HomeMy WebLinkAboutThe NestPage 1 of 1
TO: DEVELOPMENT REVIEW COMMITTEE
FROM: MARTY MATSEN, DIRECTOR OF COMMUNITY DEVELOPMENT
RE: THE NEST MAJOR SUBDIVISION, APPLICATION 19373
DATE: DECEMBER 5, 2019
Recommendation: An Affordable Housing Plan is not required for this application. The proposed subdivision is not subject to BMC 38.380. These comments are provided on the October 29, 2019 application.
Discussion: The application is for the subdivision of 5.411 acres into fifteen lots: thirteen residential multi-household and two open space lots. No lots for market rate homes are proposed. All lots are proposed as multi-household lots. The affordable housing provisions of BMC 38.380 do not apply to subdivisions where no market rate homes are proposed.
Section 2 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. Not applicable.
Section 3 – REQUIRED CODE PROVISIONS. All citations are to the Bozeman
Municipal Code (BMC). 1. Not applicable.
Affordable Housing:
As provided in Section 38 of the Bozeman Municipal Code Condominiums are not included in the
definition of Affordable Housing.
Sec. 38.380.040. - Definitions. A. Affordable housing or affordable home. A dwelling for purchase by an owner-occupant that requires no more than 33 percent of a household's income for housing payments and meets the definition of a lower-priced home or moderate-priced home. For purposes of 38.380, "affordable housing" or "affordable home" does not include condominium units.
The owner/applicant, however, requests some of the Procedural Adjustments and Subsidies available through the City of Bozeman Affordable Housing Program be made available to qualified buyers for homes in The Nest.
Procedural Adjustments and Subsidies: The applicant is requesting down payment assistance and a
modified version of concurrent construction be incorporated into the Affordable Housing program for
The Nest as follows:
Down Payment Assistance: As provided in the Section 38 of the BMC for lower priced homes:
“Subject to the availability of funds, the city will provide on a first‐come first‐served basis, down
payment assistance not to exceed $10,000 per home benefiting households. Down‐payment
assistance will only be provided directly to the qualifying homebuyer. This assistance shall be
secured with a lien instrument due upon sale, transfer or non‐rate/term refinance of the home.”
In addition the applicant requests that qualifying buyers that make up to 90% AMI, for homes
priced at or below 90% of AMI be eligible for down payment assistance of up to $10,000 per
home. This contribution will also be subject to the subsidy recapture provisions provided in the
ordinance.
Concurrent Construction: Through the PUD process the applicant is requesting to utilize the
provisions for Concurrent Construction. A letter requesting concurrent construction has been
submitted to the City of Bozeman under separate cover.
Upon approval of the preliminary plat the applicant will be eligible to submit home building
plans for review and approval prior to completion of infrastructure improvements. The intent is
to have the plans approved and ready for permits immediately following final plat approval for
the project. Actual construction on the buildings will not be started until infrastructure is
complete and approved by the City of Bozeman Engineering Department. Landscaping
improvements will be financially guaranteed. A builder will simply need to submit the
necessary applications/documentation, pay the permit/impact fees, and the permit will be
provided to him. He can buy the lots, pull the permit and then start construction the next day.
Marketing Plan:
The homes will be marketed with the assistance of the City of Bozeman Affordable Housing Coordinator,
HRDC, and through the Gallatin Association of Realtors Big Sky Country Multiple Listing Service.
Marketing efforts will identify that the qualified buyers are eligible for down payment assistance
through the City of Bozeman Affordable Housing Program.
Page 1 of 4
MEMORANDUM
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TO: GREG STRATTON, KILDAY & STRATTON
FROM: SARAH ROSENBERG, AICP, ASSOCIATE PLANNER
DEVELOPMENT REVIEW COMMITTEE
RE: THE NEST PRELIMINARY PUD, APPLICATION 19372
THE NEST PRELIMINARY PLAT, APPLICATION 19373
DATE: OCTOBER 2, 2019
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Project Description: Preliminary PUD and Subdivision for residential development with relaxations to
zoning regulations of 45 dwelling units on 13 lots on 5.411 acres. The property is zoned R-3.
