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HomeMy WebLinkAbout07-10-17 City Commission Packet Materials - A1. HRDC's Beall Street Minor Sub Preliminary Plat17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 1 of 20 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Public Hearing Date: City Commission on July 10, 2017 at 6:00 pm. Project Description: A preliminary plat application proposing a subsequent minor subdivision of an existing 0.127-acre tract of record to create two lots located at 214 North 24th Avenue. The application includes requests for incentives and reductions allowed through the provisions of the Unified Development Code Article 43, Affordable Housing. Project Location: The subject property is located at the intersection of North 24th Avenue and West Beall Street and is legally described as Lot 9, Block 3, West Babcock Subdivision, situated in the NE ¼ Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Recommendation: Approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Application 17246 and move to approve HRDC’s Beall Street Minor Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: June 21, 2017 Staff Contact: Mitch WerBell, Associate Planner Agenda Item Type: Action (Quasi-Judicial) EXECUTIVE SUMMARY Unresolved Issues None at this time. Project Summary The City of Bozeman Department of Community Development received a preliminary plat application on May 17, 2017, requesting a subsequent minor subdivision from a 0.127-acre tract of record to create two lots for affordable housing development. At its June 14, 2017 meeting, the Development Review Committee (DRC) voted unanimously to recommend approval of the application with the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. State law requires a public hearing before a City Commission decision. 124 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 2 of 20 If the City Commission approves this preliminary plat, the Director of Community Development must approve the accompanying affordable housing plan prior to final plat approval, as this subdivision relies upon affordable housing relaxations to lot area and width. The recommended conditions of approval establish requirements for recordation of the affordable housing plan. Staff did not receive any written public comment on the application as of the writing of this report. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by September 8, 2017. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 125 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 3 of 20 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 –MAPS AND EXHIBITS .......................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8 SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 10 SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 Preliminary Plat Supplements ........................................................................................... 14 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 20 126 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 4 of 20 SECTION 1 –MAPS AND EXHIBITS Exhibit 1 – Zoning 127 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 5 of 20 Exhibit 2 – Plat 128 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 6 of 20 Exhibit 3 – Concept plan 129 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 7 of 20 Exhibit 4 – Aerial view 130 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 8 of 20 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. The subdivider requests relaxations for minimum lot area and lot width in accordance with the Article 43, Affordable Housing provisions. Additionally, the subdivider applied for several incentives available through Article 43. These incentives include concurrent construction of housing and infrastructure, expedited building permit review, impact fee subsidy, and down payment assistance. The impact fee subsidy and down payment assistance may only be granted for the future unit proposed for sale as a lower-priced home, based on 70% Area Median Income (AMI). The Community Affordable Housing Advisory Board (CAHAB) recommended approval of the financial incentive requests on June 14, 2017. This project may still be approved in the event the City Commission does not appropriate Affordable Housing funds through a budget amendment. The financial incentive requests and review are separate from the subdivision plat review. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. 3. The affordable housing plan obligating the subdivider to meet the requirements of Article 43 of the Unified Development Code must be approved by the Director of Community Development prior to final plat approval and recorded with the Gallatin County Clerk and Recorder’s Office. 4. The affordable housing plan and document number must be referenced on the final plat conditions of approval sheet. 5. The final plat must provide a notation and description to eliminate the existing West Babcock Subdivision plat note that restricts access to West Beall Street from Lot 9, Block 3. The final plat notation must reference West Babcock Subdivision Plat J-189 and document number 29068. SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. Section 38.030.060.A provides the final plat submittal requirements. 131 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 9 of 20 The applicant must submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. B. Section 38.06.020, requires signature blocks under all plat certificates. The final plat must include a signature block under the Certificate of Consent. C. Section 38.08.040, sets minimum lot area and minimum lot width in residential zoning districts, with allowable reductions for lots conforming to Article 43, Affordable Housing. The application requests reductions for minimum lot area and width pursuant to the provisions of this section. Accordingly, the affordable housing plan must be approved to grant these reductions as part of the allowable affordable housing incentives. The affordable housing plan must be approved prior to final plat approval. The applicant is advised that if the affordable housing plan is not approved, the final plat may not be approved. D. Section 38.23.060, requires the provision of public and/or private easements for private and public utilities, drainage, vehicular or pedestrian access, etc. The final plat must provide all necessary utility easements, which must be described, dimensioned, and shown on the final plat in their true and correct location. The final plat must reference the recorded document used to vacate the existing 10-foot side lot utility easement. That document does not specifically release interest in the existing rear yard (east) easement. The subdivider must provide written confirmation from all utility companies to the Planning Division that the rear yard easement is not necessary prior to final plat approval. E. Sections 38.27.020.B and 38.27.020.C, discuss exemptions to required park land dedication requirements and future requirements upon further development. The conditions of approval sheet must include an updated parkland tracking table for the West Babcock Subdivision. F. Section 38.27.080.A, requires subdividers to improve parks to minimum standards in accordance with the citywide park plan and any approved park master plan prior to final plat. The subdivider must confirm that the required park improvements are installed for the West Babcock Subdivision prior to final plat. G. Section 38.39.030.B.1, states that all subdivision improvements, including parks, shall be constructed and completed as approved by the city. The water and sewer services to Lot 9B must be constructed or financially guaranteed prior to final plat approval. 132 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 10 of 20 H. Section 38.43.100.a, requires affordable housing plans to be incorporated by reference in the recorded subdivision plat, when approved by the city. The affordable housing plan must be referenced on conditions of approval sheet of the final plat. SECTION 5 – DRC ADVISORY COMMENTS I. All notes, restrictions, and conditions of approval must be relocated from the plat and transferred to the final plat conditions of approval sheet. II. One large canopy street tree is required in the boulevard for each 50-feet of total street frontage. A City of Bozeman planting permit for street trees and utility location is required before any excavation begins in the City of Bozeman right-of-way. The planting hole must be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS Project Name: HRDC’s Beall Street Minor Subdivision Preliminary Plat File: 17246 The Development Review Committee (DRC) reviewed the proposed minor subdivision preliminary plat application on June 14, 2017 and determined the application submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. As a result, the DRC found that the application, with the recommended conditions of approval and required plat corrections, will comply with the adopted growth policy, the Montana Subdivision and Platting Act, and the Unified Development Code. This subdivision is a second or subsequent minor subdivision from a tract of record but does not require Planning Board review. The City Commission will hold a public hearing and make a decision on the minor subdivision preliminary plat on July 10, 2017. The meeting will begin at 6 p.m. at 121 N. Rouse Avenue. Having reviewed the application against the criteria established for a minor subdivision, Staff recommends conditional approval as submitted. SECTION 7 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 133 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 11 of 20 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act A Professional Engineer registered in the State of Montana prepared the preliminary plat in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act. As noted in recommended Condition of Approval No. 2, the final plat must comply with the Montana Subdivision and Platting Act, the Administrative Rules of Montana, and the Bozeman Municipal Code. Required minor plat corrections include moving all conditions and notes to the conditions of approval sheet of the final plat and providing a signature block under the certificate of consent. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. The final plat must comply with the standards identified and referenced in the Unified Development Code (UDC). Recommended Condition of Approval No. 1 advises the subdivider that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. The proposed lot layout relies upon relaxations offered for compliance with Article 43 of the Bozeman Municipal Code. Staff recommends Conditions of Approval No. 3 and No. 4 to require approval and documentation of an affordable housing plan, which will be a binding agreement. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act Staff properly noticed the Bozeman City Commission public hearing in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on May 17, 2017. Staff deemed the application acceptable for initial review in writing on May 24, 2017. The DRC reviewed the preliminary plat application on June 14, 2017 and determined the submittal contained detailed, supporting information that is sufficient to allow for the continued review of the proposed subdivision. 134 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 12 of 20 Staff scheduled public notice for this application on June 14, 2017 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, June 25, 2017. The project representative posted public notice provided by Staff on the subject property on June 16, 2017. Staff sent public notice to physically contiguous landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on June 16, 2017. As of the writing of this report, Staff has not received any public comment on this application. On June 21, 2017, Staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission, which is scheduled to make a decision on the application at its July 10, 2017 public meeting. The City Commission must make a final decision on a subsequent minor subdivision preliminary plat within 60 working days of the date the application was deemed adequate; or in this case by September 8, 2017. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development Staff and the DRC reviewed the preliminary plat against all applicable regulations and the application appears to comply with the Unified Development Code and all other relevant regulations. This report includes conditions of approval and code provisions requiring plat corrections as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. The subdivision includes two lots reduced in area and width. Section 38.08.040.A provides a 5,000-square foot minimum lot area for single household dwellings in all residential zoning districts. If a plan or plat complies with Chapter 38, Article 43, lot area may be reduced to 2,700-square feet. The subject subdivision proposes lots at 2,743 and 2,794-square feet respectively. Section 38.08.040.B provides minimum lot widths for newly created lots in the city. The minimum lot width for single household dwellings is 50-feet or 40-feet when alley access is available. If a plan or plat complies with Chapter 38, Article 43, lot width may be reduced to 30-feet. The subject subdivision proposes 43 and 45-foot wide lots respectively. The provisions of Article 43 of the Unified Development Code allow the proposed reductions through compliance with the affordable housing regulations and approval of an affordable housing plan. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. As detailed under the Subdivision Review Criteria No. 2 and required by Section 38.23.060, all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. There are existing utility easements shown on the plat, proposed for vacation. Plat Correction D requires documentation from all easement holders releasing interest in the existing easements and approval of the new easement configuration prior to final plat approval. Staff recommends approval of the plat with the easements as depicted. 135 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 13 of 20 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards allowed through the Article 43, Affordable Housing provisions. The plat notes the access for proposed Lot 9A from North 24th Avenue. The plat will formally vacate an existing 30-foot-by-30-foot temporary road easement located on the subject property. The West Babcock Subdivision plat depicted the easement for a temporary turn around until such time West Beall Street was constructed to City standards. West Beall Street is fully constructed and provides legal and physical access for Lot 9B. Engineering staff approved of the easement vacation. The West Babcock Subdivision plat also included a note restricting access from West Beall Street to Lot 9. As this subdivision will create a parcel with sole frontage on West Beall Street, this plat will eliminate the existing plat note. Recommended Condition of Approval No. 5 addresses the elimination of the existing plat note. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subsequent minor subdivision will not significantly affect agriculture. The adopted growth policy and zoning designate the area for residential development. The subject tract is part of an existing residential subdivision. No agricultural uses exist on the property. 2) The effect on Agricultural water user facilities The subsequent minor subdivision will not significantly affect agricultural water user facilities. The adopted growth policy and zoning designate this property for residential development. No irrigation ditches exist on or near the subject property. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way. The subdivider proposes to extend water and sewer services from the mains in North 24th Avenue to the proposed “Lot 9B.” The plat notes a 10’ utility easement along the north of “Lot 9B” and 14’ wide utility easements along the frontages of “Lot 9A.” The Engineering Division reviewed the proposed utility layout. The 14-foot utility easement provides adequate area for the servicing of water, sewer, and dry utilities. Streets – The subsequent minor subdivision will not significantly affect streets. The existing public street network will accommodate this subdivision. The lot layout provides adequate separation for drive accesses from the intersection of North 24th Avenue and West Beall Street. Perimeter public sidewalks are in place. 136 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 14 of 20 Stormwater – The subsequent minor subdivision will not significantly affect stormwater facilities. The existing public stormwater infrastructure was sized and constructed to accommodate drainage from this subdivision. Parkland – The subsequent minor subdivision will not significantly affect parkland. The West Babcock Subdivision provided parkland in excess of the required minimums. Plat Correction F requires the subdivider to provide confirmation that all park improvements are installed in the existing park area. There is adequate parkland credit to accommodate single household development on these proposed lots. Outside of the existing subdivision park, Kirk Park is less than 350-feet away. Additionally, minor subdivisions do not require parkland dedication. 4) The effect on the Natural environment The subsequent minor subdivision will not significantly affect the natural environment. No significant physical or topographical features (e.g., outcroppings, geological formations, steep slopes) exist on the subject property. 5) The effect on Wildlife and wildlife habitat The subsequent minor subdivision will not significantly affect wildlife and/or wildlife habitat. The City reviewed the West Babcock Subdivision for impacts to wildlife and wildlife habitat prior to approval. The subdivision is mostly developed as residential and the subject property is the last remaining undeveloped lot. The property falls within an area identified and zoned for residential development within the municipal limits. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subsequent minor subdivision will not significantly affect public health and safety. The subject property is designated for residential development in the adopted growth policy and is zoned for medium density residential development. Future residential development is subject to review under the Bozeman Municipal Code in effect at the time of application. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety, and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it complies with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on April 12, 2017. With the pre-application plan review application, the subdivider requested waivers from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements. 137 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 15 of 20 The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre- application plan review application for: 1) surface water; 2) floodplains; 3) groundwater; 4) geology-soils-slopes; 5) vegetation; 6) wildlife; 7) historical features; 8) agriculture; 9) agricultural water user facilities; 11) stormwater management; 14) educational facilities; 15) land use; 17) neighborhood center; 18) lighting plan; and 19) miscellaneous. The DRC did not grant waivers for: 10) water and sewer; 13) utilities; 16) parks and recreation facilities; and 20) affordable housing. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water The DRC did not identify any significant impacts to surface water and waived supplemental information. No surface water exists on the subject property. 38.41.060.A.2 Floodplains The DRC did not identify any significant impacts to floodplains and waived supplemental information. No mapped 100-year floodplains affect the subject property. 38.41.060.A.3 Groundwater The DRC did not identify any significant impacts to groundwater and waived supplemental information. United States Geological Survey data indicates nearby groundwater ranging from depths of 12-feet to 6-feet below the surface of the ground. 38.41.060.A.4 Geology, Soils and Slopes The DRC did not identify any significant impacts from geology, soils, and slopes and waived supplemental information. No significant geologic or topographic features exist on the property. 38.41.060.A.5 Vegetation The DRC did not identify any significant impacts to vegetation and waived supplemental information. This subsequent minor subdivision will not significantly affect vegetation. The subdivider provided a Noxious Weed Management Plan identifying mitigation measures for noxious weeds. 38.41.060.A.6 Wildlife The DRC did not identify any significant impacts to wildlife and waived supplemental information. This subsequent minor subdivision will not significantly affect wildlife. The property falls within an urban area developed as residential. No critical wildlife species are known to exist on the property. 