HomeMy WebLinkAbout20- Findings of Fact and Order - Bridger View Redevelopment Subdivision 19466Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Bridger View
Redevelopment Subdivision, Application 19466
Public Hearing Date: Planning Board, May 5, 2020, 6:00 pm held via WebEx and broadcast on channel 190, as well as live streamed on the City of Bozeman’s website. The recorded meeting is found at: https://media.avcaptureall.com/session.html?sessionid=68af81e7-eb7e-4557-9b17-05449f4c6fc3&prefilter=654,3835 City Commission, May 18, 2020 at 6:00 pm held via WebEx. Information to join the WebEx meeting will be provided the week prior to the City Commission meeting.
https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938-
e3076c4c32ec&prefilter=654,3835
Project Description: Preliminary Plat and Planned Unit Development (PUD) applications to allow a residential development with 19 relaxations to subdivision and zoning regulations for numerous dimensional standards, street design, utility easements, and a request for concurrent construction. The application proposes the development to be constructed in three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District).
Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 2 of 49 View Mobile Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (R06E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with conditions and code requirements.
Parks Plan Recommended Motion: Having reviewed and considered the parks plan, I hereby adopt the findings presented in the staff report for application 19466 and move to approve the parks master plan for the Bridger View Redevelopment Subdivision with conditions and subject to all applicable code provisions.
Preliminary Plat Recommended 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 19466 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions.
Report Date: May 6, 2020
Staff Contact: Tom Rogers, Senior Planner Anna Russell, Project Engineer
Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1. If the PUD and associated relaxations are not approved, then the conditions and findings of this report will need to be modified. The analysis summarized in this report assumed approval of the requested relaxations. Staff recommends approval of the PUD and associated relaxations, subject to conditions. The City Commission will decide whether to approve or not to approve the PUD. Project Summary The property owner and applicant submitted an application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The development proposes the construction of 63 residential living units (including the common house) on 57 lots, parking structures, common open space areas, and rights-of-ways, to be constructed in three phases. The parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. Provision
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 3 of 49 of the value of the cash-in-lieu is proposed through improvements to Story Mill Park, which is adjacent to the proposed development. The Bridger View mobile home park hosted 92 residential homes total with 40 units on the subject property. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The project’s development intent is to create a “lasting and livable” neighborhood. Bridger View Redevelopment, with a gross density of 7.9 houses/acre and a NET residential density of 20 units per acre, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold at prices affordable to homebuyer households with incomes between 80 to 120 percent of the area median income (AMI) rate (i.e., higher than the maximum pricing provided by the City’s Affordable Housing Ordinance (AHO) but lower than market rate), and five (5) homes will meet the AHO at the “lower-priced home” income bracket of 70 percent AMI or less. The final residential unit is described as the “common house” for use by property owners as a gathering space and short term living facility for residents’ visitors for a total of 63 residential units. The internal roads and open space will be owned by the Property Owners Association (POA) with a public access easements throughout. Maintenance and replacement will also be the responsibility of the POA. Therefore, future residents will be financially responsible for replacement of all infrastructure including landscaping, sidewalks, roads, parking lots, parking structures, and associated infrastructure. The applicant proposes meeting the City’s affordable housing requirement by providing five (5) lower priced homes. The AHO defines “lower priced homes” as homes priced at a price affordable to a buyer-household with an income at or below 70 percent of AMI as determined by the city in accordance with section 38.380.070 of the AHO. The AHO defines “moderate-priced homes” as homes affordable to a buyer-household with an income from 70.1 percent to a maximum of 90 percent of AMI. Eleven units in this development are condominium ownership and not subject to the AHO. The remaining 52 homes are subject to the AHO. According to the submitted affordable housing plan:
47 units will be market rate
5 homes will meet the AHO’s definition of lower priced homes
10 units will be sold as condominiums
1 unit will be used as a common house Please refer to the affordable housing discussion below in this report, the affordable housing plan submitted with this application, and the Bozeman Community Housing Program Manager’s memo attached to this report for more detailed information. Bridger View Redevelopment will be constructed in three phases. Phase one includes 22 homes, the Common House, and one (1) lower priced affordable unit, phase two includes 20 homes
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 4 of 49 and two (2) lower priced affordable homes, and phase three includes 20 homes and one (1) lower priced affordable home. A newly constructed extension of Hillside Lane is required with this application. Hillside Lane extends to the western property boundary to allow future connection to Story Mill Park and development to the south to facilitate compete streets and grid. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with unique characteristics. In order to achieve the desired outcome, 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application, see section 2 below. 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 existing standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The applicant has provided additional narrative in support of this assertion in the PUD Relaxations attachment. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review containing detailed documentation necessary for review. The Planning Board reviewed the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Subdivision Review Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL) for the Bridger View Redevelopment application. TPL was the original property owner. Ownership was subsequently transferred to The Human Resource Development Council (HRDC). The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 5 of 49 significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Design Review Board (DRB) reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. A summary of the DRB’s discussion points is provided below: Better understand long term management scheme and how cost will be shared by development Comment proposed housing types are permitted today, builders are not building them however. The DRB discussion property constraints at length in support of a variety of the proposed relaxations and the effort to maximize density. Require Affordable Housing (AH) form to be completed and packaged as described. Status of Story Mill park parking and drive. Emergency route is only between the two parking areas. The trail is hardscaped and wider in this area. Market rate homes are like any other home with a POA. The attainable units have restrictions limiting sale price. How will the 2nd-3rd generation deal with the vast price difference? Is this the right location for such a development? Long way from most goods and services. If the concept works, why do we have the standards we have for lots, easements, trash collection, emergency services, etc. Code provision - an Affordable Housing (AH) form is required. Please prepare a complete form and submit 45 days prior to final plat submittal for review and possible approval. Pursuant to section 38.240.150.A.3.b, BMC, the Bridger View Redevelopment covenants must be submitted to the city attorney's office at least 30 working days prior to submission of the final plat application to the community development department. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=401196c6-4f8f-4abd-bd8e-f89363d1f44b&prefilter=654,3835
