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HomeMy WebLinkAbout05-16-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approve the Meeting Minutes from May 2, 2022 (Happel) E.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, May 16, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2553 027 5006 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 minutes. General public comments to the Board can be found in their Laserfiche repository folder. F.Action Items F.1 Annexation and initial zoning application 21443 requesting annexation of 8.56 acres and amendment to the City Zoning Map for the establishment of a zoning designation of B-2M (Community Business-Mixed District).(Rogers) F.2 Ordinance 2108, Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137.(Rogers) F.3 Ordinance 2111, Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards and Create Definitions for Infill and Missing Middle Housing, Application 22133.(Rogers) G.FYI/Discussions G.1 Upcoming Items for June 6, 2022 Community Development Board meeting.(Saunders) G.2 Community development report(Bentley) H.Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). 2 Memorandum REPORT TO:Community Development Board FROM:Taylor Chambers - Deputy City Clerk Mike Maas - City Clerk Jeff Mihelich - City Manager SUBJECT:Approve the Meeting Minutes from May 2, 2022 MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the meeting minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:As determined by FISCAL EFFECTS:None Attachments: CD Board Meeting Minutes 050222.pdf Report compiled on: May 11, 2022 3 Bozeman City Commission Meeting Minutes, Monday, May 2, 2022 Page 1 of 3 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 2, 2022 Staff Present at the Dias: Planning Manager Chris Saunders, Interim-Director of Community Development Anna Bentley and Deputy City Clerk Taylor Chambers Present: Gerald Pape, Nicole Olmstead, Henry Happel, Stephen Egnatz, Jennifer Madgic Absent: Allison Bryan, Brady Ernst, John Backes, Padden Guy Murphy A) 00:02:58 Call to Order - 6:00 pm B) 00:03:57 Disclosures • Chairman Happel commented that this is the first live meeting in 2 years for this board and this will be the first advisory board hybrid meeting. He then requested that people be patient in the event of any technical difficulties. C) 00:04:51 Changes to the Agenda D) 00:05:27 Approval of Minutes D.1 Approve the Regular Meeting Minutes From: April 18, 2022 04-18-22 Community Development Board Minutes.pdf 00:05:45 Motion D) Approval of Minutes Nicole Olmstead: Motion Jennifer Madgic: 2nd Board member Egnatz commented that action item G.1 was removed from the minutes and clarified to ensure that the change had been noted in the minutes. 00:06:46 Vote on the Motion to approve D) Approval of Minutes. The Motion carried 5 - 0 Approve: Gerald Pape Nicole Olmstead 4 Bozeman City Commission Meeting Minutes, Monday, May 2, 2022 Page 2 of 3 Henry Happel Stephen Egnatz Jennifer Madgic Disapprove: None E) 00:07:21 Public Comments 00:07:23 Eric Laneman - Public Comment Eric Laneman commented on concerns of the construction impact on the surrounding neighborhood from The Ives project. F) 00:11:09 Action Items F.1 00:11:11 Silo Zone Map Amendment to Establish Residential Emphasis Mixed Use Zoning District on 115 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road in Conjunction with Annexation, Application 21442 21442 Silo Annx-ZMA CDB SR.pdf 00:11:13 Staff Presentation Planning Manager Saunders presented Application 21442 Silo Zone Map Amendment to the Board and recommended that the application meets criteria of approval. 00:13:14 Questions of Staff 00:37:51 Applicant Presentation Rob Latinier introduced the project and Tyler Steinway of Intrinsik Architecture presented the Silo Zone Map Amendment to the Board. 00:48:03 Questions of the Applicant 01:05:04 Public Comment Opportunity 01:06:41 Rebecca Derzay - Public Comment Rebecca and Nick Derzay commented with concerns regarding flood mitigation 01:09:57 Staff Response to Public Comment Planning Manager Saunders provided clarification on the setback requirements between development and waterways. 01:11:09 Applicant Response to Public Comment 5 Bozeman City Commission Meeting Minutes, Monday, May 2, 2022 Page 3 of 3 Rob Pertzborn of Intrinsik Architecture invited the commenter to contact their office directly to discuss plans. 01:12:11 Board Discussion 01:13:05 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21442 and move to recommend approval of the Silo Annexation Zone Map Amendment, with contingencies required to complete the application processing. Nicole Olmstead: Motion Jennifer Madgic: 2nd Board members discussed the application. 01:36:13 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21442 and move to recommend approval of the Silo Annexation Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 - 2 Approve: Gerald Pape Henry Happel Jennifer Madgic Disapprove: Nicole Olmstead Stephen Egnatz G) 01:36:55 FYI/Discussions G.1 01:36:57 Upcoming Items for May 16, 2022 Community Development Board meeting. Planning Manager Saunders informed the Board of upcoming items to be presented to the Board. Chairman Happel inquired where Board members can find information on the zone map amendment project coming before the Board on May 16th. Board members discussed zoning questions they had with Planning Manager Saunders. H) 02:01:42 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. Choose a building block. 6 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Annexation and initial zoning application 21443 requesting annexation of 8.56 acres and amendment to the City Zoning Map for the establishment of a zoning designation of B-2M (Community Business-Mixed District). MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21433 and move to recommend approval of the 6590 Davis Lane Annexation Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 8.56 acres into the City limits and establish initial zoning of B- 2M, Community Business District--Mixed. The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District and surrounded to the north, east, and south by the same AS county zoning. Nearby municipal zoning to the east is B-2 (Community Business District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M district as an implementing zoning district. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The property is currently host a detached single-household residential structure connected to an individual well and septic systems. The property is surrounded to the north, east, and south by other similar residential properties utilizing individual well and septic systems. 7 There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. UNRESOLVED ISSUES:N ALTERNATIVES:As shown in the staff report FISCAL EFFECTS:None Attachments: 6590 Davis Lane Annexation Request.pdf Report compiled on: May 11, 2022 8 1 Tom Rogers From:Tom Rogers Sent:Tuesday, May 10, 2022 3:11 PM To:dbloem@centralvalleyfire.com; sean.ocallaghan@gallatin.mt.gov Subject:6590 Davis Lane Annexation Request Attachments:1_DavisLaneProperty_Annexation&ZoningMap.pdf Ms. Bloem, The City of Bozeman received a request to annex property addressed at The property is addressed as 6590 Davis Lane and more particularly described as Tract 1 of COS 3053, a parcel of land located in Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Should you have any comment please feel free to respond to this email. Regards, Tom Rogers | Senior Planner | AICP City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT trogers@bozeman.net | 406.582.2268 The City has changed our project intake process and will now be receiving all project submittals - New and Revisions, through ProjectDox. As a result of this new process, review time and response times to inquiries may be delayed. We understand the impacts any delay may create for your development and we will make every effort to provide you with the highest level of customer service in a timely manner. We encourage you to review our Development Center webpage and become familiar with the new intake process. Your patience during this transition is greatly appreciated. 9 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director Brian Heaston, Engineer III SUBJECT:Ordinance 2108, Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137. MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The code amendments contained in Ordinance 2108 are a response from changes at the state level on how water well are classified and can be used. These changes have serious policy implications of the City of Bozeman. The City had no control over the development of these state initiated rule changes. The water supply for irrigation of parks, ROW, and open space areas typically came from “exempt wells” within the boundary of a development; a subdivision or site plan. An exempt well is a well that draws less than 35 gallons per minute and 10 acre-feet per year. In larger subdivision and developments irrigation of landscaped areas may require multiple exempt wells to meet demand. The Department of Environmental Resources and Conservation (DNRC), the body responsible for water rights in the state of Montana, modified rules that prohibit the use of more than one exempt well within a development. Because the Gallatin Valley is considered a closed basin for water rights permitting multiple exempt wells for a single development is for all intents and purpose impossible. Therefore, if a development requires more water 10 than can be supplied for one exempt well, the difference can only be supplied by a municipal water supply system. The proposed code changes contained in Ordinance 2108 are a reaction to this change and create flexibility to continue the orderly development of the city by codifying these rules changes into the Unified Development Code (UDC). UNRESOLVED ISSUES:None ALTERNATIVES:As shown in the staff report. FISCAL EFFECTS:None Attachments: 22137 CDB Staff Report Final.pdf Ordinance 2108_Irrigation Water Supply for Review.pdf Report compiled on: May 11, 2022 11 Page 1 of 16 22137 Staff Report for the Well Use Requirement Text Amendment, Ordinance 2108 Public Hearing Date(s): Community Development Board will hold a public hearing on May 16, 2022 at 6:00 pm. City Commission public hearing will be held on May 24, 2022 at 6:00 pm. Project Description: Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide. Recommendation: Meets standards for approval Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108. Recommended Commission Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137, and move to provisionally adopt Ordinance 2108. Report Date: May 12, 2022 Staff Contact: Tom Rogers, Senior Planner Brian Heaston, Engineer III Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY This report is based on the analysis of required elements of state law regarding subdivision review and public comment received to date. Unresolved Issues None. Project Summary The code amendments contained in Ordinance 2108 are a response from changes at the state level on how water well are classified and can be used. These changes have serious policy 12 Staff Report for the Well Use Requirement Text Amendment 22137 Page 2 of 16 implications of the City of Bozeman. The City had no control over the development of these state initiated rule changes. The water supply for irrigation of parks, ROW, and open space areas typically came from “exempt wells” within the boundary of a development; a subdivision or site plan. An exempt well is a well that draws less than 35 gallons per minute and 10 acre-feet per year. In larger subdivision and developments irrigation of landscaped areas may require multiple exempt wells to meet demand. The Department of Environmental Resources and Conservation (DNRC), the body responsible for water rights in the state of Montana, modified rules that prohibit the use of more than one exempt well within a development. Because the Gallatin Valley is considered a closed basin for water rights permitting multiple exempt wells for a single development is for all intents and purpose impossible. Therefore, if a development requires more water than can be supplied for one exempt well, the difference can only be supplied by a municipal water supply system. The proposed code changes contained in Ordinance 2108 are a reaction to this change and create flexibility to continue the orderly development of the city by codifying these rules changes into the Unified Development Code (UDC). Please refer to Appendix A of this report and Section 1, Legislative Findings, in Ordinance 2108 for more detail. Alternatives 1. Deny the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Adopt the ordinance with directed amendments; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 13 Staff Report for the Well Use Requirement Text Amendment 22137 Page 3 of 16 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 4 Section 76-3-102, MCA (Subdivision Purposes)................................................................ 6 Section 76-3-501, MCA (Subdivision Purposes)................................................................ 8 SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS..................... 10 Spot Zoning Criteria ......................................................................................................... 13 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 16 FISCAL EFFECTS ................................................................................................................. 16 ATTACHMENTS ................................................................................................................... 16 14 Staff Report for the Well Use Requirement Text Amendment 22137 Page 4 of 16 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as proposed. The Community Development Board acting in their capacity as the Planning Board and Zoning Commissions will hold a public hearing on these amendments on May 16, 2022 at 6:00 p.m. The City Commission will hold a public hearing on the text amendment on May 24, 2022 at 6:00 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction but must be consistent with the criteria. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Criterion met. The proposed amendments are made in accordance with the adopted growth policy, the Bozeman Community Plan 2020 (BCP 2020), while respecting state imposed requirements. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. State law requires a growth policy to describe how the community will consider the primary review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020. Water use and consumption are critical concern of multiple City plans and contribute to the quality of environment resident’s experience. The amendments in Ordinance 2108 comply with state law and create flexibility on how public areas may be irrigated. These areas include dedicated parkland, public boulevards, streetscapes, and certain open space areas. Theme 1 of Chapter 2 addresses resiliency. Communities and the world around them are constantly changing. Resilient communities rebound, positively adapt to, and thrive amidst changing conditions or challenges and maintain quality of life, healthy growth, durable 15 Staff Report for the Well Use Requirement Text Amendment 22137 Page 5 of 16 systems, and conservation of resources for present and future generations. Resiliency addresses both short-term or one-time shocks as well as long-term stressors. Goal R-1: Continue to strengthen and develop resilience as a community. R-1.1 Be reflective: use past experience to inform future decisions. Currently, the City requires well water to irrigate public areas and requires all public areas to be landscaped. Larger developments may require multiple irrigation wells to be used to meet irrigation needs. The changes to state regulation use of multiple wells are considered to be exceeding the exempt well classification and are now determined to be consuming a water right. The proposed code changes allow the excess water needs to be covered by municipal water supply. Therefore, if municipal water is used to irrigate public areas, the Integrated Water Resource Plan and Implementation plan will inform how to manage water consumption of these areas. The City’s extensive experience managing and monitoring water consumption in public areas will inform future development of public areas. R-1.2 Be resourceful: recognize alternative ways to use resources. Water consumption is influenced by many variables including the size of an area to be watered, plant selection, subsurface geology, topography, adjacent land use, how the area is used, and a variety of other factors. The proposed text changes create an alternative means to irrigate public lands. Although state regulations are imposing a significant policy change on the local government, the code changes respond in the most positive fashion possible creating flexibility for the developer or municipality on where irrigation water comes from. Theme 4 of Chapter 2 applies to the natural environment, parks, and open lands. Protecting our immediate and regional ecosystem requires diligence and careful planning as Bozeman and Gallatin County continue to grow. Responding to climate change, protecting the health of our water systems and our air quality, and grappling with the impacts of increased human population and invasive plants and animals are some of our challenges. Goal EPO-1: Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the City. EPO-1.2 Collaborate with partner agencies and organizations to establish sustainable funding sources for ongoing acquisition, construction, and operations of City parks, trails, gardens, and open space. Although the changes in ARM rules are necessitating these proposed code changes are more prescriptive than collaborative the result will likely improve operations of parks, trails, and open space by creating a more realistic cost-benefit consideration when determining appropriate landscaping for a particular area. In addition, these changes will highlight the actual cost of water if the irrigation system is connected to the City water system. 16 Staff Report for the Well Use Requirement Text Amendment 22137 Page 6 of 16 Goal EPO-3: Address climate change in the City’s plans and operations. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems Using exempt wells for irrigation distorts the cost of ongoing maintenance of irrigated areas. Lager developments may need supplemental water supply from the City’s water system. The cost associated with this source will increase maintenance and may result in revising the type and the extent of landscaping materials in public areas that are more representative of native plants resulting in water conservation. EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan. The first priority for implementing the IWRP is developing a successful water conservation program. Conservation fills the largest proportionate share of the City’s projected 17,750 acre-foot supply gap by providing 10,100 acre-feet of water savings. The program is focusing developing effective outreach and education programs targeting voluntary indoor and outdoor water reduction. Additional a tiered rate system has been implemented to curb excessive water use in peak demand periods. The code revisions in Ordinance 2108 will further the efforts laid out in the IWRP. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Criterion is met. The proposed regulations promote the public health, safety, and general welfare by requiring compliance with the Montana Subdivision and Platting Act and the March 23, 2022 MT DNRC Combined Appropriation Guidance stating that groundwater must receive a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance between proposed wells. A combined appropriation of groundwater for a project or development exceeding 35 gallons per minute and 10 acre-feet per year requires a water right permit and a combined appropriation under 10 acre-feet per year using wells pumping no more than 35 gallons per minute is exempt from permitting. The City’s adopted standards for land development which apply to the subdivision process ensure adequate water supply for uses with a development and other features which support this criterion. Further, it is unlikely that all new development applicants will be able to comply with the existing City of Bozeman requirement that, without exception, all parks, open spaces, and certain rights-of-way areas use a well for irrigation considering the March 23, 2022 Combined Appropriation Guidance because, unlike an exempt irrigation well, there is no guaranteed outcome that an applicant can obtain a permit for an irrigation well from MT DNRC. 17 Staff Report for the Well Use Requirement Text Amendment 22137 Page 7 of 16 Therefore, the proposed code changes in Ordinance 2108 allow greater flexibility to meet the overall development standards of the City. 3. Prevent the overcrowding of land. Neutral. Overcrowding is the condition arising from more intensity of use than the property and infrastructure is capable of supporting. The proposed regulations do not address the underlying analysis of whether a proposed land use is the appropriate intensity of use. The City’s standards regarding appropriate intensity of use are established through the City’s zoning districts which are not changed with these amendments. The necessary infrastructure to support development must still be provided in a timely manner and in sufficient quantity to address needs of the development. Section 2 and 3 of the ordinance requires demonstration of compliance with standards including parkland and parkland maintenance to mitigate any perceived overcrowding. 4. Lessen congestion in the streets and highways. Neutral. The proposed amendments do not change the existing standards which address this criterion. Adequate information to demonstrate compliance with adopted standards must still be presented as part of application submittals. The City’s transportation master plan and capital improvements program address needed expansions and improvements. Local improvements will continue to be required for individual subdivisions as currently is required. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Yes. The existing regulations set forth processes and standards by which a development ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided. Compliance with those requirements is required as part of the submittal requirements for subdivision application. Construction follows approval of a preliminary plat and generally is completed before the final plat is approved. The provisions for park and recreation areas are in place and are not being modified with this Ordinance, only the maintenance thereof. The regulations have no impact on providing adequate light and air. See also Zoning Criteria D and E. The criterion is met. 6. Require development in harmony with the natural environment. Neutral. The proposed amendments do not specifically address this issue. The existing standards for protection of water courses, wetlands, etc. are not modified. Revisions are made to data submittal requirements. As more information becomes readily available on demand the specific information for an individual application can become more focused on essential material unique to that site. The proposed amendments do reduce required information to be submitted with individual subdivision applications. In fact, state changes demand full disclosure up front by the developer to show how much water is needed for their plan and 18 Staff Report for the Well Use Requirement Text Amendment 22137 Page 8 of 16 where water consumption comes from; i.e. exempt well, City water supply, or a combination thereof. Due to the increased general availability of information, the reduction in application- specific submittal material will not negatively affect this criterion. 7. Protect the rights of property owners. Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both property rights and associated responsibilities. The proposed amendments protect the rights of property owners by memorializing state requirements not under the control of the local governing body for water adequacy to support a proposed development which is consistent with state law. This section completes the necessary regulatory elements in generally applicable standards to address the primary review criteria for subdivisions. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The proposed amendments do not alter the standards previously found adequate to address this requirement. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. Criterion is met. Section 76-3-622 Mont. Code Ann. details water and sanitation information that accompanies preliminary plat applications and states that review of a subdivision should primarily focus on compliance with the established regulations. The City has over time established standards addressing most of the subdivision primary review criteria created in 76- 3-608 MCA, including water adequacy. As noted earlier the MT DNRC revised its ‘Combined Appropriation Guidance’ (attached to this Ordinance 2108 as Exhibit A) to clarify that any subdivision of land, as defined under Montana Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater, must receive a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance between proposed wells. The proposed amendments do not modify the standards for layout of parks, streets, or other elements of order. The amendments are primarily focused on water adequacy for public areas within and adjacent to a development. Additional standards are being created as a foundation for possible future amendments to codify water conservation. These additional standards will further support orderly development through early contact with affected parties and providing opportunities to avoid or address conflicts earlier in the review process. 19 Staff Report for the Well Use Requirement Text Amendment 22137 Page 9 of 16 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The proposed amendments do not alter the existing standards or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. See also Zoning Criterion F. 11. Dedication of land for roadways and for public utility easements. Neutral. The proposed amendments do not alter the existing standards for the width or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Configuration of easements for public utilities such as water or sewer are not changing. See also Zoning Criterion F. 12. Improvement of roads. Neutral. The proposed amendments do not alter the existing standards for road improvements New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Most detailed construction standards are now and will continue to be included in the Design and Specifications created by the Engineering Division. See also Zoning Criterion F. 13. Provision of adequate open spaces for travel, light, air and recreation. Criteria is met. The proposed amendments do not alter the existing standards for open space or parks. The purpose of these amendments is to comply with State Statute and Administrative Rules of Montana. Standards for light and air are generally established by the Building Code and Zoning regulations for individual lots. No changes are proposed affecting the amount of land to be set aside for public parks. 14. Adequate transportation, water and drainage. Neutral. City standards for the referenced infrastructure is unchanged by the proposed amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F. 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The proposed amendments do not modify the regulations in place to ensure adequate sanitary facilities to serve the development are installed in accordance with City standards. The City has not established standards greater than state regulations or guidelines that would be affected by 76-3-511. See also Zoning Criterion D. 20 Staff Report for the Well Use Requirement Text Amendment 22137 Page 10 of 16 16. Avoidance or minimization of congestion. Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed amendments are focused on the water adequacy for irrigation for subdivision applications. These processes do not in themselves address this criterion. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Criterion is met. The proposed regulation ensures that adequate water is available for irrigation requirements. While the proposed changes do not change water demand it does, in some cases, shift the source of irrigation water from exempt well(s) to City supply. Gallatin County is a closed basin with all water right appropriated to existing users. The additional demand caused by these changes, in the long term, may deplete the City’s water supply more quickly than the existing paradigm. However, there is no net change in water consumption, rather a shift whose water is used. See also Zoning Criteria A, D, and F. The criterion is met. SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 21 Staff Report for the Well Use Requirement Text Amendment 22137 Page 11 of 16 The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. The proposed amendments are made in accordance with the adopted growth policy, the Bozeman Community Plan 2020 (BCP 2020), while respecting state imposed requirements. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. State law requires a growth policy to describe how the community will consider the primary review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020. Water use and consumption are critical concern of multiple City plans and contribute the quality of environment resident’s experience. The amendments in Ordinance 2108 comply with state law and create flexibility on how public areas may be irrigated. These areas include dedicated parkland, public boulevards, streetscapes, and certain open space areas. See also the discussion in Subdivision Criterion 1 above. B. Secure safety from fire and other dangers. Criterion is met. As noted in Criteria A and 17 above, the City expects development to show adequate water for irrigation. The other standards already in place for fire and other protection remain in place and will continue to protect the public. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place. See also responses to Criteria A, B, 2, 5, 14, and 17 above. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in the subdivision review criteria above, the existing standards regarding provision of infrastructure for these services will not change. 22 Staff Report for the Well Use Requirement Text Amendment 22137 Page 12 of 16 The focus of the amendments is primarily on irrigation water supply source. These include improvements to comply with state law, water supply transparency, and water demand estimates. Mitigation of impacts of new development on parks and recreation is required in 76- 3-621 Mont. Code Ann. E. Reasonable provision of adequate light and air. Neutral. The proposed amendments do not alter existing standards for setbacks, open space, park dedication, or other related issues. The standards previously adopted to address this criterion remain in place. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans or associated standards. The subdivision and site planning process require applicants to demonstrate compliance with the adopted standards. Therefore, the impacts on transportation should be minimal from these amendments. G. Promotion of compatible urban growth. Criterion is met. Development standards and zoning districts ensure the City grows in a compatible manner. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. Other standards addressing compatibility are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. 23 Staff Report for the Well Use Requirement Text Amendment 22137 Page 13 of 16 This proposal amends the text and not the zoning map. The amended text is affecting source water for irrigation of parks and other public areas. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. The zoning related elements in Sections 3-5, 10, 11, and 2 and 3 of Ordinance 2108 address landscaping of public lands and park development that will not modify the character of districts. I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. Therefore, no detailed analysis regarding this criterion can be performed. The analysis as required in Subdivision Criterion 17 remains in place and will be performed with each subdivision. This existing process will address this criterion. J. Conserving the value of buildings. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. Irrigating of public lands is one of many finer details involved with development in an urban setting. The amendments being considered do not alter or significantly impact the use of land as a map amendment or any modification of form and intensity standards, permitted uses, or other more impactful change. The amendments do not change this outcome. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way. Therefore, no analysis of spot zoning criteria is provided. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 24 Staff Report for the Well Use Requirement Text Amendment 22137 Page 14 of 16 The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The code amendments contained in Ordinance 2108 are a response from changes at the state level on how water wells are classified and can be used. These changes have serious policy implications of the City of Bozeman. The City had no control over the development of these state initiated rule changes. The water supply for irrigation of parks, ROW, and open space areas typically came from “exempt wells” within the boundary of a development; a subdivision or site plan. An exempt well is a well that draws less than 35 gallons per minute and 10 acre-feet per year. In larger subdivisions and developments irrigation of landscaped areas may require multiple exempt wells to meet demand. The Department of Environmental Resources and Conservation (DNRC), the body responsible for water rights in the state of Montana, modified rules that prohibit the use of more than one exempt well within a development. Because the Gallatin Valley is considered a closed basin for water rights permitting multiple exempt wells for a single development is for all intents and purpose is impossible. Therefore, if a development requires more water than can be supplied for one exempt well, the difference can only be supplied by a municipal water supply system. The proposed code changes contained in Ordinance 2108 are a reaction to this change and create flexibility to continue the orderly development of the city by codifying these rules changes into the Unified Development Code (UDC). Further, the existing municipal water supply of the City of Bozeman is an essential resource that sustains public health, safety and welfare and is highly susceptible to the impacts of drought therefore necessitating wise use and conservation of the limited water resource. The 25 Staff Report for the Well Use Requirement Text Amendment 22137 Page 15 of 16 City of Bozeman has enacted development regulations within its unified development code to conserve the existing municipal water supply by requiring the use of groundwater wells for irrigation of parks, open spaces and certain rights-of-way areas in new developments. That landscapes in parks, open spaces, and rights-of-way demand irrigation water supply that is physically and legally adequate to maintain healthy and viable landscape for the public’s use and enjoyment. All waters within the State of Montana are owned by the state and the legal use of water requires a water right. The Montana Department of Natural Resources and Conservation (MT DNRC) is the agency of the State of Montana that is authorized under the laws of the state to issue new water rights or changes to existing water rights and water right permits. On March 23, 2022 the MT DNRC revised its ‘Combined Appropriation Guidance’ (attached to this Ordinance 2108 as Exhibit A) to clarify that any subdivision of land, as defined under Montana Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater, must receive a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance between proposed wells. A combined appropriation of groundwater for a project or development exceeding 35 gallons per minute and 10 acre-feet per year requires a water right permit (“permitted wells”) and a combined appropriation under 10 acre-feet per year using wells pumping no more than 35 gallons per minute is exempt from permitting (“exempt wells”). The current MT DNRC process to obtain a permitted irrigation well in a closed basin is protracted, cumbersome, technically complex and, unlike an exempt irrigation well, is without a reasonably certain or guaranteed outcome that a water right will be obtained. With limited exception, exempt wells serve as the physical and legal irrigation water source for existing parks, open spaces and certain rights-of-way areas in the City of Bozeman. It is unlikely that all new development applicants will be able to comply with the existing City of Bozeman requirement that, without exception, all parks, open spaces, and certain rights-of- way areas use a well for irrigation considering the March 23, 2022 Combined Appropriation Guidance because, unlike an exempt irrigation well, there is no guaranteed outcome that an applicant can obtain a permit for an irrigation permitted well from MT DNRC. Amendments of certain municipal code sections enacted by this Ordinance 2108 are necessary to remove the mandatory requirement that wells be used for irrigation of parks, open space and certain rights-of-way areas in new developments in order to avoid undue hardship created by the March 23, 2022 Combined Appropriation Guidance and to provide necessary flexibility to allow for other sources of irrigation water supply for these landscaped areas 26 Staff Report for the Well Use Requirement Text Amendment 22137 Page 16 of 16 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of Bozeman Municipal Code 38.420.080 and 38.550.070. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Planning Board public hearing, and not more than 45 days prior to the City Commission public hearing. Notice was published in the Bozeman Daily Chronicle on 05/01/2022 and 05/08/2022. The City exceeded the required notice provision. Hearing dates are on the first page of this report. Public hearings were held by the Community Development Board acting in their capacity as the Planning Board and Zoning Commission as noted above. No oral or written public comment has been received as of the writing of this report. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2108 27 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 1 of 8 ORDINANCE 2108 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.550.070 – LANDSCAPING OF PUBLIC LANDS AND SECTION 38.420.080 – PARK DEVELOPMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission and Planning Board held a public hearing on May 16, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission and Planning Board recommended to the Bozeman City Commission that Ordinance 2108, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on June 7, 2022, to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana that: SECTION 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 28 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 2 of 8 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 3. The existing municipal water supply of the City of Bozeman is an essential resource that sustains public health, safety and welfare and is highly susceptible to the impacts of drought therefore necessitating wise use and conservation of the limited water resource. 4. The City of Bozeman has enacted development regulations within its unified development code to conserve the existing municipal water supply by requiring the use of groundwater wells for irrigation of parks, open spaces and certain rights-of-way areas in new developments. 5. That landscapes in parks, open spaces and rights-of-way demand irrigation water supplies that are physically and legally adequate to maintain healthy and viable landscape areas for the public’s use and enjoyment. 6. All waters within the State of Montana are owned by the state and the legal use of water requires a water right. 7. The Montana Department of Natural Resources and Conservation (MT DNRC) is the agency of the State of Montana that is authorized under the laws of the state to issue new water rights or changes to existing water rights and water right permits. 8. On March 23, 2022 the MT DNRC revised its ‘Combined Appropriation Guidance’ (attached to this Ordinance 2108 as Exhibit A) to clarify that any subdivision of land, as defined under Montana Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater, must receive a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance between proposed wells. 9. A combined appropriation of groundwater for a project or development exceeding 35 gallons per minute and 10 acre-feet per year requires a water right permit (“permitted wells”) and a combined appropriation under 10 acre-feet per year using wells pumping no more than 35 gallons per minute is exempt from permitting (“exempt wells”). 10. With limited exception, exempt wells serve as the physical and legal irrigation water source for existing parks, open spaces and certain rights-of-way areas in the City of Bozeman. 11. The current MT DNRC process to obtain a permitted irrigation well in a closed basin is protracted, cumbersome, technically complex and, unlike an exempt irrigation well, is without a reasonably certain or guaranteed outcome that a water right will be obtained. 12. It is unlikely that all new development applicants will be able to comply with the existing City of Bozeman requirement that, without exception, all parks, open spaces, and certain rights-of-way areas use a well for irrigation considering the March 23, 2022 Combined Appropriation Guidance because, unlike an exempt irrigation well, there is no guaranteed outcome that an applicant can obtain a permit for an irrigation permitted well from MT DNRC. 29 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 3 of 8 13. Amendments of certain municipal code sections enacted by this Ordinance 2108 are necessary to remove the mandatory requirement that wells be used for irrigation of parks, open space and certain rights-of-way areas in new developments in order to avoid undue hardship created by the March 23, 2022 Combined Appropriation Guidance and to provide necessary flexibility to allow for other sources of irrigation water supply for these landscaped areas. 14. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied. 15. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 16. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission and Planning Board, all submitted public comment, and all other relevant information. 17. The Community Development Board acting in its capacity as the municipal Zoning Commission and Planning Board considered the application materials, staff analysis and report, all submitted public comment, and all other relevant information. 18. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied. 19. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. SECTION 2 Section 38.550.070. - Landscaping of public lands of the Bozeman Municipal Code be amended as follows: Sec. 38.550.070. - Landscaping of public lands. A. City rights-of-way, open space and parks. 1. General. a. Tree planting permits must be obtained from the forestry department prior to installation of trees in city rights-of-way or parks. b. Drought tolerant landscaping grass seed must be planted in these city rights-of- way, open space and park areas, unless otherwise approved by the City. 2. External Sstreets, open space, and parks. The developer must at the time of initial development for installing drought tolerant landscapingvegetative ground cover, boulevard trees and an irrigation system when required by as needed in the public city rights-of-way, boulevard strips, and medians along all external perimeter development 30 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 4 of 8 collector or arterial streets and all streets where adjacent to public parks or other open space areas. a. Prior to installing landscaping in these areas, city rights-of-way or parks, the developer must submit a landscaping plan to the facilities manager city for review and approval. The landscaping plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. Tree planting permits must be obtained before any tree is placed on public land. b. Developer must specify irrigation water supply source. c. Wells must may be used to irrigate landscaping in these areas subject to applicable state law governing the appropriation of groundwater. i. The appropriation and use of groundwater for irrigation of parks and city rights-of-way shall takes priority over irrigation of open space and individual lots. ii. The developer mustshall ensure that the city obtains legal ownership of any water rights to groundwater appropriated for the irrigation of parks, city rights-of-way adjacent to parks and medians within city rights-of-way. 3. Adjacent to individual lots. When individual parcels are developed, the individual property owners' must install landscaping and street trees within the public city rights- of-way boulevard strips adjacent to their property, and providing provide for irrigation, in compliance with section 38.550.050.E.1. B. Maintenance. 1. Maintenance of landscaping installed within the boulevard portion of the public right- of-way, with the exception of tree trimming and tree removal, is the responsibility of the adjacent property owners'. 2. A developer must irrigate and maintain landscaping and irrigation systems along external arterial or collector streets and landscaping adjacent to parks or other open space areas. A Ddeveloper is responsible for maintaining the landscaping and irrigation systems of individual lots until the individual lot is transferred. Developer is responsible for park maintenance and irrigation until 50 percent of the lots are soldthe parkland is fully accepted by the City. and maintenance responsibilities assumed. 3. After acceptance of parkland by the City Thereafter, the City is responsible for maintaining and irrigating the parkland and the property owners' association is responsible for maintaining and irrigating these open space landscaped areas. The property owners' association may, with the city's approval, establish an improvement district to collect assessments to pay for the irrigation and maintenance of open space. 43. The city is responsible for the maintenance of all other required irrigation and landscaping installed in accordance with approved site plans within the public parks, city rights-of-way adjacent to parks and medians within city rights-of-way upon acceptance of improvements, except as stated in 2or on other public lands. C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner described in this section, provided that the state department of transportation has 31 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 5 of 8 reviewed and approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the public state right-of-way is the responsibility of adjacent property owners' unless a different responsibility is established by the encroachment permit. SECTION 3 Section 38.420.080. – Park development of the Bozeman Municipal Code be amended as follows: Sec. 38.420.080. Park development. A. General. Developers must consult any adopted citywide park plan, and with the parks department which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks must be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks must be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 1. Minimum required improvements to land dedications. The subdivider developer must level any park area, amend the soil, seed disturbed areas to allow mowing with turf type mowers, and install an underground irrigation system in compliance with city standards and specifications, unless otherwise providedapproved in an approved Park Master Plan, pursuant to 38.220.060.A.14. a. Parks must contain be seeded with drought tolerant landscaping grass seed unless approved otherwise provided in an approved park master planwriting by the park superintendent. 2. Irrigation. Parks must have be provided with an irrigation water supply that is legally and physically adequate to meet the irrigation water demands of the park landscape. The developer shall ensure the city obtains legal ownership of any irrigation water rights used to irrigate parks.The developer must irrigate the park area until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners’ association must be responsible for park irrigation. The property owners’ association may establish an improvement district to collect assessments to pay for irrigation. a. Wells may must be used to irrigate parkland subject to Sec. 38.550.070 BMC. b. Existing irrigation water rights appurtenant to parkland may be used for irrigation subject to city review and approval. c. The city’s existing municipal water supply may be used for irrigation of parkland, but only if wells and existing irrigation water rights are inadequate to meet the water demands of the parkland. B. Boundaries. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 32 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 6 of 8 C. Sidewalks. Sidewalks, when required within the development, must be installed by the developer at points where the park borders or crosses public or private streets. D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds may not be located on private lots. Stormwater retention or detention ponds must be maintained by the property owners' association. E. Clean up required. All fencing material, construction debris and other trash must be removed from the park area. SECTION 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. SECTION 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. SECTION 7 Codification. The provisions of Section 2 and Section 3 shall be codified as appropriate in the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. SECTION 8 33 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 7 of 8 Effective Date. This ordinance shall be in full force and effect on July 7, 2022. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 24th day of May, 2022. ____________________________________ Cynthia L. Andrus Mayor ATTEST: _________________________________ Mike Maas City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 7th day of June, 2022. ____________________________________ Cynthia L. Andrus Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: 34 Ordinance 2108, Amending Well Irrigation Requirements of the Bozeman Municipal Code Page 8 of 8 ____________________________________ Greg Sullivan City Attorney 35 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2111, Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards and Create Definitions for Infill and Missing Middle Housing, Application 22133. MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Project Summary The amendments create two new definitions and authorize additional administrative flexibility in applying adopted development standards for home construction. Infill has been a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community discussion of housing but likewise not formally defined. As applied to the new departures, the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. See the attached draft Ordinance 2111 for the proposed text. See the attached staff report for further background and purpose. The City Commission will consider this ordinance on June 7, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:As shown on the staff report. FISCAL EFFECTS:None. 36 Attachments: 22133 CDB Staff Report - Departures.pdf Ordinance 2111 Departures (DRAFT).pdf 22133 Departures amendments - e-news.pdf Report compiled on: May 11, 2022 37 Page 1 of 13 22133 Staff Report for the Housing Departures Text Amendment, Ordinance 2111 Public Hearings: Community Development – May 16, 2022. City Commission – June 7, 2022. Project Description: Create a new tool for additional flexibility in applying the City’s development standards for housing. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide to all development that includes housing. Recommendation: Meets applicable criteria. Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2111. Report: May 11, 2022 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Unresolved Issues None. Project Summary The amendments create two new definitions and a new section to authorize additional administrative flexibility. The amendments apply to adopted development standards for home construction. Infill is a long standing priority of the City but no formal definition of the term has been created. Missing middle housing is a more recent term in community 38 Staff Report for the Housing Departures Text Amendment 22133 Page 2 of 13 discussion of housing but likewise not formally defined. As applied to the new departures, the term missing middle housing is focused solely on the nature of the structure containing the homes and has no connection to the cost of the housing. See the attached draft Ordinance 2111 for the proposed text. These amendments are applicable across the entire city where construction including housing is allowed. Use of these departures is voluntary. The applicant can choose whether or not to use them. If another part of the code is more helpful to them then they don’t need to use departures. This work is partial implementation of a review of municipal standards for housing construction. The City Commission gave direction at their March 1, 2022 to start this amendment process. Separate ordinances addressing other housing and review processes will be reviewed during the course of the summer. A larger update of the UDC is starting this spring. The proposed amendments provide increased flexibility for the designer. The trade-off is additional complexity in code administration and less predictability for the general public. See Appendix A for additional information. Strategic Plan Implementation 4.1 Informed Conversation on Growth - Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. 4.2 High Quality Urban Approach - Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. 7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. Economic Vitality Board The Economic Vitality Board (EVB) has the duties of the former Community Affordable Housing Advisory Board. The EVB reviewed draft Ordinance 2111on May 5, 2022. They unanimously recommend approval to the City Commission. They had a question on the paragraph D requirement for departures submission along with initial application. 39 Staff Report for the Housing Departures Text Amendment 22133 Page 3 of 13 Staff response to the question. The City must disclose to the public what is being reviewed and possibly approved with an application. This enables the public exercise of constitutional rights to comment and participate in decision making. There isn’t a separate application for departures. Instead, a narrative explaining what departure is requested and how it meets criteria is part of the overall project package. The City could remove the requirement on initial submittal. However, the effect of a late submittal is to change the project and therefore reset public notices and other process requirements. So, putting in the submittal requirement up front actually speeds up the total review process. In the event a need for a departure is identified part way through a project the applicant can amend the application. That slows application review as noted above but departures are not locked out if the applicant overlook’s something initially. Alternatives 1. Deny the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Adopt the ordinance with directed amendments; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 40 Staff Report for the Housing Departures Text Amendment 22133 Page 4 of 13 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Strategic Plan Implementation ............................................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 4 Spot Zoning Criteria ........................................................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13 FISCAL EFFECTS ................................................................................................................. 13 ATTACHMENTS ................................................................................................................... 13 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as proposed. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on May 16, 2022, at 6 pm. The City Commission will hold a public hearing on the text amendment on June 7, 2022 at 6:00 p.m. SECTION 2 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. 41 Staff Report for the Housing Departures Text Amendment 22133 Page 5 of 13 A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. A growth policy provides a high level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1)(a), MCA. Bozeman adopted a new growth policy in November 2020. A review of the growth policy shows multiple goals and objectives relating to housing. The proposed amendments implement the growth policy. Examples of relevant goals and objectives are: N-1.1. Promote housing diversity, including missing middle housing. N-1.11. Enable a gradual and predictable increase in density in developed areas over time. Goal N-4: Continue to encourage Bozeman’s sense of place. DCD-1.2. Remove regulatory barriers to infill. DCD-1.5. Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-4.4. Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. 42 Staff Report for the Housing Departures Text Amendment 22133 Page 6 of 13 The proposed ordinance creates key definitions, such as infill, so it can be determined when standards can be subject to flexibility vs applied as the default values. The additional flexibility allows context specific analysis of individual sites. Analysis shows how a proposed departure may be more or less applicable to a given location. Previously undeveloped areas have fewer complications that make it harder to meet established standards. Long developed areas may have existing features that make it hard to meet a full standard, but can overall meet the purpose of a standard. The additional flexibility supports redevelopment with accompanying required increase in housing stock. The limits on the degree of flexibility allowed respects the existing context of an area and therefore Bozeman’s sense of place. The facilitation of additional housing construction will support an increase in density in a gradual manner and support redevelopment of areas not meeting their full potential at this time. The municipal code authorizes housing meeting the definition of missing middle housing in most residential and some mixed use zoning districts. Missing middle is, among other purposes, a method to support increased density in existing areas while addressing the constraints of smaller existing sites. No element of the proposed ordinance affects the future land use map. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Criterion is met. Building code standards for fire resistance, exiting, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. These departures will only apply in areas that can meet the generally applicable standards for development. Therefore, access by emergency services, suitable water and sewer services, and other safety features remain. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place. See also responses to Criteria B and D. The criteria for approval of a departure requires creation of additional homes therefore there will be a public benefit (additional housing) in exchange for the flexibility allowed by the departure. The additional criteria limit the scope of standard reduction to ensure that public interests and concerns are addressed. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its 43 Staff Report for the Housing Departures Text Amendment 22133 Page 7 of 13 capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction. Considering the code as a whole, the standards requiring provision of the infrastructure listed in this criterion are not being changed with these amendments. E. Reasonable provision of adequate light and air. Criterion met. Adequate light and air are provided by a mix of site development standards including park dedication, on-site open space, and setbacks; as well as building code requirements for air for combustion and ventilation. Each standard addresses a different functional element. The proposed amendments allow for some additional flexibility but still requires that each functional element be addressed. The core standards will still apply for the majority of new construction. The departures are seeking a balance between community priorities and offering more latitude in defined areas to support creation of additional numbers and wider range of homes types. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans or associated standards. Parking is a component of a functional transportation system. The proposed amendments include a modest adjustment for residential parking for a partial reduction for a small number of homes. The City will consider more extensive potential changes to parking under other amendments. Therefore, the impacts on transportation should be minimal from these amendments. G. Promotion of compatible urban growth. Criterion is met. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” 44 Staff Report for the Housing Departures Text Amendment 22133 Page 8 of 13 The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. The amendments do not alter the uses allowed in zoning districts. Setbacks and height are allowed to be reduced or exceeded by a small percentage which varies by district. Other standards addressing compatibility are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development. Therefore, staff concludes the criterion is met. H. Character of the district. Criterion is met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the text and not the zoning map. The analysis focuses on the nature and character of the districts separate from an individual property or site. No uses are changed by the amendments. The departures only apply to residential uses. Residences are allowed in some form in most zoning districts so the departures are applicable throughout most of the city. The definition of infill inherently restricts its use to about half of the city. This area will expand every year as the definition includes a time component. The types of housing meeting the missing middle definition excludes traditional single homes or apartments. These elements will limit the scope to which the departures may be applied. However, in combination the alternative criteria 3-5 for approval allows application through one or another criterion broadly in the community. The scope of departures is deliberately narrow. 38.250.060 states “The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the purpose of the particular standard and any additional departure criteria set forth for the particular departure opportunity.” The scope of specific departures shown in the amendments is deliberately modest. For example, in the R-3 district the maximum building height is 36 or 46 feet depending on roof pitch. The departure allows up to a 5 foot height increase. This means the departure authorizes up to a 13.8% to 10.8% increase in height. Such a difference is reasonably modest and does not materially change the character of the district. I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. Therefore, no detailed analysis regarding this criterion can be performed. The existing zoning districts were previously found to be suitable for the locations shown on the zoning map. 45 Staff Report for the Housing Departures Text Amendment 22133 Page 9 of 13 J. Conserving the value of buildings. Criterion is met. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. Site development review through the site plan, special use permit, or sketch plan review does address details and authorize construction once a building permit is issued. The proposed departures support increased housing construction in infill locations. This is an outcome supported by the growth policy, see Criterion A. Therefore, the criterion is met. Spot Zoning Criteria Amendments to the zoning map may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way. The amendments allow greater flexibility and development capacity equally to all applicable districts. Therefore, no analysis of spot zoning criteria is provided. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw 46 Staff Report for the Housing Departures Text Amendment 22133 Page 10 of 13 a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To Grow, If So How?” This section considers the question of whether or not the City should continue policies encouraging development within City limits. Several different related issues are discussed and the conclusion is that construction within the City is a better outcome. Affordable housing is a long standing community concern. It was first addressed in the 1972 Master Plan for the community and then all subsequent community land use plans. Several reports, studies, and plans including the Community Housing Action Plan and the One Valley Community Foundation, Gallatin County Regional Housing Study, document the needs for housing and the challenges in providing housing at costs affordable to residents. The City has several ongoing efforts to support creation of housing overall including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. The City consistently reviews and updates it regulations to keep them relevant and effective. Over the past 20 years, the City has increased allowed development intensity by the following and other actions: • reduced standards such as land area per home by as much as 60%; • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and 47 Staff Report for the Housing Departures Text Amendment 22133 Page 11 of 13 • simplified review processes. Despite this work the cost of housing has continued to escalate, especially compared to wages. The recent pandemic amplified existing trends and housing prices have greatly increased. An article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale prices in the Bozeman area from first quarter 2020 to first quarter 2022 increasing by $389,000. This is an increase of 76% in two years. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations they found consistent gaps in available wages and cost of construction. The following image is from that report. The City cannot change any regulation that offsets such large increases in home prices and capital gaps between wages and cost of construction. The City can, and is, examining what it does control to identify such incremental improvements as may help. To do so, the City retained Clarion and sub consultants to review the City’s land use regulations. Clarion 48 Staff Report for the Housing Departures Text Amendment 22133 Page 12 of 13 provided a report with recommendations of possible changes. The City Commission considered that report on March 1st and directed staff to begin drafting amendments to regulations. The first of these amendments is the Housing Departures for Housing Creation text amendment, Ordinance 2111. Amendments to replace planned unit development and affordable housing requirements and process will be reviewed this summer. A larger and more comprehensive code review is beginning and is expected to conclude by the end of 2023. The City has prioritized infill and redevelopment for many years. The proposed amendment continues code revisions in support of infill. The nature of previously developed areas is complex and highly variable as uses and structure change over time and under a range of regulatory standards. The new departures support infill by providing a bit of additional flexibility in applying standards, found to be necessary for public health, safety, and welfare, to existing sites. When developing a standard it is necessary to determine when it has been met. Generally, people prefer clear numeric standards and they are simpler to understand and apply. However, it is rare that a specific number is always exactly the right answer under every circumstance. The departure process allows an applicant to show compliance with the essential intent and most of the numeric standard under defined situations. This keeps a basic level of predictability while allowing some site specific responsiveness with associated ability to construct additional housing. 49 Staff Report for the Housing Departures Text Amendment 22133 Page 13 of 13 Housing in some form is allowed in all Bozeman’s zoning districts. Therefore, the scope of the amendment can apply to any parcel in the community. To take advantage of the new departure a development must construct housing. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 5/1/2022, 5/8/2022, and 5/22/2022 and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. One written public comment has been received so far on this item. Comments are available through the Laserfiche archive. If additional comments are received they will be placed in the same project folder in Laserfiche. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2111 Public information sheet 50 Ord 2111 Page 1 of 7 ORDINANCE 2111 (DRAFT) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO CREATE 38.320.070, DEPARTURES FOR HOUSING CREATION, ESTABLISHING A NEW METHOD OF DEPARTURES TO AUTHORIZE ADDITIONAL FLEXABILITY IN THE ADMINISTRATION OF SPECIFIED RESIDENTIAL STANDARDS, AMENDING 38.700.100, I DEFINTIONS, AMENDING 38.700.120, M DEFINTIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22133. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on May 16, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22133, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on June 7, 2022, to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 51 Ordinance No. 2111, Departures for Housing Creation Page 2 of 7 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2- 304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community which policies include support for infill and redevelopment, increased density of homes, and housing diversity. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy; and the growth policy encourages development of standards to encourage infill development and incremental increases in residential density in existing developed areas. 4. The City accepted as a basis for housing implementation actions an amended Community Housing Action Plan by Resolution 5143. 5. The City undertook a public process to review and consider possible revisions to the City zoning regulations with the intent to remove potential barriers and to encourage creation of additional housing and especially housing which accomplishes community aspirations identified in the growth policy and the Community Housing Action Plan. 6. The City Commission conducted a work session on March 1, 2022 to receive public comment, consider alternative options, and provide direction to staff during which work session they directed preparation of amendments in the form of those included with this ordinance. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission, all submitted public comment, and all other relevant information. 10. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied. 52 Ordinance No. 2111, Departures for Housing Creation Page 3 of 7 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. Section 2 That Section 38.320.070, Departures for Housing Creation, of the Bozeman Municipal Code be created to read as follows: 38.320.070, Departures for Housing Creation A. Intent. The intent of this provision is to allow minor departures from existing residential development standards when the review authority determines that the departure will reduce the cost of production of and an increase production of housing while maintaining consistency with the City’s adopted growth policy and purposes of this chapter. These departures are especially applicable to infill sites as defined in 38.700.100 and missing middle housing as defined in 38.700.120. B. Applicability. The review authority may approve departures from residential development standards as identified in Table 38.320.070 if the review authority determines that the criteria in Subsection C below have been met. Approval of a departure authorizes development with a different standard than is otherwise required by this chapter. Table 38.320.070 Ordinance Standard Amount of Departure Permitted from Standard All Types of Residential Dwellings Maximum or minimum building setbacks 10% Reduction from minimum setback requirements, (which may be limited by other standards or may have impacts on construction costs); Does not apply to watercourse or floodplain setbacks Maximum building height 5 feet above the maximum applicable limit in Division 38.320 Maximum lot coverage 10% above the maximum applicable limit in Division 38.320 Parking requirements for single or multi- household dwellings with 2 or more bedrooms 2 parking spaces per dwelling, without regard to number of bedrooms in each dwelling for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more Parking requirements for multi-household dwellings with one or fewer bedrooms 1 parking space per dwelling for any efficiency or one-bedroom unit for, not less than one and up to 5 dwellings or 20% of dwellings, in a development whichever is more Townhouse or Rowhouse Dwellings Useable open space (38.360.220) Reduction of up to 20% in required dimension, or area, or both of per-unit useable open space 53 Ordinance No. 2111, Departures for Housing Creation Page 4 of 7 Multi-household Residential (5+ units) Useable open space (38.520.060) 20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park Accessory Dwelling Units (ADU) Lot size ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size requirement for the principal structure and all other standards in the zone district in which the lot is located (except for lots under 3,000 sq. ft. in area or lots containing attached townhomes), without the requirement for 1,000 square feet of additional lot area Number permitted Up to 1 internal and 1 detached ADU per lot ADU size Minimum size is allowed to be above 600 feet up to a maximum size of 60% of gross floor area of primary dwelling unit; or If the ADU is