HomeMy WebLinkAbout3.0 DD Staff Report 12.01.2017Directors Determination — Staff Report Exhibits
Biggs ADU
Administrative Review
Applicant is Daniel and Connie Biggs
December 1, 2017
(File GAPA-09-17-8581)
Exhibit
Number
Exhibit Description
1
2
3
4
5
Public Hearing Notice Information Form
Mail Receipts
Garfield County's Land Use and Development Code of 2013, as
Amended
Garfield County Comprehensive Plan of 2030
Referral Comments, Mountain Cross Engineering, Chris Hale, Dated
November 17, 2017
Referral Comments, Division of Water Resources, Justina Mickelson,
Dated November 7, 2017
Referral Comments, Garfield County Vegetation Manager, Steve
Anthony, Dated November 13, 2017
Referral Comments, Garfield County Environmental Health, Morgan
Hill, Dated November 27, 2017
10
Referral Comments, Garfield County Road and Bridge, Dan Goin,
Dated November 27, 2017
Referral Comments, Colorado River Fire Rescue, Orrin Moon, Dated
November 27, 2017
11
Water Quality Test Review, Mountain Cross Engineering, Chris Hale,
Dated November 27, 2017
12
Staff Report
EXHIBIT
411:: 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.
11 My application required written/mailed notice to adjacent property owners and mineral
ji.t4iff
ow
iled notice was completed on the / ` day of , 20 7
II owners of record within a 200 foot radius of the subject parcel were identified as
own in the Clerk and Recorder's office at least 15 calendar days prior to sending
o , e.
I 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.
❑ 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.
Notice was posted on the day of
, 20 .
20_.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
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November 17, 2017
Mr. Patrick Waller
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 Biggs Accessory Dwelling Unit: GAPA-09-17-8581
Dear Patrick:
This office has performed a review of the documents provided for the Biggs Accessory Dwelling
Unit Application. The submittal was found to be thorough and well organized. The review
generated the following comments:
1. The Applicant should build the finished floor elevation of the ADU 18" minimum above the
adjacent floodplain elevation.
2. The OWTS for the ADU will be in an area that is indicated as high ground water. This will
require that an OWTS be designed by an engineer.
3. The Applicant will need to provide results from a well pump test and water quality test.
Feel free to call if you have any questions or comments.
Sincerely,
Mo.untain Cross Engineers
0
),/u �,
C iris Hale, PE
g,
8261/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
COLORADO
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
MEMORANDUM
Permit No. 299262 Rec No. 9504023
Date: November 7, 2017
To: Patrick Waller, Garfield County, Community Development Department
From: Justina P. Mickelson, Physical Science Researcher/Scientist
Re: Biggs ADU; GAPA-09-17-8581
We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of
approximately 36.3 acres in size, located in part of the SW 1/4 of the SE 1/4 Section 13
Township 6 South, Range 92 West of the 6th P.M., at 3385 County Road 311, New Castle. The
applicant is proposing to construct an Accessory Dwelling Unit, which is described as a
separate manufactured home. The property currently has an existing single family residence,
access road and utilities in place. The proposed location of the manufactured home is east of
and in the vicinity of the existing home. The applicant does not propose to create a new lot or
change the size of the existing lot. The current water supply to the lot is provided by a well,
currently permitted under Permit No. 299262, which the applicant has indicated would be
shared between the single family dwelling and the proposed ADU. A new onsite wastewater
treatment system would serve the ADU.
According to our records, Well Permit No. 299262 issued on October 23, 2015 as the only well
on a tract of land of 36.3 acres described as that portion of the SW % of the SE 1/4, Section 13,
Township 6 South, Range 92 West of the 6th P.M. The use of groundwater from the well is
limited to ordinary household purposes inside up to 3 single family dwellings, the watering of
poultry, domestic animals and livestock on a farm or ranch, and the irrigation of 1 acre of home
gardens and lawns. The pumping rate of this well shall not exceed 15 gpm. The well was
constructed on December 14, 2015 and the current permit is valid.