38.41.060.A.7 Historical Features The DRC did not identify any significant impacts to historical features and waived supplemental information. No significant cultural, historic, or archaeological features are known to exist on the subject property. 138 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 16 of 20 38.41.060.A.8 Agriculture The DRC did not identify any significant impacts to agriculture and waived supplemental information. The growth policy and municipal zoning designate the subject property for residential development. The subdivision is mostly constructed with residential dwelling units. This is the last vacant parcel. 38.41.060.A.9 Agricultural Water User Facilities The DRC did not identify any significant impacts to agricultural water user facilities and waived supplemental information. No agricultural water user facilities exist on or nearby the subject property. 38.41.060.A.10 Water and Sewer The subdivision requires the extension of water and sewer services from the mains in North 24th Avenue to serve “Lot 9B.” There is adequate capacity in the water supply and downstream sanitary sewer mains to accommodate future residential development. The projected water demands from this subdivision will not exceed the demand threshold to require an additional payment of cash-in-lieu of water rights. 38.41.060.A.11 Stormwater Management The DRC did not identify any significant impacts to stormwater management and waived supplemental information. There are existing public stormwater facilities that adequately capture stormwater from this property. 38.41.060.A.12 Streets, Roads and Alleys The DRC did not identify any significant impacts to streets, roads, and alleys and waived supplemental information. This subdivision does not require any expansion of the municipal street and sidewalk network to accommodate future residential development. Perimeter public sidewalks are in place. 38.41.060.A.13 Utilities This subsequent minor subdivision will not significantly affect utilities. The plat indicates a 10- foot wide utility easement along the street frontage of “Lot 9B.” “Lot 9A” includes a 14-foot wide utility easement along the North 24th Avenue and West Beall Street frontages to accommodate both water and sewer services and dry utilities. The subdivider proposes to vacate the rear and side yard utility easements on the existing lot due to the new lot configuration. One utility provider recorded a letter releasing interest in the existing utility easement on the south side of the property. The letter does not specifically release interest in the east yard utility easement. Plat Correction D requires the provision of all necessary easements, existing and proposed, on the final plat and written verification from all easement holders to accommodate the new configuration and release of existing easements. 139 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 17 of 20 38.41.060.A.14 Educational Facilities The DRC did not identify any significant impacts to educational facilities and waived supplemental information. While future development will provide additional housing units, the school district already serves the neighborhood. The City reviewed educational facilities impacts at the time the underlying subdivision was platted. 38.41.060.A.15 Land Use The DRC did not identify any significant impacts to land use and waived supplemental information. The proposed subdivision complies with the existing zoning designation of R-3 (Residential Medium Density District). Any future residential development will be subject to the R-3 zoning standards in effect at the time of application. 38.41.060.A.16 Parks and Recreation Facilities This subsequent minor subdivision will not significantly affect parks and recreation facilities. The West Babcock Subdivision provided excess parkland, which will accommodate this subdivision. While minor subdivisions do not require parkland dedication, Plat Correction E requires an updated subdivision parkland tracking table on the final plat to document the provided parkland and remaining credits. 38.41.060.A.17 Neighborhood Center Plan The DRC waived supplemental information for a neighborhood center plan.The subdivision is less than 10-acres and does not require a neighborhood center. 38.41.060.A.18 Lighting Plan The DRC did not identify any requirements for a lighting plan and waived supplemental information. Public street lights are already in place. Any building or site lighting will be reviewed through the building permit process. 38.41.060.A.19 Miscellaneous The DRC waived miscellaneous supplemental information. The subdivision will not affect access to any public lands and there are no identified hazards in proximity to the subject property. The landowner previously paid all associated payback area fees. The subdivider worked with the City Engineering Division to establish addresses for the property. 38.41.060.A.20 Affordable Housing The application will comply with the Affordable Housing regulations in Article 38.43, with the recommended conditions of approval and cited plat corrections. The subdivision application proposes reduced lot area and width, which are allowed for compliance with the Article 43 regulations. At the time of the adequacy determination of this subdivision, compliance with Article 43 was not mandatory. However, the proposed future construction of two dwellings on the existing lot is not feasible without subdivision, due to the required minimum lot area per dwelling. The subdivision will allow the construction of two small, affordable homes, if the Director of Community Development approves the accompanying affordable housing plan. 140 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 18 of 20 The affordable housing plan states that the entire subdivision will provide two affordable housing units. One unit will fall into the lower priced home category with a sale price cap based on 70% of the Area Median Income (AMI). The second unit will fall into the moderate priced home category with a sale price cap based on 90% AMI. The affordable housing plan requests incentives outlined in the Article 43, Affordable Housing. Both units are eligible for expedited building permit review. The 70% AMI unit is the only unit eligible for the requested impact fee subsidy, down payment assistance, and simultaneous construction of housing and infrastructure. Staff presented the financial incentive requests to the Community Affordable Housing Advisory Board (CAHAB) on June 14, 2017. Following the Staff presentation and discussions, CAHAB recommended approval of the requests. The City Commission will make the final decision on the financial incentives and associated Affordable Housing Fund budget amendments. The preliminary plat is not contingent upon the requested incentives. Additionally, if the City Commission does not appropriate funds for the financial incentives, the affordable housing plan may still be approved by the Department of Community Development. As this subdivision relies upon relaxations in exchange for conformance with the affordable housing regulations, Staff recommends Conditions of Approval No. 3 and 4 to address approval and recordation requirements. Section 38.43.100.E, requires a condition of approval on any affordable housing subdivision plat to tie the final plat to a recorded affordable housing plan. The approval and recordation of an affordable housing plan is a binding agreement for a subdivision. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 district is “to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.” Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that: “This designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. 141 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 19 of 20 The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description The Department of Community Development reviewed informal renderings and proposed site development concept plans for property located at the intersection of West Beall Street and North 24th Avenue in early 2017. Staff provided summary comments to the Human Resource Development Council, the landowner and subdivider. On April 6, 2017, the Department of Community Development received a minor subdivision pre-application plan. Staff reviewed the proposal and scheduled a Development Review Committee meeting for April 12, 2017. The DRC reviewed the application and granted waivers to most supplementary materials, with the exception of utilities, water and sewer, affordable housing, and parks and recreation. Staff held several discussions with the project representative and a preliminary plat application was received on May 17, 2017. The DRC reviewed the proposed HRDC Beall Street Minor Subdivision on June 14, 2017. The DRC determined the submittal contained detailed, supporting information sufficient to allow for the continued review of the proposed subdivision on June 14, 2017. The application proposes a two lot affordable housing subdivision with relaxations for minimum lot area and width. Final plat approval is contingent upon approval and recordation of the affordable housing plan. The application also requests several incentives, which are allowed through compliance with the Article 43, Affordable Housing regulations. The Community Affordable Housing Advisory Board recommended approval of the requested financial incentives, which include a $5,150 impact fee subsidy and down payment assistance not to exceed $10,000. At the time of the DRC determination of project adequacy, the Affordable Housing ordinance was not a mandatory program. On June 21, 2017, Staff completed this minor subdivision preliminary plat application staff report. Staff forwarded the report with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission, which is scheduled to make a decision at its July 10, 2017 public hearing. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; or in this case by September 8, 2017. 142 17246, Staff Report for HRDC’s Beall Street Minor Subdivision Preliminary Plat Page 20 of 20 APPENDIX C – NOTICING AND PUBLIC COMMENT In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on June 14, 2017 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, June 25, 2017. The project representative posted a public notice board provided by the City on the subject property on June 16, 2017. Staff sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on June 16, 2017. No written public comment has been received on this application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Human Resource Development Council of District IX, 32 South Tracy Avenue, Bozeman, MT 59715 Subdivider: Human Resource Development Council of District IX, 32 South Tracy Avenue, Bozeman, MT 59715 Representatives: GroundPrint, LLC, 1262 Stoneridge Drive, Bozeman, MT 59718; and TD&H Engineering, 234 East Babcock Street, #3, Bozeman, MT 59715 Report By: Mitch WerBell, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. 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 Preliminary Plat CAHAB Packet and Preliminary Affordable Housing Plan 143 Beall Street Tiny Homes An Affordable Housing Demonstration Project HRDC’s West Beall Street Minor Subdivision Preliminary Plat Application May 2017 144 Table of Contents 1. Application (including Form PP, Form PP1 & Responses) 2. Project Narrative & Response to Pre-Application Comments 3. Preliminary Plat Supplements a. Preliminary Plat Drawing b. Vicinity Maps c. Form N1 & Adjoining Property Owner’s List d. Noxious Weed Management & Revegetation Plan e. Municipal Facilities Exclusion Checklist f. Preliminary Platting Certificate 4. Additional Preliminary Plat Supplements* a. Water & Sewer b. Utilities c. Parks & Recreation d. Affordable Housing – Form AH & Plan *Note waivers were granted for all other additional supplements 145 Section 1: Application 146 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: HRDC's Beall Street Minor Subdivision Subsequent minor subdivision to create two affordable lots in a land trust Human Resource Development Council of District IX (contact: Heather Grenier) 32 South Tracy Avenue, Bozeman MT 59715 406 585 4840 hgrenier@hrdc9.org [same as property owner] GroundPrint, LLC (contact: Susan Riggs, AICP) 1262 Stoneridge Drive, Bozeman MT 59718 406 579 5844 sriggs@groundprint.com North 24th Avenue, Bozeman MT 59718 (corner of N. 24th & Beall) WEST BABCOCK SUB, S11, T02 S, R05 E, BLOCK 3, Lot 9, .13 ACRES R3 vacant land in an existing Community Land Trust Residential 147 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. 0 existing; 2 proposed 0 0.127 5537 0.127 5537 148 149 PP Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISION PRELIMINARY PLAT 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 Complete and signed development review application form A1. Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3 -ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. STATISTICS 1. Subdivision Type: First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with variance Second or Subsequent Minor Subdivision from a Tract of Record First Major Subdivision 2. Total Number or Lots: 3. Lots by Proposed Uses: Residential, single household City Park Residential, multi household Manufactured Home Space Planned Unit Development Recreational Vehicle Space Condominium Unit Commercial Townhouse Industrial Common Open Space Restricted Development Other: 2 4 4 4 4 4 2 2 150 Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: APPLICATION FEE Base fee $1,831 Minor or $ 2,914 Major Plus $74 per lot Plus $6.50 noticing fee per each physically contiguous (touching) property owner 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 4 151 PP1 Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISON PRELIMINARY PLAT CHECKLIST GENERAL INFORMATION The preliminary plat submittal must include the following information. Please refer to Section 38.41.040, BMC for the specific requirements for each item. 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Pre-application Plan), BMC. See checklist PA1. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single household. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right -of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways. 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the pre-application process. 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC. 11. All appropriate certificates (refer to Chapter 38.06, BMC). 12. All preliminary plat supplements required for all subdivisions: Preliminary Plat Supplements Required for All Subdivisions A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet C. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC. See checklist SVAR D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association E. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary 152 Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: G. A draft of such other appropriate certificates H. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private I. Profile sheets for street grades greater than 5 percent J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds L. A preliminary platting certificate prepared by a Montana title company 13. All preliminary plat supplements not waived at pre-application review by the Development Review Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item. Additional Subdivision Preliminary Plat Supplements Waived A. Surface water B. Floodplains C. Groundwater D. Geology, soils and slope E. Vegetation F. Wildlife G. Historical features H. Agriculture I. Agriculture water user facilities J. Water and sewer K. Stormwater management L. Streets, roads and alleys M. Utilities N. Educational facilities O. Land use P Parks and recreation facilities Q. Neighborhood center plan R. Lighting plan S. Affordable Housing T. Miscellaneous 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 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 153 Preliminary Plat Supplements 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Pre-application Plan), BMC. All the required information from the PreApp has also been included in the Preliminary Plat. In addition, a written response to the DRC comments has also been provided. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single household. This information is included on the plat. The only proposed use is single household residential. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right -of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways. All relevant information for right-of-way is provided on the Preliminary Plat. 4. The names of adjoining platted subdivisions and numbers o f adjoining certificates of survey. See the Preliminary Plat. 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. This information is provided on the Preliminary Plat. There are not water bodies on the subject site. 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. This information is provided on the Preliminary Plat. 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. There are no public infrastructure improvements. Water and sewer services will be installed in one phase. The building construction is proposed in two phases as noted in the project narrative. 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. This information is provided on the Preliminary Plat. 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the pre -application process. Waivers were granted to all but the following items: Water & Sewer, Utilities, Parks & Recreation, Affordable Housing. These items are addressed in detail in the following section. 154 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC. According to Janet Skaarland at DEQ, the initial subdivision was originally approved using a Master Plan Exclusion and therefore this project is also eligible for the Municipal Facilities Exclusion checklist. A DEQ subdivision review is therefore not required. 11. All appropriate certificates (refer to Chapter 38.06, BMC). See certificate provided on the Preliminary Plat. 12. All preliminary plat supplements required for all subdivisions including the following: A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. The Preliminary Plat includes this information. B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet. An 11x17 map is included in this application. C. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC. See checklist SVAR. There are no requested variances with this application. D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association. This project will develop the last remaining lot in the West Babcock Subdivision and the existing community land trust. No changes are proposed to any of the existing documents related to the neighborhood. E. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads. Encroachment permits will be obtained for the proposed driveways. Note that we are proposed to eliminate the “No Access” strip from West Beall Street. F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary. The property is zoned R-3. No zoning change is necessary for single household dwelling units. G. A draft of such other appropriate certificates. All required certificates are provided with the application. H. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private. There are no new streets proposed with the minor subdivision. I. Profile sheets for street grades greater than 5 percent. Again, there are no new streets proposed with this project. J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided. Non-applicable - the HRDC is the owner of record. K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds. The Noxious Weed Management and Revegetation Plan is included with this application. L. A preliminary platting certificate prepared by a Montana title company. The Preliminary Platting Certificate is included with this application. 13. Waivers. Again, waivers were granted during the PreApplication review for all but the following: Water & Sewer, Utilities, Parks & Recreation, Affordable Housing. Additional information regarding these items is included in the following section. 