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HomeMy WebLinkAbout24461 Staff Report Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 1 of 35 Means Application No. 24461 Type Site Plan Project Name Blackmore Cottages Summary Construction of 24 two-story, 861 square feet, detached single-household dwelling units, each oriented towards common open space in a “cottage housing” subdivision. Parking and landscaping would be provided. A temporary fire engine turnaround would be provided off-site on an adjoining lot to the east which is under the same ownership. That lot, currently Lot 2A of the same amended plat as the cottage housing site, would be developed under a new Allison Phase 5 Subdivision application (#25681). With approval and recordation of that subdivision, a new Lot 1 of that subdivision would host a permanent means of secondary and/or emergency access within a 30-foot-wide access easement extending from the cottage housing site, through the new Lot 1 of the Allison Phase 5 subdivision, to an extension of South 7th Avenue (see Figures 9 and 10 below). This cottage housing project is designed and would be permitted under the Bozeman Municipal Code (BMC) Section 38.360.120 as a “cottage housing subdivision” which is explained below and described in detail in Appendix A as a convenience to readers because the Cottage Housing Subdivision, as a housing type, would not be included in the currently proposed Unified Development Code (UDC) update and, therefore, would not be shown in the new UDC text. Zoning R-2, Moderate-density residential Growth Policy Urban Neighborhood Parcel Size 2.61 acres Overlay District(s) None Street Address Unaddressed and located at the northeast corner of Student Drive and Bon Ton Avenue. Legal Description Lot 1A, Block 2, of the Amended Plat of Lot 1 and Lot 2, Block 2, Allison Subdivision Phase 4A, situated in S24, T2 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT. Owner Blackmore Cottage Co., LLC Applicant EG Construction, c/o Eugene Graf Representative Elizabeth Mans, WWC Engineering Staff Planner Susana Montana Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal 12/8/25 to 12/29/25 12/5/25 12/5/25 NA Advisory Boards Board Date Recommendation Development Review Committee The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted bl Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date 1/25/26 Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 2 of 35 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 or here. FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The Applicant proposed to the City a Site Plan (SP) to permit construction of 24 detached single-household dwellings as a cottage housing subdivision project per BMC 38.360.120. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, 38.360.120, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this__ 23rd _ day of ___January___, 2026, Erin George, Director of Community Development, or her designee approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR DESIGNEE Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 3 of 35 CONDITIONS OF APPROVAL 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. Temporary fire engine turnaround and shared access and maintenance agreement. Prior to final site plan approval and prior to occupancy of the housing portion of the development, the Applicant must provide the following elements for a temporary fire engine turnaround: (a) The temporary gravel fire apparatus turnaround facility on the adjacent Lot 2A which serves the housing project on Lot 1A must be designed to: (i) Withstand the weight of a 75,000 lb. fire apparatus vehicle and a certified engineer must verify that the facility can withstand this weight of the fire apparatus vehicle; (ii) The turnaround must be maintained with a workable gravel surface at all times to carry the above-cited weight and must be maintained clear of snow or debris by the cottage housing Property Owners Association (POA); (iii) When a permanent fire engine travel lane is provided on the Allison Phase 5 Lot 1 with connection to an extension of South 7th Avenue within that subdivision, the cottage housing POA must maintain the on-site and off-site fire lane in a similar workable condition as is required for the temporary facility; (iv) The access point between the cottage housing site of Lot 1A and the Allison Subdivision Lot 2A or a new Lot 1 of the Allison Phase 5 Subdivision must be equipped with an entrance gate, appropriate signage, removable bollards or similar facilities to keep non- Fire vehicles from using and/or blocking the fire lane; (v) The Applicant must install signs that meet the requirements of the Fire Code that say “No Parking Fire Lane”; and (vi) For both the temporary turnaround and a permanent fire access lane, the Applicant must provide a sign at the eastern boundary of the cottage housing site at the access to the fire engine turnaround facility which states that snow storage is not permitted to block the access to the turnaround and that private, non-emergency service vehicles are not permitted in front of the entrance or gate to the fire lane. (b) Prior to final site plan approval, the Applicant must record with the proper State, County or local officials a cottage housing Property Owners Association (POA) Articles of Incorporation, Bylaws, and a Covenants, Conditions and Restrictions (CC&R) document that clearly states the responsibilities of the POA to maintain the temporary and, when applicable, permanent fire lane or turnaround facility, the shared access easement, signage, surface materials, gate or bollards, and maintenance elements for as long as any of the dwelling units in the cottage housing site remain occupied. 3. Prior to final site plan approval, cottage housing subdivision recordation requirements of 38.360.120.C.3.g, reciprocal joint use and maintenance agreements for each dependent lot within the primary lot, must be executed for access, use and maintenance of common garage or parking areas, common open area and other similar features, and recorded with the Gallatin County Clerk and Recorder's Office along with the final plat. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 4 of 35 4. Prior to final site plan approval, a CC&R document for the cottage housing subdivision must be recorded which describes the mutual access and parking agreement and stipulates that the parking resources, drive lane and fire engine turnaround on Lot 2A are to be maintained by the Property Owners Association (POA) to ensure access to the site and parking spaces to the residents of the development and to assure access to both the temporary and permanent fire lane by the Fire Department and any other emergency service vehicle such as an ambulance or police vehicle. 5. Prior to final site plan approval for Lot 1A, the owner of Lot 2A, which is also the owner and Applicant of this Lot 1A cottage housing project, must begin the subdivision application process with a formal preliminary plat submittal, per 38.240.110, which shows a fire lane for the cottage housing subdivision Lot 1A extending through the new Lot 2A subdivision to a new South 7th Avenue street extension. 6. Prior to final site plan approval, a parking agreement for the cottage housing subdivision subordinate lots must be recorded with the County Clerk and Recorder on the property. 7. Prior to final site plan approval, signage prohibiting the parking or access onto or along the 96’ storm drainage pond access drive must be included on the C1.0 site plan drawing and associated building permit submittals. 8. Prior to final site plan approval, the utility box in the right-of-way at the planned northern connection of the 5’ public sidewalk must be relocated to facilitate a consistent boulevard width and sidewalk alignment. This update must be included on the C1.0 site plan drawing and associated building permit submittals. 