The applicant's proposal indicates that the well currently serves a single family residence. The
proposed 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, in particular no more than three single family dwellings, this office has no objection to the
well also serving the proposed 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 F 303.866.3589 www.water.state.co.us
E: Garfield Coun
November 13, 2017
Patrick Waller
Garfield County Community Development Department
RE: Biggs ADU GAPA-09-17-8581
Dear Patrick,
Thank you for the opportunity to comment on this permit.
Noxious weeds map & inventory
Vegetation Management
Vegetation Management
Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds.
Russian -olive, tamarisk, and Russian knapweed may be found in the area.
The current list is attached.
Weed management plan
Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site.
Staff is available to assist with the inventory.
Please let me know if you have any questions.
Steve Anthony
Garfield County Vegetation Manager
195 W. 14th Street, Bldg. 0, Suite 310
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456
GARFIELD COUNTY NOXIOUS WEED LIST Adopted by Board of County
Commissioners — February 16, 2016
Cot man name
Absinth wormwood
Black henbane
Bouncing bet
Bull thistle
Canada thistle
Chicory
Chinese clematis
Common burdock
Common tansy
Common teasel
Corn chamomile
Curly dock
Cutleaf teasel
Cypress spurge
Dalmatian toadflax
Dame's rocket
Diffuse knapweed
Hoary cress
Houndstongue
Jointed goatgrass
Leafy spurge
Mayweed chamomile
Meadow knapweed
Mediterranean sage
Musk thistle
Myrtle spurge
Oxeye daisy
Perennial pepperweed
Plumeless thistle
Poison hemlock
Purple loosestrife
Russian knapweed
Russian -olive
Saltcedar
Saltcedar
Scentless chamomile
Scotch thistle
Spotted knapweed
Sulfur cinquefoil
Yellow starthistle
Yellow toadflax
Scientific Name
Artemsia absinthium
Hyoscyamus niger
Saponaria officinalis
Cirsium vulgare
Cirsium arvense
Cichorium intybus
Clematis orientalis
Arctium minus
Tanacetum vulgare
Dipascus fullonum
Anthemis arvensis
Rumex crispus
Dipsacus lacinatus
Euphorbia cyparissias
Linaria dalmatica
Hesperis matronalis
Centaurea diffusa
Cardaria draba
Cynoglossum ofcinale
Aegilops cylindrica
Euphorbia esula
Anthemis cotula
Centaurea pratensis
Salvia aethopsis
Carduus nutans
Euphorbia myrsinites
Leucantheum vulgare
Lepidium latifolium
Carduus acanthoides
Conium maculatum
Lythrum salicaria
Acroptilon repens
Elaeagnus angustifolia
Tamarix parviflora
Tamarix ramosissima
Tripleurospernum perforatum
Onopordum acanthium
Centaurea stoebe
Potentilla recta
Centaurea solstitalis
Linaria vulgaris
Colorado
Designniilion
B
B
B
B
B
C
B
C
B
B
B
Not listed
B
B
B
B
B
B
B
B
B
B
A
A
B
A
B
B
B
C
A
B
B
B
B
B
B
B
B
A
B
Garfield County
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Patrick Waller
Public Health
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
November 27, 2017
Hello Patrick,
I've reviewed the application for the Biggs accessory dwelling unit and have a few comments:
Onsite Wastewater Treatment System: The new system appears to meet the minimum
setbacks from the drinking water well, current OWTS, and adjacent waterways. It should
be designed according to Garfield County code.
Drinking water: A treatment system should be installed to address the concerns
identified in the water quality test analyzed at the Colorado Department of Public Health
and Environment Lab Services Division, particularly the elevated lead levels
Radon: while not currently required by Garfield County's building code, it is
recommended that the proposed ADU be built using radon resistant new construction
(RRNC) standards. The home should be tested for radon after construction is complete,
and mitigation for radon is much easier if RRNC standards are used. Free radon test kits
are available at Garfield County Public Health offices.
