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HomeMy WebLinkAboutEngstrom Accessory Dwelling Unit Conditional Use Permit #Z-12179, 6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner Tim McHarg, Planning Director SUBJECT: Engstrom Accessory Dwelling Unit Conditional Use Permit #Z-12179. MEETING DATE: August 20, 2012 AGENDA ITEM TYPE: Action Item RECOMMENDATION: That the City Commission approve the Engstrom Accessory Dwelling Unit Conditional Use Permit application #Z-12179 with staff’s recommended conditions of approval. RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby move to approve Conditional Use Permit application #Z-12179 to allow an accessory dwelling unit, at 2224 Bucks Run Court within the Headlands Subdivision, hereby incorporating by reference the conditions of approval and findings included in the staff report.” BACKGROUND: The proposal includes a request to install an Accessory Dwelling Unit (ADU) within the principal structure of this single family home currently under construction. The space within the principal structure proposed for conversion to an ADU was originally permitted as guest rooms. As accessory dwelling units are a conditional use in the R-S zoning district, a conditional use permit (CUP) has been requested. The property is located within the Headlands Subdivision. The Headlands Design Guidelines and Regulations are generally supportive of ADUs. The recommended conditions and code provisions for the granting of this conditional use permit begin on page 2 of the attached staff report. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approval of the CUP with the conditions as recommended by staff. 2. Approval of the CUP with amended conditions as determined by the City Commission. 3. Denial of the CUP application. 4. As determined by the Commission. FISCAL EFFECTS: None Attachments: Staff Report Applicant’s Materials Report compiled on: August 9, 2012 189 #Z-12179 Engstrom ADU CUP Staff Report 1 City Commission Staff Report for Engstrom Accessory Dwelling Unit in R-S Zoning District - CUP File #Z-12179 Item: A Conditional Use Permit and Certificate of Appropriateness application including a variance request to allow an Accessory Dwelling Unit in the home located at 2224 Bucks Run Court, zoned R-S, Residential Suburban District Owner: T.J. Engstrom, 416 Woodman Drive, Belgrade, MT 59714 Applicant/Representative: T.J. Engstrom Date: City Commission Meeting, August 20, 6:00 p.m., in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Keri Thorpe, Assistant Planner Recommendation: Conditional Approval ______________________________________________________________________________ Project Location This single family home is currently under construction and is located at 2224 Bucks Run Court and legally described as Lot 8, Headlands Subdivision, Section 32, T01 S, R06 E, Acres 0.516, PLAT J-346, City of Bozeman, Gallatin County, Montana. 190 #Z-12179 Engstrom ADU CUP Staff Report 2 Proposal/Background The proposal includes a request to install an Accessory Dwelling Unit (ADU) within the principal structure of this single family home currently under construction. The space within the principal structure proposed for conversion to an ADU was originally permitted as guest rooms. As accessory dwelling units are a conditional use in the R-S zoning district, a conditional use permit (CUP) has been requested. The property is located within the Headlands Subdivision. The Headlands Design Guidelines and Regulations are generally supportive of ADUs. Staff finds the proposal compliant with all City of Bozeman standards for ADU use within the R-S zoning district including parking, lot area, utilities, setbacks, building height, ADU square footage and entrance location. Occupancy standards will be recorded with the CUP at the Gallatin Clerk and Recorder’s office. This review is being conducted for the CUP to mitigate the impacts that might arise from an ADU use in an R-S zoning District. As required, the accessory dwelling unit is part of the principal dwelling and is clearly incidental to the principal dwelling by meeting the following criteria under Section 38.22.030.A.9: 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; b. The accessory dwelling does not exceed one-third of the total area of the principal structure; and, c. The accessory dwelling unit is created only through internal conversion of the principal structure. Recommended Conditions of Approval Based on the subsequent analysis, the DRC and Staff find that the application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: Recommended Conditions: PLANNING 1. Parking for the ADU provided by the garage stall beneath the ADU deck area shall be maintained for exclusive use of the accessory dwelling unit. 2. The ADU shall not be expanded without being subject to applicable CUP provisions established in Chapter 38.19, BMC 3. Upon submitting the Final Site Plan for approval by the Planning Director, and prior to the issuance of a building permit, the applicant will also submit a written narrative outlining how each of the above conditions of approval and code provisions have been satisfied or met. 4. Trees shall not be planted within 10 feet of any water or sewer service line. 191 #Z-12179 Engstrom ADU CUP Staff Report 3 Code Provisions: A. Section 38.19.110.