HomeMy WebLinkAboutOrd 2041 ZC_staff_report - ADUs as principal use in R-S and R-1 ZonesPage 1 of 12
20035 City Commission Staff Report for a Text Amendment to the Bozeman
Municipal Code to Allow Detached Accessory Dwelling Units as a Principal
Use in R-S and R-1 Zoning Districts, Ordinance 2041
Public Hearings:
Zoning Commission – Tuesday, July 14, 2020 at 6:00 p.m. Meeting to be held via
WebEx. Information regarding how to participate in this hearing will be posted on
the Zoning Commission agenda, published at least two business days in advance of
the hearing. Find Zoning Commission agendas and materials at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=50816&row=1&dbid=0
Bozeman City Commission - Monday, August 3, 2020 at 6:00 pm. Meeting to be
held via WebEx. Information regarding how to participate in this hearing will be
posted on the City Commission agenda, published at least two business days in
advance of the hearing. Find upcoming City Commission agendas and materials at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=51769&row=1&dbid=0
Project Description: Authorize detached Accessory Dwelling Units (ADUs) in Residential
Suburban (R-S) and Residential Low Density (R-1) zoning districts as a principal
use, rather than a special use.
Project Location: The proposed amendment would apply City-wide to all Residential
Suburban (R-S) and Residential Low Density (R-1) zoning districts.
Recommendation: Meets standards for approval of Ordinance 2041.
Recommended Zoning Commission motion: Having reviewed and considered the
proposed action in the Bozeman Community Housing Action Plan, staff report,
public comment, and all information presented, I hereby adopt the findings presented
in the staff report for application 20035, Ordinance 2041, and move to recommend
approval of the Text Amendment allowing detached accessory dwelling units as a
principal use in residential suburban and residential low density zoning districts as
presented in the staff-prepared Ordinance 2041.
Report: 7/07/2020
Staff Contact: Kelley Rischke, Assistant City Attorney
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on a recommendation in the Bozeman Community Housing Action Plan
and staff analysis.
Unresolved Issues
None.
Project Summary
In 2019, the City of Bozeman (City) conducted a community housing needs assessment study
that indicated a need for up to 6,340 housing units over the next five years to address the
Bozeman’s housing shortfall for residents and the workforce to keep up with job growth.
The Bozeman Community Housing Action Plan (Action Plan) was developed to provide
strategies and a timeline to achieve priority strategies to meet the needs identified in the 2019
study. One strategy identified in the Action Plan to increase affordable housing in the rental
market is to “explore removing special use permit requirements for a detached ADU in R-1
zone to allow by-right.”1
Staff determined that the proposed action would remove one potential regulatory barrier to
home owners building an ADU on their property in R-S and R-1 residential areas, which
would contribute to the housing stock in Bozeman. Staff prepared Ordinance 2041 to act
upon the recommendation of the Action Plan and amend the Unified Development Code
(UDC) to authorize ADUs in R-S and R-1 zoning districts as a permitted use, rather than a
special use. The Ordinance revises tables 38.310.030.A (Permitted general and group
residential uses in residential zoning districts) and 38.360.040 (ADU use table in residential
zoning districts) to remove in each the designation that detached accessory dwelling units are
a special use, replacing each with a designation that detached accessory dwelling units are a
principal use. Staff notes that ADUs have been permitted as principal uses in the R-S and R-1
districts for years if they were attached to the primary home. Therefore, the proposed
amendment is limited in scope and effect on the two affected districts.
Alternatives
1. Recommend approval of the Ordinance as presented;
2. Recommend approval of the application with modifications to the recommended zone text
edits and direct Staff to revise the associated ordinance;
3. Recommend denial of the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
1 See Bozeman Community Housing Action Plan, April 9, 2020 Amended Version, page 16.
Text Amendment to Allow ADUs in R-S and R-1 Zoning Districts Page 3 of 12
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES ................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ....................................... 5
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ...................... 5
PROTEST NOTICE FOR TEXT AMENDMENTS ............................................................. 10
APPENDIX A - NOTICING AND PUBLIC COMMENT ................................................. 110
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF ................ 111
FISCAL EFFECTS ............................................................................................................... 11
ATTACHMENTS ................................................................................................................... 11
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SECTION 1 - MAP SERIES
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The proposed amendment is applicable City-wide in all Residential Suburban (R-S) and
Residential Low Density (R-1) zoning districts shown in green and yellow respectively in the
map above.
The complete Zoning Map is available through the City’s website: www.bozeman.net. An
interactive map viewer including zoning boundaries is available at
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning.
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the staff recommends
approval as detailed in the staff-prepared Ordinance.
The Zoning Commission with hold a public hearing on July 14, 2020 at 6 pm.