Please feel free to contact me with questions.
Thank you,
MLC
Morgan Hill
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield County Public Health Department — working to promote health and prevent disease
Patrick Waller
From: Dan Goin
Sent: Monday, November 27, 2017 1:21 PM
To: Patrick Waller
Cc: Dale Stephens; Michael Prehm
Subject: Biggs ADU
Patrick
EXHIBIT
q
1
This regarding the Biggs ADU File# GAPA-09-17-8581 this driveway is accessed off of CR 311 but the original driveway
permit was pulled in October 2015 and meets all the current requirements so they do not need one and are good to
move forward per Road and Bridge.
Dan Goin
District 3 Foreman
Garfield County Road and Bridge
0298 CR 333A, Rifle CO 81650
970-625-8601
1
Colorado River Fire Rescue
EXHIBIT
J o7
Patrick Waller
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Biggs ADU
November 27, 2017
Patrick:
This letter is to advise you that I have reviewed File Number: GAPA-09-17-
8581, Biggs ADU request located at 3385 CR 311 in New Castle, CO.
The only requirement to this proposed ADU is that the new ADU have a separate
address from the main residence to aid emergency response.
I agree with the applicant as to wildfire concerns, the lack of trees and vegetation
in the area of the new proposed ADU is low in the building area. I have no
concerns with wildfires affecting the existing home and new proposed ADU.
I have no further requirements or concerns with this proposed ADU and existing
single family dwelling on this property. This addition to the property will not add
any impacts to CRFR or our response to that area.
Thank you for allowing me to review this referral and please feel free to contact
me with any questions or concerns.
Thank You,
Orrin D. Moon, Prevention Division Chief/Fire Marshal
CRFR.
r
EXHIBIT
1 it
Patrick Waller
From: Chris Hale <chris@mountaincross-eng.com>
Sent: Monday, November 27, 2017 10:10 AM
To: Patrick Waller
Subject: Biggs Water Quality
Patrick:
I have reviewed the water quality test results. The water has a few issues with some contaminants. The Applicant
should consult with a professional to determine treatment options.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826 1/2 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
From: Patrick Waller [mailto:pwaller@garfield-county.com]
Sent: Wednesday, November 22, 2017 3:40 PM
To: Chris Hale <chris@mountaincross-eng.com>
Subject: FW: ALPHA/BETA REPORT
Hi Chris,
Sending this your way, it is part of the Biggs ADU application. A second email will follow. Hopefully you are out and don't
see this until Monday!
Have a happy Thanksgiving,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwaller@garfield-county.com
http://www.garfield-countv.comicommunitv-developrnent/
From: Daniel Biggs [mailto:danielebiggs@me.com]
Sent: Wednesday, November 22, 2017 3:32 PM
To: Patrick Waller <pwaller@garfield-county.com>
Subject: Fwd: ALPHA/BETA REPORT
1
I know you know this but these water tests are expensive.
We asked for a deferment of the required water test subsequent to receiving the Notice to Correct knowing that
the results could take some time. We have them back now so submit them here. This is one of two emails with
the water test results asked of us in the NTC.
Hope all is going well. Also, to the degree you can, keep us informed of any concerns you might hear from our
neighbors.
We also received the receipt returned from the notice sent to mineral rights owner.
Hope you have a very happy Thanksgiving.
Daniel Biggs
970-948-4228
Begin forwarded message:
From: aquatecsystemsinc@rofnet
Date: November 22, 2017 at 1:19:27 PM MST
To: danielebiggs@mac.com
Subject: ALPHA/BETA REPORT
AQUA TEC SYSTEMS INC
P.O. BOX 488
GLENWOOD SPRINGS, CO 81602
(970) 984-0311
Daniel, Here is the final report from the water samples we took in October.
