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Home My WebLink About2.0 BOCC Staff Report 06.18.2007BOCC Exhibits (6/ l8/20O7) A Proof of Mail Receipts B Proof of Publication C Garfield County ZoningRegulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Jake Mall of the Garfield County Road and Bridge Department dated 5-to-2001 Exhibit Letter (A to Zi Exhihit BOCC 611812007 DP STEVE FINLEY - COX PARCEL #5 . ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Steve Finley Cox Parcel #5, Spring Valley, Glenwood Springs 35.89 Acres County Road 1 15 Existing Well (Permit No. 124670) Existing ISDS (Permit No. 1376) ARRD 1. DESCRIPTION OF THE PROPOSAL: The applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located on a currently vacant 35.89 Acre parcel, described as Cox Parcel #5 and located southeast of the City of Glenwood Springs. The proposed ADU is to be located above a proposed 4-car garage. The Applicant requests approval to permit a proposed 1497 square foot residential unit as an ADU in order to proceed to design and construct a new primary residence, in addition to the ADU. The driveway is to be off County Road 1 15 and will be used as access to the proposed ADU.'tt:".,.. iii*-ii --t:.-'.. .[ii *sTTilffi* il .hnrh.m.+r...' l"i +*rvj.so*r i;.(dj ;":. \?Cr-il.ir)'i i: il*'sr'm:'"" "*jffffi' .-'r [J' ;,,,rrr,*,f,,i N $i i iiii ."a' t; | , {-.rs":f fktrr:t{ ,:t ,:.i .\i ' a.: ,ti -.f . r i 'l 1'i'B!; {t/'l'P.\' * "' ;... ili J,L-f{,'r {t/'?'P.\' ! /'- I I *h- '', j I \lt', , t i :'' I ',i.:.,.., ,'.1 j , :?. :a..r.*: ["t iu, ,",^. 1'*'1 '"i'::l:,' l'".' , I'^[i*-*".,?{: I i1, ,,,,: .,,___-'.-rfi.#.r.. ---- I. ---t ,rr u,-r, '; , f .1 . ,:.;.-,,.., -* .* , : i.' rr:.). ,. l; '1 .4- ! , : ,.- ..;iw! :\;, :-. ;.-. .*,.." .--* 1f i.' li /':'.. rlil.. r^r : | ,.., llli*r'!lii"' ;{ti\;.,f''-?i;i. ii t i.', ^.:., h,.+, ...;;;&i- Cox Parcel #5 Proposed Site Plan 2 Finley SUPADU - Zoning Map 0 550 1,100 2,200 Feet J Finley SUP ADU - Hazards Map 0 550 1.100 2.20 4 2. Referrals: Glenwood Sprinqs and Rural Fire Protection District: No Comments Received Garfield Countv Road and Bridoe Department:(See Exhibit F) 3. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in $5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided if found necessary. B. Zoninq Resolution: An ADU is a special use in the ARRD district pursuant to $ 3.02 of the Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 55.03 as well as the specific standards that apply to ADUs contained in $5.03.21. These standards are listed below in bold italics followed by a Staff comments. General Special Use Permit Requirements (S 5.03) 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Comment The Applicant has provided well permit number 210885 which was issued July 6, 1998. This permit allows for household use in 3 residential dwelling units. This well is to be shared by two lots within the Cox Exemption: parcel 4 and parcel 5. Following a search of building permits issued by the Gar{ield County Building Depafiment, it was found that no units have been constructed on either Cox Parcel number 4 or Cox Parcel number 5. As the Accessory Dwelling Unit counts against the 3 total units allowed under Permit 210885, the permit will allow two more units to be constructed in the future between the parcel 4 and parcel 5. ln addition, the Applicant has provided a 4 hour pump test conducted on May 5, 2007 by Samuelson Pump Company. The pump test indicated a pumping rate of 10 gallons per minute, a standing water level of 6' 7" and drawdown to 30' 5". ln addition, as the property is vacant, there is not an ISDS currently on the propefty. The Applicant must obtain an adequate ISDS permit prior to issuance of the building permit for the new Accessory Dwelling Unit. This standard is met. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Comment Main access to the proposed ADU will be from a driveway which is to serue both the future ADU and future primary dwelling unit. This driveway is accessed from County Road 1 15. Gadield County Road and Bridge has indicated that this propefty has already been exempted from the driveway access permit requirements (See Exhibit F). This standard is met. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Comment The proposed ADU is in character to the surrounding propefties and should not adversely impact surrounding owners. lf approved, the applicants shall use minimal lighting that is shielded to prevent light trespass on other properties and is inward and downward facing towards the structure. This standard is met. Specific Special Use Permit Standards for ADU (S 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Staff Comment The propefty contains 35.89 acres, which exceeds the minimum required for an ADU (4 acres). The proposed ADU will be on a portion of the property that has no slopes exceeding 40%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Comment The applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no Homeowners Association or restrictive covenants on this parcel. This requirement is not applicable. 6 4) Proof of a legally adequate source of water for an additionat dwelling unit. Staff Comment The Applicant has provided well permit number 210885 which was issued July 6, 1998. This permit allows for household use in 3 residential dwelling units. This well is to be shared by two lots within the Cox Exemption: parcel4 and parcel 5. Following a search of building permits issued by the Garfield County Building Depaftment and tfre Garfietd County Assessors database, it was found that no units have been constructed on either Cox Parcel number 4 or Cox Parcel number 5. As the Accessory Dwelling Unit counts against the 3 total units allowed under Permit 210885, the permit will allow two more units to be constructed in the future between the parcel 4 and parcel 5. This standard is met. 5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewa ge treatm e nt fac i I ity. Staff Comment The Applicant must obtain an adequate ISDS permit prior to issuance of the building permit for the accessory dwelling unit. This standard is met. 6) Only leasehold interests in the dwelling units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant is required to obtain a valid building permit from the Garfield County Building Department for the new Accessory Dwelling Unit. ln addition, this Accessory Dwelling Unit will be required to meet all applicable federal, state and local regulations. This standard is met. 2. SUGGESTED FINDINGS 1' That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit 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 conformance with the Garfield County Zoning Resolution of 1978, as amended. 3. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: '1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless othenruise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The applicant shall obtain any applicable GarJield County building permits, grading permits and access permits. 4. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. At the time of building permit for the Accessory Dwelling Unit, the Applicant shall obtain an ISDS permit from Garfield County with adequate capacity to provide sewage and wastewater treatment for the new Accessory Dwelling Unit. 4. RECOMMENDED MOTION "l move to approve the Special Use Permit request for an Accessory Dwelling Unit for a propefty described as Cox Parcel #5, Spring Valley, Glenwood Springs with the conditions proposed by Staff." 8 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBtf Date Sent: May 10,2007 Comments Due: June 112007 Name of application: Steve Finley Sent to: Garfield County Road & Bridse Dept. Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Sfteet, Suite 301 Glenwood Springs, CO 81601 Fax: 910-384-3470 Phone: 970-945-8212 General Comments: Garfiel oad & Bri nt has alread is propertv f it. For this Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date Mav 14.2007 tlon to t Revised 3/30/00