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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 a) t{ a\ Nd,n/L/r"/fu +l*l,r Glenn Hartmann Director Commu nity DeveloPment D ate 1 EXHIBIT "A'' LEGAL DESCRIPTION E}ffiISIT A r. s&:ttrsIJ OF tarln S!ffi*ilE tH fFE l, SECTtrSl{ t?, SEtflfrS*IF ? FStEf,t. fin*BE' €B t{Bs" tli fEt SIrXg tnll*CtdRlr fiS.**SEfillt eclE!firltr BF fii$FfglJs' *tret8 0'F f,AISFISc' EEEI{E llDf$ lI,$t"lCOIrlRLY IEgf,ItIFXD AE FOITI,'oHAT EgcIH!,IIile AE *, FOInIF ES.t6$ f*F r""5. ??3{ I$ }LltCE FOq ffiE t$}f;,Xffifr.Sr f&FtfER op t3p.ynpll 15, 3+IttIFlrIF T llotff€, Rfir|BE 5g ttEgt. ffiISUES t FqEtD ts,f.,11. il.qXllint enEt rr{ FLhCE p$tt lau E'LS" l/* SOetsEe BSB SafE gECf,IsI{ gg EEIRII $ 00 astrBEFs ??rgln fi h ptsrhrcE 6F d6??, ES FHE!. I*ttB $r,r" E5**lrl69 csxr*rugi' EsssrH BErlrs RET,AT$M f;EES9T6r "!IE!Igg I sg DEGHSES E?r51n € fr,L#brs rlsE Ere? [n'rE *F 5.f,I9 SECtXO!{ 39 n l}rstfrJftrE op ?sl.?d scglt to e EoIbm oti EHC D[d*TrfEES?ERf,r XIUIIT oF tfRf Fon coLoffipq g*itts KIcB?{Af fco. 6tr rSt}lCE PIJfiHA nls rmfffSE}FTEELY RIS&f Sr HAY Lrt{E Sgfi S*s$ cor,Enlso $?,K53 Ardfi$rY }ro" 82 IEE F0["&Slif;fi{c 5 eouRSEBr 1l zB-Ll r*S? rIfi$fG I'${tr &&'s Ar & cSRYs eOnCAV I(}:fflE 5u6fifirEst, flAVI:{G * a.hsI0s QF 3q65"08 SEET B.bltr ?rt{ogl! c?InF.& 3tseRe i,N 38 t}EBKusS 41t5g" 1{ A FgSfAr{C4 OF TF,}1 FEET; sl H te nEGanEs +*'i16" ?l "B 8lFTrHLle 0rr 3tr0.{{} FEBf,1 !l !{ 39 DE0BSES i$'+6n tt A EISEI!@CE OS 3f0.t0 rffitr *! !r ?5 ppg8sE$ i33!{fir t{ fr BISTrlt'lt* qF 305.rs FESTr 5l $l 52 DEGS,A!iS 5Z;I'3F n & El$trnsne rF 1s5,*6 t€rr r0 i PsIffr OH ?lIS $f$ri{ LXffir OF 5&rD $ltlirlSll t9r 'tfiEr{c-.&,,,,,,,,,,,,,, $ t$ bEdnsE6 i.3i5iF u ltrIo$€ lTiB ll6Rtlt [ffg sF 6[F SSCfISU 39 e BTETI}1eE OT 6?1.'{ FEET M TNTS FCItrliT OF FEBIITIII}Ifi ASry!?EY glr GlStrIEIlE E?hfE Op Cor.of,A!{ 2 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' aJ 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. 4 5 EXHIBIT ,,C" SITE PLAN e*# .{ (L n.q d-:r to {a I I !It 1*3{'I *{" \Y:Fr*t?-i\-V.1 ctt+t.*E-s+ '"* <'i, *, a, $1sf$.s* S1 t r|{I":sh:"{*Ogr\t |.t lt\\ tI-n-t rf- s*fis { * lr,*l 6*t- nffirmu r00ul*$llt ,fiMilr {'t- l ,l rl -iirl t? "il '}o 4 r!;lFl;$, t{ ,t 1{ .{r )E (dl! *' $Lt+.if :r *qi I* ;JT-*. il,] ^-'G.lf.avt st k:*'u =.ifr\-f\f\ ,rl '-t.rr : ;t-r -Jr3 ' c6 ;.E:r'j I? .rt i{ r'4.)* LIJ ; t -"<" {f $t. .\ IJ rl F ffi CTL ITHOMPSON :.,.i!!lr,iE.t;ra :-', i:3: , 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. a O a a 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 ffi 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 \ L+James D. Kellogg ,P ncipal Engineer MUSHROOM RUUK PARTNERSHIP, LLC 10211 HIGHWAY 82 CTLIT PROJECT NO. cS06271.000-105 38298II I Page 2 ot 2