HomeMy WebLinkAboutF5 3303 Sora
Report compiled on November 8, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: 3303 Sora Way Accessory Dwelling Unit (ADU) CUP, #Z-06242
MEETING DATE: Monday, November 13th, 2006
BACKGROUND: This is an application for a Conditional Use Permit to allow the construction
of an accessory dwelling unit on property located at 3303 Sora Way. The property in question is
legally described as Lot 9, Block 19, Cattail Creek Subdivision Phase 3, City of Bozeman, Gallatin
County, Montana. No deviations are requested.
Please note, this application was submitted, and is being reviewed, concurrently with two identical
Conditional Use Permits applications. All three of these applications are requesting the addition of
accessory dwelling units (ADU’s). With the conditions outlined in the attached staff report, all
zoning requirements will be met.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission approve Application No. Z-06242 with the
conditions of approval as outlined in the attached Staff Report.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
3303 SORA WAY ACCESSORY DWELLING UNIT CUP #Z-06242
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Item: Zoning Application #Z-06242, a Conditional Use Permit application to
allow the construction of an accessory dwelling unit on property
located at 3303, Sora Way, which is zoned “R-1,” Residential Single-
Household, Low Density District.
Property Owner: K.C. Tolliver
2311 South 7th Avenue
Bozeman, MT 59715
Applicant/Representative: Building Dimensions, Inc.
67 Rodeo Court
Bozeman, MT 59718
Date: City Commission Hearing: Monday, November 13th, 2006,
6:00 p.m., in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, MT 59715.
Report By: Martin Knight, Assistant Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 3303 Sora Way and legally described as Lot 9, Block 19, Cattail Creek
Subdivision Phase 3, City of Bozeman, Gallatin County, Montana. The total lot area is approximately
10,320 square feet (0.24 acres), with approximately 624 square feet being occupied by the proposed garage
& accessory dwelling unit structure. Said property is zoned “R-1,” Residential Single-Household, Low
Density District. Please refer to the following vicinity map.
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PROPOSAL
This is a Conditional Use Permit Application to allow an accessory dwelling unit (ADU) on property located
at 3303 Sora Way and located in Phase 3 of the Cattail Creek Subdivision. The subject property is zoned
“R-1,” Residential Single-Household, Low Density District. Setbacks, lot area, and lot coverage
requirements are being met.
Parking for the accessory dwelling unit will be provided off the alley accessible from Sundew Lane. Per
UDO Section 18.46 “Parking,” parking for accessory dwelling units may not be provided on-street, and
must be exclusive of required front, corner-side, and side yards. Furthermore, a 26-foot setback for stacked
parking behind an alley accessed garage. Currently, the proposed site plan does not meet these Zoning
Ordinance requirements. With conditions, as outlined in this staff report, the applicant may be able to fulfill
the Zoning Ordinance requirements for parking.
This application is CUP because accessory dwelling units are Conditional Uses in the R-1 zoning district, per
section 18.16 of the Unified Development Ordinance.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned “R-1,” (Residential Single-Household, Low Density
District). The intent of the “R-1” District is to provide for 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. The following
land uses and zoning are adjacent to the subject property:
North: Vacant; zoned “R-1,” Residential Single-Household, Low Density District.
South: Single-household Residence; zoned “R-1,” Residential Single-Household, Low
Density District.
East: Vacant; zoned “R-1,” Residential Single-Household, Low Density District.
West: Vacant; zoned “R-1,” Residential Single-Household, Low Density District.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Residential” in the Bozeman 2020 Community Plan. This category designates
places where the primary activity is urban density living quarters. Other uses which complement residences
are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools.
The dwelling unit density expected within this classification varies.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit against
relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following
summary review comments. The findings outlined in this report include comments and recommended
conditions provided by the Development Review Committee (DRC). This project does not meet the
thresholds established by Chapter 18.62 to warrant evaluation by the Design Review Board.
Section 18.34.090 “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission, the DRC,
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and when appropriate, the ADR Staff shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman 2020 Community Plan land
use designation of “Community Commercial.”
