HomeMy WebLinkAbout1.01 Memo - PC Guidance ADU Update 07.25.2018RECEIVED
AUti 1 0 2018
GARFIELD COUNTY
cbm¡¡ ul,¡ trY DEvELoPMENT
MEMO
TO: Garfield County Planning Commission
FROM: Patrick Waller, Senior Planner
DATE: Wednesday, July 25,2O!8
SUBJECT: Planning Commíssion Guidance on Accessory Dwelling Unit Code Update
BACKGROUND
Pursuant to the Land Use and Development Code of 2013, applicants may apply for an Accessory
Dwelling Unit (ADU) - Land Use Change Permit. All ADU applications are subject to an
Administrative Review process. ln recent years, staff has seen a substantial increase in the
amount of ADU applications. The chart below shows the number of ADU applications received
since 2010.
Accessory Dwelling U nít Applications
16
15
1A
-L tl
t4
1.2
10
2
I
6
4
7
0
I
7
3
6
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2A16 2017 2018
Guffield Coun$
2011 2012
1
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2013 2014
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ADU's are an important part of the housing stock in Garfield County. They allow for possible
rental houslng options for citizens of the County and also permit property owners to earn extra
income through the use of the unit as both short-term and long-term rentals. Through the
increased number of ADU applications, staff has noticed an opportunity to increase efficiency in
the review that would provide a benefit for customers of the Community Development
Department,
At a future noticed public hearing, staff is anticipating bringing forward possible Code Text
Amendments for further Planning Commission deliberation and recommendation prior to a
hearing in front of the BOCC. The proposed Amendments will be written with the ¡ntent to
increase efficiency in the Accessory Dwelling Unit review process.
STAFF OBSERVATIONS AND POSSIBLE UPDATES
Existins Conditions
ln the current iteration of the Land Use and Development Code (LUDC), Accessory Dwelling Units
are processed the same as other Administrative Review applications and subject to the same
requirements. The application must demonstrate compliance with Article 7, Divisions 1-3. This
includes requirements for Water, Wastewater, and Access. Notice is required to property owners
within 200' and Mineral Owners. The Land Use and Development Code does allow for the
applicant to apply for waivers from identified standards.
Proposed Chanses
County Staff has identified the following possible updates to the Code
Tiered System
Currently the ADU application process treats all ADU's the same, regardless of the size of the
unit. Staff has identified a change that would allow for ADU's to be processed differently,
depending on the size of the unit. The table below shows proposed changes:
Proposed ADU Changes
Size of Unit (Square Feetl Review Process
1000 or less Permitted by rieht
Greaterthan 1000 Administrative Review*
* Exemption from TableT-LO7 Roadway Standards
This proposed change would allow for ADU's less than 1000 square feet to be permitted by-right
in all zone districts. This means that provided the applicant meets the minimum lot size
requirement a Land Use Change Permit would not be required and the applicant would on ly need
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a Ruilcling Permit and any associated OWTS permits. The unit would still be subiect to Article 7,
Divisions, L-3 of the Land Use and Development Code as well as ADU standards in Section 7-7OL
as outlined below:
A. Maximum Floor Areo. The Floor Area of an ADU shall not exceed L,500 square feet for
a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for
any lot 4 acres or greater.
B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit
and is for residential or Home Office/Business use only.
C. Compliance with Buitding Code. Construction shall comply with the standards set forth
in this Code and with Building Code requirements'
D. Minimum Lot Areo. The minimum Lot Size for an ADU is either:
L. 2 acres, or
2. 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
E. Entronce to Dwelling tJnit. A separate entrance to the Accessory Dwelling Unit is
req u ired.
F. One per Lot. One Accessory Dwelling unit which is subordinate to a Single-Unit (primary)
dwelling unit is allowed Per lot.
Units greater than 1000 square feet in Floor Area would be required to go through a full
Administrative Review process including public notice, however staff is proposing that the use
would be exempt from Roadway Standards.
This proposed update has been proposed to address the different impacts that different size units
have. A 1000 square foot or smaller unit has less of an impact on utilities, density, and traffic than
a unit that is double the size. Additionally, it would bring the review of a small ADU more in line
with review for single-family residences.
Changing Minimum Lot Size Requirement
Currently ADU's are only permitted if the lot is double the minimum lot size requirement, except
in a zone district that has a minimum lot size of two acres or more. Staff is proposing changing
that requirement to allow for ADU's on parcels that meet the minimum lot size requirement. This
would allow for ADU's to be approved on smaller lots. Any ADU would still be required to meet
Building Code and OWTS requirements as well as Standards as outlined in Article 7.
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Table 7-707 - Roadway Standards
Currently, ADU applicants are required to demonstrate that from a Public Road, to the use, any
existing road meets the Roadway Standards in Table 7-L07.lf the road does not meet those
standards, the applicant may apply for a waiver, pursuantto the Policy 0I-t4. This requires an
engineer to complete the waiver request that ultimately indicates the road is adequate for the
proposed use despite not meeting the required standards.
The Building Department does not review driveways to single-family dwellings for compliance
with Section 7-IO7. The addition of ADU traffic (9.57 Average Daily Trips as estimated by the
lnstitute of Traffic Engineers Trip Generation Manual) to an existing, permitted, single-family
dwelling unit can be considered relatively minor.
Based on this analysis, Staff is proposing an Amendment to the Land Use and Development Code
to exempt Accessory Dwelling Units from Roadway Standards as identified in Table 7-LO7.
TEXT AMENDMENT PROCESS
Staff will be moving forward with a Text Amendment application process that 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. This initial discussion is to determine Planning
Commission direction to staff and for Staff to receive Planning Commission input on possible
Amendments.
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