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Home My WebLink About01-24-17 Public Comment - R. Canfield - Historic Preservation & ADUsHistoric Preserva-on & ADUs in our Neighborhood within Bozeman’s Neighborhood Conserva-on Overlay District (NCOD) Richard Canﬁeld & Deborah Haydon-Canﬁeld Historic Home Owners, Bon-Ton Historic District 1. Historic preserva-on in Bozeman 2. Bozeman planning proposals for inﬁll: ADUs 3. Bozeman Guidelines for Historic Preserva-on in the Neighborhood Conserva-on Overlay District 4. Conforming and non-conforming proper-es in the NCOD 5. No meaningful enforcement of the NCOD Guidelines 6. Where do we go from here? Two basic choices Outline “Historic preserva-on and neighborhood conserva-on are well- established parts of city planning in Bozeman. Over the past decades, the community has ini-ated preserva-on ini-a-ves to protect the many historic districts and older tradi-onal neighborhoods that remain as reminders of the City’s heritage. While change con-nues to occur in response to varying community goals and economic condi-ons, preserving Bozeman’s heritage remains a primary goal of the community.” Historic Preserva-on in Bozeman(1) (1) BOZEMAN GUIDELINES FOR HISTORIC PRESERVATION & THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, JANUARY 17, 2006, Amended May 18, 2015 Bozeman planning proposals for inﬁll: ADUs(1) • Decrease minimum lot size to accommodate ADUs from 6,000 to 5,000 square feet. • Allow ADUs on the ground ﬂoor. Speciﬁc design and site condi-ons would apply such as the requirement of an alley, building height limit, square footage limit, etc. (1) City of Bozeman Commission Memorandum, Tom Rogers & Mar-n Matsen, November 7, 2016. Uniﬁed Development Code update progress report and inﬁll policy framework presenta-on 4 How many ADUs will these changes enable?(1) Table 1: Impact of proposed Code Changes • The lots that are 5,000 to 6,000 SF that would now "qualify" based on size alone for an ADU, if a change was proposed from 6,000 SF to 5,000 SF, as the minimum lot size for an ADU are as follows: • **These are "rough" numbers done on a merged data layer. Like I said in the previous email - we don't require owners to aggregate their lots.*** R-1: 57 R-2: 201 R-3: 516 R-4: 115 (1) We gratefully acknowledge this Email from Mayana Rice, City of Bozeman Community Development Department, November 29, 2016 5 ADUs in R-2, R-3, R-4, R-O or, REMU districts: Current UDC Regula-ons, Sec. 38.22.030 An owner or the owners of real property may establish per sec-on 38.19.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4, R-O or, REMU (residen-al single-household lots only) districts if all of the following condi-ons are met and con-nue to be met during the life of the accessory dwelling unit. If the following condi-ons are not met the dwelling shall be reviewed under the provisions of sec-on 38.19.090. 1. In addi-on to the parking required for the principal residence, the minimum number of required paved oﬀ- street parking shall be provided for the exclusive use of the accessory dwelling unit; 2. The occupancy of the accessory dwelling unit does not exceed two persons; 3. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permiped to be placed above garages; 4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more than a single bedroom. The method of calcula-ng the maximum ADU square footage will be "living area" deﬁned as "all ﬂoor area exclusive of areas with a sloped ceiling less than ﬁve feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calcula-on; 5. Second story addi-ons on detached garages shall be approved only if found compa-ble and consistent with the exis-ng character and fabric of the neighborhood; and 6. Only one accessory dwelling unit may be created per lot. 7. No devia-ons shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two devia-ons be granted to allow the establishment of an accessory dwelling unit. 8. The accessory dwelling unit is located above a detached garage. 9. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum workforce housing requirements of chapter 38, ar-cle 43. 6 ADUs in R-1, R-S districts: Current UDC Regula-ons, Sec. 38.22.030: An owner or the owners of real property may establish and maintain an accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the following condi-ons are met and con-nue to be met during the life of the accessory dwelling unit: 1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same Ame. The city may require a guarantee of compliance with the requirements of this secAon, including but not limited to a binding deed restricAon or covenant enforcing the single rental restricAon as allowed in secAon 38.39.080.B, as a condiAon of approval; 2. In addiAon to the parking required for the principal residence, one paved oﬀ-street parking space is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be located on the lot and may not uAlize the on-street parking provisions of arAcle 25 of this chapter; 3. The occupancy of the accessory dwelling unit does not exceed two persons; 4. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permiRed to be placed above garages only in subdivisions receiving preliminary plat approval aSer January 1, 1997; NB: Item 4 is crucially important for our Historic Districts Italics indicate diﬀerences from regula-ons in R-2, R-3, R-4, R-O or, REMU districts 7 ADUs in R-1, R-S districts (con-nued): Current UDC Regula-ons, Sec. 38.22.030: 5. No permit for an accessory dwelling unit shall be granted unless the lot has been conﬁgured to accept an accessory dwelling unit with adequate lot area, uAlity services, and compliance with setbacks and height standards; 6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a single bedroom. The method of calculaAng the maximum ADU square footage will be "living area" deﬁned as "all ﬂoor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculaAon; 7. Second story addi-ons on detached garages shall be approved only if found compa-ble and consistent with the character and fabric of the neighborhood; 8. Only one accessory dwelling unit may be created per lot; and 9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the following criteria: 5. a. The accessory dwelling unit is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more; 6. b. The accessory dwelling unit does not exceed one-third of the total area of the principal structure; 7. c. The accessory dwelling unit is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added consAtutes no more than ten percent of the principal structure's exisAng living area (exclusive of the garage); and 8. d. If the entrance for the accessory dwelling unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. 10. All accessory dwelling units are subject to CUP provisions established in arAcle 19 of this chapter. 11. No devia-ons shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two devia-ons be granted to allow the establishment of an accessory dwelling unit. Italics indicate diﬀerences from regula-ons in R-2, R-3, R-4, R-O or, REMU districts 8 Bozeman Guidelines for Historic Preserva-on and the Neighborhood Conserva-on Overlay District (NCOD) Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking … Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls 9 Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services F. Building Form “Policy: A similarity of building forms also contributes to a sense of visual con-nuity. In order to maintain this sense of visual con-nuity, a new building should have basic roof and building forms that are similar to those seen tradi-onally.” “Guideline: Use building forms that are similar to those seen tradi-onally on the block. Exo-c building and roof forms that would detract from the visual con-nuity of the street are discouraged.” G. Solid-to-Void Ra:o “Guideline: Use a ra-o of solid-to-void (wall-to-window) that is similar to that found on historic structures in the district. Large surfaces of glass may be inappropriate. Divide large glass surfaces into smaller panes similar to those seen tradi-onally.” H. Materials “Policy: Building materials of new structures and addi-ons to exis-ng structures should contribute to the visual con-nuity of the neighborhood. They should appear similar to those seen tradi-onally to establish a sense of visual con-nuity.” “Guideline: New materials that are similar in character to tradi-onal materials may be acceptable with appropriate detailing. Alterna-ve materials should appear similar in scale, propor-on, texture and ﬁnish to those used tradi-onally.” 10 Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services I. Architectural Character “Policy: New construcAon should disAnguish itself from historic structures.” “Guideline: The imitaAon of older historic styles is discouraged for newer structures. One should not replicate historic styles, because this blurs the disAncAon between old and new buildings, as well as making it more diﬃcult to visually interpret the architectural evoluAon of the district.” “Guideline: Contemporary interpretaAons of tradiAonal details are encouraged. InterpretaAons of historic styles may be considered, if they are subtly disAnguishable as being new. New designs for window moldings and door surrounds, for example, can provide visual interest while helping to convey the fact that the building is new. Contemporary details for porch railings and columns are other examples. New soﬃt details and dormer designs also could be used to create interest while expressing a new, compaAble style.” J. Parking “Policy: The visual impact of surface parking should be minimized. On site parking should be subordinate to other uses and the front of the lot should not appear to be a parking area. Guideline: Locate a surface lot in the interior of a block whenever possible. This acknowledges the special func-on of corner proper-es, as they are generally more visible than interior lots, serve as landmarks and provide a sense of enclosure to an intersec-on.” 11 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls B. Building Mass and Scale Policy: The mass and scale of a building is also an important design issue in a residen-al character area. C. Roof Forms Policy: In most neighborhoods, a similarity of roof form also contributes to a sense of visual con-nuity. In order to maintain this sense of visual con-nuity, a new building should have basic roof form that is similar to those seen tradi-onally. Guideline: Use roof forms that are similar to those seen tradi-onally on the block. D. Secondary Structures Policy: Secondary structures are tradi-onally subordinate in scale and character to the primary structure and are typically located to the rear of the lot, they are primarily used for parking garages and storage. While structures in the rear generally have liple impact on the character of the street they do have an impact on the character of the alley and the neighbors to the rear, this character should be maintained. Guidelines: A new secondary structure should be subordinate in height to those buildings seen tradi-onally along the street front. “ 12 Are these NCOD Guidelines being followed? Let’s compare conforming and non-conforming proper-es, using: Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking … Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls 13 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 1 – Detached accessory unit over garage 725 S Third, R-1 Zoning, in NCOD, Bon Ton HD Approved 2007 Report Card: Conforming 14 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 2 – Apached accessory unit over garage 404 W Story, R-2 Zoning, in NCOD, Bon Ton HD Approved 2006 Report Card: Conforming 15 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 3 – Detached accessory unit over garage 517 s Third, R-1 Zoning, in NCOD, Bon Ton HD Approved 1992 Report Card: Conforming 16 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design F. Building Form G. Solid-to-Void Ra-o H. Materials I. Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 4 – Detached accessory unit over garage 401 S Third, R-1 Zoning, in NCOD, Bon Ton HD Approved 1992 Report Card: Conforming 17 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space X Building Mass and Scale X Roof Forms X Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form X Solid-to-Void Ra-o X Materials X Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 5 – Apartments apached to historic home. 419 S 3rd Ave, R-4 Zoning, Bon Ton Historic District Grandfathered Report Card: Non-Conforming 18 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space X Building Mass and Scale C. Roof Forms X Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form G Solid-to-Void Ra-o H. Materials I. Architectural Character X Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 6 – Mul--apartment ground-ﬂoor accessory building 209 W College, R-1 Zoning, Bon Ton Historic District Grandfathered Report Card: Non-Conforming 19 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space X Building Mass and Scale C. Roof Forms X Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form G Solid-to-Void Ra-o H. Materials I. Architectural Character X Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 7 – Mul--apartment ground-ﬂoor accessory building 209 W College, R-1 Zoning, Bon Ton Historic District Grandfathered Report Card: Non-Conforming 20 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale X Roof Forms X Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form X Solid-to-Void Ra-o X Materials X Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 6 – Above-garage bonus room apached to primary residence 623 S 3rd Ave, R-1 Zoning, Bon Ton Historic District COA approved 2013 Report Card: Non-Conforming 21 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space X Building Mass and Scale X Roof Forms X Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form X Solid-to-Void Ra-o X Materials X Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 9 – Accessory building: detached garage / oﬃce 715 S Grand Ave, R-1 Zoning, Bon Ton Historic District COA approved 2013 Report Card: Non-Conforming 22 Chapter 3 Guidelines for Residen-al Character Areas A. Hierarchy of Public and Private Space B. Building Mass and Scale C. Roof Forms D. Secondary Structures E. Mul-family F. Fences and Retaining Walls Chapter 2 Design Guidelines for all Proper-es A. Topography B. Street Paperns C. Alleys D. Streetscapes E. Landscape Design X Building Form X Solid-to-Void Ra-o X Materials X Architectural Character J. Parking K. Buﬀers L. Site Ligh-ng M. U-li-es and Services Fig. 10 – Apachment to exis-ng home 401 W. Dickerson, R-2 Zoning, in NCOD, outside BonTon HD COA approved 2015 Report Card: Non-Conforming 23 Ques-on: What do the Report Cards Show? Answer: Nonconforming proper-es have repeatedly been approved in 2013-2016 • Recent nonconforming examples are shown in Figs. 5 - 10 – NCOD Cer-ﬁcates of Appropriateness for these examples all read “consistent with the character and fabric of the surrounding neighborhood”. – Figs. 5 - 10 show this is blatantly untrue. • Why have these viola-ons taken place? Our own studies show that the answer is simple: – “Cherry-picking” and distorted interpreta-on of one single guideline (see Chapter 2 Sec-on I of the NCOD Guidelines shown above), ignoring many other guidelines! 24 Conclusion: Two Basic Choices The City has two basic alterna-ves: Either: 1) Before making any changes in the code for ADUs, correct the NCOD Guideline enforcement problems illustrated in this presenta-on, now and for the future. or 2) Implement the proposed ADU code changes now, and destroy the character and fabric of Bozeman’s Residen-al Historic Districts. Let’s not rush into inﬁll. Once our Historic Districts are gone, there’s no gewng them back. Given the large number of lots that the proposed ADU code changes will open to new construc-on (Table 1), the addi-on of hundreds of new ADUs in exis-ng historic neighborhoods will have major impacts on their character. Take a 100-year view. 25