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HomeMy WebLinkAbout2.01 Compliance with Article 7COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 – 3 The following section of this application addresses compliance with the criteria and standards of Article 7, Divisions 1-3 of the Garfield County Land Use and Development Code. Responses to each criterion are in “italics”. Where standards don’t apply, NA or reason for non-applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: The site is located in the County’s Rural "R” Zone District. The development is in compliance with the Zone District, lot and building requirements, Intent Statement, use and general restrictions and measurements contained in Article 3 (Zoning) of the LUDC. A chart comparing the site plan for the single-family house and the ADU using dimensional standards per Table 3-201 is included in the application narrative. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The Garfield County Comprehensive Plan 2030 designates the site as Residential Medium (RM). Comprehensive plan issues were discussed in the application narrative. It is our opinion that for all intents and purposes, the proposal is in compliance with the Comprehensive Plan 2030. The subject property is within the Town of Carbondale Area of Influence. The Wooden Deer subdivision was not submitted to the Town of Carbondale for review in 1992. It is our understanding that Wooden Deer predates any Intergovernmental Agreements with the Town of Carbondale. In addition, ADU’s are not usually referred to neighboring jurisdictions. Section 7-103 Compatibility Response: The nature, scale and intensity of the ADU and use of this lot is consistent with surrounding lots within the subdivision, adjoining subdivisions and any nearby Agricultural properties Section 7-104 Sufficient Legal and Physical Source of Water Response: a sufficient legal and physical source of water has been obtained in the past. See water supply documents section for well permit, pump tests, Statement of Beneficial Use and transfer of ownership Section 7-105 Central Water Distribution and Wastewater Systems Response: The central water system for Wooden Deer was discussed in the Application Narrative. The HOA has approved the ADU for the subject property. An OWTS application per County standards has been submitted as part of the original building permit for Lot 2 and is included with the application documents. Section 7-106 Public Utilities Response: Adequate public utilities are available. Utilities already serve the subdivision in general and Lot 2 in particular. The single-family home and ADU are being connected to the Wooden Deer water system and the OWTS will be operational prior to Certificate of Occupancy. Electricity also exists for the subject property. Section 7-107 Access and Roadways Response: A waiver request has been made for submitting roadway standards related to Wooden Deer Drive, as we are assuming that the original application that all County Road standards in place at that time. Access to the lot off of the Wooden Deer Dr. cul-de-sac is by a primitive driveway. Width of the access point is approximately 16 feet. Driveway will have either gravel or native material as a driving surface. No improvements or modifications to County roads are needed or proposed. No interior public roads are proposed for the Property. Section 7-108 Use of Land Subject to Natural Hazards Response: No significant hazards exist where development may occur, including areas subject to falling rock, mud flows, snow slides, high water table, flooding etc. There are steep slopes on the lot but steep slopes are not present where the structure is being located and/or it is been subject to a Grading and Drainage plan by a professional engineer. Section 7-109 Fire Protection Response: The Wooden Deer original subdivision plans were reviewed by the Carbondale and Rural Fire Protection District. The water system was designed to all standards in effect at that time (mid-1990s). The water storage tank is located on or adjacent to the subject lot. A fire hydrant is located on the cul-de-sac used for access to the subject property. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands Response: No adverse affect on Ag Lands: The subject parcel is not directly adjacent to any Agricultural lands or operations. Because of the vegetation and topography, this lot was never actively ranched to or used directly for agriculture. Section 7-202 Protection of Wildlife Habitat Areas Response: A waiver from wildlife habitat analysis has been requested. The subject property should have been reviewed for critical wildlife habitat areas during the subdivision planning and any necessary conditions or requirements put in place at that time. Section 7-203 Protection of Water bodies Response: There are no water bodies on the property subject to the ADU application or directly adjacent to Lot 2 of the Wooden Deer Subdivision. Section 7-204 Drainage and Erosion Response: there should be no drainage or erosion problems associated with the construction or use of the ADU. A Grading and Drainage Plan analyzed and drawn by a professional engineer was submitted with the Building Permit application. Section 7-205 Environmental Quality Response: No impacts are foreseen related to air quality - as impacts of an ADU minimal. No impacts to water quality are foreseen. Any residential hazardous materials will be stored per Federal, state or county regulations as applicable. Section 7-206 Wildfire Hazards Response: The subject property is listed as high wildfire hazard area according to the County Risk Assessment Maps. Vegetation has been removed in the vicinity of the home (and ADU space) in order to create defensible space. In addition, the Carbondale and Rural Fire Protection District recently worked with the Wooden Deer HOA on a fire mitigation program. Please see the Firewise Community Assessment for Wooden Deer. This of course is a long-term issue and we hope that the HOA and the Fire District continue to work together in the future. Finally, a fire hydrant is easily accessible at the lot boundary in the cul-de-sac of Wooden Deed Drive. Section 7-207 Natural and Geologic Hazards Response: While we have requested a waiver from analysis of the Natural and Geologic hazards (as these should have been analyzed as part of the Subdivision Review Process), hazards are relatively minimal for the site. The lot does have some steep slopes, but the building area is on a portion of the site that is relatively flat. Otherwise, it is our understanding with the area that issues with the following do not exist at the subject site: • avalanche hazards • landslide hazards • rock fall possibilities • alluvial fan issues • corrosive/expansive soils (soils test and suitability for construction submitted with building permit) • mud flows • development on faults Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 of the Land Use Code. Reclamation standards in Section 7-208 B will be followed for the OWTS and utility extensions. These include: • Contouring and Revegetation. • Weed management. • Application of Top Soil Where Necessary. • Retaining Walls (if applicable). • Removal of significant Debris (if applicable). Disturbed areas will also be treated so that noxious weeds are controlled. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS The standards in this section apply to any land use change including division of land. While single-family dwellings, and we also assume ADU’s, are largely exempt, we will respond to these conditions where appropriate. Section 7-301 Compatible Design Response: The ADU, and the subdivision itself, complies with these sections. A. Site Organization. The structure, including ADU is being built in an appropriate location. The subdivision itself appears to be logically laid out in relationship to topography, access and neighboring properties. B. Operational Characteristics. NA. No objectionable emissions expected from this type of land-use. C. Buffering. No required buffering is anticipated. Lighting is the only operational characteristic which could create problems with this type of land-use and its location. The project will comply with County lighting standards. D. Materials. Complies Section 7-302 Off- Street Parking and Loading Standards Response: NA. ADU has minimal parking requirements. There are plenty of appropriate parking areas as per the site plan. The single-family dwelling has a three-car garage. Clear vision areas will be maintained as necessary in the vicinity of the Access Driveway. Section 7-303 Landscaping Standards Response: NA. ADU’s are exempt Section 7-304 Lighting Standards Response. Any outdoor lighting will comply with the standards of this section of the Garfield County LUDC, and be downcast and shielded as necessary. Section 7-305 Snow Storage Standards Response: NA. This type of residential unit is exempt. Section 7-306 Trail and Walkway Standards Response: NA. No trails or walkways were associated with the subdivision or this lot.