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Home My WebLink About2.0 Staff Report D.D. 06.01.18Directors Determination - Staff Report Exhibits Kreager ADU Administrative Review Applicant is Randal and Nancy Kreager June 1,2018 (File GAPA-O4-1 8-8638) Exhibit Number Exhibit Description 1 Public Hearinq Notice lnformation Form, Dated Mav 14,2O18 2 Mail Receipts 3 Referral Comments from the Colorado Division of Water Resources, Dated May 9, 2018 4 Referral Comments from Mike Prehm of Garfield County Road and Bridge, Dated May 7,2018 5 Referral Comments from Carbondale and Rural Fire Protection District, Dated May 1 1,2018 6 Referral Comments from the Mountain Cross Engineering, the County Designated Engineer, Dated May 25,2018 7 Letter from Danielle L. Van Arsdale, Dated May 31 ,2018I I 10 PROJECT INFORMATION AND STAFF COMMENTS Administrative Review Change Permit for Dwelling Unit (ADU) Kreager ADU GAPA-o4-18-8638 June 1,2018 DP Land Use an Accessory TYPE OF REVIEW APPLTCANT (OWNER) LOCATION Randal and Nancy Kreager The property is located approximately 5 miles northeast of the Town of Carbondale with access off private roadways and County Road 100. The address is TBD County Road 100, Carbondale, CO 81623 (Lot 3 of West Rimledge Subdivision). LEGAL DESCRIPTION Section: 24 Township: 7 Range: 88 Subdivision: WEST RIMLEDGE SUBDIVISION Lot: 3 known by Assessor's Parcel No. 2393-244-05-003. ACRES Approximately 1 0.06 acres ZONING Rural I. DESGRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 10.06 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 Density Residential (6 to <10 acres per dwelling unit). Access to the site is an existing driveway and private roadways from County Road 100. The site has adequate areas for off-street parking and snow storage for the proposed ADU. The proposed ADU is to be located within the building envelope identified within the West Rimledge Subdivision for Lot 3. A shared water well between Lot 3 and Lot 4 and a new 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 approximately 5 miles northeast of the Town of Carbondale. The property is accessed off a private access road from County Road 100. Uses within 1500 feet include primarily residences and agriculture. The property currently is vacant. The West Rimledge Subdivision approval identifies building envelopes for each of the parcels, including Lot 3. ln addition, the subdivision approval along with the approved Óodes, Covenants and Restrictions (CCRs) state that ADUs are permitted so long as it complies with the County Land Use and Development Code. Vicinity Map Subject Parcel CR IGß Tsi"¡n of Carbçnda1e Hwy 62 ..,5' -_*c_ / : 2 AerialView of ct Pro Access RoadSubject Property J West Rimledge Subdivision Plat þ, t". ta', r,:1 #irii itl r ;Hi:I iË{r i!irs*lÆir, *Fffi q+|4iü ü¡r" . , $lil '? 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I ër ,;tt;¡ åf1-"1 !1, :!í, d!¡¡¡;ï ¡iir rill Êi¡t ;råi rl,l z1 i1 HtËË iHÈ[ UH¡ ffiw :.1 t-_!t la ¡lii!! iiiilii; liQi rl!, I a lty T. qn ¡Íi' i, :! ¿tt¡ iïl :,? lr .ffiffiffii {il 3i¡ f:i¡&rrl rlß &trt 'rh:l!4 |ilü ffN I ^, t, I "t. t I ii :lëi 1tt.:iii trt .l ti9 f tt I llr " 1Å".,{ II{-t- ! *: :l i;it ri !ir It;¿tIlri rl{ ir; ! .,-ilii:rl¡:! ;t!il:ili:l lillir¡ii. rilii;i$i ;l;l| lt"il íii¡i lil¡ ! *¡ T'l lI ,t "-'t ¡ ått , ¡; îs¡!!l 1í fi'' :Tr_.: t "l 4 West Rim Subdivision Plat - Lot 3 and 4 Detail ¡¡I. 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. 5 Access Road '1t.057 ACRi.c 't ¿ ;'Jl ,nl 'l) ¿ ¡ Õ I' (_' I ¡ :å'ünÂi!¡À;E E¡gfMthr 3 j ¿--.f ! ! ÌYp. . i-- '-1.,-_,,' .t '! ¡llgnH(: '¡r€:t j:l:r 5Õ' !,\5RËs5. tÈ:iass,lfil,I1 ¡uD $FÁF{içE Building Envelope .tLrNÞ ti:gÀË rS. f54{7 l}r c.{F 9LÂÐ¿ilÒ ür sEi¡'fl¡'r.l'Ë ö9?.Jn' i 1 i 1.5 iç' acct 55 rÂ5lMEHf 4 9.645 .{iCRE5 +/* I I 1 cÂfiãor¡Þ^.Ê Filil lltsrRrc': nl:j¡{IrÊñGRL1i{û "?rTER:Å¡{k rÅlËt/9.!tr srÐE ÀGr7\ ir róJ {' LÌTP r{[]ct f tlukì RtgéÊ aÀF t.s. 45,14? lu ri¡a¿ N8B';5 4. ST'LTI îiJ4FÌ":R'üR¡IER F.3JNLi R¿ÈAI1 1.3 åS1¡7 ix iÂPpt.ÀcÊ gEc ?