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 6 of 49 The Bozeman Planning Board reviewed the Preliminary Plat application on May 5, 2020 and recommended approval of the Preliminary Plat. The Board (9:0) to recommend the City Commission approve the Preliminary Plat application. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=68af81e7-eb7e-4557-9b17-05449f4c6fc3&prefilter=654,3835 The City has received public comment on this application. As of the publication of this report, ten comments have been received, all in support of the project. Public comment on this matter can be found at http://weblink.bozeman.net/WebLink8/0/fol/210594/Row1.aspx. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The DRC deemed the application adequate for continued review on February 19, 2020. Pursuant to BMC 38.240.130, the city commission shall approve, conditionally approve or deny the subdivision application by June 12, 2020, unless there is a written extension from the developer, not to exceed one year. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is encouraged if the Commission wishes to amend or add conditions of approval.
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Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................. 2
Unresolved Issues ..................................................................................................................................... 2
Project Summary ....................................................................................................................................... 2
SECTION 1 - MAP SERIES .............................................................................................................................. 8
SECTION 2 –RELAXATIONS / DEVIATIONS / VARIANCE ............................................................................. 21
SECTION 3 - CONDITIONS OF APPROVAL ................................................................................................... 23
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................................... 27
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ....................................................................... 31
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................................................ 31
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. ............................................... 32
Primary Subdivision Review Criteria, Section 76-3-608 .......................................................................... 35
Preliminary Plat Supplements ................................................................................................................. 39
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................................................... 45
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ................................................................... 47
APPENDIX B – NOTICING AND PUBLIC COMMENT .................................................................................... 47
APPENDIX C – PROJECT BACKGROUND ..................................................................................................... 48
APPENDIX D - OWNER INFORMATION ...................................................................................................... 49
FISCAL EFFECTS ........................................................................................................................................... 49
ATTACHMENTS ........................................................................................................................................... 49
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SECTION 1 - MAP SERIES
Zoning classification
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Future Land Use Designation
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Current Land Use
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Architectural Site Plan
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Open Space Plan
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Preliminary Plat
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Hardscape Plan
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Unit Type Plan
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Farmhouse Type – 2 bedroom
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Farmhouse Type – 3 bedroom
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Bungalow Type – 1 bedroom
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Bungalow Type – 2 bedroom
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Parkside Type
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SECTION 2 –RELAXATIONS / DEVIATIONS / VARIANCE There are no variances requested with this subdivision application. The concurrent Planned Unit Development (PUD) application requests the following relaxations through the PUD. Those identified with italics are related to subdivision standards: 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application also requests a deviation to allow a “Common House” on a lot. A deviation to allow the “Common House” is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.C Lot coverage & setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. 5. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding the allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings).
8. Section 38.400.050 Street and road right-of-way width and construction standards.
The application requests to allow an alternative road section design. Specifically, the
60 feet right-of-way standard would be reduced to 30 feet.
9. Section 38.400.090 Access. The application requests eliminating access from an
improved public street or alley and having access from public sidewalks and open
spaces. 10. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive aisle and alleys.
11. Section 38.410.040 Block length and width standards. The application requests
reducing alternative design standard for block length and width standards from a 5
foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and
reducing required 10 foot setback from pedestrian paths.
12. Section 38.410.040.E Blocks. The application requests an alternative block and lots
numbering scheme.
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13. Section 38.410.060.B Easements. The application requests to allow alternative location
of private utility easements and reduce required private utility easements size from 10
feet to 5 feet.
14. Section 38.410.060.C Public Utility Easements. The application requests a reduction in
public utility easements from 30 feet to a specific configuration of easements.