above a garage: Equal to footprint of main floor of garage; or If the ADU is in an attic or basement: Equal to footprint of main floor of the primary dwelling. C. Criteria. To approve departures, the review authority must determine that criteria 1 and 2; and at least one of criteria 3-5 are met: 1. The departure will result in at least one more home than would otherwise be possible; and 2. The purpose of the standard can still be accomplished if the departure is granted; and 3. The departure will not impose negative impacts on surrounding property; or 4. The departure is applicable to missing middle housing; or 5. The departure is applicable to an infill site. D. Procedure. The request for a departure must be submitted with the initial application for any development. Review times and processes are coordinated with the development application. These departures are not applicable to subdivision reviews. E. Appeals. A decision by the review authority to approve or deny a departure may not be appealed independently, but the decision regarding an application as a whole that includes a departure may be appealed pursuant to Division 38.250. Section 3 That Section 38.700.100, I Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: 54 Ordinance No. 2111, Departures for Housing Creation Page 5 of 7 Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years. Section 4 That Section 38.700.120, M Definitions, of the Bozeman Municipal Code be amended to include a new definition with the remainder of the section to remain as written: Missing middle housing. A residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing. Section 5 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are hereby repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 7 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 8 Codification. 55 Ordinance No. 2111, Departures for Housing Creation Page 6 of 7 This Ordinance shall be codified as appropriate in Section 2 – 4. Section 9 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 56 Ordinance No. 2111, Departures for Housing Creation Page 7 of 7 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 57 Revisions to the Unified Development Code create more flexibility in housing standards. What? The City of Bozeman continuously evaluates its regulations, seeking more effective ways to address community issues and needs. Last year, Bozeman hired a consultant to look over its land development regulations and identify possible barriers to creating more homes in the community. The review included multiple public meetings and other opportunities to learn from the community. You can check out the full report from the project in the Documents section on the Code Audit web page to see details. The report contains suggested alternatives. The City Commission is considering which suggestions to pursue. The City proposes to change some regulations as a result of that evaluation. Other changes will follow. There are three things the proposed amendments will do: 1. Create a new section 38.320.070, “Departures for Housing Creation” in the Unified Development Code 2. Create a new definition for “Infill” to be included in section 38.700.100, I definitions. 3. Create a new definition for “Missing middle housing” to be included in section 38.700.120, M definitions. Why? Departures allow the city staff to approve development that meets a less restrictive standard than usually applies to building homes. Examples of departures include allowing a smaller lot size, fewer parking spaces, and flexibility in open space requirements. The additional flexibility is limited to specific purposes and only applies to the standards established in the new Departures section of the Unified Development Code. The intent of this amendment is to make it easier to construct homes, especially a broader variety of types of homes, and in areas that are already developed. The complete text of the proposal, and other related information like meeting dates, is available through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582- 2260, and online. The proposal may change as the public review process proceeds. Who Decides? At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may change any of the proposed wording in this project during the public hearing process. How can I weigh in? There will be two public hearings, on Monday, May 16, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, June 7, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to Chris Saunders at the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2111 in all comments. 58 If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). 59 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Upcoming Items for June 6, 2022 Community Development Board meeting. MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The following project review items are presently scheduled for the June 6, 2022 Community Development Board meeting. 1. Autumn Grove Condominium site plan - review responsibility as Design Review Board. 2. The Cottages at Blackwood Groves site plan - review responsibility as Design Review Board. 3. Shady Glen planned unit development concept review - review responsibility as Design Review Board, review and comment to aid in preparation of a formal application for a proposed planned unit development. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: May 11, 2022 60 Memorandum REPORT TO:Community Development Board FROM:Anna Bentley, Community Development Interim Director SUBJECT:Community development report MEETING DATE:May 16, 2022 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None required STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Attached is the Community Development projects report UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: ComDev Report March 2022.pdf Report compiled on: May 12, 2022 61 2 1 1 3 1 5 2 1 3 1 2 3 1 2 4 1 1 4 3 9 3 2 1 2 4 2 1 3 7 2 1 1 2 2 1 0 1 2 3 4 5 6 7 8 9 10 Applications Submitted and Approvals by Type March 2022 New Revisions Approvals This chart shows the number of new and revised applications submitted by application type, as well as the number of approvals granted by application type during the month of March 2022. Total counts are provided as well. Legend Annexation ANNX Site Plan SP Commercial Certificate of Appropriateness CCOA Special Temporary Use Permit STUP Comprehensive Sign Plan CSP Special Use Permit SUP Concept Review CONR Subdivision Exemption SE Condominium Review CR Subdivision Final Plat FP Informal INF Subdivision Pre-application PA Modification to an Approved Plan MOD Subdivision Preliminary Plat PP Neighborhood Certificate of Appropriateness NCOA Zone Map Amendment ZMA Master Site Plan MSP Zoning Verification ZVER Total Counts New 32 Revisions 23 Approvals 29 62 New Applications by Project Type Description Neighborhood Certificate of Appropriateness (NCOA) .05 acre, demo/build sfr Site Plan (SP)3.1 acre, 25,000 sq. ft. Medical office space Site Plan (SP)1.31 acre, 2 buildings, 6,214 sq. ft. office space and retail. Subdivision Pre-Application (PA) 25.99 acre, 5 lots proposed Zone Map Amendment (ZMA) R4 to B2M Master Site Plan (MSP)1.03, demo, 8 units Neighborhood Certificate of Appropriateness (NCOA) 0.35 acre, demo, 2 units with 2 ADUs Subdivision Preliminary Plat (PP) 8.72 acre, 46 lots Zoning Verification (ZVER)Zoning Verification Zoning Verification (ZVER)Zoning Verification Commercial Certificate of Appropriateness (CCOA)Interior renovation with small addition to the rear of the building and replacement of some front windows. Concept Review (CONR)8.7 acre, 152 unit Concept Review (CONR)5.33 acre, 158 dwelling units. Informal (INF)1.27 acres, 10 live/work units Modification to an Approved Plan (MOD) Replace existing pole lights with LED heads. Modification to an Approved Plan (MOD) Exterior modificationsot existing building. Modification to an Approved Plan (MOD) Install a 60 sf vestibule addition and a 170 sf addition for a cooler. Zone Map Amendment (ZMA) Zone Map Amendment Annexation (ANNX)81.5 acres. Concept Review (CONR)15.13 acres, 343 units Modification to an Approved Plan (MOD) Replacement of cell tower equipment. Neighborhood Certificate of Appropriateness (NCOA) Demo/build 2 townhome units, 2 ADUs Subdivision Pre-Application (PA) 5.47 acres, 50 lots, 46 townhomes Zone Map Amendment (ZMA) 3.55 acres, M-1 to B-2M Modification to an Approved Plan (MOD) 35,305sf new commercial space, renovation to existing building Subdivision Exemption (SE) Property line relocation Subdivision Final Plat (FP)6 acres, 4 lots Subdivision Final Plat (FP)21 acres, 68 single-household residential lots, 6 multihouseholdresidential lots, 5 restricted lots, 6 park parcels, 5 common open space Subdivision Pre-Application (PA)11.87 acres, 16 homesites, (of which two are affordable homesites & 7.13 acres riparian habitat/wetlands) Zone Map Amendment (ZMA) 15.04 acres, A-S to REMU Zoning Verification (ZVER)Zoning Verification Zoning Verification (ZVER)Zoning verification Revisions / Corrections for Existing Projects (20) Total New Applications:32 Approved / Reviewed Projects by Project Type Description Neighborhood Certificate of Appropriateness (NCOA) Expand existing kitchen & bedroom and replace existing garage with a new garage/ADU. Site Plan (SP)1.05 acres, 14 dwelling units in 4 buildings Zoning Verification (ZVER)Zoning verification Comprehensive Sign Plan Review (CSP) Updated CSP for the entire building. Condominium Review (CR)Convert existing duplex to condos. Condominium Review (CR) Condominiumize duplex Modification to an Approved Plan (MOD)Adding lofts to the approved site plan. It appears to be an additional 12 dwelling units. Modification to an Approved Plan (MOD) Changes to external glazing on fascade Neighborhood Certificate of Appropriateness (NCOA)Interior remodel and garage addition Neighborhood Certificate of Appropriateness (NCOA)ADU Neighborhood Certificate of Appropriateness (NCOA)Building a small, detached ADU along the alley. Neighborhood Certificate of Appropriateness (NCOA) Demo of existing structure and proposing a new custom residence and ADU on the site. Informal (INF).1 acres, 6K SF mixed use building w/ 3 dwelling units Site Plan (SP)Demo/ new 5 unit build Special Use Permit (SUP)Requesting alcohol sales w/in existing hotel Comprehensive Sign Plan Review (CSP) CSP for the Lovelace Building COMMUNITY DEVELOPMENT MONTHLY REPORT March, 2022 63 Neighborhood Certificate of Appropriateness (NCOA) 590 sf studio. Neighborhood Certificate of Appropriateness (NCOA) garage w/ ADU Special Temporary Use Permit (STUP) Requesting outdoor seating Subdivision Exemption (SE) Boundary realignment Total Approvals:20 64