HomeMy WebLinkAboutHearing for 3136 Foxtail Street Conditional Use Permit to allow Accessory Dwelling, Z13232
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Patricia Jacobs, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: A Conditional Use Permit (CUP) for the property addressed as 3136 Foxtail Street, to allow an Accessory Dwelling Unit (ADU) over an existing garage in an R-1 zoning district. Application Z13232
MEETING DATE: December 2, 2013
AGENDA ITEM TYPE: Action – Quasi-Judicial
RECOMMENDATION: Approval with conditions.
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 Z13232 and move to approve the 3136
Foxtail Street Conditional Use Permit with conditions and subject to all applicable code
provisions.” Staff Report page references: conditions of approval (Section 2 – page 4), review criteria
(Section 5 – page 4).
BACKGROUND: Property owner Carolyne Calvin and representative Medicine Hat, Inc., submitted a preliminary conditional use permit application requesting to establish and Accessory Dwelling unit over an existing garage in the R-1 zoning district.
Three public comments in support of this application have 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 conditional use permit 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.
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FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials, public comment
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: November 25, 2013
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Page 1 of 15
Z13323, Staff Report for the 3136 Foxtail ADU/CUP
Date: CITY COMMISSION meeting is on December 2, 2013.
Project Description: A Conditional Use Permit (CUP) for the property addressed as 3136
Foxtail Street, to allow an Accessory Dwelling Unit (ADU) over an existing
garage. The Conditional Use Permit is required for the establishment of an
accessory dwelling unit in a R-1 zoning district.
Project Location: The property is addressed as 3136 Foxtail Street. It is legally described
as Lot 1D, 154 ac, Block 15 of the Foxtail Street Subdivision, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions
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 Z13232 and move to approve the
3136 Foxtail Street Conditional Use Permit with conditions and subject to all
applicable code provisions.
Report Date: Tuesday, November 26, 2013
Prepared by: Patricia Jacobs, Associate Planner
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL ....................................... 4
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 4
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 5 - STAFF ANALYSIS........................................................................................... 4
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 4
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ................ 7
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 10
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 12
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 13
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 14
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 15
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning (Fig. 1.1)
Surrounding Zoning and Land Uses
North: Single detached homes: zoned R-1, Residential, Single-household low density
district
South: Single detached homes: zoned R-1
East: Single detached homes: zoned R-1
West: Single detached homes: zoned R-1
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Ariel Map (Fig. 1.2)
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SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL
Based on the subsequent analysis, the DRC and Staff find that the application, recommended
code requirements, is in general compliance with the adopted Growth Policy and the City of
Bozeman Unified Development Code, and concludes there are no conditions of approval
recommended.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. Section 38.22.030.A.2 requires that in addition 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 utilize
the on-street parking provisions of Section 38.25 of this chapter. The parallel parking space along the alley must be paved.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 3136 Foxtail ADU/CUP
File: Z13232
The Development Review Committee (DRC) held two meetings on October 30 and
November 6, 2013 to consider the conditional use permit application. The DRC found the
application sufficient for review and made a recommendation of a conditional approval to the
City Commission.
The City Commission will consider the proposal on December 2, 2013. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman, MT, in the
City Commission room at 6:00 p.m.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
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1. Conformance to and consistency with the City’s adopted growth policy
This proposed land use for an accessory dwelling unit is consistent with the Residential land
use classification identified for this property in the city’s adopted Growth Policy. The project
directly responds to the following principals, and goals and objectives of the Growth Policy:
“Neighborhoods should be reasonably compact and serve a variety of housing needs.”
Chapter 6: Housing 6.3 Goal H-1: “Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and
stability.”
This use is permitted as a conditional use within the underlying R-1 zoning district.
2. Conformance to this chapter, including the cessation of any current violations
The application will conform to Bozeman Municipal Code Chapter 38 “The Unified
Development Code.” There are no known non-conformities with Municipal Code on the
property.
