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HomeMy WebLinkAbout3.0 Director's Determination 07.27.2017CO/r PC 7ir'G/ ri/(O// 7 IC Garfield County July 27, 2017 Jena Skinner, AICP PO Box 116 Minturn, CO 81645 DIRECTOR DETERMINATION - Administrative Review Land Use Change Permit — Daniels — Accessory Dwelling Unit — Quicksilver Court Lot 4, 5, 6, and 7 - Garfield County File Number GAPA-05-17-8536, GAPA-05-17-8537, GAPA-05-17-8538, and GAPA-05-17-8539 Dear Mr. Skinner; This letter is being provided to you as the authorized representative in regard to 4 General Administrative Review Applications for an Accessory Dwelling Units on Quicksilver Court Lot 4, 5, 6, and 7. The properties are located approximately 4 miles southwest of the Rifle Airport within Quicksilver Court Subdivision with access off private roadways and County Road 319 and also known by Assessor's Parcel No. 217722301004 (Lot 4), 217722301005 (Lot 5), 217722301006 (Lot 6), and 217722301007 (Lot 7). The Director's Determination on the Applications is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. 1 A Director's Decision is hereby issued approving the Applications with the following conditions. Conditions Prior to Issuance of the Land Use Change Permit: 1. Prior to issuance of the Land Use Change Permit, a 4 -hour pump test shall be conducted for Shared Well 2 (Permit No. 67565-F — Daniels Well No. 2). This pump test shall be done in compliance with Section 4- 203(M)(1)(b)(5)(a) of the LUDC. The results of this test shall be submitted for review and acceptance to the Community Development Department and County designated engineer. 2. Prior to issuance of the Land Use Change Permit, a water quality test shall be conducted on both Shared Well 2 (Permit No. 67565-F — Daniels Well `, No. 2) and by Shared Well 3 (Permit No. 67566-F — Daniels Well No. 1). v,4 '-t " This quality test shall be for contaminants listed in Section 4- �- ''G 203(M)(1)(b)(5)(c) of the LUDC. These results shall then be reviewed and 01 Loot- xpr .(,Jaccepted by the County designated engineer and Community Development A 11 .311.wDepartment. Should the results not meet recognized drinking water `�0,1"e ° rrf'standards, then water treatment system(s) may be necessary. As the ADUs 4- 4 a�� f' and water systems have not yet been developed on Lots 4-7, at the time of 14u; l building permit the property owner shall submit the water quality test results conducted for this condition of approval along with any necessary water treatment system(s) required to meet EPA drinking water standards. 3. The Applicant shall meet with Colorado River Fire Rescue to either review the existing maintenance plan for the pond or implement a new maintenance plan that is satisfactory to the District. The Applicant shall also conduct any immediate cleaning or other maintenance of the Pond as require by the District. A letter from the Fire Protection District indicating that the existing or new maintenance plans are adequate and that any necessary immediate maintenance has been conducted shall be provided and accepted by the Community Development Department prior to issuance of the Land Use Change Permit. Conditions of Approval: 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. 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. 2 6. The Floor Area for the Accessory Dwelling Unit shall not exceed 1500 square feet. 7. The ADU shall be subject to all Garfield County Building Code and Onsite Wastewater Treatment System (OWTS) requirements. The property owner shall obtain any necessary Garfield County Building Permits and OWTS Permits for the ADU. 8. 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. 9. 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. 10. The ADU shall have a separate entrance from the primary dwelling unit. 11.At the time of building permit for the ADU the property owner shall submit the water quality test results for the well serving the subject lot and conducted for this Permit along with any necessary water treatment system(s) required to be installed in order to meet EPA drinking water standards. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. According to the Land Use and Development Code, Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner." Should this time period pass with no request for review or public hearing, the decision shall be final. Please contact this department if you have any questions. Sincerely, Shower, AICP Dir ctor of Community Development Department C 1 : Board of County Commissioners file 3