Project Location: Lot R1, Westbrook Subdivision, Phase 4
Recommendation: Staff has found that the project does not comply with requirements of Chapter 38 of
the Bozeman Municipal Code and is deeming the application inadequate for further review.
Section 2 - RECOMMENDED CONDITIONS OF APPROVAL
Conditions of approval will be determined upon revisions of the project to meet adequacy.
Section 3 – Required Code Corrections. All references to the Bozeman Municipal Code.
Planning Division; Sarah Rosenberg, srosenberg@bozeman.net
The following comments are based on both the Preliminary Plat and PUD. Unless specifically noted that
it is for the Preliminary Plat or PUD, the comment must be addressed for both of the projects.
1. BMC 38.420.110. The trail to the west of the property protrudes onto the site. Either the trail needs
a public access easement or get moved off of the site. If the trail is to remain, a condition analysis
needs to be conducted to determine if it meets Class II trail standards.
2. BMC 38.410.100. There are no wetland setbacks, only watercourse setbacks. While there are no
watercourses on the site, there are watercourse setbacks. Relabel the drawings and update the
narrative. Verify that there is no fill in the watercourse setback. Not all line types are labeled and it is
unclear to determine where the stream is located. It appears that on our GIS mapping system that
the stream is located closer to the property then depicted on the survey. All watercourse setbacks
must be measured from the ordinary high water mark.
3. BMC 38.410.100-4. Note that watercourse setbacks start immediately adjacent to wetlands and that
the buffer width is extended by the width of the wetland. We need further clarification on these
setbacks to determine whether the trail is in Zone I or Zone II watercourse setback.
4. BMC 38.430.070. Due to capacity restrictions on the property, a phasing plan for the PUD is required
that states what lots would be restricted until adequate sewer is provided.
5. BMC 38.430.090.E.7.b. Per the definition of open space, usable (38.700.140), much of the open
space cannot be counted towards PUD Performance Points. A riparian buffer and setback planting
Page 2 of 4
area for watercourse setbacks cannot be used as usable open space as it is meant to be preserved
and mitigated for bank stabilization. Provide an open space plan that depicts open space project
area and ensure that the plan is separate from other plans and limited on detailing (i.e. utility
easements, topo lines) to better display the open space requirements. Staff is not in support of
performance points until this is depicted.
o In order to achieve 1.25 points for each percent of the project area as publicly accessible
open space, the greenway corridors that run along the east portion of the property and
used as block separators need to contain a public access easement.
6. BMC 38.410.060. A separate utility plan with easements is required. Provide 10’ utility easements
and show on plat.
7. BMC 38.410.120. Clarify mail delivery on the site and whether or not it will be delivered to each
individual unit or if there will be a separate area.
8. BMC 38.430.030.A.4.b. The following relaxations are requested:
o BMC 38.350.050.A.4. Porch Encroachment. The applicant requests to allow porches to
encroach 5 feet into yards facing common open space and/or the woonerf and carports to
encroach 5 feet into yards facing the woonerf.
Staff supports this relaxation
o BMC 38.380.070. Pricing of Affordable Housing. The applicant requests that moderate priced
homes to count towards the minimum number provided.
Relaxation no longer needed, please see attached memo from the Director of
Community Development.
o BMC 38.380.130. Incentives available for affordable housing. The applicant requests down
payment assistance be made available to families at or below 90% AMI.
Relaxation no longer needed, please see attached memo from the Director of
Community Development.
o BMC 38.400.090.D. Minimum distance between access. The applicant requests the less
distance between woonerf access separation at Durston Road from Rosa Way.
Staff supports this relaxation
o BMC 38.400.060.B. Alternate access section. The applicant requests woonerf modifications.
Staff supports this relaxation
o BMC 38.410.100.A.2.d. Minimum wetland setback. The applicant requests that a portion of
the concrete sidewalk encroach into Zone 2 of the wetland setback.
No relaxation is required for trails within Zone II of a watercourse setback per BMC
38.410.100.A.2.e.2.a. However, further clarification on watercourse setbacks and
wetland delineation is required.
Page 3 of 4
1. Engineering Division, Anna Russell, arussell@bozeman.net, 406-582-2281
• See attached memos
2. Affordable Housing, Martin Matsen, mmatsen@bozeman.net
As this project is made up entirely of condominium and rental products it is exempt from requirements
within section 38.380.
Sec. 38.380.040. - Definitions.
• Affordable housing or affordable home. A dwelling for purchase by an owner-occupant that
requires no more than 33 percent of a household's income for housing payments and meets
the definition of a lower-priced home or moderate-priced home. For purposes of 38.380,
"affordable housing" or "affordable home" does not include condominium units.
Once approved, a Planned Unit Development (PUD) becomes the regulating document for the property.
With this in mind, the PUD application and associated narrative should not contain language that is not
required and would be likely to become difficult to regulate in the future.
I understand that the applicant desires to make certain incentives and City funds available for units that
may be sold at the City’s Lower Priced Home sale price and sold to qualified buyers. My recommendation
is that the applicant remove all reference to Affordable Housing in the PUD application and instead submit
a separate request for this funding to the Affordable Housing Manager. This request would be reviewed
by the City’s Community Affordable Housing Advisory Board (CAHAB) and could subsequently be
approved by the City Commission. The end result would make funds available without linking these
‘possible’ circumstances to long term zoning requirements.
Additionally, the current PUD application discusses strategies for rental assistance. The City does not have
the ability at this time to manage or track a rental program. Any discussion of rental assistance,
requirements for reduced rental amounts or strategies regarding lower rental rates should be removed
from the PUD language. If the applicant desires to institute a rental program outside of City processes
they are free to do so.
In summary, the PUD application should simply state that this project in made up entirely of Condominium
and rental products and as such is exempt from Affordable Housing requirements.
3. Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2353
• A no parking/fire lane sign is required at the radius turn.
4. NorthWestern Energy, Cammy Dooley, cammy.dooley@northwestern.com
• No utilities are allowed in the watercourse setback. Would be okay with locating them in
parking area.
5. TerraQuatics LLC, Lynn M. Bacon, lbacon@terrquaticllc.com, 406-580-6993
• See attached memo
Page 4 of 4
These Divisions did not provide or have no comment. Please contact reviewers directly with specific
questions.
6. Parks and Recreation, Addi Jadin, ajadin@bozeman.net, 406-582-2908
7. Solid Waste Division, Russ Ward, rward@bozeman.net, 406-582-3235
8. Floodplain Engineer, Brian Heaston, bheaston@bozeman.net
9. Building Division, Bob Risk, brisk@bozeman.net, 406-582-2377
10. Sustainability Division, Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
11. Water Conservation, Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265
12. Stormwater Division, Kyle Mehrens, jkmehrens@bozeman.net, 406-582-2270
13. Forestry Division, Alex Nordquest, anordquest@bozeman.net, 406-582-3225
14. Water and Sewer Division, John Alston, jalston@bozeman.net, 406-582-3200
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Affordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application file number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
The Nest PUD Subdivision at Westbrook
Residential
Preliminary PUD and Preliminary Plat consisting of 45 residential
condominium units.
S. of Annie Street, W. of Rosa Way, N. of Durston Road
59718
R-3
5.41 Acres
Landscaped
13 Residential Buildings
45 Units
0
0
136
Y
N
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
final plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Center Arrow Partners, LLC (c/o Aaron Odegard)
P.O. Box 1633, Bozeman, MT 59771
(406) 579-5552
aaron.odegard@hotmail.com
Kilday & Stratton, Inc.
2880 Technology Blvd. West, Suite 271, Bozeman, MT 59718
(406) 599-5603
greg@kildaystratton.com
Same as Applicant
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