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9/24/2010 Draft Ordinance Number Alternative (yellow/gray items indicate alternative revisions): AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING TITLE 20, MISSOULA CITY ZONING ORDINANCE, CHAPTER 20.05.040 DEVELOPMENT OPTIONS, AND TABLE 20.05-3, INTENDED TO PROVIDE A DEVELOPMENT TOOL FOR SUBSIDIZED SMALL LOT PROJECTS. An Ordinance for Missoula City Council consideration amending Title 20, Missoula City Zoning Ordinance, Chapter 20.05.040 Development Options, page 20.05-7, and Table 20.05-3, page 20.05-9. BE IT ORDAINED that Title 20, Missoula City Zoning Ordinance Chapter 20.05.040 Development Options be amended and enacted to state as follows: 20.05.040 Development Options Different development options are offered in many of the R districts as a way of promoting a wide variety of community and lifestyle choices and to promote conservation of natural resources, including agricultural lands. Not all development options are allowed in all districts (see Table 20.05-3 to determine which options are allowed in each district). Where allowed, the development options described in this section may be used at the property owner’s election. A. Conventional Development “Conventional development” is any development that is not part of an approved cluster development or conservation development. Parcel and building standards for conventional development can be found in 20.05.050 (Table 20.05-3). B. Cluster and Conservation Development 1. Intent The cluster and conservation development options are intended to encourage development designs—whether approved through the subdivision plat, condominium plat or planned unit development review process—that are more efficient and provide more open space and greater natural resource protection than conventional development designs. Cluster development and conservation development designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater runoff and non-point source pollutant loading rates and can be used to preserve an area’s semi-rural character. Cluster developments and conservation developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents. 2. General Description a. The cluster development and conservation development standards of this chapter require that a specified portion of each development be set aside and permanently preserved as open space. b. The primary difference between “cluster” developments and “conservation” developments is the amount of open space that must be preserved. c. Cluster and conservation developments must be reviewed in accordance with the city’s subdivision plat, condominium plat or planned unit development review process. d. Additional information on cluster and conservation development can be found ---PAGE BREAK--- 9/24/2010 in Chapter 20.55. C. Subsidized Permanently Affordable Development (three or more dwelling unit project): The subsidized permanently affordable development option is available in the RM2.7, RM1.5, RM1‐45, RM1‐35, RMH and RM0.5 districts. It allows smaller parcel size and other modified building standards in exchange for up to 50% (based on an adjusted ratio scale) of the project developed under a subsidy program of the US Department of Housing and Urban Development (HUD), or the Montana Board of Housing (MBOH) and as permanently affordable for residents whose incomes fall below 80% of the area median income as determined by HUD. In return, the subsidized permanently affordable development option allows a moderate density bonus based on an adjusted ratio scale, see table below. This option only applies to parcels that contain or will contain detached residential units meeting the building type descriptions of detached house (20.05.030.B.1), or lot line (detached) house (20.05.030.B.2) and townhomes (20.05.030.B.3). Parcel and building standards for subsidized permanently affordable development can be found in 20.05.050 (Table 20.05‐3). 1. Adjusted ratio scale: % of SUBSIDIZED PERMANENTLY AFFORDABLE HOUSING: DENSITY BONUS: a. 30% 10% b. 40% 15% c. 50% 20% Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof , irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a Ayes, Nayes, Abstain and Absent vote and APPROVED by the Mayor this day of 200__. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)