HomeMy WebLinkAbout11-21-16 CC Mtg - A3. CUP for Foxtail ADU16420, Staff Report for the 3168 Foxtail Street Accessory Dwelling Unit,
Conditional Use Permit
Date: City Commission Public Hearing is on November 21, 2016
Project Description: A Conditional Use Permit (CUP) application to allow the
establishment of an accessory dwelling unit (ADU) above a detached garage
structure at 3168 Foxtail Street in Phase 2 of the Cattail Creek Subdivision.
Project Location: 3168 Foxtail Street, Bozeman, MT and is legally described as Lot 1b,
Block 15, in NW ¼, S35, T01 S, R05 E, Foxtail Street Subdivision Plat J-406
(Amended Plat of Cattail Subdivision Phases 2A & 2B), City of Bozeman, Gallatin
County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 16420 and move to approve the 3168 Foxtail Street
conditional use permit to allow the establishment of an accessory dwelling unit
above a detached garage building with conditions and subject to all applicable code
provisions.
Report Date: Thursday, November 10, 2016
Staff Contacts: Rebecca Owens, Planning
Shawn Kohz, Engineering
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
A Conditional Use Permit (CUP) application to establish an accessory dwelling unit (ADU)
above a detached garage structure at 3168 Foxtail Street in Phase 2 of the Cattail Creek
Subdivision in the R-1 (Residential Single-Household, Low Density) zoning district. ADUs
are a conditional use in the R-1 district and require a public hearing. The subject lot is an
existing development comprised of a single household structure and detached garage.
No public comments have been received for the subject proposal. On October 26, 2016, the
Development Review Committee voted unanimously to recommend approval of the
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conditional use permit application with the conditions and code provisions identified in this
report.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP AND PLAN SERIES ............................................................................... 3
SECTION 2 - REQUESTED RELAXATIONS / DEVIATIONS / VARIANCES ................ 12
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 12
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC.................... 12
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 13
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 13
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP AND PLAN SERIES
ZONING
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LAND USE – CURRENT
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LAND USE – FUTURE
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APPROVED ADUs
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Site Plan
North
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Photographs – Existing Structures
Primary residence.
View southeast from
Foxtail St.
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Garage with proposed second-level ADU
space and dedicated off-street parking (paved
in Nov. 2016, post-photograph date). View
southwest from Foxtail St. alley.
Garage with proposed second-
level ADU space. View
northwest from Foxtail St. alley.
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Ground Level Floor Plans
ADU parking
North
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Second Level Floor Plans
ADU Floor Plan with 528 square feet – less than 800 square feet living area
ADU
living
area
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Page 12 of 20
SECTION 2 - REQUESTED RELAXATIONS / DEVIATIONS /
VARIANCES
No relaxations have been requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. No more than one of the dwellings, either the principal dwelling or the accessory
dwelling, may be rented at the same time. One of the dwellings must be occupied as a
principal residence by the property owner, per Code Provision Section 38.22.030.A.1,
BMC.
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
1. Section 38.19.110.F, BMC states that the right to a conditional use permit must be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions must
constitute restrictions running with the land, shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
the land, successor or assigns. Staff will draft the document that must be recorded at the
Gallatin County courthouse. A copy of this recorded document must be submitted with
the final plan application.
2. Section 38.19.110.I, BMC describes the process for termination/ revocation of a
Conditional Use Permit approval: A. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be
considered as terminated and of no further effect if:
1. After having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar years;
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2. Final zoning approval to reuse the property for another principal or conditional
use is granted;
3. The use or development of the site is not begun within the time limits of the
final site plan approval in Section 38.19.130 BMC. B. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination
by the Planning Director that the local circumstances and regulatory requirements
are essentially the same as at the time of the original approval. A denial of renewal
by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of
approval of the original conditional use permit are also renewed. C. If activity begins for which a conditional use permit has been given final approval,
all activities must comply with any conditions of approval or code requirements.
Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 3168 Foxtail Street ADU CUP
File: 16420
On October 26, 2016, the Development Review Committee (DRC) considered the
conditional use permit application to allow the establishment of an accessory dwelling unit
(ADU) above a detached garage building at 3168 Foxtail Street in Phase 2 of the Cattail
Creek Subdivision with a recommendation of conditional approval.
The City Commission will consider the proposal on November 21, 2016. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 p.m.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies evaluate the following criteria.
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1. Conformance to and consistency with the City’s adopted growth policy
The proposed site plan as conditioned is in compliance with this criterion. The Future Land
Use designation is “Residential” in the Bozeman Community Plan. This use is permitted as a
conditional use within the underlying R-1 zoning district. For more detailed information on
the growth policy designation, please see Appendix A.
The project directly responds to the following principles, and goals and objectives of the
growth policy:
Chapter 6: Housing 6.3 Goal H-1: “Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.”
2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site. The proposed use of the site is consistent
with the allowed uses of the R-1 district with the approval of a conditional use permit. The
proposed site layout conforms to the requirements of the Bozeman Municipal Code.
3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required, such as application for a
building permit, which will be addressed following CUP review. The project is generally
conforming to the standards as presented and will comply fully with identified conditions and
code requirements.
4. Relationship of site plan elements to conditions both on and off the property
The ADU is proposed above the existing 1.5-story, two-car garage. The garage structure does
not exceed the height of the principal residence structure. An off-street, paved parking space
is designated for the ADU. Vehicle access to the property is from the rear alley.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The existing primary residence has three bedrooms and requires three parking spaces, while
the ADU requires one parking space. One of the three required parking spaces for the main
residence is provided on Foxtail Street. The other two are provided in the two-car garage. A
dedicated off-street, paved parking space for the ADU is provided adjacent to the garage’s
north elevation. All parking is provided in accordance to standards. A traffic study was not
required for this use, as the surrounding streets and intersection have adequate capacity to
support the conditional use.
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6. Pedestrian and vehicular ingress and egress
The pedestrian entrance for the ADU is provided on the south elevation of the garage, via a
stairwell on the building’s interior. Vehicle access for the garage and ADU is entirely from
the rear alley to the east of the lot.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
This is an existing construction retrofit; no modifications to landscaping are proposed with
the subject proposal.
8. Open space
Not applicable.
9. Building location and height
The garage building does not exceed the height of the principal residence, as required by
zoning code.
10. Setbacks
The garage building abides by all minimum yard setbacks
11. Lighting
This is an existing construction retrofit; no exterior changes to the garage envelope are
proposed with the subject proposal. Any exterior lighting not shown on the plan materials
and which may be proposed later through building permit review must be full cut-off per
zoning code.
12. Provisions for utilities, including efficient public services and facilities
Separate water and sewer lines are provided for the ADU and meet engineering standards.
13. Site surface drainage
Not applicable.
14. Loading and unloading areas
Not applicable.
15. Grading
Not applicable.
16. Signage
Not applicable.
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17. Screening
Not applicable, as the ADU is proposed for an existing structure. If the property owner
wishes to install new mechanical equipment on the ground or to the building elevation at
future date, it must be properly screened with physical/opaque screening and/or be integrated
into the building.
18. Overlay district provisions
Not applicable. The site is not located within an overlay district.
19. Other related matters, including relevant comment from affected parties
No public comment was received for the subject proposal.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity;
The ADU and the site plan conform to the specific provisions for ADUs in the R-1 zone,
including but not limited to the following: 1) There is at least 6,000 square feet of lot area; 2)
the ADU’s living area is under 800 square feet and doesn’t contain more than one bedroom;
3) a paved parking space is provided off-street for the sole use of the ADU, and 4) the second
story addition on the detached garage building is compatible and consistent with the
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character and fabric of the neighborhood. The 6,708-square foot lot exceeds the minimum
size required for the proposed use. Staff recommends Condition of Approval No. 2, which
requires that one of the dwelling units on the property be occupied by the property owner at
all times. All conditions of approval will be included in the document that is notarized and
recorded at the Gallatin Clerk and Recorder’s office and will therefore be connected to the
property so that all future owners are notified about this requirement. Considering this
information, Staff finds that the site is adequate in size and topography to accommodate such
a use and that all yards spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate the ADU use with the land and uses in the vicinity.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
No public comment was received for the subject proposal. Staff has not identified any
hazards to the public health and safety and finds that the application complies with the
Unified Development Code as conditioned. There is adequate circulation, and there are
adequate parking facilities and municipal services to support the use. Nine ADUs exist along
Foxtail Street and the alley immediately to the west, in addition to other ADUs in the vicinity
and Staff is not aware of any code enforcement complaints received in regard to those units.
Due diligence highlighted in Appendix C concludes that the proposed ADU will not have
material adverse effect upon abutting properties.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use must be developed;
l. Duration of use;
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m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and
efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended Conditions of Approval and findings within this report.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit must be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure;
and
2. That all of the conditions must constitute restrictions running with the land use, must
apply and be adhered to by the owner of the land, successors or assigns, must be
binding upon the owner of the land, his successors or assigns, must be consented to in
writing, and must be recorded as such with the Gallatin County Clerk and Recorder's
Office by the property owner prior to the issuance of any building permits, final plan
approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. Item 1 of code provisions applies to this
issue. A document for the record will be provided by the City following preliminary
approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-1 (Residential Single-
Household, Low Density District). The intent of the R-1 residential district is “to provide for
primarily single-household residential development and related uses within the city at urban
densities, and to provide for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area.”
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. The Plan indicates that, “This category designates places where the
primary activity is urban density dwellings. Other uses which complement residences are also
acceptable such as parks, low intensity home based occupations, fire stations, churches, and
schools. High density residential areas should be established in close proximity to commercial
centers to facilitate the provision of services and employment opportunities to persons without
requiring the use of an automobile. Implementation of this category by residential zoning should
provide for and coordinate intensive residential uses in proximity to commercial centers. The
residential designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development. The dwelling unit density
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expected within this classification varies between 6 and 32 dwellings per net acre. A higher
density may be considered in some locations and circumstances. A variety of housing types can
be blended to achieve the desired density. Large areas of single type housing are discouraged. In
limited instances the strong presence of constraints and natural features such as floodplains may
cause an area to be designated for development at a lower density than normally expected within
this category. All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation is
intended to provide the primary locations for additional housing within the planning area.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The subject application is a request to approve a Conditional Use Permit (CUP) for an accessory
dwelling unit (ADU). The site in question is a residential lot with an existing primary residence
and detached garage structure. The ADU would be located above a detached garage structure at
3168 Foxtail Street, which is located in Phase 2 of the Cattail Creek Subdivision in the R-1
(Residential Single-Household, Low Density) zoning district. The 6,708-square foot (0.154
acres) property is within one block’s distance of three major sections of public parkland
dedicated to the subdivision.
According to Table 38.08.020, BMC, ADUs are allowed as a conditional use in R-1 zoning and
require a public hearing. Nine ADUs currently exist on Foxtail Street, including several on the
alley between Foxtail Street and Fen Way. Two, 3081 and 3123 Foxtail Street, were approved in
2007. The third, 3136 Foxtail Street, was approved in 2013; a fourth at 3109 Foxtail Street and
fifth at 3131 Foxtail Street were approved in 2015. Most recently, in May 2016, the City
Commission approved an ADU at 3043 Foxtail Street. Lots in the associated neighborhood were
planned to accommodate ADUs and were built with adequate lot width and lot area. Separate
water/sewer lines were planned for the additional density.
On-street parking on Foxtail Street is available to supplement primary property access via a
public alley lined by private drives and garage pads. This parking stock is accounted for in
parking space allotments required by code for residential developments, including those in R-1
zoning with ADUs. Parking requirements for the subject 3-bedroom residence are met through
one on-street space, and three off-street spaces that include two garage spaces and a dedicated
ADU space in rear lot area.
At its October 26, 2016 meeting, the Development Review Committee voted unanimously to
recommend approval of the conditional use permit application with the conditions and code
provisions identified in this report.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on November 6 and 13, 2016. Notice was posted on
site on October 25, 2016.
No public comments were received by the time of this report’s completion.
No code enforcement complaints have been received by the City of Bozeman in regard to the
existing ADUs.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owners/Applicants: Jonathan Morris, 3168 Foxtail St., Bozeman, MT, 59718
Representative: Danielle Bashoro, Sight Tech Construction, 205 Pioneer Dr., #51, Bozeman,
MT 59715
Report By: Rebecca Owens, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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