3. Conformance with all other applicable laws, ordinances, and regulations
Following Final Site Plan approval, the plans will be further evaluated against the
requirements of the International Building Code at the time application is made for a building
permit for the accessory dwelling unit. Conditions of approval address coordination with
other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
No changes to the existing site or garage are necessary to accommodate the accessory
dwelling unit with the exception of the provision of a paved onsite parking space for the
ADU. The space currently exists adjacent to the existing alley, however it is currently
gravel. See Section 3 – Code Requirements Requiring Plan Corrections, a. Section
38.22.030.A.2.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The proposed use will not impact the existing or anticipated traffic conditions. The site will
accommodate the required parking for the existing residence and accessory dwelling unit by
providing one parking space in the existing garage, two on-street spaces, and one parallel
parking space adjacent to the alley (4 total required).
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6. Pedestrian and vehicular ingress and egress
No modifications to the pedestrian circulation systems or vehicular ingress and egress are
proposed. Required parking space sizes and back-up dimensions are met with the proposed
parking areas.
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 modifications to landscaping are proposed.
8. Open space
The application does not require any additional open space or park land dedication.
9. Building location and height
Neither the primary residence nor the garage will be modified with this application. There
will be no change in building location or height.
10. Setbacks
Neither the primary residence nor the garage will be modified with this application. No
change in is setbacks proposed.
11. Lighting
Neither the primary residence nor the garage will be modified with this application. No
changes to the existing exterior lighting is proposed.
12. Provisions for utilities, including efficient public services and facilities
No changes to the existing utilities are proposed or required. The existing garage also has the
required separate sewer line and utilities.
13. Site surface drainage
The application proposes no modifications to the existing site surface drainage.
14. Loading and unloading areas
Not applicable. No loading or unloading areas existing or proposed.
15. Grading
The application proposes no modifications to the existing grading.
16. Signage
Not applicable. No signs are proposed.
17. Screening
No additional screening is required or anticipated.
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18. Overlay district provisions
Not applicable
19. Other related matters, including relevant comment from affected parties
Correspondence was received via email from a noticed property owner in support of the
project.
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 of the Bozeman Municipal Code
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, 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 existing lot area equals 6,697 square feet, 6,000 square feet required. The existing
improvements met the dimensional requirements of the Unified Development Code at the
time of development. No known violations exist.
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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;
As of the writing of this report, three public comments have been received in response to the
required public noticing of the project. The public comment received was in support of the
application. Any additional public comments received following this report will be
forwarded to the City Commission prior to the public hearing.
Following review of the proposed application, staff generally finds that the proposed use can
be established 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:
a. Regulation of use; None
b. Special yards, spaces and buffers; None
c. Special fences, solid fences and walls; None
d. Surfacing of parking areas; See Code Requirements Requiring Plan Corrections,
Section 38.22.030.A.2
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds; None
f. Regulation of points of vehicular ingress and egress; None
g. Regulation of signs; None
h. Requiring maintenance of the grounds; None
i. Regulation of noise, vibrations and odors; None
j. Regulation of hours for certain activities; None
k. Time period within which the proposed use shall be developed; None
l. Duration of use; None
m. Requiring the dedication of access rights; None and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner. None
No conditions of approval are recommended to address specific Unified Development Code
requirements to protect the public health, safety and general welfare as required under the
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CUP. The following conditional use review criteria were reviewed during the review of this
application.
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.
The necessary recording of documents will be addressed as part of the final site plan process
and will be required prior to approval of the final site plan.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other
process step.
1) Community Development Code Provisions:
a. 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.
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. For your information, Code requirement.
b. Section 38.19.120 BMC requires the applicant to submit two (2) copies a final plan
within 6 months of preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Department of Community
Development. This is the final step in the entitlement process. An application form and fee is required in addition to the final plan set submittal.
c. Section 38.19.160 BMC states that a building permit must be obtained prior to
construction. Building permits will not be issued until the final plan is approved. For
your information, Code requirement.
d. Section 38.22.030.A.1 BMC requires that 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
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than one of the dwellings, either the principal dwelling or the accessory dwelling, may be
rented by non-owners at the same time. For the applicant’s information, Code requirement.
e. Section 38.22.030.A.3 BMC requires that the occupancy of the accessory dwelling unit
does not exceed two persons.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-1” (Residential Single-household Low Density). The intent
of the R-1 District is “to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such community facilities
and services as will serve the area's residents while respecting the residential character and
quality of the area.”
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates
that, “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 goals of the
Bozeman growth policy. The residential designation is intended to provide the primary
locations for additional housing within the planning area.”
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
An application was submitted to the Department of Community Development requesting a
Conditional Use Permit for the property located at 3136 Foxtail Street, to allow an accessory
dwelling unit over an existing garage.
Project Background
The primary single-family dwelling unit and detached garage was approved in 2006. The
intent of the original design of the detached garage was to accommodate a future accessory
dwelling unit. The previous property owner added a kitchen to the second floor garage space
without approval. The current property owner is now applying to legalize the accessory
dwelling unit and to retain the kitchen.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
Public notices for this project were posted on site, mailed to adjoining property owners and
posted on the City of Bozeman’s website the week of November 4, 2013. Notices ran in the
Legal section of the Bozeman Daily Chronicle on November 10 and November 17, 2013.
Notice was provided at least 15 and not more than 45 days prior to the City Commission
public hearing scheduled for December 2, 2013.
Staff has received three email correspondences from noticed property owners in support of
the application.
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APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Carolyne Calvin, 3136 Foxtail Street, Bozeman MT 59718
Representative: Medicine Hat Inc., PO Box 585, Gallatin Gateway, MT 59730
Report By: Patricia Jacobs, Associate Planner
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From:Vito Quatraro
To:Patricia Jacobs
Subject:CUP for 3136 foxtail Street
Date:Tuesday, November 12, 2013 10:11:37 AM
To Patricia Jacobs:
As a landowner of property within 200 feet of 3136 Foxtail, I have received written notice of a
Conditional Use Permit Application for the property located at 3136 Foxtail on Lot 1-D, Block 15,
Foxtail Street Subdivision and wish to make my public comments thru this email.
I support the Application and have no problem whatsoever with the City granting a Conditional Use
Permit for the property as it is consistent with the current usages in the neighborhood.
Thank you.
Vito R. Quatraro
580-1130
238
From:Zach Snyder
To:emailcarolyne@gmail.com; Patricia Jacobs
Subject:3136 Foxtail CUP
Date:Friday, November 22, 2013 7:09:07 PM
Hell my name Zach Snyder, I own a home next door to Carolyne Calvin's residence.Please accept comment that I support her condition use permit application.
Respectfully,
Zachary Snyder.
239
From:Crystal Chase-Kirchhoff
To:Patricia Jacobs
Cc:Carolyne Calvin
Subject:Fw: 3136 Foxtail Condition Use Permit Application
Date:Friday, November 22, 2013 9:03:19 AM
Hello all. Please be informed that as a next door neighboring single family home
dwelling unit owner located at 3114 Foxtail Street, I am in FULL SUPPORT of
allowing 3136 Foxtail the grant of a Conditional Use Permit Approval for her home.
God Bless,
-Crystal
Please contact my assistant Leah at 406-599-3854 in need of emergency.
Keller Williams MT Realty
Broker 406-360-2436 www.CrystalSellsBozeman.com
Above and Beyond Property Management LLC
Co-Owner/Licensed Property Manager 406-551-2093
www.AboveandBeyondRentals.com
Kirchhoff Construction INC
Co-Owner 406-581-8073 www.KirchhoffConstructionLLC.com
On Friday, November 22, 2013 9:01 AM, Crystal Chase-Kirchhoff <crystalchase@yahoo.com> wrote:
Hello all. Please be informed that as a next door neighboring single family home
dwelling unit owner located at 3114 Foxtail, I am in FULL SUPPORT of allowing 3136
Foxtail the grant of a Conditional Use Permit Approval for her home.
God Bless,
-Crystal
Please contact my assistant Leah at 406-599-3854 in need of emergency.
Keller Williams MT Realty
Broker 406-360-2436 www.CrystalSellsBozeman.com
Above and Beyond Property Management LLC
240
Co-Owner/Licensed Property Manager 406-551-2093
www.AboveandBeyondRentals.com
Kirchhoff Construction INC
Co-Owner 406-581-8073 www.KirchhoffConstructionLLC.com
241