HomeMy WebLinkAbout20195 Ord 2059 Bozeman Cohousing ZCA - ZC reportPage 1 of 20
20195 Staff Report for the Bozeman Cohousing Text Amendment, Ordinance
2059
Public Hearings: Zoning Commission meeting is on November 23, 2020.
City Commission meeting is on December 15, 2020.
Project Description: Create a new residential use, Apartment Building, Limited, establish
standards for the use, and assign it to specific zoning districts.
Project Location: Applicable in the R-3, R-4, R-5, and R-O zoning districts.
Recommendation: Meets standards for approval.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20195 and
move to recommend approval of the Bozeman Cohousing Text Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20195 and
move to approve the Bozeman Cohousing Text Amendment as presented by Staff,
with contingencies required to complete the application processing.
Report: November 17, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
The applicant does not agree with the restrictions on dwelling area included in the standards
associated with the new use. They prefer a greater area be available.
Project Summary
A privately initiated proposal to create a new residential use, Apartment Building, Limited.
The intent is to add additional flexibility in site and home configuration while remaining
Staff Report for the Bozeman Cohousing Text Amendment Page 2 of 20
consistent in mass and scale with the residential uses already allowed. This is accomplished
by allowing a greater number of homes in a specific building but restricting the maximum
floor area of dwellings and common spaces.
The history, rationale, and analysis of the proposed standards is included in Appendix A of
this staff report.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
Zoning Commission
The Zoning Commission will hold their public hearing on November 23, 2020.
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
This report is based on the application materials submitted and public comment received
to date. ................................................................................................................................. 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAPS ................................................................................................................ 4
Staff Report for the Bozeman Cohousing Text Amendment Page 3 of 20
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
Staff Report for the Bozeman Cohousing Text Amendment Page 4 of 20
SECTION 1 - MAPS
Map of the Zoning Districts Affected by the Proposed Amendment
Staff Report for the Bozeman Cohousing Text Amendment Page 5 of 20
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Zoning Commission will hold a public hearing on this ZMA on November 23, 2020 at 6
pm and will forward a recommendation to the Commission on the text amendment.
The City Commission will hold a public hearing on the text amendment on December 15,
2020. The meeting will begin at 6 p.m.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Bozeman Community Plan 2020, Chapter 5, p. 73, in the section titled Review
Criteria For Zoning Amendments And Their Application, discusses how the various criteria
in 76-2-304 MCA are applied locally. Application varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development.”
Staff Report for the Bozeman Cohousing Text Amendment Page 6 of 20
The proposed amendment does not change the zoning map. Therefore, it is unnecessary to
analyze compliance with the future land use map.
Several relevant goals and objectives have been identified. No points of conflict with the text
of the growth policy have been identified.
“N-1.1 Promote housing diversity, including missing middle housing.”
The proposed amendment provides an additional configuration of housing in zoning districts
already authorizing multiple forms of attached homes. Therefore, opportunity for housing
diversity is increased.
“N-1.11 Enable a gradual and predictable increase in density in developed areas over time.”
The proposed amendment provides limited opportunities to reconfigure existing sites to a
greater number of homes. This would likely only occur where the site is configured in such a
way that two separated buildings don’t meet standards, but a more consolidated building
would be able to satisfy setbacks or other applicable standards. Since this is more likely to be
creation of smaller sized individual homes within a single building the number of homes may
increase but the mass and scale of the buildings and associated parking will be restrained.
“Goal N-3: Promote a diverse supply of quality housing units.”
The proposed amendment provides an additional opportunity to configure homes. The
associated standards encourage shared common spaces in a manner different than other
existing configurations. This increases the potential diversity of homes within the
community.
“Goal N-4: Continue to encourage Bozeman’s sense of place.”
“N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs and
policy led by both City and community efforts.”
