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17016, Staff Report for the Affordable Housing Lot Size Averaging Text
Amendment
Public Hearing Date: Zoning Commission, February 21, 2017
City Commission, March 6, 2017
Project Description: A text amendment to revise Section 38.08 040 to enable townhomes
subject to the affordable housing provisions of Article 38.43 to average the size of
individual lots to meet the lot area requirements of Section 38.08.040.
Project Location: Applicable in all residential zoning districts.
Recommendation: Approval
Recommended Zoning Commission 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 17016 and move to
recommend approval of the text amendment.
Recommended City Commission 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 17016 and move to approve the
text amendment and direct staff to prepare an implementing ordinance.
Report Date: February 16, 2017
Staff Contact: Chris Saunders, Policy and Planning Manager
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
The review process for the proposed amendment identified concerns regarding lot width.
When lot sizes are reduced, the lot width can also be affected. Lot width affects the ability to
install required public and private utilities. Excessive reduction in lot width can either
prevent or increase the cost of complying with development standards. The draft ordinance
includes an advisory footnote to address this issue. See Appendix B for further discussion.
Project Summary
The City adopted Article 38.43 and various associated standards in other portions of Chapter
38, Unified Development Code, to encourage development of affordable housing. Table
17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page
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38.08.040-1 provides the minimum area allowed for a residential lot. Qualifying affordable
housing lots may be smaller than typical. The non-restricted townhome lot minimum size is
3000 sq. ft. When townhomes are constructed in groups they are allowed to average the total
lot area over the entire group. This enables interior lots to be smaller and outside lots larger
and still meet the standard.
At the time of initial adoption of the smaller size lots for townhomes to comply with 38.43,
the averaging provision was not applied. The requested amendment is to allow townhomes
subject to 38.43, Affordable Housing, to also use the lot averaging approach. The applicant
suggests a single standard provided in a footnote which applies to all townhomes.
Alternatives
1. Approve the text amendment as submitted.
2. Approve the text amendment with staff recommended revisions.
3. Disapprove the text amendment.
4. Direct further revisions and additional consideration of the issue.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 3
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
APPENDIX A - AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 6
APPENDIX B - DETAILED PROJECT BACKGROUND ..................................................... 7
APPENDIX C - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX D – APPLICANT INFORMATION AND REVIEWING STAFF...................... 8
FISCAL EFFECTS ................................................................................................................... 8
ATTACHMENTS ..................................................................................................................... 8
17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page
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SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval with revisions. See attached Ordinance 1971 draft.
The Development Review Committee (DRC) considered the amendment on January 8, 2016.
The DRC identified concerns about the ability of narrow lots to adequately provide for
installation of public and private utilities. Due to the wide range of development
circumstances, e.g. with or without alleys, location of utility services in or out of alleys, etc.,
the DRC found that while not impossible, it would require substantial extra effort by the
developer to safely install utilities as lot sizes decrease. No formal action was made. The City
Engineering Department, City Water and Sewer Department, and Northwestern Energy
recommended that a minimum lot width standard of 30-feet would be adequate to provide
utilities.
The Zoning Commission held a public hearing on this ZMA on February 21, 2017 and will
forward a recommendation to the Commission on the text amendment.
The City Commission will hold a public hearing on the text amendment on March 6, 2017.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. As an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction. The burden of proof that
the application should be approved lies with the applicant.
In considering the following criteria the analysis must show that the amendment
accomplishes criteria A-D. Criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. No direct conflicts were identified with the map or text of the growth policy. Several
items are relevant and are cited below.
Objective C-5.1: Provide street trees in all public rights of way to establish a human scale to
transportation corridors.
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H.1 Objective 1.3 - Promote the provision of a wide variety of housing types in a range of
costs to meet the diverse residential needs of Bozeman residents.
Implementation 4) Ensure that development procedures and requirements are predictable,
clear, timely, and effective while ensuring adequate review of community and environmental
impacts.
16) Review and update regulations as necessary so that clear and effective standards are
provided.
28.a. Review and revise as needed standards to infill development, redevelopment, and
new development to provide clear guidance and mitigation of objective problems.
The five identified items demonstrate that all standards affect a variety of issues. Balancing
and addressing all of them is required. At this time the lot averaging does not directly conflict
with these items. However, as applied, there will be additional caution needed to comply
with all the standards adopted in the municipal code, the primary implementing tool of the
growth policy.
The City is presently undertaking an overall review of its land use development regulations.
Review for compliance with the growth policy and revisions to harmonize standards
addressing many issues will happen. That review may show a need for additional
amendments to harmonize among the many related issues identified during the review of this
application.
B. Secure safety from fire and other dangers.
Neutral. The proposed amendment does not alter standards for provision of water supply for
firefighting, fire separations, or any technical code for building. The DRC did identify a
concern on separation of water and sewer services and provision of private utilities. There is
a national standard for separation between water mains and sewer mains of ten feet. The City
requires this separation between mains, as well as 10-feet of separation between water and
sanitary sewer services and trees or significant landscaping features, to prevent interference
or cross contamination of the potable water system. As individual lot widths and sizes
decrease it becomes more difficult to provide physical separation between utility services.
This can affect both initial installation and maintenance.
The present proposal does not alter lot size minimums but does alter how those minimums
are met. The averaging process may result in very narrow lots. The DRC finds it appropriate
to give warning to developers regarding challenges resulting from reduced sizes. Due to the
public safety ramifications, excessively small lot width may not be able to be approved as
they cannot adequately provide safe utility connections. The determination of whether this is
the case is made during development review.
C. Promote public health, public safety, and general welfare.
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Neutral. As discussed in Criterion B and Appendix B, the DRC has identified concerns
regarding reducing lot size and width. If a minimum lot width of 30-feet is not provided, the
risk to the public health, safety, and general welfare increases. Mitigation measures may be
proposed; such as utility service from an alley. The concerns at this point do not rise to the
level where denial of the application is warranted. Provision of clean potable water and
sanitary collection of contaminated water and transmission to treatment is a very important
public health and safety function of the City. During review of an individual proposal
approval may not be possible if adequate safety of utilities cannot be provided.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Neutral. The amendment does not alter standards or procedures for parks or schools. As
noted above, there can be functional challenges for installation and maintenance of water
sewer, and private utilities as lot sizes shrink.
To increase awareness of these issues and avoid future problems staff recommends an
additional amendment to Table 38.08.040-2 and an associated footnote. This cautionary note
will provide warning to designers of additional complexities due to smaller parcels. The note
does not require any new standard or place a restriction that does not already exist. It does
give example of issues designers will need to address.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment does not alter standards that address this criterion.
F. Effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment does not alter standards that address this criterion.
G. Promotion of compatible urban growth.
Neutral. The proposed amendment does not alter outward growth locations. It does not alter
uses allowed in zoning districts.
H. Character of the district.
Yes. The City previously adopted townhomes as an allowed use in all residential districts.
The proposal does not alter the allowed uses. The minimum lot area per townhome is not
changed. The amendment does allow some additional flexibility in meeting the standard for
minimum lot area. The text restricts the flexibility to averaging of lot size to within a single
townhome cluster.
The definition of a townhouse cluster is:
Sec. 38.42.3130. - Townhouse cluster. A building consisting of three or more
noncommunicating, attached one-household units placed side-by-side and/or back-to-
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back, with no unit located over another, and having a common wall between each two
adjacent dwelling units.
Given the comparatively small degree of difference in individual lot areas that may occur by
averaging within a single cluster the character of the district will be maintained.
I. Peculiar suitability for particular uses.
Neutral. The amendment does not alter allowed uses in individual districts. The amendment
does not change the zoning map.
J. Conserving the value of buildings.
Neutral. The proposed amendment does not alter standards for existing buildings. It does not
change the allowed uses that may affect existing buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendment does not alter the allowed uses within individual zoning
districts or the jurisdictional area.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City has received no protests as of the writing of this report.
APPENDIX A - AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
See Appendix B for discussion.
Adopted Growth Policy Designation:
The proposed amendment will affect all areas designated as Residential on Figure 3-1 of the
Bozeman Community Plan. The amendment will make no change to the Figure 3-1 or to the
description of Residential.
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APPENDIX B - DETAILED PROJECT BACKGROUND
Project Background The City has numerous residential districts and land uses.
Development standards are set for each. The interaction of them all creates a huge number of
possible combinations of circumstances. There is no means to address every combination
individually so the City establishes minimums for each standard and then verifies compliance
during the development review process.
Due to the wide variety of circumstances where development occurs the standard which sets
the maximum development for one parcel can be different than the adjacent parcel. One
standard is lot area required per dwelling. When applied to townhome clusters, compliance
with this standard has allowed averaging across the entire cluster. This means, for example,
that an interior parcel may be smaller than an outside parcel which need a greater setback
from the street on a corner. Overall, the entire cluster meets the minimum area although one
parcel may be smaller.
The City adopted reduced lot size standards for townhomes included with the affordable
housing provisions. The option to average lot area for these townhomes was not included. No
explanation for why this is the case has been found. The application requests that lot
averaging be allowed for all townhomes. Staff is generally supportive of this option.
Many factors influence land development. Provision of public and private utilities is essential
for functional homes. There are various external and City standards and practices to enable
these to be provided safely and be maintained over the life of the home. One of those
standards is minimum lot width. The minimum lot width standard enables designers to know
what may be needed to comply with municipal standards. Lot width interacts with utility
provision, placement of street trees, lot access, parking, home design and other standards.
Inadequate width impedes the ability to comply with these standards. Configuration of the lot
makes a difference in the minimum width needed. If an alley is present then some utilities
can be at the rear effectively widening the lot. Most new development does not include
alleys.
During DRC review of the proposed amendment, concerns on the effect of shrinking lot sizes
and the ability to meet utility standards were raised. If the desired design of the home is
known during the subdivision process that establishes the width of individual lots then ability
to determine compliance with code is possible. If the home design is not known then future
ability to comply is uncertain. This uncertainty slows the review process and may require
expensive changes to design of the subdivision. Additional time and cost is counter to
affordable housing goals of the City.
To enable an early warning of this issue, staff has proposed addition of a footnote to Table
38.08.040-2. This footnote calls attention to the other standards designers should consider
besides lot width. Staff believes this is important but not a final measure. City Engineering
Department, City Water and Sewer Department, and Northwestern Energy recommend a
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minimum lot width requirement of 30-feet. Section 38.24.090.B, BMC requires a minimum
of 25 feet of frontage and provides three alternate means to do so.
The City is presently conducting a large scale review of its land development regulations. As
part of this review, the lot width interaction with other standards will be evaluated. Revised
standards to coordinate all the various sections can be offered. It is necessary for there to be
consistency on the lot width issue across all elements of the municipal code.
During the code review process options for alternative compliance can be established through
the Departures tool. Departures are authorization to show how the intent and function of a
certain standard can be met other than compliance with a fixed value such a lot width. For
example, a Departure may allow a narrower lot when alley access or rear utilities are
provided. This approach provides some flexibility with reasonable certainty for both
subdivision designers and the staff in applying the regulations.
APPENDIX C - NOTICING AND PUBLIC COMMENT
Notice of the public hearings was published in the Bozeman Daily Chronicle on January 29,
2017 and February 12, 2017. Notice for a text amendment does not post on-site or mail to
individual property owners per 38.40, BMC.
No public comments are received as of the writing of this report.
APPENDIX D – APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Human Resource Development Council, 32 South Tracy Avenue, Bozeman MT
59715
Representative: Ground Print, LLC, 1262 Stoneridge Drive, Bozeman MT 59718
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No immediate fiscal effects are identified. There may be eventual effects regarding cost of
maintenance depending on the application of the revised standards. No figure can be estimated at
this time.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Draft Ordinance 1971
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
Affordable Townhouses Zone Text Amendment
Zone Text Amendment (38.08.040-1) to allow affordable townhomes to average lot area
n/a - this text amendment would apply to all residentially zoned properties allowing townhouses
Human Resource Development Council (HRDC) (contact: Heather Grenier)
32 South Tracy Avenue, Bozeman MT 59715
587-4486
hgrenier@hrdc9.org
GroundPrint, LLC (contact: Susan Riggs, AICP)
1262 Stoneridge Drive, Bozeman MT 59718
406-579-5844
sriggs@groundprint.com
n/a - this is a code amendment
n/a - code amendment
The proposed code amendment would apply to all residential zoning districts
n/a - code amendment
n/a - most land zoned Residential is designated "Residential" in the growth policy
See attached narrative which includes proposed language.
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
n/a
n/a
n/a n/a
n/a n/a
n/a - code amendment would apply to a variety of residentially zoned properties
n/a - code amendment would apply to a variety of residentially zoned properties
ZTA
Zone Text Amendment Required Materials ZTA Page 1 of 2 Revision Date 1-05-16
Required Forms: A1 Recommended Forms: Required Forms:
ZONE TEXT AMENDMENT REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is for a text amendment to the Unified Development Code, Chapter 38, BMC only.
Complete and signed development review application form A1
Materials to include all items required in the zone text a mendment checklist below.
2 digital versions of all materials (JPEG or PDF) on separate CD -ROMs or USB drive. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
APPLICATION FEE
Base fee: $1,620
ZONE MAP AMENDMENT CHECKLIST
1. A thorough project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area?
2. If the text change is proposed to Chapter 38, BMC subdivision regulations an addendum to the
project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
a. Will the amendment provide for the orderly development of the jurisdictional area? How?
b. Will the amendment provide for the coordination of roads within subdivided land with other
roads, both existing and planned? How?
c. Will the amendment provide for the dedication of land for roadways and for public utility
easements? How?
d. Will the amendment provide for the improvement of roads? How?
e. Will the amendment provide for adequate open spaces for travel, light, air and recreation? How?
f. Will the amendment provide for adequate transportation, water and drainage? How?
g. Will the amendment provide for the regulation of sanitary facilities? How?
4
4
4
4
Zone Text Amendment Required Materials ZTA Page 2 of 2 Revision Date 1-05-16
Required Forms: A1 Recommended Forms: Required Forms:
h. Will the amendment provide for the avoidance or minimization of congestion? How?
i. Will the amendment provide for the avoidance of subdivision which would involve unnecessary
environmental degradation and the avoidance of danger of injury to health, safety or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other public
services or would necessitate an excessive expenditure of public funds for the supply of such
services? How?
3. Provide language to be removed from the Unified Development Code in strikeout format on the
original pages if proposed, Provide new text and location to be inserted into the Unified Development
Code.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Affordable Townhouses Zone Text Amendment
Summary
This Zone Text Amendment (ZTA) proposes to change a section of the Residential Chapter of the Unified
Development Code related to how lot areas are calculated for affordable townhouses. It would permit
affordable townhouse lots the same flexibility that is currently given to market lots in allowing the
minimum lot area per dwelling to be averaged. Specifically, the proposed change would apply to Table
38.08.040-1 “Lot Area Table” by adding Footnote 2 to Row 8 and clarifying the text from: “For
townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000
square feet” to “For townhouse lots the minimum lot area per dwelling may be averaged.”
The applicant, HRDC (Human Resource Development Council) is a non-profit community action agency
dedicated to strengthening community and advancing the quality of people’s lives. HRDC’s housing
programs work to ensure that every member of the community can afford to have and afford a place to
call home. The need for this code change became apparent earlier this winter during the schematic
design phase for one of HRDC’s affordable subdivision projects.
ZTA Checklist Responses
1. A thorough project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
Yes. The proposed text amendment would simply allow affordable lots the same
flexibility to average areas that is currently allowed for market rate lots. The growth
policy supports this ZTA as evidenced by the following goals and objectives:
· Goal H-3– Encourage an adequate supply of affordable housing and land for
affordable housing (Page 6-4).
· Objective 3.1 – Encourage the provision of affordable housing (Page 6-4).
· Objective 3.3. – Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman
residents (Page 6-4).
Other supplemental documents, including the Affordable Housing Action Plan and the
Affordable Housing Manual, also stress the need to allow all residents to have access
to decent and affordable housing AND to retain and attract employment
opportunities: “Availability of housing for residents of all income levels is essential for
attracting and retaining the employers that provide the jobs that are essential to the
community’s prosperity” (City of Bozeman Affordable Housing Action Plan, Page 4).
The Action Plan lists several major strategies including increasing the supply of
affordable housing and considering amendments to City regulations including.
· Strategy 2.3 - Allow the creation of smaller lots with more flexible dimensional
standards (Page 11).
b. Will the new zoning secure safety from fire and other dangers? How?
Neutral. The proposed text amendment would have no effects on safety from fire or
other dangers. Note the other requirements of the UDC including setbacks and lot
coverage along with the International Residential Code (IRC) requirements ensure that
this criterion is addressed.
c. Will the new zoning promote public health, public safety and general welfare? How?
Yes. The proposed text amendment will allow more flexibility and incentives for
designing affordable lots which will result in more affordable housing within our City.
More affordable housing options will promote public health, safety and general
welfare. As stated in the growth policy: “Income levels are not keeping up with the
cost of housing in the City, and this is having a serious impact on the quality of life of
many of the City’s residents” (Bozeman Community Plan, Page F-10).
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements? How?
Yes. The proposed text amendment will have a positive effect of transportation,
water, sewerage, schools, parks, or other public requirements. The ability to average
lot area simply allows for more flexibility for more affordable lots – a benefit that is
currently available to market rate lots. Development of more affordable housing in
proximity to services and infrastructure advances many goals and objectives of the
growth policy and supplemental documents.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Neutral. The ability to average areas for affordable lots will not have any effects of the
provision of adequate light and air. Again, other provisions of the UDC (setbacks, lot
coverage, etc.) as well as the IRC (guaranteed through building permit review) all help
to ensure adequate light and air for all citizens.
f. Will the new zoning have an effect on motorized and non-motorized transportation
systems? How?
Neutral. The proposed text amendment will not have any direct effects on
transportation systems and do not change the requirements for street frontage,
construction of sidewalks, or traffic mitigation. Note that, indirectly, more affordable
housing will, in theory, allow more residents to live closer to work. As stated in the
growth policy: “…the transportation impacts of workers commuting into the City from
outlying areas are exasperating traffic conditions” (Bozeman Community Plan, Page F-
16).
g. Does the new zoning promote compatible urban growth? How?
Yes. In subdivision design, having this type of flexibility for townhomes is important
because the end lots with side yard setbacks are often slighter larger than the interior
lots that have shared walls. The proposed amendment would not change the
requirement for basic street grids and road connections, park requirements, or other
standards.
h. Does the new zoning promote the character of the district? How?
Neutral. The proposed changes would not be perceivable to persons experiencing the
character of a district. As stated in the growth policy, “The lack of adequate
affordable housing may have deleterious impacts on the community. The social fabric
of the City can be threatened by a lack of socioeconomic diversity as individuals and
families are displaced outside the City” (Bozeman Community Plan, Page F-16).
i. Does the new zoning address the affected area’s peculiar suitability for particular uses?
How?
Neutral. The proposed zone text amendment would not change any permitted
principal, conditional or accessory uses in the residential zoning districts.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
Neutral. The proposed zone text amendment does not impact the values of any
buildings.
k. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Neutral. Again, the proposed zone text amendment does not impact any existing or
proposed land uses.
2. If the text change is proposed to Chapter 38, BMC subdivision regulations an addendum to the
project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
Repeat question. See response to 1a.
b. Will the new zoning secure safety from fire and other dangers? How?
Repeat question. See response to 1b.
c. Will the new zoning promote public health, public safety and general welfare? How?
Repeat question. See response to 1c.
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements? How?
Repeat question. See response to 1d.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Repeat question. See response to 1e.
f. Will the amendment provide for the orderly development of the jurisdictional area?
How?
Neutral. The ability to average lot areas for affordable townhouse lots will not impact
the orderly development of the City. The proposed amendment would not change the
requirement for basic street grids and road connections, park requirements, or other
standards which help establish an orderly pattern of development.
g. Will the amendment provide for the coordination of roads within subdivided land with
other roads, both existing and planned? How?
Yes. The additional flexibility in overall subdivision design may have a small positive
effect on overall road coordination. This is evidenced in the Hoover Way Subdivision
where allowing lot areas to be averaged eliminated the need for a private road under
a Planned Unit Development (PUD).
h. Will the amendment provide for the dedication of land for roadways and for public
utility easements? How?
Neutral. The proposed text amendment is related to lot areas and will not therefore
have any impacts on road dedications or public utility easements.
i. Will the amendment provide for the improvement of roads? How?
Neutral. The proposed text amendment will not impact roads or road improvements.
j. Will the amendment provide for adequate open spaces for travel, light, air and
recreation? How?
Yes. Changes to allow averaging for townhouse lot areas will still result in adequate
open spaces for travel, light, air and recreation. The proposed text amendment does
not impact setbacks, lot coverage, open space calculations or parkland dedication.
k. Will the amendment provide for adequate transportation, water and drainage? How?
Neutral. The proposed amendment is related to the way lot area is calculated for
multiple attached townhouses and does not impact transportation, water or drainage.
l. Will the amendment provide for the regulation of sanitary facilities? How?
Neutral. The proposed amendment is related to averaging lot areas and does not have
any impact on sanitary facilities.
m. Will the amendment provide for the avoidance or minimization of congestion? How?
Yes. The required average lot area of 2,500 square feet combined with the other
requirements of the UDC for setbacks, lot coverage, open space, parking, household
definition, etc. as well as the requirements in the International Residential Code are,
together, adequate to minimize congestion.
n. Will the amendment provide for the avoidance of subdivision which would involve
unnecessary environmental degradation and the avoidance of danger of injury to
health, safety or welfare by reason of natural hazard or the lack of water, drainage,
access, transportation, or other public services or would necessitate an excessive
expenditure of public funds for the supply of such services? How?
Yes. The proposed zone text amendment does not significantly change any of the basic
standards for land development. The Bozeman Municipal Code (including the
proposed text amendment), combined with building codes, floodplain regulations,
wetland permitting, watercourse setbacks, stormwater control and other layers of
regulations all together address environmental protection and ensure that
subdivisions are adequately (but not excessively) awarded a fair and equitable share
of public funds and services. Allowing lot area averaging for affordable townhouse lots
will not promote subdivisions that require excessive expenditure of any public funds
and services.
3. Provide language to be removed from the Unified Development Code in strikeout format on the
original pages if proposed. Provide new text and location to be inserted into the Unified
Development Code.
See attached document which includes the strikeout format and proposed new text.
Page 2
Townhouses - - 3,000
6
3,000
2
3,000
2
None
9, 10
3,000
2 -
Townhouses (only for dwellings to
satisfy minimum requirements of
chapter 38, article 43) 7
2,500 2,500 2,500 2,500 2,500 None
9, 10 2,500 2,500
Apartments - first dwelling - - - - 5,000 None
10 5,000 -
Apartments - each dwelling after the
first - - - - 1,200 None
10 1,200 -
Apartments - each dwelling after the
first (only for dwellings to satisfy
minimum requirements of chapter
38, article 43) 7
- - - - 900 None
10 900 -
Additional area required for an
accessory dwelling unit 3 1,000 4 1,000 1,000
5
1,000
5
1,000
5
None
10
1,000
5 -
All other uses 5,000 1 5,000
1
5,000
1
5,000
1
5,000
1
None
10
5,000
1
5,000
1
Notes:
1 In order to comply with the standards contained in this chapter, lot area in excess of the required
minimum may be needed; for example for corner lots, parking, landscaping or large residential
structures, and may be necessary for property adjacent to watercourses, ridgelines, or other
environmental features in order to provide an appropriate buildable area on the lot.
2 For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be
3,000 square feet.