155 Section 2: Project Narrative & Response to Pre-Application Comments 156 Project Narrative HRDC’s Beall Street Tiny Homes This Preliminary Plat proposes to subdivide one existing lot owned by the Human Resource Development Council, District IX (HRDC) into two smaller lots for the development of two affordable tiny homes, each with a one-car detached garage that utilizes a zero lot line. The homes will be between 300 and 500 square feet each. The property is part of an existing community land trust and would remain affordable in perpetuity. This project is proposed as an affordable housing demonstration project and partnership between the HRDC, SWMBA (Southwest Montana Building Industry Association) and the City of Bozeman. We anticipate adding additional community partners as the project moves forward. We have included the proposed site plan for reference. We recognize that the Affordable Housing Administrative Manual lists a minimum square footage of 800 square feet; however, the City is in the process of proposing an amendment to this document to remove this barrier and instead rely on the International Building Code to dictate minimum square footages for both market-rate and affordable units. In terms of project timing, our goal is to have occupancy of both homes by September 9, 2017 to allow this demonstration project to be exhibited in the Parade of Homes. This will require some flexibility in terms of phasing. We would like to start construction of Residence B during the Preliminary Plat as a single home on an existing lot. The drive approach for Residence B will not be constructed until the “No Access” note is removed. Unit A would be primarily constructed off-site. We would like to use the concurrent construction incentive from Article 43 to allow for placement of Unit A on the site after Preliminary Plat approval but prior to Final Plat approval. We understand that the process to allow concurrent construction as an affordable housing incentive is currently being figured out and we would like to be a test project. Note that the project proposes to use several other incentives including: reduced minimum lot sizes and expedited building permit review. Note that this project does not propose to use any reductions for parking or parkland. 157 Response to Pre-Application Comments PLANNING COMMENTS 1. The applicant must meet the zero lot line conditions set forth in Section 38.21.060.B and record a legal written agreement for the accessory building at the Gallatin County Clerk and Recorder’s Office. A legal written agreement will be recorded prior and submitted with the Final Plat. 2. The Affordable Housing Manual must be updated to allow the construction of the second dwelling unit with the proposed square footage prior to approval of an affordable housing plan. We understand this condition and are working to assist the City in this update. 3. The applicant must submit a complete affordable housing plan in conformance with Article 43, BMC for entitlement of the requested relaxations. The affordable housing plan must be approved by the Department of Community Development prior to preliminary plat approval. The Affordable Housing Plan is included with this Preliminary Plat submittal. 4. The DRC grants a waiver to the supplemental information under 38.41.060, with this pre-application plan review application for: 1) Surface Water 2) Floodplains 3) Groundwater 4) Geology Slope and Soils 5) Vegetation 6) Wildlife 7) Historical Features 8) Agriculture 9) Agricultural Water User Facilities 11) Stormwater Management 12) Streets Roads and Alleys 14) Educational Facilities 15) Land Use 17) Neighborhood Center Plan 18) Lighting Plan 19) Miscellaneous . The DRC does not grant a waiver to the supplemental information for the following: 10) Water and Sewer 13) Utilities 16) Parks and Recreation 20) Affordable Housing. All other applicable supplemental information as set forth in Section 38.41.060, BMC, which has not been waived must be submitted with the preliminary plat. The required supplemental information related to Water and Sewer, Utilities, Parks and Affordable Housing is included with this submittal. ENGINEERING COMMENTS 1. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash- in-lieu (CIL) of water rights for the proposed subdivision and pay any CIL of water rights due prior to final plat approval. We received an email from Brian Heaston dated 5/10/17 stating the following: “Consider this email the requested analysis for CIL WR. The 1 AF threshold only applies in instance when WR or CIL WR were historically provided, or for development w/an existing water demand. Looking back through the subdivision record for West Babcock Subdivision, CIL WR was provided at platting for 28.7 AF of water. The 1 AF threshold applies since the CIL was provided historically. Splitting the lot to create two SFR will not exceed the 1AF threshold, so no CIL WR is necessary for this subdivision.” 2. There are multiple payback districts that affect this property (SID 622, West Babcock Street, HRDC Sewer and Water). The applicant must contact the City Engineering Department (Katherine Maines) to determine payback assessments for the subdivision. We understand and agree to this comment. 158 STANDARD CODE PROVISIONS 1. The preliminary plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). See attached preliminary plat. 2. Section 38.23.060, Utility easements must be provided in accordance with the UDC. The required 10- foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. All easements must be described, dimensioned and shown on the final plat in their true and correct location. See the attached preliminary plat. We are proposing 14’ front yard easements to better accommodate both the existing and proposed utilities. 3. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas must comply with the provisions set forth in Section 38.26.050.L. All finish grades will comply with the provisions in 38.26.050.L. 4. Section 38.23.150.C Lighting. If street lighting is proposed or required all lighting must comply with the requirements of Section 38.23.150, BMC. No street lighting is proposed. 5. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement must be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer must supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. We understand this condition. There are no public improvements required for this subdivision. 6. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, must be submitted with the preliminary plat. We have included the Noxious Weed Management and Revegetation Plan. 7. Article 6. The certificates listed in Section 38.06.020 through 38.06.110 must be shown on plat, as appropriate. Required certificates are shown on the plat. 8. Article 41. All preliminary plat requirements, as outlined in Article 41, must be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. All requirements that were not waived are included in the submittal. 159 9. A complete preliminary plat application must be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail. This application is being submitted well within the one year deadline. 160 Section 3: Preliminary Plat Supplements 161 162 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:16086PREAPMONTANAWASHINGTONIDAHO GREAT FALLS-BOZEMAN-KALISPELL BY DATE DESCR LEWISTON SPOKANE REVISIONS Engineering tdhengineering.com BY DATE DESCR BY DATE DESCR PREAPPLICATION FOR BOZEMAN, MONTANA SHOWING PROPOSED PROPERTY LINES IN LOT 9, BLOCK 1 OF WEST BABCOCK SUB. IN THE NE 1/4 OF SEC 11, T2S, R5E, P.M.M.B16-0863/29/17181/6.DWGSA, CB163 SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.164 Map Source: City of Bozeman GIS Subject Property WEST BEALL STREET NORTH 24TH STREET R-3 KIRK PARK WEST BABCOCK PARK ZONING MAP 165 Map Source: GOOGLE EARTH Subject Property WEST BEALL STREET N 24TH ST KIRK PARK WEST BABCOCK PARK GOOGLE EARTH IMAGERY NTS EXISTING WEST BABCOCK COMMUNITY LALND TRUST LESSLEY CONDOMINIUMS 166 167 168 169 170 171 172 173 175 176 177 178 179 Revised 10/15/15 MUNICIPAL FACILITIES EXCLUSION CHECKLIST (formerly called master plan exclusion) Below, please find the information required under § 76-4-127 MCA regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. 1. Is this subdivision exempt from the Montana Platting and Subdivision Act §76-3 MCA ? Yes ___ No _X__ If yes, then you may not use the Municipal Facilities Exclusion for this subdivision 2. Does this subdivision affect property with a Title 76-4 Approval? Yes ______ No __X___ If yes, then you may not use the Municipal Facilities Exclusion for this subdivision 3. Name of Subdivision:_HRDC’s Beall Street Minor Subdivision 4. Name and address of the applicant: Human Resource Development Council of District IX (Contact: Heather Grenier) 32 South Tracy Avenue, Bozeman, MT 59715 5. Name and address of engineer: Kyle Scarr, TD&H Engineering 234 East Babcock Street, #3, Bozeman, MT 59715 6. Copy of the preliminary, final or amended plat if available and meeting minutes or letter of approval by the governing body as defined in §76-3-103 MCA : Attached _X__. 7. Number of parcels in the subdivision: 2_____ 8. A copy of any applicable zoning ordinances in effect: R-3_______________________________ 9. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing): _Water and Sewer Services are anticipated to be privately financed._____ 10. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or within a first-class or second-class municipality:_Yes________________________________ 11. Copy of Growth Policy: On file ___X_________ Attached: ___________ 12. Location of the subdivision to the city or town, vicinity map attached: Yes ___X__ No _____ 13. Are adequate municipal facilities, as defined in §76-4-102 MCA, for the supply of water and disposal of sewage and solid waste available or will they be provided under§76-3-507, MCA Yes __X__ No _____ 14. Has the governing body reviewed and approved plans to ensure adequate storm water drainage Yes __X__ No _____. 15. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes _____ No _X____ 16. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes _____ No _X____ 17. Exclusion Checklist review fee, ($100) included: Yes _X______ No __________ 18. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided under§76-3-507 MCA , and I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. I further certify that I am authorized to sign this form on behalf of the governing body. Name Craig Woolard___________________________ Signature _____________________________ Dept Public Works Department ______ Title Public Works Director_____ City Bozeman_____________ Zip 59715_____________ Phone 406-582-2273_____________ Please sign and send with the $100.00 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION, PERMITTING AND COMPLIANCE DIVISION 180 Map Source: City of Bozeman GIS Subject Property WEST BEALL STREET NORTH 24TH STREET R-3 KIRK PARK WEST BABCOCK PARK ZONING MAP 181 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:16086PREAPMONTANAWASHINGTONIDAHO GREAT FALLS-BOZEMAN-KALISPELL BY DATE DESCR LEWISTON SPOKANE REVISIONS Engineering tdhengineering.com BY DATE DESCR BY DATE DESCR PREAPPLICATION FOR BOZEMAN, MONTANA SHOWING PROPOSED PROPERTY LINES IN LOT 9, BLOCK 1 OF WEST BABCOCK SUB. IN THE NE 1/4 OF SEC 11, T2S, R5E, P.M.M.B16-0863/29/17181/6.DWGSA, CB182 183 184 185 186 Section 4: Additional Preliminary Plat Supplements 187 Water & Sewer Existing water and sewer mains are located in North 24th Avenue. It is important to note that this minor subdivision includes service extensions only and does not include any main extensions. Services for Lot 9A will be connected to the existing stubs that were installed with the initial subdivision. New services will be installed for Lot 9B along the north yard within a 14 foot easement. Water and sewer services to Lot 9B are being extended from North 24th because there is no sewer main in Beall Street. Dry utilities run parallel which necessitates the need for a slightly larger than standard front yard easement. Please refer to the following Utility Layout Plan. In terms of cash-in-lieu of water rights, the Engineering Division determined that no cash-in-lieu of water rights is necessary for this subdivision. 188 REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B16-086 C1.0REV DATE HRDC TINY HOUSE BOZEMAN, MONTANA UTILITY LAYOUT PLAN B16-0865/11/17.DWGC1.0BJEBJEKLS406.586.0277 • tdhengineering.com Engineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715WATER NOTESABBREVIATIONSWVEXISTINGDESCRIPTIONLEGENDNEWSANITARY SEWER NOTESGENERAL NOTESCITY REVIEWSET189 190 Utilities Utilities exist in the north and east yards. These are proposed to remain. Note that the utilities in the east yard were installed outside of the existing 10 foot easement; therefore, a larger 14 foot easement is proposed. The existing unused and unnecessary 10 foot utility easements along the south and west yards are proposed to be abandoned. A document recorded as Film 146, Page 1844 apparently releases “Montana Power’s” interest in the utility easement along the south lot line. According to the survey, no utilities exist in the easement along the east lot line. Please refer to the previous drawing – the Utility Layout Plan. 191 Parks & Recreation The initial subdivision included 2.72 acres of park. The project has been developed as 47 dwelling units (including a mix of single household residences, triplexes and fourplexes) as well as a Head Start facility. The following parkland calculation applies: 0.03 x 47 dwelling units = 1.41 acres The addition of two dwelling units adds the following extra parkland requirement: 0.03 x 2 = 0.06 acres. The total amount of parkland required is 1.47 acres. Since 2.72 greatly exceeds 1.47, no additional parkland is required. There is excess parkland in the amount of 1.25 acres. 192 Affordable Housing Please refer to the attached Affordable Housing Plan and application checklist. 193 MEMORANDUM TO: COMMUNITY AFFORDABLE HOUSING ADVISORY BOARD FROM: MITCH WERBELL, ASSOCIATE PLANNER SUBJECT: HRDC’S BEALL STREET MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION 17246 DATE: JUNE 7, 2017 Project Description: A preliminary plat application for a proposed two lot affordable housing minor subdivision of an existing 0.127-acre lot zoned R-3, residential medium density district. One unit is proposed at a 90% AMI sales price and the other unit is proposed at the 70% AMI sales price. The units will be constructed as one to two person single household residences. Delivery is planned for September of 2017. The associated Affordable Housing Plan (AHP) requests following Article 43 incentives: impact fee subsidy, down payment assistance, reduced minimum lot sizes, concurrent infrastructure housing construction, and expedited review for affordable housing. Some of these incentives apply only to the 70% AMI unit. The application, including HRDC’s West Beall Street Tiny Homes Affordable Housing Plan is currently under review by Staff. If the Director of Community Development approves the AHP with incentives and the City Commission approves the preliminary plat, a condition of approval will be imposed that requires recordation of the AHP and references on the final plat. Project Location: Property located at the intersection of North 24th Avenue and Beall Street, addressed as 214 North 24th Avenue and legally described as Lot 9, Block 3, West Babcock Subdivision, situated in the NE ¼ Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. More information regarding the project is provided in the attached documents. 194 Page 2 of 3 Impact Fee Subsidy Request: Applicant requests the full subsidization of impact fees for the 70% AMI unit. The total estimated request is $5,149.52. Recommended Impact Fee Motion: “Having considering the request and relevant information, we recommend approval of the impact fee subsidy requested for HRDC’s Beall Street Minor Subdivision if it is determined that the AHP meets the requirements of the City of Bozeman Affordable Housing Ordinance.” Down Payment Assistance Request: Applicant requests down payment assistance for the 70% AMI unit, in an amount not to exceed $10,000. Recommended Down Payment Assistance Motion: “Having considering the request and relevant information, we recommend approval of the down payment assistance requested for HRDC’s Beall Street Minor Subdivision in an amount not to exceed $10,000, if it is determined that the AHP meets the requirements of the City of Bozeman Affordable Housing Ordinance.” Relevant Citations from Bozeman Municipal Code: 1) Section 38.43.110. – Incentives available for affordable housing. Developers may apply for incentives in conjunction with a development application by submitting an affordable housing plan pursuant to Section 38.43.080. When the development includes Lower-priced homes affordable to households with an income of 70% or 80% AMI, the applicant may apply for full or partial subsidization of impact fees, paid from municipal funds if such funds are available; such subsidization must be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. Please see attached HRDC’s West Beall Street Tiny Homes Affordable Housing Plan for anticipated pricing of affordable homes. 2) Section 38.43.050. – Pricing of affordable homes. The city will calculate on an annual basis the maximum sales price a developer may charge for each category of affordable home included in a developer’s affordable housing plan. 3) Section 38.43.100.B. – Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successor in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. 4) Section 38.43.130. – Incentives available for affordable housing. 195 Page 3 of 3 a. Subject to the availability of funds, the city will provide on a first-come first-served basis, down payment assistance not to exceed $10,000.00 per home benefiting households. Down-payment assistance will only be provided directly to the qualifying homebuyer. This assistance shall be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. b. Full or partial subsidization of impact fees, paid from municipal funds if such funds are available; such subsidization must be secured with a lien instrument due upon sale, transfer or non-rate/term refinance of the home. HRDC’s Beall Street Minor Subdivision 70% AMI Unit Impact Fee Estimate Attachments: HRDC’s Beall Street Minor Subdivision Preliminary Plat and Narrative HRDC’s Beall Street Minor Subdivision Affordable Housing Plan and Site Plan City of Bozeman Community Affordable Housing Fund CC: file 196 197 Section 2: Project Narrative & Response to Pre-Application Comments 198 Project Narrative HRDC’s Beall Street Tiny Homes This Preliminary Plat proposes to subdivide one existing lot owned by the Human Resource Development Council, District IX (HRDC) into two smaller lots for the development of two affordable tiny homes, each with a one-car detached garage that utilizes a zero lot line. The homes will be between 300 and 500 square feet each. The property is part of an existing community land trust and would remain affordable in perpetuity. This project is proposed as an affordable housing demonstration project and partnership between the HRDC, SWMBA (Southwest Montana Building Industry Association) and the City of Bozeman. We anticipate adding additional community partners as the project moves forward. We have included the proposed site plan for reference. We recognize that the Affordable Housing Administrative Manual lists a minimum square footage of 800 square feet; however, the City is in the process of proposing an amendment to this document to remove this barrier and instead rely on the International Building Code to dictate minimum square footages for both market-rate and affordable units. In terms of project timing, our goal is to have occupancy of both homes by September 9, 2017 to allow this demonstration project to be exhibited in the Parade of Homes. This will require some flexibility in terms of phasing. We would like to start construction of Residence B during the Preliminary Plat as a single home on an existing lot. The drive approach for Residence B will not be constructed until the “No Access” note is removed. Unit A would be primarily constructed off-site. We would like to use the concurrent construction incentive from Article 43 to allow for placement of Unit A on the site after Preliminary Plat approval but prior to Final Plat approval. We understand that the process to allow concurrent construction as an affordable housing incentive is currently being figured out and we would like to be a test project. Note that the project proposes to use several other incentives including: reduced minimum lot sizes and expedited building permit review. Note that this project does not propose to use any reductions for parking or parkland. 199 Response to Pre-Application Comments PLANNING COMMENTS 1. The applicant must meet the zero lot line conditions set forth in Section 38.21.060.B and record a legal written agreement for the accessory building at the Gallatin County Clerk and Recorder’s Office. A legal written agreement will be recorded prior and submitted with the Final Plat. 2. The Affordable Housing Manual must be updated to allow the construction of the second dwelling unit with the proposed square footage prior to approval of an affordable housing plan. We understand this condition and are working to assist the City in this update. 3. The applicant must submit a complete affordable housing plan in conformance with Article 43, BMC for entitlement of the requested relaxations. The affordable housing plan must be approved by the Department of Community Development prior to preliminary plat approval. The Affordable Housing Plan is included with this Preliminary Plat submittal. 