HomeMy WebLinkAbout2.0 Staff Report DD 06.28.19Sills 5DU
GAPA-04-19-8724
612812019 - CD
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW Administrative Review - Land Use Change
Permit for a Secondary Dwelling Unit (SDU)
APPUCANT (OWNER)Christine Follin Sills, Jason Sills, Steven Follin
and Linda Rogers
Whit Whitaker
LOCATION 5345 County Road 100 Carbondale, CO
approximately 2.5 miles northeast of the
Town of Carbonda le
LEGAL DESCRIPTION Parcel C of the Hotch kiss-Lincicome
Exemption (Reception No. 903166), also
known by Assessor Parcel No. 2393-251-00-
150.
LOT SIZE 7.09 acres
ZONING Rural (R)
COMPREHENSIVE PLAN Residential Medium (6 to <10 aclDu)
RECOM MENDATION Approval with Conditions
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The Applicant is requesting a permit for a Secondary Dwelling Unit (SDU) on a 7.09-acre parcel of
land located within the Rural zone district. As the property is over 4 acres, the SDU is limited to
3,000 square feet. The improvements on the property are a single-family dwelling unit and
multiple agricultural accessory structures. The Applicant has indicated that the SDU will be a
separate structure of approximately 2,880 square feet in size built to the north of the existing
house. Access to the SDU will be a new driveway accessing off the existing driveway for the parcel
with access from County Road 100. Water will be provided from an existing well and an
engineered onsite wastewater treatment system will be built for the new residence.
The Applicant is requesting waivers from the submittal requirements for an lmprovements
Agreement and a Development Agreement. These requests are deemed appropriate for the
Application as the development will not be phased and no new public improvements are
proposed or required as a result of the application.
REPRESENTATIVE
Subject Parcel
County Rd 1O0
Highway 82
CARBONDALT
SDU Location
Existing House
Figure 1: Vicinity Map
Figure 2: Aerial View of Subject Property
The site is currently developed with a single-family residence and various agricultural accessory
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il.DESCRIPTION OF THE SITE
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structures. The building site for the SDU sits approximately 250 feet north of the existing house
and will be accessed via a new driveway accessing via the same driveway as the main house which
connects to County Road 100. This particular branch-off of the main County Road 100 is
considered a private road and is not maintained by Garfield County Road and Bridge. The site has
varying topo8raphy; vegetation consists primarily ofjuniper and cedar trees.
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Figure 3: Site Plon
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Proposed
SDU Location
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Figure 5: Proposed SDU Building Site
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Figure 4: Existing Residence
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A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code
designates a Secondary 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 as per
Section 4-202 of the Land Use and Development Code. These waiver requests are from
submittal requirements included in 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. Secondary Dwelling Units are also subject to Section
7-701. The standards are addressed in the Application submittals and in the Staff Analysis
section of this Staff Report.
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The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. No public comments were received in relation to the
application. Referral Comments received on the Application are attached as Exhibits and
summarized below:
A. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 7): Applicant
should address various issues concerning well permitting, water quality and quantity,
wastewater and grading and drainage.
B. Division of Water Resources (Exhibit 8): As long as the a pplicant does not exceed the uses
allowed under the permit and the well operates in accordance with the plan for
augmentation, there are no concerns or objections with the request.
D. Colorado Parks & Wildlife (Exhibit 10): Recommended multiple best management
practices including domestic animal control, trash management, wildlife feeding
recommendations and wild life-friend ly fencing.
E. Carbondale and Rural Fire Protection District (Exhibit 11): The development should
follow standard wildfire mitigation techniques.
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AUTHORITY . APPLICABTE REGUTATIONS
IV. PUBTIC ANO REFERRAL COMMENTS
C. Garfield County Chief Building Department (Exhibit 9): The new development must
follow applicable building and OWTS codes.
F. Basalt Water Conservancy District (Exhibit 12): The existing contract is active and current
on all fees and assessments.
