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Home My WebLink About8.0 DD Staff Report 03.09.2017Director Decision, March 9, 2017 Exhibits — Shiflet-Murray ADU - File No. GAPA-01-17-8516 Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Letter dated February 22, 2017 from Mike Prehm, Road and Bridge G Memo dated March 1, 2017 from Justina Mickelson, Division of Water Resources H Letter dated March 3, 2017 from Chris Hale, Mountain Cross Engineering I Email dated March 8, 2017 from Joe White, Rockford Ditch Company J Letter dated March 10, 2017 form Steve Anthony K L M N O P Q R S T U 1 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. ailed notice was completed on the a day of &or/41 , 202- 1/14 All owners of record within a 200 foot radius of the subject parcel were identified as shown In the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] • Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20_. • Please attach proof of publication In the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 20 . Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information Is true and accurate. CI Name: r1/61//91 /:cn-1 C Signature: Date: 02/..) 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Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at wwvv.ueps.com"• CARBQNDAtE !Cp 81623 °wood Mali Fee $3.35 $ hw, addreo a) trA Services o s ❑Return RvcaWtfl $Li+ �fietum Rse;oiPt {olrrplliNdc) []Coddled Mnil Rosrrfcied Delivery $ °Adult Sfe,aturo Rugrdmd °Mull Signature Resuused Detrveci $ ----_—_— Pastaget Total Postage en Seal To Sheet arid,Ajit: Ko., or150 hoz dfo: See Reverse for Instructions PS Form 3800, April 2015 PSN 7530-0.2W0.0:9047 $0.49 #x.29 0531 64 Postmark Here 02/18/2017 EXHIBIT A Shiflet ADU GAPA-01-17-8516 March 13, 2017 - KE PROJECT INFORMATION AND STAFF COMMENTS MR TYPE OF REVIEW APPLICANT (OWNER) LOCATION LEGAL DESCRIPTION ACRES ZONING COMPREHENSIVE PLAN Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) Michael Clay Shiflet, Sarah Murray, Bill and Mary Shiflet 55 Mesa Avenue - west of the Town of Carbondale Lot 3, Block 4, Cooperton Townsite Parcel Number 2395-283-04-015 27,387 square feet Residential Urban FLUM — Urban Growth Boundary 1. DESCRIPTION OF THE PROPOSAL Figure I- Vicinity Mop The Applicant is requesting approval for an Accessory Dwelling Unit (ADU) on a 27,387 square foot parcel located within the Cooperton Townsite, as shown in Figure 1. The required minimum lot size for an ADU in the Residential Urban zone district is 15,000 square feet, twice the minimum lot size of 7,500 square feet. The subject site exceeds this requirement. An ADU of up to 1,500 square feet can be constructed on the site subject to Section 7-701 of the 2013 Land Use and Development Code, as amended (LUCD). II. DESCRIPTION OF THE SITE A single family home currently exists on the parcel and an addition is proposed to be attached to the home. The ADU is proposed to contain one bedroom. 1 Page Shiflet ADU Director Decision March 13, 2017 Water to serve the unit is proposed via construction of a new well on the site, Permit Number 303994, dedicated to serve only the ADU. The existing single family home has Town of Carbondale Water service, however a moratorium is currently in place therefore the proposal to serve the unit with a well. An existing OWTS on the site has sufficient capacity to serve the ADU if it is limited to one bedroom in size. The Rockford Ditch flows through the property and the ditch company has been included as a referral agency. The site is designated as Urban Growth Boundary for the Town of Carbondale, therefore consultation with the Town of Carbondale Comprehensive Plan is appropriate. III. APPLICABLE REGULATIONS A. The Land Use Table contained in Section 3-403 of the LUDC designates an Accessory Dwelling Unit within the Rural Zone District as requiring Administrative Review. B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the Land Use and Development Code sets forth General approval standards in DOivision 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of this report. IV. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: 1. Mountain Cross Engineering, Exhibit H: Chris Hale identified the need to meet water quality and quantity testing as well as setback issues with the well and setbacks between the septic and ditches. 2. Road and Bridge, Exhibit F: A Driveway Permit will not be required for this unit. 3. Rockford Ditch Company, Exhibit I: Joe White responded that the Rockford Ditch Association has no objection as long as there is no legal or physical impact on the ditch, its easement, or its operation. 