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HomeMy WebLinkAboutBuilding Review Board - Minutes - 02/28/2019City of Fort Collins Page 1 February 28, 2019 Alan Cram, Chair City Council Chambers Tim Johnson, Vice Chair City Hall West Brad Massey 300 Laporte Avenue Bernie Marzonie Fort Collins, Colorado Katharine Penning Justin Robinson Staff Liaison: Russ Hovland Chief Building Official The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting Minutes February 28, 2019 A regular meeting of the Building Review Board was held on Thursday, February 28, 2019, at 1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Chair Cram called the meeting to order at 1:00 p.m. • ROLL CALL PRESENT: Cram, Johnson, Massey, Marzonie, Penning ABSENT: Robinson STAFF: Hovland, Gerber, Van Hall, Depew, Kadrich, Yatabe, Schiager • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None • DISCUSSION AGENDA 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 25, 2018 MEETING. Mr. Johnson moved to approve the minutes of the October 28, 2018 meeting. Ms. Penning seconded. The motion passed 5-0. Building Review Board City of Fort Collins Page 2 February 28, 2019 2. JASON JONES APPEAL OF DENIAL OF ONE TIME EXEMPTION OF CLASS D1 LICENSE TO BUILD A CLASS C2 LICENSE-LEVEL PROJECT (4-PLEX MULTI-FAMILY) DESCRIPTION: Jason Jones currently has a Class D1 license allowing him to build new housing of not more than two (2) dwelling units. Jason has built four (4) new single-family detached homes in city limits and is in good standing. Jason would like to be approved as the permit holder and general contractor (GC) to build a 4-unit multi- family building (4-plex) which requires a higher-level Class C2 license. Chair Cram asked the Appellant to introduce himself, and then reviewed the procedures for the hearing. Staff Presentation Mr. Hovland presented the staff report noting Mr. Jones has never built dwellings that included fire sprinkler systems or dwelling separation walls. Appellant and Parties-in-Interest in Support of Appeal Arguments Mr. Jones provided copies of his work history and business information to Board members and staff. He explained his work experience and stated he is qualified to build this 4-plex as he has installed interior sprinkler systems in the past and the separation walls are uncomplicated. He requested a one-time exemption for this project noting he and his wife intend to keep the property for a rental. Staff Response None Appellant Rebuttal None Board Questions of Staff and Parties-in-Interest Ms. Penning asked Mr. Hovland whether a test is required for the C2 license. Mr. Hovland replied in the affirmative stating the C2 exam is the commercial exam under the IBC. Mr. Massey asked if Mr. Jones has taken any commercial construction courses. Mr. Jones replied in the negative. Mr. Massey asked if a single permit is required for the 4-plex. Mr. Jones replied in the affirmative. M. Massey asked Mr. Jones if he has carefully reviewed plans for installing a fire partition. Mr. Jones replied his plans call for a 2-hour fire separation between each unit that extends from the foundation through the attic space. He intends to place two layers of sheet rock in between the units. Mr. Massey asked Mr. Jones if he understands the nuances of the installation. Mr. Jones replied he feels he has the knowledge and resources to properly install the walls and pass inspections. Mr. Massey asked about an option for Mr. Jones to work under another individual's license. Mr. Hovland replied Mr. Jones could seek out a C2 licensed contractor who would act as a mentor. Mr. Jones stated he would consider that but would prefer to do the work himself. He stated he does have three individuals with C2 licenses who would be willing to work with him; however, they are worried about future liability and he would like to structure future liability to be held with his company. Mr. Marzonie asked about this setting a precedent. Mr. Hovland replied that is a possibility and noted this type of request has typically not been approved. He stated he would want to formalize any mentorship type of agreement and would work with the City Attorney's to ensure the City has the authority to do that. Mr. Massey asked if Mr. Jones would gain the necessary experience for a C2 license by completing this project under a mentor. Mr. Hovland replied he would need three projects of this type in order to gain the experience necessary. Mr. Johnson noted it is difficult to gain necessary experience to get the C2 license without being an employee of a company. Mr. Hovland and Ms. Gerber agreed. Mr. Massey suggested the architectural drawings be redone to expand detail and expressed doubt Mr. Jones is prepared to fill existing gaps with his past experience. City of Fort Collins Page 3 February 28, 2019 Public Comment None Board Discussion Chair Cram stated the biggest issue is the difference between residential and commercial and expressed concern about the lack of specification in the drawings. He recommended Mr. Jones get more detailed drawings if he is