HomeMy WebLinkAbout03-20-17 City Commission Packet Materials - C17. Ordinance 1971 Final, Affordable Housing Lot Size1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 1971, Affordable Housing Lot Size Averaging Text
Amendment amending Section 38.08.040 of the Bozeman Municipal Code.
Application 17016. MEETING DATE: March 20, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission adopt Ordinance 1971, revisions Section
38.08.040 to allow lot size averaging for all townhouse clusters and adding an advisory note regarding
lot width.
BACKGROUND: An application was made to apply the same lot averaging approach for both market
rate and townhomes subject to Article 38.43. Staff and the Zoning Commission recommended approval. On March 6, 2017 the City Commission conducted a public hearing and provisionally adopted
Ordinance 1971. The final draft of the ordinance has been prepared. No changes to the body of the
ordinance were made.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adopt Ordinance 1971 as presented and recommended.
2) Determine that the prior decision to zone was in error and do not adopt the
ordinance.
FISCAL EFFECTS: None
Attachment: Ordinance 1971
Report compiled on March 7, 2017
Commission Memorandum
297
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 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
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Ordinance 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
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 -
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Ordinance 1971, Townhome Lot Area Averaging Text Amendment
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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
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.
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Ordinance 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 -
Accessory dwelling
unit 1 50 50/40
2
60/50
2 60/50 2 60/50 2 None 3 60/50 2 -
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Ordinance 1971, Townhome Lot Area Averaging Text Amendment
Page 5 of 7
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
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).
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Ordinance 1971, Townhome Lot Area Averaging Text Amendment
Page 6 of 7
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.
Effective Date.
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Ordinance 1971, Townhome Lot Area Averaging Text Amendment
Page 7 of 7
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 20th of
March 2017. The effective date of this ordinance is April 22, 2017.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
304