4. The DRC grants a waiver to the supplemental information under 38.41.060, with this pre-application plan review application for: 1) Surface Water 2) Floodplains 3) Groundwater 4) Geology Slope and Soils 5) Vegetation 6) Wildlife 7) Historical Features 8) Agriculture 9) Agricultural Water User Facilities 11) Stormwater Management 12) Streets Roads and Alleys 14) Educational Facilities 15) Land Use 17) Neighborhood Center Plan 18) Lighting Plan 19) Miscellaneous . The DRC does not grant a waiver to the supplemental information for the following: 10) Water and Sewer 13) Utilities 16) Parks and Recreation 20) Affordable Housing. All other applicable supplemental information as set forth in Section 38.41.060, BMC, which has not been waived must be submitted with the preliminary plat. The required supplemental information related to Water and Sewer, Utilities, Parks and Affordable Housing is included with this submittal. ENGINEERING COMMENTS 1. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash- in-lieu (CIL) of water rights for the proposed subdivision and pay any CIL of water rights due prior to final plat approval. We received an email from Brian Heaston dated 5/10/17 stating the following: “Consider this email the requested analysis for CIL WR. The 1 AF threshold only applies in instance when WR or CIL WR were historically provided, or for development w/an existing water demand. Looking back through the subdivision record for West Babcock Subdivision, CIL WR was provided at platting for 28.7 AF of water. The 1 AF threshold applies since the CIL was provided historically. Splitting the lot to create two SFR will not exceed the 1AF threshold, so no CIL WR is necessary for this subdivision.” 2. There are multiple payback districts that affect this property (SID 622, West Babcock Street, HRDC Sewer and Water). The applicant must contact the City Engineering Department (Katherine Maines) to determine payback assessments for the subdivision. We understand and agree to this comment. 200 STANDARD CODE PROVISIONS 1. The preliminary plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). See attached preliminary plat. 2. Section 38.23.060, Utility easements must be provided in accordance with the UDC. The required 10- foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. All easements must be described, dimensioned and shown on the final plat in their true and correct location. See the attached preliminary plat. We are proposing 14’ front yard easements to better accommodate both the existing and proposed utilities. 3. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas must comply with the provisions set forth in Section 38.26.050.L. All finish grades will comply with the provisions in 38.26.050.L. 4. Section 38.23.150.C Lighting. If street lighting is proposed or required all lighting must comply with the requirements of Section 38.23.150, BMC. No street lighting is proposed. 5. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement must be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer must supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. We understand this condition. There are no public improvements required for this subdivision. 6. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, must be submitted with the preliminary plat. We have included the Noxious Weed Management and Revegetation Plan. 7. Article 6. The certificates listed in Section 38.06.020 through 38.06.110 must be shown on plat, as appropriate. Required certificates are shown on the plat. 8. Article 41. All preliminary plat requirements, as outlined in Article 41, must be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. All requirements that were not waived are included in the submittal. 201 9. A complete preliminary plat application must be submitted to the Community Development Department within one calendar year of the date the Community Development Department dates, signs and places pre-application comments in the outgoing mail. This application is being submitted well within the one year deadline. 202 AH Affordable Housing Required Materials Page 1 of 1 Revision Date 01-29-2016 Required Forms: A1, Recommended Forms: AFFORDABLE HOUSING PLAN APPLICATION REQUIRED APPLICATION MATERIALS The Affordable Housing Application is to be submitted in conjunction with ______________ In addition to the application, please provide a site plan highlighting the proposed affordable housing lots within the subdivision. QUANTITY AND TYPE OF AFFORDABLE HOUSING UNITS 70% AMI: 3 Person Single Family Homes ____ 4 Person Single Family Homes ____ 3 Person Townhomes ____ 4 Person Townhomes ____ 80% AMI: 3 Person Single Family Homes ____ 4 Person Single Family Homes ____ 3 Person Townhomes ____ 4 Person Townhomes ____ 90% AMI: 3 Person Single Family Homes ____ 4 Person Single Family Homes ____ 3 Person Townhomes ____ 4 Person Townhomes ____ ELIGIBLE INCENTIVES (CHECK THOSE THAT APPLY BASED ON PROPOSED UNITS) Innovative housing ordinance Expedited Permit Review Impact Fee Subsidy Down Payment Assistance Waiver of Subdivision Pre-Application Simultaneous Construction of Housing and Infrastructure Reduced Parking Reduction of Parkland APPLICATION DEADLINES Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin Development Review Committee review in ten working days from the application deadline. AFFORDABLE HOUSING APPLICATION CHECKLIST Criteria to be Reviewed: 1. List Criteria to be Reviewed 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 203 Beall Street Tiny Homes Development Name: Beall Street Tiny Homes: An Affordable Housing Demonstration Project Project Location: North 24th Avenue and West Beall St. Legal Description: WEST BABCOCK SUB, S11, T02 S, R05 E, BLOCK 3, Lot 9, .13 acres Current Zoning: R-3 Current Use: Vacant Community Plan Designation: Residential Property Owner and Applicant: Human Resources Development Council of District IX 32 S Tracy Ave., Bozeman, MT 59715 Contact: Heather Grenier, President/CEO 406-585-4840 hgrenier@hrdc9.org Introduction: HRDC seeks the use of affordable housing incentives for the 24th and Beall property. The development is 100% affordable. Phase 1 of the subdivision will consist of 1 single family home and 1 garage building with a shared wall separating 2 garage units. Phase 2 of the subdivision will consist of a single family home. HRDC intends to place the subject property into their Community Land Trust in order to ensure permanent affordability for the Bozeman community. 1. Number of affordable homes proposed in each affordable home category and number of market- rate homes Hoover Way Subdivision Project Phase 1 Phase 2 Total Total number of homes for development 1 1 2 Total Number of market- rate homes 0 0 0 Total Number of affordable homes*** 0 0 0 204 2. The number of bedrooms in each affordable home 24th and Beall Subdivision Project- Home Type and bedroom mix of Lower-Priced Homes Phase 1 Phase 2 Total Studio and/or 1 bedroom homes 0 2 2 2 bedroom homes 0 0 0 3 bedroom homes 0 0 0 Total Units 0 2 2 3. Anticipated Pricing and deed restrictions HRDC anticipates that through the combination of the CLT and project down-payment assistance, 100% of the homes in the development will be permanently affordable and necessitate buyers to take on mortgages far below the maximum prices outlined in the City’s affordable housing ordinance. All homes will have ground leases limiting appreciation utilizing a formula that allows for a reasonable return while preserving affordability. At this moment the expected sales price for the units is between $140,000 - $170,000. 4. Location of affordable homes in the development (lots in the plat or units within a site plan); The entire project is considered affordable. Please see attached exhibit. 5. Timing of delivery of the affordable homes in relation to the market-rate homes in the development; The entire project is considered affordable; therefore, no market-rate homes will be provided. 6. Marketing plan describing how affordable homes will be offered to the public; HRDC will market the homes in the same manner as our previous affordable housing developments. Our most valuable marketing tool is our homeownership education program, The Road to Home. Through RTH, HRDC meets with hundreds of households seeking affordable homeownership options. In previous developments, HRDC has contracted with a realtor to list the properties via MLS. In the event that HRDC elects not to list the properties via MLS, HRDC will provide a 2.5% fee to the purchaser’s agent to encourage realtor participation. As the purchasing structure is different than the standard process, HRDC will produce a FAQ sheet to help buyers and their representatives understand the unique financing and ownership structure for the Community Land Trust. 7. Plan for construction of affordable homes in phased developments. Phase 1 will consist of 1 single family home, to be completed by September 2017. Phase 2 will consist of 1 unit with a completion date in September 2017. 8. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this article. HRDC hopes, through the development of this project, to provide a template for developers to follow to meet the guidelines of the Affordable Housing Ordinance. HRDC plans on requesting no variances for this project to ensure that the model is replicable. 205 W BEAL ST N 24TH AVECORNER YARD 15' - 0" UTILITY EASEMENT 10' - 0"REAR YARD20' - 0"SIDE YARD 8' - 0" 89° 14' 24" 89.19' N E 1° 01' 53"60.72'NE88° 56' 49" 89.08' N W 1° 05' 18"63.54'SWPROPOSED LOT LINELOT 9A 2743.0 SF LOT 9B 2793.9 SF GARAGE B 326.2 SF 25' X 12' INSIDE DIMENSION GARAGE A 292.3 SF 22' X 12' INSIDE DIMENSION RESIDENCE A 299 SF FOOTPRINT CONSTRUCTED OFF SITE DRIVEGARAGE SETBACK6' - 0"REAR YARD20' - 0"LOT 9B: TOTAL REAR YARD =902.6 SF GARAGE ENCROACHMENT = 172.2 SF 20% X 902.6SF = 180.5 SF > 172.2 SF LOT COVERAGE = 758.2 SF = 27% LOT 9A: TOTAL REAR YARD =1507.1 SF GARAGE ENCROACHMENT = 292.3 SF 20% X 1507.1 SF = 301.4 SF >292.3 SF LOT COVERAGE = 591.3 SF = 21.5% FIRE RATED COMMON WALL RESIDENCE B 432 SF FOOTPRINT CONC DRIVE CONC DRIVE FRONT YARD15' - 0"FRONT YARD15' - 0"43.4645.62 43.70 45.49SIDEWALK SIDEWALK24' - 0"12' - 0 3/32"27' - 0"16' - 0"5' - 1 1/2" VISION TRIANGLES CONC PORCH CONC PORCH 5' - 0"5' - 0" SIDE YARD 11 2 3 3 4 2 55 6 6 77 15' - 4 5/8"E E EEECTV CTV CTVPH PH PHPHSS SS W SS W W CTVEXST SERVICE STUB NEW SERVICE LINES G G EXST SERVICE STUB UTILITY EASEMENT14' - 0"PO BOX 11529, BOZEMAN, MT 59719 406 404-1560 CONSTRUCTIVESOLUTIONSMT.COM CONSTRUCTIVE SOLUTIONS, INC.CONSTRUCTIVE SOLUTIONS, INC.CONSTRUCTIVE SOLUTIONS, INC.CONSTRUCTIVE SOLUTIONS, INC. 5-10-17 HRDC TINY HOUSE FINAL PLAT PROPOSED LAYOUT 1" = 10'-0" SITE PLAN NOTES NOTE COMMENT 1 CONC STOOP AND AWNING ENCROACHMENT PER 38.213060.A 2 UTILIZING ZERO LOT LINE FOR DETACHED GARAGES IN SIDE YARD PER 38.21.060.B. 8' SIDE YARD PROVIDED FOR LOT 9B 3 GARAGES LESS THAN 600SF (PER LOT) PERMITTED TO ENCROACH INTO REAR YARD PER 38.21.050.G.2 4 DRIVE ACCESSES CLOSER THAN 5' - OWNER WILL PROVIDE EASEMENT PER 38.24.090.E.2 5 RESIDENCES TO BE TALLER THAN GARAGES 6 2 PARKING SPACES PROVIDED 7 UTILIZING LOT SIZE REDUCTION FOR AFFORDABLE HOMES 206 W BEAL ST N 24TH AVECORNER YARD 15' - 0" UTILITY EASEMENT 10' - 0"REAR YARD20' - 0"SIDE YARD 8' - 0" 89° 14' 24" 89.19' N E 1° 01' 53"60.72'NE88° 56' 49" 89.08' N W 1° 05' 18"63.54'SWPROPOSED LOT LINELOT 9A 2743.0 SF LOT 9B 2793.9 SF GARAGE B 326.2 SF 25' X 12' INSIDE DIMENSION GARAGE A 292.3 SF 22' X 12' INSIDE DIMENSION RESIDENCE A 299 SF FOOTPRINT CONSTRUCTED OFF SITE DRIVEGARAGE SETBACK6' - 0"REAR YARD20' - 0"LOT 9B:TOTAL REAR YARD =902.6 SFGARAGE ENCROACHMENT = 172.2 SF 20% X 902.6SF = 180.5 SF > 172.2 SF LOT COVERAGE = 758.2 SF = 27% LOT 9A: TOTAL REAR YARD =1507.1 SFGARAGE ENCROACHMENT = 292.3 SF 20% X 1507.1 SF = 301.4 SF >292.3 SF LOT COVERAGE = 591.3 SF = 21.5% FIRE RATEDCOMMONWALL RESIDENCE B 432 SF FOOTPRINT CONCDRIVE CONCDRIVE FRONT YARD15' - 0"FRONT YARD15' - 0"43.4645.62 43.70 45.49SIDEWALK SIDEWALK24' - 0"12' - 0 3/32"27' - 0"16' - 0"5' - 1 1/2" VISIONTRIANGLES CONC PORCH CONC PORCH 5' - 0"5' - 0" SIDE YARD 11 2 3 3 4 2 55 EXISTING PROPERTY NOTES: LOT 9, BLOCK 3, WEST BABCOCK SUB.ZONING = R3 PROPERTY LOCATED IN EXISTING AFFORDABLE HOUSING LAND TRUST 6 6 77 15' - 4 5/8"E E EEECTV CTV CTVPH PH PHPHSS SS W SS W W CTVEXST SERVICE STUB NEW SERVICE LINES G G EXST SERVICE STUB UTILITY EASEMENT14' - 0"W BEAL ST N 24TH AVECORNER YARD 15' - 0" UTILITY EASEMENT 10' - 0" SIDE YARD 8' - 0" 89° 14' 24" 89.19' N E 1° 01' 53"60.72'NE88° 56' 49" 89.08' N W 1° 05' 18"63.54'SWFUTURE LOT LINELOT 9 5536.9 SF GARAGE B326.2 SF 25' X 12' INSIDE DIMENSION GARAGE A292.3 SF 22' X 12' INSIDE DIMENSION DRIVEGARAGE SETBACK6' - 0"FIRE RATED COMMONWALL RESIDENCE B 432 SF FOOTPRINT CONC DRIVE 43.4645.62 SIDEWALK SIDEWALK27' - 0"16' - 0"5' - 1 1/2" VISION TRIANGLES CONC PORCH CONC PORCH FUTURE DRIVE ACCESS PENDING FINAL PLAT EXISTING PROPERTY NOTES: LOT 9, BLOCK 3, WEST BABCOCK SUB. ZONING = R3PROPERTY LOCATED IN EXISTING AFFORDABLE HOUSING LAND TRUST E E EEECTV CTV CTVPH PH PHPHSS UTILITY EASEMENT14' - 0"REAR YARD20' - 0"FRONT YARD15' - 0"89' - 2 7/32" SS W MIN 2% SLOPE NOTE: GRADE SHALL FALL AWAY FROM FOUNDATION A MIN 6" WITHIN FIRST 10'.WHERE LESS THAN 10' EXISTS TOPROPERTY LINES, GRADE SHALL FALL MIN 5%. SWALES TO SLOPE MIN 2%. ALL CONCRETE PATIOS SHALL SLOPE AWAYFROM BUILDING WITH A MIN 2% OR 1/4:12SLOPE. DRYWELL DSDSSS W NEW SERVICE LINES GAS RISER CTVG G W 1. ALL EXTERIOR WALLS TO BE 2X6 @ 24" ON CENTER U.N.O. 2. ALL INTERIOR WALLS TO BE 2X4 @24" ON CENTER U.N.O. 3. ALL INTERIOR WALLS TO BE FINISHED WITH 1/2" LWGB U.N.O. SEE PLAN FOR BRACED PANEL OR SHEAR WALL LOCATIONS. 4. ALL INTERIOR CEILINGS TO BE FINISHED WITH 1/2" LWGB U.N.O. 5. GARAGE SHALL HAVE 5/8" TYPE 'X' GWB AT HOUSE COMMON WALLS. 6. INSTALL SOUND BATT INSULATION IN WALLS, CEILINGS AND/OR FLOORS PER PLANS. 7. ALL CERAMIC TILE TO BE INSTALLED OVER CEMENTITIOUS UNDERLAYMENT BOARD (DUROCK OR EQUIVALENT). 8. ALL VENTS, STACKS AND OTHER ROOF PENETRATIONS SHALL BE PAINTED TO MATCH THE ROOFING MATERIAL. 9. ALL PLUMBING FIXTURES TO BE OF WATER SAVING TYPE (LOW FLOW, AERATORS, ETC.) 10. INSTALL WP GWB TO 4' BEHIND TOILETS. 11. ALL WINDOWS THERMAL PANE LOW E2 GLAZING. TEMPERED GLAZING AT THE FOLLOWING LOCATIONS: IN GLASS DOORS; GLASS OVERSHOWER OR TUB BELOW 60" FROM STANDING OR WALKING SURFACE; GLASS WITHIN A 24" ARC OF A DOOR; INDIVIDUAL PANE GREATER THAN9 SQUARE FEET; BOTTOM EDGE LESS THAN 18" ABOVE FLOOR; TOP EDGE GREATER THAN 36" ABOVE THE FLOOR AND ONE OR MORE WALKING SURFACES WITHIN 36" HORIZONTALLY OF THE GLAZING; ADJACENT TO STAIRWAYS, LANDINGS AND RAMPS WITHIN 36" HORIZONTALLY OF A WALKING SURFACE WHEN THE EXPOSED SURFACE OF THE GLASS IS LESS THAN 60" ABOVE THE PLANE OF THE ADJACENT WALKING SURFACE; ADJACENT TO STAIRWAYS WITHIN 60" HORIZONTALLY OF THE BOTTOM TREAD OF STAIRWAY IN ANY DIRECTIONWHEN THE EXPOSED SURFACE OF THE GLASS IS LESS THAN 60" ABOVE THE NOSE OF THE TREAD. 12. CONTRACTOR SHALL PROVIDE BACKING/BLOCKING AS REQUIRED FOR ALL WALL MOUNTED EQUIPMENT, FURNISHINGS, ETC. 13. "EGRESS" WINDOW DENOTES WINDOW WITH MIN CLEAR WIDTH OF 20", MIN CLEAR HEIGHT OF 22", MIN CLEAR OPENABLE AREA OF 5.7 SQ FT AND FINISHED SILL NOT TO BE MOUNTED MORE THAN 44" ABOVE FLOOR. WINDOW NOTATION CONTAINING A "T" DESIGNATES TEMPERED GLAZING. 14. STRUCTURAL MEMBERS SHALL NOT BE CUT FOR PIPES, DUCTS ETC. UNLESS SPECIFICALLY NOTED, DETAILED OR APPROVED IN WRITING BY ARCHITECT/ENGINEER. 15. VAPOR BARRIERS TO BE MIN 6 MIL THICKNESS AND 1 PERM RATING OR LESS, UNO. 16. ATTIC ACCESS HATCH INSULATION TO BE > R-VALUE OF ADJACENT ASSEMBLY. 17. METAL FLASHING AT EXTERIOR HEADER TRIM LOCATIONS. FLEXIBLE FLASHING AT ALL EXTERIOR DOOR AND WINDOW HEADERS. CONSTRUCTION NOTES CONSTRUCTIVE SOLUTIONS, INC COPYRIGHT 2017DRAWN BY:PROJECT #:REVDESCDATEPHASEPRESDDDCDDATEABCDPO BOX 11529, BOZEMAN, MT 59719406 404-1560 www.constructivesolutionsmt.com24X365/16/2017 5:34:53 PMA1.1 5-10-17SITE INFORMATIONHRDC TINY HOUSELot 9 West Babcock SubdivisionN. 24th and W. Beall StreetBID DOCUMENTS----Author-------- 1" = 10'-0"A1.1 2 FINAL SITE PLAN SITE PLAN NOTES NOTE COMMENT 1 CONC STOOP AND AWNING ENCROACHMENT PER 38.213060.A 2 UTILIZING ZERO LOT LINE FOR DETACHED GARAGES IN SIDE YARDPER 38.21.060.B. 8' SIDE YARD PROVIDED FOR LOT 9B 3 GARAGES LESS THAN 600SF (PER LOT) PERMITTED TO ENCROACH INTO REAR YARD PER 38.21.050.G.2 4 DRIVE ACCESSES CLOSER THAN 5' - OWNER WILL PROVIDE EASEMENTPER 38.24.090.E.2 5 RESIDENCES TO BE TALLER THANGARAGES 6 2 PARKING SPACES PROVIDED 7 UTILIZING LOT SIZE REDUCTION FOR AFFORDABLE HOMES 1" = 10'-0"A1.1 1 PHASE 1 SITEPLAN 1/8" = 1'-0"A1.1 3 CONSTRUCTION NOTES 207 COMMUNITY AFFORDABLE HOUSING FUNDGRAND2012 2013 2014 2015 2016 2017 TOTALSyear‐to‐date 2012 ‐ 2017FUND BALANCE ‐ BEGINNING 318,927$              327,914$              337,394$              347,769$              324,817$              504,432$             PLUS:     REVENUES# mills levied 0.50                            0.50                            0.50                            1.00                            3.00                            3.00                           value of 1 mill 82,062$                     83,226$                     85,637$                     87,894$                     86,564$                     89,758$                    Property Tax Revenues 41,031$                41,885$                42,819$                88,470$                257,191$              146,927$              618,323$             Loan repayments (P&I) 5,000$                  5,000$                  5,000$                  9,796$                  10,167$                7,251$                  42,214$               Fund Interest Income 2,956$                  2,596$                  2,555$                  2,958$                  3,452$                  443$                      14,959$               Big Box Fund transfer of housing portion 56,248$                56,248$               misc ‐ appreciation recapture, donations, etc10,030$                ‐$                       10,030$               TOTAL REVENUES 48,987$                49,481$                50,374$                157,472$              280,840$              154,621$              741,774$             ‐                        LESS:  EXPENDITURESHRDC Road To Home (40,000)$               (40,000)$               (40,000)$               (40,000)$               (40,000)$               ‐$                       (200,000)$            GMD/Larkspur Commons/Homeword Impact Fee grant(200,000)$             (200,000)$            Habitat For Humanity assistance: 4 lots‐$                      Affordable Housing Study ‐ Werwath (24,500)$               (14,835)$               ‐$                       (39,335)$              Owner Occupied Home Rehab ‐ HRDC‐$                      Rental Housing Survey ‐ Open Window Consult. (5,671)$                 (5,671)$                Public Notice ‐ newspaper publishing (85)$                       (85)$                      West Edge Condos down payment assistance (110,000)$             (110,000)$            HRDC administer RLF, staff support(14,400)$               ‐$                       (14,400)$              Reach Inc Group Home support(31,990)$               (31,990)$              misc ‐ travel/training/supplies (167)$                     (167)$                    TOTAL EXPENDITURES (40,000)$               (40,000)$               (40,000)$               (180,423)$            (101,225)$            (200,000)$            (601,648)$           ‐                        NET CHANGE IN FUND BALANCE 8,987$                  9,481$                  10,374$                (22,952)$               179,615$              (45,379)$               140,126$             FUND BALANCE ‐ ENDING 327,914$              337,394$              347,769$              324,817$              504,432$              459,053$              459,053$             459,053$             POTENTIAL REMAINING OBLIGATIONS:CONTRACT WITH HRDC: ADMIN OF RLF LOANS + CAHAB ASSIST (14,400)$              FY17 ROAD TO HOME PROGRAM                (40,000)$              ADMIN FOR AFFORDABLE HOUSING             (8,000)$                AFFORDABLE HOUSING ACTION PLAN UPDATE    (10,000)$              IMPACT FEES FOR HOME PURCHASE            (100,000)$            IMPACT FEES FOR RENTAL HOUSING           (40,000)$              PURCHASE PROPERTY FOR AFFORDABLE HOUSING (100K cut) ‐$                      EMERGENCY SHELTER                        (25,000)$              DOWN PAYMENT ASSISTANCE                  (50,000)$              TOTAL POTENTIAL REMAINING OBLIGATIONS: (287,400)$           ADJUSTED FUND BALANCE IF ALL ABOVE PAID: 171,653$             ADD:  ANTICIPATED REMAINING REVENUE (Tax, etc.) 129,446$             PROJECTED ENDING FUND BALANCE: 301,098$             Fiscal Year208