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HomeMy WebLinkAbout3.0 PC Staff Report 03.08.2017Land Use and Development Code Text Amendment Planning Commission - Staff Report Exhibits Applicant is the Garfield County Board of County Commissioners March 8, 2017 (File TXTP-01-17-8511) Exhibit Number Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Plan of 2030 5 Application 6 Staff Report 7 Referral Comments from the Gypsum Fire Protection District, dated January 17, 2017 8 Referral Comments from the City of Rifle, dated January, 17, 2017 9 Referral Comments from the Glenwood Springs Fire Department, dated January 26, 2017 10 Referral Comments from the Garfield County Public Health Department, dated February 22, 2017 } Zc, r kin e% tafn '4'W .3/( / V fle(o,frh,1a'1 iPp—° /e -1 3o CC PROJECT INFORMATION TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code Efficiency Homes (AKA Tiny Homes) in Garfield County—Amendment to the Definition of Dwelling Unit, Detached FILE NUMBER: TXTP-01-17-8511 APPLICANT: Board of County Commissioners DATE: March 8, 2017 — Planning Commission I. PROPOSAL DESCRIPTION Tiny homes have garnered a significant amount of national attention in the past few years and their popularity appears to be growing mainly due to what is perceived as a "lifestyle" choice. This lifestyle choice is reflected in both a reduction of overall size and footprint associated with the average contemporary home. The primary drivers for the recent popularity of tiny homes are affordability and the overall cost for maintaining a home. Ultimately, however, it is about having additional choices for housing types. Some notable Tong -term housing trends that are encouraging the tiny house movement are as follows: • The average home size in the U.S. increased 61% since 1973 to over 2600 square feet. In that time period the average household size decreased, leading to a 91% increase in home square footage per inhabitant (1000 SF per person) (source: US Census Bureau). • The average house in the U.S. uses approximately 17,300 board feet of lumber and 16,000 square feet of other wood products. A 200 square foot tiny house uses only 1,400 board feet of lumber and 1,275 square feet of additional wood products. The lifetime conditioning costs can be as low as 7% of a conventionally sized home. • National home ownership fell to 63.7% in 2015, the lowest level in two decades. Increased housing cost is cited as the main reason for low ownership rate. (source: Joint Center for Housing Studies (JCHS) at Harvard University) • The average home in the United States costs approximately $358,000 to build, an increase of roughly $200,000 since 1998, whereas the average annual income in the United States has remained unchanged for the last several years, lingering near $52,000. (source: US Census Bureau) • The average American spends roughly 27% of their annual income on housing (nearly 11 hours of every 40 -hour work week). 48% of households making less than $30,000 annually pay more than half of their income on housing, leaving these households Tess than $15,000 a year to purchase food, health care, education, clothing, and anything else. (source: JCHS) 1 • The cost of new construction for a 200 square foot tiny house can be as low as $35,000. A typical down payment on an average -sized house is $72,000, more than twice the full cost of a tiny house (IRC public comment). • Cities can benefit from tiny house ordinances. With significant need for affordable housing, cities are hard-pressed to find solutions that quickly expand their low -income housing stock without burdening an already burdened system. Tiny houses can be quickly installed in municipalities and set up at little or no cost to the cities (IRC testimony). With the increase of interest in these unit types, comes a significant amount of inquiry to the County about if and where people may be able to live in one of these units. There is no set definition for a tiny home, however they are generally units ranging in size from 200 square feet to 1,000 square feet. Because of their small size, a typical "tiny" home may be of a dimension that can be transported (or towed) by a standard full size truck (e.g. Park Model) while a larger unit (generally ranging from 500 to 1,000 square feet) may be transported on a flatbed trailer or by its own chassis. The IRC is considering a definition of tiny home as a dwelling 400 square feet or less. Because of the variation in size and building type, for the purpose of this memo, we have generally characterized and called these units "Efficiency Homes." Most Efficiency Homes are manufactured off-site (though they may on-site stick -built), which