HomeMy WebLinkAbout3.0 Director's Determination 06.28.2017Garfield County
June 28, 2017
Derek Nunez
PO Box 1392
Carbondale, CO 81623
DIRECTOR DETERMINATION - Administrative Review Land Use Change
Permit — Mushroom Rock Partnership, LLC —
Accessory Dwelling Unit - Garfield County File
Number GPAP-04-17-8529
Dear Mr. Nunez;
This letter is being provided to you as the authorized representative in regard to a
General Administrative Review Application for an Accessory Dwelling Unit owned
by Mushroom Rock Partnership, LLC. The proposed use is at 10211 Highway 82,
located approximately 1.5 miles northeast of the Town of Carbondale with access
off a BLM access road and State Highway 82 and also known by Assessor's Parcel
No. 239329100159.
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's representations and conditions of approval.
1. That proper public notice was provided as required for the Administrative
Review Land Use Change Permit.
2. That with the adoption of conditions, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Land Use and Development Code of
2013, as amended.
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A Director's Decision is hereby issued approving the Application with the following
conditions.
Conditions of Approval:
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Board
of County Commissioners.
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. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000
square feet.
4. The ADU shall be subject to all Garfield County Building Code
Requirements. The property owner shall obtain all necessary Garfield
County Building Permits prior to construction of the 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.
7. The Applicant shall obtain an Onsite Wastewater Treatment System
(OWTS) permit prior to installation of the wastewater system.
8. The driveway to the ADU shall be constructed to comply with standards
outlined in Section 7-107, Access and Roadways, of the Land Use and
Development Code of 2013. Specifically, the driveway shall comply with the
dimensional standards in Table 7-107, Roadway Standards, for the
Primitive / Driveway category.
9. The property owner shall maintain a defensible space around the ADU
following the standards of the Colorado State Forest Service.
10. In order to reduce possible bear conflicts, it is recommended that the
property owner follow bear -aware practices as prescribed by Colorado
Parks and Wildlife including, but not limited to: feeding pets indoors and
storing pet -food indoors, using bear -proof trash containers and only placing
trash outside during day of pick-up, avoiding fruit, berry, and nut producing
plant species for landscaping, and routinely cleaning BBQ grills.
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11. In order to ensure that any rockfall, slope issues, grading and drainage,
and/or other natural hazards are appropriately mitigated, the property owner
shall conduct the following analyses, and shall be submitted with the
Building Permit for the ADU. These studies shall to be conducted by a
professional engineer licensed in the State of Colorado. All mitigation
measures recommended as a part of these studies shall be identified in the
Building Permit application and shall be executed at the time of construction
of the ADU. In addition, the analysis conducted for reclamation and
revegetation shall be reviewed by the Garfield County Vegetation Manager
who shall make a recommendation regarding any necessary revegetation
security.
a. Conduct a geotechnical study with a geohazards analysis to address
possible rockfall and other hazards at the identified ADU location;
and
b. Conduct an analysis as to how the slope hazards, which have been
identified at 20% - 30% will be mitigated to meet the requirements of
Section 7-207(F)(1) of the Land Use and Development Code of 2013;
and
c. Conduct a detailed analysis of how the grading and drainage on the
site will be impacted by the ADU and other hazard mitigation
structures. This analysis shall also include any necessary erosion
control measures to be taken; and,
d. Conduct an analysis of the overall disturbance area (location and
amount of disturbance) around the ADU, driveway, as well as from
the construction area and placement location of any necessary
hazard/drainage mitigation structures. This analysis shall include
reclamation and revegetation measures that will be taken to secure
the slopes both during and following disturbance of these areas.
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for further review. According to the Land Use and Development Code,
Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the
Applicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Sincerely
er, AICP
r of Community Development Department
CC: Board of County Commissioners
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