15. Section 38.420.060.A Park Frontage. The application requests to allow a public
sidewalk and building fronts to face the park rather than a road. This deviation is not
required. No parkland dedication is proposed therefore this standard does not apply.
16. Section 38.520.040 Non-motorized circulation and design. The application requests a
reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the
standard 5 feet. 17. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. 18. Section 38.550 Landscaping. The application requests an alternative landscape plan requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts. 19. Section 38.570 Lighting. The application requests an alternative lighting plan. 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 existing standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. See the application materials for materials in support of the assertion. The relaxations may be granted with a PUD. No action will be taken on these requested relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Condition 8 requires a notice to purchasers to inform them of the particular development standards in this development. This will help avoid confusion, purchase under misapprehensions, and future conflicts between owners and the City. As the plat requires approval of the PUD in order to conform to all regulations, condition 2 establishes the sequence of approvals needed to enable approval of a final plat.
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SECTION 3 - 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 preliminary plat application. Additional conditions may apply to the planned unit development being processed concurrently.
Conditions of Approval: 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 plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificate. The Final Plat application shall include the final plat, all supplementary documents, and the final plat application form as may be amended and to the standards required by the community development director described in the Final Plat Requested Materials (Form FP). 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. Prior to final plat approval, written verification of a signed and executed encroachment agreement between Montana Department of Transportation and HRDC, District IX, Inc. approving the relocated encroachment for Blue Silos Way onto Bridger Canyon Road (Hwy. 86) is required. 5. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat. 6. Concurrent with recording the final plat for the subdivision, the subdivider must transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all open space areas within the Bridger View Redevelopment Subdivision. 7. The final plat shall contain the following notations on the conditions of approval sheet: (a) “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 24 of 49 right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Bridger View Redevelopment subdivision.” (b) “Maintenance of all streets and alleys including Blue Silos Way, Millwork Way, and Flourhouse Way, except Hillside Lane, are the responsibility of the POA. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all related infrastructure.” (c) “Maintenance of all stormwater facilities is the responsibility of the POA. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all related stormwater infrastructure.” 8. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bridger View Redevelopment are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are a result of the planned unit development relaxation and are specific to the Bridger View Redevelopment Subdivision and the customized standards are in place of the general development standards of the City of Bozeman Zoning. If a revised development standard is not specifically established in the Bridger View Redevelopment approval documents the general standards of the City apply. The City’s general standards may be revised over time. Modification of the special standards would require an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 9. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication must be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 25 of 49 parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 10. All stormwater facilities located on private property require drainage easements for the POA to maintain the storm water facilities. The easements must include permission for the City to access them to allow for inspections. 11. The city accepts maintenance responsibility for Hillside Lane, except for any landscaping and stormwater facilities in the median which shall be the responsibility of the property owners’ association. 12. The applicant must pay the Story Mill Road and Griffin Drive Sewer Payback District assessment associated with the subject property prior to final plat approval. 13. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork Way, and Flourhouse Way including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plan approval. 14. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant’s request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it, the new location of this utility easement must be shown on the final plat and final PUD plans. 15. Trees may not be located within 10 feet of sewer and water services unless explicitly listed and referenced in the relaxation requirements for tree separation. Sewer and water services must be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent prior to construction.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 26 of 49 16. All irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space to be owned by the property owner’s association shall be transferred to the property owner’s association from the subdivider in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 17. Property owner’s association documents must address the requirements for street trees, a City of Bozeman planting permit for street trees, and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. 18. Simultaneous with recording the final plat, the applicant must file a hold harmless document reviewed and approved by the City of Bozeman for any delayed maintenance or reconstruction to installed infrastructure. 19. Subdivision lighting Special Improvement Lighting District (SILD) information shall be submitted to the City Clerk after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the SILD shall include the entire area of the preliminary plat for the Bridger View Redevelopment Subdivision. 20. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual obligee on the bond. 21. In relevant part, BMC 38.400.020, provides “A. General. All streets or alleys within, or providing access to, the proposed development must . . . be private streets to be owned and maintained by an approved property owners’ association . . .” and “c. Documented proof of adequate funding and scheduling for maintenance of all private streets, must be provided, subject to section 38.220.200.” Prior to final plat approval, a POA must be formed. The POA’s covenants, Articles of Incorporation, and corporate Bylaws must require the POA to provide for the assessment of funds adequate to maintain, repair and replace improvements including landscaping of open space, common structures, roads maintained by the POA, and sidewalks within the entire exterior boundaries of all phases of the subdivision. The covenants must address long-term capital reserves. The assessment must be based on a reasonable estimate of the costs of maintenance, repair, and replacement of the improvements to ensure adequate capitalization for routine maintenance as well as long-term replacement. 22. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 27 of 49 23. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to submitting final plat application. All addresses must be listed for each lot in the subdivision. 24. Cash-in-lieu of water right. The transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided prior to final plat approval. 25. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found in the Bridger View Redevelopment Affordable Housing Plan recorded as document no.___________ at the Gallatin County Clerk and Recorders Office.” The conditions of approval sheet includes the required notation. This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. At least thirty working days prior to submission of the final plat application, the developer must submit a copy of the covenants to the city attorney’s office. The POA documents must include the requirements of Section 38.220.300 and 38.220.320.A.5 and 6. 2. BMC 38.220.070.A.6 easements. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 3. BMC 38.220.070.A.8 final plat review. The applicant must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a property
