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HomeMy WebLinkAboutDirector's Determination 11.09.2022Gaffield CounQ November 9,2022 Thaddeus and Makenzie Eshelman 178 Blue Heron Lane Carbondafe, CO 8L623 DIRECTOR DETERM¡NAT|ON - Eshelman sDU Land use change Permit; Administrative Review (GAPA-08-22-8916) Dear Thaddeus and Makenzie Eshelman, This letter is provided to you, as the authorized representative for Garfield County File GAPA-O8-22-8916 pertaining to an application for a Secondary Dwelling Unit at L78 Blue Heron Lane, Carbondale, CO. This letter is notification that your request has been reviewed by the community Development Department and the Director hereby issues a determination conditionally approving the request. The conditions of approval are as follows: Conditions to be Satisfied Prior to lssuance of the Land Use Change Permit: prior to issuance of the Land Use Change Permit, the Applicant shall submit to the County the following for the well serving the SDU: a. A pump rest that meets the standards in Section 4-203(M)(IXbXSXa). The pump test shall include representation by a qualified professionalthat the pump rate is adequate forthe proposed use. b. A water quality test that meets the standards in Section 4-203(MXIXbXSXc). The water quality test shall include representation by a qualified professional that the water quaiity meets the County's primary drinking standards. Operational Conditions: 2. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein' L 1 3. The SDU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building Permits for modifications and/or oxpansions to the structure. 4. 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. 5. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-7OL.B, Secondary Dwelling Units, of the Land Use and Development Code of 2Ot3, as amended. Notice of this decision will be provided to the Board of County Commissioners who has the ability to 'call-up'the application for review at a public hearing. You will be notified of the Board decision once it is received or upon expiration of the L0 day notice period (November L9,2022). Feel free to contact myself or John Leybourne, the staff planner, if you have any questions regarding this decision. Sincerel¡ Bower, AICP D¡r of Community Development Attachment BOCC File Cc 2 PROJECT INFORMATION AND STAFF COMMENTS L78 Blue Heron Lane SDU GAPA-08-22-8916 Lu3/2022 Administrative Review - Land Use Change Permit for a Secondary Dwelling Unit (SDU) Thaddeus and Makenzie Eshelman Thaddeus and Makenzie Eshelman 178 Blue Heron Lane, Carbondale, CO Section 34, Township 7, Range 88, a Parcel in Lot 9 of SectionS4 andl-ot 10 Section 35. AKA Lot 3 of the Jacobsen Boundary Lot Adjustment and known by Assessor Parcel No. 239334400016. 8.951 acres Rural (R) Residential Low (10+ ac/Du) Approval with Conditions TYPE OF REVIEW APPUCANT (OWNERI REPRESENTATIVE [ocATtoN TEGAL DESCRIPTION toT slzE ZONING COMPREHENSIVE PLAN RECOMMENDATION The Applicant is requesting a permit for a secondary Dwelling unit (SDU) on a 8.9L-acre parcel located within the Rural zone dlstrict. As the property is over 4 acres, the SDU is limited to 3,000 square feet. The improvements on the property are a single-family dwelling unit and a barn with ADU currently under construction. The Applicant has indicated that the SDU will be built within this existing barn/ADU space and will be approximately L,250 square feet in size after adding 350 sq feet to the ADU making it a SDU. Access to the SDU will be via an existing driveway off of Blue Heron Lane accessing off County Road L00. Water will be provided from an existing well and an existing OWTS that will be expanded will serve the new dwelling unit. The Applicant is requesting waivers from the submittal requirements for an lmprovements Agreement and a Development Agreement and Site Plan. These requests are deemed appropriate for the Application as the development will not be phased and no new public improvements are proposed or required as a result of the application and the Site Plan has been submitted and reviewed as part of the Building Permit. The site is currently developed with a single-family residence and a barn structure curre ntly under construction that will be developed into the secondary dwelling unit on the second floor. The barn sits approximately 300 feet west of the existing house and is accessible via the same driveway as the main house accessing off County Road 100. This particular branch-off of the main County Road 100 is considered a private road and is not maintained by Garfield County Road and Bridge. The site has minimal vegetation and is relatively flat. A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code designates a Secondary Dwelling Unit within the Rural zone district as requiring Admlnístrative 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 as per Section 4-202 of the Land Use and Development Code. These waiver requests are from submittal requirements included in an improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. 2 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. Secondary Dwelling Units are also subject to Section l-7OL.The standards are addressed in the Application submittals and in the StaffAnalysis section of this Staff RePort. The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received in response to the application. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Mountain Cross Engineering: no comments received B. Division of Water Resources: No comments received C. Basalt Water Conservancy District: The existing contract and schedule of augmentation supplies are based on the use for two single family dwelling units. D. Garfield County Road and Bridge: No comments received E. Carbondale and Rural Fire Protection District: No comments received Artlcle..?rÞiulsien[lEgneralstandards ,' , :, '¿:!".,.'ij-. . : , 'i Section 7-LOtz Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulations for the Rural Zone District The proposal meets minimum lot area, maximum lot coverages and property setbacks. Section 7-1;12z Conformance with Comprehensive Plan and compliance with lGAs The County Comprehensive Plan identifies the property as Residential Medium which provides a suggested density of L0+ acres per dwelling unit. As the property is 8.951 acres, the residential density identified within the Comprehensive Plan would be satisfied with the addition of the SDU' Section 7 -t03z CompatibilitY The proposed SDU is located in a rural area and is unlikely to significantly alter or impact the character of the area. As the use is proposed within an building under construction. The parcel is adjacent to similar dispersed residential development to the north, south and east and west. Section 7-t}4z Sufficient, Adequate, Legal and Physical Source of Water The addition of the secondary dwelling unit is allowed under the uses of the existing well permit J rir.lt;i1. ì: '.;rriu:¡lii111. ;.¡i¡ '.r'i;',, r'¡i;tÍ.tjiji:1ili,,ií.i:ir and water district contract. The SDU is to be served by an existing well on the property, Permit Number 860088-F. The usc of groundwatcr for the wcll is limited to ordinary household purposes inside two single-family dwellings and three accessory rlwelling units. The Applicant's approved water allotment contract with the Basalt Water Conservancy District allows for two single-family dwelling units. The Applicant will be required to conduct both a pump test and water quality test on thls well priorto issuance of the Land Use Change Permit. These requirements are reflected in Condition of Approval #L. Section 7-105: Adequate CentralWater Distribution and Wastewater The Applicant has represented that the SDU will be served by a 1,000-gallon septic tank which is adequate to serve two bedrooms. The existing house is served by a existing L500-gallon septic tank Section 7-LOGz Adequate Public Utilities The applicant has represented that adequate public utilities exist at the property Section 7-t07z Access and Driveways a. The Applicant made representations that the roadway width meets County Roadway standards for a semi-primitive road and staff have confirmed that the roadway standards from Table 7-LO7 have been met. Figure 5: Access Roød to Property b. Legal access for the pr¡vate roadway to the property from County Road 100 on Blue Heron Lane. Section 7-108: Natural Hazards No significant natural hazards are noted for the property. Section 7-t09z Fire Protection The subject property is within a low wildfire hazard area according to the Wildland Fire Susceptibility lndex of the Community Wildfire Protection Plan. No slopes over 30% exist on the site and there is no significant vegetation besides grasses on the majority of the parcel. The roof materials of the barn structure are comprised of noncombustible materials. As a result, it is Staff's opinion that the wildfire hazard in this area is within manageable levels. Artlcle 7, Dlvl¡isn 1:General Resource Protcctlon Standards Section 7 -201, Agricultural Lands The proposed SDU is adjacent to existing residential uses and agricultural and is not expected to adversely impact agricultural uses. Based on the location of the development along with 4 representations by the Applicant, it is not anticipated that the proposed development would adversely affect any neighboring agricultural uses on surrounding parcels. Section 7-2O2 Wildlife Habitat Areas The SDU is expected to have impacts on wildlife similar to a single-family dwelling unit. The SDU is proposed within an existing structure on the property. As a result, no significant impact to wildlife is expected. Section 7-203 Protection of Waterbodies As no waterbodies exist on the property, no impacts to wetlands or waterbodies are anticipated' Section 7-204 Drainage and Erosion The Applicant has provided soils information and a topographic map of the subject property via the building permit for the barn that shows general positive drainage around the proposed SDU' Grading and drainage issues were also addressed at time of building permit in 2005. Sections 7 -2OS Environmental Qua lity No water or air quality issues are anticipated from the proposed project. Section 7-206 Wildfire Hazards See discussion in Section 7-LO9, Section 7-207 Naturaland Geologic Hazards No significant naturalor geologic hazards are noted forthe property Section 7 -208 Reclamation Minimalto no disturbance is anticipated as a result of the proposed SDU Article 7, Divislon 3, Site Ptanning and Development Standards Section 7-3Ot Compatible Design The design of development associated with the land use change shall be compatible with the existing character of surrounding residential land uses. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through the site plan that adequate off-street parking exists for the SDU and primary dwelling unit. Sections 7 -303 Landscapi ng Standards: The LUDC specifically exempts SDUs from Landscaping Standards. Section 7 -304 Lighting: Staff has recommended a condition of approval that any exterior lighting comply with the standards outlined in Section 7-3O4. 5 Section 7-305 Snow Storage Standards: There are adequate snow storage areas currently existing within the lot to meet minimum snow storage standards, Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. ffi@ffi $sr+Ë,rÉ@+fqË¡Ðftislftå#fiñ'':.,,,i, Section 7-7Ot.B.t Maximum Floor Area: The proposed SDU will not exceed the maximum of 3,000 square feet in size permitted in this zone district. Section 7 -7Ot.8.2. Ownership Restriction: The Applicant understands that the SDU is restricted to leasehold interests and may be used for residential purposes on ly. Section 7-70t,8.3, Compliance with Building Code: The Applicant has represented that the SDU will comply with all building codes Section 7-701.8.4. Minimum Lot Area: The Applicant has 8.95L acres and as a result satisfies the 2 acres minimum lot size requirement in the Rural zone district. Section 7-701.8.5. One per Lot The SDI,J will comply with this standard. Staff recommends a finding that proposed Secondary Dwelling Unit is in general conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code as amended and is recommended for Administrative Approval by the Director of the Community Developnnent Department subject to the following conditions of approval: Suggested Findings 1. That proper public notice was provided as required for the Director's Decision 2. Consideration of the Application was extensive and cornplete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 6 3. That forthe above stated and other reasons, the proposed amended Land Use Change is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield CountY. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended' Recommended Conditions of Approval Conditions to be Satisfied Prior to lssuance of the Land Use Change Permit L. prior to issuance of the Land Use Change Permit, the Applicant shall submit to the County the following for the well serving the SDU: a. A pump test that meets the standards in Section 4-203(MXIXbXSXa). The pump test shall include representation by a qualified professional that the pump rate is adequate for the ProPosed use. b. A water quality test that meets the standards in Section 4-203(MXLXbX5Xc). The water quality test shall include representation by a qualified professional that the water quality meets the County's primary drinking standards. Operational Conditions 2. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 3. The SDU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building Permits for modifications and/or expansions to the structure. 4. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2OL3, as amended. 5. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-7OL.B, Secondary Dwelling Units, of the Land Use and Development Code of 20L3, as amended. 7