HomeMy WebLinkAbout21- Professional Services Agreement - Clarion & Assoc. - UDC ReviewPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of March, 2021 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Clarion Associates, 1600 Stout Street, Suite 1700, Denver, CO
80202, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 28th day of February, 2022, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $139,980 (Budget detail in Exhibit A, Scope
of Services). Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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4. Ownership and Publication of Materials: All reports, information, data,
infographics and other materials prepared by the Consultant pursuant to this Agreement are owned
by the City. The City has authority to release, publish or otherwise use, in whole or part, reports,
information, data, infographics and other materials prepared by Consultant pursuant to this
Agreement. No material produced in whole or in part under this Agreement may be copyrighted or
patented in the United States or in any other country without the prior written approval of the City.
Contractor shall have the right to use products resulting from this Agreement in its marketing efforts.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA). Contractor shall maintain workers’
compensation coverage for all members and employees of Contractor’s business, except for those
members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
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Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
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Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
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Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
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Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Tanya Andreasen, Community Housing Program Manager or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Don Elliott, Director or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. The City expressly authorizes and consents
to the subcontracting of some portions of the work identified in Exhibit A to Groundprint, LLC and
Root Policy Consulting, a Colorado S Corporation. Any subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
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Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable
Housing Development and Preservation
FY 2021 – FY 2022
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by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than December 31, 2022.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Clarion Associates, LLC
CONTRACTOR
By________________________________ By
Jeff Mihelich, City Manager Print Name: Don Elliott
Print Title: Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
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Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency
Clarion Associates
303.830.2890
1600 Stout Street, Suite #1700
Denver, CO 80202
www.clarionassociates.com
Mr. Marty Matsen
Bozeman Community Development Director
20 East Olive St.,
P.O. Box 1230
Bozeman, MT 59771
RE: RFP for Bozeman Affordable Housing AHO and UDC Review and Recommendations
Dear Mr. Matsen:
Thank you again for choosing the Clarion Associates team to perform the services identified in the above
RFP for the City of Bozeman. We are excited about this project and the important challenges that it
seeks to address.
Following our selection, we have had two conference calls with you and project manager Tanya
Andreasen to discuss the most efficient and effective way to complete this work. In addition, we have
discussed your desire to integrate additional work to evaluate and recommend revisions to the City’s
Planned Unit Development (PUD) regulations as part of this work. As a result of those two
conversations, we recommend that the work be reorganized, and that the PUD-related work be
integrated, into the following Tasks and Sub-tasks.
Task 1: Background Research
1.1: Project Initiation (for Development Code, PUD, and AHO)
1.2: Background Research (for Development Code, PUD, and AHO)
Task 2: Development Code and PUD Audit
2.1: Stakeholder Engagement on Development Code and PUDs
2.2: Draft Report on Development Code/PUD Barriers to Affordable Housing
2.3: Public Presentation and Review
Task 3: AHO Review and Analysis
3.1: Stakeholder Engagement on AHO – reflecting Task 2 discussions
3.2: Draft Report on AHO improvement – reflecting Task 2 discussions
3.3: Public Presentation and Review
Task 4: Final Report and Recommendations
(covering recommendations for Development Code and revised text for PUD and AHO)
We also recommend that the timeline and budget submitted with our proposal be revised as shown on
the following page.
EXHIBIT ADocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
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Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency
2021 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1. Background Research
1.1 Project Initiation 1.2 Background Research
2. Development Code and PUD Audit
2.1 Stakeholder 2.2 Draft Report 2.3 Public Presentation and Review
3. AHO Review and 3.1 Stakeholder 3.2 Draft Report 3.3 Public Presentation and Review
4. Final Report and Recommendations
Draft Deliverable Final Deliverable
Affordable Housing Ordinance Revision: Bozeman, MT -- REVISED
Task Root Policy Groundprint Total
Team Member
Project
Manager
(Elliott)
Associate
(Garvin)
Associate
(Baker)
Principal
(Aggeler)
Director
(Riggs)
Billable Rate $/Hour $225 $180 $85 $175 $110
1.1 Project Initiation 8 4 4 8 8 32
1.2 Background Research 4 0 4 16 8 32
Task 1: Total Hours 12 4 8 24 16 64
Task1: Total Labor $2,700 $720 $680 $4,200 $1,760 $10,060
Task 2: Development Code and PUD Audit
2.1 Stakeholder Engagement 24 40 40 48 152
2.2 Draft Report 80 96 104 8 80 368
2.3 Public Presentation and Review 16 16 24 24 80
Task 2: Total Hours 120 152 168 8 152 600
Task 2: Total Labor $27,000 $27,360 $14,280 $1,400 $16,720 $86,760
3.1 Stakeholder Engagement 8 0 16 16 16 56
3.2 Draft Report 8 8 8 40 24 88
3.3 Public Presentation and Review 8 0 8 16 24 56
Task 3: Total Hours 24 8 32 72 64 200
Task 3: Total Labor $5,400 $1,440 $2,720 $12,600 $7,040 $29,200
Task 4: Final Report and Recommendations
Reommendations on Development Code
and Revisions to PUD and AHO 16 16 24 16 24 96
Phase 4: Total Hours 16 16 24 16 24 96
Phase 4: Total Labor $3,600 $2,880 $2,040 $2,800 $2,640 $13,960
Project Total Hours 172 180 232 120 256 960
Project Total Labor $38,700 $32,400 $19,720 $21,000 $28,160 $139,980
Meeting Logistics (and Possible Travel) Expenses
Total Labor and Expenses: Phase 1 and Phase 2 $139,980
Task 1: Background Research
Task 3: AHO Review and Analysis
Clarion Associates
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Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency
If you think this letter accurately reflects the revisions to the work scope, timing and budget that we
have discussed, please indicate your agreement by executing this letter in the space below.
Clarion Associates, LLC City of Bozeman, Montana
Don Elliott, FAICP By: _________________________
Director Its: _________________________
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
Director
Response prepared by:
RFP Response
Review and Amendments to
the Unified Development Code
to Support Affordable Housing Development and Preservation
City of Bozeman, Montana
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
2 Bozeman, Montana
1600 Stout Street, Suite 1700
Denver, CO. 80202
303.830.2890
www.clarionassociates.com
Bozeman Area Photos Credit:
Assorted Creative Commons Licensing
Attribution: Trace Nietert, Anders
Pearson, LB Larry, Tim Gage, Tim
Evanson, Dan Nguyen,
CONTENTS
TITLE PAGE 3
FIRM PROFILE &
PROJECT PERSONNEL 5
PROJECT TEAM 6
SCOPE OF PROPOSAL 10
• TIMELINE 14
BUDGET 15
RECENT WORK FOR
THE CITY OF BOZEMAN 16
REFERENCES 17
AFFIRMATION OF
NONDISCRIMINATION AND
EQUAL PAY 21
APPENDIX 22
• TEAM RESUMES
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| 3RFP: Review and Amendments to the Unified Development Code
January 14, 2021
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Attention: Mike Maas, City Clerk
RE: RFP for Bozeman Affordable Housing AHO and UDC Review and Recommendations
Dear Mr. Maas:
Clarion Associates, Root Policy Research, and Groundprint are pleased to present this proposal to perform
the consulting services described in the above RFP. We have assembled this team to provide the City of
Bozeman with an exceptional blend of national and local expertise in zoning, development regulations,
housing economics, and citizen engagement. More specifically:
•Clarion Associates is a national land use consulting firm based in Denver, CO that has completed morethan 220 zoning and development regulatory update projects throughout the U.S. over the past 28 years.
•Root Policy Research is one of the nations premier firms of housing economists and analysts, andhas often teamed with Clarion Associates to address both market and regulatory barriers to fair andaffordable housing.
•Groundprint is a Bozeman-based consulting firm with a long history of engagement with both the City ofBozeman and its neighborhoods and development community.
Together, the Clarion Team offers Bozeman a wealth of experience about best practices in both affordable
housing and zoning regulations, as well as a long track record of successful stakeholder engagement and
consensus-building on these complex topics (even under the constraints of the COVID-19 pandemic).
We are genuinely excited by this project and the opportunities it presents to increase the supply of
affordable housing in Bozeman. We hope you give this proposal careful consideration, and that you feel free
to ask any clarifying questions or to suggest changes in our scope of work, timeline, or budget that you think
would better meet Bozeman’s needs. We look forward to working with you.