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. The
following code provisions must be addressed prior to Final Site Plan approval:
a) Section 18.34.130 states that the applicant upon submitting the Final Site Plan for
approval by the Planning Director, and prior to the issuance of a building permit, will
also submit a written narrative outlining how each of the above conditions of approval
and code provisions have been satisfied or met.
b) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop
equipment should be incorporated into the roof form and ground mounted equipment
shall be screened with walls, fencing or plant materials.
c) Section 18.38.050.G.3 states that accessory structures greater than 600 square feet shall
not be located in any required front, rear, or side yard and shall provide adequate back-
up maneuverability for required parking spaces.
d) Section 18.40.030.A.2 states that one paved off-street parking space for exclusive use
of the accessory dwelling unit shall be provided.
e) Section 18.40.030.A.5 states that no permit for accessory dwelling units shall be
granted unless the lot has been configured to accept an accessory dwelling unit with
adequate lot area, utility services, and compliance with setbacks and height standards.
f) Section 18.40.030.A.11 states that no deviations shall be granted to lot area
requirements or parking requirements to allow the establishment of an accessory
dwelling unit.
g) Section 18.64.100 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.
h) Section 18.64.110 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.
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Engineering Provisions
a. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and
symbols used provided.
b. Water and sewer services shall be depicted according to record drawings with sizes
labeled appropriately. Distinction between proposed and existing services shall be
made.
c. Proposed water/sewer services shall maintain a minimum horizontal separation of 10’ to
landscape trees.
d. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of
the Unified Development Ordinance. This shall be submitted as part of the final site
plan for site developments, or with infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
e. All construction activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All
conditions for a Site Plan and Conditional Use Permit must be met prior to final site plan
approval. The plans will be further evaluated against the requirements of the International
Building Code if an application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
Currently, all properties adjacent to the proposed development are vacant. Zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. should ensure that
the proposed development does not negatively impact the surrounding properties. The
proposed layout will not prohibit development of adjacent properties. No lighting or
signage has been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The preliminary site plan depicts a 2-car garage being provided for the subject property. The
4-bedroom house and 1-bedroom accessory dwelling unit would require a minimum of 5
parking spaces. One of the required parking spaces for the principal house may be provided
on-street. Thus, 3 of the 5 required parking spaces are being provided.
Parking for the accessory dwelling unit will be provided off the alley accessible from Sundew
Lane. Per UDO Section 18.46 “Parking,” parking for accessory dwelling units may not be
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provided on-street, and must be exclusive of required front, corner-side, and side yards.
Furthermore, a 26-foot setback for a garage with stacked parking off an alley must be
provided. Currently, the proposed site plan does not meet these Zoning Ordinance
requirements. With conditions, as outlined in this staff report, the applicant may be able to
fulfill the Zoning Ordinance requirements for parking. These items have been included as
conditions for Final Site Plan approval.
6. Pedestrian and vehicular ingress and egress
Again, access to the accessory dwelling unit will be provided from the alley accessible off
Sundew Lane. Sidewalks will provide pedestrian access off both Sundew Lane and Sora Way.
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
The proposed landscape plan will be evaluated for needed points with the Final Site Plan.
Landscaping standards, per UDO Section 18.48 “Landscaping,” must be provided. This has
been included as a condition for Final Site Plan approval.
8. Open space
The Zoning Ordinance requirements are being met.
9. Building location and height
The proposed accessory dwelling unit is exclusive of the required setbacks. The proposed
building height of 27 feet is within the permitted height requirements. Thus, building
location and height are acceptable.
10. Setbacks
The setbacks in the R-1 zoning district are 15 feet front, 20 feet rear, and 5 feet on the sides.
Thus, both the principal house and accessory dwelling unit fulfill the setback requirements.
11. Lighting
No exterior lighting has been proposed. Any exterior lighting will require a lighting plan and
must be reviewed, and approved, by the Planning Department prior to installation.
12. Provisions for utilities, including efficient public services and facilities
Water service will be obtained from Sora Way. Sewer service will be obtained from Sundew
Lane. Accurate depiction of existing and proposed water and sewer mains has been included
as a condition for Final Site Plan approval.
13. Site surface drainage
Stormwater runoff calculations have not been provided. This will be evaluated as part of the
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Final Site Plan and any needed grading for Stormwater must be provided. There is little
impervious surface and it is expected that stormwater will naturally infiltrate.
14. Loading and unloading areas
Non-applicable.
15. Grading
Minimal grading will be required. However, if needed, grading will be required to route the
water to the stormwater facilities.
16. Signage
No signage is proposed. Any new signage requires a sign permit that must be reviewed, and
approved by the Planning Department prior to installation.
17. Screening
No screening has been proposed. All mechanical equipment shall be screened in accordance
with UDO section 18.38.050. This shall include, but not be limited too, air conditioners and
electric panels. All mechanical equipment and screening shall be depicted on the site plan
and landscaping plan for Final Site Plan submittal. This has been included as a code
provision for Final Site Plan approval.
18. Overlay district provisions
Non-applicable
19. Other related matters, including relevant comment from affected parties
No public comment has been received.
Any comments received after the date of this Staff Report will be distributed to the
Commission at 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:
a. 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;
b. 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.
Non-applicable
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Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find 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.
Again, currently, all properties adjacent to the proposed development are vacant. Zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. should ensure that
the proposed development does not negatively impact the surrounding properties. The
proposed layout will not prohibit development of adjacent properties.
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.
All adjacent properties are zoned R-1 (Residential Single-Household, Low Density District).
Accessory dwelling units are a conditional use in the R-1 zoning district. Minimal traffic will
be generated with the addition of an accessory dwelling unit. And again, zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. should ensure that
the proposed development does not negatively impact the surrounding properties. The
proposed layout will not prohibit development of adjacent properties.
No public comment has been received. Any comments received after the date of this Staff
Report will be distributed to the Commission at the public hearing.
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.
a. Regulation of use: no special recommendations.
b. Special yards, spaces and buffers: As discussed above in item 2, the site provides adequate
size and topography to accommodate the proposed accessory dwelling unit.
c. Special fences, solid fences and walls: No special conditions recommendations.
d. Surfacing of parking areas: No special conditions recommended.
e. Requiring street, service road or alley dedications and improvements: No special
recommendations.
f. Regulation of points of vehicular ingress and egress: No special recommendations.
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g. Regulation of signs: All signage must be approved by Vicki Hasler, Code Enforcement
Officer for the City of Bozeman.
h. Requiring maintenance of the grounds: No special conditions.
i. Regulation of noise, vibrations and odors: The issuance of the CUP will not add noise,
vibrations or odors.
j. Regulation of hours for certain activities: No regulations are recommended.
k. Time period within which the proposed use shall be developed: No special conditions
recommended.
l. Duration of use: The use may continue for the life of the structure.
m. The dedication of access rights: None.
n. Other such conditions as will make possible the development of the City in an orderly and
efficient manner: No additional recommended conditions.
Staff has not identified any additional conditions, other than those listed below, to protect the
public health, safety, and general welfare.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the previous analysis, the DRC finds that the application, with conditions, is in general compliance
with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following
four conditions of approval are recommended:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 “Parking`.” Parking
for accessory dwelling units may not provided on-street. A 26-foot setback is required for a garage
with stacked parking off an alley.
2. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or
side yard.
3. Accessory structures may not occupy more than 20 percent of the area of the lot located to the rear
of the principal building. Lot coverage calculations shall be included on the site plan for Final Site
Plan submittal.
4. Evidence that the proposed development (s) have been reviewed and approved by the Cattail Creek
Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be provided.
6. Any utility lines and easements shall be accurately depicted on the Final Site Plan and Landscape
plan. Proposed extensions and additions shall be labeled “proposed.”
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
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8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall
be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
1. A dedicated sewer service shall be provided for the accessory dwelling unit.
2. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. 1’ off
property) and shall not be installed in the street boulevard.
CONCLUSION/RECOMMENDATION
The DRC has reviewed the Conditional Use Permit Application to allow the construction of an accessory
dwelling unit on property located at 3303 Sora Way and as a result recommend to the City Commission
approval of said application with the conditions and code provisions outlined in this Staff Report. Planning
Staff has identified various code provisions that are currently not met by this application. Some or all of
these items are listed in the findings of 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.
Attachments: Applicant’s Submittal Materials
Report Sent To: K.C. Tolliver, 2311 South 7th Avenue, Bozeman, MT 59715
Building Dimensions, Inc., 67 Rodeo Court, Bozeman, MT 59718