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HomeMy WebLinkAbout2.0 DD Staff Report 07.20.2016Directors Determination — Staff Report Exhibits Craig ADU Administrative Review Applicant is James and Lisa Craig July 20, 2016 (File GAPA-04-16-8451) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form, Dated June 25, 2016 2 Mail Receipts 3 Referral Comments from Wyatt Keesbery of Garfield County Road and Bridge, Dated June 21, 2016 4 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated July 5, 2016 5 Letter from Megan Sullivan of the Colorado Division of Water Resources, Dated July 12, 2016 6 Letter Dave Erickson of the Aspen Valley Land Trust, Dated July 12, 2016 Craig ADU GAPA-04-16-8451 July 20, 2016 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) James and Lisa Craig LOCATION LEGAL DESCRIPTION The property is located approximately 7.5 miles west of the City of Glenwood Springs with access off private roadways and County Road 137. The address is 1546 County Road 137, Glenwood Springs, CO 81601. Section: 24 Township: 5 Range: 90 TR IN SW on a property known by Assessor's Parcel No. 2123-243-00-124. ACRES Approximately 35.59 acres ZONING Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 35.59 acre parcel located within the Rural zone district. As the property is over 4 acres, the ADU is limited to 3,000 square feet. The Glenwood Springs Comprehensive Plan identifies the property as Medium / High Density Residential (2-6 acres/dwelling unit). Access to the site is an existing driveway and private roadways from County Road 137. The site has adequate areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. The ADU to be permitted is an existing 1600 square foot single family home. A separate 600 square foot log home exists on the property as well, and has been decommissioned from use as a dwelling unit. Even so, legal and adequate water, access, and an adequately sized Onsite Wastewater Treatment System (OWTS) have been demonstrated to serve both units. 11. DESCRIPTION OF THE SITE The site is currently developed with one single family residence and one decommissioned residence. The property appears to have positive drainage and is a mix of graded areas and native vegetation with moderate slopes. Canyon Creek runs through the property and all structures are proposed to be at least 35 feet back from ordinary high water mark. In addition, approximately 31 acres of the 35.59 acre property is conserved by a Conservation Easement held by the Aspen Valley Land Trust. Uses within 1500 feet include primarily residential and agricultural. Vicinity Map Subject Parcel City of Glenwood Springs 2 Aerial View of Subject Property 3 Site Plan 4 III. WAIVER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the Standards. IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural zone district as requiring Administrative 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. These waiver requests are from submittal requirements included an improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. 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. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 4): Mr. Hale noted that "The well failed drinking water standards for Total Coliform and E. Coli. The Applicant should discuss how this will be remedied and provide retesting and verification that the well meets this requirement." B. Colorado Division of Water Resources (DWR) (Exhibit 5): According to our records, Well Permit No. 169169 was issued on March 26, 1993 as the only well on a 35+ acre parcel described as a portion of the SW 1 4 of Sec 24, Twp. 5 South, Rng. 90 West of the 6th P M, Garfield County. The use of groundwater from the well is limited to ordinary household purposes inside two (2) single family dwellings fire protection, the watering of poultry, domestic animals and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. The pumping rate of this well shall not exceed 15 gpm. The well was constructed on July 5 1, 1993 and the permit is valid. The applicant's proposal indicates that the well currently serves a single family residence. The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. As long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving the proposed ADU. C. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns with the request. D. Aspen Valley Land Trust (AVLT) (Exhibit 6): The letter from AVLT indicates that "as long as the actions being proposed are contained within the 1.252acre building envelope that is excluded from the terms of the conservation easement (see attached survey), then the Aspen Valley Land Trust does not have any objections to this application." VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is in general conformance with the dimensional standards for the Rural zone district. The property currently has one primary dwelling unit on the property. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The County Comprehensive Plan identifies the property as Residential Medium High Density (2-6 acres per dwelling unit). As the property is over 30 acres, the residential density identified within the Comprehensive Plan would be satisfied including the ADU. 3. Section 7-103: Compatibility The proposed use is located in a rural area and is unlikely to significantly alter or impact this character of the area. The areas surrounding the subject property are predominantly residential and agricultural in nature. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADU is to be served by an existing well on the property. This well, Permit Number 169169, states that "The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, fire protection, the watering of 6 poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns". Referral comments received from the Division of Water Resources (See Exhibit 5) indicate that "The use of groundwater from the well is limited to ordinary household purposes inside two (2) single family dwellings fire protection, the watering of poultry, domestic animals and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. The pumping rate of this well shall not exceed 15 gpm. The well was constructed on July 1, 1993 and the permit is valid...The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. As long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving the proposed ADU." Referral comments were also received from the Garfield County designated engineer who noted that "The well failed drinking water standards for Total Coliform and E. Coli. The Applicant should discuss how this will be remedied and provide retesting and verification that the well meets this requirement." As a result, Staff recommends a condition of approval that the Applicant provide an explanation as to the method by which the water will be treated in order to bring the drinking water into compliance with the identified standards. Following installation of the treatment device, the water should be retested for Total Coliform and E. Coli to verify that the water meets the recognized drinking water standards. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant is proposing to utilize an existing Onsite Wastewater Treatment System (OWTS) for the proposed ADU. The Applicant has provided evidence that the existing OWTS is adequate to serve the existing dwelling unit as well as the decommissioned dwelling unit. 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (see attached). Wyatt Keesbery of Garfield County Road and Bridge indicated Road and Bridge has no concerns with the proposed ADU. b. The Applicant has stated that the driveway and private access roads meet the design standards found in Section 7-107. 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcel. 7 9. Section 7-109: Fire Protection The impact area within the subject parcel has been identified as having a Moderate level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. The parcel is located within the Glenwood Springs Fire Department service area. The application was referred to the Glenwood Springs Fire Department, however no comments were received. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The proposed development is an existing dwelling unit on the subject property. It is not anticipated that the proposed development would adversely affect neighboring agricultural uses or agricultural uses on the subject parcel. 11. Section 7-202 Wildlife Habitat Areas The ADU is expected to have impacts on wildlife similar to a single family dwelling unit. Roughly 31 of the 35.59 acre property is conserved through an easement held by the Aspen Valley Land Trust. All development is to occur within an area outside this conservation easement within the same property. As a result, no significant impact to wildlife habitat is expected. 12. Section 7-203 Protection of Waterbodies The ADU has been constructed more than the required 35 feet from ordinary high water mark from Canyon Creek. As a result, this standard is satisfied and no excessive impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage from the property. As the driveways are currently in place, no significant change to the topography or drainage from the property is expected. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The impact area of the subject property is identified as Moderate according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys are known to 8 exist on the property. As a result, it is Staff's opinion that the wildfire hazard in this area is within manageable levels. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the dwelling unit to be designated as the ADU is existing. Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The ADU use is generally compatible with surrounding residential land uses. In addition, the property is encumbered with a conservation easement held by AVLT (See Exhibit 6). AVLT has indicated that as long as the development occurs within the designated envelope, then AVLT has no objections. Following a review of the proposed plans and the letter from AVLT, it appears the ADU will be within the designated building envelope. To this end, it is Staff's opinion that the ADU is compatible with the AVLT conservation easement. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-304. 22. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards. 9 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area: As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet. Staff suggests a condition of approval that the ADU be limited to 3,000 square feet or Tess in size. 25. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 26. Compliance with Building Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County for future development. 27. Minimum Lot Area: The Applicant has 35.59 acres and as a result the minimum lot area requirement of at least 2 acres in the Rural zone district is satisfied. 28. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU as it exists will comply with this standard. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the Craig ADU application. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 10 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Suggested Conditions of Approval Conditions Prior to Issuance of the Land Use Change Permit: 1. The Applicant shall provide an explanation as to the method by which the drinking water will be treated in order to bring the drinking water into compliance with the EPA primary drinking water standards. Following installation of the treatment device, the water shall be retested for Total Coliform and E. Coli to verify that the water meets the recognized drinking water standards. The explanation of the treatment method and retest results shall be reviewed and accepted by the Garfield County designated engineer prior to issuance of the Land Use Change Permit. Conditions of Approval: 2. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 3. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 4. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 5. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for modifications and/or expansions to the ADU structure. 6. 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. 7. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 11 b s EXHIBIT i Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. i My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the t day of ) i. ►--t , 2016. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. \/ All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] LC 1,1;ta ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of , 2016. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signature: „ ` 2A.; 1 Date: G- ✓a—iCs 7016 0600 SILT, CO 31652 Certified Mail Fee Extra Services & Fees (check box, add rep a; JJ Returr, Receipt (loarecobl, $ - Return Receipt (eectronici $ -4- 44;141--- 7 Certified Malt Restricted Delivery $ jr_vt_;_ti 0 Adult Signature Required $ .ear 0 fT Adult Signature Restricted Delivery $ _tn • ',Dotage (a: $0.47 Total Postage and Fees z tratark 1I 1:-... , , •.) -, , ,. . ' .,•,-.. ---cro-ii.5/..7;if.6 `,....:" ?..L; \-2.