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HomeMy WebLinkAbout19372 DRB Staff Report19372 Design Review Board Staff Report for the Nest PUD Preliminary Plan Date: Design Review Board, January 8, 2020 at 5:30 pm. Project Description: A Preliminary Planned Unit Development (PUD) application to allow residential development of 45 dwelling units on 13 lots on 5.411 acres with relaxations to zoning regulations requested for lot size, setback encroachment, access distance and design, watercourse setback and a request for concurrent construction. Project Location: Lot R1, Westbrook Subdivision, Phase 2, 3, 4, S04, T02 S, Block 5, P.M.M., Bozeman, 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 19372 and move to recommend approval of the Nest Planned Unit Development application with relaxations numbers 1-4, subject to conditions and all applicable code provisions.” Report Date: December 31, 2019 Staff Contact: Sarah Rosenberg, AICP, Associate Planner Executive Summary The property owner and applicant submitted an application for the construction of 45 residential dwelling units on 13 lots. The site is presently vacant and surrounded by residential subdivisions to the north, east, and south and a park to the west. The site is accessed from Annie Street, Durston Road, and Glenwood Avenue. The development proposes 13 lots providing townhome-style condominiums. There are four types of condo buildings in a mix of two, three and four unit clusters. There will also be two common open space lots totaling 1.805 acres. The property is zoned R-3. Five relaxations to the Bozeman Municipal Code (BMC) zoning regulations are proposed with the application: 1. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required minimum lot size for R-3 from 3000 square feet for Block 1, Lot 1 & 2, Block 2, Lot 1, 2, & 3, Block 3, Lot 2 & 3, Block 4, Lot 2 & 3. 2. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow porches to encroach 5 feet into yards facing common open space and/or the woonerf and for the carports to encroach 5 feet into yards facing the woonerf. 3. BMC 38.400.090.D Access Standards. The application proposes an allowance to the access separation at Durston Road from Rosa Way. 4. BMC 38.400.060.B. Alternate Access Standards. The application proposes an alternate access section to allow for a woonerf. 5. BMC 38.410.100.A.2.d. Watercourse Setback Standards. The applicant proposes a watercourse setback encroachment into Zone 2. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 2 of 23 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. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the Development Review Committee (DRC) found the application adequate for continued review. The application is complete for design review purposes. The Design Review Board (DRB) is scheduled to review the application on January 8, 2020. The Design Review Board is the design review advisory body to the City Commission on this application. The DRB is required to make a recommendation to the City Commission on this application. The City Commission is scheduled to review the application on February 24, 2019. Unresolved Issues There are two unresolved issues that are further identified in the staff findings below. The DRC does not support relaxation number 5 to allow for encroachment into the watercourse setback as there is an alternative option available that complies with code. The property also contains a portion of an existing gravel fines trail that runs from Durston to Annie. This trail connects to the residences along the west side. Staff is recommending that the portion of the trail be improved with permeable pavers in which the applicant has declined to pursue. Alternatives 1. Recommend Approval of the application with the recommended conditions and report findings; 2. Recommend Approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend Denial the application based on the Design Review Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS Executive Summary .......................................................................................................................... 1 Unresolved Issues ............................................................................................................................. 2 Alternatives ...................................................................................................................................... 2 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 3 of 23 SECTION 1 - MAP SERIES......................................................................................................................... 4 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................................................... 13 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ................................................................. 13 SECTION 4 – REQUIRED CODE PROVISIONS ......................................................................................... 14 SECTION 5 - STAFF ANALYSIS AND FINDINGS ....................................................................................... 14 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................................... 22 APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF .......................................................... 22 APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT ........................................................................ 23 ATTACHMENTS ..................................................................................................................................... 23 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 4 of 23 SECTION 1 - MAP SERIES Zoning Classification 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 5 of 23 Current Land Use 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 6 of 23 Future Land Use Overall Site Plan 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 8 of 23 Illustrative Plan 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 9 of 23 Overall Landscape Plan 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 10 of 23 Elevations of Duplex 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 11 of 23 Elevations of Triplex 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 12 of 23 Elevations of four-unit 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 13 of 23 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES 1. BMC 38.320.020.A Form and Intensity Standards. The application proposes to decrease the required minimum lot size for R-3 from 3000 square feet for Block 1, Lot 1 & 2, Block 2, Lot 1, 2, & 3, Block 3, Lot 2 & 3, Block 4, Lot 2 & 3. 2. BMC 38.320.020.C Form and Intensity Standards. The application proposes to allow porches to encroach 5 feet into yards facing common open space and/or the woonerf and for the carports to encroach 5 feet into yards facing the woonerf. 3. BMC 38.400.090.D Access Standards. The application proposes an allowance to the access separation at Durston Road from Rosa Way. 4. BMC 38.400.060.B. Alternate Access Standards. The application proposes an alternate access section to allow for a woonerf. 5. BMC 38.410.100.A.2.d. Watercourse Setback Standards. The applicant proposes a watercourse setback encroachment into Zone 2. 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 four of the five relaxations meet justification for approval. Staff finds that the relaxation for encroachment into the watercourse setback does not meet the criteria for granting a relaxation. Further analysis is detailed below in Section 5. SECTION 3 - RECOMMENDED 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 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 38.320.020.A Form and Intensity Standards. The application proposes to decrease the required minimum lot size for R-3 from 3000 square feet for Block 1, Lot 1 & 2, Block 2, Lot 1, 2, & 3, Block 3, Lot 2 & 3, Block 4, Lot 2 & 3. 2. BMC 38.320.020.C Form and Intensity Standards. The application proposes to allow porches to encroach 5 feet into yards facing common open space and/or the woonerf and for the carports to encroach 5 feet into yards facing the woonerf. 3. BMC 38.400.090.D Access Standards. The application proposes an allowance to the access separation at Durston Road from Rosa Way. 4. BMC 38.400.060.B. Alternate Access Standards. The application proposes an alternate access section to allow for a woonerf. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 14 of 23 4. The portion of the existing trail that protrudes onto the subject property must be constructed with permeable pavers installed in lieu of gravel fines with final design to be approved by Engineering Division. 5. Any encroachment of the sidewalk in Zone I & Zone II of the watercourse setback must be permeable pavers rather than concrete. Final design must be approved by the Engineering Division. 6. 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 planned unit development plan approval. 7. 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. 8. No property may be removed from the covenants without written approval of the City of Bozeman. 9. 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. 10. A signed and recorded waiver of right to protest a city-wide park maintenance district must be provided with the final planned unit development plan. 11. The applicant must provide a copy of the filed SID waiver prior to Final Plat approval. SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.410.100.A.2.d. Minimum watercourse setback. Based on the revised drawings, the following should be considered which would eliminate the need for a relaxation request: a. Any portions of the trail that is on the subject property must be improved with permeable pavers rather than gravel fines trail to comply with Section 38.410.100.A.2.d. Staff recommends that the offsite portions of the trail be the same material for continuity and maintenance. b. The portions of the sidewalk that are in both Zone I & Zone II should be permeable pavers which are allowed in the watercourse setback. If this approach is taken, a relaxation is not required. Staff does not support the request for a relaxation for a concrete sidewalk in the watercourse setback since there is an option available that complies with code. SECTION 5 - STAFF 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. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 15 of 23 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 Residential and is zoned R-3. The change in intensity is anticipated by the growth policy in areas of the city with adequate infrastructure. The proposed use of residential units 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. This project contributes to an existing and expanding residential area. Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a high net residential density at 17.2 residential units per acre (minimum density for R-3 is 5 DU/acre). 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 a mix of quality housing consisting of 2-unit, 3-unit, and 4-unit dwellings that are consistent with the neighborhood and the zone district. Goal E-1: Continue protecting critical lands as valuable resources for the Community. The project is adjacent to wetlands and a watercourse and proposes to utilize it as open space and preserve the natural resource. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations There are no known violations on the property. The project proposes several alternative standards for development within the PUD. If the remaining PUD and subdivision processes are completed, and the City Commission approves the requested relaxations, then the project will be in conformance. If the Commission does not approve the relaxations then the project will not be in conformance and should not be approved. 3. Conformance with all other applicable laws, ordinances, and regulations The proposed uses of the site are consistent with regulations besides the conflict with the watercourse setback that is identified below. If approved, additional steps will be required including 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 16 of 23 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 International Building Code for compliance at the time of building permit application. 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 The 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 The uses are permitted in the R-3 district. Form and intensity standards are met with the proposal other than the proposed relaxations for lot size requirement and porch encroachment into the setback. Relaxation no. 1 modifies the minimum lot size for R-3 from 3000 square feet for Block 1, Lot 1 & 2, Block 2, Lot 1, 2, & 3, Block 3, Lot 2 & 3, Block 4, Lot 2 & 3. Each lot fronts onto a public landscaped open space with pedestrian facilities which in turn increases usable open space for the individual lots. Overall, the total area provided is well in excess of the 3000 square feet per dwelling. Relaxation no. 2 modifies setback standards to allow porches to encroach 5 feet into yards facing common open space and/or the woonerf and for the carports to encroach 5 feet into yards facing the woonerf. The front setback for R-3 is 15 feet and the rear setback for the R-3 is 20 feet. The encroachment will not affect utility easements. 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 The proposed streets meet standards with the proposed relaxations and provides for connectivity and continuity of streets. Glenwood is extended to the woonerf that will run north-south through the development. The woonerf is a supported street section by the Engineering Division that is requested through relaxation no. 4. This woonerf connects Durston Road and Annie Street. The access location of the woonerf does not meet access separation from Rosa Way which is requested through relaxation no. 3. The Engineering Division supports this relaxation. The proposed parking is met. Pedestrian access is provided from the street directly through and into the project. Two pedestrian access easements that run east-west are proposed on the property. Perimeter street frontage sidewalks are provided on every perimeter street in conformance to standards. An existing trail that runs north-south exists to the west of the subject property that is part of the Westbrook Subdivision open space. This trail protrudes onto the subject property and is located 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 17 of 23 within the watercourse setback. Since it is an existing trail, the entirety of the trail does not have to be brought up to standards, however, there are portions of the trail located on the subject property. Since this portion of the trail is connecting to the sidewalk of the residences and are on the subject property, per Condition of Approval no. 4, staff is requiring it to be improved with permeable pavers Staff is also asking that the rest of the trail be improved to provide proper pedestrian connection, however, since it is not on the subject property, it is not required. There are three portions of the proposed sidewalk on the western portion of the property that are located in the watercourse setback. Relaxation no. 5 requests encroachment of the sidewalk into the watercourse setback in which staff is not in support of. The portions of the sidewalk that are in both Zone I and Zone II of the watercourse setback should be permeable pavers which are allowed in the watercourse setback and are reference in Condition of Approval no. 5. This alternative option complies with code and eliminates the need for a relaxation as stated. Water and sewer is provided to each lot through mains within the city owned rights of way. The current capacity in the Laurel Glen Lift Station is for 38 dwelling units. The nearby Lakes at Valley West subdivision was allocated for up to 256 units with only 246 units being built. Either ten of its units will be released to fit the capacity of the Nest development or a building restriction will be placed on Block 3, Lot 2 and Block 4, Lot 1 until capacity is available. This will be sorted prior to final plat and PUD. 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 and development. Cash in lieu of water rights is proposed and will be paid with the final site plan for site development. Cash-in-lieu for parkland is not required for this project as parkland dedication has been met with the Westbrook Subdivision Phase 1-4. 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 the residential environment adjacent to the site. The buildings comply in building materials, building quality, architectural integration, and orientation of parking. Each residence contains adequate open space requirements and are connected to adjacent sidewalks. The general approach to landscaping meets standards. A total of 135 parking spaces are required and 136 spaces are provided. 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 The Nest is adjacent to a large open space corridor containing a section of Baxter Creek. None of the residences are located within the watercourse setback, but the applicant is requesting for a 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 18 of 23 relaxation to allow the sidewalk to encroach into the watercourse setback in which staff is not in support of. The project provides 1.91 acres of common open space throughout the neighborhood. The approach to the stormwater system meets code standards. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Wetlands and Baxter Creek are located adjacent to the Nest site. Landscape planting is in conformance with the wetland setback. 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. The site will be divided according to the companion subdivision (19-372) 12. Phasing of development Not applicable. The project is proposed to be constructed in one phase. 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, 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 19 of 23 fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes. The Nest complies with all design standards outlined in the Bozeman UDC with the exception of those relaxations requested as a part of this PUD application and as illustrated in the plan set and design manual. (2) Does the project preserve or replace existing natural vegetation? Yes. The Nest will replace any lost vegetation with a landscaping plan that provides residential scale plantings as well as neighborhood wide installations. The wetland buffer along the east will be protected and supplemental plantings installed as well. (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 Nest parcel faced some significant challenges with respect to the dimensions of the site and access points. However, through innovative design, the use of a woonerf and the employing condominium ownership, the site was able to be maximize, take advantage of amenities on site and in the adjacent area, as well as connect to a local street to the east. (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 Nest is contributing by maximizing the site and use of land, the placement and orientation of buildings and the conservation of natural areas. The landscaping plan is drought tolerant, incorporates water efficient design and creates shade and micro climates to help with cooling buildings in the summer. Some homes may be constructed solar ready if home owners want to pursue this option. (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. All parcels front onto common open space and have immediate access to the pedestrian network that connects the site to adjacent parcels. Thoughtful transitions from private yards to the common open space contribute to the success of the project by creating visual and physical access for all residents. Sidewalks and pedestrian circulation allow resident visitors to easily access the larger open space and trail on the western portion of the site, connecting further to parks northwest of the Nest. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 20 of 23 (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. As discussed previously, all required parkland was dedicated under the Westbrook Subdivision. The Parkland calculation and tracking table was updated with the Nest’s increased density and the parkland previously dedicated still exceeds what was required. The Nest will provide ample open space, improve a fine trail that connects to the adjacent open space and parks and install wetland plantings. (7) Performance. All PUDs shall earn at least 20 performance points. Yes. This PUD proposes to use (a) Additional Open Space to earn its 20 performance points based on the open space provided. The Nest will achieve 35 performance points. (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 main woonerf connects the Nest to Annie Street in the north and Durston Road to the south. The north access point aligns with Cassandra Lane on the north side of Annie Street and the woonerf also connects to Glenwood Drive to the east of the development. b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (article 10 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? Yes. The gross density for the site is calculated at 8.31 (45 du/5.411 acres). The net density is 17.9. (2) Does the project provide for private outdoor areas (e.g., private yards, patios and 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. Every lot and/or home has access to private outdoor space. Condominium units feature a private balcony/porch. There is a total of 1.805 areas of common open space provided through the neighborhood and all homes have direct access. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 21 of 23 (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes. As discussed previously, there is ample open space in and around the development and a larger neighborhood park approximately ¼ mile away. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? Yes. The Nest is designed and intended to achieve a vibrant infill project while creating a distinct identity and connecting to natural areas and open space. The layout and woonerf work to maximize pedestrian access and encourage multi-modal use. (6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in article 8 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 shall be 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 shall be provided within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the base density upon which the density bonus is calculated. Not applicable. (7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? No limited commercial is proposed. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes. The Nest will have its own, unique character reinforced through architecture, site design and circulation. Visual and physical connections to adjacent neighborhoods and shared open space transitions will promote its individuality as well as allow it to blend in with the pattern of the larger neighborhood. 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 22 of 23 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned R-3, Residential Medium Density. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF Owner: Center Arrow Partners, LLC, PO Box 1633, Bozeman, MT 59771 Applicant: Kilday & Stratton, Inc., 2880 Technology Blvd, Suite 271, Bozeman, MT 59718 Representatives: Kilday & Stratton, Inc., 2880 Technology Blvd, Suite 271, Bozeman, MT 59718 Report By: Sarah Rosenberg, AICP, Associate Planner 19372 Design Review Board Staff Report for the Nest Preliminary PUD Page 23 of 23 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. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.