G. carfield county vegetation Management (Exhibit 13): Plumeless thistle may be found in
the area. The applicant should provide a noxious week map and inventory of all Garfield
County listed noxious weeds as well as a weed management plan,
H. Garfield County Environmental Health (Exhibit 14): The applicant should obtain water
quality tests for the well; the OWTS should be designed and permitted according to
Garfield County regulation.
Article 7, Division 1: General Standards
Section 7-101: Compliance with Zone District Use Regulations
The property is in general compliance with zone District Regulations for the Rural zone District.
The proposal meets minimum lot area, maximum lot coverages and property setbacks.
Section 7-102: Conformance with comprehensive Plan and compliance with lGAs
The County Comprehensive Plan identifies the property as Residential Medium which provides a
suggested density of 6 to less than 10 acres per dwelling unit. The proposal adds an additional
dwelling unit to a 7-acre parcel of land which does not technically satisfy the Comprehensive
Plan's recommended density. However when looking at the housing density of the area as a
whole within a radius of one half mile, the recommended residential density of 6 to less than 10
acres per dwelling unit is more or less met. Surrounding parcels range in size from approximately
2 acres to 335 acres. ln addition, other surrounding properties within the same Comprehensive
Plan density designation have approved accessory dwelling units.
The addition of the SDU is also supported in the Comprehensive Plan's Housing section. Goal
N um ber 1 in Chapter 3, Section 2 is: 'To bring obout o ronge of housing types, costs, ond tenoncy
options that ensure for our current and future residents offordoble housing opportunities in sofe,
efficient resi dentio I structu re s".
Section 7-103: Compatibility
The proposed SDU is located in a rural residential area and is unlikely to significantly alter or
impact the character of the area. The parcel is adjacent to similar dispersed agricultural/rural
residential development on all sides. Two approved accessory dwelling units exist on properties
accessed by the same private road to the north and south.
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l. Garfield County Road and Bridge (Exhibit 15): No concerns or objections with the
request.
V.STAFF ANATYSIS AND CRITERIA
Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The addition of the secondary dwelling unit is allowed under the uses of the existing well permit
and water district contract. The SDU is to be served by an existing well on the property, Permit
Number 62797-F. The use of groundwater for the well is limited to 3 acre-feet per year for
ordinary household purposes inside two single-family dwelling units, the irrigation of not more
than one acre of home gardens and lawns and the watering of domestic animals. The applicant's
approved water allotment contract with the Basalt Water Conservancy District allows for two
single-family dwelling units. Referral comments from the Division of Water Resources indicated
no objection to the proposal as long as the uses of the well do not exceed those allowed under
the permit and that it operates in accordance with the plan for augmentation through Basalt
Water Conservancy District.
The Applicant requested that pump and water quality testing requirements be deferred until
after approval of the application. The application will therefore be required to conduct both a
pump test and water quality test on this well prior to issuance of the Land Use Change Permit.
These requirements are reflected in Condition of Approval #1.
Section 7-105: Adequate Central Water Distribution and Wastewater
The application indicates that the SDU will be served by a new engineered onsite wastewater
treatment system (OWTS) that will be designed and built prior to building permit. Referral
comments from Garfield County designated engineer indicated there was a need to provide
evidence that an OWTS is feasible on the site. Staff has included a condition of approval that,
prior to issuance of the Land Use Change Permit, the applicant must provide a statement from a
qualified professional indicating the feasibility of the OWTS for the new structure.
Section 7-106: Adequate Public Utilities
The applicant has represented that adequate public utilities exist at the property
Section 7-107: Access and Driveways
a. The parcel is accessed by a private driveway serving multiple surrounding parcels that
access from County Road 100 (Catherine Store Road). This particular branch-off of the
main County Road 100 is considered a private road and is not maintained by Garfield
County Road and Bridge. Because it was evadent that this driveway would not meet all
required County Roadway Standards, a roadway waiver prepared by a professional
engineer was submitted with the application. This report concludes that the addition of a
secondary dwelling unit will impose no greater impacts on the adjacent properties and
that the existing shared access driveway will remain functionally adequate and safe.
b. Staff has included a condition of approval that the proposed driveway for the SDU
accessing off the existing driveway within the parcel be built to, at a minimum, the
primitive driveway standards described in Table 7-107 of the Land Use and Development
Code.
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Figure 6: Access Rood from county Rood 100
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Figure 7: Access Drivewoy inside Porcel
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a. Legal access for the property is demonstrated via an easement recorded at Reception
Number 276571.
b. The Application was referred to Carbondale and Rural Fire Protection District who
indicated they had no issues or concerns over access.
c. The Application was referred to Garfield County Road and Bridge who indicated that they
had no issues with the application as it does not directly access County Road 100.
Section 7-108: Natural Hazards
No referral comments indicated the existence of any natural hazards on the property; Garfield
County hazard mapping layers did not identify any natural hazards.
Section 7-109: Fire Protection
The subject property is within a very high wildfire hazard area according to the Wildland Fire
Susceptibility lndex of the Community Wildfire Protection Plan. The site is currently within
relatively dense tree cover and will require moderate to significant thinning operations to create
a building site. The application was referred to the local fire district, who indicated that the
development should abide by the recom mended sta nda rds for wildfire mitigation in the Colorado
State Forest Service Quick Guide: "Creating Wildfire-Defensible Zones". Staff has added a
condition of approval that the applicant follow these guidelines as well as a standard condition
of approval that roof materials be comprised of noncombustible material.
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Figure 8: Fire Susceptibility
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Article 7, Division 2: General Resource Protection Standards
Section 7-201 Agricultural Lands
The proposed SDU is adjacent to existing residential uses and is not expected to adversely impact
agricultural uses. Based on the location of the development along with representations by the
Applicant, it is not anticipated that the proposed development would adversely affect any
neighboring agricultural uses on surrounding parcels.
Section 7-202 Wildlife Habitat Areas
The SDU is expected to have impacts on wildlife similar to a single-family dwelling unit. Referral
comments from Colorado Parks and Wildlife concluded that because the project is within a
dlsturbed area and will not significantly impact wildlife habitat, the effects on local wildlife should
be negligible. The agency did recommend various best management practices to avoid conflicts
with wildlife on the property including domestic animal control, trash management, wildlife
feeding recommendations and wild life-friendly fencing. Aspects of these recommendations have
been incorporated into the recommended conditions of approval.
Section 7-203 Protection of Waterbodies
As no waterbodies exist on the property, no impacts to wetlands or waterbodies are anticipated
Section 7-204 Drainage and Erosion
The Applicant has provided a soil and foundation investigation for the proposed residence
prepared by professional engineer that presented general recommendations for foundation
design, slab construction, retaininB walls, underdrain system and site grading and drainage.
Referral comments from Garfield County designated engineer indicated that more detail was
needed on the site plan to show the proposed grading and drainage around the proposed
dwelling unit. Staff has included a condition of approval that, prior to issuance of the Land Use
Change Permit, the applicant submit a grading and drainage plan from a qualified professional
verifying that the grading and drainage is practical.
Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project
Section 7-206 wildfire Hazards
See discussion in Section 7-109.
Section 7-207 Natural and Geologic Hazards
No referral comments indicated the existence of any natural hazards on the property; Garfield
County hazard mapping layers did not identify any natural hazards.
Section 7-208 Reclamation
No disturbance that would require reclamation is anticipated as a result of the proposal. The
disturbance area is expected to be similar to that of a single family dwelling unit.
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Article 7, Division 3, Site Planning and Development Standards
Section 7-301 Compatible Design
The design of development associated with the land use change shall be compatible with the
existing character of surrounding residential land uses.
Sectlon 7-302 Off- Street Parking and Loading Standards:
The Applicant has demonstrated through the site plan that adequate off-street parking exists for
the SDU and primary dwelling unit.
Sections 7-303 Landscaping Standards:
The LUDC specifically exempts SDUs from Landscaping Standards.
Section 7-304 Lighting:
Staff has recommended a condition of approval that any exterior lighting comply with the
standards outlined in Section 7-304.
Section 7-305 Snow Storage Standards:
There are adequate snow storage areas currently existing within the lot to meet minimum snow
storage standa rds.
