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HomeMy WebLinkAboutBCC Staff Report 101 PZ 24 Density 101 PZ 24 APPLICANT: Lincoln County Planning & Development Office PROJECT: Land Use Regulations Amendment, Density and Lot Design PLANNER: Marcus N. Fleming ____________________________________________________________________________________ PROPOSAL: File # 101 PZ 24 is a Proposed Amendment to the Lincoln County Land Use Regulations to modify three sections that will address recent development issues. Proposal A. Modify language in Chapter 6 Section 6.5. Density Proposal B. Amend Table 6.1 Density Table Proposal C. Amend 6.11.D.3. Lot Design Specifications, layout to clarify flag lot limitations BACKGROUND: The Planning and Zoning Commission and the Board of County Commissioners have expressed a desire to clarify Chapter 6.5 of the Land Use Regulations by modifying the text to represent how density, lot size, and flag lots shall be interpreted in future subdivisions. ATTACHMENTS: 1. Public Correspondence ____________________________________________________________________________________ PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission recommends that the Board of County Commissioners APPROVE file # 101 PZ 24 Proposals A, B, and C with: ● Findings of Approval A thru C. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT LAND USE REGULATION AMENDMENT PROPOSAL HEARING TIME AND DATE: 10:00 a.m., April 3, 2024 HEARING LOCATIONS: County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building, Conference Room, 421 Jefferson St, Afton, Wyoming FILE # 101 PZ 24 101 PZ 24 FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of W.S. 18-5-202 (b) for the adoption and amendment to a Comprehensive Plan, including Zoning. B. The proposal is consistent with the goals and objectives of the Lincoln County Comprehensive Plan Goals and Objectives IV Land Use, specifically: 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. 2. Promote the conservation of Open Space in Lincoln County. C. The proposal is consistent with the procedures outlined in Lincoln County Land Use Regulations Chapter One for the adoption of amendments, specifically regarding the noticing of Plan Amendment and Rezone proposals. PROPOSAL A: PROPOSED CHANGES ARE UNDERLINED AND RED, DELETED TEXT IS STRUCK OUT. 6.5 Density A. Lot/parcel size requirements. Residential lot size minimums are found in Table 6.1 for newly created lots and are listed here. 1. The development shall function efficiently and safely without overcrowding, given the site's topography, location, hazards and the development's: a. Utilities; b. Vehicular, pedestrian, and emergency access; c. Parking; d. Small wastewater systems; e. Storage of trash, snow, and other items; f. Structures; and g. Open space. 2. The developed lot/parcel shall contain and/or mitigate external nuisances. External nuisances include, but are not limited to, the following: a. Odor b. Noise c. Vibration d. Dust e. Smoke f. Light 3. New development should be as compatible as reasonably possible with adjoining and/or surrounding densities and uses in terms of the preservation of views, the design, bulk and height of the proposed structures, and the need to preserve the privacy of neighbors. 101 PZ 24 4. The minimum size lot in the Rural Zone is 5 acres, with the following exception. Lots under 5 acres shall only be accepted if lots have central water systems. 5. Open Space used in the average lot size calculation shall have a plat warning stating that the Open Space is tied to the density requirements of the subdivision and shall not be subdivided further. Additionally, the plat warning for Open Space shall specify how the Open Space will be used and accessed, or restricted. PROPOSAL B: 6.1 Residential Density Table for Newly Created Subdivision Lots Created After 5/4/2005 New line to read: Every Phase of a New Development Must Meet Current Density Table Requirements. New lines to read: R & RC 3+ lots 5 acre Min. 60’ R.O.W. X Gravel road*** Individual Well Individual Septic R & RC 3+ lots 3 acre Avg. 60’ R.O.W. X Paved road Central Water Enhanced Septic 2 acre Min. See the proposed modifications to Table 6.1 Residential Density Table (Attached) 101 PZ 24 Table 6.1 RESIDENTIAL DENSITY TABLE FOR NEWLY CREATED SUBDIVISION LOTS CREATED AFTER 05/04/2005 Every Phase of a New Development Must Meet Current Density Table Requirements Utility Improvements Installed by Developer ZONE NO. OF LOTS CREATED MINIMUM LOT SIZES R.O.W. ELECTRI C TELEPHON E ROADS WATER WASTEWATER COMMENTS R & RC 1 - 2 2.5 ac. Avg. 60' N/A N/A N/A Individual ** Individual Septic **Enhanced Septic if avg. lot size < 5 acres and new system 1.5 ac. Min. R & RC 1 - 2 2.5 ac. Avg. 60' N/A N/A N/A Central Individual Septic 1 ac. Min. Mixed 1 - 2 1.5 ac. Avg. 60' N/A N/A N/A Individual Enhanced Septic 1 ac. Min. Mixed 1 - 2 1.5 ac. Avg. 60' N/A N/A N/A Central ** Individual Septic **Enhanced if new system 0.5 ac. Min. R & RC 3+ 60' X X X Gravel *** Individual Individual Septic 5 ac. Min. R & RC 3+ 3 ac. Avg 60' X X X paved Central Enhanced Septic 2 ac. Min. Mixed 3+ 1 ac. Avg. 60' X X X paved X central Enhanced Septic 0.5 ac. Min. Mixed 3+ 0.5 ac. Avg. 60' X X X paved ** X central Enhanced Septic **Improvement district connections 0.5 ac. Min. RC *P.U.D. 1 ac. Avg. 60' X X X paved X central X central treatment 60 ac. Minimum project size (*Appendix D) Mixed *P.U.D. 8 per acre 60' X X X paved X central X central treatment 2 ac. Minimum project size (*Appendix D) R = Rural Zone RC = Recreational M = Mixed Zone R.O.W. = Right-of-Way X = Applicable Developer Installed Improvement; *P.U.D. = Planned Unit Development, see Appendix D; ** Existing Septic system may be retained for simple subdivision lots if pumped & passed inspection in past 2 years. ***Paved roads required for Class A collector roads serving 40+ lots. 101 PZ 24 PROPOSAL C: 6.11 Lot Design Specifications A. All lots shall be designed to conform to the existing topography in such a way as to avoid future problems of access, construction and drainage. B. Lots shall function efficiently and safely without overcrowding, given the lot's topography, location, hazards and development's: 1. Utilities 2. Vehicular, pedestrian, and emergency access 3. Parking 4. Small wastewater systems 5. Storage of trash, snow and other items 6. Structures 7. Open space C. A Subdivision development shall be required, as reasonably possible, to be compatible with adjoining and/or surrounding densities and uses in terms of the design, bulk and height of any proposed structures. D. Layout. A single lot shall not be divided by a public road, alley, or another lot. 1. Side lot lines shall be at approximate right angles or radial to road right-of-way lines or center-lines. 2. Each lot shall abut a private street, or private access right-of-way, or dedicated street, and have a minimum of 38 feet of frontage. 3. Flag lot design is discouraged. In no case shall a subdivision have more than 2 flag lots and in no case shall they abut each other. In no case shall the leg (or length) of a flag lot exceed 3 times its width. The leg shall be defined as a narrow section of land that leads to the larger body of a lot. The length of the leg shall be defined as the shortest dimension perpendicular or nearly perpendicular to the width. E. Each lot, which is not served by central sewer systems shall contain within its boundaries a build-able area of at least 15,000 square feet. Build-able area is defined as area free of: slope over 30 percent, avalanche hazard, mine subsidence hazard, stream/river channels, 100- year flood plains, and/or road easements. See Table 6.1 Residential Density Table for minimum lot sizes for new residential subdivision lots. 1 | P a g e Rod & Ileene Jensen 181 Madison Street Afton, WY 83110 March 1, 2024 Lincoln County Office of Planning and Development Lincoln County Annex 61 East 5th Avenue Afton, WY 83110 Planning@lincolncountywy.gov RE: Land Use Regulations Amendment, File #101 PZ 24 Dear Planning and Development Board Members: Thank you for your great service and deep concern for all of Lincoln County as we face new populatfon growth, demographic and economic transformatfon, and the emerging challenges ushered in by this growth. You have volunteered for a very difficult positfon. We wish to express our deep concern, and adversity, for the proposed File: # 101 PZ 24. The essence of the proposal is to increase lot sizes by greatly reducing flag lot potentfal and generally increasing lot size from a minimum 2-acre with a 5-acre average to a 5-acre minimum. At the February 7, 2024, Planning and Development meetfng we recommended and humbly requested that this honorable Commission pursue an in-depth analysis as part of the decision process to measure and determine how this actfon will impact housing availability, lot affordability, inventory and the current critfcal issue of affordable housing facing North Lincoln County. In recalling the Planning and Development Board’s February 7, 2024, discussion regarding 101 PZ 24 there was no discussion of the need, the social benefit and/or cost, or underlying foundatfonal reasoning for the proposed changes to the current land use regulatfons other than the Board of Commissioners “wanted this change”. The Honorable Joseph B. Bluemel, Wyoming Third Judicial District Court Judge, wrote in a 2023 order reversing and remaining a decision regarding land use and access back to a Lincoln County governmental entfty the following: 2 | P a g e (Third Eye Development, Inc. v. Afton-Lincoln County Airport Joint Powers Board, ORDER REVERSING AND REMANDING AFTON-LINCOLN COUNTY AIRPORT JOINT POWERS BOARD DECLARATION REJECTING THROUGH-THE-FENCE ACCESS AGREEMENT WITH AFTON SKY RANCHES, 13 June 2023, Section II. Standard of Review, P 7) We are asking for answers from the Planning and Development Board to the following three questfons: 1: What is the rational basis and driving need of this proposed change from the current land use plan? 2: What are the social and economic drivers as well as the considerations, benefits, and costs of the proposed change on residents of Lincoln County? 3: What are “findings of fact or conclusions of law” which are driving this proposed change? We would hope that the Planning and Development Board will act to provide greater opportunity for home ownership given the demographic characteristfcs of Star Valley, which we discuss later, rather than actfng to limit such opportunity by increasing lot size requirements and pushing land values ever higher through arbitrary reductfon of supply. Lincoln County has historically provided wise land use plans which have acted to meet resident housing needs in the past. Two examples of the previous land use plans include: 1: In the 1960’s and 1970’s the highly economically depressed Star Valley area was shocked with the opening and expansion of Star Studs, a new lumber mill which was then the largest stud mill in the United States. The opening of the mill resulted in over 200 new jobs within the area. Lincoln County then allowed a 1–acre lot with private wells, septfc systems, and modular homes – and these housing units quickly spread throughout the valley. (One acre lots with wells and septfc stfll generally meets Wyoming DEQ requirements as of today). These homes on 1-acre lots provided affordable housing and allowed the then financially stressed residents to enjoy home ownership – allowing Star Valley to grow both economically and socially. These “Bosie Cascade” homes, as they were then called, are today highly prized in the market. 3 | P a g e 2: Star Valley Ranch (SVR), once a Lincoln County subdivision of the 1970’s, is now one of the fastest growing municipalitfes in Wyoming. SVR was approved by Lincoln County with one-half acre lots (on average), public water, private septfc systems, unpaved roads, the open space being golf courses. Today SVR stands as vibrant and dynamic municipality in Lincoln County. SVR is a leader in new home constructfon in the Star Valley area and its lots and homes are highly sought after by market partfcipants. Would such a community as SVR, with its high density and private septfc systems and unpaved roads, be approved by Planning and Development if proposed today? The answer, we believe, is NO! The real questfon is WHY? The Star Valley community is today much better both socially and economically because of the two above referenced examples. Lincoln County does not need more just 5-acre lots only, rather we need the opportunity to expand upon these historically successful land use examples. As I commented in the February 2024 Planning and Development meetfng, in additfon to providing to the Board the BOSV 2023 Star Valley Demographic and Economic Review source as well as a hard copy of the Teton Regional Housing Study, North Lincoln County has an affordable housing crisis. By taking politfcal actfon to reduce smaller lot inventory and the potentfal for at least some 2- acre lots, as currently provided in the Planning and Zoning regulatfons, supply will be reduced and accordingly lot prices will be further inflated to the detriment of the average area citfzen. This will result in a direct negatfve economic impact. A summary of the facts I presented at the February 2024 meetfng are documented below: 1: Lincoln County consists of predominately moderate-income individuals with average wages (or W-2 income) being $54K. This income level is well below that of the U.S. at $71K, and the State of Wyoming at $59K. 2: Median Household Income, or the total income of a typical Lincoln County household, is $75K (relatfve to $94K Teton, $69K U.S., and $69K Wyoming. 3: Per Capita Income for Lincoln County is around $62K – which is considerably below that of Wyoming at $69K, or the U.S. at $64K. 4: Yet, while subject to moderate income levels, the cost-of-living in North Lincoln County (Star Valley) is the second highest in Wyoming, following only Teton County. According to the Wyoming Economic Analysis Division (WEAD) Cost-of-Living Index, as of the end 2023, Afton residents bore a high cost-of-living at 110% of Wyoming’s base (Kemmerer was 96%). The WEAD comparable cost-of-living index table for this area of Wyoming is summarized on the following page. Leading the factors in the Afton’s high cost-of-living – or surveyed basket of goods – was “Housing” which was a full 116% of state average, placing it in second place only behind Teton 4 | P a g e County. Please understand that the survey only measures housing, as defined by rents, in Afton. Afton itself tends to be more inexpensive than the surrounding Star Valley communitfes such as Star Valley Ranch, Bedford, or Alpine. Star Valley is clearly in an affordable housing crisis! The current average resident cannot afford to buy housing – pushing rents to levels which are unaffordable. 5: Housing is a fundamental human need. We are seeing people, from professionals to trades people, choosing to not relocate to the Valley to work due to the cost and availability of housing. I know this to be true for the school (LCSD # 2), the medical center (SVH), and other industries within the area. Further, we have seen over the past five years a growing and unfortunate trend with more residents permanently living in camp trailers due to housing unaffordability. This is not a humane and viable future we as a community want. Any politfcal actfon by Planning and Development to increase the lot size requirements within the finite Star Valley land mass will only act to reduce and inhibit potentfal affordable housing supply, and thereby increase prices in what is currently already an unaffordable environment for so many of our citfzens. 5 | P a g e 6: In the following graph I have exhibited the changes and trends in some critfcal economic metrics for Star Valley, using 2015 as the base. In just eight short years it is astonishing that Star Valley has experienced the following changes: • 206% is in the Star Valley Wyoming Assessed Property Tax Valuatfons. • 129% increase in the average area home price. • 159% increase in median home price. • Yet during the same period, median real household income has risen by only 20% – pushing home ownership, and housing in general, out of range for so many of the dominant Star Valley moderate income populatfon. 7: As of the beginning of January 2024, a few co-workers and I updated the current Star Valley housing inventory in preparatfon for a Star Valley Chamber of Commerce presentatfon. Of specific focus was the inventory of homes listed for sale within the Star Valley area, from Alpine to Smoot, which are under $500K. This represents at least a picture of the potentfal affordable housing supply today. 6 | P a g e In the process we identffied six homes – JUST SIX! -- which were listed for sale at a price under $500K. These propertfes were: • One home in the upper valley for $449K which is in a commercial zone within Afton on U.S. 89. • One in Alpine being a single wide trailer on 0.16 acres for $465K, which I now believe to be under contract. • One very old home in Bedford on 0.5 acres for $455K. • Two homes in Thayne, which are part of an estate resolutfon for $499K. As of year-end 2023, the average price for a home in Star Valley was $735,660, and the median price was $534,000. To qualify to purchase this median priced home, at the maximum mortgage underwritfng limits, would require a household income of $126K, or a full 156% of the actual area’s median income, along with $90K cash down payment. Home ownership currently has moved beyond the ability of the local populatfon to purchase housing, plant roots, and contribute to the social and politfcal economy – we are quickly moving toward a Jackson type crisis which appears to be unsolvable. 