9. Prior to final site plan approval and relevant building permit submittals, the applicant must update the reference to the standard drawing for the site drive approach on the C2.0 site details sheet to the applicable detail from the 2024 DSSP MODS. 10. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard record form for the following improvements: a) Street improvements to Student Drive between South 7th Avenue and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; b) Street improvements to Opportunity Way between Bon Ton Avenue and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; c) Street improvements to South 11th Avenue between Arnold Street and West Kagy Boulevard Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; d) Intersection improvements at Kagy Boulevard and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; e) Intersection improvements at Stucky Road and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; and f) Intersection improvements at Arnold Street and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The form shall state: “Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 5 of 35 Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner.” CODE PROVISIONS 1. BMC 38.410.130. Water Adequacy: The provided estimated annual municipal demand from the project is 5.62 acre-feet (AF), with a reduction of 0.124 AF (existing credit). The Cash-in-Lieu of Water Rights (CILWR) fee of $32,952.00 must be paid prior to the final site plan approval. 2. BMC 38.420.020. Parkland requirement. The applicant must pay their required Cash-in-Lieu of Parkland (CILP) fee prior to final site plan approval. 3. BMC 38.410.060.C.1. Easements – Prior to final site plan approval, the Applicant must record with the County Clerk and Recorder on the City-approved document the following easements applicable to both primary and subordinate lots within the subdivision: (a) Prior to final site plan approval, a Mutual Access Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (b) Prior to final site plan approval, a Mutual Drainage Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (c) Prior to final site plan approval, a 30’ Water and Sewer Pipeline Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (d) a ten (10) foot Private Utility Easement for utility access to cottage lots that do not front along the public right-of-way; (e) a ten-foot-wide public access easement in a north-south orientation along the eastern boundary of the property to be used as a public trail and to be built, operated and maintained by the subdivision’s Property Owners Association. (f) a Mutual Access Easement for lots 1A and dependent cottage lots and filing with the corresponding subdivision exemption at the County Clerk and Recorders office. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 6 of 35 Final site plan approval is conditional of receipt and review of an acceptable easement and exhibit for each easement with stage 3 infrastructure review, and hard copy execution by the Owner(s) and the City Manager and filing at the County Clerk and Recorders office. 4. 38.400.080 – Sidewalks - Title II ADA/PROWAG -The pathway alignment shown at the northernmost sidewalk connection is unacceptable. Add a note to remove the utility box from the right of way and align the sidewalk to match the boulevard width of the adjacent property. This sidewalk alignment revision and utility relocation must be completed, reviewed and verified, prior as a condition of final site plan approval. 5. BMC 38.560.140 Required Address Signs. Due to recent updates to the processes, the Subdivision Exemption will need to reach adequacy as well so that Engineering can determine what the new legal descriptions will be in order to add to the address/Finance records when the new addresses are entered. 6. BMC 40.04.720.c. Maintenance for stormwater facilities - The stormwater maintenance plan must reference the parent lot 1A and subordinate lots created for each cottage via subdivision exemption as a condition of final site plan approval. 7. A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form (Appendix E) is necessary to receive a building permit. See the "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.1.2 8. BMC 38.360.120.3.j. -If a subdivision exemption is used to create a cottage housing subdivision, installation of all required water and sewer mains and services, parking areas, and similar features must be completed and accepted by the City prior to recording of the subdivision exemption; or the developer may enter into an improvements agreement to secure the same work. The applicant must submit the 30' public sewer and water pipeline access easement and exhibit for review, processing and filing with the County Clerk and Recorders office with the stage 3 infrastructure submittal. Final site plan approval is conditional on infrastructure review and approval, filing of the subject easement, and a complete subdivision exemption amended plat. 9. The applicant must reference the updated standard drawing for the proposed drive approach from the OCT 2024 DSSP MODS (no. 02529-5A) prior to final site plan approval and building permit review. 10. BMC 38.520.070 Screening of Mechanical Equipment. Prior to submittal of building permit applications for this project, the applicant must revise the site plan and landscape plan sheets to label the location of exterior mechanical equipment of each building, such as electric meters and HVAC/”mini-split” facilities and shall indicate how they will be screened from view from pedestrians on sidewalks or from common open space areas on the Site. These revisions must be approved by the Community Development Director prior to final site plan approval. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 7 of 35 Figure 1: Site Location and Zoning Map Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 8 of 35 Figure 2: [Current] Allison Subdivision Phase 4A Amended Plat of Lot 1A and 2A, Block 2 Lot 2A Lot 1A Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 9 of 35 Figure 3: Proposed open space plan showing individual cottage patios and common open spaces Lot 2A Lot 1A Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 10 of 35 Figure 4: Landscape Plan showing cottage configurations Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 11 of 35 Figure 5: Type A Cottage Elevations Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 12 of 35 Figure 6: Type A Interior Plans Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 13 of 35 Figure 7: Type A Cottage 1st Floor Plan (647 sf). Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 14 of 35 Figure 8: Type A Cottage 2nd floor plan (214 sf) Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 15 of 35 Figures 9 and 10: Cottage housing site plan and proposed temporary and permanent fire lane on adjacent new Allison Phase 5 Subdivision Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 16 of 35 Figure 11: Concept design of future Allison Phase 5 Subdivision encompassing current Restricted Lot 2A of the Amended Allison Phase 4A Subdivision Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 17 of 35 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes. Zoning R-2, Moderate-density residential Yes, per Conditions 2 through 7 and Code Provisions 1 through 3 and 5 and 6. Please see Appendix A at the end of this document. Comments: The Urban Neighborhood land use category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Relevant Land Use Plan “Growth Policies”: N-1.1, Promote housing diversity, including missing middle housing. N-1.8, Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths. N-1.10. Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. N-3.2 Review zoning districts to assess the range of housing types in each district. N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 18 of 35 N-3.6 Include adequate residentially designated areas for anticipated future housing in the future land use map. N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing. R-2, Moderate-density residential zoning district. The R-2 district allows the Cottage Housing Subdivision land use. This cottage housing subdivision development follows the specific goals, objectives and standards of the City’s Unified Development Code (UDC) Section 38.360.120, Cottage Housing Subdivision, which is designed to accommodate smaller “cottage” detached dwelling units clustered around common open space. The proposed development, with Condition Nos. 2 through 6 and Code Provisions 1 through 3 and 5, will enable the project to meet the provisions of this “cottage housing subdivision”; the standards of which are described in whole in Appendix A below. The Cottage Housing Subdivision code section is provided at the end of this document as a courtesy to staff, the applicant and the public because the revised UDC, effective February 1, 2026, does not contain this cottage housing provision. The Bozeman Municipal Code webpage, found here, has a tab labeled “More” which allows one to review “previous versions” of the code, including the August 28, 2025 current version of Chapter 38 of the code. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership Yes, with Conditions 2 through 6. Comments: The Applicant proposes this development as a Cottage Housing Subdivision per UDC 38.360.120. The project described herein meets the standards of a cottage housing subdivision with the Conditions of Approval and Code Provisions listed above. However, the Applicant has the ability to build the cottage housing development as a single parcel, keeping each cottage dwelling as a rental housing unit. In this case, the Applicant would meet the same conditions and code provisions. The Applicant may decide to keep the parcel intact and establish a condominium association for the 24 dwelling units and the shared common areas. In this case, the Applicant would comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement this Act. If the owner chooses to establish condominiums for the cottage houses and common areas, a condominium association must be established with Covenants, Conditions and Restrictions (CC&Rs) in compliance with BMC 38.220. The Applicant must meet the fire engine turnaround shared access and maintenance agreement of Condition No. 2. If the Applicant moves forward with a Cottage Housing Subdivision project, he must meet all the conditions of approval and code provisions noted above. Section 38.360.120.C, allows the Applicant to record a subdivision of the parcel, referred as the “primary lot” into (1) up to 24 “dependent lots” for the individual cottage dwellings and (2) private common areas for the common use of the owners of the dependent lots. Each of the cottage dwellings would be privately owned and its owner would be responsible for maintenance and repair of his/her own “dependent lot” and would share in those responsibilities of all the common areas with the other dependent lot owners as a member of a Homeowners Association. Included in these maintenance responsibilities for this project would be the care and maintenance of the fire engine turnaround lane on the adjacent Lot 2A. The review procedures for cottage housing subdivisions are as follows: a. For the creation of five or fewer lots, the provisions for approval of a first minor subdivision apply; b. For the creation of six or more lots, the provisions for approval of a major subdivision apply; Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 19 of 35 c. A cottage housing subdivision is exempt from subdivision review pursuant to section 38.240.310 if; (1) The primary lot was previously reviewed as part of a subdivision; (2) All public street, water, sewer, and stormwater infrastructure (excluding individual services to proposed lots and internal main extensions) is installed; and (3) All park requirements applicable to the proposed density of dwellings have been satisfied. d. Cottage housing subdivisions meeting the requirements of section 38.360.120.D.2.c must: (1) Include notice to the public equal to that required for a site plan in Table 38.220.420; and (2) The subdivision application is subject to review for acceptability and adequacy pursuant to section 38.230.090. Per Condition of Approval No. 5, the Applicant must record a major subdivision final plat for the cottage housing subdivision, along with the CC&R document, the fire engine turnaround maintenance agreement noted in Condition of Approval No. 2 and must establish the Property Owners Association for the subdivision. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations Yes Comments: There are no known code violations on this Site. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes, with Conditions 2 through 9 and Code Provisions 1 through 8. Submittal requirements 38.220.100 Yes, with Conditions 2 through 8 and Code Provisions 1 through 9. Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The cottage housing subdivision has specific requirements for recording the creation of “dependent” lots of the individual houses within the single “primary” Lot 1A. Condition No. 3 identifies the measures the Applicant must take to establish the primary and dependent lots and record those relationships with the County Clerk and Recorder. The Applicant must record a Covenants, Conditions and Restrictions (CC&R) document with the Recorder which establishes those relationships and how common areas and assets will be managed and maintained over time. Condition No. 2 establishes a shared access and maintenance agreement between the Applicant, including any successor Property Owner Association (POA), and the owner of the adjacent Lot 2A that provides the fire engine turnaround facility. As part of the subdivision process, the Applicant will establish a Property Owners Association which will be responsible for the operation, maintenance and repair of common areas and the fire engine turnaround facility. Per 38.360.120.C.3.e(1), the dependent lot is not a buildable lot independent of the primary lot and associated cottage housing development. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 20 of 35 Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Meets Code? Yes, with Conditions 2 through 8 and Code Provisions 1 through 8. Comments: Should the Applicant move forward with a Cottage Housing Subdivision, he would meet the conditions of 2 through 8 and Code Provisions 1 through 8. However, the Applicant may choose to keep the Site as a single parcel and own and rent the 24 cottage dwellings. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Residential in the R-2 zone with the Cottage Housing Subdivision provisions of 38.360.120. Yes, with Conditions 2 through 8 and Code Provision 1 through 9. Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Meets Code? Yes, with Conditions 2, 3 and 4. Front 15’ 70’ Rear 20’ NA Side 5’ 99’ Alley NA NA Comments: The individual cottage dwelling lots contain the building footprint and a 200 square foot private open space porch. Each cottage lot must have at least seven feet of separation from another such lot, although an eave may protrude into that required distance by up to 18 inches. The distance between the subject lots is at least 10 feet. The Applicant owns the subject property, Lot 1A, as well as the abutting lot to the east, Lot 2A of the Amended Plat of Lot 1 and Lot 2, Block 1, Allison Subdivision Phase 4A. Lot 2A is a restricted lot of the Allison Subdivision 4A. A Restricted Lot cannot be developed until the owner applies for a new subdivision for that lot. The Applicant is proposing to install a fire engine turnaround facility on the adjacent Lot 2A as a temporary facility, rather than provide it on the cottage housing subdivision Site. The turnaround would remain as a temporary, gravel-surface lane until the Lot 2A subdivision is recorded showing a perpetual access easement and the turnaround would be properly surfaced with asphalt and properly signed for fire vehicle use only. Per Condition of Approval No. 4, the owner of Lot 2A, who is also the owner and Applicant of this Lot 1A cottage housing project, must begin the subdivision application process with a formal preapplication plat review, per 38.240.110, which has a plat showing the turnaround facility for Lot 1A, a perpetual shared access and maintenance agreement and appropriate CC&Rs for Lot 2A consistent with the CC&R document and Homeowners Association responsibilities of the cottage housing subdivision. The Lot 2A concept plat, called the Allison Phase 5 Subdivision, has been formally submitted for review and comment by the city’s Development Review Committee (DRC). Lot coverage Allowed: 100% Provided: 23% Yes Building height Allowed: 25 feet Provided: 20.5 feet Yes Comments: Meets the design standards of 38.360.120.F and Table 38.360.120.G-1 Applicable zone specific or overlay standards 38.330-40 Yes, with Conditions 1 through 9 and Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 21 of 35 Code Provisions 1 through 9. Comments: See Cottage Housing Subdivision standards in Appendix A. General land use standards and requirements 38.350 Meets Code? Yes Comments: The general land use standards of 38.350 for this cottage housing subdivision would be met by Conditions 1 through 9 and Code Provisions 1 through 9. Applicable supplemental use criteria 38.360 Yes, with Conditions 2 through 9 and Code Provisions 1 through 9. Supplemental uses/type 38.360.120. Cottage Housing Subdivision. Yes, per Conditions 2 through 9 and Code Provisions 1 through 9. Comments: Should the Applicant proceed with a cottage housing subdivision, he must satisfy the Conditions of Approval 2 through 9 and the Code Provisions 1 through 9 before a final site plan can be granted and a building permit can be issued. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: The proposed development has no wireless facilities. The dwelling units would be “market-rate” rental or for-sale units. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 – See Secondary Access Provision in Comments Yes Street and road dedication 38.400.020 N/A Access easements – Mutual Access Easement between Lots 1A and 2A provision Yes, per Condition 2. Level of Service 38.400.060 Transportation grid adequate to serve site Yes Comments: Per the provision of BMC 38.400.010.8 - Secondary access must be provided to sites to facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. This provision may be waived or conditionally waived by the DRC. The DRC considered the site plan layout proposed at its regular meeting on 11/19/25 and waived the need for the secondary access given the following; 1. The fire turnaround proposed with the subject site plan application meets the requirements and needs of the Fire Department as described in any and all site plan comments and conditions from the City Fire Marshal. 2. The secondary access provision of the BMC waived with this site plan will apply to subsequent subdivision or development of the adjacent lot being used for the proposed fire turnaround. With such development, the City will require that secondary access to the subject site plan be constructed according to city standard with connection to the future South 7th Avenue during the construction of the subdivision infrastructure. A mutual access easement between Lots 1A and 2A is provided by the applicant for the provision of access for emergency fire turnaround. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 22 of 35 Sidewalks 38.400.080 Meets Code? Yes, per Condition 8. Comments: The pathway alignment shown at the northernmost sidewalk connection is unacceptable. Per Code Provision No. 4, the applicant must add a note to remove the utility box from the right-of-way and align the sidewalk to match the boulevard width of the adjacent property. This sidewalk alignment revision and utility relocation must be completed, reviewed, and verified prior to final site plan approval. Drive access 38.400.090 Access to site: 1 Yes, with Conditions 2 , 4, 5 and 7. Fire lanes, curbs, signage and striping Yes, with Conditions 2 , 4, 5 and 7. Comments: The Applicant has elected not to construct a fire engine hammerhead or turnaround lane on the Site. In lieu of this required fire safety improvement, and because the Applicant owns the adjoining parcel to the east (Lot 2A), a temporary fire apparatus turnaround will be provided on Lot 2A, with a future permanent fire access lane extending to a new South 7th Avenue extension to Student Drive will be provided. Per Condition of Approval No. 2, the temporary turnaround must comply with all applicable standards of the International Fire Code (IFC) for fire apparatus access roads, including the required maneuvering radius. The surface shall consist of compacted gravel engineered to support a 75,000-pound fire apparatus, with design and certification provided by a qualified professional engineer. The Applicant has submitted a subdivision concept plan application for Lot 2A which will include a permanent fire lane constructed to Fire Department standards and connected to a future extension of South 7th Avenue. For both the temporary and permanent facilities, the Applicant shall install signage at the eastern boundary of the Site, at the point of access to the fire apparatus turnaround, stating that: 1. Snow storage is prohibited in any manner that obstructs access in front of the turnaround and the turnaround itself; and 2. Private, non-emergency vehicles are prohibited from entering or occupying the space in front of the turnaround area. Per Condition of Approval No. 10, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard record Form. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes, with Conditions 2 and 8. Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: A 30-foot north-south public trail easement along the eastern property boundary is already in place and dedicated to the city (recorded Doc #2817575). An east-west pathway is provided by sidewalks on both sides of the central shared parking lot. The closest public transit stop lies north at the University. Per Condition 8, prior to final site plan approval, the utility box in the right-of-way at the planned northern connection of the 5’ public sidewalk must be relocated to facilitate a consistent boulevard width and sidewalk alignment. This update must be included on the C1.0 site plan drawing and associated building permit submittals and must be completed, reviewed and verified, prior to final site plan approval. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 23 of 35 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians, alternative block delineation Yes Comments: A 30-foot north-south public trail easement along the eastern property boundary is already in place and dedicated to the city (recorded Doc #2817575). An east-west pathway is provided by sidewalks on both sides of the central shared parking lot. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes, per Condition 7 and Code Provision 3. Easements (City and public utility rights-of-way etc.) Water, sewer, and stormwater Other utilities (electric, natural gas, communications) CIL of water rights (CILWR) Yes, with Code Provision 1. Comments: BMC 38.410.130. Water Adequacy: The provided estimated annual municipal demand from the project of 5.62 acre-feet (AF), with a reduction of 0.124 AF (existing credit) and CILWR fee of $32,952 are acceptable. Payment must be made prior to the final site plan approval. Municipal infrastructure requirements 38.410.070 Yes, per Conditions 2, 8, 10 and Code Provisions 1, 3, 5 and 8. Comments: Per the conditions noted above, the water, sanitary sewer, access, drive approach and street improvement easements and maintenance provisions will be required and provided. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes, per Code Provision 5. Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Parking lot and residential adjacency landscaping meets code and provides 100% drought-tolerant species of plants. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There are no watercourses on the Site. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 24 of 35 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A and 38.420.030 for CILP. Parkland dedication for this lot was provided with the initial subdivision of Allison Phase 4A and included in the park master plan. Land dedication was provided for unknown density up to 6 dwelling units per acre with subsequent lot development subject to Sec. 38.420.020.A.2.b. Proposed project is responsible for cash-in-lieu of parkland dedication for an additional 4 dwelling units per acre for a CILP value of $24,453.75. Yes Cash donation in lieu (CIL) 38.420.030 CILP must be accepted per Sec. 38.420.020.A.2.b. Yes Improvements in-lieu NA Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscape Block Frontage (BF) Yes Departure criteria None requested NA Comments: Section 38.360.120.F.9.c, Design Standards, requires each cottage abutting a public street must have a secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street. Twelve cottage buildings abut a public street. Since the buildings face their own private open space porch and are oriented towards the common open space areas of the development, the Applicant has applied an “overhang” architectural element on the façade that faces the street. This is a minimal treatment but meets code. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 25 of 35 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes, with Condition 2 for the fire engine turnaround. Comments: Cottage Housing Subdivision design standards Yes, with Conditions 2 through 6 and Code Provision 7. Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes, per Code Provision No. 3 (e). Comments: Pedestrian pathways are provided within the project, and a north-south public access trail is also provided and per Condition No. 3.(e) will be built, operated and maintained by the subdivision Property Owner Association. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes, with Conditions 2 and 5. Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 Yes Total required Private open space per 24 cottage lot is 200 square feet (sf) for a total of 4,800 sf. Common open space for each cottage lot is 400 sf for a total of 9,600 sf for a total open space requirement of 14,400 sf. Total provided 20,521 sf Comments: Open space meets code. Location and design of service areas and mechanical equipment 38.520.070 Meets Code? Yes, per Code Provision 9. Comments: The submitted plans do not indicate the location of exterior mechanical equipment. Per Code Provision 9, prior to submittal of building permit applications for this project, the applicant must revise the site plan and landscape plan sheets to label the location of exterior mechanical equipment of each building, such as electric meters and HVAC/”mini-split” facilities and shall indicate how they will be screened from view from pedestrians on sidewalks or from common open space areas on the Site. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Building details, materials, and blank wall treatments 38.530.050-070 Comments: Each cottage is proposed to have an area of 861 square feet and have a height of 20’-5”. The first floor will be approximately 647 square feet, and the second-floor loft will be approximately 214 square feet. The cottages are proposed to have a metal roof and sided with Hardie Shakes. The door and window trim colors of each cottage will alternate between black, Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 26 of 35 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes, with Conditions 3 through 7 and Code Provision No. 3 (f). Parking requirements residential 38.540.050.A.1 2 spaces per two-bedroom dwelling Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 48 spaces Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 34 spaces Provided on-street 18 spaces Bicycle parking 38.540.050.A.4 10% of 48 parking spaces = 5 and 16 are provided. Comments: The residents, or owners, of the dependent lots share the on-site parking spaces, the drive access and common open space areas. Therefore, the applicant must record reciprocal joint use and maintenance agreements for each dependent lot within the primary Lot 1A. This must be executed for access, use and maintenance of common access, parking areas, common open area and other similar features, and recorded with the Gallatin County Clerk and Recorder's Office along with the final plat per Condition No. 3. As noted earlier, the cottage housing project is dependent upon the adjacent Lot to the east, Lot 2A, for Fire vehicle turnaround and future access to South 7th Avenue extension. Therefore, per Condition No. 5, prior to final site plan approval for Lot 1A, the owner of Lot 2A, which is also the owner and Applicant of this Lot 1A cottage housing project, must begin the subdivision application process with a formal preliminary plat submittal, per 38.240.110, which shows a fire lane for the cottage housing subdivision Lot 1A extending through the new Lot 2A subdivision to a new South 7th Avenue street extension. Per Condition No. 4, a Covenants, Conditions and Restrictions (CC&R) document for the cottage housing subdivision must be recorded which describes the mutual access and parking agreement and stipulates that the parking resources, drive lane and fire engine turnaround on Lot 2A are to be maintained by the Property Owners Association (POA) to ensure access to the site and parking spaces to the residents of the development and to assure access to both the temporary and permanent fire lane by the Fire Department and any other emergency service vehicle such as an ambulance or police vehicle. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length Na Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required 100% provided Parking lot landscaping 6 trees & 1,716 sf of planting bed Additional screening Street frontage Bon Ton Ave. 6 trees Student Dr. 7 trees Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes blue, white, and yellow to create a diversity in the cottage designs and help establish a recognizable personality for each cottage as well as the development as a whole. No site lighting is proposed; lighting will be limited to individual buildings. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 27 of 35 Residential adjacency NA Comments: The residentially zoned land to the south of the Site is separated by Student Drive. The 7 street trees and landscaping along that street serve as adequate vegetative separation. A minimum 175 sf of tree canopy cover per dwelling is provided -- with an average of 396 sf of tree canopy per dwelling for the site. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: Signage is not part of this application. Signs require a separate building permit. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: There is not exterior lighting of the parking lot or of pedestrian pathways to individual homes. Lighting of the exterior entry door is dark sky compliant. Should the Homeowners Association seek to add lighting to the parking lot and pedestrian pathways or common open space areas, the light fixtures must meet the standards of 38.570. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: Public notice was posted on the property and was mailed to owners of adjacent lands on December 5, 2025. No comments have been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes, per Condition 2(b), 3, 4, 5, 6 and Code Provision 3. Required easements for this development include: (1) Shared Access Easement between the owner of Lot 1A and 2B for the fire engine turnaround facility; (2) Mutual Access and Shared Parking Agreement between the owner and the Homeowners Association; (3) Mutual Drainage Easement; (4) a Public Sewer Pipeline and Access Easement. Comments: To meet the standards of the BMC and, in particular, the provisions of the cottage housing subdivision 38.360.120, the applicant must provide the required easements and shared access agreements noted herein. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 28 of 35 Appendix A. [This section is provided in total because this provision of the BMC is eliminated by the 2026 UDC update, Ordinance No. 2151.] SEC. 38.360.120. COTTAGE HOUSING SUBDIVISIONS. A. Purpose and intent. 1. The purpose of this section is to achieve the goals and objectives of the land use and housing chapters of Bozeman's growth policy and the goals of division 38.380 Affordable Housing. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy. 2. Cottage housing development regulations are designed to: a. Provide opportunities for creative, diverse and high-quality infill and greenfield development compatible with existing neighborhoods; b. Support development of diverse housing in accordance with the growth policy; c. Increase the variety of housing types available within the community; d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and e. Provide opportunities for small, detached cottages within existing neighborhoods. B. Goals. 1. Increase housing supply and the choice of housing styles available in the community as encouraged by the growth policy; 2. Provide for development of housing that responds to changing demographics and smaller-sized households; 3. Support the efficient use of land and higher density infill in developed areas; 4. Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes; 5. Promote high-quality housing design to minimize impacts of more dense development on adjacent properties; 6. Allow flexibility in site and design standards while promoting infill projects compatible with existing single- household developments; 7. Ensure cottage housing contributes to the overall character of residential areas; 8. Provide for centrally located and functional common open space that fosters a sense of community; 9. Provide for semi-private areas around individual cottages to enable diversity in landscape design and foster a sense of ownership; 10. Minimize visual impacts of parking areas; and 11. Provide opportunities for creative, diverse and high-quality developments compatible with existing neighborhoods. C. Cottage housing subdivisions. 1. Cottage housing developments involve the subdivision of a parcel of land, referred to herein as the primary lot, into a) dependent lots for individual dwellings; and b) a private common area for the common use of the owners of the dependent lots. 2. The review procedures for cottage housing subdivisions are as follows: Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 29 of 35 a. For the creation of five or fewer lots, the provisions for approval of a first minor subdivision apply; b. For the creation of six or more lots, the provisions for approval of a major subdivision apply; c. A cottage housing subdivision is exempt from subdivision review pursuant to section 38.240.310 if; (1) The primary lot was previously reviewed as part of a subdivision; (2) All public street, water, sewer, and stormwater infrastructure (excluding individual services to proposed lots and internal main extensions) is installed; and (3) All park requirements applicable to the proposed density of dwellings have been satisfied. d. Cottage housing subdivisions meeting the requirements of section 38.360.120.D.2.c must: (1) Include notice to the public equal to that required for a site plan in Table 38.220.420; and (2) The subdivision application is subject to review for acceptability and adequacy pursuant to section 38.230.090. 3. Requirements and restrictions. a. The development as a whole must meet the development standards of this chapter applicable at the time the subdivision application is deemed adequate. b. The primary lot must meet the size, length, width, frontage, and similar development standards of this chapter. c. Homes on dependent lots do not need to meet the lot size, lot coverage, lot configuration, or setback requirements (except watercourse and overlay district) in this chapter except as shown in table 38.360.120.G-1. Private open space for each cottage must be provided on the same lot as the cottage it serves, and any structure must be within the boundary of the dependent lot. d. Lot subdivisions and subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the primary lot. e. Notes on the conditions of approval page of the plat must include the restrictions applicable to the dependent lots including but not limited to: (1) The dependent lot is not a buildable lot independent of the primary lot and associated cottage housing development; (2) Additional development of the dependent lots may be limited as a result of the application of development standards applicable to the primary lot; (3) Any and all restrictions that apply to the common open areas; and (4) Permitted cottage square footages. f. A cottage housing subdivision may use the concurrent construction provisions of section 38.270.030.D without the requirement of a planned unit development. g. Reciprocal joint use and maintenance agreements, for each dependent lot within the primary lot, must be executed for access, use and maintenance of common garage or parking areas, common open area and other similar features, and recorded with the Gallatin County Clerk and Recorder's Office along with the final plat. h. A cottage housing subdivision must include establishment of a property owner's association which meets the requirements of sections 38.220.310 and 38.220.320. The property owner's association must hold title to and maintain all common areas. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 30 of 35 i. Separation or use of a dependent lot in a manner contrary to the approved cottage housing subdivision is a material modification of the project and subject to section 38.100.070. j. If a subdivision exemption is used to create a cottage housing subdivision, installation of all required water and sewer mains and services, parking areas, and similar features must be completed and accepted by the city prior to recording of the subdivision exemption; or the developer may enter into an improvements agreement to secure the same work. k. The following modifications require compliance with section 38.100.070: (1) Increasing the number of cottages; (2) Altering the character of the development by relocating common spaces, adding or removing common buildings, or changing the design of more than 20 percent of the cottages; (3) Increasing the floor area in one building by more than ten percent; (4) Changing access points to the primary lot; (5) Moving buildings around on the site; (6) Reducing the area of common open spaces by more than two percent; or (7) Diminishing the effectiveness of perimeter buffers. D. Density standards. 1. The following density standards apply to cottage housing subdivisions and replace those listed in sections 38.320.020 and 38.320.030. A "cluster" refers to a group of cottages oriented toward a common open area. a. Up to two cottages may be built for each non-cottage single-household dwelling allowed under the zoning applied to the property. b. Existing single-household dwellings on the primary lot will count towards total units. If the existing dwelling exceeds the maximum allowed gross floor area of a cottage it counts as two cottages in determining maximum allowed density. c. Minimum units per cottage cluster: four. d. Maximum units per cottage cluster: 12. e. Maximum units per cottage housing development: 24. f. Accessory dwelling units are not allowed within a cottage development. g. When cottage housing units meet the definition of affordable housing under division 38.380 the maximum units under (d) and (e) do not apply. Every unit in the proposed development would have to be affordable in order to exceed the maximum. 2. Existing dwellings. An existing detached single-household dwelling that is incorporated into a cottage housing subdivision as a residence and which exceeds the standards of this section may remain and will be counted as one or more of the allowed units. However, the extent of the noncompliance may not be increased unless the proposed change is determined by the review authority to be consistent in character, scale and design with the cottage housing development. Repair, maintenance and reconstruction of a nonconforming dwelling are regulated by division 38.280. An existing dwelling may be replaced with cottage units consistent with this section. E. Departures from the design standards in this section. 1. An applicant may request departures from the provisions of paragraphs G-I of this section. Departures must be consistent with the purpose, intent and requirements of this section. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 31 of 35 2. The applicant must describe each requested departure, and document in writing how the departure is consistent with the purpose, intent and requirements of this section. 3. A departure must not exceed ten percent of any numeric standard. A departure may not alter procedural requirements. A departure may only apply to the application of standards internal to the primary lot and not to standards applicable to the separation or interaction of cottage housing to an adjacent parcel. 4. The review authority may approve a departure after documenting in writing that the departure is consistent with the intent, purpose and requirements of this chapter; and do not threaten the public health, safety, or welfare. F. Design standards. The cottage housing option minimizes the required sizes of side, rear, and front setbacks on dependent lots. As a result, small lots are ultimately shaped by building configuration. Designers should consider how the arrangement of interior space affects exterior massing and how the configuration of building elements responds to adjacent buildings. Design strategies incorporating neighborhood context include considerations of building height transitions, arrangement of buildings and open space, landscape elements, vehicular drive aisles and pedestrian paths, and architectural details and scaling devices that break down the massing of the development. With reduced setback requirements and small lot areas, providing access to air, light, and ventilation is more challenging than with typical single dwelling designs. Architects and builders must use the following design standards to take full advantage of the unique design opportunities presented to them to create livable environments. These design standards: 1. Ensure that cottage designs are based on a coherent architectural concept; 2. Ensure that the overall sizes of cottages are smaller and cause less visual impact than standard sized single- household dwellings; 3. Ensure that cottages contribute positively to the architectural character of the neighborhood; 4. Provide flexibility in design and contrast among individual cottages while assuring attention to design features and character; and 5. Provide variety in cottage housing developments through a mixture of building sizes and footprints. The following table establishes specific performance standards for development of cottages and cottage housing. All cottage development must be evaluated against the standards of this table. Table 38.360.120.G-1 Standard Requirement Minimum number of cottages with less than 1,000 square feet gross floor area 25% of total cottages Maximum number of cottages exceeding 1,200 square feet gross floor area 25% of total cottages Maximum gross floor area per cottage 1,500 square feet Maximum cottage footprint 1,000 square feet (includes attached garages) Maximum size of 2nd floor 100% of gross floor area of 1st floor Minimum floor area per cottage Minimum livability standards as defined by Chapter 3 of the International Residential Code Minimum common open space per cottage (See subsection H below for more information) 400 square feet Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 32 of 35 Minimum private open space per cottage (See subsection F.10 below for more information) 200 square feet Maximum height for cottages 25 feet for two stories and 18 feet for single story cottages Maximum dormer size Dormers greater than 40% of sidewall width in aggregate will be considered a floor Setbacks (to exterior property lines of primary lot) See 38.320.020 or 38.320.030 as applicable; except that porches and steps may encroach up to five feet into a required front setback Maximum height for accessory structures and community buildings 18 feet Minimum distance between detached structures (including accessory structures) Seven feet with allowed eave protrusion into the required distance of up to 18 inches Lot coverage Allowed lot coverage within individual dependent lots - 100% so long as all other standards are met allowed lot coverage within primary lot - As otherwise restricted in this section 6. Cottage size. Areas within a cottage which do not count toward the gross floor area or footprint calculations: a. Interior spaces with a finished ceiling height of six feet or less, such as in a second-floor area under the slope of the roof; b. Unheated storage space located under the ground floor of the cottage; c. Attached unenclosed porches; d. Detached garages; e. Carports; or f. Architectural projections (i.e., bay windows, fireplaces or utility closets) no greater than 12 inches in depth and four feet in width. 7. Documentation of approved cottage size. The total approved square footage of a cottage must not be increased from its approved size by more than two percent. A note must be placed on the conditions of approval sheet of the final plat stating this limitation for each dependent lot and noting the approved size of the cottage for that dependent lot. 8. Roofs. A gable, hipped, or other sloped roof form is required. Non-sloped roofs may be considered as a departure. Dormers are allowed. 9. Orientation of cottages. a. Each cottage must be oriented toward a common open space, and not less than 60 percent of the units must about the common open space; b. Dependent lots in a cottage housing development are not required to about a public street. Lots not abutting a public street must provide legal and physical access from a public street to the dependent lot; Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 33 of 35 c. Each cottage abutting a public street (not including alleys) must have a secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street; d. Cottages must be arranged around the common open space. The cottage's main entries may be either off the common open space or from the public street. 10. Private open space. The private open space required in Table 38.360.120.G-1 must be provided contiguous to each cottage and be contained within the boundary of the dependent lot for the exclusive use of the cottage residents. Orientation of private open spaces toward the common open space is required unless applicant demonstrates that an alternative location provides a superior outcome for both the individual cottage and cottage housing subdivision. The area of an unenclosed porch may be included in the required private open space. Private open space must have no dimension less than ten feet. 11. Basements. Cottages may have basements. In areas where groundwater is determined to be at a depth of less than nine feet no basement is allowed. 12. Cottages located facing a public street. Cottages located facing a public street must provide: a. A covered entry feature (with a minimum dimension of six feet by six feet) visible from the street; b. At least two architectural details visible from the street, such as: (1) Decorative lighting; (2) Decorative trim; (3) Special door details; (4) Trellis or decorative building element; (5) Bay window; or (6) Alternative design treatments, which may be considered by the review authority on a case-by-case basis. 13. Character and diversity. Cottages and accessory buildings within a cluster must be designed within the same family of architectural styles. a. Examples of unifying architectural elements include: (1) Similar building/roof form and pitch; (2) Similar siding materials; (3) Similar porch detailing; and (4) Similar window trim. b. Variety in building and site design. Cottage housing developments must avoid the repetitive use of the same combination of building size, styles, features, and site design elements within an entire cottage housing subdivision and between adjacent dwellings. Dwellings with the same combination of features and treatments may not be located adjacent to each other. c. Porches. Porches must create a visual and physical connectivity to the common open space and to other cottages. Cottage porches must: (1) Be unenclosed, covered; (2) Surround or enclose the primary entrance to the cottage; (3) Be oriented toward a common open space or a public street; and (4) Have at least 80 square feet in area with no horizontal dimension shorter than six feet. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 34 of 35 d. Façade transparency. Transparent windows and/or doors are required on the façades of cottages facing a street and common open space. The area of the windows and doors must be at least ten percent of the area of the façade on which they are located. 14. Fence design standards. The standards of this paragraph are in addition to the standards of section 38.350.060. a. Fencing and screening. The intent of internal decorative fencing and screening is to delineate private yards and to screen parking structures, community assets and cottage walls. A cottage housing development must internally be an open community sharing common areas; b. Decorative fencing may be used for delineating private yards; c. Fencing or shrubbery may be used to screen parking areas, community assets, and cottage walls; d. Dependent lot fencing and shrubbery may not exceed 36 inches in height, except directly adjacent to a parking area. G. Community assets. 1. Common open space. Setbacks and common areas serve a dual function and therefore deserve particular attention. They act both as habitable outdoor space for owners and as shared areas within the proposed development and the neighborhood. The setback is a visual amenity to the development, neighborhood, and passers-by. Additionally, it serves as a semi-transparent bridge between the private interior of the home and common areas. Landscaping should be visually interesting, sustainable, and relatively easy to maintain. The minimum common open space requirements set forth in this section are intended to provide a sense of openness, visual relief, and community. Common open spaces provide many of the functions of required rear and front setbacks in sections 38.320.020 and 38.320.030. Common open space must provide a centrally located, focal area for the cottage housing subdivision. a. The total common open space must be at least 1,600 square feet, regardless of the number of units in the cluster; b. The required common open space may be divided into no more than two separate areas per cluster; c. To be included as part of the common open space requirement, a common area must have minimum dimensions of 20 feet on all sides; d. At least two sides of each common open space must have cottages along the perimeter; e. Common open space must comply with the term's definition in section 38.700.040. However, the building footprints of community buildings, excluding garages, are counted towards the common open space requirements; f. Landscaping requirements: (1) All common open spaces must have landscaping as defined in section 38.700.110 except those portions developed for play structures, common structures, gardens or similar uses; (2) All cottage housing developments must be designed to have a minimum of 160 square feet of tree canopy cover per dwelling at maturity of the species selected for the landscaping; (3) The provisions of section 38.550.060 do not apply to cottage housing subdivisions. 2. Community buildings. a. Community buildings are permitted in cottage housing developments. b. Community buildings must be clearly incidental in use and size to cottages. c. Design must be similar to and compatible with the design of the cottages. d. Other shared facilities could include tool sheds, gazebos, workshops, or similar common elements. Staff Report Blackmore Cottages Site Plan Application # 24461 January 5, 2026 Page 35 of 35 3. Storage. a. Storage closets for each cottage may be included as part of community buildings or added to garages. b. Storage for gardening supplies or similar shared items may be included as part of a community building. H. Access and parking. 1. Purpose. The intent of these access and parking standards is to minimize the visual impact of vehicles and parking areas for residents of the cottage housing development and adjacent properties and to provide for adequate off- street parking for cottage housing. 2. Off-street parking. a. No off-street parking space is required to be enclosed. b. Garages may not exceed 125 percent of the minimum width or area required by Table 38.540.020 for a single vehicle. c. Guest parking may be clustered with resident parking. Guest parking must be clearly identified as reserved for visitors. d. At least one stall of each parking type must meet the accessibility standards of the building code. e. Enclosed garages may not be located on the façade of the cottage with the primary entrance. Carports or unenclosed parking adjacent to a cottage may be on the façade with the primary entrance. 3. Parking design. The intent of these parking design standards is to create unobtrusive parking, by screening parking structures and spaces from surrounding properties, including screening by architectural design and/or vegetation, and by minimizing the number of contiguous parking spaces. a. Shared detached garage structures may not exceed four garage doors per building and a total footprint of 1,200 square feet. b. Parking must be separated from the common open space, adjacent properties, and public streets by landscaping and/or architectural screening. Solid board fencing is not allowed as an architectural screen. Exception: One parking structure may be adjacent to the common open area, if the garage includes architectural features to make it look consistent with the cottages and community buildings. c. Parking, including garages, must be set back a minimum of 20 feet from a public street. d. The parking layout must be designed to minimize walking distance to cottages. e. A sloped roof is required for all parking structures. f. The design of garages and carports, including roof lines, must be similar to and compatible with that of the cottages within the cottage housing development. g. Parking may be located between or adjacent to cottages or common garages, if it is located toward the rear of the structure and is served by an alley or driveway. h. Parking stalls, circulation areas, and related spaces must comply with division 38.540. If there is a conflict between division 38.540 and this paragraph, the provisions of this paragraph apply. 4. Walkways. a. A system of interior paved walkways must connect all cottages with each other, the parking area, and the sidewalks abutting any public streets bordering the cottage housing development. b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width. (Ord. No. 1994 , §§ 5, 6, 3-31-2018; Ord. No. 2059 , § 3, 1-26-2021; Ord. No. 2105 , §§ 10, 11, 9-27-2022)