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HomeMy WebLinkAbout03-06-17 City Commission Packet Materials - A2. Ordinance 1971 Provisional, Affordable Housing Lot SizePage 1 of 9 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 and to add an advisory footnote regarding lot width. 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 provisionally adopt Ordinance 1971. 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 During the review process for the proposed amendment concerns regarding lot width were identified. 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. 155 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 2 of 9 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 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. Zoning Commission The Zoning Commission voted unanimously to recommend approval of Ordinance 1971 at their public hearing on February 21, 2017. There was a recording glitch with the AV capture system. Minutes are being prepared and staff is working to get the video uploaded to http://www.bozeman.net/Video. The Zoning Commission discussed the ramifications of the amendment, and how subdivision design was affected by the lot width issue. Staff described the complexities of site and subdivision layout and how many different combinations of lot size, utility locations, and other factors influence when lot width may become a limiting factor. The Zoning Commission determined that additional discussion on the matter is appropriate at a future date. They noted that there are successful examples of narrow lots/homes to consider as examples. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 156 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 3 of 9 Alternatives ......................................................................................................................... 2 Zoning Commission ............................................................................................................ 2 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3 SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 4 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 4 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6 APPENDIX A - AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 7 APPENDIX B - DETAILED PROJECT BACKGROUND ..................................................... 7 APPENDIX C - NOTICING AND PUBLIC COMMENT ...................................................... 9 APPENDIX D – APPLICANT INFORMATION AND REVIEWING STAFF...................... 9 FISCAL EFFECTS ................................................................................................................... 9 ATTACHMENTS ..................................................................................................................... 9 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. It recommends approval of Ordinance 1971. 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. 157 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 4 of 9 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. 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. 158 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 5 of 9 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. 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. 159 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 6 of 9 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- 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. 160 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 7 of 9 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. 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 but only for townhome clusters. A townhome cluster is a group of three or more townhomes. The applicant has agreed to staff’s suggestion. 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 161 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 8 of 9 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. For example, if an alley is present then some utilities could be at the rear effectively reducing conflicts with development standards similar to how a greater lot width might function. 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 minimum lot width requirement of 30-feet. They expressed that a 30 foot width is known to be adequate for provision of utilities. The existing Section 38.24.090.B, BMC requires a minimum of 25 feet of lot frontage and provides three alternate means to meet the requirement. The lack of consistency between the recommendation of 30 feet and the existing minimum of 25 feet shows a need for further consideration of the issue. This need for consideration does not limit the ability to go forward with the present amendment. 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 could potentially be established through the Departures tool. Departures a new technique to be added to the zoning standards. 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. No proposed language for Departures related to lot width has been developed at this time. 162 17016, Staff Report for the Affordable Housing Lot Size Averaging Text Amendment Page 9 of 9 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 had been received as of the writing of this report. No public comments were received at the Zoning Commission public hearing. 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 163 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 164 Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment Page 2 of 7 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 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 Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment Page 3 of 7 minimum requirements of chapter 38, article 43) 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 Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment Page 4 of 7 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 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 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 Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment Page 6 of 7 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. 169 Ordinance No. 1971 Townhome Lot Area Averaging Text Amendment Page 7 of 7 This Ordinance shall be codified as indicated in Section 2. 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 170 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. 171 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 172 173 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 amendment 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? ✔ ✔ ✔ ✔ 174 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 175 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). 176 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). 177 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. 178 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 179 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. 180 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 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 - 182 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. 2 2 2 181 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 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. 168 60/50 2 50/50 2 50/40 2 50/50 2 - 167 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, 166 Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 - Two-household dwelling (only for dwellings to satisfy - - 2,500 2,500 2,500 2,500 2,500 - 165