HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C5. Cottonwood and Ida PUD Findings of Fact and Order
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
SUBJECT: Cottonwood and Ida Planned Unit Development Findings of Fact and Order, 18516 MEETING DATE: May 6, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Cottonwood and Ida 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 Cottonwood and Ida PUD
The Commission voted to approve the planned unit development 5:0. The City received public
comment on the application. Twenty public comments were submitted in writing prior to the
public hearing and five public comments were received 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
127
18516 City Commission Findings of Fact for the Cottonwood and Ida (PUD)
Preliminary Plan
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 apartment building use, building height parking, street design, restaurant design, transparency, front setbacks and a request for concurrent construction.
Project Location: 615 East Cottonwood Street and 720 North Ida Avenue. The parcels are legally described as Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 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 18516 and move to approve the Cottonwood and Ida 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 submitted an application to develop an existing underutilized site in the Northeast Historic Mixed Use District, NEHMU. The site is accessed from a future extension of East Aspen Street and from East Cottonwood Street. The development proposes a mix of uses including apartment buildings, an office building, a mixed use building including artisan manufacturing and a restaurant building. The proposal include four buildings. The largest building includes apartments, 64 units, and offices, 29,700 sq. ft., separated horizontally over an underground parking structure consisting of 96 parking spaces. The other buildings on site include a 12 unit apartment building, a mixed use building with artisan manufacturing, 5,400 sq. ft. with 16 units mixed into the building and one 2,150 square foot commercial restaurant building. The application includes the concurrent construction of East Aspen Street, North Ida Avenue and the north half of East Cottonwood Street. The subject property is zoned Northeast Historic Mixed Use District. The site is 2.06 acres in size. The north half of the property includes four multi use storage and warehouse buildings constructed beginning in 1960. All buildings on the north half of
128
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 2 of 38 the property are proposed for demolition. The south half of the site includes a grain warehouse building constructed in 1930. The grain warehouse is proposed to remain and be adaptively reused through the site development process for use as a restaurant/community building. Eleven relaxations to the Bozeman Municipal Code (BMC) zoning regulations are proposed with the application: 1. BMC 38.310.040.C Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. 2. BMC 38.310.040.C Table of Uses. The application requests to increase the size of the allowable restaurant use in NEHMU from 1,500 to 2,200 square feet. 3. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45’ to 54’. 6. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.C Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.B Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. 9. BMC 38.540.050.A.1 Residential Parking Standards. The application proposes to reduce the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit. The application proposes to reduce the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. 10. BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. 11. BMC. 38.400.050.A.1 Street Design. The application proposes to not construct the street according to the adopted designs for local streets and instead construct East Cottonwood Street with back out angled parking. Concurrent construction of the adjacent streets, 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
129
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 3 of 38 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 NEHMU 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 27, 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 proposal to utilize cash in lieu of parkland for the parkland requirement for the development. The Community Affordable Housing Board reviewed the application on March 13, 2019 and recommended approval of the applicant’s proposal to utilize affordable housing in order to meet PUD performance points. 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 The City received public comment on the application. Twenty public comments were submitted in writing prior to the public hearing and five public comments were received at the public hearing.
130
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 4 of 38
Unresolved Issues There are no unresolved issues with the application.
TABLE OF CONTENTS
Executive Summary ............................................................................................................. 1
Unresolved Issues ............................................................................................................... 4
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RELAXATIONS ............................................................................................. 14
SECTION 3 - CONDITIONS OF APPROVAL ..................................................................... 14 SECTION 4 – REQUIRED CODE PROVISIONS ...................................................................... 17
SECTION 5 - ANALYSIS AND FINDINGS ........................................................................ 20
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 34
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 36
APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF ........................... 36
APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT ........................................... 37
ATTACHMENTS ................................................................................................................... 38
131
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 5 of 38
SECTION 1 - MAP SERIES
Zoning Classification
132
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 6 of 38
Growth policy designation
133
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 7 of 38
Current Land Use
134
135
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 9 of 38
136
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 10 of 38
137
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 11 of 38
138
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 12 of 38
139
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 13 of 38
140
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 14 of 38
SECTION 2 - RELAXATIONS 1. BMC 38.310.040.C Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. 2. BMC 38.310.040.C Table of Uses. The application requests to increase the size of the allowable restaurant use in NEHMU from 1,500 to 2,200 square feet. 3. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45’ to 54’. 6. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.C Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.B Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. 9. BMC 38.540.050.A.1 Residential Parking Standards. The application proposes to reduce the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit. The application proposes to reduce the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. 10. BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. 11. BMC. 38.400.050.A.1 Street Design. The application proposes to not construct the street according to the adopted designs for local streets and instead construct East Cottonwood Street with back out angled parking. 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 eleven 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.
141
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 15 of 38 2. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. 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 38.310.040.C Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. 2. BMC 38.310.040.C Table of Uses. The application requests to increase the size of the allowable restaurant use in NEHMU from 1,500 to 2,200 square feet. 3. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45’ to 54’. 6. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.C Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.B Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. 9. BMC 38.540.050.A.1 Residential Parking Standards. The application proposes to reduce the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit. The application proposes to reduce the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. 10. BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. 11. BMC. 38.400.050.A.1 Street Design. The application proposes to not construct the street according to the adopted designs for local streets and instead construct East Cottonwood Street with back out angled parking. 4. Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana must be aggregated and/or the common boundaries of said lots must be reconfigured through the applicable subdivision review process to accommodate the project prior to final planned unit development plan approval. 5. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual recordable documents or thorough the subdivision exemption review process prior to final
142
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 16 of 38 planned unit development plan approval. 6. Public access easements must be provided for as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. 7. No property may be removed from the covenants without written approval of the City of Bozeman. 8. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. 9. A notice prepared by the City must be filed concurrently with the amended plat so that it will appear on title reports. It must read substantially as follows The Amended Plat of Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana known as the Cottonwood and Ida Planned Unit Development (PUD) are subject to specific design standards, unique building setbacks and heights, parking requirements and uses. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cottonwood and Ida Planned Unit Development and are in place of the general development standards of the same subject of the City of Bozeman Zoning. If a development standard is not specifically established in the Cottonwood and Ida PUD approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cottonwood and Ida 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.
10. The applicant must execute at the Gallatin County Clerk & Recorder's Office prior to
approval of the final Planned Unit Development, a waiver of right-to-protest creation of a
City-wide special district for parks and trail, which would provide a mechanism for the
fair and equitable assessment of costs for City parks and trails. 11. The offsite parking agreement must be for a minimum term of 25 years and must be completed, executed and filed prior to subsequent site plan approval. 12. The offsite parking agreement must be incorporated into the property owners’ association documents as a required responsibility of the association along with the requirement to assess for and pay any required fees to satisfy the long term offsite parking agreement. 13. Prior to planned unit development final plan approval the applicant must provide the following modified historic property record documentation for the demolition of the existing structure at 620 E. Cottonwood Street: Property address, legal location, architectural description, digital interior and exterior elevation photographs, site map, and a quadrangle map. A modified completion of the Montana Historic Property
143
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 17 of 38 Record is a documentation of the current structure conditions and not an analysis of the historic integrity of property. The modified property card will be housed permanently online on the City’s Architecture Inventory Map. 14. A deed restriction requiring affordable housing in the applicable amount proposed for planned unit development performance per the definition in BMC 38.700.020 must be placed on Lot A, underlying buildings 1, 2, and 6. 15. If not already filed for the subject site, 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 (SID’s) for the following: a. Street improvements to East Aspen Street including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Ida Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage d. Street improvements to East Tamarack Street including paving, curb/gutter, sidewalk, and storm drainage e. Street improvements to East Peach Street including paving, curb/gutter, sidewalk, and storm drainage f. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage g. Intersection improvements to North Wallace Avenue and East Tamarack Street h. Intersection improvements to North Wallace Avenue and East Peach Street i. Intersection improvements to Front Street and East Aspen Street j. Intersection improvements to Front Street and Ida Avenue The document filed must specify that in the event an SID 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 square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final PUD approval. 16. The intersections of East Aspen Street and Front Street and Ida Street and Front Street must be reconfigured to meet the City’s minimum design standard. The intersections must be improved with the first phase of development. The City’s Engineering Department may approve an alternative design incorporating the existing park provided the City Community Development Department and Parks Department support the alternative design. An alternative design must be approved prior to final PUD approval.
SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.050. A final approved weed control plan must be submitted prior to planned unit development final plan approval.
144
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 18 of 38 2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. Clarify the nature of the existing well and water right to support the new demand. Provide letter from DNRC confirming water right or intent to issue right to support the project prior to approval of the planned unit development final plan. 3. 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 planned unit development final plan. 4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and approved for all phases of this development prior to building permit issuance. 5. BMC 38.270.030.D For concurrent construction provide a full response to the required items in Section 38.270.030.D BMC. The concurrent construction response was provided, but not in accordance with the required section. Provide 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 38.410.060.B.4 Encroachments proposed in required ten foot private utility easement areas required along all streets. No written approval from all utility companies is provided as required. The current and entire list of utility companies operating in Montana can be attained from the Montana Public Service Commission. Provide approval for encroachment prior to approval of planned unit development final plan. 7. BMC 38.420.030 Cash in lieu of land dedication for parkland. Cash in lieu of parkland has not been paid. The cash in lieu amount due is required to be paid prior to subsequent site plan approval. 8. 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
145
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 19 of 38 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. 9. BMC 38.520.070 Location and design of service areas. No detailed service areas identified for gas and electric entrance locations into the buildings or proposed methods to separate and mitigate impacts as required. Show gas and electric locations with the true size and extent of all proposed meters as required per SP1 on entire site and the proposed locations for private utility entrance locations into the buildings. Planned unit development final plan must provide clear information on utility entrances into each building and demonstrate compliance with this code section with the subsequent site plan. 10. BMC 38.540.070 Off-site parking. Provide site plan for offsite parking that demonstrates the proposed lot meets all requirements of the BMC and the off-site parking code section. Clarify the uses proposed to utilize the offsite parking and provide exhibit showing compliance with distance requirements per use. Provide draft long term parking agreement or draft deed restriction in order to demonstrate compliance with BMC 38.540.070.6 with planned unit development final plan. 11. BMC 38.550.050.I. Irrigation plans are required to be submitted with the PUD open space landscape plan with the subsequent site plan application. 12. BMC 38.550.060.A.1. The PUD open space landscape plan must meet the requirements of 23 performance points and be finalized and completed with the subsequent site plan application. 13. BMC 38.400.050.A1. The property owner’s association must maintain the proposed on street angled parking allowed on East Cottonwood Street including snow plowing and maintenance of the parking surfaces. The property owners’ association documents must include language to this effect and be reviewed and approved prior to final PUD approval. 14. BMC 38.400.010.A.8 The existing satellite dish encroaching into the emergency access route must be removed prior to final PUD approval to ensure emergency services are not inhibited. 15. BMC 38.400.090.D.2 The applicant has indicated that the emergency vehicle access road will only be utilized by emergency service, as such the City’s access standards do not apply provided the following are met: a. The property owners association documents continue language describing the accesses may only be utilized be emergency services. The language must be reviewed and approved prior to final PUD approval.
146
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 20 of 38 b. City approved barricades are placed at both the north and south access points c. The street vision triangles for the north and south access points be removed from the final PUD submittal 16. BMC 38.400.100.C Street vision triangles shown on the preliminary PUD submittal exceed the City’s requirements. The final PUD submittal must correctly show the City’s street vision triangles prior to approval. 17. BMC 38.410.060.A An amended plat must be completed prior to final PUD approval for the proposed changes to the lots. a. The public utility easements along the property street frontages must be provided using the City’s standard language prior to final PUD approval. No encroachments may be permitted without the approval from the utility companies registered with the Montana Public Service Commission. b. The public access easements for required public sidewalks located outside of the right-of-way must be provided using the City’s standard language prior to final PUD approval. c. A public drainage easement must be provided for the drainage infrastructure supporting the public right-of-way which is located inside of the property. The easement must be provided, reviewed, and approved by the City prior to final PUD approval. 18. BMC 38.410.070.A.1 Certified water and sewer design reports must be provided prior to final PUD approval. 19. BMC 38.410.080.A A certified drainage report for the public right-of-way drainage must be reviewed and approved by the City prior final PUD approval. a. The applicant must submit a stormwater maintenance plan for the proposed stormwater infrastructure for review and approval prior to final PUD approval. The approved maintenance plan be included within the property owner’s associate document prior to final PUD approval. 20. BMC 38.430.070.A a. All public infrastructure, both on and offsite, must be installed with the first phase of development.
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.
147
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 21 of 38
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 Industrial and is zoned NEHMU, Northeast Historic Mixed Use. The proposed residential units, office and restaurant uses and artisan manufacturing uses increase the intensity of commercial uses and the density of residential uses beyond the existing development pattern. The change in intensity is anticipated by the growth policy in areas of the city with adequate infrastructure. 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 NEHMU district 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 residential and commercial use while respecting the context of the mixed use area. The change in scale is allowable with the design presented as it has human scale and is compatible with the district with building sized within their context and integrated into the neighborhood.
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. This project includes mixed uses and increase residential density and is proposed on underutilized property in an ongoing and developing mixed use district.
Objective E-4.2: Promulgate efficient land use practices.
148
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 22 of 38 This project promulgates efficient land use practices and provides a high net residential density and FAR with office, manufacturing and restaurant uses, while adding a significant amount of usable open space area that can be used by the entire community.
Objective C-2.5 Explore and encourage innovative parking solutions for both
residential and commercial projects including parking best practices, expanding
parking districts, cash in lieu of parking and design guidelines for structured
parking. This project proposes a parking reduction, structured parking integrated into the building design and offsite parking that will allow the project to provide an intensity of use today while having the ability to adapt to the changing transportation infrastructure in town including autonomous vehicles, ridesharing, car sharing, and increased transit service.
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 high density in an area that has historically included smaller residential low density uses. More recent infill projects in this neighborhood have included apartment uses over mixed commercial 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 district 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. Code provisions are provided related to final planned unit development plan approval and subsequent site plan approval.
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 NEHMU district with the additional of the apartment building use. 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, approval of the final planned unit development, subdivision exemption to realign and aggregate the underlying lots, dedication of the utility easements, construction of infrastructure, PUD final plan documents and application, site plan approval and building permits. The Building Division of the Department of Community Development will review the requirements of the
149
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 23 of 38 International Building Code for compliance at the time of building permit application. Conditions of approval and code provisions are provided related to these issues. Condition of approval 1 requires full compliance with all applicable code requirements.
4. Conformance with special review criteria for applicable permit type as
specified in article 2 Yes. The 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 uses are permitted in the NEHMU district with the addition of apartment building uses requested through relaxation. Form and intensity standards are met with the proposal other than the proposed relaxations for the front setback and zero lot line conditions, lot coverage and building heights. Affordable housing is proposed in compliance with the PUD performance standards and will be confirmed through the planned unit development final plan process. Condition of approval 14 requires a deed restriction to assure the applicability of the affordable housing long term is proposed. The north half of the property includes four multi use storage and warehouse buildings constructed beginning in 1960. All buildings on the north half of the property are proposed for demolition. The south half of the site includes a grain warehouse building constructed in 1930. The grain warehouse is proposed to remain and be adaptively reused through the site development process for use as a restaurant/community building .Condition of approval 13 is related to documentation of the grain warehouse prior to modifications to the building.
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 streets meet standards with the proposed relaxations. East Aspen Street, East Cottonwood Street and North Ida Avenue are required to be improved with this project. The proposed parking is to be met with reductions allowed through relaxation of the parking requirements. Pedestrian access is provided from the street directly through and into the project. The primary entrances into each building are connected to the City’s sidewalk system. Perimeter street frontage sidewalks are provided on every perimeter street in conformance to standards. The lots and block meet standards, water and sewer is provided to each lot through mains within the city owned rights of way. The applicant will be constructing water mains to support the site. Site surface drainage generally meets standards at this level in the design for the streets
150
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 24 of 38 and development. Cash in lieu of water rights is proposed and will be paid with the final site plan for site development. The applicant proposes to pay cash in lieu of parkland in conformance with standards, capped at twelve dwelling units per acre. The Recreation and Parks Advisory Board Subdivision Committee supports the use of cash in lieu for this project and recommends approval. Small encroachments are proposed into the required front setback utility easements. Condition of approval 5 requires the establishment of utility easements to serve the property and the surrounding utility grid. Code provision 6 requires approval of the utility holders prior to final approval of the encroachments. Concurrent construction of East Aspen Street, East Cottonwood Street and North Ida Avenue 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 Committee recommends concurrent construction be approved with all the required code elements.
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 general approach to landscaping meets standards. The design of the plan is consistent with the existing natural topography. The site will be raised to allow the inclusion of underground parking. There are no water bodies or significant existing vegetation on site. A general comprehensive signage is proposed in conformance with standards. Parking is proposed to be reduced via a relaxation for both residential and commercial uses. 96 parking spaces are proposed in an underground parking structure and 72 parking spaces are proposed offsite for the non-residential uses. 32 on street spaces are proposed for residential use. Prior to reductions the project would have required 255.3 parking spaces, with reductions the required parking is proposed at 166.1 parking
151
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 25 of 38 spaces. 200 parking spaces are proposed to be provided through a combination of onsite, offsite and on street as outlined above. The offsite parking must have a long term lease established prior to final approval of the site plan and be integrated into the property owners association documents as a required element per conditions of approval 11 and 12.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland 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. Pervious pavers are proposed to treat stormwater from the development. This is in compliance with best practices for Low Impact Development. The approach to the stormwater system meets code standards. The final review of the stormwater system will occur with the site plan review. The development is adjacent to a small public park and climbing boulder. No significant impact to the park is anticipated from this development.
9. Conformance with the natural resource protection provisions of article 4 and
article 6 Yes. No streams, floodplains, critical plant communities or wetlands exist on site.
10. Other related matters, including relevant comment from affected parties Public comment has been received on this application. As of the writing of this report there were eight public comments received. Seven were in favor of the application and
152
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 26 of 38 one was not in favor of the application citing reduced setbacks, parking reductions and increased building height.
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 The property must be configured through the applicable subdivision review process to relocate and aggregate common lot boundaries prior to the approval of the final PUD plan. Condition 4 is related to this issue.
12. Phasing of development The project is proposed to be constructed in one phase. Concurrent construction of East Aspen Street, East Cottonwood Street and North Ida Avenue 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 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, site design, pedestrian connectivity, open space and mix of uses will enhance the neighborhood. Landscaped areas are coordinated with adjoining properties and within the proposed development. The landscape design will improve the street frontages of the site. The reduced setbacks proposed through relaxation relate well to the historic building placements within the vicinity. All parking is proposed either in an underground structure or offsite which
153
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 27 of 38 provides for an uninterrupted streetscape for pedestrians and the addition of 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. The construction of East Aspen Street and the reconstruction and completion of North Ida Avenue and East Cottonwood Street will improve safety for vehicles, cyclists, and pedestrians which promotes public health and safety. General welfare will be promoted through a variety of apartment types which will provide a variety of housing options for area residents. The provision of additional office, manufacturing and restaurant uses to the districts promotes general welfare by providing an expansion and additional density to the mixed of uses in the NEHMU. The 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 pervious pavers and other 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;
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
154
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 28 of 38
n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner. The requirements of the DRC review and 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. Conditions 3, 7, 8, and 9 are related to this issue.
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.
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 development and previous land uses and does not include significant natural vegetation. There will be substantial placement
155
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 29 of 38 of new vegetation within the site open spaces and perimeter street frontage. A code provision requires a final weed control plan with the planned unit development and further landscaping must be provided in accordance with code requirements with the subsequent site plan application.
(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, underground structured parking, integrated architecture between buildings, presentations of building fronts to the streets, private residential open spaces, open spaces available to the public, and multiple landscape configurations. Condition of approval 6 requires the recordation of public access easement in order to finalize all publicly accessible plaza and circulation areas as presented in the preliminary plans.
(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 proposes to construct to a LEED ND designation. LEED for Neighborhood Development (LEED-ND), where "LEED" stands for Leadership in Energy and Environmental Design, is a United States-based rating system that integrates the principles of smart growth, urbanism and green building into a national system for neighborhood design. LEED certification provides independent, third-party verification that a development's location and design meet accepted high levels of environmentally responsible, sustainable development. The LEED-ND system is a collaboration between the United States Green Building Council, the Congress for the New Urbanism and the Natural Resources Defense Council. A reduction in parking will require alternative modes of transportation be utilized by residents, employees, and customers of the developments. This will encourage enhanced transit to the area.
(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. The project is design to allow a diversity of residential types and configurations, many ground floor units have access to outdoor spaces for their own use which provide a public private separation for their units. Along the perimeter streets the residential units along the frontages are raised up above the sidewalk level to a varying degree to provide a transitional space between the public street and the private units. The
156
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 30 of 38 development complies with the interior special residential block frontage for all units. Landscaping is provided along the streetscape and within the development that will provide additional privacy. All vehicular access to the site is via the underground parking structure 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 via cash in lieu of dedication. Open space is provided for each residential building in compliance with standards. Conditions of approval 10 requires that a parks and trails district waiver be provided with the planned unit development final plan in accordance with BMC 38.420.100.
(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 38.430.090.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 affordable housing (21), additional open space with public access (9.37), underutilized and brownfield sites (6.67), LEED-ND (15) and low impact development plan (6). The tabulation is under the common open space section of the application narrative on page 25. The application satisfies the requirement with 58 performance points. The development exceeds standards. Conditions of approval, 6 and 14 are provided related to this issue in order to provide public access as proposed and to assure affordable housing is provided as required to achieve the performance points.
157
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 31 of 38
(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? Yes the project will create new connections to the neighborhood around it with the construction of additional streets sidewalks and open spaces.
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 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 includes commercial uses, offices, manufacturing and housing. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. This PUD provides a creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. This PUD proposes appropriate use of the land with a broad range of nonresidential and residential uses.
(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 located 300 feet from Peach Street, a collector street and 300 feet from Tamarack Street a collector street with both streets feeding into Rouse Avenue to the west the closest arterial street to the project.
(3) Is the project on at least two acres of land? Yes, the site is 2.01 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 open space and facilities.
158
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 32 of 38
(5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for
the underlying district? Yes. There is no designated FAR required in the NEHMU. The proposed total FAR of the development is 1.8 with 46 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 use character in this area and the eclectic residential and nonresidential uses located in this neighborhood.
(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 through the underground parking structure. The offsite parking proposed at the northwest corner of Wallace Avenue and East Aspen Street is within the distance requirements for off-site parking..
(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. Private residential and publicly accessible open space are proposed for those living, working in or visiting the development.
(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 and patios are proposed for many of the individual dwelling units. Shared green roof deck opens space is provided for the apartment residents in Buildings 1-2. Commercial open space is provided for the office use.
(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. Private and publicly accessible open space are proposed. The project is very close to the mountains to main street trail system.
(12) Is the overall project designed to enhance the natural environment, conserve energy
and provide efficient public services and facilities?
159
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 33 of 38 Yes. Enhancements to this underutilized site and connection to city services will allow a high density residential development in close proximity to services, transit, recreation and employment opportunities. The project is being designed as a LEED-ND neighborhood.
(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? Yes, Affordable housing a variety of housing types and urban styles are proposed. A deed restriction is required in order to provide long term availability.
(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 formal density bonus is proposed.
160
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 34 of 38
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. The development proposes a mix of uses including apartment buildings, an office building, a mixed use building including artisan manufacturing and a restaurant building. The proposal include four buildings. The largest building includes apartments, 64 units, and offices, 29,700 sq. ft., separated horizontally over an underground parking structure consisting of 96 parking spaces. The other buildings on site include a 12 unit apartment building, a mixed use building with artisan manufacturing, 5,400 sq. ft. with 16 units mixed into the building and one 2,150 square foot commercial restaurant building. The application includes the concurrent construction of East Aspen Street, North Ida Avenue and the north half of East Cottonwood Street. Eleven relaxations to City standards were proposed. 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
161
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 35 of 38 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. 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
162
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 36 of 38
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned NEHMU, Northeast Historic Mixed Use The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses.
Adopted Growth Policy Designation: The property is designated as Industrial in the Bozeman Community Plan. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.
APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bangtail Partners LLC 1189 Tennessee Street, Unit 103, San Francisco, CA 94107
Applicant: Imperial Development LLC 33 North Black Avenue, Bozeman, MT 59715
Representatives: Thinktank Design Group Inc. 33 North Black Avenue, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
163
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 37 of 38
APPENDIX C –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.
164
18516 Findings of Fact Cottonwood and Ida Planned Unit Development Page 38 of 38
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
165