HomeMy WebLinkAbout09-18-17 Public Comment - K. Powell (on behalf of INC) - ADUs in Draft UDCFrom:KPowell & S Griswold
To:Agenda
Subject:INC concerns and recommendations on ADUs in Draft UDC
Date:Saturday, September 16, 2017 1:37:03 PM
Attachments:INC letter 9-16-17ADU UDC draft.docx
The Inter Neighborhood Council sent a letter in Jan 2017 with recommendations for ADUs inthe UDC.
Many of those recommendations or some similar are included in the draft UDC that iscurrently under review.
However, INC still has some concerns relating to ADUs in neighborhoods that are included inthe attached letter.
INC asks the City Commission to review our concerns and recommendations as the
Commission evaluates revisions to the ADU sections of the draft UDC.
Thank You
Kathy PowellVice Chair of INC
406-600-1164powellgriz@icloud.com
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September 16, 2017 To: Mayor Carson Taylor Deputy Mayor Cyndy Andrus Commissioners: Jeff Krauss, Chris Mehl, and I-Ho Pomeroy Marty Matsen, Community Development Director Tom Rogers and Chris Saunders, Community Development Dennis Taylor, Interim City Manager Chuck Winn and Anna Rosenberry, Asst City Managers From: The Inter Neighborhood Council (INC) RE: INC’s concerns - Accessory Dwelling Units (ADU) in Draft Unified Development Code (UDC) On January 20, 2017, the INC sent a letter to the City with recommendations for ADUs in the UDC. In reviewing the current Draft of the UDC Code, many of those recommendations are included or are similar to what was in INC’s letter and that is good for Bozeman neighborhoods. However, there are several areas relating to ADUs that are still a concern. New ADUs becoming Short Term Rentals (STRs) There is significant concern that new ADUs may be constructed just to become STRs. INC’s understanding is that the reason the City wants to relax or clarify code for ADUs is to help increase infill opportunities and affordable housing in the city for local residents and to help reduce sprawl. If this is true, new ADUs should not be allowed to be used as STRs once the STR Ordinance takes effect Dec 1, 2017.
Recommendation: Add wording something to the effect that “After November 30, 2017, any new ADUs may
not be registered (approved) as STRs. Add in Section 38.360.040 – Accessory dwelling units A. Standards for all ADUs: (pg 237 A in draft UDC) Detached Ground Floor ADUs & Detached Above Garage ADUs with Alley Access The Ground floor ADU is an entirely new rule for ADUs. They have not been allowed in any residential zoning district in the current UDC. While detached Ground Floor and above garage ADUs could work in R-2 through R-5 if the alleys are wide enough, alleys in older parts of town and historic districts are narrow --- some only 12 ft wide. Some narrow alleys have structures that go right up to the rear property line. Safety and access become serious issues for neighborhoods.
Recommendation: Add wording such as “Detached Ground Floor and Above Garage ADUs may be located
on an alley provided the Alley Right of Way Width is at least 30 ft. or more”. Add in Sec 38.360.040 D 1 “Location” under “Supplemental ADU provisions for R-2 through R-5” (pg 237 of Draft UDC)) Converting Garages to ADUs This too is a new concept for ADUs and has not been allowed before. The draft UDC (pg 237 A#5) states that ADUs could be built in converted garages provided all required parking is otherwise provided before conversion. ADUs in a detached structure on a lot with alley access also are included in D2 of the same Section. The concern is safety and access in narrow alleys when converting garages to ADUs and what building codes apply to garage conversion. NOTE - Converted Garages would not be allowed in R-S and R-1. Recommendation: Add wording dealing with garage conversion to ADUs that says something like ADUs are allowed in converted garages provided the parking requirement is met before conversion and provided the Alley Right of Way Width is 30 ft wide or greater and all required building codes are met. In Sec 38.360.040 A5- “Std for all ADUs” and D 2 “Supplemental ADU Provisions for R-2 thru R-5”.
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Enforcement As stated in INC’s Jan 2017 letter, consistent code enforcement is key to making the UDC work. The INC wants to again emphasize the importance of consistent code enforcement with ADUs.
Recommendation: Review enforcement language in draft UDC to be sure it covers ADUs. In R-S and R-1 continue to require a guarantee of compliance as a deed restriction or covenant that enforces the single rental restriction as a condition of approval ---- (ability to rent only the principal residence or ADU at the same time). Verify that inspections will be done during and upon completion of an ADU to confirm all requirements are met. Solar Access The current and draft UDC do address screening of rooftop mechanical equipment on accessory buildings but state that this does not apply to solar or wind energy collection devices. However, the draft UDC does not address Solar Access for adjacent properties. Boulder, Ashland OR and other cities do have solar access ordinances. Recommendation: Encourage the City to develop a solar access ordinance that addresses active and passive solar and applies to all structures. Viewsheds New structures such as Detached ADUs above garages can block important scenic and historic views.
Recommendation: Add “viewsheds” to what must be considered in Design when evaluating a request to put
an ADU above a detached garage. In Sec 38.360.040 Design B1”.
Thank you for caring about neighborhoods and how ADUs will impact them. Please review our concerns and recommendations when evaluating revisions to the ADU sections of the draft UDC. 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, Bogert Park Neighborhood Association Suzanne Held, Northeast Neighborhood Association Joe Genovese, New Hyalite View Neighborhood Evette Allison, Marwyn-Lindley Neighborhood Tim Conlan, Cooper Park Neighborhood
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