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Home My WebLink About1.00 General Application MaterialsAPPLICATION FOR ADMINISTRATIVE REVIEW ACCESSORY DWELLING UNIT LOT 2 WOODEN DEER SUBDIVSION Garfield County, Colorado SEPTMBER 2017 SECTION 1 Application Forms & Related Documents Land Use Change Permit Application Permit Form Payment Agreement Form Letter of Authorization Statement of Authority Pre-Application Conference Summary cG Gar.field County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com I TYPE OF APPLICATION I Iii Administrative Review D Lim ited Impact Review D Major Impact Review D Amendments to an Approved LUCP D LIR O M IR OsuP D Minor Temporary Housing Facility D Vacation of a County Road/Public ROW D Location and Extent Review D Comprehensive Plan Amendment 0 Major 0Minor D Pipeline Development LAND USE CHANGE PERMIT APPLICATION FORM D Development in 100-Year Floodplain D Development in 100-Year Floodplain Variance D Code Text Amendment D Rezoning 0 Zone DistrictD PUD 0 PUD Amendment D Administrative Interpretation D Appeal of Administrative Interpretation D Areas and Activities of State Interest D Accommodation Pursua nt to Fair Housing Act D Variance ·-D Time Extensio n (also check type of original application) INVOLVED PARTIES Owner/ Applicant Name: SVC Wooden Deer LLC Phone: ( 970 ) 618-0480 Mailing Address: 235 Snowcap Circle City: Carbondale State: CO Zip Code: _8_1_6_2_3 ____ _ E-mail : crawforddesignbuild@comcast.net Representative (Authorization Required) Name: Mark Chain Mailing Address : 811 Garfield Avenue city: Carbondale E-mail : mchain@sopris.net PROJ~CT NAME AND LOCA~t9 N Project Name: I SVC Wooden Deer ADU Phone: ( 970 ) 309-3655 State: CO Zip Code: _8_1_6_2_3 ____ _ 1 Assessor's Parcel Number: ;;..._ ~ ~ '?2_ -;).... ~ _i_ -_J)_ .!:f.._ -0 0 ~ I I Physical/Street Address: TSO Wooden Deer Road 1 Legal Description: Lot 2 Wooden Deer Subdivision I ,---------------------------------- ' Zone District: _R_u_r_a_I ___________ Property Size (acres): _5_.4 _____ _ PROJECT DESCRIPTION Existing Use:----------------------------- 51 N~LG" -£°"Ayyi l L-:1 ~e}1f5) Proposed Use {From Use Table 3-403): D L-'AiiU,Jb.£(; U h.1 fT > ,ftU~<::;.oP-7 Description of Project: g..{~ 1..1.cci;I -.:::V Cu ,t=-5>)(\.M...cf @s) Y ffl")r p_µ "N tV'A3:t;L. '( :) Lt o "SE 1 t--" ~ t ~ u ~tl..: ~REQUEST FOR WAIVERS : : : Submission Requirements ~ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: ,,,.,---H: -2!.r~( I"" I Section:12o,4Pwro <:;'31JC ~ 1-Ju"'l Section: L€A;1.tk. tyfjl:'JL ~Cf':-7 o.kfl) I Sectio n:l'MC-0 c.. 5Jli< Dy lj -J.'-""'2., Section: ..--v ~ 1 fie"L~) Lf ,_.d-<.,"2, f4i.'1) {;-f>d\l\f4,i... ~ Lt,.. u~ b.~r) I Waiver of Standards D The Applicant is requesting a Waiver of Standa rd s per Section 4 -118. List: Section: Sectio n: ------------ -------------- Section: Section:------------- I have read the statements above and have provided the required attached information which is knowledge. 72.s-. /7 Date I File Number: ____ -___ _ Fee Paid:$ ------------ ce Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") 'B VC: lJ.AJC/f)(:;;)../ '\) <::?::'l.. LJ-e... _______________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: -~!) c.:R.4~\2-'D Phone: ff/0) {o( &---6 Lt-cfo ~llingCon~ctAddre~: _____________________________ _ City: State: Zip Code: ______ _ Billing Contact Email: L Mc.A..:Pc&DDe '9 b~ LI IL]) @co(h CM) a NGT Printed Name of Person Authorized to Sign:----------------------- 7 ·2.S ·/7 '(Date} July 25, 2017 Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Lot 2 Wooden Deer Subdivision This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit Land Use Change application to allow for an Administrative Review fo r purposes of constructing and Accessory Dwelling Unit on the property noted above. Lot 2 in Wooden Deer is owned by BVC Wooden Deer LLC. The s ubject property is approximately 5.48 acres in s ize and is located north of the Town of Carbonda le . Sincerely, Brad Crawford, Partner BVC Wooden Deer LLC 235 Snowcap Circle Carbondale, CO 81623 89208705/08/201711:32:12AM Page 1 of1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $27.50 eRecorded WARRANT¥ DEED THIS DEED, made this Sth day of May, 2017, between ARTHUR MCMAHON whose address is 1640 Powers Ferry Road, SE, Building 25, Marietta, GA 30067-1444, GRANTOR(S), and ~~1BA WFORD AND VICKI CRAWFORD whose address is 235 Snowcap Circle, Carbondale, CO 81623, GRANTEE(S): WITNESS, that the grantor(s), for and in consideration of the sum of TWO HU1'"DRED SEVENTY FIVE THOUSAND AND 00/100 DOLLARS ($275,000.00), the receipt