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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2012 - FIRST READING OF ORDINANCE NO. 019, 2012, AMENDINGDATE: March 6, 2012 STAFF: Jon Haukaas Roger Buffington AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT First Reading of Ordinance No. 019, 2012, Amending Chapter 26 of the City Code to Revise the Manner in Which Carriage Houses May Obtain Water and Sewer Service. EXECUTIVE SUMMARY The City’s Land Use Code allows carriage houses to be constructed at the rear of lots in certain zoning districts. The City Code currently requires that such buildings have separate water and sewer services connecting to City water mains and sanitary sewers. This requirement frequently stops the carriage house projects due to construction constraints and cost considerations. The proposed change in the City Code would provide an option to connect the water and sewer services to the primary residence at the front of the lot with certain limitations. BACKGROUND / DISCUSSION The Land Use Code defines a carriage house as follows: Carriage house shall mean a single-family detached dwelling, typically without street frontage, that is located behind a separate, principal dwelling on the same lot, which fronts on the street. The City Code presently requires that each building have separate water and sewer services; however, the Code does the allow the Utilities Executive Director to authorize more than one building connect to water and sewer services if the following three conditions are met: 1. The combined water use of the buildings shall not exceed the capacity of the service line. 2. If the service is for residential use, only one of the buildings may be used as a residential dwelling. 3. If the buildings are served by one service line, the buildings shall be under single ownership and no subsequent division of ownership or subdivision of the property, upon which the buildings are located, shall be permitted until separate service lies have been installed to each building. For carriage houses, the second condition has been problematic in that it requires the carriage house to connect to the City water mains and sanitary sewers typically in the street in front of the principal dwelling. In the older parts of the city, mature trees and landscaping often make it very difficult, if not impossible, to install service lines around the principal dwelling. For newer areas of the city, the narrow lot widths make it impossible to place these services between the houses due to the presence of gas and electric services, window wells, air conditioning units, landscaping and fences. In addition to the obstacles encountered in construction, the extension of the services to the public mains in the street involves cutting the pavement and trenching into the street right-of-way. These trenches affect the integrity of the street paving and impact future street maintenance costs for the City. Property owners who have considered building carriage houses find the added costs associated with street cuts often stop the project. In order to overcome the construction hurdles and address the impacts to streets and related project costs, it is proposed that Chapter 26 of the City Code be revised to provide the Utilities Executive Director the flexibility to approve the connection of the carriage house water and sewer services to the principal dwelling under the conditions listed below and included in the proposed ordinance: 1. The combined water use of the buildings shall not exceed the capacity of the service lines. 2. If the buildings are served by one service line, the buildings shall be under one ownership, and no subsequent division of ownership or subdivision of the property upon which the buildings are located shall be permitted until separate service lines have been installed to each building. March 6, 2012 -2- ITEM 11 3. If the service is for residential use, only one of the buildings shall be used as a residential dwelling unless the buildings are located on a single platted lot and one of the buildings is a carriage house. The term carriage house shall have the same meaning as in the Land Use Code. 4. Plant investment fees, raw water requirements and any other applicable charges required in connection with the additional building to which service is to be provided shall be remitted in accordance with Chapter 26 of the City Code. For a carriage house, the additional plant investment fees and raw water requirements, as well as monthly meter rates and any other water-related charges shall be determined based on the addition of a new dwelling unit on the property. 5. A written covenant or other document signed by the owner of the property to be served and incorporating these requirements and limitations as a condition of service to said property, in a form provided by the Executive Director, shall be submitted to the Executive Director as a condition of approval and shall be duly recorded at the office of the County Clerk and Recorder. FINANCIAL / ECONOMIC IMPACTS The proposed changes to the City Code would provide an option for water and sewer service for carriage houses that may make it feasible for a property owner to proceed with a project. The City would collect plant investment fees and water rights for the additional dwelling unit. In addition, this option would allow carriage houses to obtain water and sewer service without having to disturb the street pavement and install utility trenches in the street right-of-way. This would help to maintain the overall condition of the street pavement in those areas and, thereby, avoid higher street maintenance costs in the future. ENVIRONMENTAL IMPACTS This revision to the City Code would help to maintain the longevity of the street improvements in neighborhoods by reducing pavement repair operations that result from street cuts and trenching in the street right-of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 16, 2012 meeting, the Water Board recommended approval of the changes to City Code which would allow the Utilities Executive Director to approve the water and sewer services for carriage houses to connect to the principal dwelling on the property. PUBLIC OUTREACH During the past few years, Water Utilities has collected comments and input from developers, property owners and contractors through the Current Planning Department’s conceptual review process and through various contacts for information regarding water and sewer service for carriage house projects. In several instances, property owners were interested in constructing carriage houses but found the construction difficulties and the additional costs associated with connecting water and sewer services to the City mains in the street caused the projects to be impractical. ATTACHMENTS 1. Water Board minutes, February 16, 2012 Excerpt from Unapproved Water Board Minutes, February 16, 2012 - 1 - Water/Sewer Services to Carriage Houses (Attachments available upon request). Water Utility Development Review Manager Roger Buffington presented information on this item and stated that Utilities has been working with the City Attorney’s Office to develop an option for how carriage houses receive water and wastewater services. The Land Use Code (LUC) allows carriage houses in certain zoning districts. Chapter 26 requires that each building have separate water and sewer services; however, an exception can be granted by the Utilities Executive Director if the following three conditions are met: 1. the combined water use of the buildings shall not exceed the capacity of the service line; 2. if the service is for residential use, only one of the buildings may be used as a residential dwelling; 3. if the buildings are served by one service line, the buildings shall be under single ownership. A carriage house is defined as a single-family detached dwelling typically without street frontage that is located behind a separate principal dwelling on the same lot. A board member asked for clarification on the meaning of a single-family detached dwelling. Mr. Buffington stated the building must contain a kitchen to be considered a dwelling. Mr. Buffington explained the challenges with extending water and service services to carriage houses in the older areas of town. For example, installing service lines around the principal dwelling may be challenging due to mature landscaping. In newer developments, the narrow lot sizes make it impossible due to the presence of gas and electric services, window wells, etc. Utilities proposes that Chapter 26 of the City Code be revised to provide the Utilities Executive Director the flexibility to approve the connection to the principal dwelling on the property if the following conditions are met: 1. The services must have adequate capacity for both buildings. 2. The buildings are under one ownership on a single platted lot. 3. One of the buildings must meet the carriage house definition contained in the LUC. 4. Plant investment fees are paid and raw water requirements are satisfied for the additional dwelling unit on the property. 5. A written covenant or other document containing these conditions is signed by the owner of the property and submitted to the Executive Director as a condition of approval, and this document is recorded at the office of the County Clerk and Recorder. Board discussion: A board member questioned if Utilities has taken into consideration the possibility that property owners will build additional structures on their property that they could not have built prior to this code change. Mr. Buffington stated this has been considered by Utilities because there have been cases of property owners building additional habitable structures with no kitchen. The board member expressed concerns that the Water Board’s recommendation for the change may encourage these types of loopholes. Are there other stringent regulations in place that prevent this? Mr. Buffington stated the Land Use Code has limitations on the size of carriage ATTACHMENT 1 Excerpt from Unapproved Water Board Minutes, February 16, 2012 - 2 - houses. This varies depending on the zoning district; however, they generally are from 800-1,000 square feet. Sometimes the costs of extending service to the street become prohibitive to the property owners and they decide not to move forward with the project. Would the property owner pay double fees for the additional water and sewer service? The property owner would have already paid the fees for the principal dwelling; however, there would be additional fees for the second dwelling. What is the initiative for this proposed change? Mr. Buffington stated the City occasionally receives requests for carriage houses. In several instances, the projects were not built due to the construction constraints and the costs of extending the water and sewer services to the City mains in the street. A board member questioned the first condition (the combined water use of the buildings shall not exceed the capacity of the service line). The board member asked for further clarification on this statement. Mr. Buffington stated that the capacity of the line has not been an issue; however, this condition is included to tie the regulations together. The board member feels the proposed change is good because it supports an individual’s use of their property without them incurring additional costs. What zoning areas are included? The neighborhood conservation low density, neighborhood conservation medium density, and the neighborhood conservation buffer districts are included in the zoning areas as per the Land Use Code. Is there a limitation to the size of the carriage house? Mr. Buffington stated there is a limitation in the zoning districts listed above. The board member expressed concern about a property owner building an additional dwelling such as rental property. Water Engineering and Field Services Operations Manager Jon Haukaas stated that only one primary residence is allowed on the property. The additional dwelling would be limited by the carriage house rule. How many people will be impacted or benefitted by this change? Mr. Buffington stated there are not very many requests for these types of structures; however, the requests are consistent enough to warrant the code change. Vote on the motion: It passed unanimously. Board Member Bovee moved that the Water Board recommend to City Council approval of the changes to City Code which would allow the Utilities Executive Director to approve the water and sewer services for carriage houses to connect to the principal dwelling on the property. Board Member Goldbach seconded the motion. ORDINANCE NO. 019, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE THE MANNER IN WHICH CARRIAGE HOUSES MAY OBTAIN WATER AND SEWER SERVICE WHEREAS, the City Code currently requires separate water and wastewater service lines for each and every residence served by the City’s Utilities; and WHEREAS, in order to promote infill development and eliminate barriers to the development of carriage houses as accessory residences in appropriate zone districts as allowed under the City’s Land Use Code, staff has proposed a limited exception to the requirement for separate service lines; and WHEREAS, the Water Board considered proposed revisions to Chapter 26 of the City Code at its February 16, 2012, meeting and recommended approval of the proposed changes; and WHEREAS, the City Council desires to enact the proposed changes, as set fort herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-94 of the Code of the city of Fort Collins is hereby amended to read as follows: Sec. 26-94. Individual service lines for each building required. (a) Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants. (b) Notwithstanding the provisions of Subsection (a) of this Section, after review and approval of the plans and specifications therefor, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, conditioned uponprovided each of the following criteriarequirements is met: (1) The combined water use of the buildings shall not exceed the capacity of the service line and meter; (2) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling; (32) If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building; (3) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one of the buildings is a carriage house. For purposes of this Section, the term carriage house shall have the same meaning as in the Land Use Code; (4) Plant investment fees, raw water requirements, and any other applicable charges required in connection with the additional building to which service is to be provided, shall be remitted as provided in this article. For a carriage house, additional plant investment fees and raw water requirements, as well as monthly meter rates and any other water-related charges, shall be determined based on the addition of a new dwelling unit on the property; and (5) A written covenant or other document signed by the owner of the property to be served and incorporating the requirements and limitations of this Section as a condition of service to said property, in a form provided by the Executive Director, shall be submitted to the Executive Director as a condition of approval, and shall be duly recorded at the office of the County Clerk and Recorder. If the Utilities Executive Director should determine that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements, shall contain as a condition of continued service hereunder and specific reference to Subsection (a) of this Section requiring individual service lines for each building, shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder. Section 2. That Section 26-256 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-256. Individual service lines for each building required. (a) Each property shall be served by its own service line, and no connection shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory -2- structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants. (b) Notwithstanding the provisions of Subsection (a) of this Section, after review and approval of the plans and specifications therefor, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, conditioned uponprovided each of the following criteriarequirements is met: (1) The combined wastewater flow from the buildings shall not exceed the capacity of the service line; (2) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling; (32) If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building; (3) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one of the buildings is a carriage house. For purposes of this Section, the term carriage house shall have the same meaning as in the Land Use Code; (4) Plant investment fees, and any other applicable charges required in connection with the additional building to which service is to be provided, shall be remitted as provided in this article. For a carriage house, additional plant investment fees, as well as monthly meter rates and any other wastewater-related charges, shall be determined based on the addition of a new dwelling unit on the property; and (5) A written covenant or other document signed by the owner of the property to be served and incorporating the requirements and limitations of this Section as a condition of service to said property, in a form provided by the Executive Director, shall be submitted to the Executive Director as a condition of approval, and shall be duly recorded at the office of the County Clerk and Recorder. If the Utilities Executive Director should determine that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements, shall containas a condition of continued service hereunder and specific reference to Subsection (a) of this Section requiring -3- individual service lines for each building, shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 20th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk -4-