2 Shiflet ADU Director Decision March 13, 2017 4. Division of Water Resources, Exhibit G: Justina Mickelson responded that the ADU will be served by Well Permit No. 303994 issued on December 22, 2016. The Division has no objection of the use of the well for this unit. 5. Brent Maiolo: Mr. Maiolo is an adjacent property owner who wanted to voice his support of this application. 6. Vegetation Management, Exhibit J: Steve Anthony responded that there were no comments. No response was received from Carbondale & Rural Fire Protection District, Environmental Health, Mt. Sopris Soil Conservation District, and Town of Carbondale. V. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulations for the Residential Urban Zone District. The proposal meets maximum lot coverages, property setbacks and exceeds the requirement for a minimum lot size of 15,000 square feet for an ADU. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The site is located on the Garfield County Future Land Use Map (FLUM) within the Urban Growth Boundary for the Town of Carbondale, therefore we look to the Comprehensive Plan for the Town. That Comprehensive Plan identifies the Satank area as Phase 2 Potential Annexation: InfiII Areas. Satank (Cooperton) is a low priority according to the explanation of the Phase 2 Infill Areas, but also states that the area currently functions as a part of the town. Demand for sewer could motivate petitions for annexation but the opportunities for public benefit to the town are few. Section 7-103: Compatibility The proposed use is located within a residential subdivision and is therefore compatible both with the use and density of the area. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water Currently the site is served by public water from the Town of Carbondale, however an existing moratorium prevents service to the proposed ADU. The Applicant proposes instead to provide water to the ADU via Well Permit No. 303994. This well will be drilled and testing results provided regarding sufficiency of the pump test and water quality analysis. This testing is proposed as a condition of approval. Section 7-105: Adequate Central Water Distribution and Wastewater The existing single family home is served by a County -permitted Onsite Wastewater 3 Shiflet ADU Director Decision March 13, 2017 Treatment System (OWTS) that has sufficient excess capacity to serve a one bedroom ADU. A condition is recommended limiting the size of the ADU to one bedroom unless improvements are made to the capacity of the OWTS. Section 7-106: Adequate Public Utilities The site is currently served with adequate public utilities. Section 7-107: Access and Driveways The application was referred to the Garfield County Road &Bridge Department who responded that a driveway permit is not required for the ADU. Section 7-108: Natural Hazards The site does not appear to be located within any mapped hazard area. Section 7-109: Fire Protection The Application was referred to the Carbondale and Rural Fire Protection District who had no comment on the proposal. Article 7, Division 2: General Resource Protection Standards Section 7-201 Agricultural Lands The proposed ADU will be accessory to the primary dwelling unit on the subject property. The property is not currently being used for agricultural purposes. The Rockford Ditch is located on the site and a referral was sent to the Ditch Company. There does not appear to be any impact to the ditch from the proposed ADU. Section 7-202 Wildlife Habitat Areas The redevelopment of the parcel with the inclusion of an ADU will not create additional impacts to wildlife. Section 7-203 Protection of Waterbodies There are no waterbodies on the site other than the above discussed Rockford Ditch. Section 7-204 Drainage and Erosion Disturbance will be minimal and positive drainage has been designed as part of the structure. Sections 7-205 Environmental Quality Air and water quality will not be adversely impacted by the ADU. Section 7-206 Wildfire Hazards The wildfire hazard in this area is minimal. Section 7-207 Natural and Geologic Hazards No significant natural or geologic hazards have been identified on the subject property. 4 Shiflet ADU Director Decision March 13, 2017 Section 7-208 Reclamation Minimal disturbance is anticipated in completing the ADU. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Design The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated that adequate off-street parking will exist for the ADU unit. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Landscaping Standards. Section 7-304 Lighting: The Applicant has stated that the structure will comply with this standard and that all lighting will be downcast and shielded. Section 7-305 Snow Storage Standards: There is adequate area within the lot to meet minimum snow storage standards. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 701, Accessory Dwelling Unit Section 7-701.A Maximum Floor Area: The proposed ADU will not exceed the maximum of 1,500 square feet in size permitted in this zone district. Section 7-701.B. Ownership Restriction: The Applicant understands that the ADU is restricted to leasehold interests and may be used for residential purposes only. Section 7-701.C. Compliance with Building Code: The Applicant has represented that the ADU will comply with all building codes. Section 7-701.D. Minimum Lot Area: The minimum lot area has been satisfied. Section 7-701.E. Entrance to Dwelling Unit: 5 Shiflet ADU Director Decision March 13, 2017 The ADU as proposed will comply with this standard. VI. RECOMMENDED FINDINGS AND CONDITIONS Staff recommends approval of the request for an ADU and provides the following findings in support: 1. That proper public notice was provided as required for the Director's Decision. 2. The Director's review was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to be heard. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Shiflet-Murray Dwelling Unit at 55 Mesa Avenue is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, the application is in general conformance with the 2013 Land Use and Development Code, as amended. Recommended Conditions of Approval 1. All representation of the Applicant contained in the application shall be considered conditions of approval. 2. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 3. Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square feet. 4. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for the proposed ADU structure. 5. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 6. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 6 Shiflet ADU Director Decision March 13, 2017 7. The proposed ADU is limited to one bedroom due to OWTS capacity, unless the Applicant can demonstrate that improvements to the existing OWTS have been made to allow for sufficient capacity for additional bedrooms. 8. Prior to issuance of the Land Use Change Permit the Applicant shall provide the following information: (1) A minimum 4 -hour pump test shall be performed on the well(s) to be used. The results of the pump test shall be analyzed and summarized in a report, including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down, recharge, and estimated long-term yield. The report shall be prepared by a qualified professional engineer or ground water hydrologist and shall include an opinion that the well will be adequate to supply water for the proposed uses. The report shall also address the impacts to ground water resources in the area. (2) Water quality shall be tested by an independent testing laboratory for the following contaminants: alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. Additional testing may be required for other contaminants that occur within the County. The results shall show that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded, or the Applicant has otherwise identified a treatment system that will bring the water within acceptable MCLs. Annual testing, testing for other contaminants, and testing for secondary drinking standards including taste, odor, color, staining, scaling, and corrosion is also recommended. 7 EXHIBIT IF Garfield County Shiflet AUD 55 Mesa Avenue (County Road 54) Carbondale (Satank) Kathy, Road & Bridge February 22, 2017 This application for an ADU to be built attached to an existing single family home in the Satank neighborhood will have little or no impact to our road system. Access at this address is paved and in good condition. A Driveway Permit will not be required from Road & Bridge. Thanks for giving us the opportunity to review this application. Please contact me if you have any questions. Mike Prehm Garfield County R&B Foreman (970) 625-8601 Office (970)625-8627 Fax COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 MEMORANDUM Permit Nos.303994 & 303994-A Rec Nos. 9504174 & 9504203 Date. March 1, 2017 To: Kathy Eastley, Senior Planner, Garfield County Community Development Department From: Justina P. Mickelson, Physical Science Researcher/Scientist Re: Shiflet Accessory Dwelling Unit; GAPA-01-17-8516 EXHIBIT We have reviewed the request for a permit for a proposed Accessory Dwelling Unit (ADU) on a parcel of approximately 0.63 acres in size, located in part of the NE1/4 of the SW1/4 of Section 28 in Township 7 South, Range 88 West of the 6th P.M., at 55 Mesa Avenue, (lots 3-9, parcel no.2393-283-04-015). The property currently has an existing single family residence, access road and utilities in place. The applicant does not propose to create a