mid sufficiency of which is hereby aclaiowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, grantee's heirs and assigns forever, not in tenancy in common but IN JOINT TENANCY, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Lot2, WOODEN DEER SUBDIVISION, according to the Plat thereof filed December 7, 1992, at Reception No.441908. also known by street and number as: TBD Wooden Deer Road, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in an)~vise appurtaining, and the reversion and reversions, remainder and remalnders. rents, issues and profits thereo±: and all the estate, right, title, interest,. claim and demand whatsoever of the granter, either in law or equity, of: in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and descnoed, with the appurtenances, unto the grantee, grantee1s heirs and assigns forever. The grantor, for the grantor= grantor's heirs, and personal representatives, does covenant, grant, bargain and agree to and 'With the grantee, grantee1s heirs and assigns, that at the time of the ensealing and delivery of these presents, granter is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bas good right, full powor and lawful authority to grant, bargain. sell and conV<iy the same in manner and form as aforesaid, nod that the same are free aod clear from all former and other grants, bargains, saleS; liens,, taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except general taxes for the current and subsequent years,. and except easements, covenants, conditions, restrictions, reservatio~ and rights of way of record, if any. The granter shall aod will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, grantee1s heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof: The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. ~executed this deed on the date set forth above. ~ State of Colorado County of Garfield The foregoing instrument was acknowledged, subscnoed and sworn to before me this 8th day of May, 2017 by Arthur McMahon My Commission Expires:------ GENERAL W~DEED ~JoINTTENANCT rJll'ITITLE COMPANY MJI~ of the ftt~I~ 0600833 892493 05/18/2017 09:11 :06 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY I. This STATEMENT OF AUTHORITY relates to entity named BVC WOODEN DEER, LLC and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: limited liability company 3. 4. The entity is formed under the laws of the state of Colorado The mailing address of the entity is: 235 Snowcap Circle Carbondale, CO 81623 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is/are: 6. Bradley Crawford, Manager Vicki Crawford, Manager / The auth_optY of each of the foregoing person(s) to bind the entity is ~not limited (check one) O limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in the property: State of: County of: Colorado Garfield § The foregoing instrument was acknowledged, subscribed and sworn to before me this 15th day of May, 2017 by Bradley Crawford, Manager and Vicki Crawford, Manager of BVC Wooden Deer, LLC, a Colorado limited liability company. My commission expires: MARV L. SCHEURICH NOT AAY PUBLIC STATE OF COLORADO NOTARY ID #19974007954 My commission c:.,,;res M"" 22, 201 7 Notary Public =ea; Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-county.com TAX PARCEL NUMBER: 2393-243-04-002 PRE-APP DATE: 6/14/17 & 7/13/17 PROJECT: Brad Crawford Accessory Dwelling Unit (ADU) OWNER: BVC Wooden Deer LLC REPRESENTATIVE: Mark Chain, Planning Consultant ZONING: Rural COMPREHENSIVE PLAN: Residential Medium (6 < 10 Ac/DU) PRACTICAL LOCATION: Lot 2, Wooden Deer Subdivision, located on Wooden Deer Road, approximately 2% miles northeast of the Town of Carbondale off of County Road 103. The site is located in Section 25, T7S, RBBW. TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to include the construction of an ADU in conjunction with the current construction of a single family home on the property. The property is known as Lot 2 of the Wooden Deer Subdivision and is approximately 5.48 acres in size. The site is zoned Rural and ADU's are subject to Administrative Land Use Change Permitting pursuant to the Land Use and Development Code. The proposed unit will be approximately 725 sq.ft. in size and will be located above an attached garage. The unit will have a separate entrance, a small kitchen , and is planned to be a one bedroom unit. All utilities will be installed and in place in conjunction with the construction of the single family residence. The building permit review has also addressed technical issues associated with the grading and drainage, wastewater treatment, soils, geotech, and