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 28 of 49 owners' association and, the applicant must record the proposed documents governing the association at the time of final plat filing. 5. BMC 38.220.320.A.6 Common area and facility maintenance guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, must at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city may cause written notice to be served upon such organization or upon the owners of property in the development. 6. BMC 38.220.300 and 310 and BMC 38.410.080.D The POA documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 7. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. (2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required State Department of Natural Resources and Conservation documentation, certification and authorization. 8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 9. BMC 38.240.520 where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 29 of 49 10. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 11. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. 12. BMC 38.270.030.B.2.a and b. Completion of Improvements, Sidewalks. a. The subdivider must install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas must be installed prior to final plat approval, or must be subject to an approved improvements agreement and financially guaranteed. b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This must be provided as a note on the conditions of approval sheet of the final plat. 13. BMC 38.270.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of a special district for parks maintenance will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation or prior development. 14. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city will be considered a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval. The affordable housing plan has been updated with the final plat application and is complete and correct. This document must be recorded with the final plat documents following final plat approval by the City Commission.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 30 of 49 15. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. This code provision is satisfied with the recording of the final plat and associated affordable housing plan. 16. BMC 38.380.140.B.1 Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu per a fee schedule adopted annually by the city commission. For each required affordable home not built, the cash-in-lieu amount will be the difference between the sales price of a lower-priced home according to the then-current schedule of affordable home prices and the average of the median sales price of homes within the city with the same number of bedrooms over the two years prior to the adoption of the schedule. Cash-in-lieu payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building in the development subject to this article. This code provision will be satisfied with the payment of cash-in-lieu as outlined below and prior to the recording of the affordable housing plan (Form AH). 17. BMC 38.380.140 C.1 Timing of providing in-lieu contributions. In-lieu contributions when permitted shall be due and deliverable to the city before the recordation of the affordable housing plan. A developer may propose an alternative to this requirement in which staged contributions are made upon the predicted occurrence of certain events, such as the sale of lots, which alternative may be approved at the sole discretion of the city. 18. BMC 38.400.060 Street Improvement Standards. The applicant must request a waiver for upgrades to the intersection of Bridger Drive and Story Mill Road. The waiver must be granted prior to final plat approval or the required improvements must be installed and accepted by the City or financially guaranteed as allowed prior to final plat approval. A sample waiver will be sent to the applicant’s engineer. 19. BMC 38.410.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 20. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and all open space lots is required prior to final plat approval.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 31 of 49
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) reviewed the application on November 27, 2019. Based on its evaluation of the application against the criteria, the DRC found the application insufficient for continued review. A revised application was received January 23, 2020 with additional documentation and application forms received on April 21, 2020. On February 19, 2020 the City deemed the revised materials acceptable for review. The Design Review Board reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. The Community Affordable Housing Board (CAHAB) meetings have been cancelled due to COVID-19 related Orders. Therefore, CAHAB has not reviewed the application or provided a recommendation. However, members of CAHAB were invited to review all publicly available materials related to these applications and submit public comment to agenda@bozeman.net. The Recreation and Parks Advisory Board Subdivision Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL) for the Bridger View Redevelopment application. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Park plan was reviewed when TPL was the owner of the property. Ownership of the property was transferred from TPL to HRDC. The Planning Board reviewed the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The Planning Board made a recommendation to the City Commission. The City Commission held a public hearing on May 18, 2020 at 6 p.m. The hearing was held by WebEx at 6:00 pm and a link to the hearing is:
https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938-
e3076c4c32ec&prefilter=654,3835
SECTION 6 - 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 is a summary of the completed review.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 32 of 49
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Staff recommends condition numbers 2, 3, and 5, and code requirements to address necessary documentation and compliance with adopted standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. This subdivision includes some proposed lots to be included in a community land trust. The buildings on the lots will be sold, but the land where each building is located will be subject to a long term lease. The City has reviewed this proposal and finds that this application is not subject to 76-8 MCA, Buildings for Lease or Rent or Chapter 38, Article 2, Division 240, Part 3, Land Divisions Created by Rent or Lease. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on November 5, 2019. The DRC reviewed the application materials and deemed this application acceptable for initial review on November 27, 2019. The DRC reviewed the application materials in accordance with the submittal checklists and Article 38.220 of the Unified Development Code (UDC) and found the application was not adequate for continued review per Section 38.240.110.A.3.a(2) BMC on December 6, 2019. A revised application was received on January 23, 2020 with additional documentation and application forms received on April 21, 2020. The April 21, 2020 submittal included the Affordable Housing form and the associated required materials. On February 19, 2020 the City deemed the revised materials acceptable for review.