County Special Review 336 – Whitetail Ln - ADU – A special review request to allow an Accessory Dwelling Unit in a Rural Residential 1 (RR1) zone district, on Tract 2-A-1 of Amended Tract 2-A of Amended Tract 2 of Certificate of Survey 2273M located in the northwest one-quarter of Section 25, Township 1 south, Range 25 east, Principal Meridian Montana, Yellowstone County, Montana, a 2-acre parcel of land. Tax ID: D00883B

 

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the 'Summary' section of this memo.
 

OWNERS: Michael M. Botz and Bernadette J. Botz
AGENT: N/A
LEGAL DESCRIPTION: Tract 2-A-1 of Amended Tract 2-A of Amended Tract 2 of Certificate of Survey No. 2273M located in the northwest one-quarter of  Section 25, Township 01 south, Range 25 east Principal Meridian Montana, Yellowstone County, Montana.
ADDRESS: Not assigned
CURRENT ZONING: RR1 - Rural Residential 1
EXISTING LAND USE: Agriculture
PROPOSED USE: Residential with an Accessory Dwelling Unit (ADU)
SIZE OF PARCEL: 2 Acres

See attachments.

NORTH:	Zoning: RR3 Land Use: Vacant
SOUTH:	Zoning: RR1 Land Use: Residential
EAST:	Zoning: RR3 Land Use: Vacant
WEST:	Zoning: A Land Use: Residential and Agriculture

This is a special review request to allow an Accessory Dwelling Unit (ADU) in a Rural Residential 1 (RR1) zone district. The pre-application neighborhood meeting was held at The Windmill & Bar 51 (3429 N Transtech Way) Wednesday, July 24, 2024 at 6:00 pm. Seven members of the public attended the meeting. Concerns were brought up about who is allowed to live within the accessory dwelling unit (ADU). The property owner let them know that it is required that the owner occupies the primary structure as their principal residence. Another concern was brought up about the coordination on the location of the new road so the neighbors parking and turnaround spot at the end of the lane is not eliminated. The owner agreed to coordinate with the neighbor to ensure these are maintained. Whitetail Lane is a private road and maintained by the owners using the road. All use of the property and road are still subject to recorded easements, covenants, conditions, and restrictions. 

In the previous zoning code, the property was zoned Agriculture - Open Space. This zoning allowed for more principal use as long as the property could still meet the area requirements as though it was a single lot. For example, if you had a lot zoned Agriculture Suburban (1 acre minimum), and you had a lot that was 3 acres, you could build - without any special zoning approval - a second dwelling (principal building). During Project ReCode the allowance of accessory dwelling units with special review was partially based on the previous code and the unknowns of ADUs in the county. 

 

The Applicants are requesting special review for an accessory dwelling unit to be constructed on the property. The parcel is 2.0 acres. The main residential home is proposed to be approximately 4,867sqft. The pole barn is proposed to be approximately 1,725 sqft. The accessory dwelling unit is proposed to be 1,798sqft. The property is zoned Rural Residential 1 (RR1). RR1 allows for one principal structure and up to three accessory buildings, with a 25% maximum building coverage.  RR1 requires a rear setback of 25 feet from the property line.

The accessory dwelling unit (ADU) on the submitted site plan exceeds the maximum allowable size for an ADU in the zoning code. Per Section 27-1009.G.4.C. "On lots greater than 20,000 square feet the maximum gross floor area of a detached accessory dwelling unit shall not be more than 80 percent of the gross floor area of the principal dwelling unit or 1,000 square feet, whichever is less." The site plans also shows the main house within 12 feet of the rear setback and accessory dwelling unit within 18 feet of the rear setback. Per Section 27-1622.D.9. "The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission."  The zoning code allows for special review of the ADU and variance from code requirements. Staff is recommending conditional approval of the accessory dwelling unit and a variance from rear setback requirements for the principal structure and accessory dwelling unit.  


DECISION CRITERIA
The Zoning Commission shall only recommend approval or conditional approval and the County Commission shall only approve or conditionally approve a special review request if:
1. The special review use is consistent with the County’s growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:
(a) Regulation of the use;
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.
7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission.

Each Decision Criteria must be given due consideration and a finding is proposed for each one. Planning staff is including a set of recommended conditions of approval based on the submitted site plan, applicant letter, and findings of the criteria. A significant change from the previous zoning code is a special review use must not be considered an "allowed" use in the zone district. The proof of compatibility now rests with the applicant instead of the Zoning Commission and County Commissioners to prove non-compatibility.

PROPOSED FINDINGS:
1. The special review use is consistent with the County's growth policy and applicable neighborhood plans, if any.
There are guidelines in the Growth Policy that include bringing in more diverse housing choices into existing neighborhoods. The Growth Policy Guidelines supports the proposed use by providing more housing choices in the neighborhood.

GOAL: More housing and business choices within each neighborhood.
GOAL: Adequate affordable housing and living wage options for all citizens. 