- To Sfet an A t. No. te o /P4.4 ox No. fr r allet • \Gk... t PS Form 3800, April 2015 PSN 7530.02400-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cone. L 000 SPRINGS CO 81 !Certified Mall Fee $3.30 • Extra Services & Fees (check box, add Return Receipt (hardcopy) 0 Return Receipt (electronic) DCertif[ed Mall Restricted Delivery $ 0 Adult Signature Required Adult Signature Restricted Delivery $ 'Postage $0.47 Total Postage and Fees $�. o i• Postmark 7 Mir° vi i c(_.-1)4t7t1 l4(NN.Ck v<— .-N- i Po- );-.k PS Form 3800, April 2015 PSN 7536.02.000-9047. See Reverse for Instructions 1. 11 e, P Ste U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our wetnit. vw.omusps.como. SILT CO 31652 ertified Mail Fee $3.30 Extra Services & Fees (check box, a d lee 4, prolate; 0 Return Receipt thardcopy) $1-ai0.1:1 0 Certified Mall Restncted Delivery i •$ 1\\:04Hstenorearko 0 Return Receipt (electronic) $ -- SO— - 11 . ,.i Adult Signature Requ$red ' ,., t , ,/ r-- 0 Adutt Signature Restncted Delivery s.,.. ?,,,„v,.., / (11 Postage $0.47 \s% 064F.41-011; Total Postage end Fees $6.47 -(Vtift CUU 8 24) AY‘Orytt, ft - PS Form 38CO3 April 2015 PSN 753602-000-9047 See Reverse for Instructions rR D 1115 0705 D -13 r -R ,13 D Lfl r -R rR rR 7016 0600 0000 Mall Only • For delivery information, visit -,_ GLENWOOD SPRINGS CO HC.ertified Mail Fee se?- Extra Services & Fees 'check box, eda 0 Return Receipt (hardcopy) EJ Return Receipt (electronic) • riCerufiec Mari Restncied Deihrery Ti Adult :SigP.Thlre Pequ,ed 1.1,Oduit Signature Restrlotert Pstage EXHIBIT CI 5 tsvP, JL'LLi _ 04:4 - Pcsrmark $ - - , csit -nttl \\clic Here 0 /21/./Z4 • ) ' $0 . 47 Total Postage and Fees $6.47 1 op+.1' tl-{C/L r,ox 4e )1•1') PS Form 3800. AprIl 2015 PSN753002-000-9047 U.S. Postal ServiceTM See Reverse for Instruction • CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website et www.usps.cone'. GLENWOOD SPRINGS? C 9/61 °N. Certified Mail Fee $3.30• :•,j; Extra Services & Fees f'dheck box, add 1 Return Receipt ,liardcbCrY( 0 Return Receipt (electronic) Certified Mail Restricted Delivery $ El Adult Signature Required • !1Aduii Signature Restricted Delivery Postage $1:1 . 47 :Total Postage and Fees $6.47 P,er 'yoltikt_i , , trr2trr7A-, NO , r 6 o; tilt_ ,ZIP4-4 at ,.....c.t._ . 0 i ft 1.,(l PS Form 3800, April 2015 PSN 7530-02-000-904; See Reverse for ',biro :ion, 6 U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website wivw.usps.com". BELLAIRE ? TX 77402 ertified Mail Fee xtra Services & Fees (check box, add WV [I] Return Receipt lbaracepy) $ • E Return Receipt electronic) Li Certified Mail Restricted Delivery $ Adult Signature Required AduP Li .L SignatureRestricted Delivery $ !Postage $0.47 Total Postage and Fees $6.. Set °•troot FAO Apt otC- P Sta „! ZIP 4 0532 1, INtM SOZ, Dsirnark Here `4'05/2tte- David Pesnichak From: Wyatt Keesbery Sent: Tuesday, June 21, 2016 3:50 PM To: David Pesnichak Subject: RE: Craig - ADU - Referral No issues from Road and Bridge. Wyatt EXHIBIT From: David Pesnichak Sent: Tuesday, June 21, 2016 3:17 PM To: Wyatt Keesbery; Kelly Cave; Sullivan - DNR, Megan; Chris Hale; msenor@blm.gov; rbiggers@ci.glenwood- springs.co.us; connor@avlt.org Subject: Craig - ADU - Referral Hello, The Garfield County Community Development Department has received an application for an Accessory Dwelling Unit (ADU) on at 35.59 acre parcel located at 1546 Canyon Creek Road (CR 137), Glenwood Springs and generally located 7.5 miles west of the City of Glenwood Springs. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by Tuesday July 12, 2016. To access the application, go to: http://records.garfield- county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch Search for "Permit Number (File No.)": GAPA-04-16-8451 Thank You! David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 Bch St Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 dpesnichak@garfield-county.com http://www.garfield-county.com/community-development/ Garfield County July 05, 2016 Mr. David Pesnichak Garfield County Planning 108 8°i Street, Suite 401 Glenwood Springs, CO 81601 MOUNT/II ENGINEERING, INC. CMI and Environmental Consulting and Design EXHIBIT RE: Review of the Craig ADU Application: GAPA-04-16-8451 Dear David: This office has performed a review of the documents provided for the Craig Accessory Dwelling Unit application. The submittal was found to be thorough and well organized. The following comment was generated: • The well failed drinking water standards for Total Coliform and E. Coli. The Applicant should discuss how this will be remedied and provide retesting and verification that the well meets this