HomeMy WebLinkAboutStaff Report DD 06.29.16Zurcher ADU
GAPA-04-16-8444
6/29/16
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
I. DESCRIPTION OF THE PROPOSAL
Administrative Review -Land Use
Change Permit for an Accessory Dwelling
Unit (ADU)
Antonia Zurcher
Bridger Smith, SmithBuilt Contractors
The proposed use is located
approximately 8 miles north of the Town
of New Castle at 411 O County Road 243.
A tract of land situated in Sections 35 and
36, Township 4 South, Range 91 West of
the Glh P .M., and more fully described in a
Warranty Deed recorded at Reception
No. 810168 with the Garfield County
Clerk and Recorder. The Parcel is known
by Assessors Parcel No. 1925-363-00-
064.
The site is 54 acres in size.
Rural (R)
The Applicant is requesting approval for an Accessory Dwelling Unit (ADU) on the property.
The ADU is proposed to be a two bedroom unit, approximately 2,000 sq.ft. in size . It will
also include parking inside a two car garage. The ADU will be served by a shared well and
a new onsite waste water treatment system. A single family residence and agricultural
buildings also exist on the property. Electric service exists to the property and access is
proposed to be an existing private driveway off of County Road 243 with a short extension
to serve the ADU. The Applicant has requested waivers from a number of submittal
requirements most of which are related to the small scale of the proposal, limited areas of
disturbance, and timing for completing water supply plan requirements.
II. DESCRIPTION OF THE SITE
The site slopes moderately down to the east toward Main Elk Creek . The developed
portion of the property includes a single family residence, several agricultural buildings,
sheds and barns. The majority of the site adjacent to the county road and along the creek
is maintained as pasture and hay fields as part of the ranching operation. Main Elk Creek
crosses through the site but is separated from the proposed ADU by approximately 360 ft.
and it is approximately 25 ft. lower in elevation. Some native vegetation is found outside
of the developed areas and along the edges of the hay fields.
Ill. PUBLIC AND REFERRAL COMMENTS
A. The Applicant has provided documentation that the required notice mailings have
been completed in accordance with the Land Use and Development Code . No comments
from adjacent property owners have been received. Referral comments from various
agencies are attached to the Staff Report, summarized below, and further addressed as
appropriate in the Staff Analysis sections .
B. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
• Commented on well pump testing , access , and septic system setbacks.
C. Colorado Division of Water Resources , Justina P. Mickelson:
• Noted the well permit can serve up to 3 single family dwellings and for the purposes
of the well permit the ADU would be considered a single family dwelling. As long as
the uses do not include more than three single family dwellings their office had no
objection to the well serving the proposed ADU.
D. Colorado Department of Health and Environment, Kent Kuster Environmental
Specialist:
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• Indicated no comment but noted compliance with State and Federal Regulations is
always required.
E. Colorado River Fire Rescue, Orin Moon, Fire Marshall:
• Indicated that they had no requirements or concerns with the proposed ADU at this
location .
F. Garfield County Vegetation Manager, Steve Anthony:
• Indicated no comment.
G. Garfield County Road and Bridge Department, Wyatt Keesbury:
• Indicated they had no issues.
H. Garfield County Environmental Health, Morgan Hill:
• Provided comments on the OWTS, water quality testing, radon recommendations,
storm water management, and project narratives.
I. Xcel Energy, Tillmon McSchooler.
• Indicated that they had reviewed the project and had no objections at this time, also
noting procedures for utility extensions and review by Xcel.
V. STAFFANALYSIS
Article 7 of the Land Use and Development Code sets forth General Standards in Division
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1, Resource Protection Standards in Division 2 and Site Planning and Development
Standards in Division 3 . Specific standards for ADU uses are also found in Section 7-701.
Review of the applicable standards and waiver request are found in the following section.
Article 7, Division 1: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
Review of the Application submittals indicates that the proposed use will comply with the
Zone District Regulations for the Rural Zone District including setbacks and lot coverage
provisions. The Applicant has provided a site plan with details on the existing
improvements including ADU location and parking area.
2. Section 7-102: Compliance with Comprehensive Plan and IGAs
The site is located in the Residential Medium High (MH) designation on the
Comprehensive Plan Future Land Use Map. The proposed density of two units on 54
acres is wen within the recommended density of 2 -< 6 acres per dwelling unit.
3. Section 7-103: Compatibility
The proposal is consistent with surrounding land uses that include rural residential,
agricultural, and ranching activities . The ADU will result in minimal site disturbance as it is
located generally within an area that previously had improvements (double wide mobile
home and perhaps original homestead). The proposal is consistent with the existing uses
on the site.
4 . Section 7-104: Source of Water
A. The proposed ADU will be served by sharing an existing welt on the property. The
Application submittal included the well permit proposed to serve the ADU. The Division of
Water Resources referral comments confirm the legal ability of the applicant to utilize the
well to serve the proposed ADU.
B. The Applicant has requested a waiver to aHow completion of the required pump test
prior to receiving a building permit. The pump test requirement needs to be met prior to
issuance of the land use change permit and needs to confirm the adequacy of the pump to
serve the two dwelling units.
C. The Applicant has provided detailed water quality test results completed in 2012.
The test includes the majority of elements required by the current code but does not cover
all of the required elements (i.e. alpha beta radioactivity). While the past test demonstrated
that the samples were below the required/referenced standards a new test including all
required elements needs to be provided.
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EXCERPT FROM GRADING & DRAINAGE
PLAN SHOWING KEY SITE PLAN FEATURES
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5. Section 7-105: Adequate Central Water Distribution and Wastewater systems
The primary residence on the site is currently served by an existing OWTS. The Applicant
proposes construction of a new OWTS to serve the ADU. The Application submittals
include engineering for the proposed system, soil testing completed by HP Geotech
including percolation test results, and site plans showing the proposed location for the
system. The ADU approvals shall require use of an engineered OWTS as proposed and
compliance with the application representations and recommendation contained in the
geotechnical report by HP Geotech. At the time of permitting for the OWTS confirmation of
compliance with all setbacks shall be required.
6. Section 7-106: Public Utilities
All other utilities to serve the proposed ADU are existing and in place on the property.
Electric line extensions and service will be coordinated with Xcel Energy.
7. Section 7-107: Access and Roadways
A. The site is served by an existing access driveway off of County Road 243. The
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Application and various site plans/grading plans indicate that the driveway is
approximately 10 -12 ft . in width with grades of 1 O -12%. It has an asphalt and
compacted gravel type surface and generally drains to the downslope (north) side of
the road. Adequate areas for drainage appear to be provided. No major curves
exist along the access with the exception where the driveway to serve the ADU exits
the main driveway.
OVERVIEW OF THE SITE
AND ACCESS DRIVEWAY
B. The driveway is represented by the Applicant to meet the roadway standards.
However, the applicant needs to confirm that the driveway meets the width requirement
and the tuming radius onto the ADU driveway needs to be addressed. The Applicant will
need to provide documentation from a professional engineer that the road width and
turning radius meet the code or address the roadway waiver criteria including a
determination that the driveway provides acceptable access for the ADU.
C. Site Plan and survey documentation Indicate that a portion of the access driveway
crosses property owned by the BLM prior to its connecting to the County Road. The
Application explains the historic use of the driveway. however, it does not provide adequate
legal documentation of access on the alignment of the existing driveway. The Applicant
has provided a supplemental legal opinion supporting their use of the existing driveway
(see attached). The Applicant's property does contact the County Road at two other
locations where legal access can be established. In order to utilize the existing driveway
documentation of a lease from the BLM or a finding by the courts that a prescriptive use
right exists for the driveway are needed.
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0. The Colorado River Fire Rescue referral comments did not indicate any concerns
regarding access the site for fire protection .
E. The Applicant also requested a waiver from the submittal requirement for a traffic
study based on the minimal amount of new traffic generated . The County Road and Bridge
Department did not indicate any concerns with the proposal.
8. Section 7-108: Land Subject to Natural Hazards
No significant natural hazards are noted for the property in the area proposed for the ADU.
Slopes on the site are moderate in the range of 10%. The geotechnical report -subsoils
study by HP Geotech (dated 4/30/12) provides recommendation for foundation design,
drainage, and percolation results. The study did not identify any significant concerns.
9. Section 7-109: Fire Protection
The Application was referred to the Colorado River Fire Rescue fire protection district.
The District indicated no concerns with the proposal.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
The Application is compatible with agricultural lands and uses on the site and has limited
additional site disturbance. No irrigation ditches have been identified in the vicinity of the
proposed ADU . Irrigation ditches which may have been abandoned are located on the
opposite side of Main Elk Creek from the ADU. A drainage swale shown on the site plan
wiH need to be relocated slightly to accommodate the proposed ADU garage construction.
No changes to the ranch operation will result from the construction of the ADU as it is
located in an area previously utilized for residential purposes.
11. Section 7-202 Wildlife Habitat Areas
The proposed ADU will have limited additional site disturbance. Trash should be stored
within the structure or garage to avoid wildlife conflicts. CPW did not provide comments on
the Application.
12. Section 7-203 Protection of Wetlands and Waterbodies
The proposed ADU is located in the developed area of the site . It is more than 300 ft. from
Main Elk Creek and approximately 25 ft. above it in elevation. Proper design and
pennitting of the proposed OWTS will be required. No site disturbance is anticipated
outside of the area proposed for placement of the ADU.
13. Section 7-204 Drainage and Erosion, 7-205 Environmental Quality
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Limited site disturbance is anticipated by the Application. Drainage details including storm
water drainage for the ADU should be provided as part of the building pennit application.
The OWTS will require proper permitting and inspection by the County.
14. Section 7-206 Areas Subject to Wildfire Hazards
The County Wildland Fire Hazard Maps indicate a low wild fire hazard designation on the
Applicant's site. The roof material should be made of non-combustible materials per
Section 7-206 (C). Any future site improvements/landscaping associated with the ADU
should utilize the Colorado State Forest Service Firewise construction guidelines.