given the opportunity to build this project. Ms. Penning stated she would only approve this moving forward with a C2 licensed supervisor. Motion Mr. Massey moved to modify the decision of the Chief Building Official to allow Mr. Jones to act as a general contractor and permit holder for this project with supervision by a current licensed C2 contractor in a mentorship role. Mr. Marzonie seconded. Board Discussion None The motion passed 5-0. Mr. Hovland clarified this would allow Mr. Jones to obtain the permit under his license level with supervision from a current C2 licensed contractor. Mr. Jones would therefore hold the liability for the project. Mr. Massey stated that was the intent of his motion and accepted the clarification. Ms. Penning seconded. The motion passed 5-0 3. PROPOSED BUILDING CODE CHANGES TO REQUIRE MIXED CONSTRUCTION AND DEMO WASTE BE SENT TO NEW COUNTY RECYCLE SORTING FACILITY DESCRIPTION: Honore Depew, Senior Sustainability Specialist for Waste Reduction and Recycling, will present the details of a proposed ordinance to amend the I-codes to help divert construction and demolition debris (C&D) and enable the construction of a new C&D sorting facility. This item will be considered for first reading by City Council at its March 5th regular meeting. Staff Report Mr. Depew explained these changes would amend Section 12 of the general Municipal Code in addition to the I-Codes. He discussed the impending closure of the existing landfill and stated a new county landfill in the north part of the county will be constructed along with a central transfer station, composting facility, sorting facility for mixed loads of construction waste, and an improved recycling center at the existing landfill area. Mr. Depew stated this ordinance would direct all mixed loads of construction and demolition debris to a County-owned facility starting once it is operational, around 2022, and continuing for 10 years. He requested feedback on the proposed changes. Board Comments Ms. Penning commended the proposed changes as being a good way to ensure recycling and composting is happening, particularly with smaller projects that cannot sort onsite. Mr. Johnson asked why the period of 10 years is included. Mr. Depew replied the County is not trying to compete with the private sector; therefore, after the public investment in this facility and its use for 10 years, the development of a comparable facility by the private sector would be permissible. Mr. Johnson asked if the quantities of each debris category could be captured to help qualify construction for LEED certification. Mr. Depew replied in the affirmative stating the new facility will provide receipts of materials received. City of Fort Collins Page 4 February 28, 2019 Chair Cram noted there is currently a problem with the lack of a market for recycled materials. He asked about the possibility of that happening with construction materials. Mr. Depew replied the global recycling markets for traditional curbside recycling has been disrupted by China's decisions; however, that condition does not apply to building materials as they are so heavy and voluminous that they tend to be used more locally or regionally. Chair Cram asked about construction dumpsters being contaminated with items from the public. Mr. Depew replied challenges would exist with hazardous waste; however, this should alleviate the issue as non-recyclable items can be sorted at the facility. Mr. Massey asked about the threshold for C&D recycling. Mr. Hovland replied a scope of work of at least 1,000 square feet triggers the C&D requirement. Ms. Penning asked if the threshold could be reduced. Mr. Depew replied that could occur in the future; however, the intention at this time was to not introduce anything that would deviate from the norm beyond this one change triggered by future completion of the facility. Mr. Marzonie asked if the cost of this facility is comparable to the existing facility. Mr. Depew replied it is a bit difficult to quantify as costs vary by the type of project and the material volume. The cost of dropping material at the proposed sorting facility will be more expensive than the cost of putting material into a landfill. The estimated cost per ton for trash is $29 per ton and $37 per ton for C&D. Mr. Johnson stated there is value in having the operations all in one place. Public Input None Board Deliberation Mr. Massey moved to support the new program to require use of the future Larimer County landfill transfer station as presented. Ms. Penning seconded. The motion passed 5-0. 