HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C4. FOF for Nest PUD App 19372
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Sarah Rosenberg, Associate Planner
SUBJECT: Authorize Mayor to sign the Nest Preliminary Planned Unit Development (PUD)
Findings of Fact and Order, Application 19372.
STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches to issues
such as multimodal transportation, infill, density, connected trails and parks, and walkable
neighborhoods.
MEETING DATE: March 24, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor to sign the Nest Preliminary PUD Findings of Fact and
Order, Application 19373.
BACKGROUND: On February 24, 2020, the City Commission held a public hearing on an
application for a preliminary approval for the Nest Planned Unit Development.
The Commission voted unanimously to approve the application subject to conditions and code
provisions to ensure the final plan would comply with all applicable regulations and all required
criteria. These findings of fact provide a record of review and Commission action.
UNRESOLVED ISSUES: None identified.
1) Approval of the Findings of Fact and Order with modifications.
2) 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.
Report compiled on: February 25, 2020
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Attachments: Findings of Fact and Order
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19372 Findings of Fact for the Nest Preliminary PUD
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19372 City Commission Findings of Fact for the Nest PUD Preliminary Plan
Public Hearing Date: City Commission, February 24, 2020 at 6:00 pm in the City
Commission Room 121 N. Rouse Avenue, Bozeman, Montana
Project Description: A Preliminary Planned Unit Development (PUD) application to allow a
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
and a request for concurrent construction. A Preliminary Plat application is associated with this
application.
Project Location: Lot R1, Westbrook Subdivision, Phase 2, 3, 4, S04, T02 S, Block 5, P.M.M.,
Bozeman, Gallatin County, Montana.
Recommendation: Meets standards for 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: February 10, 2020
Staff Contact: Sarah Rosenberg, AICP, Associate Planner
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
This PUD is associated with a separate Preliminary Plat application. 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 applicant asserts that the overall outcome of
the proposal is superior to what would be obtained from the application of the default R-3
district. The outcome will be a higher density residential infill project. There are four types
of condo buildings in a mix of two, three, and four unit clusters. The property is zoned R-3
Residential Medium Density and is currently vacant.
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Four 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. Lots
vary for this relaxation, see plat for exact relaxations per lot.
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.
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) reviewed the application on January 8, 2020 and made a
recommendation of approval to the City Commission.
The City Commission held a public hearing on the application on February 24, 2020. 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.
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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
2/24/2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
The City did not receive public comment at the hearing.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ................................................................................................................ 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - REQUESTED RELAXATIONS ..................................................................... 14
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 14
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 15
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 16
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 25
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 27
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 27
APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT ........................................... 28
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 29
ATTACHMENTS ................................................................................................................... 29
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SECTION 1 - MAP SERIES
Zoning Classification Map
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Current Land Use Map
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Future Land Use Map
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Overall Site Plan
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Illustrative Plan
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Overall Landscape Plan
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Elevations of two-unit household
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Elevations of three-unit household
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Elevations of four-unit household
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SECTION 2 - REQUESTED RELAXATIONS
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. Lots
vary for this relaxation, see plat for exact relaxations per lot.
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.
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 the relaxations meet justification for approval. 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:
a) 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.
b) 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.
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c) BMC 38.400.090.D Access Standards. The application proposes an allowance to
the access separation at Durston Road from Rosa Way.
d) BMC 38.400.060.B. Alternate Access Standards. The application proposes an
alternate access section to allow for a woonerf.
4. Final design of the trail on the subject property that will be constructed with permeable
pavers must be approved by the Engineering Division.
5. Trail totems shall be installed at the entrances of the trail on Annie Street and Durston
Road. Final design of the trail totem must be approved by the Parks Department.
6. The boundary between Westbrook Subdivision Phase 2 Open Space and the Nest
Subdivision shall be clearly delineated by installing a corner monument of a 6-inch
diameter concrete cylinder copped with a brass survey cap at each point where the
property line changes direction.
7. 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.
8. 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.
9. No property may be removed from the PUD or covenants without written approval of
the City of Bozeman.
10. 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.
11. 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.
12. A letter is required from the owner of Lakes at Valley West stating the remaining unused
10 units of sewer capacity will be transferred to the Nest prior to Final Plat approval. If
an agreement is not reached, a building restriction needs to be placed on the final plat.
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.
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.
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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 38.430.040.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. The final plan must not contain any changes which
would allow increased deviation/relaxation of the requirements of this chapter; and the
final plat, if applicable, does not create any additional lots which were not reviewed as
part of the preliminary plan submittal. Final plan approval. The final plan may be
approved if it conforms to the approved preliminary plan in the manner described
above. Prior to final plan approval, the review authority may request a recommendation
from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final
plan.
5. BMC 38.520.060.D. The final PUD open space plan must illustrate open space amenities
that meet the pedestrian-oriented open space design criteria.
6. BMC 38.410.070.A.1 Certified water and sewer design reports must be provided prior to
final PUD approval.
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.
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
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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. If approved, 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, dedication of the utility easements, construction of
infrastructure, PUD final plan documents and application, and building permits. The Building
Division of the Department of Community Development will review the requirements of the
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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
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property. Perimeter street frontage sidewalks are provided on every perimeter street in
conformance to standards.
There is an existing gravel fines trail that runs north-south exists to the west of the subject
property that is part of the Westbrook Subdivision open space. Condition of approval number
five requires trail totems to be installed at the entrance of the trail to better mark it.
This trail protrudes onto the subject property and is located within the watercourse setback. In
order to meet block frontage standards for Special Residential, the portion of the trail that
connects to the residences on the north must be improved with permeable pavers and the
design approved by the Engineering Division as stated in condition of approval number four.
This portion of the trail cannot be concrete as it is located within the watercourse setback. The
proposed sidewalk that is not within the watercourse setback is proposed to be concrete. See
the attached trails/sidewalk exhibit with this application packet for further details.
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
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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. There
is a watercourse setback that protrudes onto the property. An existing trail is located within the
watercourse setback. None of the residences are located within the watercourse setback. The
project provides 1.91 acres of common open space throughout the neighborhood which satisfy
the PUD performance points. 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
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companies, 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.
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(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.
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(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.
(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.
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19372 Findings of Fact for the Nest Preliminary PUD Page 24 of 29
(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.
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19372 Findings of Fact for the Nest Preliminary PUD Page 25 of 29
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 residential development with relaxations to zoning regulations. The application includes the concurrent construction and four 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 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.
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19372 Findings of Fact for the Nest Preliminary PUD Page 26 of 29 DATED this _______day of , 2020. BOZEMAN CITY COMMISSION _________________________________
CHRIS MEHL
Mayor ATTEST: _______________________________
MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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19372 Findings of Fact for the Nest Preliminary PUD Page 27 of 29
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned R-3 (Residential Medium Density
District). 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, 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, 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 – NOTICING AND PUBLIC COMMENT
The Design Review Board reviewed this application on January 8, 2020. Notice was provided at
least 15 and not more than 45 days prior to the City Commission public hearings. BMC
38.220.420, Notice was provided by posting the site, mailing by certified mail to adjacent
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19372 Findings of Fact for the Nest Preliminary PUD Page 28 of 29
property owners and by first class mail to all other owners within 200 feet on January 31, 2020,
and by legal advertisement publication in the Bozeman Daily Chronicle on February 16 and
February 23, 2020. Content of the notice contained all elements required by Article 38.220.,
BMC. No public comment has been received.
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;
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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.
APPENDIX D – 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
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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