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HomeMy WebLinkAbout2.0 DD Staff Report 11.03.2017Directors Determination — Staff Report Exhibits Self ADU Administrative Review Applicant is Stephen and Susanne Self November 3, 2017 (File GAPA-09-17-8580) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form, Dated October 25, 2017 2 Mail Receipts 3 Referral Comments from Dan Goin of Garfield County Road and Bridge, Dated October 19, 2017 4 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated October 24, 2017 _ 5 Email from Stephen Self regarding the mailing address for the mineral owner, dated October 25, 2017 6 Email from Sharon Fazzi, Dated October 30, 2017 7 Letter from Paul and Connie Ritter, Dated October 27, 2017 8 Special Use Permit issued under Reception Number 760235 for a Communication Facility 9 Resolution of Approval 2008-133 for a Communication Facility issued under Resolution Number 759488 10 Referral Comments from the Town of Silt, Dated November 1, 2017 Self ADU GAPA-09-17-8580 November 3, 2017 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Stephen and Susanne Self LOCATION LEGAL DESCRIPTION ACRES The property is located approximately 0.3 miles north of the Town of Silt with access off private roadways and County Road 214. The address is 1098 County Road 214, Silt, CO 81652. Section: 3 Township: 6 Range: 92 A TRACT OF LAND DESC. AS PARCEL NO. 1, AMENDED PLAT OF ANTLERS ORCHARD DEVELOPMENT, REC. NO. 842062 known by Assessor's Parcel No. 2179-031-00-006. Approximately 8.977 acres ZONING Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on an 8.977 acre parcel located within the Rural zone district. As the property is over 4 acres, the ADU is limited to 3,000 square feet. The Garfield County Comprehensive Plan identifies the property as Urban Growth Area within the Town of Silt. The Town of Silt Comprehensive Plan identifies this area as Agricultural / Rural Residential Reserve. Access to the site is an existing driveway and private roadways from County Road 214. The site has adequate areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. The proposed ADU is to be located above an existing detached garage that was built in early 2017. A shared water well, shared private access drive, and shared Onsite Wastewater Treatment System (OWTS) have been proposed to serve both the primary and Accessory Dwelling Units on the property. II. DESCRIPTION OF THE SITE The property is located directly north of the Town of Silt and within the Urban Growth area for the Town. The property is accessed off a private access road from County Road 214. Uses within 1500 feet include primarily residential and agricultural. The property currently has a primary dwelling unit built and permitted in 1987, a two story garage (ADU is to be located on second level) that was built and permitted in March, 2017, an Accessory Solar Energy System that is understood to not require County permitting (15 feet or less off the ground, meets setbacks, and is rated at <15Kw), an agricultural production field, and a permitted Communication Facility (Resolution 2008-133 — See Exhibits 8 and 9). Vicinity Map 2 Aerial View of Subject Property Primary Dwelling Unit 3 Site Plan CR214 Shared Roadway to CR 214 SITE MAP Parcel elf Land Situated M Section 3, 7burnshlp 6 South, Range 92 West of the Sixth Principal Meridian, County cf Qavie3ri. Score ofLiirorudo 1098 County Road No. 214, SIM, CO 81652 "'"V""""" Parcae Na 1 Off? .Arno Garage / ADU Primary Dwelling Unit MSC • �.�. PS Ban Fat=scazoerm..sn=crr =smut— • liiTxi��:�ra w•x.Y« SITE: MM �. ., [w�ir•W •+Yw«w III. WAIVER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the Standards. IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural zone district as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. The Application submittal requests two waivers from submittal requirements. These waiver requests are from submittal requirements included an improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. D. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also 4 subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. Two public comments from adjacent property owners, Sharon Fazzi and Paul and Connie Ritter, were received as a result of the public notice. Public and referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 4): 1. Based on current Garfield County OWTS standards the septic tank should be a 1,500 gallon tank for 5 bedrooms (2 in the ADU and 3 in the residence). 2. The well pump test did not include information on well recovery/recharge. The Applicant should provide additional information or opinion as to the impact of the well on the long term yield of the aquifer. 3. There are high levels of secondary contaminants' in the well water such as total dissolved solids, hardness, sulfate, etc. It is advised that the Owner contact a professional to determine if treatment is warranted. B. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns with the request. C. Sharon Fazzi (Exhibit 6): Concerns related to traffic volume on private access road to the subject parcel as a result of the ADU. D. Paul and Connie Ritter (Exhibit 7): Concerned about sharing the driveway, the communication facility, solar array, barn, converting hay field to hemp, rental use of the ADU, running custom hay business from the property. E. Town of Silt (Exhibit 10): Concerns regarding general County development impacting Town roads and general County distribution of HUTF funds to the Town. 5 VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is in general conformance with the dimensional standards for the Rural zone district. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The County Comprehensive Plan identifies the property as Urban Growth Area for the Town of Silt. According to the Town of Silt Comprehensive Plan of 2009, the parcel is within the Agricultural Rural Residential Reserve (AG -RURAL). The Town of Silt Comprehensive Plan has the following language regarding this designation: Those properties within the Comprehensive Plan Land Use Designation of "Agricultural Rural Residential Reserve" are properties that may develop on a small scale within the County, but should not be subdivided to smaller than I unit per ten (10) acres, unless required to cluster with density between four (4) and eight (8) units per acre with central water and wastewater systems, and maintain the majority of property as open space or agricultural production. These areas are critical for the Town because they serve as a buffer between urban and rural land uses, and should remain such a buffer until the Town has adequately developed and/or re -developed its infill lots. Those lots that the County has subdivided into two (2) acre lots are generally not acceptable for annexation and development within the Town due to the difficult physical nature of infrastructure construction on small lots as well as the costs associated with such infrastructure construction. Further, two (2) acre lots do not present a positive situation for the Town's Planning & Zoning Commission and Board because these boards cannot easily review a project's inclusion into the Town with respect to the Town's Master Plans for water, wastewater, streets, trails, sidewalks, parks, open space and administration functions. Further, the properties in the Agricultural Rural Residential Reserve areas typically have sensitive drainage and topographical features that limit the inclusion into the Town's urban setting, since much of the land associated with a County subdivision must be preserved as jurisdictional wetlands, floodplain, slopes of greater than thirty (30) percent, irrigation ditches and the like. Occasionally, the interface between urban and rural land uses can present problems for both Town landowners and County landowners with regards to noise, traffic, agricultural activities, farm animals and dust, and for these reasons, the Town should be very careful in choosing parcels to annex, so as not to upset the balance between annexed and un -annexed land. 6 Town of Silt Comprehensive Plan Map Subject Parcel r Agricultural / Rural Residential Referral comments from the Town of Silt (See Exhibit 10) do not present specific objection to this ADU request at this location, however the letter does note disappointment with the amount of money the County transfers to the Town for road infrastructure. While the Town's concerns are understood, the policies and laws surrounding HUTF funding and road transfers are outside the scope of this application and is not reflected in the review criteria for this request. 3. Section 7-103: Compatibility The proposed use is located in a rural area outside the Town of Silt and is unlikely to significantly alter or impact the character of the area as the ADU is proposed to be located on the second floor of an existing garage. The areas surrounding the subject property are predominantly residential and agricultural in nature. It is understood that a portion of the property is used for agriculture (hay), which as a Right to Farm County, is a use by right within the Rural zone district. Further, comments from an adjacent property owner noted an alleged intent to plant hemp on the subject parcel is the future. It is worth noting that hemp is considered agriculture by the County and is similarly a use by right that does not require a County land use permit. 