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HomeMy WebLinkAbout21 SwansonZ14316, Staff Report for Swanson Residence ADU CUP Page 1 of 17 Z14316 Staff Report for the Swanson Residence Accessory Dwelling Unit Conditional Use Permit Date: City Commission Public Hearing December 8, 2014 Project Description: A Conditional Use Permit (CUP) application to allow the establishment of an accessory dwelling unit (ADU) above a detached garage building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision. The CUP is required for the establishment of an ADU in an R-1 zoning district. Application No. Z14316. Project Location: 3109 Foxtail Street, Bozeman, MT zoned R-1 (Residential Single- Household, Low Density) and is legally described as Lot 6E, Block 14 in Phase 2 of Cattail Creek Subdivision, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14316 and move to approve the Swanson Residence Accessory Dwelling Unit conditional use permit to allow the establishment of an accessory dwelling unit above a detached garage building with conditions and subject to all applicable code provisions.” Report Date: Tuesday, December 02, 2014 Staff Contact: Allyson Brekke, Associate Planner Agenda Item Type: Action (Quasi Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary Property owner Travis Swanson submitted a Conditional Use Permit application to establish an accessory dwelling unit (ADU) above a detached garage building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision. ADUs are a conditional use in the R-1 Residential Single-Household, Low Density District and require a public hearing. The site in question is currently under construction. A building permit was issued by the City of Bozeman to allow the property owner to begin construction of the single-household residence and the garage building, with the understanding the ADU could only be established following the approval of a Conditional Use Permit. The building permit specific for the ADU will not be issued until final approval of a Conditional Use Permit. At their November 19, 2014 meeting, the Development Review Committee meeting voted unanimously to recommend approval of the conditional use permit application with the conditions and code provisions identified in this report. 332 Z14316, Staff Report for Swanson Residence ADU CUP Page 2 of 17 Additional background information is supplied in Appendix B of this report. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 10 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 5 - STAFF ANALYSIS......................................................................................... 11 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 16 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 17 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 333 Z14316, Staff Report for Swanson Residence ADU CUP Page 3 of 17 SECTION 1 - MAP SERIES 334 Z14316, Staff Report for Swanson Residence ADU CUP Page 4 of 17 335 Z14316, Staff Report for Swanson Residence ADU CUP Page 5 of 17 336 Z14316, Staff Report for Swanson Residence ADU CUP Page 6 of 17 337 Z14316, Staff Report for Swanson Residence ADU CUP Page 7 of 17 Site Plan 338 Z14316, Staff Report for Swanson Residence ADU CUP Page 8 of 17 ADU Designated Parking On-Site 339 Z14316, Staff Report for Swanson Residence ADU CUP Page 9 of 17 ADU Floor Plan – Less than 800 square feet living area 340 Z14316, Staff Report for Swanson Residence ADU CUP Page 10 of 17 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the project. Recommended Conditions of Approval: 1. 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. 2. 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. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS a. 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. Staff will draft the document that must be recorded at the Gallatin County courthouse. A copy of this recorded document must be submitted with the final plan application. b. Section 38.41.100 BMC states that a separate landscape plan must be submitted with a site plan application. A landscape plan must be submitted with the final plan application SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Swanson Residence ADU CUP File: Z14316 The Development Review Committee (DRC) considered the conditional use permit application to allow the establishment of an accessory dwelling unit (ADU) above a detached garage building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision on October 29 and November 5, 12, and 19, 2014 and completed the review with a recommendation of conditional approval on November 19, 2014. The City Commission is scheduled to hold a public hearing and review the application at their December 8, 2014 meeting. 341 Z14316, Staff Report for Swanson Residence ADU CUP Page 11 of 17 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 in this report 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 chapter, the review authority and advisory bodies shall consider the following criteria. 1. Conformance to and consistency with the City’s adopted growth policy The proposed site plan as conditioned is in compliance with this criterion. The Future Land Use designation is “Residential” in the Bozeman Community Plan. This use is permitted as a conditional use within the underlying R-1 zoning district. For more detailed information on the growth policy designation please see Appendix B. The project directly responds to the following principals, and goals and objectives of the Growth Policy: 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.” 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 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 The ADU is proposed above the two-story, two-car garage building. The garage building does not exceed the height of the principal residence structure. A carport parking space is designated for the ADU. Vehicle access to the property is from the rear alley. 342 Z14316, Staff Report for Swanson Residence ADU CUP Page 12 of 17 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The residence is proposed as two bedrooms and requires two parking spaces, while the ADU requires an additional space. One of the two required parking spaces for the residence is provided on the street. The other is provided in the two-car garage. The required dedicated off-street, paved parking space for the ADU is provided under the attached carport. 6. Pedestrian and vehicular ingress and egress The pedestrian entrance for the ADU is provided on the rear (west) elevation. The vehicle access for the ADU is also entirely from the rear alley. 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 Per the standard code provisions, a landscape plan shall be included in the final plan materials. 