generally offers a level of affordability that may not otherwise be available in a traditional site built home. Even though, there is a great deal of variation in the costs associated with the units as some pre -fab homes can rival or exceed a stick -built home. While Efficiency Homes are used for all types of purposes, such as primary and accessory dwelling units, vacation rentals, artist studios and lodging such as a cabin, the focus of this memo is to explore the regulations surrounding using these types of units as permanent primary or accessory dwelling units. Examples of Tiny Houses on Wheels and on a Foundation II. CURRENT COUNTY REGULATIONS In reviewing the County's Land Use and Development Code (LUDC) the one location in the code that precludes the construction or use of an Efficiency Home within the County is the dimensional standard that requires a dwelling unit to be a minimum 20 feet long by 20 feet wide. Article 15 of the LUDC defines a Dwelling Unit, Detached as the following: 2 A single -unit dwelling at least 20 feet wide and 20 feet long, and that meets the Building Code. It is generally understood that the 20 feet wide and 20 feet long dimensional requirement was codified in land use regulations across the country (including Garfield County) for jurisdictions that did not wish to see the proliferation of single -wide mobile homes in traditional single-family lot subdivisions. This minimum dimensional requirement was historically seen as a method for preserving home and property values. As this definition requires that detached dwelling units be at least 20 feet by 20 feet ("20x20"), the County currently does not permit any units that do not meet these dimensional requirements. The effect of this standard is the exclusion of many Efficiency Homes from the County's housing stock as well as single -wide mobile homes (The most common dimension for a single wide is 15 feet wide by 72 feet long). In addition, the 20x20 standard requires that a home be at least 400 square feet in size — many "tiny homes" fall below this threshold. While this requirement still allows for what some would consider "small homes," it does not allow for what is broadly called a "tiny home." In addition, because dwelling units are currently required to be 20x20, off-site construction for pre -fabricated units is more difficult and costly since units are not easily transported in a single component. According to DOT and FHA standards, the maximum width of a unit can be 8 feet 6 inches before it requires a wide load permit. In general, widths over 15 feet wide are not allowed without lane closures and more complex permitting requirements for transporting the unit. It is important to note that the International Residential Code (IRC), as currently adopted would continue to be applicable to all dwelling units (tiny, small, Efficiency, McMansion or otherwise) and staff would not recommend deviating from the adopted IRC as the code generally provides for basic design standards related to life, health and safety. As such, the IRC requires certain dimensional standards as well as the provision of specific amenities that would need to be incorporated into any dwelling unit. For example, the IRC requires the following in order for a structure to be a permitted dwelling unit: • Must have a foundation. • Must have a kitchen with a sink. • Must have a toilet, lavatory, and a bathtub/shower and must have running hot and cold water. • Must be hooked up to a sanitary sewer or approved On-site Wastewater Disposal System. • The bathroom needs to be a separate room of roughly 5 feet by 5 feet with a door. • Must have one habitable room of 70 square feet (kitchen may be a part of this room) with a minimum dimension of 7 feet in any horizontal dimension • Minimum ceiling height of 7 feet. • Must have a smoke alarm. • Any stairs to a second floor sleeping loft must be Code compliant (not just a ladder). • Must be a heated structure. It is worth noting, however, that the Code Council is currently considering incorporating an appendix addressing tiny homes as part of the forthcoming 2018 IRC. The draft of the IRC code appendix defines Tiny Homes as a dwelling Tess than 400 square feet and addresses issues such as anchoring, minimum ceiling heights, habitable room dimensions, lofts, ladders and emergency escape and rescue openings. Staff would anticipating reviewing this appendix when it is adopted and making a recommendation to the Board regarding adoption of this appendix. 