Sincerely,
Don Elliott, FAICP Director
delliott@clarionassociates.com
(303) 830-2890 ext. 26
1600 Stout Street, Suite 1700
Denver, CO. 80202
303.830.2890
www.clarionassociates.com
TITLE PAGE
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EXECUTIVE SUMMARY
Affordable housing is one of the most difficult
challenges facing cities throughout the U.S. and one
that cannot be addressed successfully without a
thorough understanding of both housing economics
and regulatory barriers to new housing construction.
The Clarion Team includes both the national
experience and local knowledge to do that.
The pages below outline our approach to this very
worthwhile project, as well as our proposed scope
of services, timeline, and budget. The Clarion Team
generally agrees with the Phases and Tasks described
in the RFP, and think they represent a logical approach
to this work. We suggest one change, namely, the
combination of RFP Tasks 1.5 and 1.6, so that the
AHO Report will include both recommendations for
change and the proposed text of those changes. In
our experience, it is easier for reviewers to understand
the implications of narrative recommendations if they
can also review the actual proposed text revisions at
the same time. Although this proposal reflects the RFP
request to conduct Project Initiation and Background
Research separately for Phases 1 and 2 (Tasks 1.1,
2.1, 1.2, and 2.2), we would also be happy to combine
some of these Tasks to save time and project budget
for other Tasks.
The Clarion Team is particularly excited to work
with Bozeman on these analyses and
recommendations because the project draw on our
core strengths and interests. Crafting a successful
affordable housing strategy requires not only the
analytical skills related to housing economics and
zoning regulations, but also national experience on
how other cities have addressed the challenge of
affordable housing, whether they were successful, and
why or why not. Root Policy Research brings to
Bozeman a deep pool of experience and examples of
which Affordable Housing Ordinances (AHOs) work,
and which do not. They also understand the reasons
why unsuccessful AHOs fail.
Clarion Associates has a similarly extensive track
record with Unified Development Codes. Through
our work around the U.S. and Canada, we know how
zoning, subdivision, and development regulations
can create serious barriers to the construction or
renovation of affordable housing, and we know how
to modify or remove those barriers. More importantly,
we know what does not work – i.e. what regulatory
changes sound good but will not make a meaningful
change in the supply of affordable housing. As in the
case of housing economics, it is just as important to
know what zoning “fixes” do not work, and to spot
and avoid those mistakes through candid, fact-based
communications throughout the process.
Groundprint adds to the depth of our team by
bringing on-the-ground experience working with
the City of Bozeman and its neighborhoods and
development community. This experience will help
us to understand the City’s values and ensure that we
engage with a broad and inclusive range of affected
stakeholders and the community in general.
These decades of experiences give the Clarion Team
the ability to tailor our advice and recommendations
to the unique context of each of our partner
communities – and make us particularly excited to
assist Bozeman with this work. We believe that the
proposal below will result in exceptionally effective
revisions to both the AHO and the UDC with broad
public understanding and support, but we are ready to
discuss any changes that Bozeman feels would better
meet the City’s needs.
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| 5RFP: Review and Amendments to the Unified Development Code
FIRM PROFILE & PROJECT PERSONNEL
CLARION ASSOCIATES
1600 STOUT ST, SUITE 1700 DENVER, CO. 80202 www.clarionassociates.com
Clarion Associates is a national land-use consulting
firm with offices in Denver and Chapel Hill and affiliated offices in Philadelphia and Cincinnati. Founded in 1992, Clarion is known for its expertise in comprehensive planning, zoning, and plan implementation. Founded in 1992, the firm has been working in the areas of housing policy and the promotion of fair and affordable housing since its inception. The firm specializes in:
• Innovative development codes;
• Plan implementation;
• Inclusive citizen engagement;
• Sustainable development codes;
• Web-based plans and codes; and
• Historic preservation plans and ordinances.
The firm has updated over 220 zoning, subdivision,
and unified development codes in over 200 communities, almost all of which have been adopted
and implemented. The firm has particular expertise
in promoting housing diversity and reducing barriers
to affordable housing development. Almost all of
our development code projects involve affordable
housing development by increasing the diversity
of housing allowable in different neighborhoods,
adopting market-based affordable housing incentives,
and streamlining the procedure for attainable
and affordable housing projects. Recent Unified
Development Code projects that have addressed
these issues have included work in Bloomington, IN,
Rochester MN, Colorado Springs, CO, and Boise, ID,
among others.
The firm has a staff of 17 and annual revenues of approximately $3.1 million. Clarion is currently working on planning and zoning projects and related studies in approximately 40 communities. A sample of our partner communities is shown on the map below, and a full list is shown in the Appendix to this proposal.
STAFF TO MEET
THE NEEDS OF
OUR CLIENT
21
COMMUNITIES
YEARS OF
EFFECTIVE LAND
USE SOLUTIONS
2817
ZONING & LAND USE
DEVELOPMENT
CODES
DIVERSE
COMMUNITIES
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ELIZABETH GARVIN, ESQCODE ANALYSIS & DRAFTING
JENNY BAKER, AICPCODE ANALYSIS & PUBLIC ENGAGEMENT
DON ELLIOTT, FAICPPROJECT MANAGER, ANALYSIS & QUALITY CONTROL
SUSAN RIGGS, AICPLOCAL GOVERNANCE & PUBLIC ENGAGEMENT
HEIDI AGGELER AFFORDABLE HOUSING ORDINANCE ANALYSIS
ROOT POLICY
6740 E COLFAX AVE, DENVER, CO 80220
www.rootpolicy.comRoot Policy Research has a wealth of experience with all aspects of housing studies, including housing market analyses, strategic housing plans, fair housing analyses, and Consolidated Plans for Housing & Community Development.
Root Policy Research is a women-owned business founded by two partners at BBC Research & Consulting (BBC), Heidi Aggeler and Mollie Fitzpatrick. Heidi joined BBC in 1998 and, during her 20 year tenure at the firm, expanded BBC’s housing division into a nationally recognized fair housing consulting practice. Mollie has led the development of the data- and impact-modeling areas of the practice, in addition to expanding the firm’s policy focus into the areas of childcare, education, neighborhood-level equity, and economic mobility.
Root Policy has worked with Clarion on Analysis of Impediments to Fair Housing and Affordable Housing in Texas, Nevada, Idaho, and Oregon
GROUNDPRINT, LLC
280 W KAGY BLVD STD D #236 BOZEMAN, MT 59715
www.groundprint.com
A quality place is made up of connected
neighborhoods with a mix of housing types, green
spaces, art, thriving commerce, and engaged citizens.
Groundprint, LLC is a Bozeman, MT based consulting
firm that specializes in helping cities and non-profits
play a stronger role in community development.
Clients have included the City of Bozeman, the Human
Resource Development Council (HRDC) and the
Downtown Partnership. Areas of expertise include
long-range planning, master planning, code writing,
urban design, land use consulting and entitlements.
PROJECT TEAM
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| 7RFP: Review and Amendments to the Unified Development Code
Master of City and Regional Planning, Harvard J.F.K. School of Government, Harvard Law School, Juris Doctor, Cum Laude
Bachelor of Science, Yale University, Summa Cum Laude
Harvard/MIT Joint Center for Urban Studies, Nathaniel Rogg Fellowship
Don Elliott is a Director in Clarion’s Denver office. Don’s practice focuses on plan implementation, zoning, development regulations, affordable housing, fair housing, and international urban development. Prior to joining Clarion, he was Project Director for the Denver Planning and Community Development Office. Don has also advised numerous local governments in Russia on land use issues, served as Democracy and Governance Advisor for USAID in Uganda, completed research projects on planning and slum upgrading issues in India, and drafted zoning regulations for Ulaanbaatar, Mongolia. Locally, Mr Elliott has served as the editor of Colorado Land Planning and Development Law for over 25 years and is a member of the Denver Planning Board. He also teaches a graduate course in Land Development Regulations at the University of Colorado at Denver College of Architecture and Planning.
Master’s in Urban Policy & Planning, University of Illinois at Chicago
Bachelor of Arts in French Language & Literature,University of Pennsylvania, Philadelphia
Jenny Baker was previously a land use planner in Missoula, Montana before joining Clarion. She brings several years of experience with implementation of land use codes and regulations. As Missoula’s senior planner, she handled complex land use requests including subdivisions, zoning amendments, special uses and annexations. Prior to her experience in the planning field, she spent 10 years with the American Red Cross and FEMA’s Region V, focusing on resiliency planning, and responding to over 50 disasters around the US. Her areas of interest include sustainable transportation, housing affordability, and historic preservation. She brings considerable expertise with community engagement, writing, and public speaking.
DON ELLIOTT, FAICP
DIRECTOR
PROJECT MANAGER, ANALYSIS & QUALITY CONTROL
JENNY BAKER, AICP
CODE ANALYSIS & PUBLIC
ENGAGEMENT
Representative Projects
• Affordable / Fair Housing Regulatory Review | State of Idaho, State of Nevada, State of Texas, State of Oregon, Anchorage, AK
• Integrated Development Ordinance | Albuquerque, NM
• Consolidated Zoning/Subdivision Ordinance | Indianapolis, IN
• New Zoning Code | Philadelphia, PA
• Zoning Code Revision | Detroit, MI
• Zoning Ordinances | Kalamazoo MI, Columbia MO, Lake Havasu City AZ, Bainbridge Island WA, Rochester MN, Fairfax County VA, Brunswick ME, Ann Arbor, MI
• Development Codes | Fort Wayne/Allen County IN, Lake Oswego OR, Hillsboro OR, Bloomington, IN, Aurora CO
Representative Projects
• Comprehensive Plan & Code | Clark County, NV
• Land Use Regulations Rewrite | Eagle County , CO
• Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI
• Code Rewrite | McKinney, TX
• Sign Code Rewrite | Albany, NY
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8 Bozeman, Montana
Master of Urban Planning, University of Kansas
Juris Doctor, University of Kansas
Elizabeth Garvin is the Community ReCode Founding Principal and she
works in the Denver office. Elizabeth is both an attorney and a planner
and she has practiced in both disciplines. She has prepared both
traditional and FBC/hybrid code update projects for cities, towns, and
counties across Colorado and the country; drafted topic-specific code
provisions covering issues such as ADUs, sustainability, and signs; served
as an expert witness on land use issues; and organized and undertaken
numerous code-related public participation processes. Prior to founding
Community ReCode, Elizabeth was the Planning Director for SAFEbuilt
Studio, practiced law with Spencer Fane, and worked as a senior staff
member at Clarion Associates.
Ms. Garvin is a frequent speaker and author on planning and regulatory
topics, including serving as an advisory board member for the Rocky
Mountain Land Use Institute as well as RMLUI’s legal columnist to the
Western Planner. Recently, Elizabeth co-authored the April 2018 APA
Zoning Practice article entitled Living with Form-Based Codes and
presented on the same topic at the 2018 APA National Conference in New
Orleans. She was a co-presenter at the Bettman Symposium on Equity and
Zoning at the 2019 APA National Conference.
M.P.A. in Policy Analysis, Humphrey Institute, University of Minnesota
Bachelor of Arts in Accounting, University of Utah
Heidi Aggeler started her research and consulting career as an economic analyst at the Federal Reserve and an auditor for the Federal Deposit Insurance Corporation (FDIC). She joined her former firm in 1999, became a partner in 2002, a Managing Director in 2006, and started Root Policy Research in 2018. Heidi has been managing housing research projects since 1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently hired to assist communities with strategic plans to achieve housing balance.
ELIZABETH GARVIN, ESQ
AFFORDABLE HOUSING REGULATIONS
Representative Projects
• Development Code Assessment and Sign Code Update | Pasco, WA
• Zoning Code Updates | Billings and Yellowstone County, MT
• Downtown Vision Plan and Zoning Code Update | Cedar Falls, IA
• Land Use Code update | Larimer County, CO
• Land Use Code update | Parker, CO
• Unified Development Code and Sign Code | Branson, MO
HEIDI AGGELER
AFFORDABLE HOUSING ORDINANCE ANALYSIS, HOUSING ECONOMICS
Representative Projects
• Colorado Strategic Plan Facilitation | Boulder County, CO
• Housing Strategy | Westminister, CO
• Baltimore Regional Zoning Barriers Review | Baltimore, MD
• New Mexico Housing Needs Strategic Plan and Best Practices Analysis | Las Cruces, NM
• Denver Zoning Incentives Study | Denver, CO
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| 9RFP: Review and Amendments to the Unified Development Code
Bachelor of Arts in Urban & Environmental Planning, University of Virginia School of Architecture
Susan Riggs, AICP, will serve as a local planner and advisor for this project. Susan has uniquely experienced the public, private, and non-profit sectors in Bozeman over the past 19 years. With a degree in Urban & Environmental Planning from the University of Virginia School of Architecture, Susan began her professional life in 2001 working as a planner for the City of Bozeman where she developed a strong knowledge of the complexities of implementing land use regulations and municipal plans through managing both current and long-range planning projects. In the private sector, working for a local architecture firm for nine years, she concentrated on site and neighborhood design, master planning, municipal and county entitlements, design review programs, feasibility studies, and technical assistance grants. In 2017, Susan established GroundPrint, LLC, to focus on helping cities and the community development branches of non-profits navigate the design and planning process. As an advocate for the Jeffersonian spirit of community and participation, Susan has served on the North 7th Urban Renewal Board and the Gallatin County Planning Board. She also was a member of the recent Gallatin County team that was selected to participate in the “Community Builders: Building Better Places” workshop.
Representative Projects
• Stewart Homes Affordable Housing Master Plan | Helena, MT
• Zone Text Amendment to establish “Residential Emphasis Mixed Use” (REMU) new zoning district | Bozeman, MT
• Downtown Bozeman Technical Assistance Grants | Bozeman, MT
• Valley West | Bozeman, MT
• The Lakes at Valley West, Phases 1 & 2 | Bozeman, MT
• South Rouse (Park)ing Lot Redesign | Bozeman, MT
• Zone Text Amendment to add provisions for way-finding signage | Bozeman, MT
• Olive & Wallace Renovation | Bozeman, MT
• Goetz Law Firm Addition |Bozeman, MT
• Block M Townhomes |Bozeman, MT
• Element Hotel Consulting | Bozeman, MT
• Bozeman Birth Center |Bozeman, MT
• Greenway Group Living Facility for Reach, Inc. | Bozeman, MT
• North Tracy Group Living Facility for Reach, Inc. | Bozeman, MT
• HRDC’s West Edge Condominiums Phase 2 |Bozeman, MT
Work completed under City of Bozeman Community Development
(2001-2006)
• Project planner for subdivisions, commercial & mixed-use developments
• Administrative Design Review Staff for entryway corridors and historic districts
• Planner for establishment of Tax Increment Financing (TIF) District for North 7th
• Event coordinator for annual Clean Up Day, Awards Ceremony & Staff Retreats
• Staff liaison to Beautification Advisory Board & North 7th Urban Renewal Board
• Co-author of Bozeman Creek Neighborhood Plan
• Artist for illustrated appendix to zoning ordinance
SUSAN RIGGS, AICP
LOCAL GOVERNANCE & PUBLIC
ENGAGEMENT
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SCOPE OF PROPOSAL
GENERAL APPROACH
Getting affordable housing right is very difficult, and
Bozeman is not alone in finding that regulations and incentives designed to promote affordable housing often have limited impact. In fact, that is the norm across many U.S. communities. The Clarion Team believes that the keys to drafting a modern effective affordable housing program are:
• Sound Economics – Understanding the true costs of
developing housing
• Removing Barriers – Focusing first on removing
zoning and other regulatory barriers that are reducing the production of affordable housing
• Realistic Incentives – Ensuring that any incentives
offered are strong enough to induce real market change
In short, because there is never enough public money to bridge the gap between the supply and demand for affordable housing, it is essential to allow the market to meet as much of that supply as possible – and that requires regulatory change based on market realities. This is especially true in Bozeman where Community Housing Needs Assessment calls for 6,000 new homes in five years. The Clarion Team has a deep understanding of both housing economics and the regulatory and financial tools needed to do just that.