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 33 of 49 The hearings before the Planning Board and City Commission have been properly noticed as required by the UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public comment received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The Planning Board conducted a public hearing and review the application on May 5, 2020. The Planning Board is the advisory body to the City Commission on this subdivision application. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The DRC deemed the application adequate for continued review on February 19, 2020. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by June 12, 2020, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix B. Public comment has been received. On May 1, 2020 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review by the DRC and the Department of Community Development all applicable regulations are met if all code requirements are satisfied with approval of the associated Planned Unit Development. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code Correction 2 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within public access easements and street right of ways. Standard utility size and depths are being modified through the planned unit development alterative. The standard sewer easement width is 30 feet, the application is proposing a 25 foot easement width. Similarly, City standard ten foot front yard utility easements are being reduced to 5 feet in numerous lot fronts to accommodate the reduced lot size. Additional easements are carved out to accommodate electrical transformers installed by Northwest Energy. All easements are shown on the Plat Summary Map, Civil Site Plan, and Shallow Utility Plan. The Shallow Utility Plan is needed to orchestrate the multiple utilities within confined spaces. The developer is using a single construction management company to insure all safety protocols are enforced and the design is property constructed to ensure health and safety. All affected utility providers have approved the proposed utility plans.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 34 of 49 The applicant has requested the eastern most ten foot power easement be relocated onto City property to the east. The Public Works Director is processing their request. If approved, the ten foot utility easement shown on the plat and associated plan sheets will be abandoned and relocated on City property. In addition, the applicant will be responsible for the financial cost of acquiring the easement and moving the existing power line to the new location. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel City code and state law require legal and physical access to each parcel within the subdivision. The City defines this standard primarily with frontage onto a City standard street allowing vehicular access directly to the front or rear of a property. A standard is available that allows access from a constructed alley and direct pedestrian access to the front of the property. PUD relaxations are requested to allow the alternative street section and physical access to individual lots. Bridger View Redevelopment is proposing alternative access types. At a minimum all lots will be access by a pedestrian walkway. In some cases, units with only pedestrian access will have reduced width pedestrian walkways if the Planned Unit Development is approved. An extension of Hillside Lane is proposed to be dedicated with this plat to a local standard street. Hillside Lane provides access to the proposed Blue Silos Way and Flourhouse Way. Blue Silos, Flourhouse, and Millworks Ways are non-standard roads within reduced public access easements. In combination the Paving Plan (Sheet C 4.0) and the Hardscape Plan (Sheet L1.0) best illustrate access to each individual lot. The final plat must contain a statement requiring lot accesses to be built to the standards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications unless modified through the approval of the PUD. For example, access to condominium units facing Story Mill Park are via a non-standard sidewalk of 4 feet width. The property owners association will be responsible for maintenance of all internal roads. Condition of approval 9 is related to this issue. The City accepts maintenance responsibility for Hillside Lane excepting the landscaping and stormwater facilities. Condition of approval 11 is related to this issue.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 35 of 49
Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as a residential and open space area according to the City of Bozeman Community Plan. The area is zoned for residential use development. The site is currently vacant and previously was a portion of the Bridger View mobile home park. Two cul-de-sacs are still in place and will be removed with development of the Bridger View Redevelopment. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are on the site. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, of Bridger Drive and Story Mill Road. Water and sewer were installed to serve the Bridger View mobile home park and were abandoned. The subdivider proposes to reconfigure and extend water and sewer mains to serve Bridger View Redevelopment. Water and sewer mains will be looped in order to meet water system requirements. The existing water system and downstream sanitary sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be provided per code provision in order to provide a long term water supply for the project. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. Multiple PUD relaxations relate to streets including construction standards, easement size, sidewalk location and size. Hillside Lane will be extended to serve this development, a future connection to Story Mill Park and future development to the south of the subject property. The development proposes a modified “woonerf” street cross-section to serve both vehicular and pedestrian use. The City accepts maintenance responsibility for Hillside Lane excepting the landscaping and stormwater facilities. Condition of approval 11 is related to this issue. The certificate of dedication for the final plat will list specific duties for maintenance. Hillside Lane right of way is proposed to be dedicated with this plat to provide a local street standard along southern border. An additional access point is planned by extending the right-of-way width on the south side to meet standards for un-subdivided lands, meet block width and length standards and access for future development. With the exception of Hillside Lane, the POA is responsible for maintenance and long term replacement of all internal streets, sidewalks, open space, common structures, and landscaping infrastructure and is required to create a plan to meet financial maintenance and replacement obligations. Condition of approval 21 is related to this issue.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 36 of 49 Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Conditions of approval 17, 18, 19, and 21 are related to these findings. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. However, the non-standard street sections created a need for a unique solution for turnaround areas and circulation within the site. A widened section of the “Path to the M” will be constructed within the sewer easement and public access easement for Open Space 5 and 7 to allow emergency vehicle circulation between the two proposed parking courts. Please refer to SP1 and the Civil Site Plan C 1.2 for details. A snap shot of C 1.2 is included here for illustrative purposes which shows the connection labeled as Emergency Vehicle Loop and highlighted in blue.