3 Table 3-403: Use Table /P/ By Right /A/ Administrative Review N Limited Impact Review /MI Mayor Impact Review lel Exempt from County Review and Standards Use Category Use Type RESIDENTIAL USES III. OTHER JURISDICTIONS' REGULATIONS Garfield County is not alone in examining its regulatory structure as it relates to permitting Efficiency Homes. Other jurisdictions have similar regulations though most have historically had minimum dwelling unit sizes. A few examples of jurisdictions that have moved to allow/permit some form of tiny houses are outlined as follows: • Washington County, Utah (St. George). The minimum home size of 800 square feet was removed. All units must be on a foundation, hooked up to utilities, and meet the building code. Considered RV if on wheels. • Town of Spur, Texas. No minimum house size. All units must be on a foundation, have a flush toilet, and receive a permit for electrical and structural safety. Considered RV if on wheels. • Chaffee County, Colorado. No minimum house size. All units must be on a foundation, have water and sewer, and meet the building code. Considered RV if on wheels. • City of Salida, Colorado. Permitted in limited zone districts with a Conditional Use Permit. All units must be on a foundation, hooked up to utilities, and meet building code. Considered RV if on wheels. IV. WAYS TO PERMIT EFFICIENCY HOMES IN THE LAND USE AND DEVELOPMENT CODE Should the Board wish to allow for Efficiency Homes in unincorporated Garfield County, the simplest approach would be to modify the dimensional size requirements (20x20) for a dwelling unit. Removing that requirement would result in the following changes to Article 15 of the Land Use and Development Code: Dwelling Unit, Detached. A single -unit dwelling at !cast 20 feet that meets the Building Code. It is worth noting that modifying this dimensional standard would allow for a wide array of different types of homes, ranging from the architecturally pleasing modern pre -fab home to a single wide mobile home, so long as the unit met the IRC or were an otherwise approved HUD/CO. Division of Housing structure. If this modification was made to the definition of a dwelling unit, these types of units would be allowed in all residential and commercial zone districts and most other zone districts within the County, as provided in Article 3 of the Land Use and Development Code. Residential Nonresidential Resource Land Unless exempted, all Districts Districts Zone Districts uses must comply with B me s ndccIL EMMEN •0 P NMI Dwelling. Single-Unll (per legal lot) P P 4 V. STAFF ANALYSIS — 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 LUDC. The criteria for approval of a Land Use Code Text Amendment are as follows: 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements; and There are no intergovernmental agreements impacted by the proposed text amendment. 2. The proposed text amendment does not conflict with State law. The proposed text amendments do not conflict with State law. VI. REFERRAL COMMENTS Public Notice has been accomplished as required by the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: City of Rifle: No Comments or Concerns (Exhibit 8) Gypsum Fire Protection District: No Concerns as long as units comply with Building Code (Exhibit 7) Glenwood Springs Fire Department: No objection to proposal (Exhibit 9) Garfield County Public Health: No issues with the proposal as long as units comply with Onsite Wastewater Treatment System (OWTS) standards, have adequate drinking water and meet the requirements of the International Residential Code (IRC) (Exhibit 10) No comments were received from the following referral agencies: Garfield County Environmental Health, Town of Carbondale, City of Glenwood Springs, Town of New Castle, Town of Silt, Town of Parachute, Carbondale and Rural Fire Protection District, Colorado River Fire Rescue, DeBeque Fire Department, Grand Valley Fire Protection District, RE -1 School District, RE -2 School District, and School District 16. VII. STAFF RECOMMENDATION With the continued interest in Efficiency Homes paired with the County's ongoing problem of affordable and attainable housing, Staff sees two options for consideration. Either: • Maintain current regulations to require a dwelling unit to be at least 20 feet by 20 feet in size, or • Remove (or otherwise modify) the dimensional requirements of 20 feet by 20 feet. Should this dimensional requirement be removed or modified, the Board should consider if additional standards such as site design, unit design, minimum unit size or others may be appropriate. As well as if dwelling units should be an allowable use (with or without review) within the industrial zone district. 