The City Commission will hold a public hearing on this Text Amendment on August 3, 2020
at 6:00 p.m. Public notice, including ways to participate in the hearing, will be provided at
least two business days in advance of this public hearing. Find City Commission agendas
and materials at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=51769&row=1&dbid=0
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval, the advisory boards and City Commission must
consider the following criteria (letters A-K). Because an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regard to each of these criteria. To
approve the text amendment, the Commission must find the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria
are met, staff considers the entire body of regulations for land development. Standards which
prevent or mitigate negative impacts are incorporated throughout the entire municipal code
but are principally found in Chapter 38, the Unified Development Code.
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed text amendment (as presented by staff in the Draft Ordinance) is in
accordance with the adopted growth policy. Allowing ADUs by-right, rather than as a special
use, in R-S and R-1 districts should incentivize homeowners and developers to provide
additional dwelling units to address the shortfall in housing stock Bozeman is projected to
experience. Additionally, this proposed text amendment is expected to provide more
affordable rental options because ADUs are limited in size to 600 square feet and reduce
necessary travel distances for some residents thereby curtailing sprawl and allowing the
potential for higher density in residential areas with minimal impact on neighborhoods.
In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The following statements from
the adopted growth policy support this zone text amendment:
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the
concerns being addressed (Page 1-3).
Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city (Page 1-4).
Objective LU-1.2: Review and revise regulatory standards and City policies to ensure
that develop [sic] advances the vision, goals, and objectives of this plan, and sprawl,
as defined in Appendix K, is discouraged.
Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Objective C-1.3: Support compatible infill within the existing area of the City rather
than developing land requiring expansion of the City’s area. (Page 4-3).
Objective H-1.1: Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
Objective H-1.3: Promote the provision of a wide variety of housing types in a range
of costs to meet the diverse residential needs of Bozeman residents.
Objective H-2.3: Support infill development and the preservation of existing
affordable housing and encourage the inclusion of additional affordable housing in
new infill developments.
Goal H-3– Encourage an adequate supply of affordable housing and land for
affordable housing.
Rationale: There will always be a portion of the population which earns less than the
median income. This may be for many reasons. This affects the ability to find market
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rate housing which is adequate for basic housing needs. Lack of adequate housing
effects health, social stability, and many other issues which can have severe negative
and inter-generation effects.
Objective H-3.3: Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman residents.
Bozeman has strong ongoing demand for housing. There is also a strong demand for
temporary housing that competes with long term housing needs. It is important to note that
detached ADUs in R-S and R-1 zoning districts would not be allowed to be used as short
term rentals, pursuant to table 38.310.030.B, which indicates that a Short Term Rental (Type
2 or Type 3) is a use that is not permitted.
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
C. Promote public health, public safety, and general welfare.
Yes. One of the goals of allowing ADUs as a principal use in R-S and R-1 zoning districts is
to encourage existing infill properties within the City to develop. Infill development can help
promote public health, safety and general welfare as stated in the Bozeman Strategic Plan, A
Well Planned City, Item 4.1: “b) Develop and Align Infill Policies - Develop, adopt and align
city policies for infill and redevelopment, economic development and public infrastructure.”
As noted in Criterion 1, Goal H-3, adequate housing has a substantial effect on health, safety
and welfare. The proposed amendment provides additional opportunity for housing. The
City’s adopted design and construction standards for ADUs have been found to meet this
criteria or have been adopted by the Montana Department of Labor and Industry to protect
the same interests. While there is no guarantee that additional housing will occur as a result
of this amendment, it does make it easier to construct a detached ADU in two zoning
districts.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. Expanding the types of principal uses in the R-S and R-1 zoning districts does not
change the requirements related to transportation, water, sewerage, schools, parks or other
public requirements. The opportunity to construct ADUs already existed in these two
districts. The standards for actual construction are not being amended. It promotes infill and
walkability, potentially reduces travel times, and supports a wider range of affordable
housing in existing residential neighborhoods.
The elements noted in this criterion are addressed primarily by the City’s long-range facility
Plans, the City’s capital improvements program, and development standards adopted by the
City. The development standards set minimum sizing and flow requirements, require
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dedication of parks, provision of right of way for people and vehicles, keep development out
of floodplains, and other items to address public safety, etc.
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. All zoning districts in Bozeman enable a wide range of uses
and intensities.
This is reinforced by Section 38.300.020.C (BMC): “Placement of any given zoning district
on an area depicted on the zoning map indicates a judgment on the part of the city that the
range of uses allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate review
procedure and compliance with all the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the cost
of extending services.”
Before any ADU newly authorized by the proposed ordinance could be constructed, the
landowner must demonstrate compliance with all City standards. This ensures that adequate
services and infrastructure are available at time of construction.