7 Several compatibility issues were noted by an adjacent property owner (See Exhibit 7). As noted previously, the property currently has a primary dwelling unit built and permitted in 1987, a two story garage (ADU is to be located on second level) that was built and permitted in March, 2017, an Accessory Solar Energy System that is understood to not require County permitting (15 feet or less off the ground, meets setbacks, and is rated at <15Kw), an agricultural production field, and a permitted Communication Facility (Resolution 2008-133 — See Exhibits 8 and 9). Based on Staff review, there are currently no compliance issues with the subject parcel. In addition, Section 3-402(B) of the LUDC allows for Multiple Principal Uses on a single lot so long as they meet applicable regulations within that use category. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADU is to be served by an existing well on the property. This well, Permit Number 79819-F, states that "The use of groundwater from this well is limited to ordinary household purposes inside one (1) single family dwelling, one (1) accessory dwelling unit (ADU), the irrigation of not more than 16,000 square feet of home gardens and lawns, and the watering of six (6) domestic animals." As a result of this language, it appears that the well is legally able to serve both the primary and accessory dwelling units. The application was referred to the Division of Water Resources, however no comments were received. Water quantity testing revealed that the well averaged 7 gallons per minute over the 4 hour pump test. The pump test, which was conducted on May 12, 2016 by Rays Well Done Pump Service, LLC, provided the following statement: "The well is adequate for a single family home and ADU. Well production may vary throughout the year." Comments received from the Garfield County designated engineer indicates the following (See Exhibit 4): "The well pump test did not include information on well recovery/recharge. The Applicant should provide additional information or opinion as to the impact of the well on the long term yield of the aquifer." As a result, while it looks like the well produces adequately to serve the single family dwelling unit and ADU, additional information is necessary regarding well recovery / recharge. Staff recommends a condition of approval that additional information be provided regarding well recovery / recharge. This information should be reviewed and accepted by the County designated engineer prior to issuance of the Land Use Change Permit. The water quality of the well met applicable EPA standards. As a result, the well appears to meet this LUDC standard. Comments received from the County designated engineer regarding water quality are as follows (See Exhibit 4): "There are high levels of secondary contaminants in the well water such as total dissolved solids, hardness, sulfate, etc. It is advised that the Owner contact a professional to determine if treatment is warranted." Since the water quality meets applicable minimum standards, Staff suggests a condition that recommends, but not require, the property owner contact a professional regarding water treatment for the identified secondary contaminants. 8 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant is proposing to utilize an existing Onsite Wastewater Treatment System (OWTS) for the proposed ADU. Through the demonstration of an approved septic permit issued by Garfield County and review by the County designated engineer, it appears that the existing 1250 gallon septic tank needs to be expanded to 1500 gallons to meet current standards. The County designated engineer provided the following comments regarding the sizing of the septic tank (See Exhibit 4): "Based on current Garfield County OWTS standards the septic tank should be a 1,500 gallon tank for 5 bedrooms (2 in the ADU and 3 in the residence)." Planning Staff further confirmed this calculation with the Building Department. As a result, Staff recommends a condition that the OVVTS tank be expanded to 1500 gallons to meet current standards. Installation of the tank expansion should be verified by obtaining a County OVVTS permit for the expanded tank. 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (See Exhibit 3). Dan Goin of Garfield County Road and Bridge indicated Road and Bridge has no concerns with the proposed ADU. b. The Applicant has stated that the driveway and private access roads meet the design standards found in Section 7-107 for Rural Access. c. Legal access for the private roadway to the property is demonstrated via an easement identified on an Amended Final Plat recorded at Reception Number 842062-1. d. A public comment letter was received from Sharon Fazzi and Paul and Connie Ritter, adjacent property owners (See Exhibit 6 and 7, respectively), related to traffic volumes on the private access road leading to the subject parcel. Based on the aforementioned review of the access drive, it appears that the access road meets the standards required by the LUDC regarding both physical dimensions and legal access for the anticipated Average Daily Trips (ADT). 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcel. 9. Section 7-109: Fire Protection The impact area within the subject parcel has been identified as being predominantly Not Rated with some areas having a High level of Wildfire Susceptibility in accordance with 9 Map 7 of the Community Wildfire Protection Plan. The parcel is located within the Colorado River Fire Protection District service area. The application was referred to the Colorado River Fire Protection District, however, no comments were received. As the wildfire hazard is not considered Very High, it is Staffs opinion that wildfire hazard in this area is within manageable levels. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The proposed development is above an existing garage on the subject property. It is not anticipated that the proposed development would adversely affect neighboring agricultural uses or agricultural uses on the subject parcel. 11. Section 7-202 Wildlife Habitat Areas As the ADU is proposed to be located above an existing garage, wildlife impacts are expected to be minimal and similar to those associated with a single family residence. As a result, no significant impact to wildlife habitat is expected. 12. Section 7-203 Protection of Waterbodies As represented, the garage where the ADU is to be located is more than the required 35 feet from an ordinary high water mark associated with a Waterbody as defined in the LUDC. As a result, this standard is satisfied and no excessive impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage from the property. As the driveways and structure are currently in place, no significant change to the topography or drainage from the property is expected. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. Impacts to water and air quality are expected to be minimal and similar to those associated with a single family residence. 15. Section 7-206 Wildfire Hazards The impact area of the subject property is identified as Not Rated with some locations identified as High according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. As a result and since no portion of the property is identified as being Very High, it is Staff's opinion that the wildfire hazard 10 in this area is within manageable levels. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal, if any, disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the structure to be designated as the ADU is existing. Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: It is Staff's opinion based on representations in the application and since the residential ADU is to be located above an existing garage that this residential use is generally compatible with surrounding residential and agricultural land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-304. 22. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards= 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. 11 Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area: As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet. Staff suggests a condition of approval that the ADU be limited to 3,000 square feet or less in size. 25. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 26. Compliance with Building Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County. 27. Minimum Lot Area: The Applicant has 8.977 acres and as a result the minimum lot area requirement of at least 2 acres in the Rural zone district is satisfied. 28. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU will comply with this standard. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the Self ADU application. Suggested Findings 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. 12 Suggested Conditions of Approval Conditions to be Satisfied Prior to Issuance of the Land Use Change Permit: 1. Based on current Garfield County Onsite Wastewater Treatment System (OWTS) standards the existing 1250 gallon septic tank shall be expanded to a 1,500 gallon tank for 5 bedrooms (2 in the ADU and 3 in the residence). Prior to issuance of the Land Use Change Permit, the applicant shall obtain a County OWTS permit to upgrade the system and complete all improvements. Demonstration that the County OWTS permit has been issued and the improvements have been completed shall be provided to and accepted by the Community Development Department. 2. The well pump test did not include information on well recovery/recharge. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional information or opinion as to the impact of the well on the long term yield of the aquifer. This documentation shall be provided and accepted by the Community Development Department and County designated engineer. Conditions of Approval: 3. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 4. 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. 5. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 6. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for establishment, modifications and/or expansions to the ADU structure. 7. 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. 8. 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. 9. There appear to be high levels of secondary contaminants in the well water such as total dissolved solids, hardness, sulfate, etc. It is advised that the Owner contact a professional to determine if treatment of these contaminants is warranted. 13 i 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. Mailed notice was completed on the /Z:, day of 6G1-- , 20/7 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. 1/ 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] %f r--1. 92- 4 L Fin 1 �'{ Irl �I ��� • Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. Notice was published on the day of Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. 20___. 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. I testify that theaboveinformation is true and accurate. 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Fel delivery information, visit our website at tvLvw.usps.com' SILT f, CO: 81152 r-1 • cr 1Caditiod Mall Fee 13.35 s a ices a nes 437,, loam. 0 Return RecelPIthairicoPyi . 0 Return Receipt (electronic) 0 Certified Mail ReelAutod Delivery $ _servo_ 0 Adult Signature/16;44nd itt-koty- , u aoji Sloninau Restricled Delivery IT" iPwlkla° 10 . 49 rsa U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at terenettrspn.com" SILT*, or 81.652 Oen/nod Fee 13.35 • " E Extra Skirvitns s reel icreAat inur add ilpoiSi 0 Retum Receipt (hordcopyl $ 0 Rohan Receipt (electronic) $ 0 Codified Mall Reelected Delivery $ 40.00 0 Adult Signature Required $ 1 Onaultakfardesaminstita Delivery $ Po0war) $ 10.49 otal binge and FOuti 13.34 0591 01 Postmark Here 1 0/16/2017 ,AfatOWL . • • .4 ,. xleAr 61)',57.11Z-2") PS Form 3800, Ante 2015 PON /530 0:; re7t.X,A7 See Reverse for Inol.ructiees U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only $ CI r'. nits gida zieti:46 13.84 0591 01 Postmark Here 10/16/2017 ........ .......... oR c5-2„ PS Form 3800, Apill 2015 P Ss 753,t o Oed Sere Reverse for Instructions David Pesnichak From: Dan Goin Sent: Thursday, October 19, 2017 3:17 PM To: David Pesnichak Subject: Self ADU David EXHIBIT i 3 This driveway has already been paved so it does meet code with no visibility issues and no drainage issues. So as far as Road and Bridge we see no issues. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 1 October 24, 2017 Mr. David Pesnichak Garfield County Planning 108 8`I' Street, Suite 401 Glenwood Springs, CO 81601 RE: Self Accessory Dwelling Unit: GAPA-09-17-8580 Dear David: MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT This office has performed a review of the documents provided for the Self Accessory Dwelling Unit Application. The submittal was found to be thorough and well organized. The review generated the following comments: 1. Based on current Garfield County OWTS standards the septic tank should be a 1,500 gallon tank for 5 bedrooms (2 in the ADU and 3 in the residence). 2. The well pump test did not include information on well recovery/recharge. The Applicant should provide additional information or opinion as to the impact of the well on the long term yield of the aquifer. 3. There are high levels of secondary contaminants in the well water such as total dissolved solids, hardness, sulfate, etc. It is advised that the Owner contact a professional to determine if treatment is warranted. Feel free to call if you have any questions or comments. Sincerely, Mountain foss Engineers g, Inc. t. -Is Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Stephen Self <stephen@willowwisp.net> Sent: Wednesday, October 25, 2017 11:55 AM To: David Pesnichak Subject: RE: Proof of Public Notice Attachments: Proof of Public Noticer 0003.pdf; Proof of Public Notice 0004.pdf Hi Dave, EXHIBIT My apology for not responding earlier. An update to Windows caused my computer to go down. I am back up now for the time being. Since Freddie Fazzi was not within the 200 ft of my boundary I used the mailing address listed on the 1500 Ft boundary listing instead of the physical address. Attached is the completed Public Hearing Notice Information form and the front and back of the Return Receipt Requested form. SENDER: COMPLE=TE ['MR SECTION +s Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can retum the card to you. is Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: ;cit, /1 AA< ZzQ-� (), IS 11T19110119114!1113!171121121711 1111111111111 8617 35 7017 0190 0000 4891 0744 PS Form 3811, July 2016 PSN 7530-02-000-9053 GQ,1f7PIEif 'THIS ni:C TION pN E>$L1Vt-n'✓ A. Slg¢ature x I. .AI- • J. B. Recei - by Printed N 9) rCI A D Agent 0 Addressee Q. Date of Delivery D. Is delivery address different frum item 1? 0 Yes If YES, enter delivery address berm, p No 3. Service Type Li Adult Signature C] Adult 3431/atom Rest lcted Delivery Certified Mall® Certirrrad Map Restricted Dettven, D Collect on Delivery lett on Delivery Postdated Delivery lured Mall aired Mali Restricted Delivery r error SSdo} 11 1 1 USPS TRACKING # ilii 11 11 1 11 11 9590 9402 3399 7227 8617 35 United States Postal Service 1 1 ❑ Priority Mail Exprasa Reg Estate(' Mail 0 Registered MaM Res dcied Dsth ry 0 Return Receipt for MerchanClse 0 Signature Coniirmatler ❑ Signature Canrrmallan Restricted Delivery Domestic Return Receipt First -Class Mail Postage & Fees Pald USPS Permit No. G-10 • Sender: Please print your name. address, and ZIP+4a in this box• STEPHEN SELF 1098 COUNTY ROAD 214 SILT CO 81652-9701 ..111.111111111.1111, .1.1....111111111.1i 11'11111,11111.1..1i David Pesnichak From: Fazzi, Sharon <sfazzi@grhd.org> Sent: Monday, October 30, 2017 7:48 AM To: David Pesnichak Subject: RE: Self ADU EXHIBIT i r0 When I was approached about this around a year ago it was only going to be a garage and then the ADU unit was going to be added for the intermittent use of their daughter Kim. I'm objecting to an ADU unit as a rental because the road to this property is about 20 feet from my house and sometimes Steve is not very conscientious about his rate of speed that he is driving on the road. When we moved there around 1971 this was a ranch and there was no road. I'm afraid that if they rent this property out there could possibly be a lot of additional traffic. So basically for intermittent use I don't have a problem but as a fulltime rental I do and that is only because of the traffic. Thank you Sharon Fazzi 1090 CR 214 Silt, CO 81652 1 OCTOBER 27, 2017 EXHIBIT 7 - I would like the Garfield County Director of Community Development to reject the application of Steven and Susanne Self for a ADU above their garage at 1098 214 County Road 214 Silt, CO 81652. Practical description 217903100006 for the following reasons: 1) Over the last 20 years I had to give them access through my driveway on my property. 2) They have allowed a Communication Company to place a 45 foot tower with a building and fence. 3)They have built a large two large solar panels approx 8 by 15 off the ground. 4)They have built a large two story barn that! have to look down on. 5)They now are going to kill their beautiful hay field and plant hemp. Who knows what that will bring. 6)1 know by asking, they will eventually rent the ADU causing more ware on my drive way and my quality of life. 7)They also run a custom haying business from above mentioned property. When is enough, enough? NOV 0 1 7017 ■IfI1��f�rlL'Y�Ii�t��� i�tY►it' 7HW/1011iAU 11111 Renap4Jontt; 758235 12llf/20p$ 61:19:455 P1 Jeer, Plbarico 7 of f Fen Feq:$ QQ DPn Fee:0.00 G4RFWLb COUNTY CO a SPECIAL USE PERMIT for Stephen and Susanne Self (Parcel ID: 2179-031-00-006) EXHIBIT In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 -133 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Communication Facility The Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD : WY BOARD OF COMMI GARFIELD COUNTY, +s O ONERS, COLO Cha of the Board 1111! NA I se Pell Ilia MIKk'P i NI III Receptiont: 759488 12/02/2808 01 81:18 Pm Jean Alberioo 1 of 3 RIO Fee:$0.J0 poo Fee:O.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) EXHIBIT 9 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 3`i day of November A.D. 2008, there were present: John Martin , Commissioner Chairman Larry McCown Commissioner Tr:ssi Haupt Commissioner Deborah Quinn , Assistant County Attorney Marian Claytonffr Jean Albedo , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-133 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FORA "COMMUNICATION FACILITY" ON A PARCEL OF LAND OWNED BY STEPHEN AND SUSANNE SELF LOCATED NORTH OF THE TOWN OF SILT, GARFIELD COUNTY PARCEL NO# 2179-031-00-006 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for a "Communication Facility" to be located north of the Town of Silt within a property owned by Stephen and Susanne Self, Garfield County. 13. The subject property is zoned Agricultural Residential Rural Density (A/R/RD) where such use is permitted as a Special Use. C. The Board of County Commissioners opened a public hearing on the 3'd day ofNovember, 2008 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP. D. The Board of County Commissioners closed the public hearing on the 3'd day of November, 2008 to make a final decision. •1Mit11 13/ri4Fh. i01r iiz?tip 11111 ReceptIon4: 7$9468 12102/2088 01.31•IS PIS Jean alber,co 2 of 3 Rec F/+' 6.66 Doc Foe:0.00 GARFIELD COUNTY CO E. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: I. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, ,that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5.03 and 9.03) of the Garfield County Zoning Resolution of 1978, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Special Use Permit for a "Communication Facility" located at 1098 County Road 214 north of the Town of Silt and within a property owned by Stephen and Susanne Self, Garfield County is hereby approved subject to compliance with the following conditions: 1. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2, The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility. 3. The co -location of telecommunication facilities on one site is encouraged and the denial of a landowner/lessor of the co -location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co -locating such facilities. 2 1111110101111141A101 11111 Receplicn0: 7594e$ 12/02/2008 01;31 PTV Jean rico 3 01 3 Ric Fee -10.30 poo Fee:O.0.0 CGRFIE4D COUNTY CO 4. All cables associated with the antenna structures and buildings must be buried a minimum of 18 inches. 5. A site plan shall be submitted, prior to issuance of the Special Use Permit, showing the exact footprint of ail facilities and locations at the site. Dated this ! S day of 110.,e.4.v.— k r -t, A.D. 200 Cr . ATTEST: GARFIELD OUNTY BOARD OF COMMISS • NE S, GARFIELD COUNTY, LO Chaim Upon motion duly made and seconded the fore solution was adopted by the following vote: COMMISSIONER CIIAIR JOHN F. MARTIN , Aye COMMISSIONER LA.RRY L. MCCOWN , Aye COMMISSIONER TRESI HODIT , Aye STATE OF COLORADO )ss County of Garfield County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 J 231 N. 7th Street, P.O. Box 70, Silt, Colorado 81652 (970) 876-2353 Office (970) 876-2 November 1, 2017 Garfield County Community Development Attn: Mr. David Pesnichak, AICP 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 Re: Referral for Stephen and Suzanne Self Accessory Dwelling Unit Dear Mr. Pesnichak: EXHIBIT � � L On October 11, 2017, the Town of Silt staffreviewed the Self Accessory Dwelling Unit, as Garfield County did not allow for an extension for the Town of Silt Planning & Zoning Commission to review at its regularly scheduled meeting on November 7, 2017. The Town understands from the application that Stephen and Suzanne Self wish to construct an accessory dwelling unit on the second story of a detached garage on their 8.98 acre property located at 1098 County Road 214, also known as Parcel 1 of the Antlers Orchard Subdivision, as shown on the Amended Plat recorded as Reception # 842062. The applicants wish to utilize the existing domestic well and septic system that is currently used for the existing home. The applicants plan to use the Silt 1-70 interchange, the roundabout, Main Street, and 7th Street (if not other streets in Town), prior to utilization of County Road 214 (extension of 7th Street) adjacent to the subject property. Although the Town would prefer the applicants connect to the Town's wastewater collection system, it does appear to be cost -prohibitive, as the distance from the proposed ADU is further than four hundred feet from the nearest Town wastewater main. The Town is, however, concerned with Garfield County traffic that is generated from residential and commercial development, and subsequently affects Town streets. In this case, 7th Street is a very heavily traveled Garfield County route, as is Main Street and the Interstate -70 interchange. While the Town does not own the interchange, CDOT has indicated that the overpass is not to code and will be in need of serious repair/replacement in the near future. The Town, with just over 3,000 residents, simply cannot fund this repair/replacement on its own, as Garfield County has been a major contributor of traffic impact. Prior to this year, Garfield County shared HUTF monies in excess of $40,000 annually. However, of late, Garfield County has offered a little over $19,000 to the Town (2017, 2018), which has severely impacted the way that the Town of Silt can maintain those streets that Garfield County developments impact greatly. The Town would like to take this opportunity to again sound the alarm for a concerted coordination between Garfield County and the Town of Silt, with regards to traffic 231 N. 7th Street, P.O. Box 70, Silt, Colorado 81652 (970) 876-2353 Office (970) 876-2937 Fax impact and the repair/replacement of those streets, traffic intersections, and the interchange. Thank you for your consideration. Sincerely, Janet Aluise, Community Development Director CC: Planning & Zoning Commission; file