4. PROPOSED BUILDING CODE CHANGE TO ALLOW SHORT-TERM RENTALS IN MULTI-FAMILY BUILDINGS DESCRIPTION: Building Services and Poudre Fire Authority have identified a short-term rental (STR) licensing policy that conflicts with current Building and Fire codes adopted by the City. The Chief Building Official (CBO) recommends adding language to the occupancy description section of Chapter 3 in the adopted 2018 IBC to allow R-2 multi-family buildings to have not more than 25% of units/dwellings with occupants that are transient in nature thereby keeping the primary use of the building permanent residents. The building would then not be considered a change of occupancy. Staff Report Mr. Hovland presented the staff report stating multi-family units are treated in two different ways, one with transient uses and one with non-transient uses and detailed the conflicting policy. He discussed his proposal to amend the Code wording. Board Questions and Discussion Ms. Penning asked if there are situations in the city where short-term rental properties make up more than 25% of a building. Mr. Hovland replied in the affirmative stating 68 licenses are currently in question; this change would reduce that number to 6 or 7. Mr. Massey asked if units must be specifically identified, stating that could be a challenge, specifically with multiple owners. Mr. Hovland replied the City has a consultant that tracks all short-term rentals in the city, and it is anticipated this will become part of that tracking. It is true that if one unit in a 4- plex becomes a short-term rental, the other 3 units could not hold a short-term license. Assistant City Attorney Yatabe noted short-term licenses are associated with a property owner, not with a property; therefore, any buyer would have to apply for the license themselves. City of Fort Collins Page 5 February 28, 2019 Ms. Penning asked how the 6 or 7 existing licensees that are over 25% will be handled. Mr. Hovland replied the plan is to meet with owners and inspect the properties to determine how those buildings can be brought up to code. He noted variances may be required in some cases. Ms. Penning asked if short-term rental licenses expire. Mr. Hovland replied they are all one-year licenses. Public Input Elizabeth Derbyshire stated the IBC treats short-term rentals similarly to hotels and motels; therefore, allowing short-term rentals in multi-family units without certain safety features violates that code and putting an arbitrary 25% cap on short-term rentals puts those units at risk. She asked if it is okay for all units in a multi-family dwelling to be short-term rentals if the IBC codes are met. She stated she found nothing about multi-family dwellings in the short-term rental ordinance and suggested allowing short-term rentals in multi-family dwellings is going to make the housing shortage worse. She requested the Board recommend denial of the proposal. Kathryn Dubiel expressed concern there has been little citizen outreach for this change and stated the proposed change would have a huge negative impact on the housing market for those who rent, and the lack of affordable housing would be further exacerbated. She requested the Board withhold recommendation of the change based on its impacts. Paul Patterson suggested delaying this item to allow more time for citizen outreach. Board Discussion Ms. Penning stated there is currently no cap on multi-family short-term rentals; therefore, this adds controls and matches what the IBC states as being appropriate. Mr. Johnson asked about the original short-term rental program. Mr. Hovland replied there was not much discussion around multi-family short-term rentals; however, given that they are occurring, the intent of this change is to meet codes while still allowing some flexibility for property owners. Mr. Johnson asked if this could trigger a discussion about the original short-term rental ordinance. Laurie Kadrich, Planning, Development, and Transportation Director, stated it was part of the original ordinance to allow short-term rentals in multi-family units and there was no citizen objection at the time. Mr. Johnson asked how short-term rentals are currently reviewed and if they are inspected. Mr. Hovland replied the application includes a checklist of minimum life and safety items but there is no inspection. Ms. Penning noted this item is only related to the code, not the entire short-term rental ordinance; therefore, she expressed support for the change. Chair Cram expressed concern that certain properties are not expected to meet the code Mr. Massey stated affordable housing is not part of the Board's purview. He asked if there is a cost associated with the annual short-term rental license. Mr. Hovland replied in the affirmative. Board Deliberation Ms. Penning moved to support the proposed building code change as presented. Mr. Massey seconded and requested a friendly amendment clarifying the purview of the Board from a Building Code standpoint noting the larger context of affordability lies with City Council. Ms. Penning accepted the friendly amendment. The motion passed 5-0. • OTHER BUSINESS o Election of Officers Mr. Marzonie nominated Mr. Cram for Chair and Mr. Johnson for Vice Chair. Mr. Massey seconded. Motion passed 5-0. ADJOURNMENT Chair Cram adjourned the meeting at 2:39 p.m. Minutes prepared by Tara Leman, Tripoint Data, and respectfully submitted by Gretchen Schiager. Minutes ~fk/approved by 2-a vote of t;the Board / oil'-~i,t 0 ?'-;.{;? t?¢~ /1 CL-- Russell Hovland, Chief Building Official Alan Cram, Chair