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HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C4. Bridger Vale Preliminary PUD Findings of Fact and Order Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager SUBJECT: Bridger Vale Preliminary Planned Unit Development Findings of Fact and Order, 17232 MEETING DATE: May 6, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Bridger Vale Preliminary Planned Unit Development (PUD) Application. BACKGROUND: On March 25, 2019 the City Commission held a public hearing on an application for preliminary PUD approval for the Bridger Vale PUD The Commission voted to approve the planned unit development 5:0. One condition was added to those recommended in the staff report. One public comment was received on the application at the public hearing. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: April 22, 2019 95 Page 1 of 31 17232 City Commission Findings of Fact for the Bridger Vale Planned Unit Development (PUD) Date: City Commission Public Hearing March 25, 2019 City Commission Room, Bozeman City Hall, 121 North Rouse Avenue Bozeman, MT 59715 Project Description: A Preliminary Planned Unit Development (PUD) application to allow a mixed residential and commercial development with relaxations to zoning regulations requested for park frontage, street design and a request for concurrent construction. The application includes a concurrent subdivision of one parcel into twenty single household townhouse lots, one commercial lot, one common open space lot, one City Park lot with an associated street and alley. The site is located on 6.48 acres zoned REMU and PLI. Project Location: 806 Manley Road. The parcels are legally described Remaining Tract GLR-1 of COS 221, located in the Southwest ¼ of S 31, T01 S, R06 E, P.M.M., Gallatin County, Montana. Recommendation: Approval with conditions and code provisions Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17232 and move to approve the Bridger Vale Planned Unit Development application subject to conditions and all applicable code provisions.” Action Date: March 25, 2019 Staff Contact: Brian Krueger, Development Review Manager Executive Summary The property owner and applicant made application to develop the vacant property directly north and adjacent to the East Gallatin Recreation Area (EGRA), accessed from Manley Road. The development proposes a townhouse development with a future commercial building lot. The proposal include four townhouse clusters including four dwelling units each and two two-unit townhouse. The application includes a concurrent subdivision of one parcel into twenty single household townhouse lots, one commercial lot, one common open space lot, one City Park lot with an associated street and alley. The subject property is recently annexed to the City and is zoned Residential Emphasis Mixed Use District and Public Lands and Institutions. Five relaxations to the Bozeman Municipal Code (BMC) zoning regulations are proposed with the application: 1. BMC 38.320.040 Table of Form and Intensity Standards. The application requests for a modification to REMU required setbacks to allow townhouse clusters to exceed the maximum front setback of 15 feet. 96 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 2 of 31 2. BMC 38.420.060.A. The application request .permission to not provide the minimum park street frontage required. The application proposes no street frontage for the city park lot. 3. BMC 38.420.060.A.2.b or c. The application proposes to not meet the requirements to mitigate for reduced park street frontage. 4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is requested to be constructed as a non-standard street section and not as required by the code for a local street. 5. BMC 38.550.070 Landscaping of public lands. The application requests to not irrigate parkland, open space or other public lands landscaping with a well. The property’s groundwater is impacted by VOC’s and the environmental consultants recommend against using ground water for irrigation. Concurrent construction of the adjacent street, site infrastructure and buildings is proposed. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default REMU district. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application adequate for continued review. The DRC supports the granting of concurrent construction for this project with the satisfaction of all code requirements related to concurrent construction with the final planned unit development application. The Design Review Board (DRB) reviewed the application on February 13, 2019. The Design Review Board is the design review advisory body to the City Commission on this application. The DRB recommended approval of the project with the conditions and code provisions outlined in this staff report. The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on March 8, 2019 and recommended approval of the applicant’s park related relaxations and parks plan. The Community Affordable Housing Board reviewed the application on March 13, 2019 and recommended approval of the applicant’s proposal to utilize cash in lieu of affordable housing in order to meet code requirements. 97 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 3 of 31 The City Commission held a public hearing on the application on March 25, 2019. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 3/25/19: https://www.bozeman.net/services/city-tv-and-streaming-audio. One public comment was received on the application at the public hearing. Unresolved Issues There are no unresolved issues with the application. TABLE OF CONTENTS Executive Summary ............................................................................................................. 1 Unresolved Issues ............................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RELAXATION / DEVIATIONS / VARIANCES .......................................... 11 SECTION 3 - CONDITIONS OF APPROVAL ..................................................................... 11 SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 12 SECTION 5 - ANALYSIS AND FINDINGS ........................................................................ 13 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 26 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 28 APPENDIX B – PROJECT BACKGROUND ....................................................................... 28 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 29 APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT ........................................... 30 ATTACHMENTS ................................................................................................................... 31 98 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 4 of 31 SECTION 1 - MAP SERIES Zoning classifications 99 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 5 of 31 Growth Policy Designation 100 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 6 of 31 Current Land Use 101 Page 7 of 31 City Commission Approved Parks Master Plan for EGRA October 2017 102 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 8 of 31 103 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 9 of 31 104 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 10 of 31 105 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 11 of 31 SECTION 2 - RELAXATION / DEVIATIONS / VARIANCES 1. BMC 38.320.040 Table of Form and Intensity Standards REMU to allow Townhouse clusters to exceed the maximum front setback of 15 feet. 2. BMC 38.420.060.A to not provide the minimum park street frontage. The application proposes no street frontage for the city park lot. 3. BMC 38.420.060.A.2.b or c the application proposes to not meet the requirements to mitigate for reduced park street frontage. 4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is requested to be constructed as a non-standard street section. 5. BMC 38.550.070 Landscaping of public lands. The application requests to not irrigate parkland, open space or other public lands landscaping with a well. Very low levels of vinyl chloride have been detected on the property, and the environmental consultants recommend against using ground water for irrigation. The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all five relaxations with the adoption of the staff analysis and findings below for justification. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 or state law. 2. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat. 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines and associated property owners’ association documents as approved: 1. BMC 38.320.040 Table of Form and Intensity Standards REMU to allow Townhouse clusters to exceed the maximum front setback of 15 feet. 2. BMC 38.420.060.A to not provide the minimum park street frontage. The application proposes no street frontage for the city park lot. 3. BMC 38.420.060.A.2.b or c the application proposes to not meet the requirements to mitigate for reduced park street frontage. 4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is requested to be constructed as a non-standard street section. 5. BMC 38.550.070 Landscaping of public lands. The application requests to not irrigate parkland, open space or other public lands landscaping with a well. The 106 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 12 of 31 property’s groundwater is impacted by VOC’s and the environmental consultants recommend against using ground water for irrigation. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 5. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 6. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger Vale Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Bridger Vale Planned Unit Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger Vale Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Bridger Vale Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 7. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the final plat, a waiver of right-to-protest creation of a City-wide special district for parks and trails, which would provide a mechanism for the fair and equitable assessment of costs for City parks and trails. 8. A notice must be filed concurrently with the final plat requiring that all development on the property must comply with the recorded Declaration of Institutional Controls for the Bridger Vale Annexation (Document #2634483 in the records of the Gallatin County Clerk and Recorder). 9. All new plantings except for trees must be drought tolerant. SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The Property Owners’ Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. 2. BMC 38.550.050.I. Irrigation plans are required to be submitted with the townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services. 107 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 13 of 31 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger Vale Property Owners’ Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 5. BMC 38.270.030.D For concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 6. BMC 38.410.080. The applicant is proposing stormwater facilities in locations known to have a high groundwater table. The Stormwater Division recommends that the Engineer confirm that groundwater will not impact the function or maintenance of the facilities by completing a geotechnical analysis and seasonal high groundwater study. 7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. SECTION 5 - ANALYSIS AND FINDINGS Analysis and resulting recommendations are 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. 108 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 14 of 31 Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy Yes. The property has a future land use designation of the Parks, Open Space, and Recreational Lands and is zoned REMU, Residential Emphasis Mixed Use and PLI, Public Lands and Institutions. Table C-16 of the Bozeman Community Plan shows both REMU and PLI zoning as implementing districts of the Parks, Open Space, and Recreational Lands. Although not in obvious accordance with the growth policy map, the property is in accordance with the overall intent of the growth policy. The site is privately owned, and thus its current designation does not create any public right of use to the property. The applicant proposes to set aside a large portion of the property as park land and open space under PLI zoning and to substantially enhance the EGRA access drive by construction a street with on street parking, lighting, a landscaped median and pedestrian sidewalks. The proposed residential units are townhomes and will provide additional residential use adjacent to a City Park and an existing R-1 residential neighborhood. The project is in conformance to and consistent with the City’s adopted growth policy, the Bozeman Community Plan, including the following goals and objectives: Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. The EGRA and Sunfish Park, a Turtle Way residential subdivision, and the adjacent Gallatin Park Industrial Subdivision has a distinct sense of place, this project contributes to an existing and expanding mixed use area and allows people to live in close proximity to work, public and private basic services and minimizes sprawl. Objective LU-1.4 Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. This project provides additional density of use while respecting the context of the EGRA and the Sunfish Park residential area. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. 109 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 15 of 31 This project includes mixed uses and is proposed on underutilized property adjacent to a significant public recreational amenity, the EGRA. Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a high net residential density, while adding a significant amount of area to an existing park that can be used by the entire community. Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. This project provides additional quality housing at a medium density in an area that only includes a small residential low density subdivision light industrial uses. This project will add to the neighborhood character and the stability of this area. Residential uses provide additional eyes on the street and have a twenty four hour presence that will make the park access safer and enhance the overall neighborhood. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property. 3. Conformance with all other applicable laws, ordinances, and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the REMU district. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the preliminary and final plat, dedication of the streets and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. To the east of the site, there is a former landfill that is a low-level Montana Comprehensive Cleanup and Responsibility Act (CECRA) site and is no longer in operation. Cleanup of the site is managed by the Montana DEQ. In a recent study conducted in 2015, Volatile Organic Compounds (VOCs) that are not naturally occurring were detected in groundwater and soil vapor along the southern and eastern margins of the property at low levels with one indication of vinyl-chloride which exceeded the human health standard. A Term of Annexation (#11) has been required to protect future residents from potential exposure to the identified VOCs, which states: “All lots shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns.” This is condition of approval 110 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 16 of 31 recommended by the Development Review Committee for the PUD and preliminary plat. Slab foundations are proposed on the residential lots which will prevent potential groundwater damage that might otherwise occur on structures with a full basement. Another term of annexation required that the application file a declaration of institution controls for the Bridger Vale Annexation that requires among other things that the developer establish a monitoring program that details sampling objectives and design, sampling location and frequency, sampling methods, testing methods, quality control and data storage to monitor ground vapor, the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality. Subsequent requirements are included to be included in the property owners’ association documents to provide sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues in effect until otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls are attached to this report. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Yes. This CUP and PUD criteria are reviewed below. The project meets the requirements and criteria as presented. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable Yes. The townhouse use is permitted in the REMU district. Form and intensity standards are met with the proposal other than the proposed relaxation for the front setback for the townhomes with exceeds the maximum of 15 feet. Lot sizes, lot coverage, setbacks, and building heights comply with standards. Cash in lieu of affordable housing is proposed in compliance with standards and will be paid at the time of the issuance of a certificate of occupancy for each lot. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Yes. The proposed street and alley meet standards with the proposed relaxations. Bridger Vale Drive is designed to exceed local street standards with the relaxation. The City will maintain Bridger Vale Drive, while the property owners’ association is responsible for the landscaping and stormwater facilities in the median of the street. The Manley Road frontage is required to be improved with this project. A special improvement district is in process for the street, stormwater and pedestrian and lighting improvements to Manley Road from Griffin Drive north to the city limits north of this project site. The intersection of Manley Road and Griffin Drive operates under a level of service 111 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 17 of 31 allowed by the code. The applicant requests a waiver to the requirement to upgrade the intersection as allowed by the code. The Director of Public Works will issue a waiver as the waiver criteria have been met. The improvement to Griffin Drive and the intersection are in the approved City Capital Improvement Plan for year 2020 for the intersection and 2021 for the street improvement to Griffin Drive between N. 7th Avenue and Rouse Avenue. The proposed parking exceeds parking requirements with four parking spaces proposed for each three bedroom unit. Pedestrian access is provided from the street directly to the main entrance of every townhome. The lots and block meet standards, water and sewer is provided to each lot and proposed within the city owned rights of way. Site surface drainage meets standards for the streets and the commercial lot and townhome lot development. Cash in lieu of water rights is proposed and will be paid with the final plan. The proposed parkland meets standards if the relaxations are granted to both frontage requirements provisions. The parkland area added to the EGRA will be maintained by the property owners’ association of the Bridger Vale subdivision. The recreation and parks advisory board subdivision committee recommends approval of the park related relaxations and the parks plan for this development. A parks maintenance district waiver was filed with the annexation of the property. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. The buildings comply with permanence in building materials, building quality, architectural integration, neighborhood identity, and orientation of parking and service areas. The landscaping meets standards with corrections. The design of the site plan is in harmony with the existing natural topography and water bodies and existing vegetation. The Glen Lake outflow ditch and associated wetlands will be minimally disturbed by this development and will be protected in the open space. The town homes meet the requirements of BMC 38.360.240, the special standards for townhouse and rowhouse dwellings. Each unit meets access standards, usable open space, and building design. Building mounted lighting is proposed for the townhomes and meets code standards. No signage is proposed at this time. 8. Conformance with environmental and open space objectives set forth in articles 4—6, including the enhancement of the natural environment, watercourse and wetland 112 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 18 of 31 protections and associated wildlife habitats; and 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 Yes. A bioswale is proposed in the median of Bridger Drive to treat stormwater from the development. This is in compliance with REMU zoning and best practices for Low Impact Development. A stormwater pond is proposed in the open space south of Bridger Vale Drive and is integrated into the landscape design and is landscaped according to code requirements. The property owners’ association is responsible for the maintenance of the stormwater system per subdivision conditions of approval. A buffer is proposed from the wetlands associated with the outfall of Glenn Lake to protect their function and exceeds standards. The stormwater system meets code standards. The development is adjacent to a public park and provisions have been made in this development to allow public access to the development’s city park addition and to the open space south of Bridger Vale Drive. On street parking is provided adjacent to the open space and allows access to the EGRA. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Yes. The proposed buffer to the Glen Lake outflow and associated wetlands exceeds code standards. 10. Other related matters, including relevant comment from affected parties No public comment has been received to date. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming Not applicable. 12. Phasing of development Not applicable. The project is proposed to be constructed in one phase. A subdivision is being reviewed concurrent with the PUD. Concurrent construction of Bridger Vale Drive and the associated sewer and water mains is proposed. The Development Review Committee reviewed the request for concurrent construction with the understanding that the applicant agrees to standards and to complete the requirements in BMC 38.270.030.D with the planned unit development final plan and prior to building permit issuance. The Development Review 113 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 19 of 31 Committee recommends concurrent construction be approved with all the required code elements. Conditional Use Permit Review Criteria, Section 38.230.110, BMC. E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The site is adequate. The proposed buildings and parks and open space enhance the neighborhood including the EGRA. Landscaped areas are coordinated with adjacent property and within the proposed development. The design of Bridger Vale Drive and the pedestrian circulation system is a strong element of the design. All townhomes are accessed via alley providing and uninterrupted streetscape for pedestrians and on street parking. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; No adverse impacts to abutting properties have been identified. Bridger Drive with wider paved lanes will improve safety for cyclists, and the new sidewalks will encourage non- motorized access to the site which promotes public health and safety. General welfare will be promoted through new residential townhomes which will provide a variety of housing options for area residents. Provision of additional park land adjacent to the EGRA also promote general welfare by providing an expansion of recreational opportunities. The residential development serviced by the existing municipal sanitary sewer and water systems promotes public health by protecting groundwater from degradation associated with on-site septic systems and domestic wells. Stormwater will be managed in bio swales and retention facilities to filter out sediment and treat runoff. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; 114 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 20 of 31 f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The terms of annexation, declaration of institutional controls, the proposed conditions outlined in this report, the future covenants, the maintenance plans and project design guidelines associated with the project will address these areas. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final plat. Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. The application presents the applicant’s response to these criteria. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. 115 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 21 of 31 a. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes, except for those standards proposed for relaxation the application conforms and in some areas exceeds standards. (2) Does the project preserve or replace existing natural vegetation? Yes. The site has been substantially disturbed by grazing and does not include significant natural vegetation. The ditch water outlet from Glenn Lake is located on the property. The ditch and associated wetlands are protected and will remain. There will be substantial placement of new vegetation within the open spaces and park areas. The plan includes overall landscaping proposed for the townhome development, Bridger Vale Drive and the park and open space areas. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Yes. The proposal is cohesive and has a variety of coordinating elements ranging from efficient circulation, presentations of building fronts to the streets, lot access from the rear of the lots from the alley away from the street, open space, parkland and multiple landscape configurations. (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Yes. The project has lot layouts which are favorable to installation of solar systems. Such systems are not proposed at this time. The site will be integrated into the existing and developing pedestrian and bicycle network which will enable travel without motor vehicles with the improvements of Manley Road and Griffin Drive. The residents will be able to access the EGRA park amenities easily and without vehicular travel. The project is connected to the City’s trail systems allowing access to the mountains to main street trail system. (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Yes. A relaxation is proposed to allow the option for the project to exceed the maximum front setbacks for the townhomes from Bridger Vale Drive. Landscaping is provided along 116 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 22 of 31 the streetscape and within the townhome development that will provide additional privacy. All vehicular access to the townhomes is via an alley that will generally only be used by the residents, city services and their private service providers. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes. Parkland is provided per code requirements other than the frontage relaxations. Open space is provided for each townhouse in compliance with standards. (7) Performance. All PUDs shall earn at least 20 performance points. Yes. With a PUD, Section 38.430.090.E.2.a.7 requires at least 20 performance points for the subject property. There are 11 options provided in the UDC to meet this requirement. Points can be met using any combination of on-site and off-site open space or other options listed in the code. The Preliminary PUD must specify how the performance points are being met. Open space provisions for phased PUD developments: If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. The PUD is proposing to satisfy the performance requirements with credits for additional open space and low impact development plan. The tabulation is under the common open space section of the application narrative under item 14.E. The application satisfies the requirement with 41.25 performance points for the publically accessible open space and six points for the low impact development plan and bioswale in Bridger Vale Drive. The development exceeds standards. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? The property is well integrated into the existing development by connecting and adding to the publically accessible park area at the EGRA, improving significantly the drive access to the EGRA by constructing a new local street that exceeds design standards. The new open space area provides a buffer to Sunfish Park, the Turtle Way residential subdivision. c. Mixed Use. Planned unit developments in mixed-use areas (REMU, UMU, and NEHMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of 117 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 23 of 31 uses are determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? Yes. This neighborhood is substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing is provided in attached dwellings for single households. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor and are available uses on the commercial lot. All proposed uses complement existing and planned residential uses in the area. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. The small commercial lot will require a site plan review wherein the block frontage standards will apply. Stand alone, large, non-residential uses are not proposed. Multi-household higher density urban development is expected in REMU and provided by this development. Any development within REMU should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development. Bridger Vale is integrated into the transportation and open space network via EGRA and Manley Road. (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? Yes. The project is accessed via Manley Road a collector street. Adequate and controlled access is provided. (3) Is the project on at least two acres of land? Yes, the site is 6.48 acres of land. (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? Yes, the overall site layout and design guidelines provide a comprehensive design that coordinates pedestrian and vehicular circulation, architectural design and the utilization of parkland, open space and facilities. 118 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 24 of 31 (5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district? Yes. The proposed total FAR of the townhome development is consistent with townhome development. The net residential density is 11.4 dwelling units to the acre. (6) Is it compatible with and does it reflect the unique character of the surrounding area? Yes. This development will contribute to the mixed character in this area with Sunfish Park residential development, the EGRA and the eclectic uses located within Gallatin Park industrial subdivision. (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Yes. All parking spaces are accesses via the alley. (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? Yes. This project is an infill project on an underutilized site. (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? Yes. City parkland and publicly accessible open space are proposed. (10) Does the project provide for private outdoor areas (e.g., private setbacks, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Yes. Outdoor balconies are proposed for the individual townhome units, ground floor patios are provided at the front entrance into each unit. (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes. City parkland and publicly accessible open space are proposed. (12) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes. Enhancements to this underutilized site and connection to city services will allow a medium density residential development in close proximity to recreation and employment opportunities. 119 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 25 of 31 (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community-wide issues of affordability and diversity of housing stock? Not applicable. No density bonus is proposed. (14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380 must be excluded from the base density upon which the density bonus is calculated. Not applicable. No density bonus is proposed. 120 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 26 of 31 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a mixed residential and commercial development with relaxations to zoning regulations requested for park frontage, street design and a request for concurrent construction. Five relaxations to City standards were proposed. The application includes a concurrent subdivision of one parcel into twenty single household townhouse lots, one commercial lot, one common open space lot, one City Park lot with an associated street and alley. The purposes of the preliminary plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plan and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plan of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development Director for a period of not more than six months at a time consistent with the requirements of Section 38.230. 121 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 27 of 31 DATED this 6th day of May, 2019. BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 122 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 28 of 31 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed Use and PLI, Public Lands and Institutions. The intent of the REMU District is to promote neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live- work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics should contribute to a complete and interesting streetscape and may be larger than in the Residential category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development. The intent of the PLI district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however larger areas will be designated PLI. Adopted Growth Policy Designation: The property is designated as “Parks, Open Space and Recreational Lands” in the Bozeman Community Plan. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements which may not be open for public use APPENDIX B – PROJECT BACKGROUND The applicant, Bridger Vale, LLC., annexed the 6.49 acres into the City limits and establish initial zoning of REMU, Residential Emphasis Mixed Use on 4.67 acres of the property and PLI, Public, Open Space and Recreational Lands on the remaining 1.83 acres. The zoning was effective on February 7, 2019. 123 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 29 of 31 The applicant previously proposed an application for a Growth Policy Map Amendment for the same property to change the future land use from Parks, Recreation and Open Space to Residential for the entire tract. The City Commission denied the request following a public hearing on May 11, 2015. The site is currently vacant and being used for cattle grazing with the primary access road for the East Gallatin Recreation Area (EGRA) running through the property. Gallatin Park industrial subdivision is located across Manley Road from the subject property and contains office, service, warehousing, accessory apartments, commercial retail services and other mixed industrial uses. Sunfish Park Minor Subdivision is located to the south and is a 5-lot residential subdivision located on Turtle Way. To the east of the site, there is a former landfill that is a low-level Montana Comprehensive Cleanup and Responsibility Act (CECRA) site and is no longer in operation. Cleanup of the site is managed by the Montana DEQ. In a recent study conducted in 2015, Volatile Organic Compounds (VOCs) that are not naturally occurring were detected in groundwater and soil vapor along the southern and eastern margins of the property at low levels with one indication of vinyl- chloride which exceeded the human health standard. A Term of Annexation was adopted to protect future residents from potential exposure to the identified VOCs, which states: “All lots shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns.” Groundwater wells are restricted on this property. Another term of annexation required that the application file a declaration of institution controls for the Bridger Vale Annexation that requires among other things that the developer establish a monitoring program that details sampling objectives and design, sampling location and frequency, sampling methods, testing methods, quality control and data storage to monitor ground vapor, the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality. Subsequent requirements are included to be included in the property owners’ association documents to provide sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues in effect until otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls are attached to this report. A PUD concept plan was reviewed by the city and City Commission in 2016. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Bridger Vale LLC, PO Box 930 Manhattan, MT 59741 Representatives: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Brian Krueger, Development Review Manager 124 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 30 of 31 APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. 125 17232 Findings of Fact Bridger Vale Planned Unit Development (PUD) Page 31 of 31 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 126