5 It is Staffs opinion that the minimum size requirement of 20' by 20' should be removed from the definition of Dwelling Unit, Detached. Removing that requirement would result in the following changes to Article 15 of the Land Use and Development Code: Dwelling Unit, Detached. A single -unit dwelling at least 20 lc that meets the Building Code. It is Staff's opinion that removing this minimum requirement will allow for more creative options for housing within Garfield County. This amendment should not be viewed, however, as an amendment that will singly "fix" the housing affordability issues in the County as a tiny home may not be any less expensive than a stick built home, but will rather add to the tool kit of options to address this problem. In addition, it is worth noting that while such an amendment could allow Efficiency Homes to be used for either a Primary or Accessory Dwelling Unit on a parcel, such an amendment will not change the overall density requirements for dwelling units within any zone district in the County. VIII. RECOMMENDED FINDINGS 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements. 2. The proposed text amendment does not conflict with State Law. 3 . / --Z/Zp6:SL‘II-r---- 6 C. Garfield County PUBLIC HEARING NOTICE INFORMATION EXHIBIT l Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of 20�. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral Interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the 1 day of 1"e�'we•' , 20 ■ Please attach proof of publication in the Rifle Citizen Telegrar'n. 0 My application required Posting of Notice. Notice was posted on the day of , 20_, Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. } p G Name: Do- fal 1 f �`: f , !�. Signature: Date: 1 f' vcic'.r.,f f ?9,/ V 1 Ad Name: 12609579A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE RIFLE CITIZEN 1,N TELGR M STATE OF COLORADO, COUNTY OF GARFIELD I, Randy Essex, 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 2/9/2017 and that the last publication of said notice was dated 2/9/2017 the issue of said newspaper. In witness whereof, I have here unto set my hand this 02/17/2017. Randy Essex, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 02/17/2017. PAMELA J. SC HUULTZ NOTARY PUBLIC E Cr COLOR DO NOTARY ID #45{.49.4033. 75 WyCenvoregi iE:rawsa tiooernuer 1, 2011+ I - a 41 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 PUBLIC NOTICE TAKE NOTICE that the Board of County Commis- sioners is proposing certain amendments to the Text 01 the Garfield County 2013 Land Use and .Davelcpment Cade. es amended. Thu Garfield County Planning Commission will consider amendments to Article 1S: Definitions for a "Dwelling Unit, Detached" in a noticed public hearing. All persons affected by the proposed amendments are Invited to appear and slate !heir views, pre - mats or support. If you cannot appear personally at such hearing, then you are urged to slate your views by teller, as the Planning Commission will give consideration to the comments in deciding whether to approve the proposed amendments. The draft amendments may be reviewed at the of- fice of the Community Development located at 108 8th Street, 4th Floor, Garfield County Administra- tion Building, Glenwood Springs, Colorado be- tween the hours of 8:30 a.m. and 5:00 p.m., Mon- day through Friday. Ina public hearing hes been scheduled for March 8, 2017 at 5:00 PM which wit be held In the Courr- tyy Cornmissionerb MeetingRoom, Garfield County Administration Building, 18 81h Street, Glenwood Springs, Colorado. Published in the Citizen Telegram February 9, 2017. (12609579) EXHIBIT a David Pesnichak From: Justin Kirkland <Justin@gypsumfd.com> Sent: Tuesday, January 17, 2017 1:37 PM To: David Pesnichak Subject: TXTP-01-17-8511 To whom it may concern re: TXTP-01-17-8511 As long at the ICC codes are followed then we have no concerns. Justin Kirkland Fire Chief Gypsum Fire Protection District 511 Second Street /PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15 PRIVILEGED COMMUNICATION. This email may contain privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. 1 David Pesnichak From: Nathan Lindquist <nlindquist@rifleco.org> Sent: Tuesday, January 17, 2017 10:34 AM To: David Pesnichak Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral B s EXHIBIT Thanks Dave, I don't have any comments but will be curious what you end up with. We don't have any specific standards and have told people as long as they can meet building code standards (which tends to need at least a minimum square footage of 300-400 sq ft) they are good. From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Tuesday, January 17, 2017 10:20 AM To: Kelly Cave; Morgan Hill; Yvonne Long; jbuck@carbondaleco.net; Tim Cain; jaluise@townofsilt.org; Nathan Lindquist; Stuart McArthur; Gretchen E