new lot or change the size of the existing lot. The current water supply to the residence on the lot is provided by the Town of Carbondale. The applicant has indicated using the well on the property for the ADU. According to our records, a relocation for the existing well, Permit No. 303994, was approved under Permit No. 303994-A. The application also indicates an existing individual septic serves the existing single family dwelling and will serve the ADU. According to our records, Well Permit No. 303994 was issued on December 22, 2016, for an existing well located in the NE1/4 of the SW1/4 of Section 28, Twp. 7 South, Rng. 88 West of the 6th P.M. The use of groundwater from the well was approved for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 2,500 square feet of home gardens and lawns. The rate of this well shall not exceed 15 gpm. Per our records, the well was constructed and first put to use October 11, 1948, and the current permit is valid. Well permit 303994-A was issued on January 19, 2019 for the relocation of the existing well. The applicant's land use change request indicates that the well located on the property would service the proposed ADU. The ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. As long as the uses of the well do not exceed those allowed under the permit (well permit no. 303994 or well permit no. 303994-A), this office has no objection to the well also serving the ADU. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us March 3, 2017 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of the Shiflet Accessory Dwelling Unit: GAPA-01-17-8516 Dear Kathy: This office has performed a review of the documents provided for the Shiflet Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant should verify that the well can he drilled in a location that will meet the setbacks required from other wells and from septic systems. 2. The Applicant will need to provide pumping test and water quality results. 3. There are setbacks from irrigation ditches and septic systems. The Applicant should verify that the existing septic system meets the setback requirements. Feel free to call if you have any questions or comments. Sincerely, Mountai}f Cross Enginee Chris Hale, PE ing, c. (4- 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Kathy A. Eastty From: Joe White <jwhite@crms.org> Sent: Wednesday, March 08, 2017 7:44 AM To: Kathy A. Eastley Cc: Chad Lee; Mark Nieslanik; Clay Shiflet Subject: Re: Referral Comment Request - Shiflet ADU Application Dear Kathy, The Rockford Ditch Association has no objection so long as there is no legal or physical impact on the ditch, its easement, or its operations. Regards, Joe White Vice President, Rockford Ditch Association On Wed, Feb 22, 2017 at 9:45 AM, Kathy A. Eastley<keastley(rr�,garfield-courity.com> wrote: Good day, The Garfield County Community Development Department has received a land use application for an Accessory Dwelling Unit in Satank, located west of the Town of Carbondale. The Applicant seek to construct the ADU attached to the existing single family home. A new well is proposed to be drilled to serve the ADU and the unit will utilize the existing OWTS which appears to have sufficient capacity. You are receiving this email because you are a referral agency or a party that may have an interest in reviewing and commenting on the application. The County is requesting your comments no later than March 9, 2017 so that those comments can be considered by the Community Development Director on making a decision on the application. Attached is a referral form which lists the timeframe for the review and provides the file number of the application (GAPA-01-17-8516). A link providing direct access to the application materials is provided for your ease of review https://records. garfield-county.com/WebLinkfBrowse. asvx?startid=3 5 96425 &dbid=0 If this link does not work you may access these application materials through our online File Cabinet found at https://www.garfield-countv.comfpublic-records/county-documents.aspx by searching with the File Number GAPA-01-17-8516. Please feel free to call me at 970-945-1377 extension 1580 if you have any questions about the requested review or difficulty in locating the application on the County system. Thank you for your time. i Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com Joe White Director of Finance Colorado Rocky Mountain School (970) 963-2562 www.crms.org 2 4111::: Garfield County Vejietation Management March 10, 2017 Kathy Eastley Garfield County Community Development Department RE: GAPA-01-17-8516 Dear Kathy, I have no comments on this one. Sincerely, 2 'L. -- Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456