In the drawing below, the red arrow represents levels of affordability that can be achieved by the private market, and the blue bar represents levels of affordability that cannot be achieved without some form of assistance. Revising development codes to remove barriers can move the black line to the left to allow the market to meet a greater share of housing need, and revising affordable housing ordinances
can ensure that available funds are used as efficiently as possible to meet more of that need. The Clarion Team’s job is to help Bozeman achieve that.
DETAILED SCOPE OF SERVICES
The Clarion Team’s proposed Scope of Services is
shown below. We think Bozeman’s approach to this project is logical and straightforward, and we have accepted the proposed Tasks in both Phase 1 and Phase 2 with only one change. We recommend that within Phase 1, Tasks 1.5 and 1.6 be combined so the AHO Report and specific recommended ordinance revisions can be considered together, which will improve the quality of discussion around those recommendations and result in a more efficient use of the project budget. The Clarion Team is prepared to perform each of those tasks as stated in the RFP. In the pages below we do not repeat each RFP statement of the Task, but instead add our insights and comments about how we would perform the task and why our expertise is particularly well matched to Bozeman’s need for that service.
“Of all of the consulting firms that I have
worked with in the past 25 years in both the
private and public sectors, Clarion is ranked
at the top of my list. I highly recommend
them to any entity seeking the most
professional, knowledgeable, comprehensive and innovative solutions to local/regional planning and development regulation needs.”
Ralph Becker, FAICP, Former Mayor,
Salt Lake City, UT
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| 11RFP: Review and Amendments to the Unified Development Code
PHASE 1 - AHO ANALYSIS
TASK 1.1: PROJECT INITIATION
This task will be performed as stated in the RFP.
The Clarion Team approach is to form close
partnerships with the City’s project management
staff and Community Engagement Team, and
coming to a common understanding about project
scope, management, the engagement strategy,
and potentially difficult issues early in the process
is important to success. We follow this up with
scheduled weekly or bi-weekly calls to ensure that
project tasks are going smoothly and to make
mid-course corrections as needed.
Timing: February 2021
TASK 1.2: BACKGROUND RESEARCH
As noted above, it is essential that all work related to affordable housing be grounded in sound information about how the housing market is and is not performing, as well as the regulatory environment in which it is operating. We will use the new Community Housing Hub as well as review each of the documents listed in the RFP, ask questions about how the documents are administered in practice, and ensure that we have a common understanding of these plans and regulatory frameworks – particularly as they related to the 2019 Community Housing Needs Assessment and the 2020 Community Housing Action Plan. This task will draw on Clarion Project Associate Jenny Baker’s four years of experience working as a planner in Montana, as well as Susan Riggs’ deep understanding of Bozeman’s governance framework and practices.
Timing: February 2021
TASK 1.3: STAKEHOLDER ENGAGEMENT
Effective and candid community engagement is a process not an event and will be critical to this effort, and the Clarion Team has almost 30 years of experience tailoring our approaches to the needs and practices of each of our partner communities. In this case, we will align our efforts with the Draft Bozeman Community Engagement/Collaborative Governance document and focus on creating an effective, meaningful and inclusive community engagement plan early in the process in collaboration with the City. Because at least part of this work will take place during the continuing constraints of the COVID-19 pandemic, all engagement efforts must be designed to respect CDC, state, and local guidance regarding public health. The Clarion Team’s ability to appear in person will be limited during the early
months, but may change over the course of the
project, and that will require a flexible and creative
engagement strategy. Experience shows that a
adaptable approach to stakeholder engagement is
also important because it allows project leadership to
continually redirect efforts to ensure that low-income
households, BIPOC (black, indigenous, people of
color) households and persons with disabilities
are fully and thoughtfully engaged throughout the
process. Our design and conduct of engagement
events will draw on Susan Riggs’ presence in Bozeman
and her knowledge of the community as well as her
recent professional work on the Community Platform,
the City Engagement Report, and the PUD Relaxation
Report.
In general, our experience is that the following
elements are key to an effective stakeholder
engagement program when in-person meetings and
conversations are not possible.
• Website. An effective website presence – usually
hosted on the City’s website – where the project
team can post schedules, upcoming events, drafts
of deliverables for public review, deliverable
summary memos, and Frequently Asked Question
sheets, and where the public can make comments
and sign up for future notices related to the project.
• Social Media. While not a good forum for
substantive discussions regarding complex
issues like affordable housing, social media (and
particularly Instagram, Facebook, and Twitter) have
proven effective means to reach a broader range
of stakeholders, announce future virtual meetings
and the availability of drafts for review, and to
direct stakeholders to the project website for more
detailed information.
• Virtual Meetings. Since 2017, the Clarion Team
has developed significant experience conducting
interviews, briefings, and hearings using on-line
platforms such as Zoom and Microsoft Teams,
with good results. We also use software platforms
such as MentiMeter, Konveio, and Slido to allow
virtual participants to see their individual comments
appear alongside others during virtual events, and
to participate in identifying themes among the
responses, which promotes transparency and can
help build consensus. In some cases, the use of
chat boxes and question-and-answer features also
allow quieter stakeholders (or those that prefer
anonymity) to engage more meaningfully than they
could in a large in-person meeting or open houses.
We have also been effective in using breakout
rooms to encourage participants to speak up when
they might have been unwilling to speak in larger
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virtual environments. Our goal is to make these
meetings welcoming and easily accessible to all
those who are interested in participating.
• Meeting Stakeholders Where They Are.
Increasingly, we find that one of the most effective
way to engage key stakeholders (and particularly
traditionally un-engaged stakeholders) is to ask to
participate in regular meetings of neighborhood
groups, advisory boards, non-profits (such as HRDC
or the Headwaters Community Housing Trust),
student organizations, business associations, and
interest groups. This creates a non-threatening
channel for increased participation at an event that
participants have on their calendars anyway, with
colleagues they know. This requires significant
advanced planning and absorbs an increasing share
of available public engagement funds, but it turns
out to be very effective and is in line with one of the
City’s Guiding Principles from the Draft Community
Engagement/ Collaborative Governance document
that “The City goes to the community as well as
invites the community into City spaces.”
Clarion Associates and Groundprint will prepare
required presentation materials and facilitate
stakeholder engagement sessions.
Timing: February - March 2021
Deliverables: Community Engagement Matrix
TASK 1.4: ANALYZE THE AHO
Clarion Associates will work closely with Root Policy Consulting to review the Affordable Housing Ordinance – as well as its alignment with the Unified Development Code – as stated in the RFP. Root Policy has a national reputation as a knowledge leader in effective affordable housing strategies – and has drafted and revised affordable housing strategies for communities as diverse as Lawrence, KS, Aurora, CO, and Travis County, TX . Clarion Associates worked closely with Root Policy recommend updates to affordable housing strategies in Albany, NY, Dallas, TX, several counties in Idaho, and the states of Oregon and Nevada. We have also prepared affordable housing best practices reports and alternatives analyses for;
• Boulder, Denver, Fort Collins, and Pitkin County (Aspen), CO,
• Boise, ID,
• Las Cruces, NM,
• Teton County (Jackson Hole), WY, and
• Palm Beach, Marathon, and Lee County, FL.
This extensive experience will allow the Clarion Team to quickly and efficiently evaluate specific aspects of the Bozeman Affordable Housing Ordinance that
deviate from emerging best practices or explain why
that ordinance has produced so little affordable
housing over the past years.
Timing: February - April 2021
TASK 1.5: FINAL AHO REPORT
Based on the results of Tasks 1.2, 1.3, and 1.4, the
Clarion Team will prepare a preliminary report
documenting our analysis of, and recommended
changes to, the Affordable Housing Ordinance. To
improve the ability of stakeholders to understand
the implications of these recommendations, this
document will also include our recommendations
for specific changes to the AHO text to implement
the recommendations. The report and
recommended AHO revisions will be presented
to the Bozeman Planning Board, Bozeman Zoning
Commission, Historic Preservation Advisory Board,
Community Affordable Housing Advisory Board,
Interneighborhood Council, and City Commission
for review and discussion before work on Phase 2
begins. We would also like to consider reconvening
the Bozeman Community Housing Action Plan
Working Group for their input. The Discussion points
raised by these groups will be presented to the City
Commission, and the recommendations of the City
Commission will be integrated or annotated into a
final report and recommendations document.
Timing: April - June 2021
Deliverables: Preliminary AHO Report and Recommendations
Final AHO Report and
Recommendations
Community Engagement Matrix
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| 13RFP: Review and Amendments to the Unified Development Code
PHASE 2 - CODE ANALYSIS
TASK 2.1: PROJECT INITIATION
This Task will be performed as outlined in the RFP and
in the same manner described for Task 2.1 above,
in order to ensure that Phase 2 work accurately
reflects Final AHO report and direction from the City
Commission.
Timing: June 2021
TASK 2.2: BACKGROUND RESEARCH
This Task will be performed as described in the RFP, and its scope will be limited to any background materials not already reviewed in Task 2.2.
Timing: June - July 2021
TASK 2.3: STAKEHOLDER ENGAGEMENT
The Clarion Team will perform this Task using similar outreach and engagement tools identified in Task 1.3 and the process will also align with the Draft Bozeman Community Engagement/Collaborative Governance document. While including all those groups identified in the RFP, this outreach effort will draw on the local knowledge of Susan Riggs to also include developers, non-profits, and the very active local design community of architects, planners, and engineers. We also plan to analyze the existing ideas and comments related to affordable housing listed on the Community Platform. Clarion Associates conducted similar outreach and engagement for Enterprise Housing and the City and County of Denver during the development of the new Denver Zoning Ordinance, and the results significantly influenced the design of that ordinance. One of the key tools that the Clarion Team brings to this task is the ability to describe alternative zoning and development regulations used by other cities throughout the U.S. and to draw out stakeholder opinions about how well that approach might work (or not work) in Bozeman. Stakeholder engagement works best when participants can get beyond general statements about what they like and do not like about a development code, and can instead offer thoughtful advice about the advantages and disadvantages of potential alternatives.
Clarion Associates and Groundprint will prepare required presentation materials and facilitate stakeholder and community engagement sessions.
Timing: July – September 2021
Deliverables: Community Engagement Matrix
TASK 2.4: ANALYZE THE DEVELOPMENT CODE
Task 2.4 addresses the heart of this important topic
– how Bozeman’s Unified Development Code could
be revised to better align with the Affordable Housing
Ordinance and to allow the private development
market to produce more affordable housing in
ways that are economically realistic and politically
supportable. Over the past 28 years, Clarion
Associates has completed over 80 evaluations of
zoning, subdivision, and development codes around
the U.S. and Canada, and in recent years almost
all of those evaluations have included the removal
of barriers to diverse, innovative, and affordable
housing. Our analysis will cover all 15 topics listed
in the RFP but will also include opportunities for
more mixed-use development (which can open up
additional opportunities for internal cross-subsidies),
maximum lot coverage requirements, landscaping
standards, and clustered development standards and
incentives.
As noted earlier, the Clarion Team approach focuses:
• First – on Removal of Barriers, because many of
the obstacles to affordable housing are buried in
old requirements that simply need to be modified,
reorganized, or removed. With (usually) the best
of intentions, planning, zoning, subdivision, and
public works standards are significant contributors
to rising housing costs, and removing those
obstacles can have a very dramatic impact on
housing costs.
• Second – on Designing Effective Incentives,
because everyone prefers a carrot to a stick,
and well designed, market-realistic incentives
calibrated to support an AHO can and do induce
developers to build more affordable housing
products.
• Third – on Adding New Regulations, because each
new regulation requires training, implementation,
and enforcement, all of which cost money that can
(directly or indirectly) drive up the costs of housing.
Incidentally, while discussions about revising zoning regulations for affordability often focus on the physical aspects of development (such as building heights, intensities, and parking) our experience is that many of the most important zoning barriers are procedural and/or organizational. More specifically, we have found that many housing projects designed to be more affordable instead become significantly less affordable because of the time, effort, expense, and uncertainty in the development review process. Another example in Bozeman is that while many alternatives to a “household” are technically allowed,
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they are buried in the text of the document. The
RFP identifies this issue as Task 2.4 points j. (Review
processes for discretionary and of-right review) and n.
(Procedural Adjustments and Subsidies), and we will
pay particular attention to these topics.
Timing: August – September 2021
TASK 2.5: DRAFT FINAL REPORT
Based on the results of Tasks 2.2, 2.3, and 2.4, the
Clarion Team will prepare a final report documenting
our analysis of, and recommended changes to, the
Bozeman Unified Development Code. The Clarion
Team will first provide a preliminary report for
City staff, revise the report in response to public
comments, and then prepare a revised final report
for presentation to the Bozeman Planning Board,
Bozeman Zoning Commission, Historic Preservation
Advisory Board, Community Affordable Housing
Advisory Board, Interneighborhood Council, and City
Commission for review and discussion.
Timing: October - December 2021
Deliverables: Preliminary UDC Report and
Recommendations
Final UDC Report and
Recommendations
Community Engagement Matrix
TIMELINE
2021
FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1. ANALYSIS OF AHO
1.1 Project Initiation
1.2 Background Research
1.3 Stakeholder
Engagement
1.4 Analyze the Affordable
Housing Ordinance
1.5 Final AHO Report &
Revisions
2. UDC AUDIT
2.1 Project Initiation
2.2 Background Research
2.3 Stakeholder
Engagement
2.4 Analyze UDC &
Associated Standards
2.5 Draft Final Report
Draft Deliverable Final Deliverable
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“Clarion’s approach to this complex and highly
political project was both technically sound and
adaptable to changing conditions. Throughout
the project Clarion was professional,
knowledgeable, effective, efficient, and easy
to work with. Clarion was an excellent partner
with the City and always worked cooperatively
to provide guidance, address concerns, and
solve problems.”
George Adams, CNU-A, Director, Planning and
Development Services Department
BUDGET
Affordable Housing Ordinance Revision: Bozeman, MT
Task Root Policy Groundprint Total
Team Member
Project
Manager
(Elliott)
Associate
(Garvin)
Associate
(Baker)
Principal
(Aggeler)
Director
(Riggs)
Billable Rate $/Hour $225 $180 $85 $175 $110
1.1 Project Initiation 8 4 4 8 8 32
1.2 Background Research 4 0 4 16 8 32
1.3 Stakeholder Engagement 8 0 8 16 16 48
1.4 Analyze the Affordable Housing Ordinance 8 0 4 24 16 52
1.5 Final AHO Report & Revisions 16 4 8 40 8 76
Phase 1: Total Hours 44 8 28 104 56 240
Phase 1: Total Labor $9,900 $1,440 $2,380 $18,200 $6,160 $38,080
2.1 Project Initiaton 8 0 0 0 8 16
2.2 Background Research 16 16 16 0 0 48
2.3 Stakeholder Engagement 16 16 16 0 16 64
2.4 Analyze the UDC and Associated Standards 24 24 32 0 16 96
2.5 Draft Final Report 32 40 40 8 8 128
Phase 2: Total Hours 96 96 104 8 48 352
Phase 2: Total Labor $21,600 $17,280 $8,840 $1,400 $5,280 $54,400
Project Total Hours 140 104 132 112 104 592
Project Total Labor $31,500 $18,720 $11,220 $19,600 $11,440 $92,480
Meeting Logistics (and Possible Travel) Expenses $7,500
Total Labor and Expenses: Phase 1 and Phase 2 $99,980
Phase 1: Analysis of Bozeman's Affordable Housing Ordinance
Phase 2: Bozeman Unified Development Code Audit
Clarion Associates
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REFERENCE
Dani Hess, Neighborhoods Program
Coordinator
dhess@bozeman.net
406-595-6585
REFERENCE
Marty Matsen, AICP, Director Community
Development
mmatsen@bozeman.net
406-589-5480
RECENT WORK FOR THE CITY OF BOZEMAN
NEIGHBORHOOD ENGAGEMENT REPORT
City of Bozeman, July 2020
Groundprint, LLC created a report and infographics for the Bozeman Neighborhoods Division to help city-wide efforts to broaden and deepen public engagement. Surveyed peer cities included Bend, Oregon, Corvallis, Oregon, Flagstaff, Arizona, Fort Collins, Colorado, and Vancouver, Washington. Data collection methods involved an online survey, interviews, and data analysis from the American Community Survey. The report focuses on emerging themes related to government structure, engagement tools, inclusion strategies and metrics, and is intended to be a reference guide for the Neighborhoods Division.
PLANNED UNIT DEVELOPMENT RELAXATION REPORT
City of Bozeman, Dec 2020
Groundprint, LLC generated a report to address the first action item identified in the Planned Unit Development strategy of the City of Bozeman’s Community Housing Action Plan, specifically to “evaluate past PUD relaxation approvals.” The analysis explores Bozeman’s historical use of PUDs in relation to housing affordability and investigates past relaxation approvals to identify common elements and themes among the projects. The study yielded twelve detailed code recommendations and outlined specific future steps.
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REFERENCES
REFERENCE
Bill Collins,
former Planning Director,
Teton County
307.690.4436
collinsplanning@onewest.net
TETON COUNTY, WYOMING
Affordable Housing Support Study and
Implementation Legislation
Clarion served as the lead consultant in the design of the initial support study and inclusionary housing for Jackson/Teton County in the mid-1990s. This effort, a first in Wyoming, required legal analysis, the piecing together of a nexus between the increases in land/housing values and the housing market in Teton County, establishment of moderate and low income levels, and the development of an in-lieu fee based upon proportionate share principles. In 2002-2003, Clarion worked in conjunction with the Teton County Planning Department in developing the necessary support documents to update the Affordable Housing Support Study, and Mr. Richardson drafted the revised legislation.
Between 2004 and 2006, Mr. Richardson served as special legal counsel to the Teton County Attorney in successfully defending several legal challenges to the inclusionary housing requirements adopted by Teton County, in state court. One of the challenges was successfully defended before the Wyoming Supreme Court. In 2013, Clarion led a team of economists and planners in updating the county’s nexus study.
TRAVIS COUNTY, TEXAS
Texas Housing Needs Analysis
In 2019, Heidi Aggeler and Mollie
Fitzpatrick conducted a housing
needs analysis for both the City
of Austin and Travis County.
This countywide study evaluated
affordability needs, market
trends, and rental gaps at multiple
geographic levels including
countywide, county excluding Austin
(anchor city), and by ZIP code. A key
component to understanding the
geographic complexity of the county
was development of a ZIP code
level housing needs dashboard
which identified characteristics
of each neighborhood and
illustrated housing cost trends and
affordability gaps—through an
equity lens. This was the third time
we have conducted a housing needs
studies for the City of Austin—which
inform the City’s notable and
successful Strategic Blueprint for
Housing.
Jackson/Teton County Housing
Department Rules and
Regulations
June 4, 2018
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REFERENCE
Josh Olhava
Senior Planner
303-438-6362
jolhava@broomfield.org
BROOMFIELD, COLORADO
Development Code Assessment
Broomfield, Colorado, is an emerging high quality of life community
located on the U.S. 36 Denver-Boulder corridor. With a growing population
of 68,000, it is poised to capture a significant share of both population
and business growth, and in 2001 became the second community in
Colorado (after Denver) to be granted City/County government status.
As Broomfield grew, it has absorbed lands previously located in Adams,
Boulder, Jefferson, and Weld Counties, and in most cases the annexed
lands were allowed to retain their current zoning through cross-references
to the zoning and development codes in their former counties. The City/
County also adopted a number of Urban Renewal plans whose regulatory
relationship to zoning and subdivision controls was inconsistent and
unclear. In the summer of 2019, Clarion Associates was retained to
complete a thorough assessment of Broomfield’s aging zoning regulation
and to devise a strategy for updating the content and integrating
regulations from five jurisdictions, as well as regulatory content from
Urban Renewal plans, into a single, highly graphic, and user-friendly
development code that can support rational and sustainable community
growth through the 21st Century. The assessment was completed in the
spring of 2020, but plans for a full development code rewrite based on
the Assessment were then suspended by the City/County to focus on
COVID-19 pandemic response strategies.
BLOOMINGTON, INDIANA
Unified Development Ordinance Diagnosis
With a population of almost 85,000, Bloomington is the seventh largest city in Indiana and the seat of Monroe County. It also serves as home to Indiana University, world reknowned for its academics, swimming, music, and basketball programs. In late 2017, Clarion Associates was retained to lead a team including our Cincinnati affiliate McBride Dale Clarion to complete significant updates to Bloomington’s Unified Development Code. The primary purpose of the updates is to ensure that the UDO is aligned with and promotes the implementation of the new Bloomington Comprehensive Plan. Additional challenges include significant pressures to develop additional student housing, while ensuring that the scale of that housing does not overwhelm its surroundings, and considering form-based zoning approaches for some portions of the City. The UDO updates were adopted in early 2020.
REFERENCE
Scott Robinson, Director
Bloomington Planning and
Transportation Department
812-349-3423
robinsos@bloomington.in.gov
Chapter 20.02: Zoning Districts20.02.020 Residential Zoning Districts
Bloomington, Indiana – Unified Development Ordinance 27 Adoption Date: January 14, 2020 Effective Date: TBD
Figure 12: RM Dimensional Standards
RH: Residential High Density
Purpose The RH district is intended to accommodate high-intensity multifamily residential development, plus related civic and residential-supportive uses, to provide an adequate mix of housing types throughout the community. This district can also serve as a transition between other lower-density districts and the downtown or university areas.
Figure 13: Illustrative Scale and Character
Chapter 20.02: Zoning Districts20.02.020 Residential Zoning Districts
Bloomington, Indiana – Unified Development Ordinance 28 Adoption Date: January 14, 2020 Effective Date: TBD
Dimensional Standards The following table is a summary of the district-specific dimensional standards. Additional standards from Section 20.04.010(Dimensional Standards) also apply.
Table 02-8: RH District Dimensional Standards
Lot Dimensions (Minimum, only for lots created after the effective date) Multifamily Dwelling Single-Family, Duplex, Triplex, or Fourplex Dwelling
A Lot area 5,000 square feet (0.115 acres) R4 district standards apply B Lot width 50 feet
Building Setbacks (Minimum)
C Front 15 feet
R4 district standards apply Attached front-loading garage or carport 25 feet [1]
D Side 10 feet [2]
E Rear 10 feet [2]
Other Standards
Front parking setback (minimum) 20 feet behind the primary structure’s front building wall
R4 district standards apply Impervious surface coverage (maximum) 65%
Landscape area (minimum) 35%
F Primary structure height (maximum) 5 stories, not to exceed 63 feet [2] [3]
Accessory structure height (maximum) 20 feet
Notes: [1] Or equal to the setback of the primary structure, whichever is greater. [2] Buildings abutting a property in the RE, R1, R2, R3, or R4 zoning district shall comply with the standards in Section 20.04.070(d)(5) (Neighborhood Transition Standards ). [3] See Section 20.04.110 (Incentives) for alternative standards.
Figure 14: RH Dimensional Standards
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| 19RFP: Review and Amendments to the Unified Development Code
AURORA - BOULDER - DENVER, COLORADO
Regional AI and Consolidated Plans
One of our team’s most memorable studies, due to the community engagement component, is the Analysis of Fair Housing Choice for the cities of Denver and Aurora. We held two community meetings to celebrate the region’s diversity and gather input on how to address the complexities of housing challenges. These events were held in racially and ethnically concentrated areas, offered interpretation in seven languages, and incorporated food, dancing, music, and housing resource discussions into the programming.
The videos below capture highlights from those meetings.
HOWARD COUNTY, MARYLAND
New Land Development Code Assessment
Although geographically the smallest county in Maryland, Howard County is located on the strategic Baltimore-
Washington corridor and absorbs much of the growth in central Maryland. In the 1960s and 1970s, master
developer Jim Rouse made headlines by choosing Howard County as the site for the brilliantly conceived new
town of Columbia, Maryland – still one of the most successful examples of new town planning in the United
States. In 2017, Clarion Associates was retained to lead Phase 1 of an ambitious effort to develop the first
new development code for the county in many decades. After extensive outreach and engagement with the
many diverse stakeholder groups in Howard County, Clarion Associates produced a Diagnosis and Annotated
Outline that identified strengths and weaknesses and a user-friendly structure for the new regulations. The
Phase 1 document was accepted by Howard County in early 2018, and Clarion Associates was then awarded
Phase 2 of the contract – the drafting of the new current land use regulations. One key challenge will be the
need to sustain Jim Rouse’s visionary approach to the urbanized (but still unincorporated) Columbia area
while allowing flexibility to respond to innovative
development approaches. Additional challenges will
include streamlining administration of development
approvals and enforcement, refocusing
development approaches along the busy Route 1
and Route 40 corridors, and balancing pressures for
agricultural production and residential development
in rural portions of Howard County. The project is
scheduled to be completed in 2021.
REFERENCE
Amy Gowan
Deputy Director of Planning and Zoning
410-313-4340
agowan@howardcountymd.gov
HOME BIGGER THAN HOUSES – EASTSIDE HTTPS://VIMEO.COM/259219978 HOME BIGGER THAN HOUSES – WESTSIDEHTTPS://VIMEO.COM/257041888
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BOULDER, COLORADO
Middle Market Housing Study
For the City of Boulder, Heidi Aggeler and Mollie Fitzpatrick examined trends in the affordability of attached housing products relative to single family detached units. In addition to a comprehensive analysis of historical sales records, we conducted in-person interviews with developers of attached housing products—both rental and for sale—to understand the key challenges of building affordable housing in Boulder. We also created pro formas to measure development costs of various attached products now and in 15 years (see figure at right). This study also involved a forecast of the product types that would no longer be affordable to moderate income households if price increases continue, as well as an analysis of the City’s downpayment assistance policy to determine if increasing the amount would expand options for purchase.
The studies we have completed for Boulder can be accessed here: https://bouldercolorado.gov/housing-boulder/housing-data-challenges.
FORT COLLINS, COLORADO
Land Use Code Audit
Clarion Associates led a multidisciplinary team that in a major
effort to update the City’s City Plan (comprehensive plan),
Transportation Master Plan, and Strategic Transit Plan. A key
objective of this effort was to incorporate a range of new
programs, goals, and efforts begun by the City of Fort Collins
since the plans were last updated in 2011, including the City’s
ambitious goal to be carbon neutral by 2050. Five areas of
focus emerged from a robust community and stakeholder
engagement process: making the most of the land Fort
Collins has left; taking steps to support a healthy and resilient
economy; encouraging more housing options; expanding
transportation and mobility options; and maintaining a focus
on climate action. The updated plan was unanimously adopted
in April 2019.
Following adoption, Clarion conducted an audit of the Land
Use Code (LUC) to help City staff understand regulatory
strengths, weaknesses, and opportunities in the context
of the updated plan. Key element of the audit included an
overall review of the Land Use Code to identify broad areas
where standards and processes fail to promote or are out of
alignment with the updated plan. A specific focus was placed
on opportunities to remove barriers within the LUC to help
support City Plan priorities related to:
• Housing diversity and affordability
• Transit-oriented development and mixed-use
• Evolving employment needs
• Nature in the City
The LUC Audit is being used by City staff to guide incremental
Land Use Code revisions and other implementation strategies.
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| 21RFP: Review and Amendments to the Unified Development Code
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Clarion Associates, LLC
Clarion Associates, LLC
Don Elliott, FAICP, Director
AFFIRMATION OF NONDISCRIMINATION AND
EQUAL PAY
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22 Bozeman, Montana
APPENDIX
• Project Team Resumes
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Don Elliott is a Director in Clarion’s Denver office. Don’s practice focuses on plan
implementation, zoning, development regulations, affordable housing, fair housing,
and international urban development. Prior to joining Clarion, he was Project
Director for the Denver Planning and Community Development Office. Don has also
advised numerous local governments in Russia on land use issues, served as
Democracy and Governance Advisor for USAID in Uganda, completed research
projects on planning and slum upgrading issues in India, and drafted zoning
regulations for Ulaanbaatar, Mongolia. He is the author of A Better Way to Zone
(Island Press, 2008), and co-author of The Rules That Shape Urban Form (APA 2012)
and The Citizens Guide to Planning (APA 2009), and has served as the editor of
Colorado Land Planning and Development Law for over 25 years. Mr. Elliott is a
member of the Denver Planning Board and teaches a graduate course in Land
Development Regulations at the University of Colorado at Denver College of
Architecture and Planning.
Representative Major Projects
• Integrated Development Ordinance | Albuquerque, NM
• Consolidated Zoning/Subdivision Ordinance | Indianapolis, IN
• New Zoning Code | Philadelphia, PA
• Zoning Code Revision | Detroit, MI
• Zoning By-Law Revision | Winnipeg MB, Canada
• Zoning Ordinances | Kalamazoo MI, Columbia MO, Lake Havasu City AZ,
Bainbridge Island WA, Rochester MN, Fairfax County VA, Brunswick ME, Ann
Arbor MI
• Development Codes | Fort Wayne/Allen County IN, Lake Oswego OR, Hillsboro
OR, Bloomington IN, Aurora CO
• Hybrid Codes | Youngstown OH, Duluth MN, Dublin OH, Hamilton OH, Albany
NY
• Affordable / Fair Housing Regulatory Review | State of Idaho, State of Nevada,
State of Texas, State or Oregon, Anchorage AK
• Redevelopment Effectiveness Assessment | Long Beach CA
• Land Use Regulatory Reform Strategy | Indonesian local governments
• Design of Land Privatization System | Russian Local Governments
• Review of Master Plan | Delhi, India
DON ELLIOTT, FAICP
Director
Education
Harvard J.F.K. School of Government Master of City and Regional Planning
Harvard Law School
Juris Doctor, Cum Laude Yale University
Bachelor of Science
Summa Cum Laude Harvard/MIT Joint Center for Urban Studies
Nathaniel Rogg Fellowship
Professional History
Clarion Associates of Colorado, LLC Director
USAID, Kampala, Uganda
Democracy and Governance Advisor Planning and
Development Collaborative
Real Estate Attorney City and County of Denver
Downtown Zoning and Gateway
Projects
Professional Associations
American Institute of Certified Planners
(FAICP) Fellow
American Planning Association:
Former President of Colorado Chapter
Former Chair of Planning/Law Division
Drake University
Sustainable Development Code
Advisory Board
American, Colorado, and Denver Bar
Associations Member
Denver Planning Board Member
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Jenny Baker is an Associate in Clarion’s Denver office. Previously a current land use
planner in Missoula, Montana, she brings several years of experience with
implementation of land use codes and regulations. As Missoula’s senior planner,
she handled complex land use requests including subdivisions, zoning amendments,
special uses and annexations. Prior to her experience in the planning field, she
spent 10 years with the American Red Cross and FEMA’s Region V, focusing on
resiliency planning, and responding to over 50 disasters around the US. Her areas of
interest include sustainable transportation, housing affordability and historic
preservation. She brings considerable expertise with community engagement,
writing and public speaking.
Representative Major Projects
• Clark County Comprehensive Plan & Code Rewrite | Clark County, NV
• Eagle County Land Use Regulations Rewrite | Eagle County , CO
• Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI
• McKinney TX Code Rewrite | McKinney, TX
• Albany NY Sign Code Rewrite | Albany, NY
JENNY BAKER
Associate
Education
University of Illinois at Chicago
Chicago, IL
Master’s in Urban Policy & Planning
University of Pennsylvania
Philadelphia, PA
Bachelor of Arts in French Language &
Literature
Professional History
Clarion Associates, LLC
Associate, 2020 - Present
City of Missoula Development Services
Planner III, 2016 - 2020
Participatory Budgeting Project
Research Assistant, 2013 - 2015
Community/Professional Involvement
Vice Chair, Bicycle & Pedestrian
Advisory Board, Missoula, MT
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Jenny Baker is an Associate in Clarion’s Denver office. Previously a current land use
planner in Missoula, Montana, she brings several years of experience with
implementation of land use codes and regulations. As Missoula’s senior planner,
she handled complex land use requests including subdivisions, zoning amendments,
special uses and annexations. Prior to her experience in the planning field, she
spent 10 years with the American Red Cross and FEMA’s Region V, focusing on
resiliency planning, and responding to over 50 disasters around the US. Her areas of
interest include sustainable transportation, housing affordability and historic
preservation. She brings considerable expertise with community engagement,
writing and public speaking.
Representative Major Projects
• Clark County Comprehensive Plan & Code Rewrite | Clark County, NV
• Eagle County Land Use Regulations Rewrite | Eagle County , CO
• Hazard Mitigation & Development Reallocation Strategies | Hawai’i County, HI
• McKinney TX Code Rewrite | McKinney, TX
• Albany NY Sign Code Rewrite | Albany, NY
JENNY BAKER
Associate
Education
University of Illinois at Chicago
Chicago, IL
Master’s in Urban Policy & Planning
University of Pennsylvania
Philadelphia, PA
Bachelor of Arts in French Language &
Literature
Professional History
Clarion Associates, LLC
Associate, 2020 - Present
City of Missoula Development Services
Planner III, 2016 - 2020
Participatory Budgeting Project
Research Assistant, 2013 - 2015
Community/Professional Involvement
Vice Chair, Bicycle & Pedestrian
Advisory Board, Missoula, MT
Elizabeth Garvin is the Community ReCode Founding Principal and she works in the Denver office. Elizabeth is both an
attorney and a planner and she has practiced in both disciplines. She has prepared both traditional and FBC/hybrid
code update projects for cities, towns, and counties across Colorado and the country; drafted topic-specific code
provisions covering issues such as ADUs, sustainability, and signs; served as an expert witness on land use issues; and
organized and undertaken numerous code-related public participation processes. Prior to founding Community
ReCode, Elizabeth was the Planning Director for SAFEbuilt Studio, practiced law with Spencer Fane, and worked as a
senior staff member at Clarion Associates.
Ms. Garvin is a frequent speaker and author on planning and regulatory topics, including serving as an advisory board
member for the Rocky Mountain Land Use Institute as well as RMLUI’s legal columnist to the Western Planner.
Recently, Elizabeth co-authored the April 2018 APA Zoning Practice article entitled Living with Form-Based Codes and
presented on the same topic at the 2018 APA National Conference in New Orleans. She was a co-presenter at the
Bettman Symposium on Equity and Zoning at the 2019 APA National Conference.
Elizabeth’s sample regulatory projects include:
Pasco, Washington, Development Code Assessment and Sign Code Update (current)
Billings and Yellowstone County, Montana, Zoning Code Updates (hybrid code, City in adoption early 2021 and
County adopted late 2020)
Cedar Falls, Iowa, Downtown Vision Plan and Zoning Code Update (hybrid code, starting adoption early 2021)
Larimer County, Colorado, Land Use Code update (current, with Clarion Associates)
Parker, Colorado, Land Use Code update (current, with Clarion Associates)
Branson, Missouri, Unified Development Code and Sign Code
2019 Missouri APA Outstanding Implementation Project
Mancos, Colorado, Land Use Code Update
Cedar Rapids, Iowa, Unified Development Code and User’s Guide
2019 Iowa APA Outstanding Project
Garfield County, Colorado, Targeted Development Code Updates
Gilbert, Arizona, Use Standards Analysis
Elizabeth earned all of her degrees – Juris Doctor, Master of Urban Planning, and BA in Environmental Studies
- at the University of Kansas. Go Jayhawks. She is a licensed attorney in Missouri and Kansas and is charrette
certified through the National Charrette Institute. Elizabeth is FAICP-eligible, but finds the paperwork rather
daunting.
ELIZABETH GARVIN, ESQ
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8
Heidi Aggeler, Root Policy Research, Managing Director
EEdduuccaattiioonn::
M.P.A., Policy Analysis, Humphrey Institute, University of Minnesota, 1997
B.A., Accounting, University of Utah, 1992
PPrrooffiillee ooff ssiimmiillaarr pprroojjeeccttss
Boulder County, Colorado Strategic Plan Facilitation. Heidi was recently asked to
facilitate a strategic planning process with city/county staff and housing authorities in
Boulder County to develop joint housing solutions. She facilitated discussions in two
workshop sessions, which provided the foundation for the first county-wide, collaborative
housing plan.
City of Westminster Housing Strategy. This six month process brought together city
department representatives from economic development/housing, code enforcement,
public safety, legal, and finance; local advocates; and representatives from the residential
development field, to consider a wide variety of potential strategies to increase housing
affordability and housing choice. The committee met monthly and together produced
recommendations that were adopted by City Council and became the basis for the housing
department’s five-year workplan.
Baltimore Regional Zoning Barriers Review. In the Baltimore region, Heidi analyzed the
zoning and land use code of five municipalities to identify barriers to inclusive housing
development. The included analyzing the amount and location of land zoned to
accommodate multifamily and middle-market products; determining affordable rentals that
had been created by zoning district; and assessing discriminatory effects of jurisdictional
application of state-allowed Adequate Public Facilities Ordinances (APFOs), which govern
the allocation of building permits.
Las Cruces, New Mexico Housing Needs Strategic Plan and Best Practices Analysis.
Heidi assisted the City of Las Cruces’ Ad Hoc Committee on Affordable Housing develop
recommendations for better addressing the city’s housing needs. The study involved a
comprehensive analysis of best practices in other communities covering housing trust
funds, inclusionary zoning, shared equity models, land trusts, land banking, and zoning
reforms.
Denver Zoning Incentives study. Heidi is currently leading a project with Community
Planning and Development in the City and County of Denver to examine the feasibility and
effectiveness of private sector density bonuses in producing affordable housing. Our team
is researching best practices in peer cities; building development pro formas to explore the
feasibility of a variety of incentives beyond base building heights; and modeling incentive
outcomes by household Area Median Income (AMI) and household size.
Heidi Aggeler started her research and consulting career as an economic analyst at the Federal Reserve and an auditor for the Federal Deposit
Insurance Corporation (FDIC). She joined her former firm in 1999, became
a partner in 2002, a Managing Director in 2006, and started Root Policy Research in 2018. Heidi has been managing housing research projects
since 1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently hired to assist communities with strategic
plans to achieve housing balance.
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
EXPERIENCE
Groundprint, LLC
Owner/Principal - November 2016 to Present
• Planner on interdisciplinary teams for residential, commercial & mixed-use projects
• Focus on serving cities and non-profits including Downtown Bozeman Partnership, Human Resource Development Council (HRDC) and Trust for Public Land (TPL)
• Land use consulting with an emphasis on the entitlement process and code anaysis
• Master planning and neighborhood planning
• Urban design services
• Code writing and editing
Intrinsik Architecture, Inc.
Senior Planner - January 2007 to June 2015
• Provided planning consulting and project management for residential, commercial and mixed-use projects (both subdivision and zoning)
• Competed site analysis and feasibility studies
• Initiated Zone Map/Text Amendments and Growth Policy changes
• Developed neighborhood and park master planning and design
• Generated, edited and implemented neighborhood design review programs
City of Bozeman
Associate Planner - September 2001 to December 2006
• Project planner for residential subdivisions and large-scale commercial developments
• Administrative Design Review Staff for entryway corridor and historic district projects
• Planner for establishment of Tax Increment Financing (TIF) District for North 7th (now Midtown) Urban Renewal District
• Generated, edited and implemented long-range planning documents and Staff Handbook
• Assisted the public in analyzing and interpreting local ordinances and state statutes
• Completed illustrations as an appendix to zoning regulations to improve public relations
EDUCATION
University of Virginia School of Architecture, Bachelor of Arts in Urban & Environmental
Planning, 2001
• American Planning Association Award, Virginia Chapter, 2001
PROFESSIONAL AFFILIATIONS
American Institute of Certified Planners (AICP) No. 021407
American Planning Association (APA)
Montana Association of Planners (MAP)
COMMUNITY VOLUNTEER EXPERIENCE
Gallatin County Planning Board, Member 2009-2011
North 7th Avenue Urban Renewal Board (NSURB), Member 2008-2012
Community Builders "Building Better Places," Gallatin County Team Member 2020
SUSAN RIGGS, AICP
Groundprint, LLC
280 W Kagy Blvd Std D #236
Bozeman Montana 59715
406.579.5844
sriggs@groundprint.com
www.groundprint.com
planning urban design groundprint DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7
28 Bozeman, Montana
Planning | Zoning & Land Use | Real Estate | Sustainability & Resiliency
DocuSign Envelope ID: AD69625A-4611-486A-82C8-9DEA8318B5E7