HomeMy WebLinkAbout3.0 Director's Determination 05.25.2018May 25, 2018
Martha Moulton &
Cole Moulton
P.O. Box 112
Silt, CO 81652
Garfield County
Community Development Department
RE: Director Decision Moulton ADU (GAPA-02-18-8628)
Dear Mark:
This letter is in regard to the Director's Decision for your Administrative Land Use Change
Permit Application for an Accessory Dwelling Unit on your property located at 37270 River
Frontage Road, New Castle, CO 81647, also known as Parcel No. 2181-064-00-064.
Your Application has been reviewed in accordance with the Administrative Review
procedures contained in the Land Use and Development Code as amended. Said
provisions require a Decision by the Director of the Community Development Department
on whether to approve, approve with conditions, or deny the request.
The Director's Decision is based on the following findings:
1. That proper public notice was provided as required for the Director's Decision.
2. Consideration of the Application was extensive and complete, that all pertinent
facts, matters and issues were submitted and that all interested parties were given the
opportunity to provide input prior to the Director's Decision.
3. That for the above stated and other reasons the proposed Moulton Administrative
Review Application for an Accessory Dwelling Unit is in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
5. That with the adoption of conditions, and granting of a waiver from the water supply
plan to accept a two hour well pump test, the application has adequately met the
requirements of the Garfield County Land Use and Development Code, as amended.
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The Director's Decision is hereby issued approving the Moulton ADU Application subject
to the following conditions:
1. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Director Decision.
2. The Applicant shall comply with Standards for ADU's contained in Section 7-701
of the Land Use and Development Code.
3. The Applicant shall maintain contracts with the West Divide Water Conservancy
District and prior to the issuance of a certificate of occupancy shall update their well permit
with the Division of Water Resources to reflect the allowable use for two single family
dwellings.
4. Prior to issuance of a certificate of occupancy, the Applicant shall provide an
updated statement from their well drilling professional confirming that well production
reflected in the two hour pump test is adequate to serve the uses on the property including
the proposed ADU or the Applicant shall implement any recommended improvements to
the well by their drilling professional to ensure that it is adequate to serve the ADU.
5. Prior to issuance of a certificate of occupancy the Applicant shall provide a plan
from a qualified professional for treatment of the well to address concerns with Coliform
Bacteria. An updated test report indicating that Coliform Bacteria is no longer present
shall be provided.
6. The ADU shall be required to meet all Garfield County Building Code
Requirements, including drainage requirements at the time of building permit submittal.
7. The Applicant shall obtain all required County permits for the on-site wastewater
treatment system (OWTS) and shall comply with any conditions of approval contained
therein. Should soil or ground water constraints be identified during construction
additional design and engineering may be required.
8. The Applicant shall maintain compliance with the CDOT access permits for the
existing access driveway serving the property and the ADU.
9. The Applicant shall comply with the lighting standards contained in Section 7-304.
10. The Applicant shall utilize bear proof trash containers or store all trash within a
secure portion of the structure such as a garage.
11. Prior to issuance of a certificate of occupancy, the Applicant shall obtain a separate
address from the County for the ADU.
12. Prior to issuance of a certificate of occupancy, the Applicant shall contact the
County Vegetation Manager to address his referral comments on Russian Olives and
provide a management plan if required by the County Vegetation Manager.
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The Land Use and Development Code requires notification to the Board of County
Commissioners for their review and potential call-up of the Director's Decision. The Board
review is for a period of 10 calendar days commencing on the date of the Director's
Decision. The call-up period shall expire on June 4th. Once the call-up period has passed
with no request for review or public hearing, and provided all relevant conditions of
approval have been resolved the Land Use Change Permit will be issued. Pursuant to
the Land Use and Development Code, the Applicant has one year from the date of the
Director's Decision to satisfy all conditions of approval or request an extension.
Please contact the Community Development Department if you have any questions
regarding the Director's Decision and the conditions of approval.
Sincerely,
Sheryl
Director
r, AICP
Community Development Department
Cc: Board of County Commissioners
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