Approval of this special review and associated setback variances are consistent with the Growth Policy goal to bring more housing choices within the neighborhood.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
The construction of the accessory dwelling unit (ADU) will not be detrimental to or endanger the surrounding area.  The ADU has been approved by DEQ and will be equipped with proper sanitation facilities.  Additionally, the ADU is likely to create minimal additional traffic for the area and will not burden the local roadways. While the ADU and principal building are within the rear setback, all other setbacks will be met. Approval of the special review and associated variances will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.  

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The site offers ample space for constructing a primary residence, an accessory dwelling unit (ADU), and a workshop. The property is two acres (87,120 square feet), the RR1 zoning regulations allow for a maximum building coverage of 25%, which translates to 21,780 square feet for this lot. The proposed structures total 8,460 square feet, well below the maximum building coverage. The 2.0 acre property will have enough space to meet parking and landscaping requirements. 

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
This location has been used for agriculture for many years. However, this type of development is not out of character for this area and should not diminish or impair property values in the area. Along Whitetail Lane, there are already multiple residences. Approval of this special review and rear setback variances will not be injurious to the use or enjoyment for other properties in the immediate vicinity.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Planning staff believes the development of this property to a residential property will not impede the normal and orderly development in the area.  Along Whitetail Lane, there are various surrounding lots that have residential and accessory structures. These including the neighbors to the west, southwest, and south.

6. Conditions necessary to protect the public health, safety, and general welfare can be established. Staff recommends the following conditions of approval based on the above findings
1. This special review approval is for the proposed Accessory Dwelling Unit (ADU) and rear setback for the ADU and principal structure located S25, T01 S, R25 E, C.O.S. 2273, PARCEL 2A1, generally located at Whitetail Lane. 
2. The site construction shall be in substantial compliance with the submitted site plans and architectural drawings as prepared and attached to these conditions of approval.
3. There will be no construction activity, including staging of operating equipment producing noise, prior to 7:00 am or after 8:00 pm daily.
4. The property is subject to all recorded easements, covenants, conditions and restrictions.
5. The property shall have approval of water, sanitation, and stormwater facilities per Department of Environmental Quality (DEQ) requirements. 
6. The property owner shall live in the either the principal or accessory dwelling unit for at least 6 months of the year. No third party rentals shall occur in the owner occupied unit. The property owner shall record a deed restriction with the Yellowstone County Clerk and Recorder showing owner occupancy of the property. Evidence of the deed shall be provided to the Planning and Community Services Department. 
7. These conditions run with the land use and are binding upon and must be adhered to by the property owner/ lessee and any successors, transferees or assigns, with the exception of these conditions.
8. Evidence of these conditions of approval shall be filed with the Yellowstone County Clerk and Recorder within 30 days of the approval of the Accessory Dwelling Unit. Evidence of such filing shall be submitted to the Planning and Community Services Department. 

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
The applicant has provided DEQ approval for the plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any). The property is accessed via private road, Whitetail Lane. 

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Concerns about ingress and egress to alleviate traffic congestion have not been explicitly addressed.  However, adding an ADU on the property is expected to have a minimal impact on traffic flow and volume. The property is accessed via private road, Whitetail Lane. The property is subject to all recorded easements, covenants, conditions and restrictions. 

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the BOCC.
Planning staff has identified and recommended approval of variance from the rear setback requirement for the accessory dwelling unit and principal structure. The recommended condition of approval requires the site plan to be in substantial compliance with what is submitted. 

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the summary section of this memo.

1. This special review approval is for the proposed Accessory Dwelling Unit (ADU) and rear setback for the ADU and principal structure located S25, T01 S, R25 E, C.O.S. 2273, PARCEL 2A1, generally located at Whitetail Lane.
 2. The site construction shall be in substantial compliance with the submitted site plans and architectural drawings as prepared and attached to these conditions of approval.
3. There will be no construction activity, including staging of operating equipment producing noise, prior to 7:00 am or after 8:00 pm daily.
4. The property is subject to all recorded easements, covenants, conditions and restrictions.
5. The property shall have approval of water, sanitation, and stormwater facilities per Department of Environmental Quality (DEQ) requirements. 
6. The property owner shall live in either the principal or accessory dwelling unit for at least 6 months of the year. No third party rentals shall occur in the owner occupied unit.  The property owner shall record a deed restriction with the Yellowstone County Clerk and Recorder showing owner occupancy of the property. Evidence of the deed shall be provided to the Planning and Community Services Department. 
7. These conditions run with the land use and are binding upon and must be adhered to by the property owner/ lessee and any successors, transferees or assigns, with the exception of these conditions.
8. Evidence of these conditions of approval shall be filed with the Yellowstone County Clerk and Recorder within 30 days of the approval of the Accessory Dwelling Unit. Evidence of such filing shall be submitted to the Planning and Community Services Department.