8: In an recent outstanding study, which I did provide to you at the February 2024 Planning and Development meetfng, the Teton Region Housing Needs Assessment, from March 2022, indicates – specifically for North Lincoln County -- that around 310 housing units were needed immediately in Star Valley to meet the then current housing needs, and that “approximately 970 to 1,275 homes would be needed by 2027 … of which a full 60% need to be below current market price due to income constraints”. What is affordable housing – it is defined to be housing which does not consume more than 30% of a household income. (Housing costs include principal and interest payments or rents, as well as mortgage insurance premium, HOA fees, insurance, property taxes, and utflitfes). I have calculated in the table below, for today’s North Lincoln County housing market, what that means. In all reality, again, affordable housing does not exist in Star Valley. 7 | P a g e I provided to you the six listfngs as of January 2024 in Star Valley and none – zero - of those listfngs qualify for the median area household to purchase. Teton County recently released its 2023 Rental Report, and several of the respondents to the survey lived in Star Valley. We found one comment very interestfng as they stated: “I work in Jackson but cannot afford housing there. I live in Thayne and am quickly being forced out of renting here due to increasing rates akin to Teton County. There is no "affordable" housing in the area and common working folks are being forced out. My next option is to leave the area or be forced into homelessness.” 9: It is near impossible to promote and maintain a functfoning, strong, and dynamic economy with the current housing crises as labor supply and the median income populatfon is priced out. Labor is tfght and getting tfghter – and the day is soon coming when there will not be the people to meet labor demands. We are already seeing some local businesses – even Post Offices – reducing hours or services because they cannot fully staff their operatfons. The Lincoln County’s unemployment rate is at a low 3.1%, well below the U.S. unemployment rate of 3.7%. The natural rate of unemployment is around 4.5% to 5.5% according to the Federal Reserve Bank consensus. We are well below that natural rate – clearly indicatfng that we do not have the labor supply to meet current demand. 10: Many of the factors and consideratfons listed above apply specifically to North Lincoln County. However, they will likely become more relevant to South Lincoln County as the area is expanding with new industry. A new nuclear plant (Terra Power / Natrium Bechtel), new coal use (Trisite), green hydrogen (Williams), and carbon capture (Exxon-Mobile), among other projects, are in various stages of planning and fulfillment. These new industries will bring 100’s of new employees, families, and residents - all who will need affordable housing. With all these facts in mind, we plead: Please do no harm! 8 | P a g e We sincerely request that you deeply consider what the ramificatfons of your actfons, both intended and unintended, will have on the average Lincoln County citfzen and the Lincoln County community and economy. Further, that the Planning and Development Board and staff will actfvely focus on the creatfon and promotfon of underlying reasonable land use planning that will allow the current Lincoln County resident and family, whether in North or South Lincoln County, to remain in our great county and thrive. Or are we going to restrict land use in a rush to “Jacksonize” Star Valley? – We sincerely hope not. As I said on KRSV radio, in an interview last month with Senator Dockstader, “We just as well place a sign on the SVHS doors for our graduating seniors which states: You cannot afford to live here, go away, good luck, visit if you can.” Thank you for your consideratfon of these comments and underlying facts. We sincerely hope to see an answer to the need, social impact, as well as the findings of fact which may lead you to a decision to modify the current Lincoln County Land Use Plan. Respectiully. Rod Jensen Ileene Jensen The 2023 BOSV Demographic and Economic review is available at www.bosv.com.