3 As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter.
4 Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.22.030.
6 Per townhouse lot.
7 May only be utilized in developments subject to chapter 38, article 43.
2 2 2 2
For townhouse lots, the minimum lot area per dwelling may be averaged.
222
Page 3
8 A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060,
Mix and Price of Dwelling Units
9 Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the affordable
housing provisions of article 43 of this chapter.
10 Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted
uses and conform to applicable design and density standards.
B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a lack
of development constraints. All lots must conform to development standards for provision of public and
private utilities.
Table 38.08.040-2
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household
dwelling
See
subsection C
of this
section
50/40
2
50/40
2 50/40 2 50/40 2 35/25 2 50/40 2 50/40
2
Single-household
dwelling (only for
dwellings to satisfy
requirements of
chapter 10, article 8)
See
subsection C
of this
section
30 30 30 30 30 30 30
Two household
dwelling - - 60/50
2 60/50 2 50/50 2 50/40 2 50/50 2 -
Accessory dwelling unit
1 50 50/40
2
60/50
2 60/50 2 60/50 2 None 3 60/50 2 -
Dwellings in three- or
four-household
dwelling configurations
- - - 60 60 None 3 60 -
Page 1 of 7
ORDINANCE NO. 1971
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO AMEND SECTION 38.08.040.A OF THE MUNICIPAL CODE TO
ALLOW AVERAGING OF LOT SIZES FOR TOWNHOUSES IN RESIDENTIAL
ZONING DISTRICTS
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to promote public health, safety and welfare and otherwise execute the purposes of
Section 76-1-102, MCA; and
WHEREAS, The City is authorized by the City Charter and Montana law to adopt zoning
regulations and provide for the enforcement and administration of zoning regulations and
otherwise reasonably provide for the intentions of Section 76-2-304, MCA; and
WHEREAS, The City has had land development regulations since at least 1934 and has
amended them from time to time to respond to changes in state law, legal decisions, and changing
community needs;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The city relies upon the standards and definitions within chapter 38 to enable the
development of the city in a manner that avoids conflicts, enables public notice of and
comment on development that may affect residents and landowners, and provide
predictability in government actions.
2. The city supports development of affordable housing, and has adopted specific standards
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 2 of 7
to encourage its construction.
3. Lot size averaging enable greater latitude in subdivision design while preserving the
fundamental design characteristics needed to protect public health, safety, and welfare.
4. Lot size averaging for townhouses is allowed in some zoning districts and no problems
from its use have been documented.
Section 2
The Bozeman Municipal Code is amended by revising 38.08.040 to read as follows:
Sec. 38.08.040. - Lot area and width.
A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumulative.
These minimums assume a lack of development constraints. Each lot must have a usable lot
area of at least 50 percent of the total minimum lot area. Lots less than 3,000 square feet or 25
feet wide may limit their ability to comply with other required standards of the municipal
code.
Table 38.08.040-1
Lot Area Table
Minimum Lot Area in Square Feet 1
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household dwelling
See
subsection C
of this
section
5,000
1
5,000
1
5,000
1
5,000
1
3,000
1, 9
5,000
1
5,000
1
Single-household dwelling
(only for dwellings to satisfy
minimum requirements of
chapter 38, article 43) 7
2,700 8 2,700
8
2,700
8
2,700
8
2,700
8
2,700
8
2,700
8
2,700
8
Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 -
Two-household dwelling (only
for dwellings to satisfy
minimum requirements of
chapter 38, article 43) 7
- - 2,500 2,500 2,500 2,500 2,500 -
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 3 of 7
Lot area per dwelling in three-
or four-household dwelling
configurations
- - - 3,000 3,000 None
10 3,000 -
Lot area per dwelling in three-
or four-household dwelling
configurations (only for
dwellings to satisfy minimum
requirements of chapter 38,
article 43) 7
- - - 2,500 2,500 None
10 2,500 -
Townhouses - - 3,000
6
3,000
2
3,000
2
None
9, 10
3,000
2 -
Townhouses (only for
dwellings to satisfy minimum
requirements of chapter 38,
article 43) 7
2,500 2 2,500
2
2,500
2
2,500
2
2,500
2
None
9, 10
2,500
2
2,500
2
Apartments - first dwelling - - - - 5,000 None
10 5,000 -
Apartments - each dwelling
after the first - - - - 1,200 None
10 1,200 -
Apartments - each dwelling
after the first (only for
dwellings to satisfy minimum
requirements of chapter 38,
article 43) 7
- - - - 900 None
10 900 -
Additional area required for an
accessory dwelling unit 3 1,000 4 1,000 1,000
5
1,000
5
1,000
5
None
10
1,000
5 -
All other uses 5,000 1 5,000
1
5,000
1
5,000
1
5,000
1
None
10
5,000
1
5,000
1
Notes:
1 In order to comply with the standards contained in this chapter, lot area in excess of the
required minimum may be needed; for example for corner lots, parking, landscaping or large
residential structures, and may be necessary for property adjacent to watercourses,
ridgelines, or other environmental features in order to provide an appropriate buildable area
on the lot.
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 4 of 7
2 For townhouse clusters the minimum average lot area per dwelling may be averaged within the
townhouse cluster in an individual structure shall be 3,000 square feet.
3 As defined in article 42 of this chapter and subject to the requirements of article 22 of this
chapter.
4 Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to
the principal use. Dwellings to be developed under this option are subject to section
38.22.030.
6 Per townhouse lot.
7 May only be utilized in developments subject to chapter 38, article 43.
8 A larger lot size may be required to comply with the requirements of section 10.08.060, Table
10.08.060, Mix and Price of Dwelling Units
9 Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the
affordable housing provisions of article 43 of this chapter.
10 Lot sizes may be variable provided they are sized and shaped sufficient to accommodate
permitted uses and conform to applicable design and density standards.
B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums
assume a lack of development constraints. All lots must conform to development standards
for provision of public and private utilities.
Table 38.08.040-2
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household
dwelling
See
subsection
C of this
section
50/40
2
50/40
2 50/40 2 50/40 2 35/25 2,
4 50/40 2 50/40
2
Single-household
dwelling (only for
dwellings to satisfy
requirements of
chapter 10, article 8)
See
subsection
C of this
section
30 30 30 30 30 30 30
Two household
dwelling - - 60/50
2 60/50 2 50/50 2 50/40 2 50/50 2 -
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 5 of 7
Accessory dwelling
unit 1 50 50/40
2
60/50
2 60/50 2 60/50 2 None 3 60/50 2 -
Dwellings in three-
or four-household
dwelling
configurations
- - - 60 60 None 3, 4 60 -
Townhouses 30 30 30
Width
of
interior
units 4
Width
of
interior
units 4
Width
of
interior
units 4
Width
of
interior
units 4
-
All other uses
See
subsection
C of this
section
50 50 50 50 None 3, 4 50 50
Notes:
1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to
the principal use. Dwellings to be developed under this option are subject to 38.22.030.
2 When the lot is adjacent to an alley and vehicle access is taken only from that alley.
3 Lot widths may be variable provided they are sized and shaped sufficient to accommodate
permitted uses and conform to applicable design and density standards.
4 Lot width is subject to 38.24.090. Lot widths of 25 feet or less may jeopardize compliance with
standards for legal and physical access, street trees, on-street parking, garage design, drive
access width and placement, and utilities. Home design and size will be restricted as a result.
Mitigation measures may be required for placement and separation of public and private
utilities.
C. Lot area and width for R-S residential suburban lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in article 20 of this chapter and in compliance with the
adopted city growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall
be considered nonconforming lots if less than one acre in area and/or 100 feet in width
and subject to article 35 of this chapter. Existing lots in the R-S district utilizing a
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 6 of 7
community water and/or sewer system shall be considered nonconforming lots if less than
one-half acre in area and/or 100 feet in width and subject to article 32 of this chapter.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in section 38.20.090.E.2.b(6).
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 2.
Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment
Page 7 of 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of March 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2017. The effective date of this ordinance is __________, __, 2017.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney