HomeMy WebLinkAboutStaff Report - PC 07.09.2014Planning Commission Exhibits – TXTP 7938 Recreational Cabins
LETTER EXHIBIT
A Proof of Publication
B Garfield County Land Use and Development Code
C Garfield County Comprehensive Plan 2030, as amended
D Application
E Staff Report dated July 9, 2014
F Staff Presentation dated July 9, 2014
__________________________
_ Michael
Bennett, Publisher Publisher Subscribed and sworn
to before me, a notary public in and for the County of
Garfield, State of Colorado this 06/02/2014.
________________________________
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
Ad Name: 10222591A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE RIFLE CITIZEN TELEGRAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen Telegram, that the
same weekly newspaper printed, in whole or in part
and published in the County of Garfield, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-two consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said newspaper has been
admitted to the United States mails as a periodical
under the provisions of the Act of March 3, 1879, or
any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal
notices and advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
5/29/2014 and that the last publication of said notice
was dated 5/29/2014 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
06/02/2014.
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Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
Administrative Review Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment
Major Minor
Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
PROJECT DESCRIPTION
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
PROJECT INFORMATION
TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code
Recreational Cabins
FILE NUMBER: TXTP 7938
APPLICANT: Board of County Commissioners
DATE: July 9, 2014
I. PROPOSAL BACKGROUND
Presently, Recreational Cabins are defined within the Building Code and have been exempted from
seeking a building permit so long as they meet the definition of a recreational cabin as follows:
Recreational Cabins. A residential structure with no more than 1200 square feet of gross floor
area including unfinished basements and being a maximum of 25 feet to the peak of the roof
from the ground floor and intended to be occupied as a dwelling for no more than six (6)
months within any calendar year for recreational and/or leisure use; not to be used for
commercial purposes; that has no direct access from a maintained public or private road to the
recreational cabin, and the direct access requires at a minimum, a private vehicle to have the
four-wheel drive engaged for at least one-half mile when the recreational cabin is accessible by
road. One recreational cabin is allowed on a legally created parcel.
In September 2013, the County Board of Review heard an appeal of the Building Official’s interpretation
of this definition and upheld the Building Official’s interpretation – that these cabins are intended to be
remote and the property on which a cabin is proposed cannot be accessible from a maintained County
road. The appellant subsequently asked the Board to consider a text amendment (to both the Building
Code and the land use code) to accommodate other locations for recreational cabins.
A work session was held by the Board of County Commissioners (“Board”) on October 15, 2013 (packet
information attached) to discuss the issue of recreational cabins and the building permit exemption
related to these cabins. It was discussed that recreational cabins were defined in and exempted from
the building code, and that the Board may desire to modify this definition, especially in regard to
location. A possible amendment to the building code and/or Land Use and Development Code (LUDC) to
address the definition of recreational cabin was discussed and staff was asked to draft a definition that
may meet the Board’s intent for allowing this type of use.
The Board met again on May 6, 2014 in a work session to discuss the desire to amendment the
definition of Recreational Cabins and to potentially add the definition and use to the land use code. The
Board reviewed a proposed definition that was based on the Board’s direction at the October 15, 2013
work session and initiated a text amendment based on the proposed definition.
Presently, recreational cabins are only allowed in remote parts of the County and are limited in use and
size as set forth in the included table. Recreational cabins were first included in the Building code by the
Board in 1999 and the definition was the result of extensive public hearings of which minutes are
attached. Based on the definition codified in resolution 99-027, Recreational cabins are currently only
subject to State electrical permits and septic permits and are exempt from obtaining a building permit. .
The LUDC does not define recreational cabins, but it does define a dwelling. A dwelling unit has to have
a minimum of 20 feet by 20 feet (400 square feet). This requirement, in general, conflicts with the
intent of a small primitive cabin, which has previously not been subject to the LUDC.
The significant differentiation that was being requested during the appeal process was the question of
remoteness for the cabin. When the definition was authored in 1999, there was much discussion
gleaned from reviewing the meeting minutes about the intent for these cabins to be remote in setting
which was the cause for the part of the definition to require the engagement of 4 wheel drive and on a
property that was not accessible from a maintained county road. The question of the cabins being
remote and how remote is defined, is (in staff’s opinion) the heart of the issue in regard to the definition
change.
II. BOCC INITIATED TEXT AMENDMENT
From direction provided at the October 15 work session, staff had prepared a definition for the BOCC to
review at their May 6, 2014 work session. The BOCC reviewed this draft and motioned to initiate a text
amendment to the land use code (the BOCC can amendment the Building Code outside of the 4-114 text
amendment process). The proposal included 1) a text amendment to LUDC adding a definition for
Frontier Cabins and providing for this use in Table 3-403, and 2) a modification to the Building Code
Resolution that was last adopted by Resolution 2012-59.
Frontier cabin. A structure
containing one or more habitable
rooms with no less than 120, but
no more than 1200 square feet
of gross floor area, including
unfinished basements, for living,
sleeping, eating, or cooking;
being a maximum of 25 feet to
the peak of the roof from the
ground floor and intended to be
occupied as a dwelling for no
more than six (6) months within
any calendar year for personal
and/or recreational use; not to
be used for commercial
purposes; that is remote and has
no direct access from a maintained public or private road. Recreational Vehicles are not
permitted to be Frontier Cabins, but Park Trailers sometime referred to as Park Models
"Remote" Cabin
complying with ANSI 119.5 are permitted. One recreational cabin is allowed per legal lot so long
as no other dwelling unit is on the lot. A permissible cabin will comply with all state and local
regulations, have an approved septic permit and electrical permit and all constructed items shall
comply with building code requirements (definition would be added to the LUDC and modified
in the Building Code).
Table 3-403. Table 3-403 would also be amended to reflect Frontier Cabins as a permitted use
in specific zone districts.
III. HOW THE DEFINITIONS COMPARE
Existing Definition Proposed Definition
Size 1200 square feet of gross floor area
including unfinished basements
one room at least 120 square feet in floor
area for living, sleeping, eating, or
cooking with a maximum of 1200 square
feet of gross floor area, including
unfinished basements
Height maximum of 25 feet to the peak of the
roof from the ground floor
maximum of 25 feet to the peak of the
roof from the ground floor
Occupation occupied as a dwelling for no more than
six (6) months within any calendar year
occupied as a dwelling for no more than
six (6) months within any calendar year
Purpose for recreational and/or leisure use; not
to be used for commercial purposes
For personal and/or recreational use; not
to be used for commercial purposes
Access
“Remoteness”
no direct access from a maintained
public or private road to the recreational
cabin, and the direct access requires at a
minimum, a private vehicle to have the
four-wheel drive engaged for at least
one-half mile when the recreational
cabin is accessible by road
Is remote and the lot has no direct access
from a year-round maintained public or
private road.
Density One cabin is allowed on a legally created
parcel
One cabin allowed per legal lot so long as
no other dwelling unit is on the lot
Permitting All constructed items shall comply with
building code requirements however no
building permit is required; a septic
permit and electrical permit are
required.
All constructed items shall comply with
building code requirements however no
building permit is required; a septic
permit and electrical permit are required.
Other Recreational Vehicles as defined by the
LUDC are not allowed, but Park Trailers
sometime referred to as Park Models
complying with ANSI 119.5 are allowed
Park Model Cabin
IV. LUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text
Amendment request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as
follows:
a. The proposed text amendment is in compliance with any applicable Intergovernmental
Agreements.
There are no intergovernmental agreements impacted by the proposed text amendment.
b. The proposed text amendment does not conflict with State law.
The Colorado Revised Statute Title 30, Article 28, Section 133, as amended, provides for the
approval of subdivision plans and plats, and the adoption of regulations governing such plans
and plats by the Board of County Commissioners for the unincorporated areas of Garfield
County, Colorado. Pursuant to this authority, the County’s subdivision regulations may be
amended by the Board of County Commissioners from time to time. This proposed text
amendment is in compliance with this statutory provision.
V. RECOMMENDATION
The Planning Commissioner should consider the following in making their recommendation:
1) Should cabins be remote? Specifically, where should cabins be allowed considering they are
exempt from the building code, for example:
a. Should they be allowed in all zone districts?
b. Should they be allowed only above certain elevations eg. Over 9,000 feet?
c. Should they be allowed in a residential neighborhood?
2) If they are remote, how should remote be defined? For example:
a. Should they be accessible year round?
b. Should they be accessible via a maintained county road?
MEMO
TO: Board of County Commissioners
FROM: Andy Schwaller, Building Official and Tamra Allen, Planning Manager
DATE: May 6, 2014
RE: Frontier Cabins
BACKGROUND
A work session was held by the Board of County Commissioners (“Board”) on October 15, 2013 to
discuss the issue of recreational cabins and the building permit exemption related to these cabins. It
was discussed that recreational cabins were defined in and exempted from the building code, and that
the Board may desire to modify this definition, especially in regard to location. A possible amendment
to the building code and/or Land Use and Development Code (LUDC) to address the definition of
recreational cabin was discussed and staff was asked to draft a definition that may meet the Board’s
intent for allowing this type of use. Recreational cabins are defined in the Building Code as follows:
Recreational Cabins. A residential structure with no more than 1200 square feet of gross floor
area including unfinished basements and being a maximum of 25 feet to the peak of the roof
from the ground floor and intended to be occupied as a dwelling for no more than six (6)
months within any calendar year for recreational and/or leisure use; not to be used for
commercial purposes; that has no direct access from a maintained public or private road to the
recreational cabin, and the direct access requires at a minimum, a private vehicle to have the
four-wheel drive engaged for at least one-half mile when the recreational cabin is accessible by
road. One recreational cabin is allowed on a legally created parcel.
This definition has been in effect from 1998. Recreational cabins are currently only subject to State
electrical permits and septic permits. The LUDC does not define recreational cabins, but it does define a
dwelling. A dwelling unit has to have a minimum of 20 feet by 20 feet (400 square feet). This
requirement, in general, conflicts with the intent of a small primitive cabin, which has previously not
been subject to the LUDC.
RECOMMENDATION
From direction provided at the October 15 work session, staff has prepared a definition that should be
reviewed by the Board to ensure that it meets the Board’s intent. This proposal includes 1) a text
amendment to LUDC adding a definition for Frontier Cabins and providing for this use in Table 3-403,
and 2) a modification to the Building Code Resolution that was last adopted in 2012 by Resolution 2012-
59.
Frontier cabin. A structure containing one or more habitable rooms with no less than 120, but
no more than 1200 square feet of gross floor area, including unfinished basements, for living,
sleeping, eating, or cooking; being a maximum of 25 feet to the peak of the roof from the
ground floor and intended to be occupied as a dwelling for no more than six (6) months within
any calendar year for personal and/or recreational use; not to be used for commercial purposes;
that is remote and has no direct access from a maintained public or private road. Recreational
vehicles are not permitted to be Frontier Cabins, but Park Trailers sometime referred to as Park
Models complying with ANSI 119.5 are permitted. One recreational cabin is allowed per legal lot
so long as no other dwelling unit is on the lot. A permissible cabin will comply with all state and
local regulations, have an approved septic permit and all constructed items shall comply with
building code requirements
Table 3-403. Table 3-403 would also be amended to reflect Frontier Cabins as a permitted use
in specific zone districts.
HOW THE DEFINITIONS COMPARE
Existing Definition Proposed Definition
Size 1200 square feet of gross floor area
including unfinished basements
one room at least 120 square feet in floor
area for living, sleeping, eating, or
cooking with a maximum of 1200 square
feet of gross floor area, including
unfinished basements
Height maximum of 25 feet to the peak of the
roof from the ground floor
maximum of 25 feet to the peak of the
roof from the ground floor
Occupation occupied as a dwelling for no more than
six (6) months within any calendar year
occupied as a dwelling for no more than
six (6) months within any calendar year
Purpose for recreational and/or leisure use; not
to be used for commercial purposes
For personal and/or recreational use; not
to be used for commercial purposes
Access
“Remoteness”
no direct access from a maintained
public or private road to the recreational
cabin, and the direct access requires at a
minimum, a private vehicle to have the
four-wheel drive engaged for at least
one-half mile when the recreational
cabin is accessible by road
Is remote and the lot has no direct access
from a year-round maintained public or
private road.
Density One cabin is allowed on a legally created
parcel
One cabin allowed per legal lot so long as
no other dwelling unit is on the lot
Permitting All constructed items shall comply with
building code requirements however no
building permit is required; a septic
permit is required.
All constructed items shall comply with
building code requirements however no
building permit is required; a septic
permit is required.
Other Recreational vehicles as defined by the
LUDC are not allowed, but Park Trailers
sometime referred to as Park Models
complying with ANSI 119.5 are allowed
TEXT AMENDMENT PROCESS
Should the Board desire to modify to definition of recreational cabin in the Building Code, this would
need to occur in a public hearing noticed before the Board. In addition, should the Board desire to add
the definition and use to the LUDC, the Board should make an affirmative decision to initiate a text
amendment process pursuant to Section 4-114 of the Land Use and Development Code. This process
requires a noticed public hearing before the Planning Commission for review and recommendation and
a noticed public hearing before the Board for a final decision.
ATTACHMENTS
Staff Report for October 13, 2013 Work Session