The zoning districts affected by this amendment comprise a substantial portion of the total
residential zoning in the community. A large portion of the area has already been developed
both inside and outside of the Neighborhood Conservation Overlay District. The standards
for the proposed new housing configuration constrain the maximum size and scale of the
building to what is generally already allowed. This enables greater flexibility in design and
number of homes while limiting impacts on adjacent properties and character of already
developed neighborhoods. As shown in the discussion in Appendix A, there are a range of
townhouse sizes that have been constructed in the community over the past two years. The
proposed standard is consistent with the mass and scale of buildings that have been
constructed.
Staff Report for the Bozeman Cohousing Text Amendment Page 7 of 20
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter any standard adopted to address this criterion.
Therefore, the code as a whole continues to satisfy this requirement.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment does not alter any standard adopted to address this criterion.
Therefore, the code as a whole continues to satisfy this requirement.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer,
parks, and other facilities and services provided by the City. The adopted plans allow the
City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
The proposed amendment does not modify any standard adopted to implement this criterion.
Therefore, the code as a whole continues to meet this criterion.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment affects mass and scale of the building. The amendment
does not alter maximum building heights, required setbacks, park dedication requirement,
required open space or other related standards. Therefore, there is no appreciable effect on
this criterion.
Staff Report for the Bozeman Cohousing Text Amendment Page 8 of 20
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment affects mass and scale of the building. The amendment
does not materially change total density of allowed housing. The amendment does not alter
standards for streets, sidewalks, bike facilities or other transportation systems. Therefore,
there is no appreciable effect on this criterion.
G. Promotion of compatible urban growth.
Yes. See the discussion under Criterion H. The amendment provides for an alternative shape
of housing. The compatibility of uses is addressed through the future land use map
designation of uses. The implementing districts are placed in compliance with the future land
use map. If the uses are compatible within individual districts then they will also be
compatible as the community expands inwards or outwards.
H. Character of the district.
Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. They also have latitude in assigning uses, setbacks, and other character
contributing elements of zoning standards within districts. The City strives to enable diverse
but compatible development within and between zoning districts.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These standards include mass and scale limitations which vary by
zoning districts. The proposed new use of Apartment Building, Limited is a combination of
use (homes) and restrained mass and scale to be similar to other configurations of homes which
are already included in the affected zoning districts. These will support the ability of future
development to be compatible with adjacent development and uphold the residential character
of the area.
Staff Report for the Bozeman Cohousing Text Amendment Page 9 of 20
I. Peculiar suitability for particular uses.
Yes. All of the affected zoning districts allow for multi-home structures. All have mass and
scale controls. The proposed use is residential as is the primary use of all affected zoning
districts. Therefore, the proposal is consistent with the basic purpose and character of the
affected zoning districts.
J. Conserving the value of buildings.
Yes. The use is consistent with existing uses in affected district. The mass and scale
standards are consistent with existing standards. Therefore, there should be no negative
impacts on adjacent buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed amendment will only apply in areas zoned for residential uses. The
affected zoning districts are implementing districts for the Urban Neighborhood future land
use category. Therefore, the use is consistent with the primarily residential character of the
Urban Neighborhood designated areas.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
Staff Report for the Bozeman Cohousing Text Amendment Page 10 of 20
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A conceptual application for site development in the R-3 district was submitted. During the
review the applicant discussed the standards and limits of the R-3 district. The applicant
desired to include in the project buildings beyond that allowed by the present R-3 district.
The Staff discussed the alternatives of a PUD or a text amendment to consider expanding the
alternatives within the R-3 district.
After consideration, the applicant submitted the amendment that is the subject of this staff
report. The amendment addresses not just the R-3 district but also the R-4, R-5, R-O zoning
districts. The proposed expansion of the R-3 district allowed uses enables a greater flexibility
in home design while continuing to constrain mass and scale similar to what is allowed in the
R-3 district. Apartment buildings without the limitations of the proposed use are already
allowed in the R-4, R-5, and R-O zoning districts.
The initial application materials are attached. After reviewing the proposed amendment Staff
determined a simpler structure could be created to achieve the primary objectives of the
amendment. The proposed language Staff recommends is included below.
Staff did not agree with the suggestion of the applicant to have the new use subject to the
same standards as a single through four household residence in section 38.360.210. Although
the mass and scale of the building will be restrained, the additional entryways, parking
configuration, and other issues are best suited if reviewed according to the standards of
Article 38.5. The possible range of building configurations is very large and the more
nuanced review standards of Article 38.5 can better address those nuances.
As addressed in the beginning of the applicant’s narrative, the intent of the application was to
be responsive to the general massing and scale of the R-3 zone while enabling additional
flexibility in the configuration of homes. The R-3 district presently authorizes up to four
homes in a single building with no maximum length limit or a group of up to five
townhouses or rowhouses so long as the townhouses or rowhouses do not exceed a length of
120 feet. See Table 38.310.030.A for the listing of uses by zoning district.
In considering the maximum allowed size for the structure in this amendment several
elements come into play:
1) Maximum length of 120 feet mirrors the existing standard for townhouse/ rowhouse
in R-3.
2) Area of dwellings individually and in total
3) Area of common spaces shared by those who living in the dwellings
Staff Report for the Bozeman Cohousing Text Amendment Page 11 of 20
To evaluate these elements Staff looked at all the townhouse building permits issued from
January 1, 2018 to November 10, 2020. There were 165 building permits. Of that number 28
did not have garages included within the building. This does not mean they did not have a
garage but that it was a detached structure not included with the building permit.
Townhouses were located on 21 streets within the NW, SW, and core areas of the
community.
A review of the building permit data shows the following. There is a considerable range in
home sizing, garage sizing, and a fairly tight similarity between the median and average sizes
for living area and combined area which is the combined living and garage area. The
permitted townhouses were primarily market rate homes but included approximately 30
homes in three different developments that were designated as affordable housing. It must be
noted that these are not the largest homes that could be constructed under the zoning in place
now but what is actually occurring.
Table 1 – Individual Dwelling and Garage Area Statistics
Metric Area per
home/garage in sq. ft.
Minimum Living Area 784
Maximum Living Area 2,790
Median Living Area 1,705
Average Living Area 1,749
Minimum Garage Area 0
Maximum Garage Area 570
Median Garage Area 470
Average Garage Area 356
Minimum Combined Area 784
Maximum Combined Area 3,140
Median Combined Area 2,131
Average Combined Area 2,109
The intent of the Apartment Building, Limited is to enable greater flexibility of home
configuration while maintaining a similar mass (overall bulk) and scale (proportion in size
between buildings) to a group of five townhouses as allowed in the R-3 zoning district. See
pages 1 and 2 of the applicant submittal. The applicant proposed a floor area of 10,000
square feet as a maximum size on page 6 of the applicant submittal. As shown in the Average
Combined Area line of Table 1, five average homes including both living area and garages
would be 10,545 sq. ft. Therefore, the 10,000 square foot size area proposed is consistent
Staff Report for the Bozeman Cohousing Text Amendment Page 12 of 20
with the character of a five townhouse or rowhouse grouping as are currently being
constructed.
The applicant did not address how to consider garage area in the proposed maximum size.
Staff determined that as a separated garage does not add the mass and scale of the home,
garage area should only be included in the proposed maximum area when it is included with
the main building. This is reflected in the footnote to table 38.320.030.A below. As can be
seen in the building permit data above, a garage can represent a significant fraction of the
floor area of a building.
The proposed standards only apply when a building would have between 5 and 8 homes. The
proposed standards would not apply to either a four home building or a standard apartment
building. Exploring various alternative configurations and using the sizing information in
Table 1 shows the following are in square feet per building under different scenarios.
Table 2 – Building Area Configurations and Comparison
Number of
Homes
Average Living
Area per home
Average
Combined
Area per home
Maximum
Living Area
per home
Maximum
Combined
Area per home
5 8,745 10,545 13,950 15,700
6 10,494 12,654 16,740 18,840
7 12,243 14,763 19,530 21,980
8 13,992 16,872 22,320 25,120
If the standards were applied as drafted and presented below, as the number of homes
increased the size of individual homes would need to be reduced to stay within the proposed
maximum size of 10,000 square feet of living area. The following table shows the maximum
area for combine home and garage or home only needed to stay within the proposed
maximum area. Since the common areas are outside of the maximum living area cap they are
not included in this table. The designer would need to decide whether an attached garage was
of sufficient importance to deduct living area to provide attached garages. Carports or
detached garages would not count against maximum building size.
As shown in the building permit review above, all of these sizes are within the ranges of
townhomes issued building permits in Bozeman since January 1, 2018. However, they are in
the smaller size portion of the range. An individual project could provide a mix of individual
homes sizes so long as the combined size of the building is not exceeded. Size of home is a
substantial, but not sole, factor in cost of housing. Should the City Commission consider it
appropriate they could allow a modestly larger maximum building bulk and remain
consistent with the overall massing as shown in Table 1.
Staff Report for the Bozeman Cohousing Text Amendment Page 13 of 20
Table 3 – Maximum Size Per Dwelling
As shown in Table 3, the maximum area stays the same. Therefore, the decision to include an
attached garage within the area allocated to a home will have a substantial impact on the
actual living area available. The area shown in Table 3 does not include area included in the
common spaces allowed with this new proposed building configuration.
A distinctive feature for this proposed land use is to provide a specific allowance for
common spaces within the principal building over and above that allowed as living area. That
allowance is capped (with an option to request a departure to adjust configuration but not
total size of a building) at 2,000 square feet. An area of 2,000 square feet is equal to a square
slightly over 44.7 on a side; or a rectangle of 33 by 60 feet. This area could be configured in
many ways including stair cases, laundry areas, or an enclosed open space like an atrium.
This allowance provides a maximum floor area of 12,000 square feet in a building. As
discussed above, the average for a five home townhouse or rowhouse group has an average
area of 10,545 sq. ft. Therefore, the additional common space allowance will enable a
modestly larger building than is typically being constructed at this time. However, it is also
not beyond the maximum which could be seen at this time. Therefore, Staff concludes the
combination of dwelling area size and common area size of 12,000 square feet is reasonable
and appropriate.
Table 38.320.020.A, shown below in the draft standards, assigns a minimum land area per
home. The numbers assigned result in an actual lot area equal to or very similar to other
allowed configurations of housing in the respective zoning districts.
Number of
Homes
Maximum
Combined
Area per Home
Maximum
Living Area
per Home
5 2,000 2,000
6 1,666 1,666
7 1,428 1,428
8 1,250 1,250
Staff Report for the Bozeman Cohousing Text Amendment Page 14 of 20
Draft Standards
Table 38.310.030.A Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-
S
R-
1
R-
2
R-
3
R-
4
R-
5
R-
O1 RMH
General residential
Accessory dwelling units*
- attached (38.360.040) P P P P P P P —
Accessory dwelling units*
- detached (38.360.040) P P P P P P P —
Apartments/apartment
building* — — — — P P P —
Apartment building,
limited4 — — — P P P P —
Cottage housing
(38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Staff Report for the Bozeman Cohousing Text Amendment Page 15 of 20
Manufactured home
communities* — — — — — — — P
Single-household dwelling
(38.360.210) P P P P P P P P
Two-household dwelling
(38.360.210) — — P P P P P —
Three household dwelling
or four-household
dwelling (38.360.210)
— — — P P P P —
Townhouses* &
rowhouses* (two attached
units)(38.360.240)
P
2 P2 P P P P P P 3
Townhouses* &
rowhouses* (five attached
units or less) (38.360.240)
— — — P
3 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Staff Report for the Bozeman Cohousing Text Amendment Page 16 of 20
Group living
(38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.135)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when the townhomes are used utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
4. a. Limited to five to eight dwellings in a single building.
b. Must not exceed 120 feet in width or length, 10,000 square feet in gross floor area within all dwellings combined, and 2,000 square feet in common interior spaces. Common interior spaces are not included in the calculation of the 10,000 square feet maximum floor area. Common interior spaces means enclosed spaces which are not exclusively used by occupants of a single dwelling. Examples include elevators, shared stairs, walkways, and mail rooms that serve multiple dwellings. Attached parking structures are included in the maximum dwelling floor area.
c. A departure may be granted to increase the proportion of area of common interior spaces to area of dwellings. An application for such departure must be processed per section 38.250.060. A departure must not increase the combined area of dwelling area and common interior spaces above 12,000 square feet.
Table 38.320.030.A Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is
subject to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the
corresponding number immediately following the table. If there are multiple numbers, then
all development conditions apply.
Staff Report for the Bozeman Cohousing Text Amendment Page 17 of 20
Use
Type/Standa
rd
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RM
H
Minimum lot area per dwelling (square feet)1 (38.320.030.A)
Single-
household
dwelling
4,00
0 1
4,00
0 1
4,00
0 1
4,00
0 1
4,00
0 1
3,00
0 1
4,00
0 1
3,00
0 1
Single-
household
dwelling
(only for
dwellings to
satisfy
minimum
requirements
of division
38.380 of this
chapter)
2,70
0
2,70
0
2,70
0
2,70
0
2,70
0
2,70
0
2,70
0
2,70
0
Two-
household
dwellings
— — 2,50
0 1
2,50
0 1
2,50
0 1
2,50
0
3,00
0 —
Two
household
dwellings
(only for
dwellings to
satisfy
minimum
requirements
of division
38.380 of this
chapter)
— — 2,50
0
2,50
0
2,50
0
2,50
0
2,50
0 —
Staff Report for the Bozeman Cohousing Text Amendment Page 18 of 20
Lot area per
dwelling in
three- or four-
household
dwelling
configuration
s
— — — 3,00
0
3,00
0
Non
e
3,00
0 —
Lot area per
dwelling in
three- or four-
household
dwelling
configuration
s (only for
dwellings to
satisfy
minimum
requirements
of division
38.380 of this
chapter)
— — — 2,50
0
2,50
0
Non
e
2,50
0 —
Townhouses
& rowhouses — — 3,00
0 2
3,00
0 3
3,00
0 3
Non
e
3,00
0 3 —
Townhouses
& rowhouses
(only for
dwellings to
satisfy
minimum
requirements
of division
38.380 of this
chapter)
2,50
0 3
2,50
0 3
2,50
0 3
2,50
0 3
2,50
0 3
Non
e
2,50
0 3
2,50
0
Apartments—
First dwelling — — — — 5,00
0
Non
e
5,00
0 —
Staff Report for the Bozeman Cohousing Text Amendment Page 19 of 20
Apartments—
Each
dwelling after
the first
— — — — 1,20
0
Non
e
1,20
0 —
Apartment
Building,
Limited –
each dwelling
— — — 3,00
0
2,00
0
Non
e
2,00
0 —
Apartments—
Each
dwelling after
the first (only
for dwellings
to satisfy
minimum
requirements
of division
38.380 of this
chapter)
— — — — 900 Non
e 900 —
Additional
area required
for an
accessory
dwelling unit
1,00
0 4
1,00
0
1,00
0
1,00
0
1,00
0
Non
e
1,00
0 —
All other uses 5,00
0 1
5,00
0 1
5,00
0 1
5,00
0 1
5,00
0 1
Non
e
5,00
0 1
5,00
0 1
Maximum lot area (net acres) (38.320.020.A)
Residential
use — — — 2.5 5 2.5 5 2.5 5 2.5 5 —
Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot.
Staff Report for the Bozeman Cohousing Text Amendment Page 20 of 20
2. Per townhouse lot or rowhouse dwelling.
3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Applicant: Bozeman COHO LLC, 318 S. 9th Avenue, Bozeman MT 59715
Representative: Erik Bonnett, 914 W. Babcock St., Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text amendment.
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
Public comment as received