8. Open space Not applicable. 9. Building location and height The garage building does not exceed the height of the principal residence, as required by zoning code. 10. Setbacks The garage building does abide by all minimum yard setbacks. 11. Lighting Any exterior lighting not shown on the preliminary plan materials that may be proposed later must be full cut-off per the zoning code. 12. Provisions for utilities, including efficient public services and facilities Separate water and sewer lines are provided for the ADU. 343 Z14316, Staff Report for Swanson Residence ADU CUP Page 13 of 17 13. Site surface drainage Not applicable. 14. Loading and unloading areas Not applicable. 15. Grading No significant grading on the property. 16. Signage Not applicable. 17. Screening Any mechanical equipment not shown on the preliminary plan materials that may be proposed later must be screened per the zoning code. 18. Overlay district provisions Not applicable. The site is not located within an overlay district. 19. Other related matters, including relevant comment from affected parties One letter of public comment was received in regards to this project and is further discussed in Appendix C. 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: 344 Z14316, Staff Report for Swanson Residence ADU CUP Page 14 of 17 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 proposed ADU, and the property upon which it is proposed, are abiding by all the specific provisions for ADUs proposed in R-1 zoning, including but not limited to the following: 1) there is at least 6,000 square feet of lot area, 2) the ADU’s living area is under 800 square feet and doesn’t contain more than one bedroom, 3) a paved parking space is provided off-street for the sole use of the ADU, and 4) the second story addition on the detached garage building is compatible and consistent with the character and fabric of the neighborhood. In addition, Staff is including condition of approval no. 2 that includes the requirement that one of the dwelling units on the property at all times must be occupied by the property owner. All conditions of approval will be included in the document that is notarized and recorded at the Gallatin Clerk and Recorder’s office and will therefore, be connected to the property so that all future owners are notified about this requirement. Considering all this information, Staff believes the site is adequate in size and topography to accommodate such a use. 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 has not identified any hazards to the public health and safety and finds that the application generally complies with the Unified Development Code as conditioned. There are adequate parking facilities, circulation, municipal services, and general improvement of the property. Three ADUs currently exist on Foxtail Street and Staff is not aware of any complaints received in regards to those units. Staff believes the proposed ADU will have no material adverse effect upon abutting properties. 345 Z14316, Staff Report for Swanson Residence ADU CUP Page 15 of 17 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; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval and findings within this report. 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 plan process and will be required prior to approval of the final plan. Item a of code provisions applies to this issue. A document to be recorded will be provided by the City following preliminary approval. 346 Z14316, Staff Report for Swanson Residence ADU CUP Page 16 of 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential Single- Household, Low Density District). The intent of the R-1 residential 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.” APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description Property owner Travis Swanson submitted a Conditional Use Permit application to establish an accessory dwelling unit (ADU) above a detached garage building at 3109 Foxtail Street in Phase 2 of the Cattail Creek Subdivision. ADUs are a conditional use in the R-1 Residential Single- Household, Low Density District and require a public hearing. Three ADU’s currently exist on Foxtail Street. See ADU map here. Two (3081 and 3123 Foxtail Street) were approved in 2007. The third (3136 Foxtail Street) was recently approved in 2013. No complaints have been received by the City of Bozeman in regards to the existing ADUs. This is likely due to the fact the lots were planned for ADUs and were built with adequate lot width and lot area, as well as separate water/sewer lines were planned for the additional density. The site in question is currently under construction. A building permit was issued by the City of Bozeman to allow the property owner to begin construction of the single-household residence and the garage building, with the understanding the ADU could only be established following the approval of a Conditional Use Permit. The building permit specific for the ADU will not be issued until final approval of a Conditional Use Permit. 347 Z14316, Staff Report for Swanson Residence ADU CUP Page 17 of 17 At their November 19, 2014 meeting, the Development Review Committee meeting voted unanimously to recommend approval of the conditional use permit application with the conditions and code provisions identified in this report. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on November 23 and 30, 2014. In addition, notice was posted on site on November 21, 2014. One letter of public comment was received in regards to this project. Charlene Knaack at 3124 Fen Way expressed concern about ADUs being permitted in R-1 zoning, the parking congestion that is occurring due to the current construction on the 3109 Foxtail Street property, and the concern of multiple ADU units that have parking access in the alley. Staff made contact with the property owner about the concern of construction materials blocking the alley. With exception to this public comment, the City of Bozeman has not received any complaints about the existing ADUs on Foxtail Street. All ADUs on Foxtail Street have dedicated parking spaces on the properties. Any blocking of the alley that may occur might be affiliated with the principal residences and not just the ADUs. Staff will follow up with Ms. Knaack to discuss her concerns and make sure she is aware of who to call in the City to report if the alley is blocked by cars or construction materials. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owners/Applicants: Travis Swanson, 41 Chestnut Grove Avenue, Bozeman, MT 59718 Report By: Allyson Brekke, Neighborhood Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 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