Have a Happy Thanksgiving.
Lisa
2
Biggs ADU
PA -09-17-8581
cember 1, 2017
PW
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
Administrative Review — Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
APPLICANT (OWNER) Daniel and Connie Biggs
LOCATION
The property is located approximately
1.75 miles south east of the Town of New
Silt with access off County Road 311
ACRES Approximately 36.3 acres
ZONING Rural
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 36.3 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 Medium/High Density (2-6 acres/dwelling unit). Access to the site is an
existing driveway from County Road 311. The site has adequate areas for off-street
parking and snow storage for the proposed ADU and other existing uses on the property.
Proposed utilities to the ADU include shared well water, a new Onsite Wastewater
Treatment System, and a new spur off of an existing driveway. Legal and adequate water
and access have been demonstrated to serve the units on the property.
II. DESCRIPTION OF THE SITE
The site is currently developed with one single-family residence. While topography on
the site varies significantly, the proposed development area for the proposed ADU is
located on a relatively flat location. Vegetation in the proposed development area is
mainly grasses, with no trees located on the flat bench. Divide Creek splits the parcel
and there is flood plain located on the property. Uses near the parcel include rural
residential and agricultural.
Vicinity Map
County
Road 311
Subject
Parcel
Aerial View of the Proposed Buildin • Area
2
Cn
III. WAIVER REQUESTS FROM STANDARDS
The Applicant has requested a waiver from the Landscaping Plan, Development
Agreement, and Improvement Agreements Submittal Requirements. Staff is supportive
of these waiver requests.
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 waivers from submittal requirements. These
waiver requests are from submittal requirements and include landscaping plans,
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
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. 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:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering
(Exhibit 5): Mr. Hale noted that the applicant should build the finished floor elevation of
the ADU 18" minimum above the floodplain, the OWTS is required to be designed by an
engineer, and that the applicant will need to provide results from a well pump test and
water quality test.
B. Division of Water Resources, Justina Mickelson (Exhibit 6): As long as the water
usage did not exceed those allowed under the permit, there is no objection to the well
serving the proposed ADU.
C. Garfield County Vegetation Manager, Steve Anthony (Exhibit 7): Asked that the
applicant provide a noxious weed map and inventory. Also requested that the applicant
4
provide a weed management plan to address the treatment of any inventoried noxious
weeds found on the site.
D. Garfield County Environmental Health, Morgan Hill (Exhibit 8): Onsite Wastewater
Treatment System needs to be designed according to Garfield County Code. A treatment
system should be installed to address the concerns from the water quality test. It is
recommended that the proposed ADU be built using radon resistant construction
standards.
E. Garfield County Road and Bridge, Dan Goin (Exhibit 9): The driveway permit was
pulled in 2015 and meets all the current requirements
F. Colorado River Fire Rescue, Orrin Moon (Exhibit 10): The ADU needs to have a
separate address from the main residence to aid emergency response.
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. The property currently has one dwelling unit on the
property. The proposed ADU will be the second permitted dwelling unit on the property.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs
The County Comprehensive Plan identifies the property as Residential Medium High
Density (2-6 acres per dwelling unit). As the property is 36.3 acres, the residential density
identified within the Comprehensive Plan would be satisfied including the ADU.
3. Section 7-103: Compatibility
The proposed use is located in a rural area and is unlikely to significantly alter or impact
the character of the area. The areas surrounding the subject property are predominantly
residential and agricultural in nature.
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 (No. 299262). This well
provides for the use of ground water for up to three single-family dwellings. The permit
and application was reviewed by the Division of Water Resources (Exhibit 6). They
indicated no issues with the proposed ADU being served by the existing well.
The applicant has recently supplied the County with water quality testing that indicated
high levels of lead and other contaminants. This test was reviewed by the County
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designated engineer who indicated that the applicant will need to consult with a qualified
professional to determine possible treatment options (Exhibit 11). The applicant shall be
required to address the elevated lead levels as well as any other contaminants as a
suggested condition of approval. While the applicant did supply a pump test from 2015
for 2 hours, the Land Use and Development Code requires a pump test of four hours and
a demonstration that the well is adequate to meet the proposed use. Staff has included
the requirement that the applicant supply a pump test that meets Land Use and
Development Code standards as a condition of approval.
5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The Applicant is proposing to install a new Onsite Wastewater Treatment System (OWTS)
for the new ADU. The application was reviewed by the Garfield County designated
engineer who indicated that the system should be designed by an engineer as Garfield
County mapping indicated that the location is in an area of high ground water. This has
been included as a suggested condition of approval.
6. Section 7-106: Adequate Public Utilities
The applicant has represented that adequate public utilities exist at the property. It is
served by Holy Cross Electric.
7. Section 7-107: Access and Driveways
a. The application was referred to the Garfield County Road and Bridge
Department (See Exhibit 9). Dan Goin of Garfield County Road and Bridge
indicated Road and Bridge has no concerns with the proposed ADU. He indicated
that the driveway access onto the County Road meets all current requirements and
that they pulled a driveway permit in October 2015.
b. The property is served directly off of County Road 311.
c. The Applicant has stated that the existing driveway meets the design
standards found in Table 7-107. A suggested condition of approval has been
included that the new spur off of the existing driveway to access the ADU shall
meet the standards in Table 7-107 Roadway Standards for a Primitive Driveway.
8. Section 7-108: Natural Hazards
Slopes are identified as a natural hazard on the property, however they are located on
the other side of the creek from the proposed building location. A significant portion of the
lot is located in a FEMA mapped floodplain. The applicant has supplied a site plan
demonstrating that the ADU will be located outside of the floodplain. Review by the
County designated engineer has indicated that the applicant should provide a
demonstration that the finished flood elevation of the ADU is 18" minimum above the
adjacent floodplain elevation. This has been included as a suggested condition of
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approval.
Garfield County hazard mapping also indicated that the property is in a location of a high
water table. This issue has been addressed in staff analysis of Section 7-105 Adequate
Central Water Distribution and Wastewater Systems for this report.
Review by the Garfield County Environmental Health Department recommended that the
ADU be built using Radon Resistant Construction Standards. These construction
standards are not adopted in the Land Use and Development Code or the Building Code
so this has not been included as a suggested condition of approval. However, staff
recommends that the applicant follow Garfield County Environmental Health's
recommendation.
9. Section 7-109: Fire Protection
The application was referred to Colorado River Fire Rescue, the local fire department.
Their referral comments indicated that they had no issues with the proposal provided that
the ADU has a separate address from the existing single family residence in order to aid
in emergency service response time. This has been included as a suggested condition
of approval.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
The proposed development will be adjacent to an existing residential use and is not
expected to adversely impact agricultural uses. Based on the location of the development
along with representations by the Applicant, it is not anticipated that the proposed
development would adversely affect neighboring agricultural uses or agricultural uses on
the subject parcel.
A ditch was indicated on the property and the ditch company was included as a referral
agency. No comment was received from the ditch company and the ditch is located on
the other side of the creek from the proposed location of the ADU. No impact to the ditch
is anticipated because of the ADU.
11. Section 7-202 Wildlife Habitat Areas
The ADU is expected to have impacts on wildlife similar to a single family dwelling unit.
As a result, no significant impact to wildlife habitat is expected. The application was
referred to Parks and Wildlife, who did not comment on the application.
12. Section 7-203 Protection of Waterbodies
The applicant has indicated that the proposed ADU will be located approximately 100 feet
from the stream to the west and 50 feet from the south. As a result, this standard is
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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 around the proposed ADU. No comment on drainage was received from
the Garfield County designated engineer. Positive drainage around the new ADU
structure will be reviewed at the time of building permit.
14. Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
15. Section 7-206 Wildfire Hazards
The impact area of the subject property is identified as High according to the Wildland
Fire Susceptibility Index of the Community Wildfire Protection Plan. No slopes over 30%
and no fire chimneys are known to exist near the buildable area. There are significant
slopes on the site, however, they are located on the other side of Divide Creek. There is
no significant vegetation besides grass in the proposed building area. The application has
been reviewed by the local fire district, who indicated, "I agree with the applicant as to
wildfire concerns, the lack of trees and vegetation in the area of the new proposed ADU
is low in the building area. I have no concerns with wildfires affecting the existing home
and new proposed ADU. As a result, it is Staff's opinion that the wildfire hazard in this
area is within manageable levels.
16. Section 7-207 Natural and Geologic Hazards
See analysis of 7-108 for a discussion of natural hazards on the property.
17. Section 7-208 Reclamation
Minimal disturbance is anticipated as a result of the proposed ADU. The driveway is
almost entirely in place and the dwelling unit disturbance area is expected to be similar
to that of a single family dwelling unit. The applicant has indicated that any disruption to
surface areas will be restored to their natural or landscaped state.
Article 7, Division 3, Site Planning and Development Standards
18. Section 7-301 Compatible Design:
The ADU use is generally compatible with surrounding residential and agricultural land
uses.
19. Section 7-302 Off- Street Parking and Loading Standards:
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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 Land Use and Development Code 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.
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 36.3 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:
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The Applicant is proposing the ADU to be a separate building from the primary dwelling
unit. As a result, the ADU as it exists 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 Chapman 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.
Suggested Conditions of Approval
Conditions Prior to Issuance of the Land Use Change Permit:
1. Prior to the issuance of the Land Use Change Permit, a letter from a qualified
professional shall be supplied to the Community Development Department
detailing any required improvements that need to be completed to ensure the water
distribution system meets County water quality standards as detailed in Section 4-
203(M)(1)(b)(5)(c) of the Land Use and Development Code. Any identified
improvements shall be required at the time of building permit. Compliance with this
condition shall be reviewed and accepted by the Community Development
Department and the Garfield County designated engineer.
2. Prior to the issuance of the Land Use Change Permit, the applicant shall submit a
pump test that meets the standards in Section 4-203(M)(1)(b)(5)(a). A statement
from a qualified professional shall be submitted to Community Development that
states the well will be adequate to supply water for the proposed uses. The pump
test shall be reviewed and accepted by the Community Development Department
and the County designated engineer.
3. Prior to the issuance of the Land Use Change Permit, the applicant shall work with
Garfield County Vegetation Management to address issues from Steve Anthony's
November 13, 2017 referral comments (Exhibit 7). A demonstration of compliance
with this condition shall be provided by Garfield County Vegetation Management.
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Operational Conditions
4. All representations of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners or the Community Development Director.
5. 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.
6. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet.
7. The ADU shall be subject to all Garfield County Building Code Requirements. The
property owner shall obtain all necessary Garfield County Building Permits.
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. The property owner shall obtain a Garfield County Onsite Wastewater Treatment
System (OWTS) permit prior to installation of the system. The system shall be
engineered.
10.AII 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.
11. The new driveway access off of the existing driveway shall meet the Roadway
Standards as detailed in Table 7-107 of the Land Use and Development Code.
12. At time of building permit, the applicant shall provide a demonstration that the ADU
has been given a separate address from the existing single-family residence to aid
in emergency response.
13.At the time of building permit, the applicant shall supply a demonstration from a
qualified professional that the structure is located 18" above the adjacent
floodplain.
14. At the time of building permit the applicant shall supply a demonstration that any
required improvements to the well or water distribution system have been
completed to address identified water quality issues. These improvements will be
based on the analysis of a qualified professional supplied to Community
Development prior to the issuance of the Land Use Change Permit, or as that
analysis has been updated.
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