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HomeMy WebLinkAboutBridger Creek Vacation Home Conditional Use Permit Public Hearing_11 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: A Conditional Use Permit application to allow the operation of the Bridger Creek Vacation Home at 1005 Boylan Road - File Z13084. MEETING DATE: June 24, 2013 AGENDA ITEM TYPE: Action - Quasi Judicial RECOMMENDATION: That the City Commission approves Conditional Use Permit Application Z13084 to allow the operation of the Bridger Creek Vacation Home (classified as “Extended Stay Lodging” in the R-1 zoning district) at 1005 Boylan Road. RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z13084 and move to approve the conditional use permit with conditions and subject to all applicable code provisions.” Staff Report page references: conditions of approval (page 2), review criteria (page 4), code provisions (page 6). BACKGROUND: This proposal involves a request for Conditional Use Permit (CUP) approval to operate the “Bridger Creek Vacation Home” as a vacation rental in the R-1 (Residential Single Household Low Density) District. This use is classified as “Extended Stay Lodging” within the Bozeman Municipal Code (BMC). Extended stay lodging is defined within the BMC (Sec. 38.42.1040) as “guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.” This proposed use is reviewed against the CUP criteria of Section 38.19.110 as addressed in the attached staff report. The home and site improvements meet all current site development standards for a residential dwelling. 149 The recommended conditions of approval are included, if the City Commission is inclined to approve the CUP, to assure this use can be operated harmoniously within this neighborhood setting and address any public health, safety and welfare concerns. With the recommended conditions of approval, staff is generally supportive of this use at this location. This vacation rental property location helps to mitigate impacts to the adjacent residential neighborhood. On June 5, 2013, the Development Review Committee (DRC) recommended conditional approval of this CUP application and their recommended conditions and comments are included in the attached staff report. No public comment on this application has been received to date. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approve the application with the recommended Staff conditions; 2. Approve the application with modifications to the recommended Staff conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable CUP criteria contained within the staff report; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS: None identified. Attachments: Staff Report, Applicant’s submittal materials The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. Report compiled on: June 13, 2013 150 Z13084 Bridger Creek Vacation Home CUP Staff Report 1 City Commission Staff Report for the Bridger Creek Vacation Home - File Z13084 Item: A Conditional Use Permit to allow the operation of the Bridger Creek Vacation Home (classified as “Extended Stay Lodging” in the R-1 Zoning District) at 1005 Boylan Road. Owner/Applicant: Kreta Chandler 1005 Boylan Road Bozeman, MT 59715 Representative: Jody Richards 538 Business Hub F Belgrade, MT 59714 Date: City Commission Meeting, June 24, 2013 at 6:00 p.m., City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Doug Riley, Associate Planner Recommendation: Conditional Approval ______________________________________________________________________________ Project Location The subject property is located at 1005 Boylan Road, approximately 800 feet west of Story Mill Road. The property is legally described as Lot 1, Bridger Creek Subdivision, Section 31, T1S, R6E, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-1 (Residential Single Household Low Density District). Please refer to the vicinity map below. Surrounding Land Uses and Zoning North: Golf Course: zoned R-S (Residential Suburban) South: Across Boylan Road: Residential Single Household: zoned R-1 East: Golf Course: zoned R-S West: Vacant Lot: zoned R-1 151 Z13084 Bridger Creek Vacation Home CUP Staff Report 2 Proposal/Background This proposal involves a request for Conditional Use Permit (CUP) approval to operate the “Bridger Creek Vacation Home” as a vacation rental in the R-1 (Residential Single Household Low Density) District. This use is classified as “Extended Stay Lodging” within the Bozeman Municipal Code (BMC). Extended stay lodging is defined within the BMC (Sec. 38.42.1040) as “guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.” This proposed use is reviewed against the CUP criteria of Section 38.19.110 as addressed later in this report. The home and site improvements meet all current site development standards for a residential dwelling. The recommended conditions of approval are included, if the City Commission is inclined to approve the CUP, to assure this use can be operated harmoniously within this neighborhood setting and address any public health, safety and welfare concerns. With the recommended conditions of approval, staff is generally supportive of this use at this location. This vacation rental property location helps to mitigate impacts to the adjacent residential neighborhood. On June 5, 2013, the Development Review Committee (DRC) recommended conditional approval of this CUP application and their recommended conditions and comments are included in this report. Recommended Conditions of Approval Based on the subsequent analysis, the DRC finds that the application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Code. The following conditions of approval are recommended. Recommended Conditions: 1. The maximum number of guests shall not exceed 10 per night. 2. No more than two vehicles shall be parked overnight outside of the garage and they shall be parked on the garage/driveway apron. No parking shall be permitted except on an all-weather drivable surface. 3. No outdoor activities shall be permitted at which more than 20 persons are in attendance. 4. No outdoor fires shall be permitted. 5. All outdoor activities shall cease by 10 p.m. 6. There shall be no outdoor sleeping, campers or tents permitted on the property at any time. 152 Z13084 Bridger Creek Vacation Home CUP Staff Report 3 7. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions of this Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer or place himself or herself in harm’s way. 8. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten (10) days of reserving the property. Any rental agreement shall include a written acknowledgment by the renters of compliance with said rules and conditions. The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door. This information shall also include the following: a. The name of the property management company, agent, local contact person, or owner of the property, and a telephone number at which that party may be reached on a 24-hour basis. b. The trash pick-up day and notification of all rules and regulations regarding trash removal. c. The rules, requirements or provisions for seasonal snow removal. Conclusion/Recommendation The DRC has reviewed the Bridger Creek Vacation Home CUP and recommends to the City Commission approval of said application with the conditions outlined in this Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development Code, which are applicable to this project, prior to receiving final 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. Adopted Growth Policy Designation The Future Land Use Map (Figure 3-1) of the Bozeman Community Plan designates the subject property to develop as Residential. “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall 153 Z13084 Bridger Creek Vacation Home CUP Staff Report 4 goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” Review Criteria & Staff Findings Section 38.19.110. 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 this home sits on is 0.29 acres (12,632 square feet) which is over two and a half times the 5,000 square foot minimum lot size for the R-1 zoning district. The home has been placed in the relative center of the lot with increased setbacks to the property lines from what would normally be required for an R-1 property. The home was constructed in 1996 to modern site development and construction standards including a 2 car garage with asphalt apron and driveway for parking. As evidenced by the supplied photographs, the home is similar in nature to other homes in this area of the Bridger Creek Subdivision. There is existing landscaping on the property including several mature trees. 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. Staff completed the required noticing for the project including sending a notice to the Bridger Creek Subdivision Community Association. As of the writing of this report, no public comments have been received in response to the noticing. Any public comments received following this report will be forwarded to the City Commission prior to the public hearing. Following review of the proposed application with the inclusion of the recommended conditions, staff generally finds that the proposed use can be operated with no material adverse effects upon abutting properties unless evidence presented at the public hearing proves otherwise and warrants any special conditions as deemed necessary by the City Commission. 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 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. The CUP review criteria for the proposed use is reviewed in an effort to determine what may be reasonable conditions for this specific application to assure this use can be operated harmoniously within this neighborhood setting and that also addresses any public health, safety and welfare concerns. Recommended Condition #1 has been included to limit the number of overnight guests on the property 154 Z13084 Bridger Creek Vacation Home CUP Staff Report 5 at any one time to 10 to limit the intensity of this commercial use on the property to what could be expected from similarly sized residential homes. This number also falls within the International Building Code occupancy standard for residential homes of “one person per 200 square feet of floor area”. This is a commercial use but it does not reach the intensity requiring building code standards for hotels. Recommended Condition #2 has been included to address parking on the property and to assure that on- site parking generally matches what may be typical for other homes in the area. Recommended Condition #3 has been included to limit the size of any outdoor parties/gatherings on the site that could impact adjacent residential properties due to noise, parking congestion or other related issues. Recommended Condition #4 has been included to prohibit outdoor fires that may impact adjacent residential properties due to smoke and visually related impacts. Recommended Condition #5 has been included to require that all outdoor activities cease by 10 p.m. so as not to impact adjacent residential properties due to noise. Recommended Condition #6 indicates that no outdoor sleeping, campers or tents are permitted on the property at any time (again, to limit any potential impacts to adjacent properties and to retain the general residential appearance of the property). Recommended Conditions #7 and #8 are fairly standard notification protocols for vacation rentals to assure that future renters have been notified of the rules governing their stay, acknowledged these rules, identified contact persons, and requires the posting of the rules within the unit. These conditions will help to assure that renters are aware of the CUP conditions and their obligations to minimize negative impacts to the surrounding area. The applicant has indicated that they are not proposing any signage for this rental. Note: For the Creekwood Guest House CUP, the applicant indicated that they may desire future signage. Therefore, the Commission approved a condition which read: “A sign identifying the vacation rental shall be permitted but shall not exceed 4 square feet in size and shall be affixed to the front of the structure. No detached signage shall be permitted on the property advertising the guest house. If said sign is affixed to the front of the structure then it shall contain a contact phone number for the owner.” Also, this applicant has not proposed a termination provision to the CUP. Note: For the Creekwood Guest House CUP, the Commission approved a condition which read: “As represented by the applicant, the Conditional Use Permit, and the operation of the Extended Stay Lodging facility, will terminate upon the sale of the property to a different owner or in 2.5 years (October 1, 2015) whichever occurs first.” This application, unless conditioned otherwise by the Commission, would “run with the land”, (like most CUP’s), as long as any future owners abide by the conditions of approval. Staff has specifically cited the City’s noise ordinance in Section 2 below and this reference would be included in the formal CUP document that would get executed and recorded by the property owner. Section 38.19.100 “Plan Review Criteria” 155 Z13084 Bridger Creek Vacation Home CUP Staff Report 6 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 This proposed land use and nature of this site is consistent with the Residential land use classification in terms of land area and the fact that the property has already been annexed to the City and is served by all City services including public sewer and water. This use is permitted within the R-1 zoning district with the approval of a CUP. 2. Conformance to this title, including the cessation of any current violations 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. Staff has cited the following code provisions that shall also be included in the recorded CUP and to assist/advise the applicant in regards to other City standards that must be adhered to in the operation of this vacation rental: a. Chapter 16, Article 6 BMC contains the noise ordinance which is derived to protect, preserve, and promote the health, safety, welfare, peace and quiet of the citizens of the City through the reduction, control, and prevention of raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. b. Section 12.24.020 BMC contains the sidewalk snow removal requirements for the City. It is the responsibility of the property owner or property manager of a rental property to provide snow removal from sidewalks adjoining a rental property within 24 hours of any snow or ice accumulation. The owner may either contract with a snow removal company or may require the tenant to clear sidewalks. c. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. d. Section 38.19.110.I. BMC 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 site plan approval in Section 38.19.130, BMC. 156 Z13084 Bridger Creek Vacation Home CUP Staff Report 7 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. 3. Conformance with all other applicable laws, ordinances, and regulations It should be noted that staff has recommended that the applicant consult the Declaration of Covenants, Conditions and Restrictions & Bylaws for the Bridger Creek Subdivision and its Homeowners Association for any possible issues, conflicts or requirements for the proposed use of this property as a vacation rental. Any approval of this use by the City of Bozeman does not override any subdivision covenants. Sec. 38.01.100 - Private restrictions – contains the City’s policy regarding private restrictions as follows: "This chapter is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this chapter is more restrictive or imposes a higher standard than any such private restriction, the requirements of this chapter shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this chapter, the city has no duty to enforce such private restrictions or advise of their existence. The city may enforce a private restriction if the city is a party to such covenant or restriction, if such restriction was required by the city, or if it was relied upon by the city during the land development process in order to meet the requirements of this chapter or another required standard. The city may prohibit private restrictions that violate matters of law. Covenants are subject to the requirements of section 38.38.030." 4. Relationship of site plan elements to conditions both on and off the property The existing home was constructed in 1996 and conforms to all current site development standards for a residential dwelling. The home has been constructed in the middle of the 12,632 square foot lot. In consideration of this proposed use, this home is located in relative close proximity to the entrance to the Bridger Creek Subdivision from Story Mill Road. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions No additional parking will be required to meet the City’s minimum standards. Recommended condition #2 has been included to limit the amount of outdoor overnight parking to assure that parking remains comparable to other residential homes. Traffic levels may fluctuate based on rentals but, considering the overnight occupant limit (recommended condition #1) it should be comparable to other residences of this size. In addition, due to periods when the home is not rented, or occupied by the owner, traffic will be minimized. Therefore, overall traffic levels, on average, over time, would generally be considered comparable to similar residential homes. 6. Pedestrian and vehicular ingress and egress 157 Z13084 Bridger Creek Vacation Home CUP Staff Report 8 Vehicle access is from Boylan Road and is not proposed to be modified. There is an existing boulevard sidewalk along Boylan Road that ties into the Bridger Creek Subdivision sidewalk system. 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 No changes to the existing landscaping is proposed as part of this application. 8. Open space Open space is provided on the lot within the provided building yard setbacks. Parkland was provided for the Bridger Creek Subdivision as part of the subdivision development. This property abuts the Bridger Creek Golf Course to the north and east. 9. Building location and height No physical alterations are proposed for the existing building. The building height will remain unchanged. 10. Setbacks As previously noted, the home was constructed in the center of the 12,632 square foot lot. The approximate setbacks of the home, compared to the R-1 minimum setbacks, are as follows: Front Yard (South): Required: 15 feet Provided: 27+ feet Rear Yard (North): Required: 20 feet Provided: 25+ feet Side Yard (East): Required: 5 feet Provided: 15+ feet Side Yard (West: Required: 5 feet Provided: 30+ feet 11. Lighting No changes to lighting, and no additional lighting, are proposed as part of this application. 12. Provisions for utilities, including efficient public services and facilities The site is fully served by public and private utilities. No changes to the sewer and water connections or private utilities are proposed. 13. Site surface drainage No changes to the site surface drainage are proposed. The Engineering Department did not have any concerns regarding drainage as part of this application. 14. Loading and unloading areas Not applicable. 15. Grading No changes to the site grading are proposed as part of this application. 158 Z13084 Bridger Creek Vacation Home CUP Staff Report 9 16. Signage No specific signage is requested as part of this application. 17. Screening No screening is specifically required with this application. There are existing mature trees located on the boundaries of the property. 18. Overlay district provisions Not applicable as the property is not located within an overlay district. 19. Other related matters, including relevant comment from affected parties As of the writing of this report, no public comment has been received in response to the noticing of the project. Any public comments received following this report will be forwarded to the City Commission prior to the public hearing. 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 Article 8 of Chapter 10, BMC (Workforce Housing) Not applicable. 22. Phasing of Development Not applicable. Attachments: Applicant’s Submittal Materials Report Sent to: Jody Richards, 538 Business Hub Unit F, Belgrade, MT 59714 Kreta Chandler, 1005 Boylan Road, Bozeman, MT 59715 159 160 161 162 163 164 165 166 167 168 169 170