Stormwater - The subdivision will construct storm water control facilities exceeding municipal code standards by employing Low Impact Design (LID) components to apply to performance standards for the PUD. The proposed design includes the following design elements: 1. Decentralized Facilities - The proposed facilities are scattered across the development rather than combined into one large facility, a common Low Impact Development design approach. This allows for the localized management of stormwater rather than a long flow path where volume and pollutant load can increase.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 37 of 49 2. Integrated Facilities - The proposed facilities are located in high traffic areas. Facilities located in such areas are far more likely to receive maintenance than hidden facilities in low traffic areas. 3. Maintenance Access - The proposed facilities have strategic maintenance access, which will preserve the long-term function and operation of the facilities. 4. Resilient Design - The proposed facilities are oversized when compared to the City’s current design standards. The physical location of the subdivision does not allow for an obvious discharge point. As such, the facilities are much larger and can hold larger volumes of stormwater than typically required. Considering these elements, the stormwater design on this project is “above and beyond” what the City would typically see on developments of this type. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions 9, 17 and 21 ensure this will be satisfied according to standards with the final plat. Parklands – Required parkland dedication requirements are proposed to be met with improvements-in-lieu of parkland dedication as allowed by section 38.420.030. Improvements are earmarked for the Story Mill Community Park directly adjacent to the subject property. The Subdivision Review Committee supports the improvements-in-lieu proposal from the Trust for Public Lands (TPL), the prior owner of the property, for the Bridger View Redevelopment application. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. The development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. The Park plan was reviewed when TPL was the owner of the property. Ownership of the property was transferred from TPL to HRDC. BMC 38.420.090 authorizes the City to require waivers of right to protest creation of special districts for park maintenance. The new development will create open spaces with public access and with associated maintenance requirements. The residents will also be able to use other public parks throughout the City. A park maintenance special district facilitates maintenance in a manner that is proportionate to demand. A waiver will be recorded with the final plat. Code Correction 13 is related to this issue.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 38 of 49 4) The effect on the Natural environment The subdivision will not significantly impact the natural environment. Historically, the site has been used for residential use with internal roads and multiple structures. The property is at an intersection of two roads and a park. The area is classified as residential according to the Bozeman Future Land Use map and is zoned for residential uses. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application proposes to irrigate parkland, open space or other public lands landscaping with a well. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by residential development, which has reduced wildlife habitat. There are no known endangered or threatened species on the property. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The PUD alternative states any relaxations granted through the PUD must be offset by a better result for future residents and the greater community. The subdivision has been reviewed by the DRC, which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. The intersection of Story Mill Road and Bridger Drive does not meet the standards of section 38.400.060. The applicant requested a waiver from the requirement to improve this intersection. A code correction is included to ensure the waiver is granted prior to final plat approval. Code Correction 18 addresses this issue. Although numerous subdivision and zoning dimensional standards are requested to be relaxed with the subdivision and PUD applications the design provides access, circulation, and internal circulation necessary to provide municipal services to the site and fire and emergency services have reviewed and approved the proposed design. All subdivisions must be reviewed against the criteria listed in Mont. Code Ann. 76-3-608.3.b-d, and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 39 of 49
Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on March 29, 2019. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water No surface water features are on the site. This supplement was waived by the DRC. 38.220.060.A.2 Floodplains No mapped 100-year floodplains impact the subject property. There are no designated floodplains on the site. 38.220.060.A.3 Groundwater As part of the geotechnical investigation, five groundwater monitoring wells were installed on the site and groundwater depths recorded through the summer of 2019. Monitoring wells were approximately 9.5-10 feet deep and no groundwater was observed in the wells. Therefore, the seasonal high groundwater depths are greater than 9.5 feet and will not impact site development. Additionally, there was no indication in the test pits that water reached higher levels in the past. Groundwater degradation will be avoided by the use of municipal sewers and low impact stormwater mitigation systems designed in accordance with City of Bozeman standards. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The geotechnical investigation found no geologic hazards or hydric soils on this site. The report provided site-specific recommendations for construction of foundations, utilities and streets. The Drainage and Grading Plan proposes cuts and fills are less than three feet in depth, and finished slopes are gentle (See Sheet C4.1). Final grading and erosion control plans will be submitted for engineering review after Preliminary Plat approval. 38.220.060.A.5 Vegetation This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. The existing vegetation is remnant of the previous trailer park lawns, and consists of scattered trees, shrubs, and grasses. This vegetation will be removed with site development and replaced with new landscaping as shown on the Landscaping Plan. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife. See comments above under Criterion 5.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 40 of 49 38.220.060.A.7 Historical Features No notable features are on the site. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. The Preliminary Engineering Reports for water and sewer reports demonstrate that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision. Water supply and sewerage will be provided by extension of City of Bozeman municipal systems as shown on the drawing set. Final design reports, plans, and specifications for the water and sewer extensions will be submitted for engineering review after the Preliminary Plat has been approved. Water rights for domestic water use will be provided by cash-in-lieu payment to the City of Bozeman. The annual water use for cash-in-lieu fee determination is provided in the Water Preliminary Engineering Report. Water rights for irrigation usage will be by an exempt water right on the existing trailer park wells. The Water Preliminary Engineering Report estimates that the irrigation use will be within the exemption of 10 acre-feet/year. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction. Low Impact Design (LID) methods to provide decentralized stormwater mitigation provide enhanced stormwater treatment, and function as site amenities. The LID stormwater mitigation will be designed in accordance with City of Bozeman Design Standards and Specifications Policy for retention/infiltration facilities. The Preliminary Engineering Report for Stormwater Design demonstrates that proposed stormwater mitigation meets the requirements of section 40.04.700, BMC and the City's adopted Stormwater Master Plan. Preliminary plans showing location and construction details of the proposed stormwater improvements are included in the drawing set. Final design reports, plans, and specifications for the stormwater mitigation facilities will be submitted for engineering review after the Preliminary Plat has been approved.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 41 of 49 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. The proposed density is more than previously established and a more thoughtful and complete street grid is proposed. The construction of Hillside Lane on the southern boundary will improve connectivity. See discussion above under primary review criteria. A road extends to the western property boundary to allow future connection to Story Mill Park and development to the south to facilitate compete streets and the street grid. The design further supports and improves block width standards. The development proposes a “Woonerf” type street section. Alternate street sections are permitted through the PUD process. The proposed street design includes a 16 foot drive aisle and two attached five foot attached pedestrian walks and no on-street parking. Typically, a Woonerf or shared street, does not include any sidewalks because, by definition, the hard surface is designed as a shared space. For example, according to the Federal Highway Transportation Administration a Woonerf ("Street for living") is a Dutch term for common space created to be shared by pedestrians, bicyclists, and low speed motor vehicles. They are typically streets without curbs and sidewalks, and vehicles are slowed by placing trees, planters, parking areas, and other obstacles in the street. Motorists become the intruders and must travel at very low speeds below 10 mph. This makes a street available for public use that is essentially only intended for local residents. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. Numerous utility design standard relaxations are requested with this application. In addition to those discussed above additional relaxations are needed to accommodate the shallow utility design by separating deep root trees and plants. In addition, special construction techniques are need to ensure existing trees’ health is maintained during construction and future maintenance. Conditions 15 and 17 are included to execute the desired outcome. The roads and open space will be owned by the POA with public access easements throughout. Maintenance and replacement will be the responsibility of POA. Therefore, future residents will be financially responsible for all going maintenance and replacement when deemed necessary. This includes all roads, sidewalks, and opens space. 38.220.060.A.14 Educational Facilities Required materials are provided. The Bozeman School District has identified that adequate capacity is available.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 42 of 49 38.220.060.A.15 Land Use The use proposed is mixed use residential which conforms to the future land use designation and zoning purposes. The property has a future land use designation of Residential Emphasis Mixed Use and is zoned R-3, Medium Density Residential District. Table C-16 of the Bozeman Community Plan shows R-3 as implementing districts of Residential Emphasis Mixed Use designated areas. The property is in accordance with the overall intent of the growth policy. The site is privately owned, and thus its current designation does not create any public right of use to the property. The property is adjacent to the Story Mill Community Park and proposes making improvements to the park to meet their requirement for park dedication requirements. 38.220.060.A.16 Parks and Recreation Facilities Parkland dedication or equivalent is required pursuant to section 38.420.020. Sixty two residential units are proposed plus the common house totaling 63 residential units. Pursuant to section 38.420.020.A.2 the R-3 zone has a density cap of 12 dwelling unit per net acre of dedication or 3.064 acres @ 12 DU equals a maximum of 36.768 units at the rate of 0.03 acres per unit. Therefore a total of 1.103 acres or parkland or equivalent is required. No written support claiming exemptions pursuant to section 38.420.020.B.5 was provided with the preliminary plat application. Appendix 10,q details the specific park plan for this subdivision. The applicant has proposed improvements-in-lieu to improve Story Mill Park. Lot size was reduced through the PUD provisions, if approved. The excess area was comingled into the various open space lots for the benefit of all residents. Open space is deducted as part of the net residential density calculation for parkland dedication and increases net residential density. As a result a 2.445 acres of common open space is provide in the development. The Subdivision Review Committee supports the improvements-in-lieu proposal from TPL, the previous landowner, for the Bridger View PUD. The completion of the parking lot was identified as a priority item of the Story Mill Park Master Plan by DRC staff, including Planning and Public Works, at the time of occupancy request last fall. The proposal exceeds the required amount of parkland for the development and TPL gave $200,000 to the City of Bozeman for parks stewardship as part of their Story Mill Park contribution to the City. Of course, the development is well situated adjacent to the park and significant trails along the north and east property boundaries—the future residents of the development have ample parkland with significant amenities for their benefit. A total of $98,052.98 of improvements are proffered with the application.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 43 of 49 Below please find the parkland dedication table from the application as required by code.