Ricehill; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org; rbiggers@ci.glenwood-springs.co.us; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com; cjay@garfieldre2.org; khaptonstall@garfieldre16.org Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral Hello, The Garfield County Community Development Department has received direction from the Garfield County Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'. The proposal is to continue to require that the units meet all applicable building code requirements for a residential dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by Wednesday February 15, 2017. The first Public Hearing on this proposal is scheduled before the Garfield County Planning Commission on Wednesday March 8, 2017 at 6.00PM at the County Administration Building, First Floor. The Public Hearing with the Board of County Commissioners has been subsequently scheduled for Monday March 20, 2017 at 1.00PM at the County Administration Building, First Floor. To access the application, go to: http:llrecords.Parfield- county.cora/WeblinklCustomSearch.aspx?SearchName-BuildingDocument5earch Search for "Permit Number (File No.)": TXTP-01-17-8511 Thank You! David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 1 David Pesnichak z a s EXHIBIT From: Ron Biggers <ron.biggers@cogs.us> Sent: Thursday, January 26, 2017 11:05 AM To: David Pesnichak Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral Dave, I do not object to amending the 20x20 size to accommodate tiny homes in unincorporated Garfield County. If they are put in clusters will we get to comment on their plan to be sure they meet emergency vehicle access, fire flow and possibly wildfire mitigation needs? Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives!!! 970-384-6433 Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Content cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Tuesday, January 17, 2017 10:20 AM To: Kelly Cave <kcave@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Yvonne Long <ylong@garfield- county.com>; jbuck@carbondaleco.net; Tim Cain <timc@newcastlecolorado.org>; jaluise@townofsilt.org; nlindquist@rifleco.org; Stuart McArthur <StuartMC@parachutecolorado.com>; Gretchen E Ricehill <gretchen.ricehill@cogs.us>; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org; Ron Biggers <ron.biggers@cogs.us>; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com; cjay@garfieldre2.org; khaptonstall@garfieldre16.org Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral Hello, The Garfield County Community Development Department has received direction from the Garfield County Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'. The proposal is to continue to require that the units meet all applicable building code requirements for a residential dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on accessing a digital version of the application. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by Wednesday February 15, 2017. 1 Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak February 22, 2017 Hello David, Public Health Public Health EXHIBIT 1 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I have reviewed the application for a Code Text Amendment to Article 15 definitions of a Detached Dwelling Unit to allow for Tiny Homes, or "Efficiency Homes" in Garfield County land use code. Garfield County Public Health supports removing the dimensional requirements of 20 feet by 20 feet from the definition of "dwelling unit" so that Tiny Homes can be permitted in unincorporated Garfield County. There are multiple benefits of Tiny Homes as an affordable and environmentally friendly housing option. As mentioned in the Staff Memo, these homes use less materials to produce and have a reduced footprint; and use less energy to heat and cool. We also support maintaining the requirements of the International Residential Code (IRC) in the design and operation of these units, particularly those that have an environmental health component: - They must have a sanitary sewer or onsite wastewater treatment system (OWTS) connection and have a full bathroom with a toilet and sink that supplies both hot and cold water; and - Meet the County's drinking water requirements and have conducted a water quality test that includes a suite of compounds at least as robust as those offered under the "Deluxe Colorado Package" offered by the Colorado Department of Public Health and Environment Laboratory Services Division. When these homes also have a connection with the ground and are not suspended on a trailer, Public Health also recommends testing the home for radon to reduce the risk of lung cancer. Thank you, Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease