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HomeMy WebLinkAbout2.00 Staff Report DD 11.11.2021File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 1 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review for two applications. An Amended Final Plat and Secondary Dwelling Unit APPLICANTS (OWNERS) White/Nydahl Family Trust REPRESENTATIVE Patrick Rawley, AICP, ASLA – Stan Clauson Associates INC SURVEYOR High Country Engineering LEGAL DESCRIPTION Section: 31 Township: 7 Range: 87 St. Finnbar Farm Subdivision, Lot 12. PRACTICAL DESCRIPTION 12 St. Finnbar Farm Rd, Carbondale, Co 81623 LOT SIZES 2.865 acres ZONING Rural COMPREHENSIVE PLAN Residential MH – Carbondale Area of Influence I. DESCRIPTION OF PROPOSAL This staff report is related to two applications being considered in conjugation, FPAA -09-21- 8860 Amended Final Plat St. Finnbar Farm Sub Lot 12 and GAPA-09-21-8861 White/Nydahl Secondary Dwelling Unit. The sum of the proposals is to adjust the existing building envelope to allow more developable area in the northeastern section of the lot while decreasing the building envelope’s area in the southern portion of the lot. The Lot is in a Rural Zoned district, which requires an Administrative Review for a Secondary Dwelling Unit. The application represents that the proposed alteration of the building envelope will avoid heavily vegetated areas, increase the separation of proposed development from mapped floodplains, avoid an existing irrigation ditch and wetlands, and mitigate/minimize the impacts of the SDU. The application represents that it maintains the current size of the envelope and continue to observe setbacks. The proposed envelope will be at least 40 feet from all property lines. The SDU will be between 1,000 and 1,500 sq ft. It will consist of the second floor of a structure that has an office and woodworking shop on the ground floor. This may trigger additional requirements for building permits. Access will be provided off of St. Finnbar Farm Rd. A well will provide water and wastewater management will be provided through the Ranch at Roaring Fork’s sewer system. Please see the draft plat and site plan on the following page. II. DESCRIPTION OF THE SITE Lot 12 is approximately 2.865 acres in size. There are two ditches identified on the lot, and the existing St. Finnbar Farm plat (reception #574731) identifies 100-year floodplain and floodway on the southern portion of the lot. Based on aerial imagery, this area is also more heavily vegetated. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 2 Figure 1 Draft Site Plan and Plat File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 3 The subdivision was platted in 2001. The lot abuts St. Finnbar Farm Rd as well as 9 other properties. There is no right-of-way associated with the road, so all but oneof those properties’ building envelopes are separated from Lot 12 by roadway. Lot 13 is i mmediately east of Lot 12. The application provided an Improvement Survey Plat that also identified drainage swales, open space areas on the southern portion of the lot. Various easements were noted as well. The subdivision’s plat includes several applicable plat notes that will be discussed. III. AUTHORITY - APPLICABLE REGULATIONS The Amended Final Plat Application is being processed in accordance with Section 5-305 Amended Final Plat and Section 4-103, Administrative Review of the Garfield County Land Use and Development Code. Submittal requirements are listed in Table 5-401 and detailed in Section 5- 402. The Land Use Change Permit for a Secondary Dwelling Unit is being processed and reviewed in accordance with Section 4-103, Administrative Review and must meet the submittal requirements of Table 4-201 and Section 4-203. Compliance with Article 7 Standards was also reviewed, specifically with Section 7-701 Accessory Dwelling Unit & Secondary Dwelling Unit. Excerpts from pertinent portions of the Land Use and Development Code are included below. 5-305 Amended Final Plat Review C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. 7-701 Accessory Dwelling Unit & Secondary Dwelling Unit B. Secondary Dwelling Unit Standards 1. Maximum Floor Area. The Floor Area of a Secondary Dwelling Unit shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of a Secondary Dwelling Unit shall not exceed 3,000 square feet for any lot 4 acres or greater. 2. Ownership Restriction. A Secondary Dwelling Unit is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. 3. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. 4. Minimum Lot Area. The minimum Lot Size for a Secondary Dwelling Unit is either: a. 2 acres, or b. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. 5. One per Lot. One Secondary Dwelling unit which is subordinate to a Single-Unit (primary) dwelling unit is allowed per legal lot. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 4 IV. REFERRAL AND PUBLIC COMMENTS Referral comments Garfield County Building Department, Andy Schwaller – provided information related to previous issues with sewage treatment services in the subdivision. Garfield County Vegetation Management, Steve Anthony - Requested the applicant provide a map and inventory of weeds on the property, see Exhibit 1. Garfield County Consulting Engineer, Chris Hale PE – provided comments related to water supply, sewer, ditches, and grading and drainage, see Exhibit 2. Colorado Division of Water Resources, Megan Sullivan – Provided clarification on existing well permits and their adequacy for serving two residential units on Lot 12. See exhibit 3. Garfield County Assessor’s Office, Casey Lawrence – noted some possible discrepancies between boundary lines on the proposed plat and the original plat. Comments included in exhibit 4. Public comments No public comments were received as of November 11, 2021. V. STAFF ANALYSIS AND CRITERIA Code Analysis 1) 4-103 Administrative Review – Notice to adjacent property owners was meet in accordance with 4-103 .B.3. The applicant indicated that they conducted their due diligence but was unable to uncover the current mineral rights owners’ addresses. 2) 5-305 Amended Final Plat Review - Staff finds that the application fulfills the amended final plat review criteria. 3) Section 4-203.E Grading and Drainage – Plat Note 14 from the St. Finnbar Farm Subdivision plat at reception #574731 requires grading and drainage plans to be submitted at the time of building permit that show the design is in line with that of the Preliminary Plan for St. Finnbar Farm subdivision. 4) Section 4-203.M.1.b.(5) Water Supply and Distribution Plan - The applicant provided an updated well permit since the original application was reviewed by referral agencies. This well permit is sufficient to serve both the primary and secondary residential uses. The well permit does not completely fulfill the requirements of Section 4-203.M.1.b.(5). Pump test and water quality test results will be required as COA’s to fulfill water supply plan requirements. 5) Section 4-203.N.1 Wastewater Management - The application provided material related to wastewater treatment, including agreements between the ST. Finnbar Farm subdivision and the Ranch at Roaring Fork (who owns and operates a wastewater system) and invoices for connection charges. The applicant should provide a will-serve letter from the sewer service provider indicating there is capacity for their connection to fulfill the code’s requirements. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 5 Article 7 Standards 1) Section 7-101 Zone District Use Regulations – The application complies with the Rural zoning on the property. 2) Section 7-102 Compliance with Comprehensive Plan and IGA’s – he proposed applications do not interfere with Garfield County’s Comprehensive Plan future land use designations. 3) Section 7-103 Compatibility – The proposals are compatible with surrounding uses within the neighborhood. 4) Section 7-104 Source of Water – see discussion of Section 4-203.M.1.b.(5) Water Supply and Distribution Plan above. 5) Section 7 -105 Adequate Central Water Distribution and Wastewater systems – See discussion of Section 4-203.N.1 Wastewater Management above. 6) Section 7-106 Public Utilities – Public Utilities are in place per the St. Finnbar Subdivision approvals and release of SIA’s. 7) Section 7-107 Access and Roadways – The site has access off of St. Finnbar Farm Rd which provides connections outside of the subdivision. 8) Section 7-108 Land Subject to Natural Hazards – The original subdivision process largely addressed natural hazards. FEMA floodplain is mapped on the property, but the building envelop will avoid it. Grading and Drainage requirements per the original plat notes will address any negative impacts from the development of the site. 9) Section 7-109 Fire Protection – No additional comments were received from the fire district. 10) Section 7-201 Agricultural Lands – No further impact on agricultural lands is anticipated by these applications. Section 7-201.E Ditches - Both the improvement survey and draft amended final plat with improvements show a ditch running immediately south of the proposed home, approximately 15 feet away. Plat Note 7.a requires a 14 foot buffer around the irrigation ditch, and the CC&R’s for the subdivision address ditch easements in Section 9.3 of the provided document. 11) Section 7-202 Wildlife Habitat Areas – No further impacts on wildlife is anticipated by these applications than was anticipated under the Subdivision’s approvals. 12) Section 7-203 Protection of Wetlands and Waterbodies – Waterbody and floodplain protection should have been addressed in the initial subdivision process. Relocatio n of the envelope and subsequent SDU will increase its distance from both wetlands and floodplains. Both anticipated structures are outside of the 35 ft buffer. 13) Section 7-204 Drainage and Erosion – Per the recorded plat’s requirements and building regulations, any additional drainage and erosion will be dealt with at the time of building permit. 14) Section 7-205 Environmental Quality – The applications will not result in further degradation of environmental quality. 15) Section 7-206 – Wildfire Hazards – The property is in an area not rated for wildfire risk. 16) Section 7-207 Natural and Geologic Hazards – The applications would not expose future development to further known natural or geologic hazards. 17) Section 7-208 Reclaimation – The area will be used for residential purposes with limited new disturbance. No reclamation or vegetation is necessary. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 6 18) Section 7-301 Compatible Design – The applications are consistent with the surrounding subdivision’s character and improvements. 19) Section 7-302 Off Street Parking – Adequately off-street parking will be provided per the subdivision’s requirements. 20) Section 7-303 Landscape Plan – The applications are exempt from landscape plans. 21) Section 7-304 Lighting – The application stated it will comply with the code’s lighting provisions. 22) Section 7-305 Snow Storage – Not applicable. 23) Section 7-306 Trails and Walkways – Not applicable to this application. 24) Division 7 Subdivision Standards and Design Specifications – The applications will not compromise the subdivision’s compliance with these standards. Staff Further Analysis and Discussion The application includes a letter from the HOA and design review committee of the subdivision, indicating their approval of th e plat amendment and a variance allowing the design of the SDU. This required a majority vote of HOA board. Application FPAA-09-21-8860 meets the requirements for an amended final plat per the Garfield County Land Use and Development Code, as amended. There is no evidence that the new area will result in additional impacts on the neighboring lots or environmental concerns. Staff agrees with the application’s statements regarding the avoidance of wetlands and floodplains. The alteration of the envelope does not violate any reviewed plat notes or related items in effect in the St. Finnbar Farm Subdivision. Based on the subdivision’s previous approval with a grading and drainage plan and the existence of a plat note requiring such a plan at the time of buildin g permit, staff feels that the waiver of that submittal is warranted. Similarly, a waiver of an additional traffic study is also warranted. An updated and approved well permit was provided after the application was originally uploaded for review. At this time, no pump test or water quality tests have been provided. Items related to the lot’s connection to the sewer system demonstrate the lot’s legal and means of connecting to the system, but the applicant should provide a will-serve letter from the operator indicating capacity exists for both the primary and secondary residential uses. The subdivision plat and CC&R’s require easements around ditches . Though it appears that the proposed home will be outside of those easements, the applicant should provide additional information on whether the development impacts the ditch, engineering or other mitigation required, or provide a letter from the ditch operator indicating they are intending to abandon the ditch. County Vegetation management requested that the applicant provide an inventory and map of noxious weeds found on the property as well as any necessary management plan to fulfill their representation to control any weeds. The referral letter provides a phone number for a conservation district who will pr ovide inventory and mapping services at no charge for county landowners. Plat Note 13 requires individual property owners to control weeds on their property. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 7 VI. RECOMMENDED FINDINGS AND CONDITIONS FPAA-09-21-8860 Suggested Findings 1) Application for an Amended Final Plat on St. Finnbar Farm Subdivision Lot 12, FPAA-09- 21-8860, fulfills the notice requirements for an Administrative Review process 2) Application FPAA-09-21-8860 complies with the items of Section 5-305 Amended Final Plat. 3) That, for the above stated and other reasons, the proposed White/Nydahl Secondary Dwelling Unit Administrative Review Application for a Secondary 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 adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan. 5) Subject to compliance with all included Conditions of Approval and approval of submitted waiver requests, the application complies with the Garfield County Land Use and Development Code. GAPA-09-21-8861 Suggested Conditions of Approval 1) Application for a Secondary Dwelling Unit on Lot 12 of St. Finnbar Farm Subdivision, GAPA-09-21-8861, fulfills the notice requirements for an Administrative Review process 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) The Application complies with the requirements of Section 4-103 Administrative Review. 4) That, for the above stated and other reasons, the proposed White/Nydahl Secondary Dwelling Unit Administrative Review Application for a Secondary Dwelling Unit is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 5) That, with adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan. 6) Subject to compliance with all included Conditions of Approval and approval of submitted waiver requests, the application complies with the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval FPAA-09-21-8860 Suggested Conditions of Approval 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Final edits to the proposed plat, including plat notes , certificates, and title, shall be submitted to the County for review and acceptance prior to submission for execution and recording. 3. Prior to the submittal of the Final Plat for execution and recording, all plat notes from the St. Finnbar Farm Subdivision’s plat at Reception #574731 with the Garfield County Clerk File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 8 and Recorder’s Office will be included on the final plat, or the final plat shall include a plat note stating “All plat notes found on the St. Finnbar Far m Subdivision Plat at Reception #574731 remain in effect on this plat.” 4. Prior to the submittal of the Final Plat for execution and recording, the Final Plat shall be updated to meet the requirements Section 5-402.F Final Plat including: a. Removal of improvements not required by the Section 5-402 Final Plat. b. Include any floodplains or wetlands previously mapped by the St. Finnbar Subdivision. c. Include all certificates, notices, and statements as required. d. Shall adjust all property lines to correspond to those on the existing plat or provide information related to the technical correction of previous errors. 5. Prior to the submittal of the Final Plat for execution and recording, documentation of no impacts on the ditch or designs mitigating impacts on the ditch will be submitted. If the ditch is to be abandoned, a letter from the ditch operator document the ditch’s abandonment shall be submitted and the ditch shall be removed from the Final Plat. a. Any ditch and associated easements still in existence shall be included on the Final Plat in accordance with Section 7-201.E. GAPA-09-21-8861 Suggested Conditions of Approval 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Prior to the issuance of the Land Use Change permit, the Amended Final Plat on St. Finnbar Farm Subdivision Lot 12 FPAA-09-21-8860 shall be fully executed and recorded. 3. Prior to issuance of the Land Use Change Permit, the applicant will provide pump test results and water quality tests in fulfillment of Section 4-203.M Water Supply and Distribution Plan. 4. Prior to issuance of the Land Use Change Permit, the applicant will provide a will -serve letter from the sewer service provider indicating their capacity to serve both residential uses or similar documentation. 5. A grading and drainage plan that fulfills Plat Note 14 of the St. Finnbar Farm Subdivision’s plat at Reception #574731 will be submitted at the time of building permit. 6. The Applicant shall work with the County Vegetation Manager or the local Conservation District to provide a weed map and/or inventory of the site, and a management plan for any inventoried noxious weeds. The plan and timing for treatment shall be s ubject to approval by the County Vegetation Manager. 7. The proposed office/woodshop/SDU shall meet all building code requirements for fire separation and/or life safety at the time of building permit. File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 9 Exhibit 1 File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 10 File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 11 Exhibit 2 File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 12 Exhibit 3 File No. FPAA-09-21-8860 and GAPA-09-21-8861 Director’s Determination November 11, 2021 Staff – Philip Berry 13 Exhibit 4