See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Bridger View Redevelopment does not require a neighborhood center pursuant to section 38.410.020.A. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 44 of 49 38.220.060.A.19 Miscellaneous The proposed subdivision will improve the access to public lands by construction of Hillside Lane and improvements to City parkland. No known potential hazards are related to this subdivision. 38.220.060.A.20 Affordable Housing The primary purpose of the proposed subdivision is to meet housing needs of the City. A three tier price range is proposed from lower-priced homes, as defined in the City’s Affordable Housing Ordinance (AHO), to market rates homes. To meet the specific requirements of the AHO the applicant proposes providing five (5) lower priced homes. The City defines “lower priced homes” as home priced at a price affordable to a buyer-household with an income at 70 percent of area median income (AMI) as determined by the city in accordance with section 38.380.070. The City defines “moderate-priced homes” as homes that meet a buyer-household with an income from 70.1 percent to a maximum of 90 percent of AMI. If the calculation of the required number of affordable homes results in a fraction of a home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.380.140 or by providing an additional moderate-priced home. The development application includes meeting the “missing middle” homes in a price range affordable to buyer-household with an income from 80 to 120 percent of AMI. “Missing Middle” housing is primarily about the form and scale of these buildings according to Opticos Design's Daniel Parolek, who coined the term “Missing Middle” in 2010 to define a range of housing types that provide a solution to the mismatch between the available U.S. housing stock and shifting demographics combined with the growing demand for walkable urban living. City code allows all the types of homes proposed without any specific consideration and other home types. The Affordable Housing application is attached for reference. Final plat approval is contingent on finalizing the affordable housing plan. Please refer to the Community Housing Program Manager’s memo attached to this report.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 45 of 49
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, 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 plat described in these findings of fact was conducted. B. The purposes of the preliminary plat 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, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on May 18, 2020 at which time the Department of Community Development Staff entered the staff report, applicant submittal, and all public comment into the record, and summarized the project to the City Commission prior to the public hearing. D. The applicant, HRDC, acknowledged understanding and agreement with the recommended conditions of approval, and code provisions. E. The City Commission requested public comment at the public hearing on May 18, 2020. Public testimony was offered on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, 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 plat 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 her regarding this application, the City Commission makes the following decision. G. The preliminary plat 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 plat and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) 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 subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 46 of 49
DATED this 14th day of September, 2020 BOZEMAN CITY COMMISSION ____________________________________
CYNDY ANDRUS Mayor ATTEST: __________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 47 of 49
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 office 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 property is designated as “Residential
Emphasis Mixed Use.” The Residential Emphasis Mixed-Use category “promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development.”
APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings in accordance with BMC 38.220.420. Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on April 17, 2020. Legal advertisement publication in the Bozeman Daily Chronicle was published on April 19, 26, and May 3, 2020. In response to schedule changes from the COVID-19 protocols the review schedule was changed. The applications were re-noticed pursuant to section 38.220.420 on April 24, 2020. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received. All public comment can be viewed by clicking the comment link provide in this report.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 48 of 49 The City Commission public hearing is available at:
https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938-
e3076c4c32ec&prefilter=654,3835
APPENDIX C – PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The development proposes the construction of 63 residential living units on 57 lots with one common house, parking structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The project’s development intent is to create “lasting and livable” neighborhood. The net residential density is 7.9 dwelling units per acre. Zoning requires a minimum net density of 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City’s Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City’s Affordable Housing Ordinance at the “lower income” bracket of 70 percent AMI or less for a total of 62 residential units. The development team states: “Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest, well-designed houses compatible in scale with Bozeman’s older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting.
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19466, Findings of Fact and Order – Bridger View Redevelopment Subdivision Page 49 of 49 The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman’s Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income. A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable. As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost-sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan.”
APPENDIX D - OWNER INFORMATION
Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715
Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715
Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS The development will generate the typical costs and revenues of residential development.
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Project summary Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Unit plan Common structures plans
Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines Community Housing Program Manager Memo Appendix 10.c Affordable Housing Plan Appendix 10.d Community Housing Plan Park Plan
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