WILDLAND FIRE HAZARD
MAPPING
Green &: Ught Green = Lower Hazards
Yellow = Moderate Hazards
Orange = High Hazards
15. Section 7-207 Natural and Geologic Hazards
Applicant Site
Source: Garfield County GIS
DcpL Mapping
No significant geologic hazards are noted in the Application submlttals or the Geotechnical
report prepared by HP Geotech. Slopes in the area proposed for the ADU are generally
1 Oo/o or less.
16. Section 7-208 Reclamation
The site will be utilized for residential purposes with limited area of disturbance for the ADU
construction. Revegetation of disturbed areas should be required.
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Article 7, Division 3, Site Planning and Development Standards
17. Section 7-301: Compatible Design
The proposal reflects consistency with the character of existing improvements on the site.
A preliminary sketch of the proposed ADU was provided with the submittals.
Preliminary ADU Designs
WE ST ELEVA 110!\I
18. Section 7-302: Off-Street Parking
The site plan shows a two car garage and ample space for additional parking.
19. Section 7-303: Landscaping Plan
ADU applications are exempt from Landscaping Plan submlttals. however. the site reflects
typicat rural residential and ranch landscaping.
20. Section 7-304: Lighting
The Application should be required to utilize code compliant lighting.
21. Section 7-305: Snow Storage:
The Application and site plan demonstrate adequate room for snow storage.
22. Section 7-306: Trails and Walkways
Given the rural area of the site these standards are generally not applicable.
23. Section 7-701: Accessory Dwelling Unit Standards
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A. Maximum Floor Area: The Application is in compliance(< 3,000 sq.ft.)
B. Ownership Restriction: The Application is in compliance.
C. Building Code: Compliance will be required .
D. Minimum Lot Size: The Application is in compliance (>2 acres lot size)
E. Entrance: The ADU will have a separate entrance .
V. SUGGESTED RN DINGS
1. That proper public notice was provided as required for the Directo,..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 Zurcher Administrative
Land Use Change 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 if determined
necessary from Section 7-107, Roadway Standards for driveway width and tu ming radius,
the application has adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
VI. RECOMMENDATION
Approval of the Zurcher Administrative Land Use Change Permit for an Accessory Dwelling
Unit, 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 . Prior to the issuance of the Land Use Change Permit the Applicant shall provide
documentation of the required 4 hour pump test including confirmation from a qualified
professional that the production is adequate to serve the ADU and the existing residence
on the property.
4. Prior to the issuance of the Land Use Change Permit the Applicant shall provide
documentation of a water quatity test In accordance with Section 4-203 (M) including a
determination that the water meets the required standards and is acceptable for human
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consumption. If standards are not met, the Applicant shall provide a proposal for use of a
treatment system that will bring the water within acceptable levels.
5. Prior to issuance of the Land Use Change Pennit, the Applicant shall provide a letter
from a licensed professional engineer confirming that the access driveway meets the
Roadway Standards of Section 7-107 including width and minimum curve radius and
drainage ditches if determined necessary. If a waiver from the roadway standards is
determined to be necessary by the engineering analysis, the Applicant shall provide the
additional information required by the County Roadway Waiver Policy #01-14.
6. Prior to the issuance of a Certificate of Occupancy for the ADU the Applicant shall
further document the legal use of the existing driveway or establish a new physical access
by satisfying one of the following:
a. The Applicant shall provide documentation of an easement granted from the Bureau
of Land Management for the existing access driveway shown on the site plan. Said
easement shall be reviewed and accepted by the County Attorney's Office.
b. The Applicant shall obtain and provide evidence to the County Attorney's Office of
an order from the Courts declaring an access easement right for the existing
driveway to serve the ADU.
c. The Applicant shall construct a new driveway connecting the ADU to access directly
onto County Road 243 across the Applicant's property, which driveway shall meet
the standards contained in Section 7-107 for a primitive roadway. The driveway
plans shall be reviewed and accepted by the Community Development Department
Staff and the County Road and Bridge Department prior to commencement of
construction.
7. The Applicant shall properly permit with the County and install a new onsite waste
water treatment system to serve the ADU. The system will be engineered as represented
in the Application and shall comply with all recommendations contained in the HP Geotech
report dated 4/30/16. At the time of permitting, verification that the system meets all
setback requirements shall be required.
8. The ADU shall be required to meet all Garfield County Building Code Requirements.
At the time of building permit submittal, the Applicant shall address site drainage including
storm water drainage during and after construction. This shall include the minor relocation
of the drainage swale east of the ADU protecting the ADU and garage from drainage off
the adjacent pasture/hay meadow.
9. The Applicant shall comply with the recommendations contained in the HP Geotech
Soils and Foundation study, dated 4/30/16 including foundations and drainage.
10. The Applicant shall comply with the lighting standards contained in Section 7-304.
11. The Applicant shall utilize bear proof trash containers or store all trash within a
secure portion of the structure such as a garage. Any fencing on the site shall be wildlife
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compatible pursuant to CPW guidelines.
12. The ADU shall utilize noncombustible roof materials or other materials as
recommended by the local fire agency.
13. Testing for radon after construction is completed is recommended.
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