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HomeMy WebLinkAbout01-20-17 Public Comment - INC - ADU Amendments in UDC1 January 20, 2017 To: Mayor Carson Taylor Deputy Mayor Cyndy Andrus Commissioner: Jeff Krauss, Chris Mehl, and I-Ho Pomeroy Marty Matsen, Community Development Director Tom Rogers, Community Development Planner III Chris Saunders, Community Development Policy & Planning Manager Chris Kukulski, City Manager From: The InterNeighborhood Council (INC) RE: INC Recommendations for ADU Amendments in UDC With the updating of the City’s Unified Development Code, revisions to Accessory Dwelling Unit (ADU) regulations are being proposed. Many of the current ADU regulations work, including limiting number of residents in an ADU to 2. However, there are some changes and additions the Inter Neighborhood Council (INC) recommends: The INC recognizes there are both benefits and concerns relating to ADUs in Bozeman neighborhoods (see attached list). Although more ADUs may help reduce sprawl to some extent, more ADUs also can harm the livability of neighborhoods, especially single family residential areas and historic districts. FIRST AND FOREMOST, any revisions to ADU regulations should be scrutinized carefully with respect to their impact on residents and neighborhoods in R-1, R-S and even R-2. We think it is essential to enforce and administer ADU regulations effectively and consistently. To accomplish this, the city needs to staff appropriately. The INC also recommends: Type of ADU: In R-1 and R-S districts, ADUs should continue to be allowed only “within primary structures” if the preliminary plat was approved before Jan 1, 1997. ADUs should continue to be allowed “within primary structures” and “above detached garages” if preliminary plats were approved after Jan 1, 1997. Lot size: Minimum lot size could be reduced from 6,000 SF to 5,000 SF for ADUs within a primary structure or above a detached garage provided. See recommendations below on Lot Coverage, ADU size and ADU height. Lot Coverage: Should remain the same. R-1, R-2, R-3, R-MH <40% for all uses except townhouses R-4 <50% R-O <50% residential uses, 60% for neighborhood/non-residential ADU Size: The size for all ADUs should have a maximum of 800 SF (an increase from 600 SF for above detached garages). In order to balance the intensity of buildings with the size of the lot, the actual size of the ADU should be determined by the maximum Floor Area Ratio (FAR.) This is the ratio of the floor areas of all levels of all permanent and non-permanent habitable buildings on site (including an ADU, garages, permanent sheds, etc.) in relation to the lot size. Floor areas include the main floor as well as all floors above the main floor (and possibly below main floor). FAR is used with ADU sizing in Bend OR, Boulder CO., Decatur IL and other cities. One reason for using FAR is to insure that a sense of visual proportionality is maintained visually on a lot. The FAR ratio would need to be determined by the City. 2 NOTE: Tiny houses are growing in popularity across the country and have come up in Bozeman. While a tiny house on a permanent foundation would likely considered an ADU, tiny houses can also be set on wheels. The City should determine whether or not a tiny house on wheels qualifies as an RV or a non- permanent ADU. ADU Height Limit: ADUs above detached garages should continue to have a 3 ft knee wall (increasing to 5ft would not increase the number of people able to live in ADU, but would increase visual size). The INC recommend ADUs above a detached garage be limited to1 story. The building height and proportion should continue to be governed by sections 38.060 (building height) and 38.08.070 (Residential garages) of the Municipal Code. A second story addition on a detached garage should be approved only if found compatible and consistent with character and fabric of the neighborhood. Aesthetics: Any “detached above garage” ADU should complement the primary structure, and blend into the architectural character of the neighborhood, especially in historic districts. It also should be subordinate to the primary structure (smaller). Solar Access: Any proposed “detached above garage ADU” should not block a neighbor’s solar access or potential thereof (passive or active solar or photovoltaics). Boulder CO, Ashland OR and other cities have solar access ordinances. In Boulder the solar shadow cast on a neighbor’s property can’t exceed a certain height on Dec 21st. The shadow height in Boulder varies in different residential and commercial districts. View Sheds: Blockage of view sheds also should be considered in placement of a new ADU. Occupancy: The primary structure or the ADU should be occupied as a principal residence by one owner of record in ALL residential zoning districts not just the current R-1 and R-S. Same as in current code, only one structure can be rented at a time. NOTE: Short Term Rentals: ADUs should be built to increase long-term rental options for more affordable housing. More ADUs (increased infill) should not be built just to increase the number of short-term vacation rentals. Detached Ground floor ADUs: This type of ADU should not be allowed in R-1 or R-S single family zoning. There also is concern about having detached ground floor ADUs in other residential zoning districts. Conditional Use Permits (CUPs): Applicants for ADUs in R-1 and R-S should no longer be required to have a CUP provided there is at least 60 day public notice (including sign on property and mailed notice to neighbors). Neighbors should have the option to appeal. Enforcement & Permits: As part of the original permit, a property covenant should be placed on the deed that requires the owner occupies either the ADU or primary structure and agree to all other ADU requirements. Inspections should occur during construction and upon completion of ADU to confirm all requirements are met. An annual permit or registration process should be established for all ADUs to verify compliance of owner occupancy and number of renters. Violation of the property covenant would result in penalty, a fine and/or revocation of ADU permit. 3 Thank you for reviewing and considering these recommendations for revising ADU regulations within the UDC. The “N” in INC stands for Neighborhoods and additional ADUs will indeed impact the neighborhoods of Bozeman. Inter Neighborhood Council Jennifer Rockne, Chair and representing South Central Association of Neighbors Kathy Powell, Vice Chair and representing University Neighborhood Association Bob Wall, Secretary and representing Southeast Neighborhood Association Maddy Weisz, Valley Unit Neighborhood Association Jack Tyler, Flanders Creek Neighborhood Association Ginny Cowan, Bozeman Creek Neighborhood Association Gail MacMillan & Lisa Kirk, Bogert Park Neighborhood Association Dave Chambers, Northeast Neighborhood Association Joe Genovese, New Hyalite View Neighborhood Evette Allison, Marwyn-Lindley Neighborhood 4 ADU Potential Benefits and Concerns in Bozeman Benefits Concerns Extra income for property owner Overcrowding Increase property value Create parking problems – overflow onto street if renters have 2 or more cars or visiting friends Increase availability of Affordable Housing Affect aesthetics & historic neighborhoods – currently some ADUs don’t compliment primary structure or fit into neighborhood architecture Increase safety and shared workload between renters and on-site owners Density – too many ADUs in a neighborhood affect neighborhood character (especially single family residential) Provide place for family member needing assistance to live rather than live in assisted living Block views & solar access. Decrease privacy due to detached garage ADUs Might help reduce urban sprawl Increased noise Support nearby businesses with extra people living on lot More traffic Increase entrepreneurial activity due to having more customers in area Stress existing infrastructure – sewer, water, roads Strengthen family and neighborhood relationships Create Gentrification – property owners may prefer to rent to professionals rather than students or low to moderate income renters Reduce car-dependent housing in city core Be used for short term rentals instead of long term rental housing Enforcement must be active to have successful ADUs in neighborhoods.