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HomeMy WebLinkAbout2.0 Staff Report• • BOARD: 10/13/03 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit for an Accessory Dwelling Unit ("ADU") SUMMARY OF REQUEST: The Applicant requests the conversion of an existing residence to an ADU for the purpose of construction a new residence on the subject property. APPLICANT(S): Leslie Wareham and Lee Padilla LOCATION: EXISTING ZONING: ADJACENT ZONING: The subject property is addressed as 1501 County Road 245, New Castle. A/R/RD (Agricultural / Residential / Rural Density) A/R/RD ACCESS: County Road 245 I. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The Applicant requests approval to change the status of an existing dwelling unit to an Accessory Dwelling Unit for the purpose of constructing a new primary residence on the subject property. The existing unit is approximately 1,440 square feet and the proposed new residence will be approximately 2,100 square feet. B. Site and Project Description: The subject property contains approximately 4.14 acres. The subject property is improved with an existing modular residence and a couple outbuildings. There is a riding arena on the southwest end of the property. The property slopes from CR 245 in a southwesterly direction. There is an existing loop driveway with two access points onto CR 245 that provides access to the existing residence. The property is sparsely vegetated. There are some large cottonwoods and various tree types along CR 245. The new residence is proposed to be constructed • • Wareham / Padilla Special Use Permit BOCC —10/13/03 Page 2 near the west end of the property. Access to the new residence will be by means of the existing driveway which will be extended to the new residence. C. Zoning: The subject property is zoned A/R/RD (Agricultural / Residential / Rural Density). The zoning adjacent to the subject property is also A/R/RD. The A/R/RD zone district allows for a minimum lot area of 2 acres. Accessory Dwelling Units are uses identified as Special Uses in the A / R / RD zone district and require a public hearing process. D. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as `privately owned lands with site specific use limitations such as floodplain, slope hazard, septic constraints, or surficial geology (mud flow, debris fan) to be evaluated at plan review." The subject property is located within the 2 -Mile Sphere of Influence for the Town of New Castle. The application was referred to the Town of New Castle, however, no comments were received. E. Road/Access: There are two access points off of County Road 245 that serve the property. The internal driveway is looped and connects to both access points. F. Applicability: Pursuant to Section 9.03 of the Zoning Resolution, an application for a Special Use Permit ("SUP") shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. Comments that were received have been integrated throughout this memorandum where applicable. 1. Garfield County Road and Bridge: No Comments. 2. Town of New Castle: No Comments. 3. Garfield County Vegetation Management: No Comments. III. REVIEW CRITERIA FOR SPECIAL USE PERMIT Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only: Based on compliance with all requirements listed herein, and; 1. Approval by the County Commissioner, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or required additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the • • Wareham /Padilla Special Use Permit BOCC —10/13/03 Page 3 population and uses of the neighborhood or zone district as a condition of granting the special use. Response: Staff sees no reason for the BOCC to require any special restrictions. A. SECTION 5:03 Pursuant to Section 5.03, special uses shall conform to all requirements listed thereunder and elsewhere in the Zoning Resolution, plus the following standards: 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. Response: The Applicant indicated that the Town of New Castle currently provides water to the existing residence. The Applicant provided a letter from the Town of New Castle indicating that the Town has the capacity of providing additional water to the new residence. The cost of a tap for users outside of the town limits in $5,000 and a water meter and accessories cost $185.00. The existing residence, the proposed ADU, is currently served by an existing Individual Sewage Disposal System (ISDS). The Applicant noted that a separate ISDS will be installed for the proposed new residence. 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. Response: Access to the property is by means of two access points off of County Road 245. There is a looped driveway that connects both access points. The Applicant intends on extending the internal driveway to the proposed new residence adjacent to where the existing sheds are located. The application was referred to the Garfield County Road and Bridge Department, however, no comments were received. 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. Response: The existing residence, to be converted to the ADU, is visible from County Road 245 at certain angles. There is existing vegetation along the county road that provides some screening of the residence. No signage is anticipated and standard residential lighting is utilized. The proposed • • Wareham /Padilla Special Use Permit BOCC —10/13/03 Page 4 new residence will be located on the west end of the property and will be slightly visible from the County Road. However, it will be visible to the property to the immediate west. The photograph to the right is taken adjacent to the proposed ADU looking west towards the location of the proposed new residence. IV. CRITERIA FOR ACCESSORY DWELLING UNIT (SECTION 5.03.21) Pursuant to section 5.03.21 of the Zoning Regulations, use of a structure as an accessory dwelling unit approved by Special Use shall meet the following standards, as well as all other standards applicable to residential use: 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. Response: The subject property contains approximately 4.14 acres. The existing improvements avoid slopes in excess of 40%. 2. The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Response: The existing residence contains approximately 1,440 square feet, which does not exceed the maximum floor area allowed. 3. Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Response: The property is not located within a subdivision. No covenants are applicable to this property. 4. Proof of a legally adequate source of water for an additional dwelling unit. Response: Discussion regarding the proposed water supply has been addressed previously in this memorandum. 5. Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. Response: Discussion regarding the proposed ISDS has been addressed previously in this • • Wareham /Padilla Special Use Permit BOCC —10/13/03 Page 5 memorandum. 6. Only leasehold interests in the dwelling units are allowed. Response: The Applicant will comply with this requirement. The ADU will not have a separate ownership interest. 7. That all construction complies with the appropriate County building code requirements. Response: It is unclear as the when the existing residence was installed on the subject property. Staff could not locate any building permits for the existing residence. Staff understands that the County only regulates the foundation a modular house sits on, as well as the decks, steps, and landings. The State Division of Housing regulates how modular homes are built and manufactured. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 5:03 and 9:03) in the Garfield County Zoning Resolution of 1978. 5. That the applicant has met the requirements of an Accessory Dwelling Unit (Section 5.03.21) in the Garfield County Zoning Resolution of 1978. VI. RECOMMENDATION: Staff recommends that the Board APPROVE the Wareham / Padilla Special Use Permit for an Accessory Dwelling Unit, subject to the following conditions: • • Wareham / Padilla Special Use Permit BOCC —10/13/03 Page 6 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. 2. Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately. • • Tamara Pregl rage i or 1 From: Steve Anthony Sent: Wednesday, October 08, 2003 10:13 AM To: Tamara Pregl Subject: RE: Wareham/Padilla SUP for ADU Tamara I have no concerns regarding vegetation on this application Steve Original Message From: Tamara Pregl Sent: Tuesday, October 07, 2003 4:24 PM To: Jake Mall; Steve Anthony Subject: Wareham/Padilla SUP for ADU Hi, Just inquiring if you will have any comments for me on this application. If so, I need them by Wednesday noon. Thanks Tamara 10/8/2003