Loading...
HomeMy WebLinkAbout20231108 - Sustainability Advisory Board - Model HOA Covenants - Final Recommendation Model MT ' ' BOZ E MAN ssociation covenants MT Oit WE MAN November 8. 2023 Sustainability Board Presented by Kira Peters, Assistant City Manager & Jesse DiTommaso, Economic Development Specialist TWI 1' AKS. L •y. --_- J '9 BOZ E MAN MT project Backg round Information Commission Priority Model HOA Covenants - Establish model homeowners association covenants that encourage water conservation , neighborhood and _ community connectivity, accessory dwelling units , childcare , drought tolerant landscaping, composting, local food , recycling and energy efficiency. Resolution 5368,, Adopting Commission Priorities for 2022 and 2023 ■ BOZ E MAN MT Public Engagement • Two In Person Public Meeting Options promoted on Engage Bozeman and Social Media (10/5/ 23 and 1.0/ 26/ 23 ) O O O O • Inner Neighborhood Council 11./9/ 23 • Public Survey BOZ E MAN MT Motion Lang uage : Having reviewed and considered the draft Model � Homeowner 's Association (HOA) Covenants, public comment, and all information p resented, I move to recommend approval of the proposed Model Homeowner 's � Association (HOA) Covenants as written, and request staff to f orward our recommendation to the City Commission . Sustainabili Water Conservation Diversity, Equity, & Inclusion Safety BOZ E MAN MT Cal , s of M 1 . Neighborhood & Community Connectivit v 2. Childcare I Water Conservation 4. Sustainability W7 5,, Community Development & Accessory - - - - DwellingUnits (ADU"s) - - A BOZ E MAN MT Q er. - tions for the Board Is the recommended covenant list complete? � �r Are there any recommendations staff should ► - remove from list? Economic Development Sustainabilit • Transportation & Engineering Water Conservation Solid Waste Community Development Legal BOZ E MAN MT Connr Problem Incomplete sidewalks force residents off a curb and into the Statements street. Trash receptacles in bike lanes force bikers into the lane of traffic. Planned trails and pathways in private open space disappear due to lack of maintenance. BOZ E MAN MT Conn � 0 Require all lots to build sidewalks Solution within one year of ownership. Statements Prohibit trash rece tacles in bike p � lanes where other sites are available. Contract for snow plowing on neighborhood sidewalks to ensure � consistent access. • BOZ E MAN MT Chp Problem There is a shortage of child care providers in Bozeman creating barriers to both access and Statement affordability. While state law ( MCA 76-2-412) states daycares � are allowed in all residential districts, some HOA covenants have language prohibiting residents from operating home day cares. • � BOZ E MAN MT Chil Sol u t6ion Include language that allows in home child care consistent with underlying Statement zoning. Exclude language prohibiting in home child care. � 1 BOZ E MAN MT VVater vat Bozeman is a fast-growing drought- Problem prone community facing numerous water supply constraints. Statement Outdoor watering of lawns and landscapes represents 50% of annual residential water use in Bozeman . • ' % � � Many HOA covenants require that r residents maintain lush turf grass lawns, and prohibit the removal of high water use turfgrass to install � drought-tolerant landscaping. BOZ E MAN MT miater f rva - Provide HOAs with model covenant solt.....j. tion language that aligns with city water conservation goals pertaining to Statement landscape and irrigation . Inform HOAs of the many benefits to drought tolerant landscaping (low , do � water use, pollinator habitat, low � maintenance, increased diversity) and encourage the installation of only 'functional' turfgrass in the landscape. Provide HOAs with drought-tolerant landscape maintenance practices. 0 BOZ E MAN MT Sustainabilitil The use of energy efficient/renewable Problem energy systems reduce green house gas emissions. Some HOA covenants Statements restrict these systems. � Covenants prohibiting gardens and chickens reduce our local food systems and the environmental and resiliency benefits associated with � � local agriculture. 0 0 BOZ E MAN MT Sustainability Eliminate covenant language prohibiting or Solution unreasonably restricting solar energy systems. StatementsModel covenants Ian provide can e ua for "the g right to dry" to ensure some accommodation for clotheslines or drying racks on the owner's property. Proposed language to allow for gardening and hen-raising, BOZ E MAN MT Community Development (Accessory Dwelling Units - Problem Bozeman lacks housing diversity which can negatively impact Statements affordability. HOA covenants can include language prohibiting diverse housing stock by limiting ADUs, requiring minimum house sizes, etc. Covenants with design standards and review cycles can significantly increase cost. BOZ E MAN MT Community Development (Accessory Dwell � � � � [Inet -q - ADU ' s) l Model covenant language that does Soutionnot prohibit additional dwelling units, minimum lot sizes, and/or minimum Statements building sizes. Encourage HOAs to implement relaxed design standards and speedy review times. BOZ E MAN MT Community Development ( Covenant Procedures) Problem Many home owners and renters in HOAs do not know how to amend Statements covenants. In some cases, the amendment procedures are clear, but difficult to enact despite a majority of residents' preference for change. BOZ E MAN MT Community Development ( Covenant Procedures ) SD I ui '"Zombie" covenant language t n 0 including an automatic expiration of Statements special standards established by the covenant after a period of 15 years. Clear amendment procedures that require a simple majority of residents. BOZ E MAN MT Reference List : Connectivity Child Care � Solid Waste Ae/ Sustainability Water Community Y Development . 11 Flexibility and Capacity for Updates and Additions Solid Waste Model Fire Resistance Model Covenants Covenants BOZ E MAN MT BOZ E MAN MT Wh t we More Public SafetyTools for HOAs with to EngageDefinitions city Programming Created by hunotika from Noun Project Created by Eko Pumomo from Noun Project BOZ E MAN MT Q er. - tions for the Board Is the recommended covenant list complete? � �r Are there any recommendations staff should ► - remove from list? AAMM Motion Language : Having reviewed and considered the draft Model Homeowner 's Association (HOA) Covenants, public ' comment, and all information p resented, I move to recommend approval of the ppro osed Model Homeowner 's Association (HOA) Covenants as written, and request staff to f orward our recommendation to the City Commission .