Loading...
HomeMy WebLinkAbout20195 Application Materials A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC none 59715 Zone Text Amendment - Bozeman Cohousing 67 N none 40 residential flats and rowhouses 5.305 acres ( 4.330 acres + 0.975 acres) Landscaped 3120 Wagon Wheel Road Bozeman MT UDC Text Amendment R3 (Residential Medium Density) Increase flexibility for dwelling configuration in R-3 zone N 13 (residential units, common facilities & garages) DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC 914 W Babcock St., Bozeman, MT 59715-4325 X X 117 Heritage Drive Bozeman MT 59715 318 South 9th Avenue Bozeman MT 59715 pattycowles@aol.com 651-336-0394 3120 Wagon Wheel LLC (315) 271-6481 Bozeman COHO LLC erik.bonnett@gmail.com 406 580-5133 Erik Bonnett mark.owkes@gmail.com DEVELOPMENT REVIEW APPLICATION Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature: Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plan 6. Subdivision fnal plan 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD fnal plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal . Commercial Non-residential COA 16. Historic Neighborhood Conservation Overlay COA 17. Informal Review 18. Zoning Deviation/Departure . Zoning or Subdivision Variance . Conditional Use Permit 21. Special Temporary Use Permit 22. Special Use Permit 23. Regulated Activities in Wetlands 24. Zone Map Amendment (non-Annexation) 25. UDC Text Amendment 26. Growth Policy Amendment 27. Modifcation/Plan Amendment . Extension of Approved Plan . Reasonable Accommodation 30. Comprehensive Sign Plan 31. Other: CONTACT US FORM FORM None INF MSP None SP 19 Z/SVAR PA 20 CUP PP STUP FP SUP SE WR CR ZMA PUDC ZTA PUDP GPA PUDFP MOD ANNX 28 EXT AIA 29 RA APA CSP 15 CCOA NCOA Alfred M. Stif 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 Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC X Jeanmarie Kathleen Owkes, Bozeman Coho LLC Patty Cowles, 3120 Wagon Wheel LLC Zone Text Amendment Zone Text Amendment Project Narrative The R-1 through R-3 districts are intended to be compatible with one another, while the R-4 and R-5 districts are intended to be more intensive and higher density, allowing uses and development patterns not compatible with adjacent low-density housing. Thus, the R-3 district should be structured to allow flexibility, while also maintaining compatibility with the R-1 and R-2 districts, especially when flexibility will advance Bozeman planning goals like provision of affordable and missing middle housing. The existing use designations in the zoning code contain elements that are hold-overs from the era when planners relied heavily or even exclusively on the regulation of use to ensure compatibility within neighborhoods. Thus, a threshold of four units was used to separate compatible low and medium density neighborhood development patterns from high-density patterns. However, there are several development patterns that fall, probably inadvertently, on the high-density side of the threshold, but are fully compatible with low and medium density residential patterns. These include rowhouses, townhouses, and multi-dwelling buildings of limited size and scale. Recognizing this, an earlier amendment to the zoning code permitted five attached townhouses or rowhouses to be constructed in R-3 zoning. The proposed amendment extends this thinking to multi-dwelling buildings, while similarly restricting size and scale to ensure compatibility with adjacent low-density development patterns. These size and scale limits, known as form-based zoning (instead of use-based zoning) are a more contemporary approach to zoning, already widely incorporated in other components of the Bozeman Unified Development Code. The use of these form-based limits provides a complementary tool to use-based planning, allowing increased flexibility while more directly preventing specific incompatibility issues. The proposed language allows increased flexibility for dwelling configuration in the R-3 zone, but does not change other zoning districts. Key compatibility regulations such as those controlling density, parking, open space, building height, and setbacks are unchanged. The flexibility that is created allows projects to cluster more small dwellings in a single building, but does not allow a greater number of total dwellings on a site. The resulting development patterns that would be permitted are widely employed in other communities where the intersection of the zoning code and land economics do not make the pattern unfeasible. It is widely employed because shared walls save construction cost and reduce energy use. Shared walls also allow for more usable open space to Page 1 of 7 Zone Text Amendment be created on a site. These factors are especially useful in the creation of affordable and missing-middle housing. Thus, the proposed language limits the size and massing of a building containing five to eight smaller dwellings in an R-3 zone to be consistent with the massing of a similar building with four larger dwellings and with the size of low-density housing. The length and width limit proposed is adopted from the attached townhouse building length limit already applied to the R-3 zone when five townhouses are attached. The size limit was calculated by taking the average size of a new home built in 2018 in the West and multiplying it by four. This limit is appropriate1 because the R-3 district permits four dwellings to be constructed in a single building with no limitation on size other than the limits on construction type in the building code, which would allow a single family home of unlimited size and a three or four-dwelling building of up to 28,000sf assuming unprotected construction (Type VB) and a sprinkler system. Taken together these size limits ensure that the flexibility to aggregate smaller dwellings will not result in larger buildings than already allowed in the R-3 zone. While the development patterns that would be allowed by this amendment are permitted in the R-4 and