foundation. The property is served by a central community water system and a proposed on-site waste water treatment system (OWTS) that has been designed by a professional engineer. Covenants for the subdivision are not enforced by the County but should be reviewed by the Applicant to assess whether the covenants and related homeowners association documents address accessory dwelling units. The Applicant will need to meet with the Garfield County Building Department to amend or update the existing building permit, subject to obtaining the required Land Use Change Permit for the ADU. II. SUMMARY OF REGULATORY PROVISIONS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Article Ill, Zoning • Rural Zone District -Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) o Article IV, Application and Review Procedures • Administrative Review Process (Section 4-103) • Common Review Procedures (Section 4-101) • Table 4-102 Common Review Procedures and Required Notice • Application Materials (Table 4-201 and Section 4-203) o Article VII, Standards -Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning -as applicable • Additional Standards Applicable to an Accessory Dwelling Unit (Section 7-701 see excerpt below) 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. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2 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. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required . Ill. ADMINISTRATIVE REVIEW PROCESS The Application will follow the Administrative Review Process contained in Sections 4-101, 4-103 and Table 4-102: 1. Pre-application Conference 2. Submittal of 3 hard copies of the Application along with 1 electronic copy on a CD or memory stick. 3. Review by staff for Technically Complete Status 4. If Technically Complete the Applicant will be notified and the request scheduled for a decision by the Director 5. If the Application is not Technically Complete the Applicant will be advised of the deficiencies and the Applicant will have 60 days to provide any additional required information. The Director's Decision date is not set until the Application is determined to be complete. 6. Once the Director's Decision date is set, the Applicant completes public notice by certified mail to adjacent property owners within 200 ft. and by certified mail/return receipt requested to mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision. 7. Staff prepares a report including public and referral comments. 8. The Director's Decision is documented by letter. 9. Director issues the Land Use Change Permit ten days following the Decision if no requests for a call-up are received and if all conditions of approval have been met. IV. SUMMARY OF SUBMITTAL REQUIREMENTS -KEY TOPICS • General Application Forms and attachments including agreement to pay form, application fees, evidence of ownership such as a deed for the property, and narrative description of the proposal. If title work/commitments are available they should also be submitted. The general information also needs to include the list of property owners within 200 ft. and any mineral rights owners on the subject property . • Authorization to represent may be needed if the Applicant plans on being represented by other professionals such as their Architect or contractor. • A recorded statement of authority will be needed for the LLC. • Vicinity Map (including the area generally within 3 miles of the site) • Site plan with information on proposed location of the ADU, other structures, and significant features on the property (i.e. easements, utilities, ditches, etc.) • Grading & Drainage Plans -grading and drainage information should be available based on the construction of the primary residence and the Subdivision approvals. If 3 necessary a waiver may be requested based on the existing information provided for the building permit. • Landscaping Plans -ADU applications are exempt however if plans are available based on the current construction of the primary dwelling they can be provided. • Impact Analysis -basic descriptive information should be provided, however, submittal waivers from detailed plans (such as wildlife habitat) may be acceptable based on the location of the unit within an approved subdivision and based on proposals to limit any new areas of disturbance. Wildlife and habitat information available on-line from the Colorado Parks and Wildlife Department is also acceptable for this type of application. • Development and Improvements Agreements are not applicable (no vesting issues and no public improvements). • Traffic Study - a submittal waiver may be acceptable based on the minimal traffic associated with an ADU Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre-application conference summary for the submittal requirements that are appropriate for your application: and the existing subdivision approvals. Basic • General Application Materials information on access and traffic should be provided • vicinitv Map • Site Plan to support a waiver request. • Water supply plan and supporting documentation. The Application will need to include will serve letters and/or taps agreements documenting that the ADU can be served by the existing central system. Information on the central system needs to be provided including water quality testing-and adequate • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards production. Section 4-203 (M) provides additional information on submittal requirements for central systems. • Waste Water Plans indicating the adequacy of the proposed OWTS need to be provided addressing the inclusion of the ADU. Copies of existing engineering and/or OWTS permits with the County can be provided. • Standards in Article 7, Division I, II, and Ill may have previously been addressed as part of the Wooden Deer Subdivision approvals. Reference to said approvals may be acceptable; however, where provisions warrant clarification they should be addressed such as compatibility, comprehensive plan (density), availability of utilities, and ADU standards in Section 7-701. • Demonstration of compliance with roadway standards contained in Section 7-107 can be addressed by reference to the existing approvals for the Wooden Deer Subdivision. Information on private driveways serving the ADU need to be provided and also demonstrate compliance with Section 7-107 or a waiver requested. • Demonstration of prior approval or support for the Application by the Wooden Deer HOA is not a required submittal but is recommended. • Waiver requests need to address applicable review criteria (Sections 4-202 & 4- 118). Follow-up pre-application discussions with Staff are recommended to further address waiver options. 4 The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: Staff for completeness and recommendations. Referral agencies for additional technical review b. Public Hearing: ..lL Director Decision with notice (not a public hearing) _ Planning Commission _ Board of County Commissioners _Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: Garfield County Road and Bridge Garfield County Attorney Fire Protection District Garfield County Environmental Health Manager Garfield County Vegetation Manager Garfield County Building Department Wooden Deer Homeowners Association Colorado Division of Water Resources VI. APPLICATION REVIEW FEES a. Planning Review Fees:$ 250.00 b. Referral Agency Fees: $ __ na__ (may be billed separately) c. Total Deposit: $ 250.00 (additional hours are billed at$ 40.50 /hour) VII. GENERAL APPLICATION PROCESSING Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planner reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. VIII. DISCLAIMER The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon 5 factual representations that may or may not be accurate. This summary does not create a legal or vested right. IX. APPLICATION SUBMITTAL -PUBLIC INFORMATION The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. X. PRE-APPLICATION SUMMARY PREPARED BY: Glenn Hartmann Senior Planner 7/n/n f Date 6 .!l cu c.. E 8 .!!! ] ] :::I "' ~ "' -= c: 0 E N > ] "' E l <t Garfield County Administrative Review Process (Section 4-103) Step 1: Pre-application Conference •May be waived by Director •Applicant has 6 months to submit application -- 1Step2: Application Submittal Step 3: Completeness Review • 10 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Director's Decision •Call-up Period -within 10 days of Director's Decision •Applicant has 1 year to meet any conditions of approval 7 Approximate Location of Applicant's Site • .1 .....-·} EXCERPT FROM COMPREHENSIVE PLAN FUTURE LAND USE MAP Future Land Use Map Garfield County Comprehensive Plan 2030 as Amended ;\1' Greenway Tr<"I -Flooclpfain -Urban Growth A.'!'J lnd!Jstri;:i.1 Open Space/Public LDnd -Mi'xed Use -C011S01vation Easement -Commemo/ D Uninr;.orpornted Community -Res H (1/J TO .c:2 Ac/Du)~ ~ ~ Wo!er & SeK.1er Service Area a Area of Influence (3 m.Ves) Res MH (2 TO• 6 .IJ.c-Vu)" Res M (6 TO <./O Ac/Ou) Res L (10~ Ac/Du) Resource Prod!JCfioWNaturaJ , (;atjield (.'0t111 (1 ' * Rogiona,' Employment Center Town Center ~ ~~ RClr~I Emp!OJ'nrEIH Cent~r ~ ViiJ~eCenter 8