¡ rûLrH5 ¡Lü$üUH aÁFr.s ¡r 12+4 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. Submittalwaivers 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. One public comment has been received from Danielle L. Van Arsdale (Exhibit 7). Regarding public notice, Danielle L. Van Arsdale (Exhibit 7) noted that "The public notice circulated by Garfield County states that the ADU will be served by the well permitted under Permit No. 60536-F (see enclosed). However, the shared well designated to serve West Rimledge Subdivision Lots 3 and 4 (a.k.a. "Mike Well No. 3") is permitted under Well Permit No. 62753-F. This may create a notice issue requiring re-publication and renotification of the Kreager application." Section 4-101(EXs) states that "Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate subsequent action. ln all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing, and the location of the subject property, shall be strictly construed..." Since the error noted does not impact the timing of the notice or the specified time, date, and place of, in this case, the Directors Determination, it is Staff's opinion that notice meets the intent of the Code. 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 6): 1 . The well pump test that was provided was from 18 years ago. The Applicant should be advised that water levels, aquifer recharge, and well production is not necessarily constant over time. A new pump test might be 6 beneficial 2. The Applicant will need to provide results from water quality testing that meets the requirements of the LUDC. 3. The augmentation plan through Basalt Water Conservancy District is from 20 years ago and references a different well permit. The Applicant should provide verification that the water allotment contract is still valid and update the contract to reflect the new well permit. 4. The Applicant will need to provide a design and obtain a permit for an OWTS. Not enough evidence is submitted to determine if an OWTS is feasible. 5. The Applicant should address the design of the proposed driveway from the County Road to the ADU. The Applicant should provide design, grades, and dimensions that comply with the requirements of the LUDC. B. Garfield County Road and Bridge (Exhibit 4): Road and Bridge has no concerns with the request. C. Division of Water Resources (Exhibit 3): Noted that "as long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving the proposed ADU." D. Carbondale and Rural Fire Protection District (Exhibit 5): Noted that the ADU is proposed to be located in an area with high wildfire danger and that the subdivision covenants contain defensible space requirements. As a result, the District noted that they have no other issues with the proposal. E. Danielle L. Van Arsdale (Exhibit 7): Ms. Arnsdale submitted comments on behalf of Dee Blue, an adjacent property owner. lt is understood that Ms. Blue's concerns revolve around protecting her water rights for a spring on her property. The letter includes the following comments: 1. The public notice circulated by Garfield County states that the ADU will be served by the well permitted under Permit No. 60536-F (see enclosed). However, the shared well designated to serve West Rimledge Subdivision Lots 3 and 4 (a.k.a. "Mike Well No. 3") is permitted under Well Permit No. 62753-F. This may create a notice issue requiring re-publication and renotification of the Kreager application. 2. Well Permit No. 62753-F is currently held by West Rimledge Homeowners' Association. Basalt Water Conservancy District Water Allotment Contract No. 299 is currently held by Michael Hammes. The Well Sharing Agreement for Mike Well No 3 is signed by Mike Hammes, Lenore Hammes, and James N. Jensen. We 7 would like to see evidence that the Kreagers have a legal right to use Mike Well No. 3 and Water Allotment Contract No. 299. 3. Mike Well No. 3 is permitted for irrigation of not more than 3,000 square feet total of home gardens and lawns. We would like to see some assurances that the Kreager project will not cause this limit to be exceeded. Have the Kreagers submitted landscape design plans for Lot 3? 4. Mike Well No. 3 is permitted for a maximum pump rate of 15 g.p.m. and an average annual groundwater appropriation oÍ 1.73 acre-feet. We would like to see some assurances that the Kreager project will not cause these limits to be exceeded. We request a term and condition in any land use change permit issued by Garfield County requiring the Kreagers, in cooperation with the owner of West Rimledge Subdivision Lot 4, to make the well meter readings from Mike Well No. 3 available for inspection on a monthly and annual basis. VI. STAFF ANALYSIS Article 7, Division l: General Standards '1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is required to be located within the approved building envelope for Lot 3. Development within this envelope will be required to comply with the dimensional standards for the Rural zone district. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs The County Comprehensive Plan identifies the property as Residential Medium Density (6-10 acres per dwelling unit). While the property is under the minimum 6 acres per unit required for a primary and accessory dwelling unit (12 acres total), the development of the ADU does meet other goals and objectives regarding housing and economic development. To this end, it is Staff's opinion that the ADU is in general conformance with the goals and objectives of the Comprehensive Plan. 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 ADU is to be located within an approved residential subdivision. The areas surrounding the subject property are predominantly residentialand agricultural in nature. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADU is to be served by an existing shared well between Lots 3 and 4. This well, 8 Permit Number 62753-F, states that "The use of ground water from this well is limited to ordinary household purposes inside two single family dwelling and detached caretaker units, and the irrigation of not more than 3,000 square feet of home gardens and lawns." As a result of this language, it appears that the well is legally able to serve both the primary and accessory dwelling units on Lot 3. The application was referred to the Division of Water Resources who noted that "as long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving the proposed ADU." Comments were received from Danielle Van Arsdale indicating that (See Exhibit 7) "Mike Well No. 3 is permitted for irrigation of not more than 3,000 square feet total of home gardens and lawns. We would like to see some assurances that the Kreager project will not cause this limit to be exceeded. Have the Kreagers submitted landscape design plans for Lot 3?" Since the County does not require landscaping plans for ADU's nor does the County require a property to be landscaped, no landscaping plans were submitted. In addition, the County's water review is only to the extent of ensuring that the proposed use has legal and adequate water. While the Well Permit is issued by the Division of Water Resources, such enforcement of water use is the responsibility of the Division of Water Resources as it is a condition of their permit. As is noted by the County designated engineer (See Exhibit 6), "The augmentation plan through BasaltWater Conservancy District is from 20 years ago and references a different well permit. The Applicant should provide verification that the water allotment contract is still valid and update the contract to reflect the new well permit." ln addition, comments received by Danielle Van Arsdale indicate (See Exhibit 7) that the "Basalt Water Conservancy District Water Allotment Contract No. 299 is currently held by Michael Hammes. The Well Sharing Agreement for Mike Well No 3 is signed by Mike Hammes, Lenore Hammes, and James N. Jensen. We would like to see evidence that the Kreagers have a legal right to use Mike Well No. 3 and Water Allotment Contract No. 299." To this end, Staff recommends a condition of approval that the Applicant provide verification that the augmentation plan with Basalt Water Conservancy District is in good standing and provide an updated contract to reflect the correct well permit. A well sharing agreement is also in place for this shared well. This sharing agreement identifies the terms, rights, and responsibilities of each of the property owners regarding this well. This agreement appears to provide each lot the right to use the water for one primary and one accessory dwelling unit. lt is noted, however, that the agreement requires the well permit to be assigned to the West Rimledge Homeowner's Association "after closing of Lot 4 and after the Well Permit is re-issued." The well permit is currently in the name of HBZ, LLC. As a result, Staff recommends a condition of approval that well permit 62753-F be assigned to the homeowner's association as required in the Well Sharing Agreement recorded at Reception Number 570972 and executed October 13,2000. Water quantity testing revealed that the well averaged 20 gallons per minute over the 4 hour pump test. The pump test was conducted on September 21, 2000 by Samuelson Pump Co. Inc. Comments received from the County designated engineer noted that the 9 pump test is 18 years old and noted that water levels and aquifer recharge can change over time. Considering the high yield from the well, it is Staff's opinion that the pump test, although it is old, demonstrates adequate physical water availability for the two lots to be served. Regarding the water pump rate, comments were received from Danielle Van Arsdale (See Exhibit 7) stating that the "Mike Well No. 3 is permitted for a maximum pump rate of 15 g.p.m. and an average annual groundwater appropriation of 1 .73 acre-feet. We would like to see some assurances that the Kreager project will not cause these limits to be exceeded. We request a term and condition in any land use change permit issued by Garfield County requiring the Kreagers, in cooperation with the owner of West Rimledge Subdivision Lot 4, to make the well meter readings from Mike Well No. 3 available for inspection on a monthly and annual basis." As is noted previously, the County's review is limited to ensuring that the proposed use has adequate and legal water. Potential impacts to other water rights and enforcement of pumping rates is the purview of the Division of Water Resources. The Applicant has requested that water quality testing be completed as a condition of approval. Staff suggests a condition of approval that the property owner conduct a water quality test on the well in accordance with the LUDC prior to issuance of the Land Use Change Permit. 5. Section 7-105: Adequate CentralWater Distribution and Wastewater Systems The Applicant has indicated that a new Onsite Wastewater Treatment System (OWTS) is to be installed when the ADU is built. Comments from the County designated engineer (See Exhibit 6) state that "The Applicant will need to provide a design and obtain a permit for an OWTS. Not enough evidence is submitted to determine if an OWTS is feasible." Based on the size of the lot and the neighboring use of OWTS's, it is Staffs opinion that the analysis conducted as a part of the standard County OWTS permit process is sufficient to locate and install an appropriately sized OWTS for the ADU. Staff recommends a condition of approval that the Applicant obtain a septic permit from Garfield County for the system at the time of installation. 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist or can be provided to 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 4). Mike Prehm 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. c. The driveway from the subdivision road to the proposed ADU has not yet been 10 constructed. While the County designated engineer noted that a specific design has not been proposed for the new driveway, since the specific location of the ADU has not yet been determined, it is Staff's opinion that the design can be completed at the time of construction of the ADU. As a result, Staff recommends a condition of approval that this driveway be constructed to meet Section 7-107 when the ADU is built. 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcel 9. Section 7-109: Fire Protection The subject parcel has been identified as having a Very High level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. The parcel is located within the Carbondale and Rural Fire Protection District. Since the area where the ADU is to be located is identified as Very High, the LUDC does require that the roof be made out of a noncombustible material. As a result, Staff recommends a condition of approval that the roof of the ADU be made out of a non-combustible material. The application was also reviewed by the Carbondale Fire Protection District (See Exhibit 5). These comments note that while the property is in an area with high wildfire danger, defensible space requirements are specified within the subdivision covenants. As a result, the District did not note any issues with the proposal. Article 7, Division 2: General Resource Protection Standards 10. Section 7-20l Agricultural Lands The proposed development is within an approved subdivision designated for residential uses. lt 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 within an approved residential subdivision, 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 building envelope 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. 11 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. At the time of building permit, drainage away from the perimeter of the structure will be reviewed. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. lmpacts 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 Very High according to Map 7, Wildland Fire Susceptibility lndex 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 noted previously, since the property is designated Very High for wildfire susceptibility, Staff recommends a condition of approval that the roof of the ADU be made of a non-combustible material. The application was also reviewed by the Carbondale Fire Protection District (See Exhibit 5). These comments note that while the property is in an area with high wildfire danger, defensible space requirements are specified within the subdivision covenants. As a result, the District did not note any issues with the proposal. 