HomeMy WebLinkAboutLand Use Change Permit-GAPA-8997LAND USE CHANGE PERMIT
for
PROPERTY OWNED BY MUSHROOM ROCK PARTNERSHIP LLC, LOCATED AT
10211HIGHWAY 82, CARBONDALE, CO, IN SECTION 29, TOWNSHIP 7 SOUTH,
RANGE 88 WEST AND MORE FULLY DESCRIBED IN THE LEGAL DESCRIPTION
ATTACHED AS EXHIBIT A
PARCEL NO. 2393-291-00-1 59
File No. GAPA-O1 -24-8997
ln accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code, as amended, and the Director's Decision Letter dated April 4,
2024, the Director of the Community Development Department hereby authorizes the
following activity:
A SUBSTANTIAL MODIFICATION/AMENDMENT TO AN ADMINISTRATIVE
LAND USE CHANGE PERMIT APPROVING A REDESIGNATION OF THE
uNtTs oN THE SITE AND APPROVING A SECONPARY DWELLING UNIT
This Land Use Change Permit is issued subject to the conditions set forth in
Exhibit B, the Site Plan included as Exhibit C, and the Director's Decision issued
on April 4,2024 and July 17,2023 and shall be valid only during compliance with
such conditions and other applicable provisions of the Land Use and
Development Code, as amended, Building Code, and other regulations of the
Board of County Commissioners of Garfield County, Colorado.
COMMUN ITY DEVELOPMENT DEPARTMENT
GARFIELD COUNTY, COLORADO
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EXHIBIT "A''
LEGAL DESCRIPTION
E}ffiISIT A
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EXHIBIT "B'n (page 1 of 2l
CONDITIONS OF APPROVAL
1. That 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.
2. The current Land Use Change Permit is rescinded and replaced in its entirely by the Substantial
Modification to permit a Secondary Dwelling Unit.
3. The original Accessory Dwelling Unit shall be designated as the Primary Dwelling Unit and the
original erimary-Owelling Unit inatt Oe designated as a Secondary Dwelling Unit all as further documented
on'the revised site plan. the revised site plan shall be attached as an Exhibit to the Director's Decision
Letter.
4. previous conditions of approval shall remain in effect with minor edits to reflect the primary dwelling
unit re-designation and the Secondary Dwelling Unit as outlined below;
A. All representation of the Applicant contained in the application shall be considered conditions of
approval unless specifically modified by the Board of County Commissioners.
B. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-
701, Accessory Dwelling Units and Secondary Dwelling Unit, of the Land Use and Development
Code of2013, as amended.
C. The Floor Area for the Secondary Dwelling Unit shall not exceed 3,000 square feet.
D. The Secondary Dwelling Unit shall be subject to all Garfield County Building Code Requirements.
The property owner shall obtain all necessary Garfield County Building Permits prior to construction
of the Secondary Dwelling Unit structure.
E. 41 exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting
Standards, oflhe Land Use and Development Code of 2013, as amended.
F. A Secondary Dwelling Unit is restricted to leasehold interest in the dwelling unit and is for residential
or Home Ofiice/Business use only, as described in the Land Use and Development Code o12013,
as amended.
G. The Applicant shall obtain an Onsite Wastewater Treatment System (OWTS) permit prior to
installation of the wastewater system.
H. The driveway to the Secondary Dwelling Unit shall be constructed to comply with standards outlined
in Section T-107, Access and Roadways, of the Land Use and Development Code of 2013'
Specifically, the driveway shall comply with the dimensional standards in Table 7-107, Roadway
Standards, for the Primitive / Driveway category'
l. The property owner shall maintain a defensible space around the primary dwelling Unit and
SecohOary Dwelling unit following the standards of the Colorado State For:est Service including
consultation of the State Firewise Construction guidelines'
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EXHIBIT "8" (page 2 of 2l
CONDITIONS OF APPROVAL
J. ln order to reduce possible bear conflicts, it is recommended that the property owner follow bear-
aware practices as prescribed by Colorado Parks and Wildlife including, but not limited to: feeding
pets indoors and storing pet-food indoors, using bear-proof trash containers and only placing trash
outside during day of pick-up, avoiding fruit, berry, and nut producing plant species for landscaping,
and routinely cleaning BBQ grills.
K. ln order to ensure that any rockfall, slope issues, grading and drainage, and/or other natural
hazards are appropriately mitigated, the property owner shall conduct the following analyses, and
shall be submitted with the Building Permit for the primary dwelling and Secondary Dwelling Unit.
These studies shall be conducted by a professional engineer licensed in the State of Colorado. All
mitigation measures recommended as a part of these studies shall be identified in the Building
Permit application and shall be executed at the time of construction of the primary dwelling and
Secondary Dwelling Unit. ln addition, the analysis conducted for reclamation and revegetation
shall be reviewed by the Garfield County Vegetation Manager who shall make a recommendation
regarding any necessary revegetation security.
a) Conduct a geotechnical study with a geohazards analysis to address possible rockfall and
other hazards at the identified primary dwelling and Secondary Dwelling Unit locations;
and,
b) Conduct an analysis as to how the slope hazards, which have been identified at20% - 30%
will be mitigated to meet the requirements of Section 7-207(F)(1) of the Land Use and
Development Code of,2013; and,c) Conduct a detailed analysis of how the grading and drainage on the site will be impacted
by the primary dwelling and Secondary Dwelling Unit and other hazard mitigation
structures. This analysis shall also include any necessary erosion control measures to be' taken; and,
d) Conduct an analysis of the overall disturbance area (location and amount of disturbance)
around the primary dwelling and Secondary Dwelling Unit, driveway, as weil as from the
construction area and placement location of any necessary hazardldrainage mitigation
structures. This analysis shall include reclamation and revegetation measures that will be
taken to secure the slopes both during and following disturbance of these areas.
5. The Applicant shall comply with all previous recommendations of the Geotechnical Engineers
regarding hazards for the site. ln addition, the Applicant shall provide an updated Geotechnical reporUletter
to confirm the previous findings of Low Hazard still apply for the site and that the assessment and finding
apply to the northerly original home site location now designated for the Secondary Dwelling Unit. Should
the reporUletter include additional or new mitigation recommendations the Applicant shall comply with and
install the recommended mitigation prior to issuance of a new Certificate of Occupancy associated with the
current building permit application.
6. The Applicant shall provide a copy of a domestic well permit issued for the site, to document the
legal water supply. Re-testing for water quality is recommended.
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EXHIBIT ,,C"
SITE PLAN
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ffi CTL ITHOMPSON
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April 19,2024
Mushroom Rock Partnership, LLC
PO Box 1799
Carbondale, Colorado 81623
Attention: Monica Edelman
Subject:Geologic Hazard Evaluation
10211 Highway 82
Garfield County, Colorado
Project No. GS0627 1-105
CTLlThompson, lnc. (CTLIT) performed a geologic hazard evaluation (letter dated Sep-
tember 18, 2018) of the property addressed as 10211 Highway 82 in Garfield County, Colorado.
CTLIT judged the subject site was exposed to low risk of geologic hazards and that the identi-
fied risks did not require mitigation. ln a letter dated April 4, 2024, Garfield County requested
that Mushroom Rock Partnership, LLC obtain CTLIT's opinion on whether the flndings in our let-
ter remain valid for the two residences on the property.
James Kellogg, P.E., of CTLIT visited the site on April 12,2024. The purpose of our visit
was to observe site conditions and evaluate the risk of geologic hazards to the buildings. The
hazards were identified in oUr previous evaluation. Our observations and opinions,are summa-
rized below.
We observed conditions in the incised drainages that were discussed in our previous let-
ter. There was no evidence of recent mudflows or debris flows and the drainages remain
capable of carrying significant flows. Observations of shallow drainage swales near the
residences and driveways showed no evidence of erosive flow. We judge the risk is low
for mudflows and/or debris flows that would affect the residences.
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We found no evidence of recent rockfall near the residences. Furthermore, the slope of
the property is gentle to moderate for at least 100 feet above the buildings and tree
cover is generally dense. We judge the risk is low for rockfall that would affect the resi-
dences on the property.
Slopes well-above the residences are progressively steeper toward the base of the Ma-
roon Formation sandstone cliffs. We observed no evidence of slope instability, such as
scarps, that could affect the buildings. We judge the risk is low for slope stability failures,
such as landslides or earthflows, that would affect the residences.
Geologic faults near the subject property are considered inactive. We judge the need for
mitigation is no greater than other similar sites in the Roaring Fork Valley.
CTLlThompson. lnc.
Denver, Fort Collins, Colorado Sprinqs, Glenwood Springs, Pueblo, Summit Countv - Colorado
Chevenne, Wyoming and Bozeman, Montana
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ln summary, CTLIT opines that the residences on the subject property are exposed to
low risk of geologic hazards. Please contact us if you have questions or need additional infor-
mation.
cTLITHOMPSON,tNc
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L+James D. Kellogg ,P
ncipal Engineer
MUSHROOM RUUK PARTNERSHIP, LLC
10211 HIGHWAY 82
CTLIT PROJECT NO. cS06271.000-105
38298II
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