 7-305. SNOW STORAGE STANDARDS. All residential uses except for multi-family are exempt from this section, unless the residential use includes a common outdoor parking area. We are exempt from this section as described above. 7-306. TRAIL AND WALKWAY STANDARDS. THERE ARE NO TRAILS OR WALKWAYS THRU OR SURROUNDING THE PROPERTY. DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 7-701. ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. The floor area of the ADU is 750 square feet for a .63 acre lot. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. The ADU will be owned by the property owners and is for residential use only. c. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. Construction will comply with the standards set forth in this Code and with Building Code requirements of Garfield County. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. The building site area is 27,387sq.ft. thus meeting the minimum lot size for an ADU. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. There will be a separate entrance for the ADU . F. One per Lot. One Accessory Dwelling unit which is subordinate to a Single-Unit (primary) dwelling unit is allowed per legal lot. There is only one ADU proposed for this Land Use Application . Account :•;: ,_ "-'·' :.,·>: l V: \' (~) Page 2 of2 Red HiNO Go g le Map data ©2017 Google https ://act. garfield-county .com/ assessor/taxwe b/ account.j sp ?accountN um= R040811 &doc= 1110/2017