16. Section 7-207 Natural and Geologic Hazards As noted in Section I of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Sectíon 7-208 Reclamation Minimal, if any, disturbance is anticipated as a result of the proposed ADU. The level of disturbance is expected to be similar to that of a single family dwelling unit and be less than 1 acre. 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 within an approved residential subdivision that this use is generally compatible with surrounding residential and agricultural land uses. t2 19. Section 7-302 Off- Street Parking and Loading Standards: Based on the size of the property, Staff does not foresee any issues related to off-street parking and loading. 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 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. 13 27. Minimum Lot Area: The Applicant has 10.06 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 Kreager 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 Gonditions of Approval Conditions to be Satisfied Prior to lssuance of the Land Use Change Permit: 1. The well permit identified as 62753-F shall be assigned to the homeowner's association as required in the Well Sharing Agreement recorded at Reception Number 570972 and executed October 13,2000. A copy of the reassigned well permit shall be reviewed and accepted by the Community Development Department prior to issuance of the Land Use Change Permit. 2. Prior to issuance of the Land Use Change Permit, the Applicant shall provide verification that the augmentation plan with Basalt Water Conservancy District is in good standing. In addition, the Applicant shall provide an updated contract with Basalt Water Conservancy District to reflect the current well permit serving Lot 3. This demonstration of good standing with the District as well as the updated contract, as appropriate, shall be reviewed and accepted by the Community Development Department. 14 3. Prior to issuance of the Land Use Change Permit, a water quality test shall be conducted on the Shared well identified as Mike Well 2 (Permit No. 62753-F). This quality test shall be for contaminants listed in Section 4-203(MX1)(b)(5)(c) of the LUDC. These results shall then be reviewed and accepted by the County designated engineer and Community Development Department. Should the results not meet recognized drinking water standards, then water treatment system(s) may be necessary. As the ADU has not yet been developed on Lot 3, at the time of 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. Conditions of Approval 4. All representation 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. 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 any necessary Garfield County Building Permits for establishment, modifications and/or expansions to the ADU structure. 8. All exterior lighting shall be downcast and shielded and comply with SectionT-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 of2013, as amended. 10. At the time of installation of the Onsite Wastewater Treatment System (OWTS), the property owner shall obtain an OWTS permit from Garfield County. 11. Since the area where the ADU is to be located is identified as having a Very High Wildfire Susceptibility, the roof shall be made out of a noncombustible material. 12.The driveway to the ADU shall be constructed to meet the applicable dimensional standards found within Section 7-107 of the Land Use and Development Code of 2013, as amended. 15 EXHIBIT Gøffield Coulnty PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of 20-. 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. 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] Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the daY of tr My application required Posting of Notice. Notice was posted on the daY of Name Signature: Date: Please attach proof of publication in the Rifle Citizen Telegram 20_. 20 I testify that the above information is true and accurate. Kate Schwerin Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 511412018 ?n1? 3UqE BBB0 5r8n ð55b7.()({7U1? 3Er+U 0u0u 5TåU g5Ir+7n1,73tlqit 0ttlr] 5Tð0 85?tÕctL{:.