E. Reasonable provision of adequate light and air.
Yes. Bozeman has established generally applicable standards for setbacks, park dedication,
on-site open space, and building design standards to address this requirement. In addition,
the building codes have standards for ingress and egress, ventilation, and related subjects that
further support delivery of adequate light and air. Allowing ADUs in low density residential
zones will not impact these existing standards related to providing adequate light and air. A
detached ADU is constructed in an accessory building subject to limitations on size and
placement that protect availability of adequate light and air. The accessory building could be
constructed in the same location and size whether or not an ADU is included with initial
construction.
F. The effect on motorized and non-motorized transportation systems.
Neutral. This text amendment may result in modestly more intense development than
existing regulations. For example, additional residents in these low density residential
neighborhoods may generate more traffic and require more parking. However, compliance
with the adopted Plans and standards, such as the ADU standards found in 38.360.040,
including an occupancy limit of two persons and requiring one paved off-street parking space
for the exclusive use of the ADU, will provide adequate capacity to offset any increases and
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ensure negative impacts are mitigated. The amendment revises the process to approve the
use, not the authorization to have the use.
G. Promotion of compatible urban growth.
Yes. Allowing ADUs as a principal use in R-S and R-1 zoning districts is intended to both
increase flexibility for existing developed sites and to promote building on undeveloped or
underutilized lots and properties within city limits.
Section 38.700.040, BMC defines the factors considered in determining compatibility. This
definition explicitly rejects uniformity as being necessary for compatibility. Compatibility is
considered within districts, as well as between districts. The determination of compatibility
happens at several levels, including what uses are allowed within each district; creation of
standards for new development to lessen impacts to adjacent and/persons; creation of
building and site design standards.
One element that this criterion seeks to answer is: what combination of uses under what
conditions can work well together? In this case, the primary uses in the R-S and R-1 districts
are low density residential units, such as single-household homes. Allowing additional
small, detached dwellings for residential uses are compatible because the primary use,
residential dwellings, is the same.
H. Character of the district.
Yes. Zoning indicates the character of an area by applying use and development standards to
individual properties.
Pursuant to the design requirements found in the ADU standards of 38.360.040, “detached
ADUs, including second story additions on detached garages may be approved only if found
compatible and consistent with the existing character and fabric of the neighborhood. The
review authority must consider placement and size of windows, decks, balconies, fencing,
landscape screening, and height and massing of the structure to minimize impacts to adjacent
properties.” Staff finds that the changes, as proposed in the Draft Ordinance, do not create any
additional conflicts with other sections of the code.
The City authorized ADUs in both the R-S and R-1 districts in 1996. The proposed amendment
does not add a new use to either district. It does make it easier to construct a detached ADU.
A detached ADU is constructed in an accessory building subject to limitations on size and
placement that protect availability of adequate light and air. The accessory building could be
constructed in the same location and size whether or not an ADU is included with initial
construction.
I. Peculiar suitability for particular uses.
Yes. Low density residential zoning districts are particularly suitable for detached small
dwelling units, such as ADUs because the principal use of these districts, residential use, is
enhanced.
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J. Conserving the value of buildings.
Yes. Allowing additional flexibility for uses will likely enhance the value of existing
buildings in this zone. Changes that increase opportunities only increase the potential
functional utility of a property.
Assertions that allowing a more intensive zoning may lessen values on adjacent properties is
best addressed under the guideline regarding the character of the district. The financial value
of land changes constantly based on many factors. Properties considered undesirable at one
time may be sought after as circumstances change or the reverse. Value may be primarily in
the eye of the beholder and not supported by neutral and objective evaluation.
There is no defined decline in financial value or utility that proves an automatic failure of this
guideline. Encouraging the most appropriate use of land connects back to criterion related to
compliance with the growth policy suitability for particular uses.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The intent of the Residential Suburban and Residential Low Density districts are
defined in the Unified Development Code as follows:
R-S: “…to commemorate and preserve existing R-S zoning only.”
R-1: “…to provide for primarily single-household residential development and related
uses within the city at urban densities.”
Allowing ADUs of-right in these districts does not significantly impact the intent of either
district or the most appropriate uses of land zoned R-S and R-1. Staff does not find that the
intent needs to be modified to allow these expanded uses. The adoption of a change to the
allowed use table demonstrates that the new uses are considered to be additional residential
dwellings of a type that blend well with adjacent land uses.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
Text Amendment to Allow ADUs in R-S and R-1 Zoning Districts Page 11 of 12
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
This Text Amendment notice was submitted for publication in the Bozeman Daily Chronicle
on 6/28/2020, 7/12/2020, and 7/26/2020. As a text amendment no posting or mailing
requirements apply.
No public comments have been received as of the writing of this Staff Report. Any public
comments received by the City will be provided to the review bodies.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING
STAFF
Applicant/Representative: City of Bozeman, Department of Community Development, PO Box
1230, Bozeman MT 59771.
Report By: Kelley Rischke, Assistant City Attorney
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft Ordinance
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A1 form