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 shall 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 shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the 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. B. Section 38.19.110. I, Termination/Revocation of Conditional Use Permit approval. 1. 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: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final plan approval in Section 19.38.130, BMC. 2. 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. 3. 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. C. Section 38.19.120, Final Plan, states that no later than six months after the date of approval of a preliminary plan, the applicant shall submit to the Planning Department a final plan with accompanying application form and review fee. The number of copies of the final plan to be submitted shall be established by the Planning Director. The final plan shall contain the materials required in 38.41.080 and38.71.090 BMC and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the Planning Director. In addition the owner shall submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final plans have complied 192 #Z-12179 Engstrom ADU CUP Staff Report 4 with any conditions of approval or corrections to comply with code provisions. D. Section 38.22.030.A.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 time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.39.080.B, as a condition of approval; E. Section 38.22.030.A.3 states the occupancy of the accessory dwelling unit shall not exceed two persons. F. Section 38.23.150 F Lighting Specifications for All Lighting, states that in all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). G. Section 38.26.100 A. Landscaping General Maintenance states required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. Failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of an occupancy permit. When enforcing this provision of this chapter, external factors such as seasonality and availability of landscape stock shall be considered before any action to revoke an occupancy permit is taken. H. Section 38.34.100 states that a building permit shall be obtained within one year of approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Planning Director. I. Section 38.34.110 states that no permit or license shall be issued unless the use, arrangement and construction has been set forth in such approved plans and applications. Conditions and Code Provisions from other DRC members: J. Appropriate fire separation between the principal dwelling and the ADU is required. Contact the Building Division at 582-2375 for current requirements Building/Fire K. Section 40.02.750 Protective Devices, In Accordance with the BMC Section 40.02.750 the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is Water and Sewer 193 #Z-12179 Engstrom ADU CUP Staff Report 5 installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Conclusion/Recommendation The DRC and Staff have reviewed the Engstrom ADU proposal and recommend City Commission approval of the application with the conditions and code provisions outlined in this Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project, prior to receiving Final Site Plan approval. 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. Zoning Designation & Land Uses The property is zoned R-S, Residential Suburban District. The intent of R-S District is to allow open space, resource protection and primarily single-household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of article 20 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. The following land uses and zoning are adjacent to the subject property: North: Residential Single family, zoned R-S South: Residential Rural and Commercial Rural (plant nursery), County zoning East: Residential Single family, zoned R-S West: Residential Single family, zoned R-S Adopted Growth Policy Designation The Future Land Use Map (Figure 3-1) of the recently updated Bozeman Community Plan designates the subject property to develop as Suburban Residential. This category indicates locations generally outside of City limits, but within the planning area, where a land development pattern has already been set by rural subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is probable that portions of this area may be proposed for annexation within the next twenty years. The area is able to be served with municipal water and sewer services with appropriate extensions of main lines. Any further development within this area should be clustered to preserve functional open space. Individual septic and well services are discouraged. If development is proposed within reasonable access distances to waste water and water services, annexation to the City should be completed prior to development. 194 #Z-12179 Engstrom ADU CUP Staff Report 6 Bozeman Review Criteria & Staff findings Section 38.19.110.E. CONDITIONAL USE PERMIT; Consideration and Findings for Conditional Use Permits In addition to the plan review criteria contained in Section 38.19.100 below, 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 lot is 22,477 square feet. Landscaping and open space comprises approximately 88% of the lot. The parking requirements have been met for both the principal residence and the ADU. The garage stall below the deck area of the ADU is designated for exclusive use of the ADU resident(s). Landscaping will be typical for a single family home. This subdivision has no boulevard or sidewalk along the lot frontages. Per city standard, the homeowner is required to maintain 75 percent coverage of all yards with natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For the purposes of landscaping the “yard area” includes all those areas from the building wall to the property line exclusive of drive accesses and walkways. 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. A notice was placed in the front yard and surrounding property owners within 200 feet of the property were mailed notices informing them of the proposed use and variance request, per UDO requirements. No public comment had been received at the time of writing this staff report. Any public comment received hereafter will be forwarded to the City Commission members prior to the public hearing. Staff does not anticipate any adverse effect upon the abutting property and feel any concerns arising from the establishment of an ADU are mitigated by the conditions and code provisions listed in this report. 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: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time 195 #Z-12179 Engstrom ADU CUP Staff Report 7 period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. Staff has developed, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. A CUP document will be prepared incorporating all conditions and code provisions for recording. Section 38.19.100 Plan Review Criteria In considering applications for plan approval under this title, the review authority and advisory bodies shall consider the following criteria: 1. Conformance to and consistency with the City’s adopted growth policy The Headlands PUD was approved in 2002 by the City Commission, and this proposal is in general conformance with the PUD approval and therefore, the growth policy. 2. Conformance to this title, including the cessation of any current violations Staff is not aware of any current violations on the subject property. 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. 3. Conformance with all other applicable laws, ordinances, and regulations The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit. 4. Relationship of site plan elements to conditions both on and off the property The site plan for the proposal is typical of other single family dwelling developments within the Headlands Subdivision. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Staff finds the parking for the principal dwelling and proposed ADU are adequately addressed with the applicant’s proposal. 6. Pedestrian and vehicular ingress and egress Pedestrian and vehicular ingress and egress is typical and similar to other single family developments within the Headlands Subdivision. 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 • Bozeman Municipal Code (BMC) requires that yard landscaping be maintained to provide vegetative cover for at least 75% of the yard area exclusive of buildings, driveways and walkways and that it be maintained in a healthy condition. 196 #Z-12179 Engstrom ADU CUP Staff Report 8 • The building looks like a single family dwelling • The garage doors face the side yard which reduces the appearance of vehicular use • Open space: there is no open space requirement with this application, beyond the required R-S setbacks established during the PUD process. The required setbacks have been met. 8. Open space There are no open space requirements associated with this application other than required yard setbacks which are met (see above). 9. Building location and height These are unchanged with this application. The single family dwelling is currently under construction. 10. Setbacks These standards are met by the existing condition and are unchanged with the applicant’s proposal. 11. Lighting No exterior lighting modification is proposed with this application. See code provisions listed in this staff report. 12. Provisions for utilities, including efficient public services and facilities Not applicable. The electrical plan is reviewed during building permit review, and a condition regarding a backflow prevention device was provided. Impact fees will be due prior to issuance of building permit for the addition of the ADU. 13. Site surface drainage Additional driveway surfacing and concrete entryway is minimal and within what’s allowed for a single family dwelling. 14. Loading and unloading areas No loading areas are proposed with this application. 15. Grading The grading is unchanged with this application 16. Signage No signage is proposed or permitted for this use. 17. Screening None required. 18. Overlay district provisions Not applicable. 19. Other related matters, including relevant comment from affected parties 197 #Z-12179 Engstrom ADU CUP Staff Report 9 No public comment has been received at this time. 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 Title 17 Chapter 2, BMC (Workforce Housing) Not applicable 22. Phasing of Development Not applicable Attachments: Application and public comment Report Sent to: T.J. Engstrom, 416 Woodman Drive, Belgrade, Montana 59714 198 199 200 Office Kitchen 201 202 203 204 205 206 207