\¡¡tîxi,:la:vf'¡t^5F-+S-F¿àm_xl\ı=tabb¡ef,.ttÞC.J+r,:rl{*C{+rdnT¡-I&eeé5oa3!rT5Ioogatr50øEıvgIoq.?Ir-4ìÍ¡'Jt'=,{#(.cl,.o{+C.J-oFFñ\7t7,7 30qil Du0tl 55ðB gËBu*Fd*3*:ß-¿(3.,-Ê.'"ftt:-L'J'ì'l¡$'**(ì{fir-d+-'-4râ'ÛJ-Þ-tñDÜND>orrqf=âãã3 ¡6e¡j4gô oã;È-È-¡3ô?I (ı-p'Ê83*d3.gi:*Fëgãaa@eıaôÞq?eDtrE>orød)6-ê¡äPıã rgÐgôe =ıËs-Sã9doF.''-eqa7qE3dq,a7êoqqisr'ñ,='in3.ÈàgcÞToıts("1t{],:4#C¿l.{tcìffiþw$ffi.rSEl+,fntrtrn>ôrÂó 6åèÊo6 3ıq¡tsÈ8ã;Êrgâ3.äså$åatrTq3¡oôe.toËø6¡ı¡ôooc-q{J+{fùft¡=r*(¡J.a¡Jri'ÌloIto€oøo!,1rootv)T.o3(t@ó-o=,oq!ø-1ue{aoq7ooØooçooø-noøo-ÉoøoÀ)tar,Io3(ùcoooÞ=o6TØz{CNo@joooocoo Æt COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 MEMORANDUM Date: To: From Re: May 9, 2018 David Pesnichak, Garfield County, Community Development Department Justina P. Mickelson, Physical Science Researcher Scientist Kreager Accessory Dwelling Unit; GAPA-04-1 8-8638 We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of approximately 10.06 acres in size, described as lot 3 of the West Rimledge Subdivision, located in bart of the'5112 of the SW1i4 of Section 24, Township 7 South, Range 88 West of the 6th p.M., at TBD County Road 100, Carbondale. The property currently has an existing single family residence, access road and utilities in place. The applicant does not propose to create a new lot or change the size of the existing lot. The current water supply to the parcel is provided by a shared well and the applicant proposes a new onsite wastewater treatment system for the A-DU. According to the applicant's submittal, well permit no.62753-F (known as Mike Well#3) services the existing residence. According to the well permit file, Mike Well#3 is located on lot 4 of the West Rimledge Subdivision. According to our records, Well Permit No. 62753-F was issued on June 10, 2005 to use and existing well (Mike Well #3), located in the SW1/4 of the SE1/4 of Section 24, Township 7 South, Range 88 West of the 6th P.M. This well was constructed under permit no. 49666-F. The use of grouñdwater from the well is limited to ordinary household purposes inside two single family dwellings and two detached caretaker units, and the irrigation of not more than 3,000 squaie feet olhome gardens and lawns. The annual amount of ground water to be appropriated shall not exceed 1.73 acre-teet and the pumping rate of this well shall not exceed 15 gpm . The well was constructed on September 13, 1999 and pump installed August 26,2005. The current permit is valid for those uses listed above. As long as the uses of the well do not exceed those allowed under the permit, 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. EXHIBIT J 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.8ó6.3581 F 303.86ó.3589 www.water.state'co.us David Pesnichak From: Sent: to: Cc: Subject: Michael Prehm Monday, May 07, 2018 8:52 AM David Pesnichak Wyatt Keesbery; Dale Stephens; Rayjean Roman GAPA-O4-18-8638 Keager ADU David, Garfield County Road and Bridge have no concerns with this application. Thanks for the opportun¡ty to review Sincerely Mike Prehm Foreman Garfield County R&B (970) 62s-8601Office 1 David Pesnichak From: Sent: To: Bil I Gavette < gavette@carbondalefire.org > Friday, May 11, 20L8 9:33 AM David Pesnichak Kreager ADU (West Rimledge Subdivision Lot 3)Subject: David, I have reviewed the application for the proposed Kreager ADU. The site is in an area with high wildfire danger. Wildfire defensible space requirements are specified in the subdivision covenants. I have no other issues with the proposal. Thanks, BillGavette Deputy Chief Carbondale & Rural Fire Protection District www.ca rbonda lefire.org 970-963-249t Fms " Etis. aE¡icur 1 IITOUNT¡TTN EROSS ENGINEERING, INC. Givil and Environmontal Gonaulting and Derign }i4ay 25,2018 Mr. David Pesnichak Gar'field County Planning 108 8tl'Street, Suite 401 Glenwood Springs, CO 81601 RE: Kraeger Accessory Dwelling Unit: GAFPA-04-18-8638 Deal David: This office has performed a review of the documents prnvided for the lÕaeger ADU Application. The submittals were found to be thorough and well organized. The review generatedthe following comments: l. The well pump test that was provided was fi'om 18 years ago. The Applicant should be advised that watei levèls, aquifer recharge, and well production is not necessarily constant over time. A new pump test might be beneficial. 