Section 7-306 Trail and Walkway Standards:
No recreational or community facility access areas are proposed.
Article 7, Division 701.8 Secondary Dwelling Unit
Section 7-701.8.1 Maximum Floor Area:
The proposed SDU will not exceed the maximum of 3,000 square feet in size permitted in this
zone district.
Section 7-701.B.2. Ownership Restriction:
The Applicant understands that the SDU is restricted to leasehold interests and may be used for
residential purposes only.
Section 7-701.8.3. Compliance with Building Code:
The Applicant has represented that the SDU will comply with all building codes.
Section 7-701.8.4. Minimum Lot Area:
The Applicant has 7.09 acres and as a result satisfies the 2 acres minimum lot size requirement
in the Rural zone district.
Section 7-701,8.5, One per Lot
The SDU will comply with this standard.
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Staff recommends a finding that proposed Secondary Dwelling Unit is in general conformance
with the Comprehensive Plan of 2030 as well as the Land Use and Development Code as amended
and is recommended for Administrative Approval by the Director of the Community
Development Department subject to the following conditions of approval:
Suggested Findings
1. That proper public notice was provided as required for the Director's Decislon.
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 an
opportunity to provide input prior to the Director's decision.
3. That for the above stated and other reasons, the proposed amended Land Use Change is
in the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application is in general conformance with the 2030 Comprehensive Plan, as
amended.
5. That with the adoption of conditions and for the above stated and other reasons the
application has adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
Recommended Conditions of Approval
Conditions to be Satlsfied Prior to lssuance of the Land Use Change Permit:
1. Prior to issua nce of the Land Use Change Permit, the Applicant shall submit to the County
the following for the well serving the SDU:
a. A pump test that meets the standards in Section 4-203(M )( lxbxs)(a). The pump
test shall include representation by a qualified professional that the pump rate is
adequate for the proposed use.
b. A water quality test that meets the standards in Section 4-203(M X lXbX5Xc). The
water quality test shall include representation by a qualified professional that the
water quality meets the County's primary drinking standards.
2. Prior to issuance of the Land Use Change Permit, the Applicant shall work with Garfield
County Vegetation Management to address issues from Steve Anthony's June 25, 2019
referral comments (Exhibit 1.3). A demonstration of compliance with this condition shall
be provided by Garfield County Vegetation Management.
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Operational Conditions:
3. 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.
4. At time of building permit, the Applicant shall submit a statement from a qualified
professional indicating the feasibility of an Onsite Wastewater Treatment System for the
SDU.
5, At time of building permit, the applicant shall submit a grading and drainage plan from a
qualified professional verifying that the proposed grading and drainage is practical.
5. The new d riveway for the SDU accessing off the existing d riveway shall meetthe Roadway
Standards as detailed in Table 7-107 of the Land Use and Development Code.
7. TheSDUshall besubjecttoall Garfield County Build ing Code Requirements. The property
owner shall obtain all necessary Garfield County Building Permits for new construction,
modifications and/or expansions to the structure.
8. The property owners shallobtain a Garfield County Onsite Wastewater Treatment System
(OWTS) permit prior to installation of the system.
9. Due to very high wildfire susceptibility in the area where the SDU is to be constructed,
the roof materials of the structure shall be comprised of noncombustible material. The
Applicant shall also follow general Colorado State Forest Service standards for creating
wildfire defensible spaces, as per Carbondale and Rural Fire Protection District referral
comments (Exhibit 11).
11,Any dogs kept on the property shall be kept in a fenced yard or on a leash to prevent
harassment of wildlife.
12. Any new fencing on the property shall comply with the Colorado Parks and Wildlife
specification for wild life-friend ly fencing.
13. 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.
14. The Applicant shall comply with all AdditionalStandards for Residential Uses contained in
Section 7-701.8, Secondary Dwelling Units, of the Land Use and Development Code of
2013, as amended.
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10. The Applicant shall utllize bear-proof trash containers or store all trash within a secure
portion of the structure such as a garage.