R-5 districts, those districts allow so much more intensity and density of development, land is priced accordingly, which defeats the purpose of allowing clustering of affordable and missing-middle dwellings. This economic reality is evidenced by the numerous single-building mid-rise projects recently completed and under construction in R-4 and R-5 and mixed districts. Low rise development in the R-4 and R-5 zones is essentially untenable economically. The R-4 and R-5 zones are also used more selectively, for instance in the city core and along transportation corridors. Thus, the total availability of land zoned R-4 and higher is much lower than the availability of land zoned R-3 and higher. The proposed language would contribute significantly to the ability to construct affordable and missing-middle housing in both volume and price. a.Is the new zoning designed in accordance with the growth policy? How? Yes. The 2009 Bozeman Community Plan states in section 6.3 that the “community needs a variety of housing stock to accommodate the diversity in personal circumstances and preferences of its population”. The new zoning will allow for a wider range of housing solutions to be 1 Data from the US Census table titled “Median and Average Square Feet of Floor Area in New Single-Family Houses Completed.” The 2018 average in the western region, which includes Bozeman, was 2527sf. Page 2 of 7 Zone Text Amendment constructed. Furthermore, goal H-3 of the Community Plan encourages an adequate supply of affordable housing and land for affordable housing. This goal is supported by the zone text amendment which allows for homes to be constructed more economically, especially infill housing that will be close to current open space, parks, and schools and promote efficient utilization of current infrastructure. b.Will the new zoning secure safety from fire and other dangers? How? Yes, the new zoning does not change the regulations related to fire and other dangers. The amendment has the potential to increase life safety because buildings containing more dwellings require fire sprinklering in more circumstances, a technology which increases life safety in the event of fire. c.Will the new zoning promote public health, public safety and general welfare? How? Yes, the new zoning provides more flexibility to architects, designers, and planners to provide housing solutions that match the needs of the growing local population while respecting the size restrictions of the current zoning regulations. Additional flexibility in housing options will enhance housing stability and affordability, and thus the general welfare of residents of these future homes and public safety in general. Additionally, the new zoning will promote the preservation of more usable openspace that supports the welfare and health of residents. Lastly, accessible vertical circulation is essentially cost-prohibitive in the current R-3 zone. The ability to cluster more dwellings in a building will make provision of accessible vertical circulation more economical, increasing the potential for housing accessibility for persons living with disabilities. d.Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Yes, because allowed density of development will not change under this amendment, existing adequate provision of these services will continue relatively unchanged. The added flexibility of building configuration will make missing middle and affordable housing more economical, which will have the potential to increase the rate at which these housing types are constructed; a need which the Community Housing Action Plan has identified. Redevelopment of this type in existing R-3 zoned land will Page 3 of 7 Zone Text Amendment increase access to these services compared to similar development at the city periphery and will make providing these services more economical for the city. Redevelopment of this type would, for instance, benefit Streamline route planning by enabling users to rely less on Single Occupancy Vehicle travel. Decreased vehicle miles traveled increases the lifespan and decreases the costs of maintaining public travel ways. Likewise water and sewer infrastructure could be marginally decreased. e.Will the new zoning provide reasonable provision of adequate light and air? How? Yes, and provision of adequate light and air has the potential to increase under the proposed new language. Allowing dwellings to be clustered in a smaller number of buildings on a site allows more of the site to be preserved as openspace, from which buildings draw light and air. The new zoning will not otherwise modify provisions of the existing zoning and building codes regarding adequate light and air provisions to homes. f.Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Because density and parking requirements are not changed in the proposed language, impacts on motorized transportation will be negligible. The proposed language will give added flexibility to clustered housing, which allows non-motorized transportation modes and infrastructure to serve the resident population more efficiently and effectively. g.Does the new zoning promote compatible urban growth? How? Yes, the new zoning balances allowing additional homes in a building with restrictions on the building size. The proposed language ensures permitted buildings are no larger than the size currently allowed and that the overall density on a site will not increase. Both are key metrics in ensuring compatible urban growth. The increased flexibility of dwelling configuration with shared walls will, however, decrease the carbon footprint of each individual home, supporting the city’s goal of carbon reduction as outlined in the Bozeman Climate Change Plan. h.Does the new zoning promote the character of the district? How? Yes, the new zoning only applies to R-3 zoned districts. These districts currently allow for multi-home buildings. The new zoning gives more Page 4 of 7 Zone Text Amendment flexibility and allows for smaller homes to be built more economically while maintaining restrictions on the overall size of buildings and total number of homes. Because the overall size of the buildings will not be permitted to increase, the character of the zone will be sustained. In fact, the net impact of clustering dwellings within a building will be to preserve more open space, improving the character of the district, especially in terms of its compatibility with lower density districts. i.Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, the new zoning will allow for residential development which is consistent with R-3 zoned areas. It will increase the suitability of the R-3 zone to the construction of missing middle and affordable housing. j.Was the new zoning adopted with a view to conserving the values of buildings? How? Yes, because the proposed language only adds flexibility of configuration, without changing key requirements, like density, height limits, or setbacks, the amendment will not substantively impact values of other buildings. k.Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of the subject land by giving more flexibility to builders while maintaining the character and intent of R-3 zoning. The amendment will specifically make missing middle and affordable housing more economical to construct in the R-3 zone. The new zoning will increase the potential for the zone to serve its intended purpose of providing housing by making more configurations possible. One example is residential configurations that strive to reduce the reliance on motorized transportation and avoid urban sprawl. These goals are in line with the Bozeman Community Plan which defines best uses of land in the Bozeman area. Proposed Changes to the Unified Development Code The amendment will add a line to Table 38.310.030.A “Permitted general and group residential uses in residential zoning districts” and to Table 38.320.030.A “Minimum and maximum lot area.” The amendment will also add and define the term Common Interior Space to Section 38.700.020. “A definitions.” Proposed language in blue bold below. Page 5 of 7 Zone Text Amendment PROPOSED LANGUAGE: Table 38.310.030.A Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Three household dwelling or four-household dwelling (38.360.210) ---P P P P - Five household dwelling through eight-household dwelling (38.360.210) ---P4 P P P - Townhouses* & rowhouses* (five attached units or less) (38.360.240) ---P3 P P P - Apartments/apartm ent building* ----P P P - Notes: 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 4. In the R-3 district, five household dwellings through eight-household dwellings must not exceed 120 feet in width or length or 10,000 square feet in floor area. Common interior spaces are not included in the calculation of the maximum length, width, or floor area. PROPOSED LANGUAGE: Table 38.320.030.A Use Type/Standard Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet) 1 (38.320.030.A) Page 6 of 7 Zone Text Amendment Lot area per dwelling in three- or four-household dwelling configurations ---3000 3000 None 3000 - Lot area per dwelling in five- through eight-househol d dwelling configurations ---3000 3000 None 3000 - Townhouses & rowhouses --30003 30003 30003 None 30003 - Apartments—Fir st dwelling ----1200 None 1200 - Apartments—Ea ch dwelling after the first ----900 None 900 - Notes: 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. PROPOSED LANGUAGE: Section 38.360.210 Sec. 38.360.210. - Single, two, three, four, and five through eight-household dwellings PROPOSED LANGUAGE: Section 38.700.020 Common Interior Spaces. In a building containing multiple dwellings, enclosed spaces which are not exclusively used by occupants of a single dwelling. Examples include elevators, stairs, walkways, and mail rooms that serve multiple dwellings. Page 7 of 7 CVA Page 1 of 2 4-8-20 Development Review Application COVID-19 Acknowledgment of Application Processing Delays On March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19. The City of Bozeman issued a COVID-19 emergency declaration on March 16, 2020. The City subsequently issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in relevant parts, “In accordance with the Emergency Declaration, public meeting agendas will be limited to only essential matters. . . .” It describes notice requirements, the use of videoconferencing or telephonic technology to hold remote hearings, and providing the public an opportunity to participate remotely. A copy of Order ED-05 is attached to this form. On March 27, 2020 the Attorney General of the State of Montana issued a letter of guidance to local governments recommending public meetings be held only for essential business, and those public meetings be held remotely. Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the City to complete the review and finally approve certain development review applications. Acknowledgment and signatures This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted and processed. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code the City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager. I acknowledge that the City may be delayed in the processing of my application and may not be able to complete the application review within standard time limits due to the constraints present under the emergency orders. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Acknowledgment – I understand that there may be delays in the processing of my application and that it may reach a point in processing where it may not proceed to final approval and that I will not hold the City responsible for any delays presented under the emergency order. Applicant Signature: Printed Name: Owner Signature: Jeanmarie Kathleen Owkes, Bozeman Coho LLC DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC Page 2 of 2 4-8-20 Printed Name: Owner Signature Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. Patty Cowles, 3120 Wagon Wheel LLC DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC