Full Text
1 E X E C U T I V E S U M M A R Y CASE PLANNER Jen Gress PUBLIC HEARING DATES MCPB: July 20, 2010 CC: To be Determined REVIEWED AND APPROVED BY Laval Means, Interim Senior Planner, Office of Planning and Grants AGENDA ITEM 6a: Draft City Zoning Ordinance text amendment: Small Lot Development Option APPLICANT City Council initiated request LEGAL Legal ad was published in the Missoulian on July 4th and 11th, 2010. NOTIFICATION Agency and interested party memo e-mailed May 21, 2010 (attachment PROPOSAL To recommend adoption of a text amendment regarding a small lot subsidized development option to Title 20 Missoula City Zoning Ordinance. (Attachment RECOMMENDATION The proposed text amendment regarding a subsidized development option to Title 20 Missoula City Zoning Ordinance shown in attachment A of the staff report be recommended to the City Council for approval. ---PAGE BREAK--- 2 MISSOULA CONSOLIDATED PLANNING BOARD July 20, 2010 Agenda Item 6a I. RECOMMENDED MOTION THAT THE PROPOSED LANGUAGE FOR A SMALL LOT DEVELOPMENT OPTION IN TITLE 20 MISSOULA CITY ZONING ORDINANCE SHOWN IN ATTACHMENT A OF THE STAFF REPORT BE RECOMMENDED TO THE CITY COUNCIL FOR APPROVAL. II. INTRODUCTION This proposed text amendment is intended to be an additional tool in Title 20 for development of small homes on parcels smaller than 3,000 square feet, creating more stock of affordable homes. III. BACKGROUND On May 6, 2010, PAZ Chair Bob Jaffe initiated proposed language to be added to Title 20, Section 20.05.040, allowing subsidized development in multi-family zoned areas to have smaller lot sizes, modified building standards, and a 20% density bonus for detached housing. Zoning districts affected by this proposal include RM2.7, RM1.5, RM1-35, RM1-45, RMH and RM0.5. On May 12, 2010, PAZ discussed the proposed language regarding a subsidized small lot development option and voted to refer the language to the Missoula Consolidated Planning Board for its review and recommendation. The proposed language is a text amendment to Title 20 and is subject to Title 20 Missoula City Zoning Ordinance, 20.85.040 F Text Amendments, Review Criteria. IV. PROPOSAL This proposed text amendment is intended to be an additional tool in the Missoula City Zoning Ordinance (Title 20, Section 20.05.040) for development of small homes on parcels smaller than 3,000 square feet. A development utilizing this option must include a minimum of 3 units and a minimum 50% of the units must be subsidized through HUD (US Department of Housing and Urban Development) or MBOH (Montana Board of Housing). V. COMMENTS During the agency review period staff received comments from ten agencies and community housing organizations. City Engineering suggests adding a statement requiring its approval for access to utilities and parking. Both City Engineering and Building Departments raised a caution regarding the proximity of structures to the property line but acknowledged the tool could be utilized with careful design. Community Housing Development Organizations were ---PAGE BREAK--- 3 skeptical regarding how useful the tool would be, but weren’t against its inclusion in Title 20, and the Missoula Organization of Realtors expressed support for the amendment. VI. REVIEW CRITERIA Findings of Fact 1. Title 20 (Missoula City Zoning Ordinance) was adopted by the Missoula City Council on October 3, 2009 and became effective on November 4, 2009. 2. At adoption Title 20 was found to be compliant with State Law (MCA 76-2-304) and the growth policy. 3. The subsidized small lot development option was referred to PAZ by PAZ Chair Bob Jaffe May 6, 2010. 4. City Council supports Planning Board’s consideration of the proposed text amendment. 5. The proposed language would be added to section 20.05.040 Development Options as subsection C. Subsidized Development. 6. The proposed language requires a minimum number of detached single dwelling units, modifies lot and building standards, requires projects meet subsidy guidelines, allows a density bonus, and does not allow this option in single dwelling zoning districts. 7. No concerns were expressed by reviewing agencies regarding transportation or open space issues. 8. The Missoula County Growth Policy 2005 Update encourages a viable mix and concentration of residential housing types that serve a diverse population. 9. The Missoula County Growth Policy 2005 Update supports affordable housing options and programs that encourage home ownership. 10. The Missoula County Growth Policy 2005 Update encourages development design to maximize social resources and location of housing in proximity to physical, technological, social, and economic infrastructure. 11. The City of Missoula Consolidated Plan for HUD-funded programs identifies a need for assistance for housing opportunities aimed at households below 80% area median income. 12. The City of Missoula Consolidated Plan for HUD-funded programs identifies a need to increase homeownerhip and rental opportunities. Conclusions of Law 1) Whether the proposed zoning ordinance text amendments are consistent with §76-2-304(2), MCA . Specifically: (Criteria and guidelines for zoning regulations. and other public requirements. In the adoption of zoning regulations, the municipal governing body shall consider: reasonable provision of adequate light and air; the effect on motorized and nonmotorized transportation systems; promotion of compatible urban growth; the character of the district and its peculiar suitability for particular uses; and conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.) – No concerns were expressed by Mountain Line or the City Parks department in relation to transportation services or space issues. ---PAGE BREAK--- 4 – Allowing the subsidized small lot option in zoning districts that already permit a wide range of building types will promote additional housing variety in these areas, and will promote the use of existing infrastructure. 2) Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition. The proposed subsidized small lot development option provides a tool for developers to use allowing smaller residences and lots that could be owner occupied. Owner occupancy of affordable residences in Missoula has been a growing concern for much of the population. 3) Whether the proposed zoning ordinance text amendment is in substantial conformance with the growth policy and other adopted plans and policies of the city. The proposed amendment supports goals incorporated in the Growth Management plan by increasing housing options and encouraging home ownership. 4) Whether the proposed zoning ordinance text amendment is in the best interests of the city as a whole. The proposed amendment helps to achieve an overall mix and placement of housing needed to support the community while locating residences to maximize social resources, and provide for homeownership and rental opportunities. VI. ATTACHMENTS A. Proposed text amendment language (Planning Board version) B. Agency memo (with attachments) 1. Draft language 2. Table 20.05-3 C. Comments received: 1. City Building Department – Don Verrue 2. OPG – Ana Aronofsky 3. Western Montana Mental Health Center – Patty Kent 4. City Engineering – Doug Harby 5. Missoula Organization of Realtors – Brint Wahlberg 6. North Missoula C Development C – Bob Oaks 7. Hoyt Homes/Bob Jaffe 8. Mountain Line – Stephanie Lawson Millar 9. City Parks Department – Jackie Corday 10. City Fire Department - Jason Diehl D. PAZ minutes from May 21, 2010