2. The Applicant will need to provide results fiom water quality testing that meets the requirements of the LUDC. 3. The augmentation plan tll'ough Basalt Water Conservancy Distlict is fi'om 20 years ago and references a different well permit. The Applicant should provide verification that the water allotment contmct is still valid and update the contract to rcflect the new well permit' 4. The Applicant will need to provide a design and obtain a permit fbr an OWTS. Not enough evidence is submitted to detertnine if an OWTS is feasible. 5. The Applicant should address the design of the proposed driveway fi'om the County Road to the AlU. The Applicant should provide design, grades, and dimensions that comply with the requirements of the LUDC. Feel free to call if you have any questions or comments. Sincerely, Crcss EXHIBIT ttllo0g Hale, PE 826 t/zGrand Avenue, Glenwood Sprittgs, CO 81601 P: 970.945.5544 F: 970.945.5558 www,mountaincross-eng.com EXHIBIT Ig 7WATERLAW" PATRTCKIMTLLERINOTO Danielle L. Van Arsdale associate vanarsCale @ waterlawcom rBply to Aspen ofics ASPEN; 1 97 Prospeclor Dr, Suite 2104 A Aspen, Cô 8t6tt ï 970.920.1030 F. 970.925.6847 BASALT Weterlav/ Fliverwalk 229 Midland Avenue Basall, CO 81621 T. 970.920.1030 F. 970.927.1030 DENVER: 999 18th sr. 30th Floor Denver, CO 80202 1 303.893.9700 F.303.893.7900 TULSA: 7633 E.63rd Pl. Suite 300-18 Tulsa, OK 74133 T' 800.282.5458 F S70.S27.1030 SCOTTSDALE: 16427 N. Scottsdale Rd. Suite 410 scottsdale. Az 85254 T, 800.282.958 F. 970.927.1030 wwvJ.wâterlaw.com May 31,2018 David Pesnichak, Senior Planner Planning Division, Community Development Department Garfield County Via email: Dpesnichak@,sarfield-county.com RE: GAPA-04-18-8638; Application of Randall & Nancy Kreager (ourfile # 7B) Dear Mr. Pesnichak: On behalf of Dee Blue, we have reviewed Randall and Nancy Kreager's application for a land use change permit to allow for an ADU on West Rimledge Subdivision Lot 3. Ms. Blue owns Garfìeld County Parcel Nos. 2393-254-00-265 and 2393-250-00- 4l2located to the immediate southwest of Lot 3. On Ms. Blue's properties sit Blue Spring, originally decreed in Case No. W-923, Division 5 Water Court, and Blue Well, originally decreed in Case No. 82CW44, Division 5 Water Court (Well Permit No. 54211-F). The Blue Spring and Well provide critical water supply to Ms. Blue's properties for domestic and other benefrcial purposes. Ms. Blue's primary concern is ensuring that any new construction on Lot 3 does not deplete the aquifer from which her spring and well draw and injure her water rights. As such, we have the following comments on the Kreager application: The public notice circulated by Garfield County states that the ADU will be served by the well permitted under Permit No. 60536-F (see enclosed). However, the shared well designated to serve West Rimledge Subdivision Lots 3 and 4 (a.k.a. "Mike Well No. 3") is permitted under Well Permit No. 62753-F. This may create a notice issue requiring re-publication and re- notification of the Kreager application. Well Permit No. 62753-F is currently held by West Rimledge Homeowners' Association. Basalt Water Conservancy District Water Allotment Contract No. 299 is currently held by Michael Hammes. The Well Sharing Agreement for Mike Well No 3 is signed by Mike Hammes, Lenore Hammes, and James N. Jensen. We would like to see evidence that the Kreagers have a legal right to use Mike Well No. 3 and Water Allotment Contract No. 299. Mike Well No. 3 is permitted for inigation of not more than 3,000 square feet total of home gardens and lawns. We would like to see some assurances that the Kreager project will not cause this limit to be exceeded. Have the Kreagers submitted landscape design plans for Lot 3? 1 2. J Proless¡onal Corp. WATERLAW p¡'rrìrcK i Mn.r-EI{ r NC)ro David Pesnichak May 31,2018 Page 2 4. Mike Well No. 3 is permitted for a maximum pump rate of 15 g.p.m. and an average annual groundwater appropriation of 1.73 aue-feet. We would like to see some assurances that the Kreager project will not cause these limits to be exceeded. We request a term and condition in any land use change permit issued by Garfield County requiring the Kreagers, in cooperation with the owner of West Rimledge Subdivision Lot 4, to make the well meter readings from Mike Well No. 3 available for inspection on a monthly and annual basis. Thank you very much for your time and attention to this maffer. If you have any questions, please contact Scott Miller or me at our law firm Very truly yours, Patrick I Miller lNoto A Professional Corporation By Danielle L. Van Arsdale v anar s dale @w ate r I aw. c om DLV/ Enclosure cc: Dee Blue (Via U.S. Mail) W:\Blue, Dee\7 B\Letters\Pesnichak RE Kreager application, 5-30-1 8.docx