requirement. Feel free to call if you have any questions or comments. Sincerely, Mount. in Cross Engi ee ing, Inc. 826 '/a Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 EXHIBIT 1 \c MEMORANDUM Date: July 12, 2016 To: David Pesnichak, Garfield County, Community Development Department From: Megan Sullivan, P.E., Water Resource Engineer Re: Craig Accessory Dwelling Unit; GAPA-04-16-8451 • We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of 35.59 acres, located in the SW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M, at 1546 Canyon Creek Road (CR 137), Glenwood Springs, CO. The property currently has an existing 600 square foot single family residence, access road and utilities in place. The applicants received a building permit in 2015 to build a garage with another dwelling space above it. From the submitted information, it appears this dwelling space is the proposed ADU. The applicant does not propose to create a new lot or change the size of the existing lot. The current water supply to the lot is provided by a well, currently permitted under Permit No. 169169, which the applicant has indicated would be shared between the single family dwelling and the ADU. The applicant proposes to also utilize an existing septic system and leach field that currently serves the single family dwelling, for the ADU. According to our records, Well Permit No. 169169 was issued on March 26, 1993 as the only well on a 35+ acre parcel described as a portion of the SW 1 4 of Sec 24, Twp. 5 South, Rng. 90 West of the 6th P M, Garfield County. The use of groundwater from the well is limited to ordinary household purposes inside two (2) single family dwellings fire protection, the watering of poultry, domestic animals and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. The pumping rate of this well shall not exceed 15 gpm. The well was constructed on July 1, 1993 and the permit is valid. The applicant's proposal indicates that the well currently serves a single family residence. The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. As long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving the proposed ADU. Note, the current permit allows the well to be used for ordinary household purposes inside two (2) single family dwellings. However, per State Engineer's Policy 93-4, the owner of the well permit could request the use of the well to be amended to allow the well to be used for the maximum uses allowed under the statute, namely use in up to three (3) single family dwellings. Such a request must be made in writing to the State Engineer's Office however, no fee is required. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Board of Directors Jim Cardamene President Fred Lodge Vice -President Gary Knaus Secretary Dan Brumbaugh Treasurer Jeanne Dorernus Bill Kane Amy Daley. Krick Matt Sturgeon Staff Suzanne Stephens Executive Director Melissa Sumera Operations Director Dave Erickson Stewardship Director Erin Quinn Conservation Director Valery Kelly Development Director ASPEN VALLEY LAND TRUST Saving the best ... to last July 12, 2016 David Pesnichak, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: AVLT Comments Regarding Permit No. GAPA-04-16-8451 Dear David, EXHIBIT This letter is in regards to an Application for an ADU at a parcel located at 1546 Canyon Creek Road (CR 137). The majority of this property is under conservation easement with the Aspen Valley Land Trust (Reception No. — 689218, Recorded 12/28/2005). Specifically excluded from the terms of this conservation easement is a 1.252 acre+ building envelope that is depicted on the attached survey. This excluded building envelope is referenced in Section 6.1 of the conservation easement deed and the attached survey represents Exhibit D (see below): 6.1. Building Rights. Grantor shall not construct, improve, place, or replace any other buildings, structures, camping accommodations, mobile homes, parking lots, or billboards. This restriction affects only the Property the subject of this Deed of Conservation Easement in Gross described on Exhibit A and does not affect any adjoining property owned by Grantor as depicted on the Property survey as the Building Envelope attached hereto and incorporated herein as Exhibit D. As long as the actions being proposed are contained within the 1.252 acre+ building envelope that is excluded from the terms of the conservation easement (see attached survey), then the Aspen Valley Land Trust does not have any objections to this application. Sincerely, Dave Erickson Stewardship Director Aspen Valley Land Trust, 320 Main Street, Suite 204, Carbondale, CO 81623 tel:970/963.8440 fax:970/963.8441 email: avlt@avlt.org www.avlt.org GRAPHIC SCALE REI IAA " 166 6. BOUNDARY SURVEY A Parcel of Land Situate in the SW1/4 of Section 24, Township 5 South, Range 90 West of the 6th P.M., 3' n' County of Garfield, State of Colorado /-Courlfy Road No. 137 N swalr 0.3121. g..¢140;..„..., (722 F " A_ 867,1, IV FW, T T 'A/ niul6g j''� v.ro.✓-11 PROPERTY DESCRIPTION A PARCEL OF UM SITUATE IN TIESIY,Y4 OP =LION 24, TOWNSHIP S SWIM. RANGE W WEST OF THE 6TH PAL, CODNTY00822IED, STATE OF COLORADO. 8NDPARC21 OF ND BEING A FoRTIoN of 'THE ',Axon OP LAND As DEsCRIBE n EiGn IC FRED TA H TM CLERNND RECGROL'RS• DAME UY GARFIELD I , RACE 117.1 ASODLORADo. SAID PARCEL OF LAAO BEIND MORE PARTC98ARLY DESCRIBED AS ;DEG REE COMIENCING The AVERT ficORNER DE END SCTON24, ADLMALUIRU0 CAP IN PLACE: OF LAND 22,2eE 2121.55 FEET TO A puff FON THE 1)3 7041 LINTOF SAID AS DESCRIBED M HOOK e31, PAGE 873: THE TRUE POMTOF B§O_Mc; THENCE ALONO END NORTHERLY LINE ESVD.S. WA MBEs B6671 THENCE DEPARTING SVD NGETHERLY LINE S0S'38R5•W33,17 MVP] A MAY TON THE SDNHERLY LINE OF SAID PARCEL IF LAND; MERMAID. SAID EGTHERLYLINE 1]O me PONT OF BEGINN N NAG wn PAARR.AID SOUTHERLY . OF uNDD RIES CONING 1 ]s2 ACRES, d ORE OR Less TGDCTH881010A STRIP OFUND 30 FES TIN WENN FOP INE FIAMBEOFANACM, AND LOM.ITY 07007778675AE IN THE SWI/44F SECT= 24, TOWNSHIP sSCRIM 10 RANGE O (VEST OF THE 6TH PJ L, MINTY OF GARFIELD• STAEOF COLORADO, SAID ,STRIP or LAND BLIND STUN E WITHIN APARCEL OF LAND AS DESCRIBED IN DOW SW, RADE B7.3 AS FILED =II Me fa=AND RECORDERS OKICE O' GARFIELD COUNTY, OLORADO. SAID STRIP OFLAITDLTMT IS Mt EACH SIDS OF MS FOLLOWING DESCRIBED CENTERLINE COMMENCING AT THE WESTO GORR£R OF SAID EECITON24, ABUJ Ah00O0 UM CAP IN ELACE' THENC4841.2YST•s 2030.29 FEET TO A MINTON THE WESTERLY LINE DF SAID PARCEL OF LAND AS DESCRIBED IN SODS 591, PAOE ST; THE TRUE Po=OF BGONMNO. THENCE MPARTINO SAID WESTERLY LINO SB4•S110•61ER11 F1/61-113 1701 1 POIATOF ERMMVS T WHENCE THE NEST N CORNER OF BECTON 24 REARS N40.4245 •IV 2136.95 PEST. TN0ET700 WSTHA STRIP aFLAND 3D FEE 00 WIDTH P0PPUR� 700AC 2 -ss T NT. mm047010TH6 SWI/4 GP SEC11ON 24, TOW 90 oF PNTY0104RPIBLD. 0TAE O OF 00080ADSAID STRIP OF LVID BEING SI117AE NWT NA MRCS/ O'UND AS10/200DESCRIBE 0 M OR BOBSI. PAGE 87.9AAI FILED WITH ¢SRX AND REC0RDR'E OFFICE OFGARFIELD COUNTY. O'1LCW A0O SAID STRIP OF D L)MG 15 FEET To EACH EDS OF 722 FOLLOWING DEVOURED E' CENTERLINLAX NOVO AT THE WEST =BS? OF END SEQION A BUJ ALUMINUM CAP IN PUCE THENCE DEW.' 08.0 2126.52 FEET TO AftYNT ON MT WESTER, LME OF SAID PARCEL oFRAND As DES'ODED Iry malt 01. PAGE E73, THE TRU=LNT OF BEGIAWINO: DEPARTING SAID WESTERLYMNE SBI'OT'b•E 2:17.8.52:17.8.5PEETTO THE KENT"; TERMMIN 4 WHENCE THE E•EST, CORNERO SAID SECTION 34 DEARS N4042.2= 2294.110 FEET. Triozr N.,N,.. SRR•. 862.92 Book 831, Page 873 35.136 Acres± (overall) NOTES LI BASIS OF BEARINGS MR RNIB SURVEY ISA BEARNO OF PL00030E BETWEEN TAE WEST1/1 CONNER 21007TON24, A Bugg500472M GP INPLACE AND THE sono Lr ANGLE POINT OFSUBIECTPROPERT; A 45 REHAB IN PLACE, AS SHOWN HEREON. 2) OATH OP SURVEY NAS0CNBER 10, EGOS. ; THIS SURVEY IS BASED ON DOCULIENTS OF RECORD AND MTNU 0NT5 FOUND M PLACE AS MING= HEREON. 4.) THIS BOUNDARY SURVEY ESNs PREPARED WITHOUT B0NEPTTo.A CURIUM.= COATAVTAIENTMD DOES NOT REPRESENTA TILE SEARCH BY THIS SURVEYOR OR BODRCLIFFSURVEY SERVICES, MC. OF ME PROPERTY SHOWN roDSMUM OWNERSHIP. CDNPATTBILTTY WITHALVOMINO PARCELS. OR EASEMENTS OR ENCLIMBRANE3 OFRECCRD AFFECTING THIS PARCEL SJ THIS BOUNDARY SURVEY DOER NOT REPRESENT ARV OTHER TYPO OP SURVEY KOH AS SCATETC LdIPROIRMENT SUR ISTNG CONDTGNS DR DOROVELH£NTLOCATION CERTIFI 6 ACCORDING 713 COLORADO LAW YOU COMMENCE ANY LEOAC ACTION NAM UPON DEFECT IN.1 S080 SURVEY WITHIN TIMES AFTER YOU FRSTDLSNVER SUCH DEFECT. M NOEVENTANY ACTION BASED S UONANY WELT IN MIS SURVEY Bfi COMMENCED MORE THAN TEN YEARS PROM THEME OF CERTIFICATION SHOWN HEREON. SURVEYOR'S STATEMENT REGIMES° URD SURVEYOR LICENSED UNDER THE LAWS OF ME STATE OP DO HEREBY CERTIF MATTE SURVEY SHOWN HEREON W': Ag AAE DECEMBER IR 200S ET He OR UNDER BY DIRECT UPERVIS �' , STAT THE MAP ISA EU6 RRFREEENTAGGN FCJ ON SERA Boor¢WFsrmvrr SEATTOI NO. 96572 N BBVT35'E 321.22 0017 01 9113 ILL 001012/1 Bao•ECT NO. 06178-01 SHEET 1 or